UPDATE: Secret audio recordings played in Portage mayor's public corruption trial; co-defendant may not testify
NWI Times
February 01, 2019
https://www.nwitimes.com/news/local/crime-and-courts/he-owes-me-secret-recordings-played-for-jury-in-mayor/article_62fe5d3b-afaf-53a4-818b-5d41405d3671.html
HAMMOND — Secret audio recordings played for jurors Friday of John Cortina, Portage Mayor James Snyder's co-defendant in Snyder's public corruption case, drew persistent objections by Snyder's defense attorney.
Defense attorney Jayna Cacioppo told U.S. District Court Judge Joseph Van Bokkelen that accepting the tapes as evidence, but not calling Cortina to testify, would not give Snyder's team a chance to cross examine Cortina.
"They are using the testimony against my client with no chance to cross-examine him. To the extent the way we are handling it, the way the government is putting on its case, they are forcing us to put on a case," Cacioppo said.
Cortina pleaded guilty to paying Snyder a bribe, but Cortina might not take the witness stand to tell the jury his side of the story. Assistant U.S. Attorney Philip Benson said the government is not committed to calling Cortina, and the decision would be made only after cross-examination.
Friday's testimony in federal court centered on the $12,000 Cortina has admitted paying Snyder for a spot on the towing list for himself and FBI informant Scott Jurgensen.
The testimony, however, came by way of secretly recorded audiotapes in which Cortina can be heard telling Jurgensen, "He owes me," referring to Snyder and the alleged bribe-for-towing scheme.
The excerpt was one of dozens played for the jury throughout the 10th day of the trial in U.S. District Court.
The tapes were continually objected to by Snyder's defense team, especially after it was learned government prosecutors may not call the 79-year-old Cortina to the stand to testify against Snyder.
Court officials and attorneys also conferenced with Cortina's attorney, Kevin Milner, as to whether Cortina would be available to testify.
The audiotapes were introduced through the testimony of FBI special agent Nathan Holbrook, who was Jurgensen's handler during several bribe-for-towing investigations in the Region.
"The government has the right to proceed. I don't think I have to make a ruling now," Van Bokkelen said, adding he could rule later as the trial progressed.
The audiotapes primarily covered Jan. 26, 2016, through Sept. 6, 2016, and were predominantly conversations between Cortina and Jurgensen on how to get on the city's tow list, frustrations over how long it took to get on the list after paying Snyder $12,000 and finally, after getting on the list, what they might do to maintain the status.
One tape, from May 2014, featured a conversation between Snyder and Jurgensen, ending with Snyder suggesting he would talk to Cortina about partnering with Jurgensen to win a spot on the Portage contract.
The tapes, which were often inaudible in the courtroom due to quality or background noises, also featured conversations with Portage Police Chief Troy Williams and Joe Calhoun, former director of administration for the city.
Jurors were given transcripts of the audiotapes.
Snyder, who pleaded not guilty to this and a second bribery charge and a tax obstruction charge, has contended the money he received from Cortina was a combination of a donation to his campaign account and a loan to help pay Snyder's attorneys.
Cortina, who was indicted along with Snyder in November 2016, pleaded guilty to paying a bribe to Snyder earlier this month and is expected to be sentenced in April.
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