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Police recording won't be released pending appeals process

ABC57 submitted a public records request for the single audio recording a federal court judge ruled was recorded at the South Bend Police Department in 2011 in accordance with the Wiretap Act. The city says the tape won't be released because the parties involved have 30 days to appeal.

Last week, a federal judge ruled that seven of the eight recordings were made in violation of the Wiretap Act and therefore the contents cannot be released.

The only tape that can be released was made on February 4, 2011, the day it was discovered that Officer Brian Young's phone line was accidentally being recorded.

Assistant City Attorney Paul E. Singleton rejected ABC57's request for copies of the February 4 recording.

In his response, Singleton wrote, "Under the Federal Rules of Civil Procedure, the Common Council and the police officers have the right to appeal the court's decision. The City will not release any recordings until the appellate process (if any) has concluded."

The city of South Bend spokeswoman Kara Kelly says the release of any recordings is on hold because the parties have 30 days to appeal.

“(The) city intends to release as much of the material from the recordings as possible," Kelly said.

She added it is unclear whether an appeal will be filed.

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