Suffolk District Attorney, Top Official Covered Up Assault, Federal Investigation: U.S. Attorney

Suffolk County District Attorney Thomas Spota and his chief of investigations were arraigned Wednesday on charges connected to covering up former Suffolk County Police Chief James Burke’s assault on a man in custody in 2012 and the subsequent federal investigation, according to the U.S. Attorney’s Eastern District of New York Office.

Spota, 76, of Mount Sinai, and the chief of investigations/chief of government corruption bureau Christopher McPartland, 51, of Northport, will be arraigned on a four-count indictment. The charges, which are related to covering up Burke’s assault and attempting to thwart a federal jury investigation, are:

• Conspiracy to tamper with witnesses and obstruct an official proceeding
• Two counts of witness tampering and obstruction of an official proceeding
• Obstruction of justice
• Accessory after the fact to the deprivation of civil rights.

“While FBI agents were working to restore justice in a civil rights investigation, District Attorney Thomas Spota and Assistant District Attorney Christopher McPartland were conspiring to obstruct it, as alleged today,” FBI Assistant Director-in-Charge William F. Sweeney said in a press release.

According to the indictment and court filings, Christopher Loeb, of Smithtown, was arrested on Dec. 14, 2012 at his mother’s home for a variety of probation violations. During the arrest and search, officers found large amounts of merchandise that were stolen from Burke’s SCPD-issued SUV and a dozen other vehicles.

It was discovered that Loeb stole the following items from Burke’s vehicle: a gun belt, several magazines of ammunition, a box of cigars, a humidor and a canvas bag that contained toiletries, clothing and other items, according to the government.

Following this discovery, Burke entered the Smithtown home with permission to retrieve his items and then drove to SCPD’s Fourth Precinct where detectives had begun interrogating Loeb, who was handcuffed and chained to an eyebolt fastened to the floor.

Burke then allegedly assaulted Loeb, kicking him in the head and body, thereby violating his civil rights, and pressured the detectives who witnessed the assault to cover up the event, according to the U.S. Attorney’s Office.

Burke, with help from officials like Spota and McPartland, continued to cover up this assault when the FBI and the U.S. Attorney’s Office opened an investigation in 2013, the government said.

The indictment claims Spota and McPartland worked with Burke and other members of the SCPD to conceal his role in the assault and even agreed on a false version of events that would conceal the assault, which led to one of those detectives lying under oath, according the U.S. Attorney’s Office.

They used their power to obstruct this investigation by using intimidation, threats and corrupt persuasion, officials say. They also allegedly pressured multiple witnesses to not cooperate with the federal investigation, provide false information and false testimony under oath as well as withhold relevant information from the U.S. Attorney’s Office, FBI and the federal grand jury in this investigation, officials say.

Attempts to cover up the investigation, however, were unsuccessful and Burke pleaded guilty to deprivation of Loeb’s civil rights and conspiracy to obstruct justice. He was sentenced to 46 months in prison on Nov. 2, 2016 and is still serving that sentence.

“Abuses of power by law enforcement authorities cannot and will not be tolerated,” Acting U.S. Attorney Bridget M. Rhode said.

Following the indictment, Suffolk County Executive Steve Bellone called on Spota to resign in a statement: “As I have said many times before, Tom Spota must resign. The person holding the awesome power to decide whether people go to jail or not cannot effectively serve under federal indictment for corruption.”

There have been calls for Spota to resign in the past. Bellone also publicly called on Spota to step down in May 2016 with claims that Spota is “operating a criminal enterprise that must be stopped.”

Spota said he is not seeking re-election in November after 16 years at his position, according to Newsday.

Patch photo