Judge hears arguments on dismissing corruption case against Portage mayor
Chicago Tribune
May 10, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-hearings-corruption-case-st-0511-story.html
A federal judge Thursday held a closed door hearing on whether emails viewed by prosecutors jeopardized the corruption case against Portage Mayor James Snyder.
The hours-long closed hearing gave Judge Joseph Van Bokkelen time to review series of email communications between Snyder and his attorneys that were used by federal investigators. Whether the emails contained privileged information, Van Bokkelen would need to rule on a request to either dismiss the corruption charges against the mayor or disqualify the U.S. Attorney’s Office’s trial team.
In April, Snyder’s attorneys filed a motion to dismiss the corruption case saying the emails reviewed by prosecutors violated the mayor’s constitutional rights.
The email issue was barely discussed Thursday before the judge decided to seal the court.
Defense attorney Jackie Bennett Jr. said because the matters discussed would include privileged attorney-client communication, allowing the public and press to remain in the courtroom could prejudice the case against Snyder. Bennett said an open hearing would prohibit the defense from talking about the substance of the questioned emails.
Assistant U.S. Attorney Philip Benson said he’d agree with closing the court, but said prosecutors still maintain that the emails up for discussion do not contain privileged communication.
“We respect their request,” Benson said.
Van Bokkelen said closing a court is a “very serious decision” and that some emails are already out in public.
“This is not a preferred procedure,” Van Bokkelen said.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan and Thomas Kirsch II, who was then the mayor’s defense attorney before being appointed as U.S. Attorney for the Northern District of Indiana, were seized in 2015, according to court documents.
Kirsch has recused himself from Snyder’s case, according to court documents, and U.S. Attorney for the Northern District of Illinois would oversee and manage local prosecutors handling the case.
Snyder and John Cortina, of Kustom Auto Body in Portage, 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 laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
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