05242018 - News Article - FBI agent testifies about emails in hearing on Mayor Snyder's public corruption case

FBI agent testifies about emails in hearing on Mayor Snyder's public corruption case
NWI Times
May 24, 2018
http://www.nwitimes.com/news/local/crime-and-courts/fbi-agent-testifies-about-emails-in-hearing-on-mayor-snyder/article_98a16192-9b0b-5875-ada9-3b3b2750985b.html

HAMMOND — FBI Special Agent Eric Field spent most of Thursday morning testifying about the taint team that reviewed more than 109,000 emails in the Portage Mayor James Snyder public corruption investigation to determine which emails might be covered by attorney-client privilege.

Snyder was indicted in November 2016 on charges of felony bribery, extortion and tax dodging counts, which carry long prison terms if he is convicted. He has pleaded not guilty.

Field explained the three-step process, which included using search terms to determine an initial base of potentially privileged emails, an additional step which involved the review by other FBI agents and an assistant district attorney not involved in the investigation.

Jesse Rodgers, a litigation technology specialist for the U.S. district attorney’s office, testified on the protection involved to prevent the prosecution team from accessing potentially privileged emails.

He explained the use of encryptions and the firewall used to prevent the access of the prosecution team of any potentially privileged information.

Field told the court that he told the FBI agents involved in viewing the emails with the potentially privileged information to be “overly cautious in their review.”

Field said the investigation into Snyder's  was opened in September 2013 and that the emails in question were obtained through search warrents issued in September 2015 and came from Snyder’s and two other city employees’ city email accounts and Snyder’s and another employee’s personal email accounts.

The initial hearing on Snyder's emails and whether federal prosecutors violated his Sixth Amendment Rights was held May 10.

Six hours of closed-door testimony and arguments were held in U.S. District Court before federal Judge Joseph Van Bokkelen.

At issue is the contention that federal prosecutors may have violated Snyder's rights to a fair trial by having read emails and work product that were considered attorney/client privilege. If they had viewed the emails, which included the discussion of legal strategy, Snyder's defense believes his case has been prejudiced.

Snyder has asked that the three-count indictment against him be dropped, or that the current prosecution team be dismissed.

The trial on bribery and tax evasion charges is currently set to go before a jury on Oct. 9.

The hearing will continue later this afternoon.