SOUTH BEND — A split verdict in the trial of former Roseland Town Councilman David Snyder has the two sides taking sides all over again. It took two hours Thursday for the jury to reach verdict: guilty on misdemeanor battery charges, but not guilty on felony intimidation charges.

Snyder faced the two counts following a fight at Roseland Town Hall with fellow Councilman Ted Penn on January 5, 2007.

David and Dorothy Snyder were all smiles as they emerged from the courthouse just minutes after the verdict was read, but the two stayed mostly silent.

When asked by WSBT if she had any reaction to the possibility that her testimony on the witness stand Thursday might result in criminal charges being filed against her father-in-law, Russell Snyder, Dorothy Snyder simply said "No, I don't."

Earlier in the day, when Dorothy Snyder was on the stand, St. Joseph County Superior Court Judge Jerome Frese read a question from the jury, asking if Dorothy ever saw David's father Reverend Russell Snyder "involved in the altercation."

The following exchange then took place:

Dorothy Snyder: "Do I have to answer that?"

Judge Frese: "Yes."

Dorothy Snyder: "He kicked Ted Penn in the groin. He kicked Ted Penn in the mouth."

Prosecutor Joel Gabrielse: "Is this the first time you've told anyone about this?"

Dorothy Snyder: "Yes."

When David Snyder took the stand Thursday in his own defense, he had a different reaction to the same question.

Prosecutor Gabrielse: "Was your father in there kicking Mr. Penn?"

David Snyder: "I did not witness that."

Prosecutor Gabrielse: "How close were you to Mr. Penn?"

Snyder then motioned about two feet away.

Prosecutor Gabrielse: "At any time, did you see Russell Snyder doing any kicking?"

David Snyder: "No, I did not."

David Snyder also refused to comment about his father's involvement, referring all questions to his attorney.

But he did answer one question about the possibility that he could still seek a position in government in the future. A felony conviction would have disqualified him from ever holding public office again.

When asked by WSBT if he had any plans to do that in the future, Snyder just smiled and said "Well, I've been approached for President of the United States, but I've declined so far!"

He followed the remark up with a laugh before stepping onto the courthouse elevator to leave.

Snyder's Attorney Edward Hearn did speak at length about the verdict, saying the Snyders were "very pleased with the verdict on count two, but very disappointed with the verdict on count one."

"This case hinged on testimony. Mr. and Mrs. Snyder testified as to what happened. Obviously, the jury rejected that, and did not believe that testimony," Hearn said.

During his opening argument on Tuesday, Hearn told the jury the case was really about politics, and a campaign promise by Penn that he would "get Snyder out of office."

Gabrielse said it was clear the jury disagreed.

"When there's a situation with obvious violence like this, this isn't about Roseland politics. This is about citizens of St. Joseph County, and that's got to be presented to a jury. They made their decision," he said.

Hearn said they made it without crucial information.

Each day during the three day trial, Hearn made motions to exclude, then strike Penn's testimony, or postpone the trial because a list of the medications Penn was taking at the time of the fight was not made available to him until Monday.

Judge Frese repeatedly told Hearn that he could have drug interaction questions answered over the phone in a matter of minutes. He also said he'd issue a subpoena to any "expert" witness Hearn wanted to call.

After the jury was released for the day on Wednesday, Hearn read from a deposition taken on August 15, 2007, where Penn said an anxiety medication he was taking called "Zantac" could "dull his memory."

Zantac is commonly used to treat and prevent stomach ulcers.

But on Thursday, Hearn told Judge Frese one of the side effects of Zantac is listed as "easy bruising" on an online prescription drug database.

Hearn also said it was possible the combination of medications Penn was taking at the time could have clouded his memory of what actually happened.

On Wednesday, Hearn read the following transcript of the deposition taken last year:

Hearn: "Do you recall any other details about that night?"

Penn: "No, not that I recall right now."

Hearn: "Is there anything that might refresh your memory?"

Penn: "Yes. To get off my medications."

Hearn: "What medications are those?"

Penn: "Anxiety medications and other things that dull memory."

Wednesday, Penn changed his story.

"I didn't know how that Zantac was going to affect me," he told WSBT following his testimony on Wednesday. "I wasn't even taking it, even though I said I was. That was my intent, to start taking it that day. But I never did."

On the stand, Penn said he's never had any memory problems.

Judge Frese denied Hearn's motions again on Thursday, but allowed Penn to be questioned about the medications after the jury had been released for a break on Wednesday.

Following the verdict, Hearn said it's possible that could have led to a different outcome in the case.

"We never got a chance to explore that, because we didn't get the information until the trial started," said Hearn. "All of that testimony about Mr. Penn's medication was outside the presence of the jury. The jury never heard any of that. I don't know where it would have led."

When asked if that could be a basis for an appeal on Snyder's behalf, Hearn said "it could be," but that he and his client hadn't made any decisions about filing one yet.

Penn, meanwhile, had a different reaction to the split verdict.

"They only got it half right," he said. "David got half of what he should've got. Am I happy? I don't really care either way. I just wanted him to admit guilt. And the jury had to admit guilt for him."

As for why he feels only "half satisfied?"

"He did say, 'I'll kill you,' replied Penn. "Whether or not the jury found that, it doesn't change the fact of what they know, and what I know. But the jury is the final authority. So, if they say he's not guilty of that, I live with that."

On the witness stand, Penn testified that Snyder leaned down and whispered into his ear, saying "I'm going to kill you. And if you tell anyone about this assault, I'm really going to kill you."

Snyder said just the opposite on the stand Thursday

Hearn: "Did you whisper into Mr. Penn's ear?"

Snyder: "I did bend down. I said 'are you OK? He told me to leave him alone."

David Snyder will be sentenced by Judge Frese on September 3.

He faces up to one year in prison and a fine of up to $5,000.

Penn has also filed a civil lawsuit against Dorothy Snyder and David Snyder's father Russell.

He says no court date has yet been set.