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Lawyers seek a newtrial for ex-colonel

By PAUL DE LA GARZA
Published May 20, 2006

TAMPA - Attorneys for retired Army Col. Tom Spellissy, who was convicted of bribery in federal court last week, filed a motion Friday asking the judge to set aside the verdict.

Attorneys argued no reasonable jury could have rendered a guilty verdict based on the evidence.

In a plea deal, William Burke pleaded guilty to accepting $4,500 in bribes from Spellissy in exchange for giving favorable treatment to Spellissy's clients at Special Operations Command at MacDill Air Force Base.

Burke was a private contractor, responsible for reviewing proposals from foreign companies seeking to do business with SOCom. Spellissy worked as a defense consultant.

As part of his plea agreement last fall, Burke agreed to cooperate with the government and was sentenced to probation.

During the trial Burke changed his story, testifying he and Spellissy did nothing illegal. He said he pleaded guilty to spare his family the embarrassment and cost of a trial. He said federal agents pressured him into pleading guilty.

On May 12, a jury convicted Spellissy and his Clearwater-based company, Strategic Defense International, Inc., of bribery and other charges.

Foreman Thomas Jordan said jurors tried to discard Burke's testimony because they could not tell when he was telling the truth. Jordan said the evidence against Spellissy, including e-mails and bank records, supported the verdict.

Sentencing was set for Aug. 14.

In the motion filed Friday, defense attorneys asked U.S. District Judge James Whittemore, who presided over the trial to set aside the jury verdicts and enter judgments of acquittals.

The motion also requested a new trial, in the event a higher court overturned the judge's decision to set aside the jury verdicts.

The defense argued the government did not prove its case beyond a reasonable doubt.

U.S. Attorney spokesman Steve Cole could not be reached for comment Friday night.

[Last modified May 20, 2006, 07:32:58]