Tow operator in Portage corruption case sticks with attorney after conflict issue probed
Chicago Tribune
May 03, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-cortina-attorney-conflict-st-0504-story.html
A tow operator indicted with Portage Mayor James Snyder in November 2016 waived his ability to question witnesses who could testify against the mayor.
Federal Magistrate John Martin held a hearing Thursday to remove any concern that John Cortina, of Kustom Auto Body in Portage, would not get adequate legal representation from Kevin Milner because Milner also represented Portage city staffers who were called before a federal grand jury.
Martin said that if Cortina retained Milner, the defense attorney’s prior representation of several potential witnesses, would preclude him from questioning those people during the tow operator’s trial. Martin said Milner will also not be able to use any information he knows about the witnesses to aid Cortina’s defense.
“You will not have a voice to ask that question,” Martin said.
“I understand,” Cortina said.
Assistant U.S. Attorney Philip Benson said he wanted it to be clear that if one of those six potential witnesses says anything derogatory or detrimental about Cortina, that he will be unable to question them.
“That may or may not happen,” Benson said. “Probably not going to happen.”
“Mr. Cortina, do you understand what Mr. Benson is saying?” Martin asked.
“Yes,” Cortina said.
Milner previously represented several Portage employees and the former owners and employees at Great Lake Peterbilt, according to the motion, and federal prosecutors may call one or more of those people as witnesses during the trial.
Prosecutors say Snyder arranged for Milner to represent the city employees, and the city eventually paid for those legal costs.
Martin questioned Milner’s prior clients: Randy Reeder, Portage’s assistant street superintendent; Amanda Lakie, Synder’s administrative assistant; Robert and Steven Buha, former owners of Great Lakes Peterbilt; and Brett Searle and Scott McIntyre, of Great Lakes Peterbilt.
“Mr. Milner will not be able to share any information he has about you six,” Martin said.
Milner said two of the six are represented by another attorney and the other four already have that information.
“They will have an attorney available should they want one,” Milner said.
None of the six raised any issue with needing another lawyer since Milner is representing Cortina.
The motion said Milner’s prior representation of potential witnesses could affect Cortina’s right to an attorney free of conflicts, according to court documents, but the defendant could file a waiver with the court.
Martin said he’d found that Cortina understood what he was waiving.
Snyder and Cortina were charged with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for allegedly accepting $13,000 in connection with a Board of Works contract, and another count for allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
The trial for Snyder and Cortina is tentatively set to start in June, according to court documents.
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