05072018 - News Article - Judge rules against Portage mayor in motion to compel discovery

Judge rules against Portage mayor in motion to compel discovery
NWI Times
May 07, 2018
http://www.nwitimes.com/news/local/crime-and-courts/judge-rules-against-portage-mayor-in-motion-to-compel-discovery/article_2a84f98f-cd99-5d58-a4f4-1a0efc14049b.html

HAMMOND — A federal magistrate has ruled against indicted Portage Mayor James Snyder's request for additional information ahead of a Thursday hearing that could determine whether or not Snyder's rights were violated.

According to documents filed in U.S. District Court on Monday, Magistrate Judge John E. Martin wrote that Snyder's request for additional information regarding whether or not prosecutors had access to privileged emails was not relevant.

"None of the information being sought by defendant in the instant motion appears relevant to that question, and, as described above, he has not specifically described how any of the materials he seeks would prove his case," Martin wrote. "It may be that Judge (Joseph) Van Bokkelen will determine that he needs more information to reach a decision about the constitutional question raised by defendant, and, if so, will order specific discovery at that time, but defendant has not explained in these briefs exactly what discovery he is still seeking from the government or how those materials both fall within the scope of discoverable material and support his claim of constitutional violation."

In late February, Snyder's defense attorney Jackie M. Bennett Jr., of Indianapolis, filed a motion seeking to disqualify prosecutors in the case or dismiss the indictment entirely, contending privileged emails had been read by prosecutors and that had violated attorney-client privilege, a violation of Snyder's Sixth Amendment rights to a fair trial.

While an initial motion to provide discovery was granted, Bennett filed the second motion to compel last month.

In the filing Monday, Martin wrote: "Indeed, none of Defendant’s briefs actually describe what specific documents he is requesting or make any arguments about how particular documents are material to his defense."

A hearing is set for 10:30 a.m. Thursday in Van Bokkelen's courtroom to determine whether or not the federal privilege review process failed and if Snyder's rights have been violated.

Snyder's public corruption trial is set for June 4.