Former Portage mayor appeals federal conviction, denied request to be wordy, records show
NWI Times
Jul 18, 2022
After being denied a request to file an oversized motion, former Portage Mayor James Snyder's legal team has submitted his opening appeal to his bribery and tax violation convictions.
The Seventh Circuit Court of Appeals in Chicago had ordered Snyder to file an opening brief of no more than 28,000 words.
His legal team had requested to file an appellate brief of about 60,000 words, "to accurately and fully present the facts and arguments in this appeal," the document reads.
Snyder argued the brief is atypical in that, "it raises three issues for which there is a split in the Circuits, requiring more than the ordinary word count."
The 44-year-old Republican was granted the right in December to remain free on bond rather than begin serving a 21-month prison sentence while his appeal moves forward.
The sentence given to him Oct. 13 by U.S. District Judge Matthew Kennelly was well below the recommended sentencing guideline of 46 to 57 months.
Snyder was twice found guilty — most recently in March 2021 — of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company.
Federal prosecutors said he also obstructed the Internal Revenue Service’s efforts to collect unpaid taxes on a private mortgage company he ran.
His appellate brief argues, in part, that the lower court erred in denying Snyder's motions to disqualify the trial team and dismiss the indictment based on the government's "intrusion into the Attorney-Client relationship, in violation of Mr. Snyder’s Fourth and Sixth Amendment rights."
"The warrant to seize and search all Snyder's email accounts was overbroad in violation of the Fourth Amendment right to be free from unreasonable searches and seizures," the former mayor argues.
"The government's possession of and access to James Snyder's communications with counsel — both privileged and work product — violated his Sixth Amendment rights to effective assistance of counsel and to a fair trial."
Snyder's defense team further argues, "The evidence at trial did not support a finding beyond a reasonable doubt that Mr. Snyder had accepted a bribe or reward. The Circuits are split regarding whether Title 18, United States Code, Section 666, can be applied to a case where the transaction at issue can at best be described as a gratuity, a charge not brought against Snyder."
The District Court also erred in finding, "that Mr. Snyder’s personal and business tax debts were intertwined for the purpose of extending the statute of limitations and denying the Motion to Dismiss," a court document says.
Snyder claims his rights under the speedy trial rules were violated and that there was insufficient evidence presented at trial.
"The testimony of two IRS Agents, one of whom testified only about IRS forms, was an insufficient basis upon which to find guilt beyond a reasonable doubt with respect to Count 3," Snyder's team argued.
Snyder is requesting his convictions be reversed or that he be given a new trial.
No comments:
Post a Comment