Bribery sentencing delayed as former Portage Mayor Snyder argues foul play by feds
NWI Times
Jun 25, 2021
HAMMOND — A two-week delay has been announced in the federal bribery conviction sentencing of former Portage Mayor James Snyder, who is now arguing prosecutors are attempting to use inadmissible and "less than accurate" evidence against him.
U.S. District Judge Matthew Kennelly of the Northern District of Illinois, who was brought in to oversee the local case, granted Snyder's request for additional time to file a more-detailed response of what he claims are "other inaccuracies" in prosecutors' response to his call for an acquittal or at least a third trial, according to court records.
Snyder's defense team was given until May 24 to file a response of no more than 10 pages, the judge said.
Sentencing was delayed from July 1 to July 16 because Kennelly said he will be unavailable due to a jury trial.
Prosecutors filed challenges Sunday to Snyder's attempt to reverse his March conviction on a federal bribery charge, or at least be granted a third trial on the accusations.
Snyder, 43, a Republican, has been found guilty twice of accepting a $13,000 check from Great Lakes Peterbilt in Portage seven years ago to corruptly influence the purchase of $1.125 million in garbage trucks.
He was indicted in late 2016 and was first found guilty in early 2019 of the bribery charge and federal tax violations. He is awaiting sentencing on the tax violations, but the bribery verdict was overturned later in 2019 and the March retrial was held.
Snyder's defense team filed a motion Tuesday seeking more time to submit a detailed response to the prosecution's weekend filing.
"The defense does not believe those briefs accurately describe the events taking place in this matter," the motion says.
The motion claims prosecutors cite an exhibit that was never presented during the March trial.
There was such an exhibit number admitted during the first trial, which was intended to be "attorney-client privileged," the defense claims. Kennelly had ruled the evidence was "inadmissible hearsay" and had repeatedly reminded prosecutors during trial of that ruling, even telling them of "the court's contempt powers."
"Yet after all of that, the prosecution has decided to treat that recording and its contents ... as if it had been admitted, notwithstanding the Court's repeated rulings that it could not be admitted," the motion reads.
Snyder says this example is "additional independent grounds for reversing the verdict" and "is by no means the only instance of the prosecution's post-trial responses depicting events in a less than accurate manner."
Prosecutor's said in their Sunday filing that Snyder failed in his attempt to characterize the $13,000 payment he accepted from Great Lakes Peterbilt as a "gratuity," but probably not a "reward" and in no conceivable way a "bribe."
"The trial evidence would support a finding that, sometime prior to the contracts being awarded, Snyder solicited or demanded or agreed to accept payment later from the Buhas (then-owners of Great Lakes Peterbilt) intending to be influenced in connection with the garbage truck contracts," prosecutors said.
Snyder had argued a month earlier that, "The prosecution presented one theory of culpability at trial: that Mr. Snyder rigged the public bidding process for the award of five automated garbage trucks, and did so in exchange for a bribe of $13,000. The prosecution failed to present sufficient evidence from which a jury could find that theory proven beyond a reasonable doubt."
Snyder opted not to testify on his own behalf during his March trial and declined to answer questions as he left the federal court building following his conviction.
