Sentencing delayed for former Suffolk DA Spota, top aide 

A federal judge has delayed for almost two months the sentencing of former Suffolk District Attorney Thomas Spota and a top aide for their convictions connected to the coverup of a prisoner beating by former Suffolk Police Chief James Burke.

U.S. District Judge Joan Azrack, in a ruling filed Tuesday in federal court in Central Islip, moved the sentencing of Spota and the former head of his anti-corruption unit, Christopher McPartland, from April 30 to June 25 at the request of their defense attorneys. Federal prosecutors had no objection.

Azrack acted on a request by Spota’s lead defense attorney, Alan Vinegrad, who said he would be engaged in an unrelated civil trial until early May, and anticipated needing additional “time to prepare a substantial sentencing submission on Mr. Spota’s behalf” and for the judge and prosecutors to review it.       

McPartland’s lead attorney, Larry Krantz, joined in the request on behalf of his client, saying “the sentencing issues for both defendants significantly overlap. Therefore, it would be judicially efficient and fair to both defendants if their respective sentencing remained on the same schedule.”

John Marzulli, a spokesman for Eastern District federal prosecutors, declined to comment Wednesday.

Spota, 78, of Mt. Sinai, and McPartland, 54, of Northport, were convicted in December of all counts in the indictment for their roles in the cover-up of the 2012 beating of the prisoner, Christopher Loeb.

The counts included conspiracy, obstruction of justice, witness tampering, and accessories to the deprivation of the civil rights of the victim.

Both Spota and McPartland could get up to 20 years in prison when sentenced, but would probably get much less under federal sentencing guidelines.

Burke was sentenced to 46 months in prison, which he completed, for obstruction of justice and violating the civil rights of Loeb. 

Such delays in sentencing are not unusual in federal court. Last week Azrack granted a delay in the sentencing of former Nassau County Executive Edward Mangano, and his wife Linda, at the request of federal prosecutors who wanted more time to reply to defense motions on the corruption convictions.

The prosecutors said their request for additional time in the Mangano case was “unfortunately unavoidable” because of the “complicated legal issues” raised by the defense — a possible reference to a recent federal appeals court ruling throwing out several counts in the unrelated corruption case of former New York State Assembly Speaker Sheldon Silver.

Kevin Keating, the defense attorney for Edward Mangano, has argued that the ruling in Silver’s favor directly parallels most of the charges of which the former county executive was convicted. The recent higher court decision involved the statute of limitations on what is considered a corrupt political act.

By Robert E. Kessler

Robert.Kessler@newsday.com

Bob Kessler covers federal law, including law enforcement agencies such as the FBI, DEA, IRS and ATF, as well as the federal courts.