Testimony begins in Snyder battery trialby Troy Kehoe (tkehoe@wsbt.com)
David Snyder enters the courthouse on July 29, 2008. He is on trial for battery and intimidation in connection with a fight at Roseland Town Hall in January 2007. (WSBT photo) SOUTH BEND — Testimony began Tuesday in the battery and intimidation case of former Roseland Town Council member David Snyder. Multimedia Related Content
Snyder is accused of hitting and threatening fellow councilman Ted Penn at a meeting last year. He faces one Class A misdemeanor count of battery and one Class D felony count of intimidation with the threat to kill. As witnesses and spectators trickled into the courtroom Tuesday afternoon, it was clear from across the room: Ted Penn and David Snyder just plain don't like each other. Those who know them say that's nothing new. "It just didn't start when Ted got into council. It happened a couple years before that," said Joan Shafer, a friend of the Snyder family. The question now before the jury -- did that "dislike" turn into something more serious following a Roseland Redevelopment Council meeting on January 5, 2007? During his opening statement, Deputy Prosecutor Joel Gabrielse said the answer was simple. "Mr. Snyder began hitting and kicking Mr. Penn while he was on the ground, saying "I'm going to kill you," he told the jury. But Snyder's Attorney Ed Hearn says Penn was the one who tried to hit Snyder. "This case is about a campaign promise by Mr. Penn," Hearn told the jury. "He said, 'if you elect me, I'll get rid of David Snyder.' He told people he wanted to see Mr. Snyder in jail, and he even said 'I'm going to stage an altercation and get him out of office." Hearn also asked Judge Jerome Frese for the second time in as many days to exclude Penn as a witness, or agree to continue the trial at a later date, because he's been unable to secure an "expert witness" who can testify about the medications Ted Penn was taking at the time of the alleged incident. During pre-trial depositions, Penn refused to tell Hearn which types of medications he was taking, or is currently taking. Judge Frese has refused to issue a court order mandating that Penn release that information, citing federal confidentiality laws. "I do not believe case law goes as far as to give counsel the right to subpoena the treating physician and put in jeopardy the doctor-patient confidentiality relationship. And you've not convinced me that a pharmacist or practicing physician or psychiatrist could not tell you in a 10 minute conversation, or by looking at a physicians' desk reference, the information you need," Judge Frese told Hearn. The case never got that far Tuesday. There were only two witnesses called to the stand, both by the prosecution. Former Roseland Police Captain Larry Miller, a 23-year veteran of the department who was interim Town Marshal at the time, was the first officer who arrived at the scene of the alleged fight. He testified that he was dispatched to the scene for an "unknown problem." When he arrived, he said Penn's clothing and hair were "messed up," and that Penn told him he had been "assaulted by Snyder." Snyder, he testified, was sitting quietly in a chair in the Town Hall meeting room. Miller said Snyder told him that Penn had attacked him. During cross-examination by Hearn, Miller testified that Penn had told him on several occasions that he "wanted to see Snyder in jail." Miller also told the jury that he did see some bruises on Penn's head, but did not call for an ambulance, even after speaking with Penn outside the Town Hall. "I did not call for one, because Mr. Penn appeared not to have life threatening or serious injuries at that time," Miller testified. St. Joseph County Police Detective Lance Anderson also took the stand for a brief line of questioning, and testified that during an interview at Snyder's home later that night, the only injury he observed to Snyder was a swollen right hand. Next in line in the search for answers? Ted Penn himself, who would only say Tuesday that "the truth will come out tomorrow." Most PopularMore Good Stuff |
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