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Bribery suspect wants seized evidence held

The retired Army officer contends that the warrant to search his home was based on misleading information.

By PAUL DE LA GARZA
Published March 3, 2006

TAMPA - Retired Army Col. Tom Spellissy wants a federal court to suppress evidence seized at his Clearwater home as part of a bribery investigation at the Special Operations Command.

In a motion filed this week Spellissy's attorney, Pat Doherty, said the warrant authorizing the search was based on misleading information.

Spellissy, who helped equip special operations forces as chief of special programs at SOCom, was charged with bribery in the fall.

SOCom, based at MacDill Air Force Base, oversees the nation's elite commandos and is leading the Pentagon's war on terror.

While working as a defense consultant, prosecutors say, Spellissy bribed then-SOCom official William Burke to give his clients favorable treatment in defense contracts.

Spellissy says he is innocent.

Burke pleaded guilty and was sentenced to probation.

In the motion filed Monday on behalf of Spellissy and his company, Strategic Defense International Inc., Doherty asked the court to suppress any items seized from his house April 14, 2005, and "any items which were obtained as a result of leads which the seized items may have supplied."

The motion asked that "any document, e-mail, letter, certificate or other written material, whether in letter or electronic form," be suppressed.

Prosecutor Robert O'Neill has said that e-mail communications between Burke and Spellissy will help to bolster his case. He also is relying on records of bank transactions between both men.

U.S. attorney spokesman Steve Cole said Thursday that prosecutors plan to respond to Spellissy's motion in court, not in the news media.

Doherty did not respond to a message seeking comment.

According to the motion, federal agents obtained a search warrant for Spellissy's home based on misleading information. Agents indicated Spellissy engaged in illegal activity before he retired Jan. 1, 2005, by working for several defense contractors.

But the motion argues Spellissy effectively left the job in August 2004 by taking terminal leave, including sick days and accrued vacation time.

He gave up his procurement authority July 30, 2004.

SOCom "rehired Col. Spellissy as a contractor and paid him as a contractor in November of 2004, a time the court was led to believe he was "in the Army' by the affidavit," the motion said.

"It goes without saying that (SOCom) would have no need to hire Col. Spellissy as a contractor in November if, in fact, he was still "in the Army.' "

According to the court document, Spellissy worked for Rooney Group International, a self-described lobbying firm. Before Monday, both sides had refused to identify any of Spellissy's clients.

[Last modified March 3, 2006, 02:15:34]