04262018 - News Article - Hearing set on Portage mayor's claims his rights were violated during federal corruption probe

Hearing set on Portage mayor's claims his rights were violated during federal corruption probe
NWI Times
April 26, 2018
http://www.nwitimes.com/news/local/crime-and-courts/hearing-set-on-portage-mayor-s-claims-his-rights-were/article_95ace816-1f6b-53c6-a753-1aadadf4a276.html

HAMMOND — A hearing to determine whether indicted Portage Mayor James Snyder's rights have been violated will be held May 10.

U.S. District Court Judge Joseph Van Bokkelen set the in-person hearing for 10:30 a.m. in his courtroom.

In a motion filed by Snyder's defense team on Feb. 28, they claimed that federal investigators and prosecutors unfairly reviewed emails that should be considered attorney/client privilege. 

The motion claims those emails contained several confidential communications between Snyder and his former defense attorney Thomas Kirsch II, now U.S. attorney for the Northern District of Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.

A practice known as a "taint team," made up of prosecutors and law enforcement agents, was put in place to screen the communications to protect Snyder's rights and determine which of the documents should not be viewed by the prosecution.

Snyder contends the process failed and the failure to keep the alleged attorney/client privilege emails out of view of investigators and prosecutors violated his Sixth Amendment rights to a fair trial.

Van Bokkelen held a hearing on the issue March 15. The judge said he didn't see a "smoking gun" in the emails the defense is complaining about, but he is too unfamiliar with the 4-year-old investigation to determine what information is and isn't important. He directed both sides to file additional briefs to prove their case.

The filing of those briefs led to additional claims by Snyder's defense attorney, Jackie M. Bennett, of Indianapolis, that prosecutors had not been forthcoming in providing information on the email review process. Bennett filed a motion requesting the courts to compel the prosecution to provide that information. The court has not yet ruled on that motion.

Snyder was indicted in November 2016 on counts of bribery and tax evasion. His trial has been set for June 4.