Former Portage Mayor James Snyder said he “has never received a fair trial” in his continued push for a new trial on an IRS charge, according to court filings.
Snyder asked for a new trial on his conviction for defrauding the IRS in federal court filings late last month. Federal prosecutors, in their response, said his request is untimely and without merit.
This is the latest chapter in a saga that began nine years ago when Snyder was indicted on one count of defrauding the IRS and two counts of bribery, one involving towing contracts and the other involving garbage trucks.
A jury in U.S. District Court in Hammond found Snyder not guilty on the charge involving the towing contract, and convicted him twice on the garbage truck charge, a case that made its way to the U.S. Supreme Court, which deemed in June of last year that the $13,000 payment Snyder received over a garbage truck contract was a gratuity, not a bribe, because the payment came after the contract and not before. The case was remanded to the lower courts.
A jury convicted Snyder on the IRS charge, which involved his personal business and not his duties as mayor at the time, and that conviction had remained unchallenged.
Snyder was scheduled to go to trial for a third time on the charge involving the garbage truck contract, but prosecutors have said they would like to sentence Snyder for obstructing the IRS and forgo a third trial on his bribery charge.
Snyder, awaiting sentencing on the IRS conviction, which has been repeatedly pushed back, argued in an Oct. 31 filing that he wanted a new trial on the IRS charge because the information presented on the bribery charges could have improperly swayed the jury.
The U.S. Attorney’s Office argues that Snyder’s request “is both untimely and meritless.”
“Now, after the parties agreed to proceed to sentencing on the tax count and have begun their sentencing advocacy before this Court, defendant seeks leave for additional motion practice to challenge his 2019 conviction,” prosecutors said in their filing. “Defendant wants this Court to grant the extraordinary remedy of overturning a jury’s verdict setting the case for multiple new trials.”
Snyder “failed to raise the issue of misjoinder or severance (of the charges) before trial in 2019,” prosecutors said.
He also made a “strategic decision” to go to trial on all of the counts rather than arguing at the time for the counts to be separated for trial, prosecutors said. “Defendant thus waived any claim to improper joinder by failing to make this argument before trial,” prosecutors said.
In response, Snyder filed a motion Friday requesting the court hear his motion for a new trial. Snyder’s motion states that prosecutors “charged him with bribery for conduct that ‘any fair reader’” of the law “would be left with a reasonable doubt” if a crime was committed.
“The result was a trial that was infected with constitutional error. And now that the Government has lost before the Supreme Court, it wants to use the conviction on (the IRS charge)…as a backdoor opportunity to bring in evidence of the overturned (bribery charge) instead of allowing him what he has never received – a fair trial on the tax count.”
While prosecutors stated that “the parties agreed to proceed to sentencing on the tax count,” Snyder’s lawyer wrote he never agreed to that.
“Mr. Snyder only agreed that the interests of justice call for an end to this prosecution,” his attorney wrote. “He specifically objected to the Government’s proposed use of unproven bribery allegations to enhance his sentence on the tax count. He never agreed to waive his constitutional right to a fair trial on the tax count, nor should he be compelled to do so.”
Snyder, a Republican, was first elected mayor in 2011 and reelected in 2015, a term cut short by his federal conviction in February 2019.
Snyder received a sentence of 21 months in prison for the bribery and IRS convictions and a year on supervised release from U.S. District Court Judge Matthew F. Kennelly of the Northern District of Illinois.
Snyder successfully argued that the start of his sentence should be postponed until his bid to have the Supreme Court hear his case was complete.
akukulka@post-trib.com