05032018 - News Article - Portage Mayor Snyder co-defendant, potential government witnesses waive possible attorney conflicts

Portage Mayor Snyder co-defendant, potential government witnesses waive possible attorney conflicts
NWI Times
May 03, 2018
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-snyder-co-defendant-potential-government-witnesses-waive-possible/article_85156f65-c643-506c-971a-1e22ab645fea.html

HAMMOND — Portage Mayor James Snyder's co-defendant John Cortina waived any concerns his attorney may have regarding conflicts of interest heading into his and Snyder's public corruption trial next month.

During a hearing Thursday in front of U.S. District Court Magistrate Judge John E. Martin, Cortina was questioned along with six potential government witnesses regarding their understanding of conflict of interest issues related to Cortina's attorney Kevin Milner.

Cortina was indicted along with Snyder in November 2016. He was charged with one count of bribery, alleging he gave Snyder $12,000 to be put on the city's tow list. They are both set to stand trial June 4. Snyder has also been charged with a second count of bribery and a count of tax evasion regarding his private mortgage business.

Martin explained to Cortina that Milner will not be able to cross examine the six potential government witnesses because they previously were clients of Milner's. Milner also is not allowed to use information he may have gained about those witnesses when he represented them.

The six were Randy Reeder, assistant street superintendent; Amanda Lakie, Snyder's administrative assistant; Steve and Robert Buha, former owners of Great Lakes Peterbilt; and Brett Searle and Scott McIntyre, employees of that company. 

The second bribery count against Snyder alleges he solicited $13,000 from the trucking company in return for city contracts.

"You have a right to a conflict-free trial," Martin told Cortina, adding maintaining Milner as his attorney would mean that neither Cortina nor Milner could ask the witnesses questions during the trial.

"You have no voice to ask questions," Martin said. "I cannot determine if that will be significant or not. If it is, you can't use it on appeal. You are giving up your right to a conflict-free counsel regarding those six witnesses."

Cortina told the judge he wanted to continue with Milner as his attorney.

The judge also asked questions of the six potential witnesses, telling them another defense attorney from Snyder's legal team would have to cross examine them if called as witnesses by the government. He also said they would have to hire different attorneys if they sought legal counsel. None had any objections. McIntyre joined the hearing by telephone, something, Martin said, was unusual, but allowed in this case because of McIntyre's work obligations.