04222019 - News Article - Convicted former mayor contends prosecutors' improper conducted scared witnesses

Convicted former mayor contends prosecutors' improper conducted scared witnesses
NWI Times
April 22, 2019
https://www.nwitimes.com/news/local/crime-and-courts/convicted-former-mayor-contends-prosecutors-improper-conducted-scared-witnesses/article_cbc73cfa-56ec-5ac7-9141-ccc9c2b912a0.html2019

HAMMOND — Convicted Portage mayor James Snyder is claiming prosecutors played games with two potential witnesses, scaring them from taking the witness stand on his behalf.

In the latest filing in U.S. District Court over the weekend, Snyder's defense team contends Assistant U.S. Attorney Jill Koster's statement "The government does not believe that they have been truthful," regarding Steve and Bob Buha's grand jury testimony was enough to scare them off from testifying at trial.

The brothers owned Great Lakes Peterbilt. Snyder was convicted of taking a $13,000 bribe from the brothers in exchange for steering more than $1 million in garbage truck bids to them.

"When a friend tells you that you are untruthful, you blush. If a spouse says it, you prepare an apology. But when a federal prosecutor says, 'I believe your story is untruthful,' it has an inescapable import. That statement is no different than saying, 'If you repeat the story I heard you say before, you are committing a felony punishable by up to five years in prison'," reads Snyder's latest reply to the government's response in his motions for the judge to either set aside the jury's verdict and acquit him or grant him a new trial.

Koster's statement, Snyder's defense team wrote, caused the Buhas to take the Fifth Amendment. Had the brothers testified, they contend, they would have told the truth.

"The reasons that did not happen lie entirely with the government. Mr. Snyder did everything he could have to get the Buhas into the trial. The government could have easily made it happen. It did not happen because the government wanted it that way," reads the document.

Snyder was convicted Feb. 14 after a 19-day trial. In addition to the bribery charge, he was found guilty on federal tax obstruction. He was acquitted on a pay for tow bribery charge. His sentencing is set for May 24.

In addition, the document contends prosecutors didn't have enough evidence in some instances and expected jurors to fill in the gaps with speculation. It also contends several legal errors were made because prosecutors were wrong about state municipal, corporate and insurance law.