04232018 - News Article - Portage mayor accuses government of lying, hiding facts in latest filing in his corruption case

Portage mayor accuses government of lying, hiding facts in latest filing in his corruption case
NWI Times
April 23, 2018
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-accuses-government-of-lying-hiding-facts-in-latest/article_ab74fe96-f0bb-5d33-b589-acb8af5e16ea.html
HAMMOND — Portage Mayor James Snyder's defense team is accusing the U.S. attorney's office of lying and keeping secret information necessary for his defense.

In a filing in Snyder's public corruption case on Sunday in U.S. District Court in Hammond, Snyder's lead attorney, Jackie M. Bennett of Indianapolis, argues federal prosecutors have "repeatedly misrepresented material facts" regarding the issue of whether prosecutors have viewed attorney/client privileged emails and whether viewing those emails have prejudiced Snyder.

The issue over Snyder's email and his contentions that his rights have been violated will be decided without a hearing. According to court documents filed Monday, "all parties" agreed during a teleconference Monday that no hearing will be necessary to decide the motion regarding the email.

The response filed Sunday defends Snyder's second motion to compel discovery last week, which contends prosecutors have not provided requested information regarding the email review process.

Bennett contends the process to filter the emails failed and, not only have prosecutors viewed confidential emails, but also have changed their stories several times regarding that process and whether the emails have been viewed.

Snyder claims both his Sixth and Fourth Amendment rights have been violated and seeks either the indictment against him be dismissed or the current prosecution team be disqualified.

"Snyder's attempt to understand the government's privilege filter has been hampered not only by the government's reticence regarding what procedures it had in place to protect Snyder's constitutional rights, but also the government's ever-changing description of the filter process," according to the latest filing.

"These changing representations bear directly upon fundamental matters of whether some agents have viewed or been exposed to every email," the filing continues, adding "the government's story never improves; instead, in each case the emended representation shows or suggests that the problems previously identified by Snyder are worse than originally known."

Snyder, who was indicted in November 2016, is pleading not guilty to bribery charges related to city towing vendor and public works contracts, along with tax evasion charges related to his private business.