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Explosive developments in the federal wiretapping investigat

Re: Explosive developments in the federal wiretapping invest

Postby Happy Mom » Fri Apr 24, 2015 9:23 pm

This was 10 years ago... Sims has continued to make a mockery of the Justice system and is doing so with this latest suit. Why is he not in jail and doesn't he have to pay the Court cost for all these frivolous suits? The man is seriously deranged and I'm sick of his ridiculous antics. Get a job and quit blaming everyone else for your bad behavior!! :roll: :liar: :naughty: :doh: :shifty: :liar:
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Re: Explosive developments in the federal wiretapping invest

Postby Buck Wheat » Sat Apr 25, 2015 9:03 am

But ... but ... but ... Mario has found religion and is now a REVEREND!

:whistle: :whistle: :whistle: :whistle: :whistle:
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Re: Explosive developments in the federal wiretapping invest

Postby Happy Mom » Sat Apr 25, 2015 9:57 am

Buck Wheat wrote:But ... but ... but ... Mario has found religion and is now a REVEREND!

:whistle: :whistle: :whistle: :whistle: :whistle:


Just following in the footsteps of infamous racists, Jesse and Al.... :roll: :naughty: :doh:
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Re: Explosive developments in the federal wiretapping invest

Postby Happy Mom » Wed Aug 05, 2015 6:51 am

Battle between four officers, South Bend councilman continues
POSTED: 04:17 PM EDT Aug 04, 2015 UPDATED: 11:23 PM EDT Aug 04, 2015



Battle between four officers, SB councilman continues

SOUTH BEND -
There’s been a new turn Tuesday in the battle between four police officers and a South Bend councilman.


The Indiana Court of Appeals issued a ruling today in the case and now attorneys for both sides are speaking out.

This concerns the lawsuit the officers filed against Henry Davis, Jr. in the police department tapes scandal. The officers sued Davis, Jr. for defamation. A trial court dismissed the lawsuit, but the officers appealed and the decision was reversed.

Now, the lawsuit is reinstated and the case is allowed to move forward.


The plaintiffs are Metro Homicide Commander Tim Corbett, Assistant Commander Dave Wells, BrianYoung with the Special Victims Unit and former detective Steve Richmond.

The defendant is South Bend Councilman Henry Davis, Jr.

In 2012, Davis sent a letter to the Department of Justice about the police wiretapping controversy using council letterhead. The letter said some of the officers were recorded having racially insensitive discussions. It also alleged they covered up criminal investigations.

The officers sued for libel and defamation.

A St. Joseph County trial court dismissed the case, but the Indiana Court of Appeals didn't agree with that decision.

"It has nothing to do with who's right and who's wrong. It has nothing to do with the merits of the case or the substance of the case. It was a procedural decision,” said Attorney Dan Pfeifer.

Pfeifer is one of the attorneys representing the officers. He says their claim is that Davis acted outside the scope of his duties as a councilman.

The appellate court’s ruling means Davis can be held individually responsible.

The attorney spoke to one of the officers after the decision was released.

"He's glad that he will have the opportunity to go forward and have a decision made on the substance or merits of the case,” said Pfeifer.

An attorney for Davis says the court of appeals only had the opportunity to review one of his client's defenses. So, Davis looks forward to presenting those defenses when the right time comes.

He says Davis is considering his options with respect to the next stage.

The case now goes back to the St. Joseph County trial court.

Depending on the outcome, Davis could be ordered to pay monetary damages.

The officers say any money received from this will be given to a charity that supports police officers.

http://www.wsbt.com/news/local/appeals- ... t/34535474
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Re: Explosive developments in the federal wiretapping invest

Postby saywatanayo » Thu Aug 13, 2015 6:26 pm

Good grief! Another political decision made in this mess. How can a Federal Court of law rule seven felonies were committed in this and nobody is charged? Rhetorical of course. The felonies committed were not committed by the people ON the phones but hey, they must be the bad guys! SMH
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Re: Explosive developments in the federal wiretapping invest

Postby Happy Mom » Fri Aug 14, 2015 7:56 am

No state charges against Boykins in South Bend wiretap case

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Darryl Boykins
Mike Hartman
Former South Bend police Chief Darryl Boykins took the stand Tuesday in the federal wiretapping case that has pitted South Bend against itself. (SBT File Photo/MIKE HARTMAN)
Posted: Friday, August 14, 2015 5:00 am | Updated: 7:09 am, Fri Aug 14, 2015.
By Erin Blasko South Bend Tribune
SOUTH BEND — A special prosecutor has declined to charge former South Bend Police Chief Darryl Boykins in relation to the police tapes controversy.

In a report issued Wednesday, Stanley Levco, a former Vanderburgh County prosecutor, listed four primary reasons for the decision:
• The fact federal prosecutors reviewed the case in 2012 and declined prosecution
• The questionable nature of the case
• The fact the case is now four years old
• The fact a civil lawsuit has been filed and settled in the matter
“Accordingly, I have concluded based upon the available evidence at this time, and in the best interest of justice, that no criminal charges shall be filed,” Levco wrote in the report.

The case stems from the accidental recording of a South Bend police officer's desk line beginning in 2010. After the error was discovered, the communications director said she continued to record the line at the insistence of then-chief Boykins, in an attempt to uncover evidence of disloyalty.
Wednesday's report does not exonerate Boykins, who was eventually demoted for his role in the controversy.
In reviewing the case, Levco, co-counsel Kathleen Kurowski, and state police Detective Mike Robinson looked at trial testimony, depositions and case decisions, and interviewed several interested parties.
“I deliberately did not listen to the recordings” Levco wrote, “since their content would not determine whether a crime had been committed, and it may tend to prejudice any (charging) decisions.”
The report stems from a complaint filed by Metro Homicide Commander Tim Corbett in April, accusing Boykins and others of violating the state wiretap act in relation to the police tapes.
Corbett was among several officers recorded on the tapes.
The resulting federal investigation led to multiple lawsuits, including one in which Corbett and three other officers shared in a $500,000 settlement from the city of South Bend.
Boykins, for his part, shared in a $75,000 settlement from the city.
A federal judge later ruled that at least some of the tapes were made illegally, in violation of the federal wiretap act, in a decision that is still subject to appeal.
Reached Thursday, Corbett declined to comment on the decision, saying he would release a statement at a later time.
Speaking to The Tribune in April, he said, “A federal judge said seven of the eight tapes were recorded illegally. You can’t spit on the Constitution.”
Boykins could not be reached for comment Thursday.
The tapes remain the subject of an ongoing lawsuit between the city and Common Council, which subpoenaed for their release in 2012.
The city, for its part, has pledged to release as many of the tapes as possible under the law.
http://www.southbendtribune.com/news/pu ... 97248.html
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Re: Explosive developments in the federal wiretapping invest

Postby Happy Mom » Wed Sep 30, 2015 9:16 pm

South Bend wiretap judge denies attorney fees

Gavel121311
Paul Katz
Posted: Wednesday, September 30, 2015 6:00 am | Updated: 6:02 am, Wed Sep 30, 2015.
By Erin Blasko South Bend Tribune

SOUTH BEND — The judge in the wiretap case involving the city and Common Council has denied motions for attorney’s fees in the case, which also involves four local police officers.
In a motion filed in January, the officers requested attorney’s fees from the council.
The council, in turn, asked for just the opposite.
In a ruling Monday, U.S. District Court Judge Joseph Van Bokkelen denied both motions. In so doing, Van Bokkelen noted that both parties prevailed in the case to a certain extent.
In addition, the separate requests should have been directed at the city, “not a fellow co-defendant,” Van Bokkelen wrote.
“What is more, attorney’s fees would be awarded in the council’s favor only in exceptional circumstances to start with,” Van Bokkelen said.
“For example, if the claims were frivolous, unreasonable, or groundless, only then would the council be a real candidate for an award,” he said.
As for the officers, “Presumably attorney’s fees were addressed in their settlement with the city,” Van Bokkelen wrote.
The city settled with the officers — Tim Corbett, Brian Young, David Wells and Steve Richmond — in a related case in 2013.
The current case relates to a subpoena issued by the Common Council in 2012 requesting copies of recordings of a police department telephone line.
The recordings were part of a federal wiretap investigation that led to the demotion of former police Chief Darryl Boykins and to the termination of former communications director Karen DePaepe.
Originally filed in state court, the case transitioned to federal court after the city asked for clarification as to whether the recordings violated the federal Wiretap Act.
DePaepe has claimed in court documents that the recordings capture high-ranking officers directing racist comments toward Boykins and discussing breaking the law.
Boykins, for his part, expressed no knowledge of such comments or conversations in a settlement agreement with the city.
Following a two-day trial, Van Bokkelen ruled in January that recordings of the line made after Feb. 4, 2011, violated the federal Wiretap Act and may not be released.
Van Bokkelen did not rule on the legality of the recordings made on or before Feb. 4, a matter that will be decided in state court.
The parties have until Oct. 15 to appeal Van Bokkelen’s ruling.
eblasko@sbtinfo.com
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@ErinBlasko

http://www.southbendtribune.com/news/pu ... 5d732.html
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Re: Explosive developments in the federal wiretapping invest

Postby st michael jr » Thu Oct 01, 2015 8:02 am

I'm so tired of reading this crap. It has consumed the lives of so many.
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Re: Explosive developments in the federal wiretapping invest

Postby saywatanayo » Thu Oct 01, 2015 9:25 am

Boykins, for his part, expressed no knowledge of such comments or conversations in a settlement agreement with the city.

What a lying pig she is !
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Re: Explosive developments in the federal wiretapping invest

Postby Happy Mom » Wed Oct 14, 2015 6:54 pm

Appeal seeks ban on disclosure of all police tapes

Police officers involved in case

Image
Photo Composite
From left to right Darryl Boykins, Tim Corbett, Dave Wells, Brian Young and Steve Richmond have all settled with the city of South Bend. SBT Photos
ase
Posted: Wednesday, October 14, 2015 12:22 pm | Updated: 3:20 pm, Wed Oct 14, 2015.
ERIN BLASKO South Bend Tribune eblasko@sbtinfo.com

SOUTH BEND — Additional information surfaced Wednesday regarding the appeal filed by four police officers in the South Bend Police wiretap case.
Speaking to The Tribune, Dan Pfeifer, the attorney for the officers, explained the purpose of the appeal is to have all of the recordings at the center of the case declared illegal.

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In a ruling in January, U.S. District Court Judge Joseph Van Bokkeln declared only those recordings made after Feb. 4, 2011, in violation of the federal Wiretap Act.
Van Bokkelen did not rule on the legality of the other recordings except to say that they did not violate the act.
“While some other federal, state, or local laws may prohibit (disclosure of the recordings), that is not within the scope of the city’s declaratory action,” Van Bokkelen wrote at the time.
Pfeifer, with Pfeifer, Morgan and Stesiak, disagrees in part.
“I feel like any recording of that line was in violation of the federal Wiretap Act and … should not be released to anybody or listened to by anybody,” Pfeifer said Wednesday.
The case relates to a subpoena issued by the Common Council in 2012 requesting copies of recordings of a police department telephone line belonging to Capt. Brian Young.
The recordings were part of a federal wiretap investigation that led to the demotion of former police Chief Darryl Boykins and the firing of communications director Karen DePaepe.
According to court documents, DePaepe made some of the recordings on Boykin’s behalf, in order to uncover evidence of disloyalty among the officers, including Young, David Wells, Tim Corbett and Steve Richmond.
Filed in state court, the case ended up in federal court after the city asked for clarification as to whether the recordings violated the federal Wiretap Act.
DePaepe has claimed in court documents that the recordings capture high-ranking officers saying racist things about Boykins and discussing breaking the law.
Boykins expressed no knowledge of such comments or conversations in a settlement agreement with the city.
Contacted Wednesday, council President Tim Scott, D-District 1, referred questions about the case to attorney E. Spencer Walton with May Oberfell Lorber.
Walton said he wasn’t surprised by the appeal.
“We’ll likewise obviously challenge that all of the recordings are legal, consistent with our position at trial,” Walton said.
The council will meet in executive session Monday to discuss the case, according to a meeting notice.
The city declined to comment on the development.
In addition to Van Bokkelen’s final decision in the case, the officers also have appealed two other decisions.
Specifically, the officers want second opinions on motions to quash the council’s subpoena and order the tapes made after Feb. 4 destroyed, and to collect attorney’s fees from the council.
Van Bokkelen denied both motions.
The Seventh Circuit Court of Appeals will consider all three matters, a process that could take many months.
“In the normal course of things I’d probably guess it will be nine months or so before a resolution,” Walton said.
Then the state court case will begin.

http://www.southbendtribune.com/news/ap ... 404e0.html
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