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Spellissy's Defense Files A New Motion

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By RAY REYES, The Tampa Tribune

Published: October 27, 2007

TAMPA - The attorney of a former U.S. Special Operations Command official convicted of conspiracy, bribery and wire fraud in 2006 filed a motion Thursday night that he hopes will lead to a new trial for his client.

The motion follows up on one filed Oct. 6 in which John McGuire, attorney for retired Army colonel Tom Spellissy, seeks a new trial and a stay of Spellissy's sentence. The Oct. 6 motion was filed on the grounds that the government tampered with a defense witness by preventing that person from testifying on Spellissy's behalf.

The U.S. Attorney's Office was given 10 days to oppose the request for a new trial, McGuire said. The motion submitted Thursday was to give the U.S. District Court notice that prosecutors did not file opposition.

Before his retirement from the military in 2005, Spellissy started a defense consulting company. The government argued that in late 2004 and early 2005, Spellissy paid $4,500 to William E. Burke, who used his connections with Socom to favor clients of Spellissy's seeking to do business with the command.

Spellissy was sentenced last year to 15 months in prison. U.S. District Judge James Whittemore had allowed him to remain free pending his appeal, which was rejected by a federal appeals court Sept. 18.

Reporter Ray Reyes can be reached at (813) 865-4433 or rreyes@tampatrib.com.

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