Portage mayor's defense tries to block playing of undercover recordings
Chicago Tribune
February 04, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-trial-day-eleven-st-0205-story.html
Defense attorneys for Portage Mayor James Snyder attempted to block a jury from hearing undercover recordings that prosecutors say further elaborate on the scheme to solicit bribes.
Federal prosecutors said a final round of undercover recordings, which include conversations with Snyder after the FBI conducted search warrants in Northwest Indiana related to towing, lay out the scheme to solicit bribes and favors to get city business. Defense attorneys called some of the recordings “prejudicial” and that playing only portions wouldn’t give the jury a full understanding of events.
Assistant U.S. Attorney Philip Benson said some conversations show that people went to John Cortina, of Kustom Auto Body, to get work done on their cars; how Cortina gave fireworks to the mayor; and other favors.
“It’s really necessary to show this is exactly how towing works in Portage,” Benson said.
Defense attorney Jackie Bennett Jr. said one conversation relates to a police officer getting tires from Kustom Auto Body, owned by Snyder’s co-defendant John Cortina who pleaded guilty to paying bribes.
“There’s no suggestion the mayor had anything to do with it,” Bennett said.
Judge Joseph Van Bokkelen said he would let prosecutors play the tapes.
Snyder was indicted in November 2016 and charged with allegedly violating federal bribery statutes. Federal prosecutors say the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder has pleaded not guilty to the charges, according to court documents.
Cortina, who was indicted alongside the mayor, pleaded guilty to a charge that he paid bribes to Snyder to get a spot on the tow list. Cortina is expected to cooperate with federal investigators against Snyder, according to court documents.
Another series of recordings were made during a meeting between Snyder, Jon Snyder and Cortina the same day that the FBI conducted searches at Kustom Auto Body. That same day, the FBI also searched now-former Lake County Sheriff John Buncich’s office, home, and the yard and residence of a Lake Station tow operator.
Defense attorney Vivek Hadley said they would want more of the conversation introduced than what the government planned to play. Hadley said the conversation includes several times where Snyder explains to Cortina why he should get an attorney after the raid.
Benson said during one of the recordings Snyder tells Cortina to get a lawyer because of how he talks. Benson said the intent of why Snyder would say that to Cortina is clear.
Van Bokkelen said he would not allow the whole conversation to be introduced.
“I don’t think the law’s with you,” Van Bokkelen said.
Starting Friday, federal prosecutors played a series of undercover recordings that document the alleged $12,000 bribe and how Cortina and Jurgensen got on Portage’s tow list.
Defense attorneys have said $10,000 of that was a loan to Snyder’s campaign.
Defense attorney Jayna Cacioppo asked what the difference is between a lawful political contribution and a non-lawful contribution.
“Some political contributions are bribes,” said FBI agent Nathan Holbrook.
Holbrook said the distinction is made if a quid pro quo is attached to the contribution.
Cacioppo asked if it’s typical for the FBI to set up an individual with what that person thinks is a lawful political contribution.
“We’re not trying to set up anyone,” Holbrook said.
The defense pointed out that the alleged bribe was paid in January 2016, but Jurgensen and Cortina didn’t get on the tow list until August.
Benson asked Holbrook, in his experience working other public corruption cases, if it was unusual for such a passage of time.
“It’s not unusual,” Holbrook said.
As the trial entered its 11th day, prosecutors have already presented evidence on two other charges.
Prosecutors say that when Snyder first ran for mayor, he told residents he planned to automate Portage’s trash pickup, but wound up allegedly steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbilt, which was then owned by Robert and Steve Buha. Prosecutors say the deal netted Snyder a $13,000 kickback.
Great Lakes Peterbilt is now owned by a different firm.
After getting those contracts, prosecutors Great Lakes Peterbilt gave Snyder a check for $13,000 payable to his shell company, which state records showed had been dissolved.
Snyder is also charged with obstructing or impeding the IRS, according to court documents.
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