Officers want all tapes recorded at SBPD deemed illegal
The four officers who sued the city of South Bend for recording phone conversations at the South Bend Police Department want all of the recordings in the case deemed illegal.
The latest appeal on behalf of the four officers looks to throw out a U.S. district court judge's distinction of what was recorded legally and what wasn't.
But a potential push back from the defendants could call for the release of all tapes at the center of this scandal.
Judge Van Bokkelen's January ruling declared there was a violation of the federal wiretap act.
However the judge ruled that only tapes recorded after February 4, 2011 were illegal.
In 2012, the Common Council subpoenaed the city for copies of the recording taped before that date.
A request that has been held up by the city due to this case.
The officers involved are now seeking an appeal that would deem all recordings illegal.
The common council's lawyer says he expected this appeal to be filed.
He says he set a meeting with his clients and anticipates filing a cross appeal that would challenge the January ruling as well and make all the tapes legal.