04112018 - News Article - Judge could probe potential conflicts in corruption case against Portage tow operator

Judge could probe potential conflicts in corruption case against Portage tow operator
Post-Tribune
April 11, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-cortina-corruption-conflicts-motion-st-0412-story.html

A federal judge may have to decide if any potential conflicts of interest exist that could affect the case against a tow operator indicted alongside Portage Mayor James Snyder.

Defense attorney Kevin Milner and Assistant U.S. Attorney Jill Koster filed a motion Tuesday asking Judge Joseph Van Bokkelen to set a hearing to decide on whether precautions should be taken since John Cortina, of Kustom Auto Body in Portage, is represented by an attorney who previously worked for witnesses that could testify in the corruption case.

The motion said Milner’s prior representation of potential witnesses could affect Cortina’s right to an attorney free of conflicts, according to court documents, but the defendant could file a waiver with the court.

Milner previously represented several Portage municipal employees and the former owners and employees at Great Lake Peterbilt, according to the motion, and federal prosecutors may call one or more of those people as witnesses during the trial.

“The government has since communicated with Mr. Milner about this issue and Mr. Milner has informed the government that, after reviewing this case completely, he has determined that there is no reason he will need to cross-examine any of his prior clients,” the motion said.

Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.

Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing Internal Revenue Service laws.

Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.

The trial for Snyder and Cortina is tentatively set to start in June, according to court documents.

On Monday, Snyder filed a motion to dismiss the charges against him, saying that the case was compromised after prosecutors were able to view privileged communication between the mayor and his defense attorneys.