Potential jurors screened for ex-Suffolk DA Spota's obstruction trial

Three hundred potential jurors came to the federal courthouse in Central Islip Wednesday to begin jury selection in the upcoming trial of former Suffolk District Attorney Thomas Spota and his chief aide Christopher McPartland.

Spota and McPartland are accused of helping to cover up the beating of a man by Spota’s protégé, former Suffolk police chief James Burke.

The potential jurors filled out a questionnaire asking if they had “any connection” with almost 100 people on a list that included several prominent Long Island politicians. 

The list does not necessarily mean those on it would play a significant role in the trial, scheduled for Nov. 12. But a small number of those listed could be potential witnesses or simply mentioned in testimony. The process is designed to help ferret out any relationship that could prejudice a potential juror.

Among those politicians named were Suffolk County Executive Steve Bellone, former Suffolk County Executive Steve Levy, former Sheriff Vincent DeMarco, Rep. Kathleen Rice (D-Garden City), and Suffolk Legis. Robert Trotta (R-Fort Salonga).

The overwhelming number of names, however, were those of current or former police officers, police union officials, parole officers, and members of the Suffolk District Attorney’s Office. The list also included defense attorneys and medical doctors.

Given that the trial is expected to last at most four weeks, it is unlikely only a fraction of those listed would actually testify.

Spota, 78, of Mount Sinai, and McPartland, 53, of Northport, each have been charged and pleaded not guilty to the same four federal felonies: conspiracy to tamper with witnesses and obstruct an official proceeding; witness tampering and obstruction of an official proceeding; obstruction of justice; and accessory after the fact to the deprivation of civil rights.

Federal prosecutors in court papers also have said their case rests, not on any prominent figures, but on the premise that the two defendants arranged “for high-ranking members of the SCPD and union officials to interact with potential witnesses … to gather further information and control the flow of information.”

In addition, prosecutors have said their two key witnesses against Spota and McPartland are former unnamed members of the Suffolk police department who are cooperating with the government after pleading guilty to obstruction of justice, along with “dozens of witnesses … fully corroborated by numerous sources of evidence … including telephone call detail records, cell site records, photographs, financial records … ."

The juror questionnaire also asks what a juror’s attitude is toward alcohol abuse. This unusual question indicates that one or more of the participants in the case might have a history of alcoholism that could affect a juror's attitude.

The questionnaire also asked potential jurors about their background, attitudes toward the defendants, if any, and other personal matters to help with screening by prosecutors, defense attorneys, and the judge — all in an effort to reduce the juror pool.

U.S. District Judge Joan Azrack has said she intends to start the trial on the scheduled date with final jury selection to be followed by opening statements. 

Burke had served most of a 46-month federal sentence and was released last year after pleading guilty to obstruction and civil rights violation. He was charged with violating the civil rights of Christopher Loeb, who had broken into Burke’s police SUV and stolen his duffel bag containing a gun belt, ammunition, a box of cigars, sex toys and adult pornography.

Spota and McPartland have each been released on $500,000 bond since they were arrested and charged in October 2017.         

In between the morning and afternoon sessions with jury selection, Azrack held a sealed hearing on a number of pretrial motions.

It is not unusual for some hearings on pretrial motions to be barred to the public or the media. One reason is to prevent jurors from being prejudiced by issues or potential witnesses that eventually do not figure in the actual trial.

The potential jurors were also introduced to the main participants in the case.

Among those briefly introduced were the defendants; the presiding judge; and federal prosecutors including Eastern District Assistant U.S. Attorneys Lara Treinis Gatz, Nicole Boeckmann, Justina Geraci and Michael Maffei.

The potential jurors were also introduced to the defense attorneys — Spota’s attorneys: Alan Vinegrad, Erin Monju, and Sarah LeMaster; and McPartland’s attorneys: Larry Krantz, Bradley Gershel and Lisa Cahill.   

Spota, McPartland, defense attorneys and prosecutors did not comment after the proceedings.

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.