02042019 - News Article - UPDATE: Secret tapes will show pay-for-tow scheme included work on personal vehicles, prosecutors say

UPDATE: Secret tapes will show pay-for-tow scheme included work on personal vehicles, prosecutors say
NWI Times
February 04, 2019
https://www.nwitimes.com/news/local/crime-and-courts/update-secret-tapes-will-show-pay-for-tow-scheme-included/article_b4ad8c37-9b93-5725-b79c-51d46b93ebb4.html

HAMMOND — Prosecutors said Monday if you want to tow cars in Portage, you have to take care of officials.

Assistant U.S. Attorney Philip Benson said it is the theory of the government's case in the bribery charge against Portage Mayor James Snyder.

"If you are going to tow in Portage, you better take care of who makes the decisions," Benson told the court, out of the jury's ear shot as the two sides wrangled over what secretly-recorded audio tapes will be next admitted in court.

Benson said audio tapes will show that John Cortina also did work on Portage officials' personal vehicles.

The debate followed a morning of cross-examination of an FBI agent where one of Snyder's defense attorneys suggested Snyder was "set up" by the FBI in the alleged pay-for-tow scheme in the Region.

Jayna Cacioppo cross-examined FBI special agent Nathan Holbrook Monday morning as the 11th day of Snyder's public corruption trial in federal court began.

Holbrook was Scott Jurgensen's handler as Jurgensen, owner of Samson Towing, worked undercover for the FBI to expose pay-for-tow incidents. Jurgensen, who testified last week, worked for the FBI since 2012 as a confidential informant.

"Is it typical (of the FBI) to set up an elected official with what they think is a donation?" Cacioppo asked Holbrook early in the cross-examination.

"No," Holbrook replied, explaining the FBI investigates to determine whether an official would be willing to accept a bribe.

"We are not trying to set anybody up or push any issues," Holbrook said.

Snyder is charged with accepting a $12,000 bribe from former co-defendant Cortina to get on the city's tow list. Jurgensen partnered with Cortina in the effort and wore a wire, secretly recording dozens of conversations. Snyder is also charged with a second count of bribery and one count of tax obstruction.

Cortina, who may or may not testify during Snyder's trial, pleaded guilty last month to offering Snyder the bribe.

Snyder has said the $12,000 at issue included a $2,000 donation to his political campaign, and a $10,000 loan from Cortina.

Following the cross-examination of Holbrook, another FBI handler, retired agent Donald Cooley, who worked with both Jurgensen and Snyder's brother Jon Snyder during the investigation, took the stand.

His testimony, however, was delayed as defense and government attorneys attempted to come to an agreement on which undercover tapes, recorded between September 2016 and November 2016, would be admitted and played for the jury when court resumes Wednesday.

At issue were tapes in which conversations included how Snyder had planned to pay his attorneys. While not charged in the incident, Snyder attempted in September 2016, to divert $93,000 from the city's Utility Services Board to pay attorney fees.

U.S. District Court Judge Joseph Van Bokkelen ruled introducing any of that evidence was out, but agreed with the government on the admission of other audio tapes.