Print

Email story

Comment

Email editor

Ex-Army colonel guilty of bribery

The verdict in the SOCom case comes after a prosecution witness changed his story. Sentencing has been set for Aug. 14.

By PAUL DE LA GARZA
Published May 13, 2006

TAMPA - A jury Friday convicted retired Army Col. Tom Spellissy and his defense consulting company of federal bribery charges.

When the clerk read the verdict, Spellissy looked stunned. He buried his face in his hands as his wife, Donna, and other family members sobbed.

Spellissy and his company, Strategic Defense International Inc., also were convicted of conspiracy and wire fraud. He faces a maximum penalty of 20 years in prison and a $250,000 fine.

U.S. District Judge James Whittemore set sentencing Aug. 14 and allowed Spellissy to remain free. Spellissy, 49, of Clearwater declined to comment.

The case against Spellissy and the company stemmed from an investigation at Special Operations Command at MacDill Air Force Base.

Retired Maj. Gen. Lou Hennies, a competitor of Spellissy, complained to the office of SOCom commander Bryan "Doug" Brown in December 2004 about a contract Spellissy was being awarded.

Hennies was Gen. Brown's former boss.

In the fall, prosecutors charged Spellissy and his company with paying $4,500 in bribes to former SOCom official William Burke to get preferential treatment for his clients in the defense industry.

Burke pleaded guilty and was sentenced to probation. He agreed to cooperate with the government in prosecuting Spellissy.

During the trial, which began Monday, Burke changed his story.

He testified he and Spellissy did nothing illegal. He said he pleaded guilty to spare his family the embarrassment and cost of a lengthy trial.

Burke also said federal investigators pressured him into pleading guilty.

The jury didn't buy it.

Foreman Thomas Jordan told reporters that during their four hours of deliberations jurors tried to discard Burke's testimony because they couldn't determine the truth.

"One day he said one thing and the next day he said something else," Jordan said.

Jordan said the evidence - including bank records and e-mails between Spellissy and Burke - supported the verdict.

At one point, Burke told Spellissy he had been instrumental in securing more than $10-million in funding for Spellissy's potential clients.

"I sold my soul to get these four projects approved, sacrificing future projects for these," Burke told Spellissy in one e-mail.

In another e-mail, Burke wrote: "They need to show some love/gratitude."

In response, Spellissy urged patience, saying they were in a marathon and not a sprint.

The defense, confident Burke's testimony would convince jurors of Spellissy's innocence, decided not to call witnesses.

After the verdict, attorney Pat Doherty said he had no regrets about the strategy.

He said he would await the presentencing report and decide whether to appeal.

Prosecutor Robert O'Neill declined to comment on the verdict. He said he would review the trial transcript to determine if Burke committed perjury.

In a statement, spokesman Ken McGraw said SOCom respected the jury's verdict.

"We have a legal, moral and ethical obligation to ensure that our acquisition process is fair," McGraw said. "We will always take those actions necessary to protect the integrity and credibility of that process."

Burke worked as a private contractor at SOCom, which oversees the nation's elite commandos. He reviewed proposals from foreign companies seeking to do business with SOCom.

Until his retirement Jan. 1, 2005, Spellissy helped to arm special operations forces as program executive officer for special programs.

During the investigation, the FBI and military investigators focused on a third SOCom official who appeared to be working with Spellissy and Burke.

But SOCom said investigators did not have enough evidence to indict him.

That official still works at SOCom.

Paul de la Garza can be reached at delagarza@sptimes.com or 813 226-3432.

[Last modified May 13, 2006, 02:36:52]