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Consultant's Conviction Is Upheld

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: September 18, 2007

Updated: 09/18/2007 10:53 pm

TAMPA - A federal appeals court on Tuesday upheld the conviction and 15-month prison sentence of a former U.S. Special Operations Command official who participated in a conspiracy.

Tom Spellissy, a retired Army colonel who headed one of Socom's most important acquisition offices, was sentenced last year after he claimed he had broken no laws and that the government's case against him was based on a series of lies.

"I can look you in the eye and say I did nothing wrong," said Spellissy, his voice breaking. "One day I'm an unsung hero, and the next I'm a criminal. They've killed me."

U.S. District Judge James Whittemore, who also fined Spellissy $125,000, had allowed him to remain free pending his appeal.

Before his retirement from the military in January 2005, Spellissy started a defense consulting company. William E. Burke, a former contractor assigned to Socom, was paid $4,500 to give preferential treatment to Spellissy's clients looking to do business with the command, government prosecutors charged.

Burke pleaded guilty to bribery and received probation after agreeing to cooperate with prosecutors.

Spellissy was charged in an indictment with conspiracy, bribery and wire fraud. On the witness stand at Spellissy's trial, Burke changed his story, insisting he and Spellissy were innocent. The jury didn't agree and convicted Spellissy on all counts in May.

In a rare reversal of a jury verdict, however, Whittemore later overturned the bribery conviction and ordered a new trial on the wire fraud charges. The judge let the conspiracy conviction stand.

Tuesday, the Atlanta-based 11th U.S. Circuit Court of Appeals issued a four-page, unsigned opinion dismissing Spellissy's appeals on that conviction. The court ruled that Whittemore did not err when he refused to bar certain evidence, including Burke's original plea agreement.

The appeals court also held that Whittemore did not improperly calculate Spellissy's sentence.

Reporter Elaine Silvestrini can be reached at (813) 259-7839 or esilvestrini@tampatrib.com.

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