Wednesday, May 9, 2018

05092018 - News Article - Judge in James Snyder's public corruption case will decide on necessity of witnesses at Thursday hearing



Judge in James Snyder's public corruption case will decide on necessity of witnesses at Thursday hearing
NWI Times
May 09, 2018
http://www.nwitimes.com/news/local/crime-and-courts/judge-in-james-snyder-s-public-corruption-case-will-decide/article_4921acb4-386f-5387-b78c-9bf568325ee9.html

HAMMOND — Whether Portage Mayor James Snyder is allowed to call witnesses at his hearing Thursday will be decided at the hearing.

In an order issued Wednesday by U.S. District Court Judge Joseph S. Van Bokkelen, Van Bokkelen writes that the court will hold an oral argument regarding disputed emails, giving Snyder a chance to explain why "a violation warranting sanctions against the government occurred." Prosecutors will also have a chance to respond.

It is only then that Van Bokkelen will allow argument by both sides and decide if an evidentiary hearing will be held regarding Snyder's allegations that federal prosecutors unfairly saw emails that should be considered privileged. If the judge decides to hold an evidentiary hearing, witnesses may be called, according to the order.

At issue is whether prosecutors read emails that could be considered privileged, include work product between Snyder and his former attorney Thomas Kirsch II, now U.S. District Attorney. Snyder contends they were read and his Sixth Amendment rights to a fair trial were violated. He is asking the indictment be dismissed or the prosecution team be disqualified.

Prosecutors on Tuesday asked for clarification from the court on whether or not up to a dozen witnesses could be called by Snyder's defense attorney Jackie M. Bennett Jr., of Indianapolis. The witnesses include Kirsch, along with FBI and IRS agents. Prosecutors contend it is unnecessary to call the witnesses and accused Snyder's defense of embarking on a "fishing expedition."

The hearing will be held at 10:30 a.m. Thursday in the federal courthouse in Hammond.

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