Porter County Prosecutor Gary Germann acknowledged he made a mistake by not initially calling in a special prosecutor to examine the misuse of the Flock camera system by a sheriff’s deputy. The deputy used the License Plate Reader System improperly on three occasions. Germann initially decided not to pursue criminal charges, but now believes an external review is appropriate.
Germann stated, “While we agree the deputy’s actions were improper, whether these actions constitute a crime should be decided by another prosecutor.” Increased scrutiny over the Flock License Plate Reader system due to privacy concerns supports this decision. Chesterton Police Chief Tim Richardson confirmed an officer was suspended and resigned over system misuse, and an investigation is ongoing.
Portage Mayor Austin Bonta announced on Facebook that the city’s contract with Flock expires at the end of the year. A meeting scheduled for Sept. 14 will detail the camera system’s usage by police.
Law enforcement leaders, including Germann, Richardson, and Porter County Sheriff Jeff Balon, stress that License Plate Readers are valuable when used appropriately. They emphasize these tools should not serve private purposes. Balon supports Germann’s decision to request a special prosecutor, stating, “We will hold Officers accountable for their misuse.” He committed to providing information requested by the special prosecutor, staying within legal boundaries.
Jacob Taulman, the Jasper County prosecutor, is appointed as the special prosecutor by Porter Superior Court Judge Rebecca Buitendorp. This decision aims to assure the public that Germann’s initial choice not to prosecute wasn’t influenced by relations with the Sheriff’s Department.
Germann admitted his error in not seeking a special prosecutor earlier, stating, “It was a mistake not to appoint one immediately.” He apologized for only considering this after community displeasure was noted.
Balon reported that the offending officer misused the Flock system to search a specific license plate, resulting in several disciplinary actions, including demotion and suspension. Germann previously declared: “The officer’s minor violation was still a mistake but did not rise to criminal conduct.” The officer logged into the system unauthorized multiple times.
The misstep contrasts sharply with a Jackson County case where a former deputy conducted over 2,000 improper searches. This misuse led to an investigation after a citizen complained about an unauthorized license plate check that did not align with department policy.
Although internal affairs investigations are typically confidential, Balon commented due to the national focus on License Plate Reader issues. He shared details of fortified policies, requiring case numbers and justifications for searches, and utilizing Flock’s Audit system, powered by Artificial Intelligence, to flag concerning searches for review.
Balon assured that these measures enhance oversight and accountability, improving guidelines for the Flock system’s future use.