The Court of Appeal rejects a request for bail from ex-DA Thomas Spota and former top assistant

Former Suffolk County District Attorney Thomas Spota and his auxiliary aide, sentenced to five years in prison on corruption charges, will have to go to jail next week after an appeals court rejected their requests to remain bail-free , while appealing their judgments.

The U.S. Court of Appeals for the Second Circuit dismissed in a one-page ruling dated Nov. 23 requests for what is known in the federal system as “bail pending appeal” from Spota and his co-defendant Christopher McPartland. Both men must surrender to the Federal Bureau of Prisons by noon. 14.00 on 10 December.

Spota, 80, of Mt. Sinai, and McPartland, 55, Northport, were found guilty of conspiracy, obstruction of justice, witness manipulation and acting as an accessory to the deprivation of prisoner Christopher Loeb’s civil rights after former Suffolk police chief James Burke was assaulted in a police district in 2012. Federal prosecutors say Spota and McPartland orchestrated a cover-up of the assault on Loeb, then a heroin addict, after Loeb stole a bag containing Burke’s gun belt, ammunition, Viagra, sex toys and pornography. .

In 2016, Burke pleaded guilty to obstruction of justice and deprivation of Loeb’s rights and served most of a 46-month prison sentence.

U.S. District Judge Joan Azrack, who presided over the former Suffolk prosecutor’s 2019 jury trial, last month rejected the request for bail, saying it did not raise significant legal issues that would likely result in a reversal or a new trial, which resulted in the lawyers to seek relief from the second circuit.

Spota’s attorney, Alan Vinegrad, did not respond to requests for comment, and McPartland’s attorney, Larry Krantz, declined to comment. John Marzulli, a spokesman for the U.S. Attorney’s Office for the Eastern District of New York, who had argued that the defendant remains free on bail while appealing, declined to comment on the appellate court’s decision.

Spota’s lawyers had argued that the defendants’ convictions were likely to be overturned on appeal because they were based on “guilt of affiliation” because of evidence that Azrack was allowed to be recorded during the trial with detailed information about “bad actions of Mr. “Burke.”

The Bureau of Prisons last month assigned McPartland to a low-security section of a Texas jail, despite his lawyer’s request that he be placed in a minimum security detention camp, which is generally reserved for nonviolent offenders.

The jail term for Spota has not been revealed in federal lawsuits.

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