Disclose investigative documents in Levy-Spota non-prosecution agreement

Dashiell Hammett would have loved the mysteries of Suffolk politics. The late novelist wrote “The Maltese Falcon,” a dark story adapted into the classic Humphrey Bogart movie. In it, Bogart as Sam Spade tries to unravel the mystery and other characters jostle to get hold of the falcon. In the end, the big reveal was that there was nothing of substance.

For years, the biggest mystery in Suffolk has been why Steve Levy suddenly stepped down as county executive in 2011. And now, after a court battle to find out the truth, some of the secrets in the case are finally being revealed. But not all.

The scant two-page non-prosecution agreement disclosed this week leaves the public with few answers, evoking the same frustration over the elusive Maltese falcon. 

Levy was forced to resign by then-Suffolk County District Attorney Thomas Spota, his political enemy, in an extraordinary move that sets a dangerous precedent for anyone in public office. The newly revealed document mentions “allegations involving campaign-fund issues” and other ambiguous allegations of “improper lobbying.”

But Levy was never charged. These mere allegations are never spelled out in any detail and left deliberately, cynically vague. Nor did county residents ever get the chance to find out in an adversarial legal system whether their top executive was a crook. Instead, the non-prosecution agreement called for Levy to return his nearly $4 million in campaign funds along with an attached written statement by Levy promising not to run again for reelection. This example of star chamber justice forged in secrecy should be of concern to everyone. 

The search for the truth in the Levy case began not with a review by the Suffolk County Legislature or some other oversight agency, but rather through a Freedom of Information request initiated by Newsday and pursued through the courts. For reasons of their own, both Levy and the current District Attorney Ray Tierney objected to the release of this non-prosecution agreement. Ultimately, a decision in January by a state Appellate Court prompted the disclosure.  

The will of Suffolk voters in electing Levy as county executive was effectively negated in a deal engineered by Spota, a corrupt prosecutor who now sits in federal prison on other charges. In his case, though, Spota was duly judged and convicted in open court by a jury of his peers, something that wasn’t allowed in the Levy case. Going forward, there should be a full disclosure of all the remaining investigative documents in the Levy case, not just these two pages briefly hinting at the scope of Spota’s probe.

Unless Levy decides to finally tell his side of this story, why he walked away from his political career will live on as another dark mystery — the stuff schemes are made of.