Portage mayor James Snyder's defense lawyer continues to hammer federal prosecutors' email handling
NWI Times
March 23, 2018
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-jame-snyder-s-defense-lawyer-continues-to-hammer/article_182e98d1-e257-55c4-9ea0-0f2d0a917e75.html
HAMMOND — Federal prosecutors and Portage Mayor James Snyder's defense attorney continued to skirmish in pre-trial motions over emails the FBI seized from Portage City Hall computers.
Indianapolis attorney Jackie M. Bennett Jr. asked the court this week to make the government turn over all remaining evidence it intends to use against the mayor in a public corruption trial now scheduled to begin the week of June 4.
He said it is likely the government could be holding more private discussions of Snyder's defense strategy — in violation of the attorney-client privilege — during a bulk collection of electronic communications between Snyder and his former defense lawyer, Thomas Kirsch II.
Snyder hired Kirsch in 2014. The government last year named Kirsch as U.S. Attorney for Northern Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. Attorney's office in Chicago.
Assistant U.S. Attorney Jill Koster replied this week that the government has turned over all emails seized by the FBI, including 300 that were truly privileged and never reviewed by the federal prosecution team.
She said last week experienced government lawyers filtered out privileged emails. Bennett argues that process failed to quarantine 23 emails the government shouldn't have seen. Koster said those 23 weren't truly privileged.
The judge said he didn't see a "smoking gun" in the emails the defense is complaining about but expects both sides to make their final arguments on the email issue by early next week.
Snyder is pleading not guilty to bribery charges related to city towing vendor and public works contracts, and tax evasion charges related to his private business.
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