04302018 - News Article - Prosecutors, defense continue to argue over documents and information in Portage mayor's corruption case

Prosecutors, defense continue to argue over documents and information in Portage mayor's corruption case
NWI Times
April 30, 2018
http://www.nwitimes.com/news/local/crime-and-courts/prosecutors-defense-continue-to-argue-over-documents-and-information-in/article_0e4a2b3f-3f6e-5874-809b-ca3d08f98ec3.html

HAMMOND — Prosecutors and defense in Portage Mayor James Snyder's public corruption case continue to battle over the release of information by federal investigators.

At issue is Snyder's motion to compel federal prosecutors to turn over additional discovery regarding the procedures used to cull through hundreds of emails to determine which, if any, qualified for attorney-client privilege.

Snyder's defense team filed an initial motion to compel on March 20. A second motion to compel was filed April 16.

While Snyder's team contends the information requested is necessary to defend their position that federal investigators and prosecutors saw and used emails that should have been considered attorney/client privilege, the U.S. attorney's office is claiming that Snyder is not entitled to that information for a variety of reasons.

During a phone conference on April 23, both sides agreed that sufficient information had been presented to the court via the filing of multiple briefs by both sides to make a decision and that a hearing on Snyder's motions to compel was not necessary for the judge to rule.

However, the U.S. attorney's office filed another reply in opposition to Snyder's arguments on Friday. That reply continues to contend that the prosecution does not have to turn over the requested information or documents because they aren't relevant to Snyder's case.

Snyder's attorney, Jackie M. Bennett Jr., of Indianapolis, on Monday filed yet another argument on the issue, saying prosecutors are wrong on the issue and that filing yet another brief after an agreement had been made not to hold a hearing is not an "appropriate procedural tactic."

No date has been set as to when U.S. District Court Judge Joseph Van Bokklen may rule on the issue. Snyder has asked that the prosecution turn over the information by Thursday in anticipation of a May 10 hearing in the case. The May 10 hearing will hear evidence as to whether Snyder's Sixth Amendment rights to a fair trial were violated by prosecutors, who Snyder contends unfairly reviewed privileged communications between himself and his former attorney Thomas Kirsch II, now U.S. attorney for the Northern District of Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.

Snyder has asked that his indictment be dismissed or that the current prosecuting team be disqualified.

Snyder was indicted in November 2016 on counts of bribery and tax evasion. His trial has been set for June 4.