04112018 - News Article - Hearing on attorney conflict-of-interest requested in Portage public corruption case

Hearing on attorney conflict-of-interest requested in Portage public corruption case
NWI Times
April 11, 2018
http://www.nwitimes.com/news/local/crime-and-courts/hearing-on-attorney-conflict-of-interest-requested-in-portage-public/article_4bf87c57-a031-5f04-9adb-37294ba9afda.html

HAMMOND — Both prosecutors and the defense in one of the federal Portage public corruption cases involving Mayor James Snyder are asking for a hearing to determine whether an attorney has a potential conflict of interest.

John Cortina, owner of Kustom Auto Body, 5409 U.S. 6, Portage, was indicted along with Snyder in November 2016, charged with giving Snyder $12,000 in return for being put on the city's list of towing companies.

In a filing late Tuesday in U.S. District Court here, Cortina's attorney, Kevin Milner, of Crown Point, and the U.S. District Attorney's Office have asked that a hearing be set prior to April 20 to determine potential conflict of interest on Milner's part under the Indiana Rules of Professional Conduct.

The motion requests a hearing by April 20 so not to delay the start of the trial, scheduled for June 4.

According to the motion, Milner also represented individuals who were questioned by the government and are likely to be witnesses in a different federal charge against Snyder involving his allegedly accepting $13,000 in exchange for awarding contracts for garbage trucks. The filing also states that Milner has worked closely with Snyder's defense team.

The motion raises the concern of violating the Indiana Rules of Professional Conduct for attorneys, as well as affecting Cortina's Sixth Amendment right to an attorney free of potential or actual conflict of interest.

Cortina may waive his right to conflict-free counsel, and Milner's prior clients also may provide written waivers, according to the filing.

However, the two sides are requesting a hearing "out of an abundance of caution," so that Milner's previous clients provide the court with the waivers to be entered into the record. Those clients include Portage Assistant Street Superintendent Randy Reeder; Snyder's administrative assistant Amanda Lakie; former owners of Great Lakes Peterbilt Robert and Steven Buha; and GLP employees Brett Searle and Scott McIntyre, and Cortina. It also would  allow those individuals to testify under oath, according to the document.