Defense contractor seeks retrial in conspiracy case

By Times Staff Writer
Published September 27, 2007

TAMPA - Tom Spellissy, the retired Army colonel and former contractor with Special Operations Command who was convicted of conspiracy in U.S. District Court, has filed motions seeking a new trial and stay of his 15-month prison sentence.

Spellissy's attorney argued that the defense has uncovered new evidence that a senior military officer persuaded or ordered a key witness not to honor a subpoena to appear at the trial, and that witness would have backed other defense testimony that "no bribery or conspiracy existed." This action constituted witness tampering by the government, defense attorney Sean P. Cox wrote.

The motion also points out that Spellissy passed a polygraph test, and a former co-defendant who testified in his trial was later found guilty of perjury.

In the 2006 trial, federal prosecutors accused Spellissy of paying $4,500 in bribes to another SOCom private contractor. The jury found him guilty of bribery, wire fraud and conspiracy, but the judge tossed out most of the jury's verdict.

[Last modified September 26, 2007, 23:38:27]