05302018 - News Article - U.S. Attorney Kirsch testifies behind closed doors during Portage mayor's hearing in public corruption trial

U.S. Attorney Kirsch testifies behind closed doors during Portage mayor's hearing in public corruption trial
NWI Times
May 30, 2018
http://www.nwitimes.com/news/local/crime-and-courts/u-s-attorney-kirsch-testifies-behind-closed-doors-during-portage/article_c9bab462-c41d-5f7c-8c4c-1d5441474623.html

HAMMOND — U.S. Attorney Thomas Kirsch II testified behind closed doors Wednesday during a hearing in the public corruption trial of Portage Mayor James Snyder.

The hearing is the fourth since March to determine whether Snyder's Sixth Amendment rights to a fair trial have been violated. Snyder, who did not attend Wednesday's hearing, contends federal prosecutors unfairly saw emails and work product that should have been considered attorney/client privilege. He is asking the court to either dismiss the indictment or disqualify the prosecuting team.

Snyder hired Kirsch in 2014. The government last year named Kirsch as U.S. attorney for Northern Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.

The emails in question were between Snyder and Kirsch and were seized via a search warrant in 2015.

Snyder's defense team contends the federal "taint team" failed in its job to review emails, separating out those that could be considered attorney/client privilege. 

At a hearing May 24, FBI agent Eric Field explained the three-step process in which first a computer, then a two-member FBI team and finally an assistant U.S. attorney not associated with the investigation reviewed the emails and the steps taken to make sure federal prosecutors did not see any potential privileged emails.

Snyder's team, led by Indianapolis attorney Jackie M. Bennett, claims the process failed.

U.S. District Court Judge Joseph Van Bokkelen cleared the courtroom Wednesday morning, saying Kirsch would be testifying "en camera," meaning any government attorney on the trial team would also be asked to leave the courtroom. Assistant U.S. Attorney Jill Koster was not present. The prosecution's team was led by Timothy Chapman from the U.S. attorney's office of the Northern District of Illinois in Chicago.

Van Bokkelen also said, before closing the courtroom doors, that he "feels badly" because of a decision he made and that "my first reaction was not the best reaction." He continued to say his second reaction would be the right one. He did not explain his comments further.

"I have not been through a hearing quite like this one," Van Bokkelen said.

Shortly after the courtroom was closed, Kirsch entered and remained inside for about an hour before leaving. About an hour later, he returned, entered the courtroom and stayed for about another hour. The court was adjourned shortly after Kirsch left the second time.

A set of deadlines was set for the filing of briefs. The deadline for Snyder's defense team to file a compilation brief is June 29, with the government's response due by July 27. Snyder's team was then given a deadline of Aug. 13 to file a response to that brief.

Snyder was indicted in November 2016 on three counts, including bribery and tax evasion. He has pleaded not guilty. His trial is set for Oct. 9.