BishopAccountability.org
	Critics Finally See Some Chinks in Spota's Armor By Bart Jones Newsday January 7, 2008 http://www.newsday.com/news/local/crime/ny-lispot075529016jan07,0,6665177.story Thomas Spota has enjoyed such a sterling reputation as Suffolk County district attorney that it is not easy to find people willing to say anything remotely negative about him. That remains true even with the controversy surrounding his decision last week to request that murder charges be dropped against Martin Tankleff in his parents' slayings. Spota, it seems, remains spotless. Since winning office in 2001, he has steadily burnished his reputation and even gained national attention by investigating sexual abuse by priests in the Diocese of Rockville Centre, rooting out corruption among politicians of all stripes and methodically prosecuting tough-to-win cases like the 2001 murder of East Hampton financier Ted Ammon. But now a few voices are asking whether the collapse of the Tankleff case, which came after an appellate court overturned the 1990 conviction, could represent the first chink in Spota's shining armor. The critics say he should have reopened the case years ago to examine new evidence that may have shown Tankleff, now 36, was innocent. They suggest Spota should have recused himself because, as a private attorney, he once represented a detective who tricked Tankleff into confessing. The State Commission of Investigation is looking into Suffolk's handling of the case. And Gov. Eliot Spitzer is expected to decide whether to appoint a special prosecutor to investigate it. "It's going to be reported on over and over and over and the more it's reported on, whether it's accurate or not, that will be a chink," said Robert Creighton, who served as Spota's chief investigator from 2001 to 2006 and holds him in high regard. "There's no question. He'll get bad publicity out of it." But overall, Spota's star remains bright. By far, the consensus view among more than a dozen political power brokers and analysts is that Spota will emerge from the episode not only unscathed but perhaps strengthened. They said he made a "courageous" decision to not retry Tankleff. "I think he's done a great job with it," said Brookhaven Town Board member Timothy P. Mazzei, a former assistant district attorney under Patrick Henry. "I don't think anyone should even criticize him." Richard Schaffer, chairman of the Suffolk County Democratic party, also approved. "He's probably one of only two or three prosecutors in the country who can handle as difficult a situation as this," Schaffer said. But a few people aren't joining in the celebration. Among them: Robert C. Gottlieb, Tankleff's original defense attorney for six years. "I certainly do not understand nor do I believe he deserves any credit whatsoever for deciding now not to retry Marty, since he fought tooth and nail for years in the face of overwhelming evidence of innocence to keep Marty in prison," Gottlieb said. Still, even Gottlieb acknowledges that - outside the Tankleff case - Spota has an admirable record. "In so many other areas," said Gottlieb, "he has done an outstanding job." A graduate of Chaminade High School in Mineola and St. John's Law School, Spota was an assistant district attorney in Suffolk from 1971 to 1982 under his mentor, Patrick Henry. As chief of the homicide bureau, he successfully prosecuted such cases as the infamous "Amityville Horror" murders. He later went into private practice, then unseated longtime district attorney James Catterson in 2001. A longtime Republican, Spota had switched parties to run. By 2005 he was cross-endorsed by both major parties. Since then he has earned a reputation as nonpartisan and evenhanded. The first corruption case that landed on his desk involved two high-ranking Democratic operatives - Stephen Baranello and Wayne Prospect. He also prosecuted Islip Town Supervisor Peter McGowan, a Republican, saying he had misused a $1.2 million campaign fund to bankroll "a yearlong Mardi Gras party." Despite widespread praise, Spota, along with the Suffolk County law enforcement community, attracted unwelcome attention Saturday. Activist Al Sharpton led a protest in Riverhead focusing on the case of John White, a black man from Miller Place recently convicted of involuntary manslaughter for shooting a white teenager. White's attorney, Frederick Brewington, said he was baffled why no charges were filed against the teens involved in the case. "They went to this man's house at 11:30 at night, revving their cars up and down the street, calling him out and using racial epithets. They get a free ride?" Brewington said. Spota's office has declined to comment on whether charges against the group of teens were considered. However, one of their parents was charged with serving alcohol to the underaged. Despite controversy over some of the cases, political analysts expect little fallout for Spota. Schaffer has no doubt who will be the party's DA candidate in 2009. "I'm looking forward to him being a very strong candidate next year for re-election," Schaffer said. Career highlights 1971-1982 Assistant district attorney for Suffolk County. Chief of homicide bureau and prosecutes high-profile cases including the "Amityville Horror" murder. 1982-2001 Private practice based in Hauppauge, mainly defending people and businesses in personal injury lawsuits, although also representing law enforcement unions in Suffolk County. 2001 Defeats James Catterson in bitter race for Suffolk County District Attorney. Switches party affiliation from Republican to Democrat to run against Catterson, a Republican. 2003 Releases Grand Jury report on sexual abuse by 58 priests in the Diocese of Rockville Centre dating back decades. Wins national attention for issuing one of the first such reports in the country. 2004 Arrests former Democratic operative Stephen Baranello and former county legislator Wayne Prospect - also a Democrat - for allegedly taking bribes. 2005 Wins re-election as district attorney, endorsed by local Democratic and Republican parties. 2006 Wins conviction of Islip Town Supervisor Peter McGowan - a Republican - on corruption charges stemming from illegal use of $1.2 million campaign fund. This month Decides not to retry Martin Tankleff after state appellate court overturns original conviction that left him in jail for 17 years.
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