03302018 - News Article - Prosecution in Portage Mayor James Snyder's corruption case says disputed emails contain no privileged information

Prosecution in Portage Mayor James Snyder's corruption case says disputed emails contain no privileged information
NWI Times
March 30, 2018 - 1:00pm
http://www.nwitimes.com/news/local/crime-and-courts/prosecution-in-portage-mayor-james-snyder-s-corruption-case-says/article_fd0b893a-6233-5e4d-927d-b34ab4dc2474.html

HAMMOND — Federal prosecutors in the public corruption case against Portage Mayor James Snyder laid out their side in the dispute over 23 emails in a brief filed in federal court Friday.

In the government's response to Snyder's contention that federal prosecutors unfairly accessed 23 emails that should be considered attorney-client privilege, prosecutors ask the court to deny Snyder's request that the prosecution team be disqualified or the indictment be dismissed, saying the emails in question are not confidential and "do not reflect the solicitation or offering of legal advise."

Snyder, who was indicted in November 2016, 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. His trial is set for June 4.

At the center of some of the dispute is a batch of emails shared with city employees and Snyder's then counsel Thomas Kirsch II. Snyder hired Kirsch in 2014. The federal 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.

Many of those emails deal with Snyder allegedly soliciting $13,000 from Great Lakes Peterbilt days after the company received contracts worth over $1.125 million. Some are in regards to others and their questioning by FBI investigators during the investigation.

"Defendant has failed to establish that the 23 emails now in dispute are deserving of protection," reads the filing, adding even if the court disagrees, Snyder "did not suffer any actual prejudice as a result of their viewing by some members of the prosecution team."

The defense has until April 9 to file its own brief in the matter.