11232018 - News Article - Prosecutors in Portage corruption case claim delay in materials doesn't prejudice case

Prosecutors in Portage corruption case claim delay in materials doesn't prejudice case
NWI Times
November 23, 2018
https://www.nwitimes.com/news/local/porter/prosecutors-in-portage-corruption-case-claim-delay-in-materials-doesn/article_a4a726bb-3408-5ad9-ac3e-59065f800f7e.html

HAMMOND — In the 183rd document filed in the public corruption case against Portage Mayor James Snyder, prosecutors contend neither a recording produced late nor a missed deadline in filing a summary of evidence recently will harm the case.

Assistant U.S. Attorneys Philip Benson and Jill Koster filed a response late Wednesday in answer to two motions filed by Snyder's attorney, Jackie M. Bennett Jr., of Indianapolis, earlier this month.

On Nov. 8, Bennett filed a motion asking the court to exclude any information involving any materials federal prosecutors produced on Oct. 16, contending prosecutors have been continually late in handing over discovery in the trial slated to start Jan. 14.

On Nov. 17, Bennett filed a motion to exclude any out-of-court recordings involving Snyder's co-defendant John Cortina because the government was late in filing a summary of evidence due Nov. 16.

Snyder, indicted in November 2016, is facing two charges of bribery and one charge of tax evasion. Cortina is charged with one court of providing a bribe.

In Wednesday's filing, prosecutors wrote they have collected "over 120,000 pages/items of evidence in this complex case." One was a May 2014 recording, which, they write, was delayed because of the mid-prosecution recusal of most of their staff and a turnover of FBI agents in this case.

"Contrary to defendant's baseless and conclusory assertions, the government has not at any time purposefully held back Rule 16 from its discovery productions," states the prosecutors' response.

Prosecutors admitted they were delayed in filing the summary of evidence by 48 hours, over a weekend, but stated it was best to turn in a completed document rather than ask for an extension.

Prosecutors claim neither of the issues prejudice Snyder's case.