Snyder's co-defendant requests delay in trial; hearing scheduled for Tuesday
NWI Times
October 01, 2018
https://www.nwitimes.com/news/local/crime-and-courts/snyder-s-co-defendant-requests-delay-in-trial-hearing-scheduled/article_266543bc-cb8c-5104-bddf-2f5cfbcf189e.html
HAMMOND — With just a week before the start of Portage Mayor's James Snyder's public corruption trial is scheduled to begin, his co-defendant has thrown a wrench into the wheel.
A hearing scheduled Tuesday morning could determine whether or not the trial moves forward as planned.
Late last week John Cortina, owner of Kustom Auto Body of Portage, requested U.S. Federal Court Judge Joseph Van Bokkelen to either continue the trial date or to sever his case from that of Snyder's. Cortina is accused of giving Snyder $12,000 to be placed on the city's towing company list.
According to a filing by his attorney Kevin Milner of Crown Point, Cortina's child is scheduled to undergo open heart surgery on Oct. 16, a week after the trial is scheduled to begin. Efforts to reschedule the surgery were thwarted by insurance issues, according to the filing.
A response by federal prosecutors, indicate they do not favor severing the two trials and favor continuing the joint trial to a later date.
"Snyder and Cortina where engaged in a joint criminal conduct, the illegal payment of funds in exchange for towing rights in the City of Portage. Cortina and Snyder acted in concert to secure towing for a company working with Cortina, Company A. After the payment of $12,000, hand delivered by Cortina to Snyder, Company A was put on the City of Portage tow list," according to the filing by Assistant U.S. Attorney Phil Benson.
"The series of undercover recordings the government intends to play at trial contain not only Cortina discussing this plan, but also Defendant Snyder. The bribery charges against Cortina and Snyder will be proved by substantially the same evidence and with the same witnesses. The interests of convenience, economy, and efficient administration of justice dictate that Snyder and Cortina, joined in same indictment, be tried together," Benson argued in the response as to why the two should be tried together.
"Snyder is eager and ready to go to trial on October 9, 2018," according to Snyder's attorney, Jackie M. Bennett of Indianapolis in a formal response to Cortina's motion. Bennett writes that severing the two cases would be "a total solution."
"Snyder vehemently objects to a request to continue his trial, pending now for nearly two years, beyond the October date currently sent. This case has been pending for too long already. He is eager to go to trial now to clear his name," writes Bennett.
Snyder was indicted for two counts of bribery and one of tax evasion in November 2016. The trial was initially scheduled to begin in January 2017, but several continuances have been granted.
In the response, Bennett agrees that Snyder moved for continuances, but blamed prosecutors and "the government's voluntary choice to slowly trickle discovery productions."
"Enough is enough. Snyder's trial should proceed," according to Bennett.
Bennett also alleged in the filing that prosecutors agree to the continuance because they are not ready to move forward.
During a final pre-trial conference held last month, attorneys for Snyder, Cortina and the government all agreed to move forward with the trial beginning Oct. 9.
Van Bokkelen will hold a telephonic hearing at 11:30 a.m. Tuesday on the matter.
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