03282019 - News Article - UPDATE: Judge in former mayor's public corruption case grants extra time despite objections






UPDATE: Judge in former mayor's public corruption case grants extra time despite objections
NWI Times
March 28, 2019
https://www.nwitimes.com/news/local/crime-and-courts/update-judge-in-former-mayor-s-public-corruption-case-grants/article_8aabbcba-3597-5d8e-bfad-f353f350c163.html


HAMMOND — Prosecutors in former Portage Mayor James Snyder's public corruption case will get an additional two weeks to file a brief defending his verdict despite objections from Snyder.

Assistant U.S. attorneys prosecuting Snyder, who was convicted Feb. 14 on one count of bribery and one count of tax obstruction, had until March 29 to file their response to Snyder's s for acquittal or allow a second trial.

Late Wednesday, prosecutors asked for an extension. U.S. District Court Judge Joseph Van Bokkelen granted the extension Thursday afternoon.

Snyder, in a response to the request, objected, saying federal prosecutors are continuing to drag their feet in his case.

"Mr. Snyder hangs in limbo as a consequence of what we believe to be an unjust verdict," Jackie Bennett, Snyder's attorney, wrote in the document.

Prosecutors don't say in their motion why they wanted the extension. Snyder is scheduled to be sentenced May 24.

Snyder's team filed a motion to acquit on Feb. 8, a week before the jury found him guilty on two of three charges following 19 days of testimony. On Feb. 28 the defense team filed a motion for a new trial and a supplement to the motion to acquit.

Snyder contends the jury's verdict should be set aside or, at the very least, a new trial should be granted for several reasons including insufficient evidence being presented and an accusation of prosecutorial misconduct by threatening witnesses, which led to them taking the Fifth Amendment and no testifying on Snyder's behalf.

The most recent document filed by Bennett contends Snyder's team filed his post-trial motions two weeks early to give prosecutors additional time. In addition, the defense states "government counsel has been chronically unable to meet the court-ordered deadlines."

"If the Court grants the Rule 29 motion, Mr. Snyder can walk as a free man without the stigma of an adverse jury verdict or looming conviction hanging over his head. The government’s request to keep Mr. Snyder hanging in limbo for an additional two weeks, not to mention the amount of time it takes us to potentially file a reply, should be denied," Snyder's request reads.

03282019 - News Article - Defense for convicted ex-Portage mayor objects as judge gives prosecutors more time on question of acquittal or new trial






Defense for convicted ex-Portage mayor objects as judge gives prosecutors more time on question of acquittal or new trial
Chicago Tribune
March 28, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-response-extension-st-0329-story.html


A bid by a convicted former mayor to deny a two-week delay prosecutors sought to respond to a request for a new trial or to throw out two guilty verdicts was turned back by a federal judge Thursday.

James Snyder’s defense attorneys on Wednesday told Judge Joseph Van Bokkelen that he should deny a request to delay a filing deadline, saying it’s another example of prosecutors being “chronically unable to meet the court-ordered deadlines” and leaves the former mayor “in limbo.”

On Thursday, Van Bokkelen gave prosecutors the two-week extension they sought.

Defense attorney Jackie Bennett Jr. said he thinks the pending motions have merit and if they are granted, “Mr. Snyder can walk as a free man without the stigma of an adverse jury verdict or looming conviction hanging over his head.”

“The government’s request to keep Mr. Snyder hanging in limbo for an additional two weeks, not to mention the amount of time it takes us to potentially file a reply, should be denied,” Bennett said, in court documents.

Assistant U.S. Attorney Jill Koster asked for an additional two weeks on Wednesday to file a response to Snyder’s motion for acquittal and for a new trial. Koster’s filing did not specify a reason for the two-week extension.

In February, a federal jury convicted Snyder of bribery and obstructing the IRS, bringing an end to his 19-day trial. Snyder was convicted of taking a $13,000 bribe in exchange for contracts to sell five garbage trucks to the city, and using a shell company to hide income and assets from the IRS while owning back personal and business taxes.

A jury found Snyder not guilty of allegedly soliciting a bribe to award two firms a city towing contract.

Snyder’s defense attorneys filed a request for a new trial and made a renewed push for a judge to acquit the former mayor of bribery and obstructing the IRS. The defense argued that by not calling two men who paid Snyder $13,000, for what Snyder said was consulting services, after a deal to sell Portage garbage trucks, the jury did not get to hear a full telling of the events, according to court documents.

“The government went to great lengths to provide only circumstantial evidence, even where it had direct evidence available to it,” said defense attorney Jackie Bennett Jr., in court filings. “As a result, the jury was asked to speculate as to Mr. Snyder’s guilt. A guilty verdict could stem only from the jury piling inference on inference.”

Prosecutors say that when Snyder ran for mayor in 2011, he told residents he planned to automate Portage’s trash pickup, but wound up steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbilt, which was then owned by Robert and Steve Buha.

Once those contracts were awarded, Great Lakes Peterbilt paid Snyder $13,000.

Snyder’s defense also questioned the evidence in the obstructing the IRS case.

A second count said that Snyder, while owing tens of thousands of dollars to the IRS, funneled income through a shell company, and failed to disclose any of those assets to the IRS.

03262019 - News Article - UPDATE: Sentencing for former Portage mayor's co-defendant in bribery scheme reset for June 7






UPDATE: Sentencing for former Portage mayor's co-defendant in bribery scheme reset for June 7
NWI Times
March 26, 2019
https://www.nwitimes.com/news/local/crime-and-courts/sentencing-for-former-portage-mayor-s-co-defendant-in-bribery/article_2a2c72c4-2dd5-58f4-9177-6c305880e38e.html


HAMMOND — The fate of John Cortina, the former co-defendant of convicted former Portage Mayor James Snyder, won't be known until June 7.

U.S. District Court Judge Joseph Van Bokkelen granted a request filed by federal prosecutors on Tuesday to continue Cortina's sentencing until after that of Snyder's.

Cortina, 79, owner of Kustom Auto Body in Portage, pleaded guilty in January to paying Snyder a $12,000 bribe to put himself and his partner, Scott Jurgenson, of Sampson Towing, on the city's tow list. Cortina's sentencing had been set for April 22. 

The jury, which heard testimony for 19 days in the public corruption case, acquitted Snyder on the tow for pay charge.

Jurgenson has worked as an undercover informant for the FBI during an investigation of Snyder and other alleged Region pay for tow schemes.

The court filing asked the sentencing hearing be pushed back until "shortly after" Snyder is sentenced on May 24. Cortina's attorney agreed to the request, according to the document.

Snyder was found guilty on two charges on Feb. 14. He was found guilty on a second bribery charge involving receiving a $13,000 bribe for awarding contracts on city garbage trucks and on a federal tax obstruction charge. He could face up to 13 years in prison on those charges.

In other motions awaiting rulings, Snyder has asked for the jury verdict to be set aside and that he be acquitted on the two charges or that a new trial be ordered.

03212019 - News Article - Porter County Election Board welcomes new president in wake of Stankiewicz controversy, resignation






Porter County Election Board welcomes new president in wake of Stankiewicz controversy, resignation
NWI Times
March 21, 2019
https://www.nwitimes.com/news/local/porter/porter-county-election-board-welcomes-new-president-in-wake-of/article_077e4490-6121-57f6-9f07-8cdb1e3a6fa3.html



VALPARAISO — Less than two weeks after a confrontation prior to a meeting resulted in the resignation of the Porter County Election Board president, the newly configured board had a quiet, quick meeting Thursday.

David Welter, of Chesterton, a local attorney and Valparaiso University law professor, was welcomed by fellow board members Republican Dave Bengs and County Clerk Jessica Bailey.

Welter, a Democrat, replaced longtime member J.J. Stankiewicz, who resigned Monday.

Stankiewicz resigned after a pre-meeting confrontation with Bailey on March 8. Several Porter County Democratic officials called for Stankiewicz's resignation in a letter to Democratic Party Chairman Jeff Chidester on Sunday. They cited what they called unacceptable behavior by Stankiewicz as he pointed his finger and raised his voice at Bailey during the discussion, which was caught on video.

Secretary of State Connie Lawson also called for Stankiewicz's resignation, saying his actions, along with those of former County Clerk Karen Martin, a Republican, and Kathy Kozuszek, Democratic director at the Porter County voter registration office, caused significant problems with last November's elections.

Welter said two of his favorite things to do are to address challenges and solve problems. He said he's hoping to use those skills while leading the election board as its new president.

"My family moved here in 1972 from the South Side of Chicago. I fell in love with this county," Welter said, adding he believes serving on the board will be a way to give back to the county.

Bailey and Bengs also responded to Lawson's report on the local election debacle. Lawson released the report last week, and Bailey said her office and the board already have addressed many of the issues Lawson's team pointed out as causing issues in the 2018 election.

"When I met with Lawson and her team, I was pleasantly surprised," Bailey said, adding several things mentioned, such as adding central counting machines have been addressed.

Bengs said many of the suggestions were addressed with the county's purchase of new election equipment as well as Bailey's increased efforts to recruit and train poll workers.

Bailey gave the board a report on the efforts to fill the 306 poll worker spots for the May 7 election. She said they have used the county's Facebook, websites and email blasts as well as reaching out to chambers of commerce in the county. Her office also has updated the county's website regarding poll workers to offer additional information and easy links to applying to become a poll worker.

Bailey said the efforts are working — an increased number of people have expressed their interest. She also said Chidester and Republican Mike Simpson are also helping by providing their lists of poll workers prior to the state's deadline.

Bailey said there will be a public testing of the new election equipment April 8 at a time to be determined later.

03212019 - News Article - Report blames toxic behavior for Porter County election snafu






Report blames toxic behavior for Porter County election snafu
Chesterton Tribune
March 21, 2019
http://chestertontribune.com/Elections/report_blames_toxic_behavior_for.htm

Indiana Secretary of State Connie Lawson (R) has called for the resignation of two Porter County officials, following a report on Porter County’s 2018 general election by Ball State’s Voting Systems Technical Oversight Program (VSTOP).

Following VSTOP’s report, Lawson called for Democrat Director of Voter Registration Kathy Kozuszek (D) and Election Board member J.J. Stankiewicz (D) to resign.

The 2018 general election in Porter County was rife with problems that included 13 polling places opening late for a lack of poll workers, thousands of absentee ballots not being delivered on time or counted, and final results delayed for three days.

The problems occurred after the County Election Board transferred election duties from the Voter Registration Office to the office of the County Clerk. Former Clerk Karen Martin (R) had never run an election before, and was on the ballot herself for County Auditor.

Problems leading up to the election, including an instance of poll worker error at the Portage early voting site, poll worker complaints, and shouting matches at Election Board meetings, as well as the events of Election Day, prompted a risk-limiting audit (RLA) by VSTOP and an investigation by the Secretary of State.

VSTOP earlier this month released its findings on the root causes of the election debacle, which Lawson reviewed and subsequently commented on in a public letter to new Porter County Clerk Jessica Bailey and Porter County legislators State Sen. Karen Tallian (D) and State Rep. Ed Soliday (R).

The VSTOP team used interviews with 27 individuals to gather information on the events of Election Day, and made the following disclaimer: “As a caveat to considering the information set forth below, the interviews were statements of individual understandings of events leading up to and during the election and should be interpreted with caution as some statements from the interviews were rumor and innuendo.”

Ultimately, VSTOP concluded that “turf issues” between the Voter Registration Office and the Office of the Clerk compounded with issues of personal pride and vindictive behavior between Martin and Kozuszek were at the center of the problems in the Election. They reported that a “bitter feud” between Martin and Kozuszek contributed to tensions and an eventual breakdown in communication between the major political parties in Porter County.

In her letter, Lawson wrote, “The nonpartisan character of VSTOP presents a challenge when it comes to focusing on certain problems that, in my view, ought to be highlighted. I therefore submit this letter in an effort to reveal the core problems of Porter County’s 2018 General Election.”

Lawson blamed three County officials--Martin, Kozuszek, and Stankiewicz, and a toxic atmosphere they all fostered, for the bulk of the problems. Since Martin is out of office after losing a bid for County Auditor, Lawson called for Kozuszek and Stankiewicz to resign.

Lawson’s assessment of the damage was scathing: "In my opinion, based on the testimony of 19 other interviews and several other accounts, as Indiana's secretary of state and a former county clerk, none of these three individuals belong in or near the election process.”

“These three individuals each contributed to the dysfunction, miscommunication and administrative incompetence that plagued the election process in Porter County. Even though each was aware of potential problems leading up to the election, personality conflicts, vindictive behavior and personal pride prevented any action from being taken,” Lawson wrote.

“Not only did these individuals put a heavy burden on dedicated employees within county government who were attempting to execute their responsibilities properly, they failed to meet the expectations and needs of Porter County voters,” Lawson wrote.

Stankiewicz resigned Monday following further calls for his resignation after a video of him shouting at new County Clerk Jessica Bailey just before a March 8 Election Board meeting went public. Though a separate incident, Lawson cited the behavior in that video as evidence of Stankiewicz’s toxicity to the election process.

Lawson said Stankiewicz wrongfully accused local police officers of leaving ballots unattended in the confusion of Election Day, and he never participated in an interview with her about what went wrong after what she terms a “series of evasive and puzzling emails” and rude correspondence with her Executive Assistant.

As for Martin, the VSTOP report suggests that Martin may have been concerned that asking for help in the election would hurt her chances in her bid for Auditor and had a lack of trust in the more experienced individuals around her.

The VSTOP team also wrote, “It appears that Clerk Martin seriously underestimated the complexities of overseeing a major election and this was compounded by her reluctance to accept help from those who had more experience operating elections.”

Lawson wrote, “It is unfortunate that Clerk Martin allowed her personal pride to prevent her from executing her duties properly. Clerk Martin contributed to an ongoing, bitter feud between herself and Ms. Kozuszek, and engaged in unprofessional and uncooperative behavior, even during public meetings.”

“Clerk Martin placed a higher priority on proving Ms. Kozuszek wrong than in serving the voters of Porter County, and refused help even when it was clear that the County was ill-prepared for Election Day,” Lawson wrote.

As for Kozuszek, Lawson wrote she is a key figure in Porter County’s election problems because she “contributed to a wildly chaotic environment during the entire General Election,” went “so far as to actively prevent official business from taking place in order to prove a point,” and took no responsibility for what went wrong on Election Day.

“In her interview, Ms. Kozuszek laid the entirety of the election issues at the Clerk’s feet, while admitting no wrongdoing or unprofessional behavior of her own, despite multiple witnesses speaking to the contrary,” Lawson wrote. “Ms. Kozuszek seemed to relish the negative consequences experienced by the County on Election Day, unable to separate her extreme dislike of Clerk Martin from her responsibilities as a public servant.”

VSTOP made recommendations for the County going forward. First, VSTOP suggest they be allowed to observe the next two elections and conduct RLAs to audit any races with margins of less than five percent.

They also suggested the Clerk create a well-defined written protocol for handling absentee ballots, create an updated election checklist, and hire additional staff for the election, and the County should consider counting absentee ballots at one central location and adopting the use of vote centers to cut down on the number of needed poll workers.

As for poll workers, VSTOP recommended the County form its own poll worker manual, keep a list of reliable back-up workers, train all workers in person, and not involve the Voter Registration office in recruitment efforts.

The VSTOP team noted that some of these changes have been proposed in legislation, HB 1217, by Rep. Soliday. Lawson expressed full support for HB 1217 in her letter and wrote that she in confident in the new Clerk’s abilities.

03182019 - News Article - UPDATE: Election official resigns amid calls from local, state officials; says 'truth will eventually prevail'






UPDATE: Election official resigns amid calls from local, state officials; says 'truth will eventually prevail'
NWI Times
March 18, 2019
https://www.nwitimes.com/news/local/crime-and-courts/update-election-official-resigns-amid-calls-from-local-state-officials/article_648934d5-1736-5f42-9e25-9ebe98ef8c41.html


VALPARAISO — Porter County Election Board President J.J. Stankiewicz has resigned.

His resignation follows calls from fellow Democrats and the state's highest election official to do so.

"In the end, I feel positive that the truth will eventually prevail and that the voters of this county will understand what is really going on with these recent public attacks," Stankiewicz wrote in a letter filed with the clerk's office Monday.

"But until that time arrives, I do realize I can no longer be effective. I therefore wish you good luck but choose to resign instanter and request the filing of this document in your official records pursuant to current election law."

Stankiewicz did not immediately return a telephone call for additional comment.

Stankiewicz had sent a similar version of the letter to media outlets, including The Times, last week. Monday, he added two sentences to the end of the letter announcing his resignation. In the letter, Stankiewicz defends his actions, saying, in part, "I am proud, rather than being apologetic, about my twenty years of service on the Election Board and what I personally accomplished for the 2018 election."

Stankiewicz said he initiated a court order to keep the polls opened.

Local Democrats called for his resignation Sunday after he got into a shouting match with newly elected Porter County Clerk Jessica Bailey prior to a March 8 Election Board meeting, yelling at her to "shut up," "listen to me" and "quit the crap."

The exchange was caught in a video made public last week.

"I would like to thank Mr. Stankiewicz for his service," Bailey said in a written statement Monday.

"He has been a valuable member of the election board for many years and his accomplishments encompass much more than these past few months. The county election board provides an essential service and the contributions of each member should be recognized."

Bailey said she has not received an apology from Stankiewicz.

In his letter, Stankiewicz said his "private argument" with Bailey was "secretly videotaped," was "over heated," but led to a civil meeting.

"We wish to express in no uncertain terms our dismay with the way your appointee treated Clerk Bailey," the politicians wrote in the letter to Porter County Democratic Chairman Jeff Chidester. "We find the comments made by Mr. Stankiewicz to be demeaning, unprofessional and woefully misguided and inaccurate. We cannot tolerate such behavior from any member of our county boards."

Chidester also did not immediately return a telephone call Monday.

Porter County Council President Dan Whitten said Monday he appreciated and agreed with Stankiewicz's decision to resign. Despite the controversy, Whitten added, he would be remiss not acknowledging Stankiewicz's 20 years of service and his work for the public good.

The letter follows calls by Indiana Secretary of State Connie Lawson and The Times editorial board for Stankiewicz and Democratic voter registration Director Kathy Kozuszek to resign after last fall's election debacle in which election results were three days late because of a number of snafus, including a shortage of poll workers, 12 polling places opening late and allegations of mishandled ballots. 

Kozuszek, contacted Monday morning, said she could not comment, citing a pending civil lawsuit in federal court in Hammond. Kozuszek filed the lawsuit last year against the Election Board, saying she was denied overtime and removed from her election-related duties in retaliation for her request for overtime pay.

Her attorney, Ivan Bodensteiner, said his comments would be made in court. He did, however, question whether the Secretary of State's investigation looked into the differences in elections with Kozuszek's involvement and those without.

"What suddenly changed in 2018?" Bodensteiner said, referring to Kozuszek's removal from the election process.

03182019 - News Article - Porter County election board president resigns after shouting match with clerk caught on tape






Porter County election board president resigns after shouting match with clerk caught on tape
Post-Tribune
March 18, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-porter-elecction-letter-st-0319-story.html


Democrat J.J. Stankiewicz, president of the Porter County Election Board, submitted a letter of resignation to Clerk Jessica Bailey Monday after a tumultuous week in which fellow Democrats and the Indiana Secretary of State called for his resignation in light of his conduct with Bailey before a March 8 election board meeting that was caught on video.

While Democrats also asked for a public apology from Stankiewicz, who was appointed by Jeff Chidester, chair of the county’s Democrat Party, Stankiewicz offered none, instead submitting an edited version of the same letter he provided to the media in response to Porter County’s elected Democrats and several from municipalities

“In the end, I feel positive that the truth will eventually prevail and that the voters of this county will understand what is really going on with these public attacks,” he wrote. “But until that time I arrives, I do realize I can no longer be effective. I therefore wish you good luck but choose to resign instanter (sic) and request your filing of this document in your official records pursuant to current election law.”

In a prepared statement, Bailey thanked Stankiewicz for his service.

“He has been a valuable member of the election board for many years and his accomplishments encompass much more than these past few months,” she said. “The county election board provides an essential service and the contributions of each member should be recognized.”

The next election board meeting is 3 p.m. Thursday in the commissioners chambers of the county administration building. Whether Chidester will have appointed a replacement for Stankiewicz by then isn’t known; he has not returned multiple calls seeking comment.

County officials who signed the letter seeking Stankiewicz’s resignation said they appreciate his time on the board and his decision to step down.

“I appreciate and agree with his decision to step aside, although I would be remiss in not recognizing that in years past, he put in a lot of time and effort into promoting the public good, and I appreciate that, too,” said County Council President Dan Whitten, D-At large.

County Councilwoman Sylvia Graham, D-At large, also appreciated his work on the election board and his decision to step down.

“I’m thankful that he did this and we’re going to move on,” she said. “I’m glad he did recognize it had to be done.”

In his letter, Stankiewicz touted his efforts in 20 years on the election board, noting the only election that “suffered problems” was last year.

He said he realized that his “private argument” with Bailey was “secretly videotaped” before the March 8 election board meeting, “and that I was extremely angry with that person for her response indicating, ‘That’s not my job.’”

“That private exchange was overly heated to say the least; but it eventually led to a very civil official meeting and my pressure eventually caused public disclosure of the names and telephone numbers for workers to call to assure poll workers appear in the primary election,” he wrote.

The letter from elected officials came in the days following a report on the November general election directed by the Secretary of State’s Office that noted toxic and dysfunctional relationships led in part to a wide array of Election Day woes, including late-opening polls, 18,000 absentee ballots that were never delivered to precincts to be counted, and election results that were more than two days late.

In a letter accompanying the report, Secretary of State Connie Lawson pinpointed Stankiewicz; Kathy Koszuszek, Democrat director in the county’s Voter Registration Office; and former Clerk Karen Martin, a Republican, for the election troubles.

She called on Stankiewicz and Kozuszek, also appointed by Chidester and his wife, to resign, and also noted Stankiewicz’s conduct on the video. Martin, unable to seek to seek a third term as clerk, lost a bid for auditor in the election.

The letter from elected officials, provided to the Post-Tribune by two officials who signed it, states that Stankiewicz owes Bailey a public apology, and that in the best interest of the citizens of Porter County, he should step down from the board and offer a public apology.

Officials were dismayed with how Stankiewicz treated Bailey in the video, according to their letter.

“We find the comments made by Mr. Stankiewicz to be demeaning, unprofessional, and woefully misguided and inaccurate. We cannot tolerate such behavior from any member of our county boards,” the letter said.

In addition to Graham and Whitten, the other officials who signed the letter include: Porter County Commissioner Laura Blaney, D-South; County Council members Jeremy Rivas, D-2nd, Bob Poparad, D-1st, and Greg Simms, D-3rd; Sheriff David Reynolds; Auditor Vicki Urbanik; Treasurer Michelle Clancy; Portage City Councilman Colin Czilli, D-5th; Valparaiso City Council members Diana Reed, D-1st, Robert Cotton, D-2nd, and Deb Porter, D-At large; Portage Township Trustee Brendan Clancy; and Center Township Advisory Board President Deb Fray.

03172019 - News Article - MARC CHASE: Childish, venomous Porter County election officials must go







MARC CHASE: Childish, venomous Porter County election officials must go
NWI Times
March 17, 2019
https://www.nwitimes.com/opinion/columnists/marc-chase/marc-chase-childish-venomous-porter-county-election-officials-must-go/article_9298608b-1dc9-5843-a8db-6a66bef2dc1e.html





It had all the earmarks of a loud and vitriolic squabble erupting among child siblings at a nice restaurant.

It's the kind of boisterous scene in which the faces of the offending children's parents flash a violet hue of embarrassment while the evening of the other patrons, who just wanted a quiet meal for their money, is utterly ruined.

Only the stakes were so much higher, affecting a core principle of our democracy.

We watched a real-life scenario — mirroring such embarrassing circumstances — play out in the 2018 Porter County general election last November.

For weeks leading up to the election, Porter County election officials — including Democratic Election Board President J.J. Stankiewicz, Democratic voter registration Director Kathy Kozuszek then-Republican Clerk Karen Martin — knew of potential problems the county faced in both organization and manpower for handing the general election.

But they were too busy finger-pointing, arguing, shouting at and insulting one another in well-documented and recorded public meetings.

It all collapsed in a sinkhole of its own vitriol during the Nov. 6 election.

The good news is Indiana Secretary of State Connie Lawson has stepped in to play the role of stern parent.

The bad news is we'll have to rely on the already-suspect judgment of two Porter County election officials to do the right thing and resign, as Lawson has admonished them to do.

Lawson's office was turned to for help after the county's 2018 general election tally was three days late as a result of numerous problems, including 12 polling places opening late, a shortage of poll workers and accusations of mishandled ballots.

The rights of scores of Porter County residents to vote during designated polling place hours fell victim to this incompetence induced by vitriol.

In an audit and subsequent report released last week, Lawson placed the blame for the election collapse, which made embarrassing headlines throughout the state and abroad, squarely at the feet of Stankiewicz, Kozuszek and Martin.

And it specifically calls on Stankiewicz and Kozuszek to resign.

We no longer have to worry about Martin. Mercifully, she didn't run for re-election as clerk because of term limits and was defeated in her bid to become the elected county auditor in November. In the days following the November election debacle, Martin hid from the public eye rather than leading, and Porter County voters should never forget that.

Stankiewicz and Kozuszek should heed Lawson's admonition to resign. And they should be feeling pressure from all Porter County residents to do so.

More than four months after the collapse, neither of the remaining offending parties appear to have done anything to improve the venomous environment that led to the election collapse.

In fact, after viewing a video recording of a March 8 Porter County Election Board meeting, things seem to be getting worse.
The video began recording before the meeting even began, and the conversation starts out cordial enough.

Stankiewicz greets newly elected Porter County Clerk Jessica Bailey.

"How you doing, madame clerk?" Stankiewicz says as he begins to take his position at the meeting table.

"Good. How are you?" Bailey responds.

The pleasantries essentially end there.

A disagreement ahead of the meeting of "who had contacted who about what" devolves into a condescending Stankiewicz pointing his finger at Bailey, at times telling her to "listen to me" and to "shut up."

The yelling is so loud and so overlapping between the two parties, the argument becomes unintelligible in the audio.

For her part, it's hard to blame the new clerk for raising her voice in the argument.

Stankiewicz's childish antics are already well documented. It would be untenable for most reasonably minded public officials to deal with him.

Watching the video, Stankiewicz at times takes aggressive movements toward Bailey, arching his arm toward her as he points to make his argument.

Any reasonable person would feel unjustly intimidated or even threatened by that. Any reasonable son, father or husband watching this aggressive stance toward his mother, daughter or wife would be inclined to help the culprit to a more cordial posture.

In short, Stankiewicz was the clear aggressor — a bully.

Kozuszek also has shown a lack of appropriate decorum in past public meetings, shouting and pointing fingers rather than leading toward solutions.

And right now we need harmony in the ranks to fix the problem, not venom and bullying tactics.

Our secretary of state, the highest-ranking election official in Indiana, recognizes this in her report.

All Porter County residents and leaders must recognize it too.

It's time for Stankiewicz and Kozuszek to resign and, as the secretary of state suggests, never be allowed to touch another election again.





03172019 - News Article - Porter County politicians call for resignation of Election Board president after shouting match






Porter County politicians call for resignation of Election Board president after shouting match
NWI Times
March 17, 2019
https://www.nwitimes.com/news/local/porter/porter-county-politicians-call-for-resignation-of-election-board-president/article_1d454830-a122-57dd-8f4e-4122840ae132.html





More than a dozen Democratic elected officials in Porter County are calling for the resignation of Porter County Election Board President J.J. Stankiewicz after he got into a shouting match with newly elected Porter County Clerk Jessica Bailey, yelling at her to "shut up," "listen to me" and "quit the crap."

After a video of the heated exchange was publicly released, they sent a sternly worded letter to Porter County Democratic Party Chair Jeff Chidester demanding his appointee Stankiewicz apologize and step down.

"We wish to express in no uncertain terms our dismay with the way your appointee treated Clerk Bailey," the politicians wrote in the letter. "We find the comments made by Mr. Stankiewicz to be demeaning, unprofessional and woefully misguided and inaccurate. We cannot tolerate such behavior from any member of our county boards."


The letter follows calls by the Indiana Secretary of State and The Times editorial board for Stankiewicz and Democratic voter registration Director Kathy Kozuszek to resign after last fall's election debacle in which election results were three days late because of a number of snafus, including a shortage of poll workers, 12 polling places opening late and allegations of mishandled ballots. 

Stankiewicz said his "private argument with the new clerk of courts was secretly videotaped."

"That private exchange was overly heated to say the least, but it eventually led to a very civil official meeting, and my pressure eventually caused public disclosure of the names and telephone numbers for workers to call to assure poll workers appear in the upcoming primary election," he said in a written statement responding to recent media coverage. "The job of election workers is full-time, super-hard and demanding. Nevertheless, it is equally the job of elected officials to perform their duties well in advance of legal deadlines, or the result will be another set of closed voting sites on Election Day. And that is exactly what occurred during the latest 2018 Election. So my rules for myself and others are very simple: I require that all, both male and female, serve the voters first, do not walk off the job, or use excuses like 'that’s not my job' to avoid personal responsibility. Preparation for successful elections is not a simple foxtrot or waltz. Election Day is a 16- to 24-hour-long day that requires constant preparation before that day arrives."

Stankiewicz said in the statement he was angered by being told "it's not my job." It was not clear from the video during a discussion about poll workers whether Bailey said that, but Stankiewicz at one point tells her during the argument "what I'm hearing you saying is that's not my job" and she replies by saying, "That's not what I'm saying. You're not listening."

County Commissioner Laura Blaney; County Council President Dan Whitten; County Council members Sylvia Graham, Jeremy Rivas, Robert Poparad and Greg Simms; Sheriff David Reynolds; County Auditor Vicki Urbanik; County Treasurer Michelle Clancy; Portage City Council member Colin Czilli; Valparaiso City Council members Deb Porter, Diana Reed and Robert Cotton; Portage Township Trustee Brendan Clancy and Center Township Board President Deb Fray signed the letter in response to the verbal exchange before the March 8 Election Board meeting.

"Clerk Bailey is a duly elected office holder who has been on the job for less than three months. She has been diligently working to prevent a repeat of the debacle of the last election overseen in part by your appointee," they wrote. "She is not a subordinate to Mr. Stankiewicz, but rather, has an equal vote on the Election Board. There is no place in Porter County government for your appointee to berate her and use the derogatory language that he used. She deserves time to prove herself in the position Porter County voters have entrusted upon her."

The elected officials said they support "honest, robust public debate" but drew the line at unfounded personal attacks and said it was essential for officials in Porter County to work together even with people they disagree with.

"Mr. Stankiewicz owes Clerk Bailey a public apology. In the best interests of the citizens of Porter County, he should also step down from the Election Board," they wrote. "We ask that you demand this public apology and resignation without delay. Our citizens deserve reassurance that our Porter County Election Board places greater priority on working toward fair and honest elections rather than engaging in petty, political disputes."

Chidester said "no" and hung up on a Times reporter when asked if he had received the letter and if he had any comment. When asked to clarify if he hadn't received the letter or if he didn't have any comment, Chidester ended the call.

03152019 - News Article - 'It was a travesty': State report shows depth of Porter County Election Day confusion for police






'It was a travesty': State report shows depth of Porter County Election Day confusion for police
Post-Tribune
March 15, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-porter-election-sheriff-st-0317-story.html


Porter County Sheriff’s Department deputies who worked on Election Day in November faced confusion from the get-go, including poll workers who didn’t show up or hadn’t been properly trained, and locked polling places, according to a report from the Indiana Secretary of State’s office.

The woes faced by officers assigned election detail are spelled out in 38 pages of police reports, part of the documentation of the troubles of the election put together by the Voting System Technical Oversight Program, or VSTOP, and released Wednesday.

County commissioners asked Secretary of State Connie Lawson to investigate the election, and a letter by her accompanying the report noted toxic and dysfunctional relationships that resulted in late-opening polls, a lack of poll workers, 18,000 absentee ballots not being delivered to precincts to be counted, and preliminary election results that were more than two days late.

On Election Day, said Sheriff David Reynolds, four officers were assigned to an early shift and another four were assigned to a later shift. In past elections, eight officers fulfilled the duties each shift.

In all, 20 officers worked some aspect of election detail, including guarding ballots at the courthouse and the county administration building in the days after the election until counting of the absentee ballots was complete.

The clerk’s office paid for some of that time, he said, but not all of it.

“We had some on duty and paid out almost $5,000 in overtime,” he said, adding he never asked for reimbursement from the clerk’s office for the expense. “We were just trying to keep (the ballots) secure when we knew we had a serious issue.”

A deputy assigned to the early shift on Election Day charged with delivering blank ballots and other items to polling places in the Duneland area found multiple poll workers hadn’t shown up, the report said.

Poll workers at Faith Memorial Lutheran Church in Liberty Township couldn’t find the voting equipment and once the deputy helped locate it and set it up, the officer discovered “nobody here had been trained on how to use the ballot counting machine,” according to one of the reports.

A ballot counting machine technician on site provided a “crash course” in how to operate the machine, the report states, but the polling place still couldn’t open because they didn’t have a Republican inspector or judge.

“Both sides, Democrat and Republican, need to fall on the sword because poll workers weren’t there,” Reynolds said.

A total of 13 polling places opened late and emergency court orders kept 12 of them open a full 12 hours, though Reynolds said that didn’t help voters who showed up early to vote and couldn’t return later to take advantage of the extended hours.

Absentee ballots are usually distributed to the precincts to be counted, Reynolds said, but that never happened because the ballots had not been sorted. As the day wore on, according to the reports, officers spent hours waiting for the ballots to be sorted so they could deliver them.

By that night, Reynolds said, he was getting calls to his personal cellphone from poll workers who had it to say they were still waiting on absentee ballots hours after the polls closed.

He told them to pack up and bring their equipment back to the administration building, but had no way to communicate that message to all of the polling places where workers were still waiting.

“As the report reflects, it was a travesty,” he said.

03132019 - News Article - State slams, demands resignation of Porter election officials in 2018 voting debacle






State slams, demands resignation of Porter election officials in 2018 voting debacle
NWI Times
March 13, 2019
https://www.nwitimes.com/news/local/govt-and-politics/state-slams-demands-resignation-of-porter-election-officials-in-voting/article_c7a2958e-c653-5feb-bb57-ed9cff111fe2.html




VALPARAISO — Three local election officials and the bad blood among them are to blame for the bulk of last fall's Election Day problems and delayed vote count, according to a scathing report by the Indiana secretary of state's office.

"These three individuals each contributed to the dysfunction, miscommunication and administrative incompetence that plagued the election process in Porter County," a letter from Secretary of State Connie Lawson that accompanied the results of a local ballot audit done on behalf of her office states.

She names former Republican Porter County Clerk Karen Martin, current Democratic Election Board President J.J. Stankiewicz and Kathy Kozuszek, the current Democratic director at the Porter County Voter Registration Office.

"Even though each was aware of potential problems leading up to the election, personality conflicts, vindictive behavior and personal pride prevented any action from being taken," Lawson said.

"Not only did these individuals put a heavy burden on dedicated employees within county government who were attempting to execute their responsibilities properly, they failed to meet the expectations and needs of Porter County voters."

She suggested watching a video of the March 8 Porter County Election Board meeting for a sample "of how toxic the 2018 election was." 

Lawson called on Stankiewicz and Kozuszek to resign their election posts with the county. Martin lost her election bid last fall for county auditor and no longer is in a position with county government.

"In my opinion, based on the testimony of 19 other interviews and several other accounts, as Indiana's secretary of state and a former county clerk, none of these three individuals belong in or near the election process," Lawson wrote. "Porter County voters deserve better."

Martin and Kozuszek said Wednesday they had not yet seen the secretary of state's report, and Stankiewicz could not be reached for comment.

'Take this report very seriously'
The report from the state comes on the heels of interviews and a partial ballot audit conducted on behalf of the secretary of state's office. Lawson's office was turned to for help after the county's 2018 general election tally was three days late as a result of numerous problems, including 12 polling places opening late, a shortage of poll workers and accusations of mishandled ballots.

All of the problems happened with backdrop of public vitriol between election officials.

"The two reports lay bare the worst example of public service failure I have ever seen — ego, nepotism, lack of accountability, self over service, and a general lack of respect for others," Porter County Commissioner Laura Blaney, D-South, said in a prepared statement.

"We need to take this report very seriously," she said.

"This is a problem that has been brewing for years, and there are no signs of willingness from a few of the more seasoned players to put down swords and work together. It's still an incredibly toxic atmosphere."

Blaney said she would like to see the suggested resignations happen immediately and wants to see passage of the local election reform proposed in House Bill 1217.

That bill calls for Porter County to count absentee ballots at one location rather than disbursing them to their respective polling places on Election Day, which was a failure of the last election, according to Lawson.

The proposed legislation also would prohibit an appointed member of the election board or voter registration office from being a relative of the person making the appointment, she said.

Kozuszek married Porter County Democratic Central Committee Chairman Jeff Chidester after he appointed her to her job at the county's voter registration office.

"I look forward to being part of the bipartisan effort of true public servants (and we have many good ones), led by clerk Jessica Bailey, to restore voter confidence and fix this monumental problem," Blaney said.

"Porter County deserves better," Porter County Council President Dan Whitten, D-at-large, said. "Although the council has no direct oversight of the election, we had to witness the train wreck that was the election. It was an embarrassment and a failure. What transpired at the election board meeting merely demonstrates further problems. Those identified in the (secretary of state's) report as 'having negative impacts,' to put it mildly, should take note and step aside."

Reforms proposed for Porter
The secretary of state's office is calling on the county to consider 18 proposals to address the problems of the past, including having the Indiana Voting System Technical Oversight Program based at Ball State University oversee the next two elections, and have audits done for any race with a margin of victory of less than 5 percent.

The county also is called on to consider adopting the hotly debated vote-center model, which would involve fewer voting sites and fewer poll workers, but allow voters to cast ballots at whatever site is most convenient.

The county clerk also should hire additional staff to prepare for and carry out elections, as well as create "an updated election checklist to make sure that all duties and responsibilities are covered leading up to and during an election," the report said.

"Hiring temporary bipartisan staff may be in order to assure the same problems do not occur again," according to the report.

Several reforms are suggested for poll worker recruitment and training, including having county political parties find workers.  

"Training for poll workers should be highly organized, carried out in a professional manner by more than one subject matter expert," the report says. "Multiple opportunities for training should be offered."

On the issue of election oversight, the report says, "If any county employee refuses to conduct election work required by the employee’s job description or assignment, that employee should be reprimanded in writing per county personnel policy."

03132019 - News Article - Indiana Secretary of State calls for Porter County officials to be fired after election mess







Indiana Secretary of State calls for Porter County officials to be fired after election mess
Chicago Tribune
March 13, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-porter-election-report-st-0314-story.html









In a scathing report on Porter County’s chaotic November general election, the Indiana Secretary of State noted toxic behavior and dysfunctional relationships created a wide swath of problems for voters and poll workers alike, placing the blame squarely on three people involved in election duties.

“Porter County voters deserve better,” Secretary of State Connie Lawson said in a report on the election released Wednesday.

Lawson blamed the problems on former Clerk Karen Martin; Democrat J.J. Stankiewicz, now president of the county election board; and Kathy Kozuszek, Democratic director in the Porter County Voter Registration Office. She called on Kozuszek and Stankiewicz to resign.

She also noted Stankiewicz’s treatment of current Clerk Jessica Bailey before the March 8 election board meeting, which was captured on video.

Martin, a Republican, is no longer in office; she lost a bid for auditor in November.

“The three individuals each contributed to the dysfunction, miscommunication, and administrative incompetence that plagued the election process in Porter County,” Lawson said. “Even though each was aware of potential problems leading up to the election, personality conflicts, vindictive behavior, and personal pride prevented any action from being taken.”

Lawson goes on to say that while the trio put a heavy burden on “dedicated employees within county government” who were trying to do their jobs, “they failed to meet the expectations and needs of Porter County voters.”

Neither Kozuszek nor Stankiewicz returned a call seeking comment, nor did Porter County Democratic Party Chair Jeff Chidester. He is Kozuszek’s husband and appointed Stankiewicz to the election board.

Lawson’s investigation into the election noted myriad problems on Nov. 6, including 13 polls opening late; Martin’s failure to have enough people to work the election; Martin’s failure to have 18,000 absentee ballots delivered to the polls to be counted; a makeshift arrangement for securing unprocessed absentee ballots; and election results that were more than two days late.

Lawson’s office was called in to investigate by county commissioners in the wake of the election problems.

“It is unfortunate that Clerk Martin allowed her personal pride to prevent her from executing her duties properly,” Lawson wrote, adding that Martin “contributed to an ongoing, bitter feud between herself and Ms. Kozuszek, and engaged in unprofessional and uncooperative behavior, even during public meetings.”

Martin, the letter said, “placed a higher priority on proving Ms. Kozuszek wrong than in serving the voters of Porter County, and refused help even when it was clear that the county was ill-prepared for Election Day.”

Kozuszek, Lawson said, “participated in a prolonged, deeply bitter personal feud with Clerk Martin, going so far as to actively prevent official business from taking place in order to prove a point.”

During an interview with Lawson’s office, the letter said, Kozuszek “laid the entirety of the election issues at the Clerk’s feet, while admitting no wrongdoing or unprofessional behavior of her own, despite multiple witnesses speaking to the contrary.”

Kozuszek, said Lawson, “seemed to relish the negative consequences experienced by the county on Election Day, unable to separate her extreme dislike of Clerk Martin from her responsibilities as a public servant.”

Kozuszek contributed to “a wildly chaotic environment” during the entire election and is a key figure in the issues experienced by the county, Lawson said.

As far as Stankiewicz, who served last year as the election board’s only Democrat until Bailey was elected and took over presidency of the board this year, Lawson said when local police officers were assigned to secure ballot delivery in the county building, “he wrongfully accused department officers of leaving ballots unattended.”

Lawson also notes Stankiewicz, “in a series of evasive and puzzling emails,” ultimately did not participate in an interview with her office about the election.

“Over the course of those emails, and in phone calls with the Secretary of State’s Executive Assistant, Mr. Stankiewicz proved to be disrespectful, rude, toxic, and combative,” Lawson wrote, adding his “representative behavior” can be seen in the video before the start of the March 8 election board meeting.

“Mr. Stankiewicz’s condescending, disrespectful and possibly discriminatory treatment of Clerk Bailey is appalling,” she wrote. “There is a reason why elections in Porter County are different than those experienced by the other 91 counties, and until changes are implemented, I fear future elections may suffer.”

Lawson notes that she has “the utmost confidence in Clerk Bailey’s ability to execute the responsibilities of her office in an efficient and competent manner,” but as evident during the March 8 meeting, “it is clear that she has already come to experience the dysfunction plaguing the county.”

Lawson also throws full support behind House Bill 1217, proposed by State Rep. Ed Soliday, R-Valparaiso. The bill would restructure how elections are handled in the county, including centralized counting for absentee ballots and requiring that appointed members of election boards could not be a relative of any individual with appointment authority.

County officials applauded the results of Lawson’s investigation into the election and the calls for resignation.

“Porter County deserves better. Although the council has no direct oversight of the election, we had to witness the train wreck that was the election. It was an embarrassment and a failure,” said Council President Dan Whitten, D-At-large.

“What transpired at the election board meeting (on March 8) merely demonstrates future problems. Those identified in the report as ‘having negative impacts,’ to put it mildly, should take note and step aside.”

A clean election process is central to the success of a free society, said Commissioner Laura Blaney, D-South, adding the stakes don’t get any higher.

“The two reports lay bare the worst example of public service failure I have ever seen — ego, nepotism, lack of accountability, self over service, and a general lack of respect for others,” she said, adding the county needs to take the report very seriously.

“This is not the time for duck and cover. This is a problem that has been brewing for years, and there are no signs of willingness from a few of the more seasoned players to put down swords and work together. It’s still an incredibly toxic atmosphere,” Blaney said.

She hopes to see the resignations suggested in the report and the passage of Soliday’s bill, which has cleared the house and awaits passage in the senate.

“I look forward to being part of the bipartisan effort of true public servants, and we have many good ones, led by Clerk Jessica Bailey, to restore voter confidence and fix this monumental problem,” she said.

03122018 - News Article - Video captures shouting match before Porter County Election Board meeting






Video captures shouting match before Porter County Election Board meeting
Post-Tribune
March 12, 2018
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-porter-county-officials-shout-st-0313-story.html



A video recorded before Friday’s Porter County Election Board meeting shows Democrat J.J. Stankiewicz, president of the board, berating Clerk Jessica Bailey and accusing her of not doing her job to ensure there are enough poll workers for the upcoming municipal primaries.

Stankiewicz’s exchange with Bailey, which escalated into a shouting match, takes up the first 10 minutes of the 20-minute video, until Bailey, also a Democrat, and board attorney Monica Conrad leave the room.

During the last five minutes of the recording, an exchange between Stankiewicz and David Bengs, the board’s Republican representative, Stankiewicz refers to Bailey as “a pimple” and nothing more than a secretary on the election board.

The Post-Tribune received the video after submitting an Access to Public Records Act request to the Porter County Board of Commissioners. The video was recorded in the commissioners chambers.

In light of the video, some Republican Party officials are asking for Stankiewicz to step down or at the very least apologize, but Democrat Party Chair Jeff Chidester said any apology would be up to Stankiewicz, and he won’t ask him to resign. Stankiewicz is Chidester’s appointment to the board.

County officials are putting a strong emphasis on making sure the municipal primaries run smoothly after an array of problems during the November general election, including late-opening polls and election results that came in three days late because 18,000 absentee ballots were not taken to precincts to be counted on Election Day.

The focus of the Friday election board meeting was putting a Duneland School Corporation referendum on the ballot, which put the final tally on the number of poll workers at 306.

During the discussion between Bailey and Stankiewicz before the meeting, Bailey repeatedly said that she has reached out to the county’s party chairs to secure poll workers, as that’s their responsibility, and her office is to fill any slots left after that.

“You haven’t talked to anybody to start calling,” Stankiewicz said.

Bailey replied it’s not up to her to get poll workers and when people call her office asking about working, she tells them to call the party chairs.

“Quit the crap,” Stankiewicz said.

“You’re not going to treat me that way,” Bailey replied.

On Monday, Bailey said she wasn’t sure why Stankiewicz was “irate,” but a lot of people are working together toward the goal of a good election and to put out the impression that she’s not working is false.

Stankiewicz’s behavior before the meeting was not acceptable, Bailey said, and added their relationship going forward could be tense.

“Unfortunately, Porter County is very apprehensive about the election process after what happened last year. It’s very upsetting because this just adds gas to that fire, and a lot of things are going on behind the scenes” to make the election a success, she said.

For people to infer from the video that Bailey isn’t doing her job is incorrect, she said.

“It definitely showed the worst of what politics can be. It didn’t show all the work everyone put in,” she said. “Unfortunately, it showed all the stigma we’re trying to avoid.”

Stankiewicz referred to the exchange as a “dust up” Monday and reiterated that Bailey has not been in contact with the party chairs, a point both chairs said was inaccurate.

He said he doesn’t want the election board to be blamed for an administration not having enough poll workers, and wants to avoid the problems that plagued the last election.

As far as what was captured on the video, Stankiewicz appeared unapologetic.

“I’m following the law and I’m going to make sure there are workers at the polls,” he said. “If anyone’s feelings are getting hurt, they ought to consider why they took the job in the first place.”

He did not return a call seeking further comment on requests for him to apologize or step down.

Porter County Republican Party Chair Michael Simpson called the video “reprehensible” and said he’s never been more appalled.

“Based on those comments, he owed Jessica an apology and he should resign,” Simpson said, also calling Stankiewicz “a misogynist.”

He also said he’s been in regular contact with Bailey about the need for poll workers.

“J.J. is a liar. I’ve had repeated conversations with her. I’ve had email correspondence with her,” Simpson said, adding he will have names to her for both early voting and Election Day. “We’re on task and we’re on point and she has been fully in communication with me and my team.”

Bengs serves as the board’s vice president and Bailey serves as its secretary, Bengs said, but all three have equal votes on the board. He added the comments about her duties were “totally unnecessary.”

“That’s totally inaccurate and J.J. should apologize for that comment. Whoever the clerk is has full authority on the election board,” Bengs said, adding coming up with a list of poll workers is not her responsibility, something he also pointed out to Stankiewicz in the video.

Stankiewicz has served on the election board since before Chidester became party chair, Chidester said, and has been through good and bad elections.

“People are tense about things,” Chidester said, referring to the problems in November and potential changes in how elections are handled, pending legislative action.

He won’t ask Stankiewicz to resign.

“If he feels the need to make an apology, I’m sure he’ll step up and do it,” Chidester said.

He has been in contact with Bailey about poll workers, he said, and he has been getting out the word about poll workers at precinct committee meetings, and a call-out is on the party’s website and Facebook page, as well as the Valparaiso Democratic Committee Facebook page.

“I have always understood that has been my job since 2007, and I’ve always done that,” Chidester said.

03012019 - News Article - Ex-Portage mayor convicted of bribery seeks new trial, claiming insufficient evidence and prosecutorial misconduct






Ex-Portage mayor convicted of bribery seeks new trial, claiming insufficient evidence and prosecutorial misconduct
Chicago Tribune
March 01, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-acquittal-motion-st-0302-story.html


Portage’s convicted former mayor wants a federal judge to throw out two convictions and order a new trial, citing prosecutorial misconduct and insufficient evidence.

Defense attorneys for James Snyder on Thursday filed a request for a new trial and made a renewed push for a judge to acquit the former mayor of bribery and obstructing the IRS. The defense argued that by not calling two men who paid Snyder $13,000, for what Snyder said was consulting services, after a deal to sell Portage garbage trucks, the jury did not get to hear a full telling of the events, according to court documents.

“The government went to great lengths to provide only circumstantial evidence, even where it had direct evidence available to it,” said defense attorney Jackie Bennett Jr., in court filings. “As a result, the jury was asked to speculate as to Mr. Snyder’s guilt. A guilty verdict could stem only from the jury piling inference on inference.”

On Feb. 14, a federal jury convicted Snyder of bribery and obstructing the IRS, bringing an end to his 19-day trial. Snyder was convicted of taking a $13,000 bribe in exchange for contracts to sell five garbage trucks to the city, and using a shell company to hide income and assets from the IRS while owning back personal and business taxes.

During the trial, prosecutors did not call the two men who then owned Great Lakes Peterbilt, Bennett said, and the absence of that evidence made the case “insufficient.”

“Beyond not calling the Buhas (Robert and Steve Buha, former owners of Great Lakes Peterbilt), (Assistant U.S. Attorney Jill Koster) revoked their immunity and coerced them into silence, unsubtly hinting that she would attempt to prosecute them for perjury if they repeated their grand jury testimony at Mr. Snyder’s trial,” Bennett said.

Prosecutors say that when Snyder ran for mayor in 2011, he told residents he planned to automate Portage’s trash pickup, but wound up steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbilt, which was then owned by the Buhas.

Once those contracts were awarded, Great Lakes Peterbilt paid Snyder $13,000.

Bennett said the Buha brothers could have testified about the work Snyder did for their business. Once the trial start, Bennett said that had revoked the brothers’ immunity, and they intended to invoke their Fifth Amendment rights to avoid incriminating themselves.

Snyder’s defense also questioned the evidence in the obstructing the IRS case.

A second count said that Snyder, while owing tens of thousands of dollars to the IRS, funneled income through a shell company, and failed to disclose any of those assets to the IRS.

The jury acquitted Snyder of a third count that alleged he took a $12,000 bribe to get a company on Portage’s tow list.

Federal prosecutors said the mayor allegedly solicited money from John Cortina, of Kustom Auto Body in Portage, and “Individual A” and gave them a towing contract for Portage.

Cortina, 79, who was indicted alongside the former mayor, in January pleaded guilty to a charge that he paid bribes to Snyder to get a spot on the tow list. Cortina did not testify during the trial, invoking his Fifth Amendment right to not incriminate himself, according to court documents.

08132023 - News Article - Former Portage Mayor James Snyder asks US Supreme Court to consider his case

  Former Portage Mayor James Snyder asks US Supreme Court to consider his case Chicago Tribune  Aug 13, 2023 https://www.chicagotribune.com/...