A judge has ordered the destruction of the controversial South Bend Police tapes that have been at the center of a legal battle for more than a decade…

The judge ruled the recordings were illegally made and violated both Indiana and federal wiretap laws.

The judge says the recordings were obtained without proper consent and cannot be used in future investigations or court proceedings.

The recordings were subpoenaed by the South Bend Common Council in 2012 amid allegations they contained racist remarks and evidence related to the removal of then-Police Chief Darryl Boykins.

While the judge ordered the tapes destroyed, they’ll be preserved until all appeals have been exhausted.

The following is a statement from South Bend Common Councilman Oliver Davis regarding the judge’s ruling:

Today is a very sad day in the City of South Bend, Indiana due to the St. Joseph County Superior Court Judge’s ruling which ordered the South Bend Police Tapes to be destroyed.

As the South Bend Common Councilmember who first requested that the South Bend Common Council, as the legislative branch of local government, should subpoena the tapes as a part of our oversight duties over 14 years ago, I find the Judge’s ruling very troubling and disheartening. This is because the police in question already shared that they were utilizing public (tax payer) phones. Thus, it is my understanding that there is No Expectation of Privacy: Employees have no legal expectation of privacy on government-issued devices. All calls, texts, and emails are subject to public records laws (like the Indiana Access to Public Records Act) and audits.

Henceforth, it is very shocking and disturbing that the the St. Joseph County Superior Court Judge’s ruling ordered the South Bend Police Tapes to be destroyed. These tapes were done on government-issued devices.

Thus, it is highly hoped that the South Bend Common Council will rigorously appeal today’s ruling by the St. Joseph County Superior Court Judge so that justice, which has been long denied, can finally become a reality for the People of South Bend, Indiana.

Cherishing the awesome Legacy of the late Chief Darryl Boykins and all of those who have been harmed by this long court battle,

Dr. Oliver Davis, At-Large Councilmember
South Bend Common Council