Government rests, defense calls first witness in Portage mayor's bribery trial
Chicago Tribune
February 06, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-trial-day-thirteen-st-0207-story.html
Federal prosecutors rested their case Wednesday against Portage Mayor James Snyder as the defense called its first witness.
Portage Police Chief Troy Williams, dressed in his department uniform, took the stand Wednesday afternoon at the Hammond federal courthouse as the defense’s first witness.
Attorney Jayna Cacioppo asked if Snyder directed Williams to take police department vehicles to Kustom Auto Body, owned by John Cortina, to have work done.
“Not at all,” Williams said.
Williams testified for roughly an hour Wednesday after the government finished presenting its case on the 13th day of Snyder’s jury trial.
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 was not called as one of the government’s witnesses.
Prosecutors wrapped up their case by finishing testimony from Kevin Farthing, owner of Waffco Towing in Lake Station, who they say was bumped from the Portage tow list after another firm gave the mayor a $12,000 bribe.
The government also recalled an IRS agent who helped investigate campaign fiances in the case.
Williams then testified for the defense that he met Snyder around 2010 or 2011, and he agreed to support Snyder in his 2011 mayoral campaign. Williams donated about $300 to Snyder, he said.
“I wanted to see a change,” Williams said.
Williams later became police chief in 2012. Towing was not a major focus for Williams when he took over the role, he said, instead leaving day-to-day towing operations to a major in the department. Williams said he would step in if a new tow firm came was signed on.
Williams and the mayor had a say on who was on the tow list, he said, but the agreements they had with the companies were “nonbinding” and were “at will.”
Multiple businesses would offer services or help to the police department for free or at discounted rates, including Cortina’s, Williams said. Cortina was friendly and asked “hey, is there anything I can do for you? Let me know,” Williams said.
Cortina painted vehicles for the department, including a prisoner transport van and a Humvee, according to Williams. Cacioppo asked if Williams offered to pay Cortina for the work he did.
“I’m certain that I did,” Williams said. Had Cortina submitted an invoice, “we’d be happy to pay it,” he said.
A department vehicle used for undercover and surveillance had “flashy” rims, Williams said. The chief called Cortina to ask who could get those changed, and Cortina told him to bring the vehicle to Kustom Auto Body, Williams said.
Cacioppo asked if Williams asked Cortina to do the work for free.
“Never,” Williams said.
Williams said he brought a personal vehicle to Cortina once. Williams’ wife’s vehicle had “rust spots” on it. The chief said he chose to bring the vehicle to Cortina because he knew he did good work and was a local business.
Cacioppo asked if Williams and his wife offered to pay for the work.
“Absolutely we did,” Williams said.
When Cortina “refused to take payment,” Williams said his wife sent pizzas and pop to the business the next day.
Before the defense called their first witness, Vivek Hadley, another attorney on Snyder’s defense team, made arguments for a judgement of acquittal. Hadley argued that some evidence was improperly admitted and that the government had not proved its case.
“We do not believe the government has shown quid pro quo,” Hadley said.
Hadley argued that prosecutors had not shown intent and had stretched the bounds of the statutes that Snyder is charged with so far that any campaign contribution could be considered illegal.
“A political contribution can be a bribe,” Assistant U.S. Attorney Philip Benson said.
Benson argued that there was an agreement with the mayor that Cortina would get on the Portage tow list, and Waffco would get kicked off.
Snyder was in a “terrible financial situation,” Benson said. When Snyder received $12,000 from Cortina that was designated as a campaign contribution and as a loan, Snyder went and paid his attorney, Benson said.
“That’s motive. He needed the money,” Benson said.
Judge Joseph Van Bokkelen took the acquittal motion under advisement.
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