As federal prosecutors played a series of undercover recordings documenting an alleged $12,000 bribe paid to Portage Mayor James Snyder, defense attorneys cried foul over the evidence.

During the 10th day of Snyder’s public corruption trial in Hammond’s federal court, the mayor’s defense attorneys say that the undercover recordings should be excluded as hearsay, especially since John Cortina, of Kustom Auto Body in Portage, might not take the stand, leaving the defense unable to question him.

Judge Joseph Van Bokkelen said he will let federal prosecutors continue to play the tapes, which were made by Scott Jurgensen, of Samson’s Towing, who was cooperating with the FBI.

Defense attorney Jayna Caioppo said if Cortina doesn’t take the stand they cannot cross examine him, and the FBI agent walking the jury through the tapes has “zero knowledge” of the events.

Cacioppo said Snyder does not need to put on a defense as it is the government’s burden to prove any alleged crimes. She said forcing the defense to call a witness could be a constitutional violation.

Assistant U.S. Attorney Philip Benson said the prosecution is “leaning toward” not calling Cortina, but has not made a decision.

Van Bokkelen said he would let the case proceed and address that issue as the trial moves along.

“I think this issue has not been teed up,” Van Bokkelen said.

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 in November 2016, pleaded guilty last month 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.

On Jan. 28, 2016, Jurgnsen brought Cortina his portion of the $12,000 that would go to Snyder. Cortina got two bank checks, one for $2,000 for the mayor’s roundtable group and another for a $10,000 donation.

“When the feds look at this, it looks like a donation,” Cortina said to Jurgensen.

Cortina called Snyder to arrange a time to drop off the checks.

“Christmas is here,” Cortina said to Snyder. “I’ve got Christmas.”

Despite the alleged bribe, Jurgensen and Cortina did not get on the Portage’s tow list until August 2016, but the recordings have Cortina insisting the mayor is on it.

“Nothing’s happening yet,” Cortina said, in a Feb. 22, 2016, conversation. “It’ll happen.”

During an Aug. 9, 2016, meeting, the confidential source recorded a conversation with Cortina where the two discussed the $12,000 payment and getting on Portage’s tow list, according to court documents.

“Uh, I asked the mayor last night if he needs anything. He says he doesn’t need anything,” Cortina said, on the Aug. 9 recording. “So forget it. We gave $12,000.”

“Yeah, I know,” the source said.

“We gave $12,000. I’m, I’m gonna (unintelligible),” Cortina said.

“We, and we gave $12,000 and we got nothing,” the source said.

“Yeah, I know,” Cortina said.

“Until today,” the source said.

“Well, ‘till today,” Cortina replied.

In a later recording, Cortina said the mayor called the money “a loan” but he called it “juice money.”

On Tuesday, jurors heard from Jurgensen, who worked with Cortina to get on Portage’s tow list and together paid an alleged $12,000 bribe. Jurgensen was cooperating with the FBI.

Jon Snyder, the mayor’s brother and the Porter County assessor, said that Cortina reached out to him about getting on Portage’s tow list, but he said he didn’t want to get involved. Jon Snyder contacted the FBI and began cooperating against his brother.

Before prosecutors moved onto the alleged towing bribery scheme, they wrapped up testimony on a second bribery count that claimed the Snyder steered a city contract to one firm and netted himself a $13,000 kickback.

Prosecutors say that when Snyder first ran for mayor, he told residents he planned to automate Portage’s trash pickup, but would 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.

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.

Defense attorneys say that Snyder used his experience in offering health insurance to city employees through the Affordable Care Act, and making technology upgrades to advice Great Lakes Peterbilt about making similar changes.

Snyder is also charged with obstructing or impeding the IRS, according to court documents.

clyons@post-trib.com

Twitter @craigalyons