06252018 - News Article - Feds offer latest volley in battle over Mayor Snyder's emails

Feds offer latest volley in battle over Mayor Snyder's emails
NWI Times
June 25, 2018
https://www.nwitimes.com/news/local/crime-and-courts/feds-offer-latest-volley-in-battle-over-mayor-snyder-s/article_b56478a1-d02a-5f38-8a21-c8545e9fef38.html

The U.S. attorney's office in Hammond has filed the latest in a flurry of legal briefs in U.S. District Court over whether any of indicted Portage Mayor James Snyder's subpoenaed emails improperly influenced the legal case against him.

"The Court can and should assume that Defendant has chosen to cast aspersions on the investigation into his criminal conduct instead of addressing the legal issues raised by his motion because he knows the latter lack merit," the U.S. attorney's office brief filed Friday said.

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

Snyder was represented by Thomas L. Kirsch II before the latter was named U.S. attorney for northern Indiana. Snyder's current counsel, Jackie M. Bennett of Indianapolis, contends the "taint team" set up by federal investigators to make sure email shared with prosecutors doesn't violate attorney-client privilege, failed to protect Snyder.

The federal prosecutors' brief filed Friday explained the three-step process to protect Snyder's rights. FBI Supervisory Special Agent Eric Field, who interviewed all potential witnesses, didn't have access to the quarantined files identified in the first round of review, and only two FBI employees had access to the winnowed messages. Field told them to be "overly cautious" during their review, prosecutors said.

"The government admits that its filter review was not perfectly executed; copies of a handful of the same or similar emails were inconsistently tagged," but none of the six emails contained legal advice or "anything remotely approaching trial strategy," prosecutors said.

Snyder's defense took issue with 38 emails shared with prosecutors.

"Simply put, there is no 'there' there; nothing in or about the 38 contested emails provided insight into Defendant's defense," prosecutors said.

Snyder's defense has sought the disqualification of the prosecution team or dismissal of the case against him. Prosecutors contend the contested emails don't contain any information that would prejudice the case against him.

Snyder declined the opportunity to speak publicly Monday about this latest brief.