Snyders take the stand before case goes to jury

by Troy Kehoe (tkehoe@wsbt.com)

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David Snyder trial

David Snyder waits outside the courtroom on Wednesday, July 30, 2008. He is on trial for battery and felony intimidation. (WSBT photo)

Story Created: Jul 31, 2008 at 11:52 AM EST

Story Updated: Jul 31, 2008 at 10:45 PM EST

SOUTH BEND — The jury has reached a verdict in the battery and intimidation case against a former Roseland Town Council member.

David Snyder was accused of hitting and threatening fellow councilman Ted Penn at the Roseland Town Hall early last year.

After almost two hours of deliberations, the jury found him guilty of misdemeanor battery, but not guilty of felony intimidation with the threat to kill.

Thursday, defense attorney Ed Hearn first called Mark McCoy to the stand, a Roseland resident who says he had a conversation with Ted Penn.

"He said the seat on the council was already paid for, and he was going to put Snyder away, any way he had to,” McCoy testified under oath. “[He said] ‘I'll force an altercation with him.’"

Thursday afternoon, Dorothy testified that Russell Snyder, David's father, was the one she saw kicking Penn in the head, mouth and groin.

Judge: "Did you see Reverend Snyder involved in this altercation?"
Dorothy Snyder: "Do I have to answer that?"
Judge: "Yes."
Dorothy Snyder: "He kicked Ted Penn in the groin. He kicked Ted Penn in the mouth."
Prosecutor: "Is this the first time you've told anyone about this?"
Dorothy Snyder: "Yes."
Prosecutor: "Is this the first time you've told the prosecutor's office or law enforcement about this?"
Dorothy Snyder: "Yes."

After a lunch break, David Snyder took the stand in his defense.

"Penn lunged out at Mr. Pocious and accosted him. He was yelling and swearing the whole time," he testified. "He took a swing at me; I never swung at him. He grabbed my shirt and pulled me into the office area. He fell onto me. That's when I believe I twisted my ankle."

"He was a madman," Snyder continued. "He was flailing about and swearing."

Defense attorney: "Did you hit Mr. Penn?"
David Snyder: "No."
Defense attorney: "Did you kick Mr. Penn?"
David Snyder: "No."
Defense attorney: "Did you lean down and whisper into Mr. Penn's ear?"
David Snyder: "I did bend down, but I didn't whisper. I said 'Are you OK?' He told me to leave him alone."

The prosecutor then asked David Snyder if his father Russell kicked Ted Penn, as Dorothy Snyder had testified.

Prosecutor: "Was your father in there kicking Mr. Penn?"
David Snyder: "I did not witness that."

Both Dorothy and David Snyder refused to speak to the media following their testimony Thursday.

But David Snyder did say on the stand, "I didn't want to take the stand, but it's nice to finally get my story out. The media has done such an effort to destroy Roseland. My future rests in the hands of the jurors, and I'm afraid. I'm afraid they won't believe me. I've told the truth. All of it."

As he left the stand Wednesday, Penn said he told the truth, "As God is my witness."

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