FlagsWelcome to WWW.FIGHT4SPELLISSY.COM

 

Tampa Bay CBS 10 Video

 

The purpose of this web site is to tell the story of what the United States Government has done to Colonel (Ret) Tom Spellissy.

 

COL TOM SPELLISSY is a distinguished combat veteran with over 25 years of dedicated service to the United States Army and this great Nation.  He is personally recognized and credited with saving the lives of Special Operations Forces, SEALs and Rangers by making decisions at critical times that could have put his career at great risk if anything went wrong.  He was inducted into the United States Army 75th Ranger Regiment Hall of Fame for his work during Operations Enduring and Iraqi Freedom.  He was also the lead Department of Defense person who assisted Congress in establishing the National Center for Counter-Terrorism and Cyber-Crime at Norwich University, Vermont.

 

Colonel Spellissy has wrongfully been convicted of a crime that he did not commit by our justice system.  He has been sentenced to 15 months in prison.  His wife is recovering from a second major surgery due to her on going battle with Ovarian Cancer. He also has two young children.  Our mission is to get the Court to grant a New Trial based on New Evidence; government witness tampering, perjury by key witnesses for the prosecution and passed Polygraph Test by COL Spellissy. 


UNITED STATES vs. Thomas Spellissy

Appeal Brief to the 11th Circuit, September 18, 2009

Government's Reply Brief, October 21, 2009

Appeal Reply Brief, November 4, 2009

Dkt 185 Motion for a New Trial 27 Apr. 09

Dkt 185 Exhibit A

Dkt 185 Exhibit B

Dkt 185 Exhibit C

Dkt 185 Exhibit D

Dkt 185 Exhibit E

Dkt 185 Exhibit F

Dkt 185 Exhibit G

Dkt 185 Exhibit H

Dkt 191 Govt's Response to Dkt 185

The Truth about the Prosecutor

"Other Alleged Prosecutorial Misconduct by AUSA O'Neill"

Dkt 173, Affidavit of Fred Chan

Dkt 174, Affidavit of Donald Allgrove

How this case was initiated - Good old boy network

Dkt 44-1 The Judge lets the Government lies stand!

Dkt 72-1,  The Judge throws out Four of the Five Counts finding that a
"Serious Miscarriage of Justice may have occurred in this case."


ORAL ARGUMENT, SEPTEMBER 2009 AT THE 11TH CIRCUIT COURT OF APPEALS

Appeal Brief filed 17 October, 2008 to the 11th Circuit Court of Appeals

Government's Reply Brief filed 19 November, 2008 to the 11th Circuit Court of Appeals

Spellissy's Appeal Reply Brief filed 5 December, 2008 to the 11th Circuit Court of Appeals


IF YOU WANT TO HELP PLEASE CALL, WRITE OR EMAIL EACH AND EVERY DAY THE FOLLOWING INFORMATION:

·        YOU KNOW TOM SPELLISSY IS NOT GUILTY.

·        YOU WILL DO EVERYTHING LAWFUL IN YOUR POWER TO HELP STOP AN INNOCENT MAN FROM GOING TO PRISON.

·        THAT YOU WANT THE FOLLOWING PARTIES TO DO THE SAME:

•  HONORABLE CARL LEVIN
269 RUSSEL OFFICE BUILDING
WASHINGTON, D.C.  20515
202-224-6221 (PH)
202-224-1388 (FX)

http://levin.senate.gov/contact/index.cfm
HONORABLE PATRICK LEAHY
433 RUSSEL OFFICE BUILDING
WASHINGTON, D.C.  20510
202-224-4242 (PH)

•  HONORABLE HENRY WAXMAN
2204 RAYBURN HOUSE OFFICE BUILDING   
WASHINGTON, D.C.  20515 
202-225-3976 (PH) 
202-225-4099 (FX)

ROBERT O’NEILL

400
NORTH TAMPA STREET, STE. 3200
TAM PA, FL.  33602
813-274-6046 (PH)
813-274-6246 (FX)
EMAIL: robert.oneill@usdoj.gov

PS.  PLEASE FORWARD THIS FLYER TO AS MANY 
PEOPLE AS POSSIBLE, THANK YOU...

ADDITIONAL HELP CAN BE AS FOLLOWS:

·   CONTACT ALL MEDIA SOURCES AND PLEAD FOR THEIR SUPPORT.

·   FORWARD THIS INFORMATION TO ANY AND ALL WEBSITES, INCLUDING MY SPACE, ETC.

·   CONTACT YOUR LOCAL AND STATE POLITICAL REPRESENTITIVES.

·   SOMEONE PLEASE CREATE A WEBSITE PERTAINING TO THIS ISSUE.

  EVERYONE TAKE A MOMENT TO PRAY FOR TOM’S FAMILY AND HIS WIFE WHO IS RECOVERING 
   FROM CANCER.

 

 

BRIEF OF THOMAS SPELLISSY and STRATEGIC DEFENSE INTERNATIONAL, INC. CRIMINAL CASE

 
     
 

REPLY BRIEF FOR APPELLANTS THOMAS SPELLISSY and STRATEGIC DEFENSE INTERNATIONAL, INC.

 
     
 

DEFENDANT’S BRIEF IN SUPPORT OF MOTION TO SUPPRESS

 
     


USA vs. Thomas Spellissy & Strategic Defense International, Inc

 
Ex-Socom Officer Seeks New Conspiracy Trial
 

Published: September 27, 2007

TAMPA - A former U.S. Special Operations Command official is seeking a new conspiracy trial, claiming the military prevented a defense witness from testifying at his last trial.

Tom Spellissy, a retired Army colonel who headed one of Socom's most important acquisition offices, was sentenced to 15 months in prison last year after he claimed he had broken no laws and that the government's case against him was based on a series of lies.

"One day I'm an unsung hero," Spellissy said at his sentencing hearing, "and the next I'm a criminal. They've killed me."

U.S. District Judge James Whittemore, who also fined Spellissy $125,000, had allowed him to remain free pending his appeal, which was rejected by a federal appeals court on Sept. 18.

In addition to seeking a new trial, defense attorneys filed a motion asking that Spellissy's prison sentence be stayed because of "new evidence."

The defense motion alleges witness tampering by the government. "An unknown senior military officer knowingly persuaded or ordered Sgt. First Class [Jack] Landers, 75th Ranger Regiment, not to honor the [defense] subpoena," the defense motion says. Spellissy's trial attorney, Patrick Doherty, didn't learn of the situation until three days after the trial concluded, the motion states.

Before his retirement from the military in January 2005, Spellissy started a defense consulting company. William E. Burke, a former contractor assigned to Socom, was paid $4,500 to give preferential treatment to Spellissy's clients looking to do business with the command, government prosecutors charged.

Burke pleaded guilty to bribery and received probation after agreeing to cooperate with prosecutors.

Spellissy was charged in an indictment with conspiracy, bribery and wire fraud. On the witness stand at Spellissy's trial, Burke changed his story, insisting he and Spellissy were innocent. The jury didn't agree and convicted Spellissy on all counts in May.

In a rare reversal of a jury verdict, however, Whittemore later overturned the bribery conviction and ordered a new trial on the wire fraud charges. The judge let the conspiracy conviction stand.

Landers would have testified that Burke "was a low-level, non-decision-making support contractor," the defense motion states. Because Landers was unavailable to corroborate him, Spellissy chose not to testify, the motion states.

"The defendant's position is that Landers and Spellissy's testimonies would have corroborated Burke's testimony that no bribery or conspiracy existed," the motion states.

In addition to allegations about the new evidence, the defense attaches to its pleadings documents that state Spellissy passed a lie detector test. During that test, Spellissy answered no to the question, "Did you plan with Bill Burke to defraud the U.S. Government?"

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.


 

 
  United States Attorney’s Office  
 

S eptember 26, 2007

Mr. Robert O’Neill
United States Attorney’s Office
Middle District of Florida
400 N. Tampa Street
Tampa, Florida  33602

Re: USA vs. Thomas Spellissy & Strategic Defense International, Inc

Mr. O’Neill,

This is a courtesy letter of introduction with the hopes that we may meet and amicably resolve the “‘Spellissy” matter.  I have known Colonel (Retired) Tom Spellissy and his family since he and I were in high school.  Although I did not represent Tom at Trial or on his Appeal, myself and Sean Cox are now representing him Pro Bono.  I know in my heart he has committed no crimes whatsoever and feel that a “serious miscarriage of justice” has occurred throughout the investigation, trial and appeal.  My sentiment towards Tom Spellissy’s innocence has deepened since I have reviewed the case and conducted my own investigation.

I have enclosed several documents for your review. Enclosed is the Motion For a New Trial Based Upon New Evidence and Motion to Stay.  During my investigation I found that Colonel (Ret) Spellissy cooperated with the Government and would have taken a polygraph if necessary.  Colonel (Ret) Spellissy took the polygraph at his own expense.  We respectively request that you stipulate to both motions in question.

Also enclosed is correspondence to Senator Carl Levin, Chairman of the Permanent Subcommittee on Investigations, Senator Patrick Leahy, Chairman of the Senate Judiciary Committee, and Representative Henry Waxman, Chairman of the Oversight and Government Reform Committee.  I am going to ensure that these three representatives provide you with assistance on obtaining the truth in the evidence,  and conduct an investigation to find out why there was a motivation to investigate Spellissy for the crimes for which he was charged.

As an Assistant United States Attorney, it is your duty to find the truth.  After reviewing all documents, my opinion is that our justice system has failed Colonel (Retired) Tom Spellissy.  I don’t believe it was due to any wrong doing on the part of the prosecution or defense attorneys on this case, but rather, due to a manipulation by those in power.

I regret that you have never shook Colonel (Ret) Spellissy’s hand and looked him in the eye. I would like to meet with you and him to discuss anything you wish, other than classified information.   

Thank you for your anticipated cooperation in this very serious matter.

Respectfully,

John F. McGuire, Esquire


 

 
  Senator Carl Levin  
 

26 September 2007

 

Senator Carl Levin
Chairman of the Permanent
Subcommittee on Investigations
269 Russell Office Building
Washington, DC 20510

Subject:  Wrongful Conviction of Colonel (Retired) Thomas Spellissy & Alleged Witness Tampering by Government Officials

Dear Senator Levin,

 

            It was an honor meeting with you on February 21, 2007.  Your stories about the stress of trial work before you went into Politics were truly inspiring. I am also in the position where the burden of someone unjustly going to jail is indeed unbearable.

            We had previously discussed the injustices that have occurred to Retired Colonel (Retired) Thomas Spellissy and you were provided documents that you were to review on the plane ride back to Washington, DC.  I hope you had the opportunity to review them.

            I am now representing Colonel (Ret) Spellissy, Pro Bono on the remaining charge he was convicted of.  I have thoroughly reviewed this case.  As a result, I have filed a motion for a new trial based on new evidence and it is enclosed for your review. 

            The purpose for this letter is to formally request that you take action in this “serious miscarriage of justice.”  I unfortunately believe that Government officials have tampered with witnesses in this case.  Coincidently, they are some of the same personnel involved in the Corporal Pat Tillman fratricide case.

            The Permanent Subcommittee on Investigations is obviously, as you said, the most powerful investigative committee in the country.  Colonel (Ret) Spellissy has not done anything wrong.  You should also know that he passed a Polygraph Test.  To make matters worse, his wife is battling ovarian cancer most likely from the stress of these legal proceedings.  Colonel (Ret) Spellissy is a combat veteran with over 25 years of distinguished service whom was inducted into the United States Army’s 75th Ranger Regiment Hall of Fame for his work supporting the Rangers during Operations Enduring and Iraqi Freedom. To send him to prison for 15 months for an alleged crime that he did not commit is a travesty.  As lawyer and personal friend of Colonel (Retired) Spellissy, I feel I should do everything ethically possible to over turn this case and ensure that this never happens again.

            Colonel (Retired) Spellissy, his wife Donna and I would like to meet with you in Washington as soon as conveniently possible to discuss this matter.

 

                        Respectfully,

                       

                        John McGuire, Esquire


 

 
  Senator Patrick Leahy  
 

26 September 2007

 

Senator Patrick Leahy
433 Russell Office Building
Washington, DC 20510

Subject:  Wrongful Conviction of Colonel (Retired) Thomas Spellissy & Alleged Witness Tampering by Government Officials

Dear Senator Leahy, 

            I am representing Colonel (Ret) Thomas Spellissy, Pro Bono on the remaining charge he was convicted of.  I have thoroughly reviewed this case.  As a result, I have filed a motion for a new trial based on new evidence and it is enclosed for your review. 

            The purpose for this letter is to formally request you take action in this “serious miscarriage of justice.”  I unfortunately believe that Government officials have tampered with witnesses in this case.  Coincidently, they are some of the same personnel involved in the Corporal Pat Tillman fratricide case.

            Colonel (Ret) Spellissy has not done anything wrong.  You should also know that he passed a Polygraph Test.  To make matters worse, his wife is battling ovarian cancer most likely from the stress of these legal proceedings.  Colonel (Ret) Spellissy is a combat veteran with over 25 years of distinguished service whom was inducted into the United States Army’s 75th Ranger Regiment Hall of Fame for his work supporting the Rangers during Operations Enduring and Iraqi Freedom. To send him to prison for 15 months for an alleged crime that he did not commit is a travesty.  As lawyer and personal friend of Colonel (Retired) Spellissy, I feel I should do everything ethically possible to overturn this case and ensure that this never happens again.

            You may recall that when Colonel (Retired) Spellissy was on active duty he assisted your office in establishing the National Center for Counter-Terrorism and Cyber-Crime at Norwich University, Vermont.

            Colonel (Retired) Spellissy, his wife Donna and I would like to meet with you in Washington as soon as conveniently possible to discuss this matter.

     

                        Respectfully,

   

                        John McGuire, Esquire

 

 
   
  Representative Henry Waxman  
 

26 September 2007

 

Representative Henry Waxman
2204 Rayburn House Office Building
Washington, DC 20510

Subject:  Wrongful Conviction of Colonel (Retired) Thomas Spellissy & Alleged Witness Tampering by Government Officials

Representative Henry Waxman,

            I am representing Colonel (Ret) Spellissy, Pro Bono on the remaining charge he was convicted of.  I have thoroughly reviewed this case.  As a result, I have filed a motion for a new trial based on new evidence and it is enclosed for your review.  

            The purpose for this letter is to formally request you take action in this “serious miscarriage of justice.”  I unfortunately believe that Government officials have tampered with witnesses in this case.  Coincidently, they are some of the same personnel involved in the Corporal Pat Tillman fratricide case, specifically, the former commander of the United Special Operations Command, General Bryan “Doug” Brown.

            Colonel (Ret) Spellissy has not done anything wrong.  You should also know that he passed a Polygraph Test.  To make matters worse, his wife is battling ovarian cancer most likely from the stress of these legal proceedings.  Colonel (Ret) Spellissy is a combat veteran with over 25 years of distinguished service whom was inducted into the United States Army’s 75th Ranger Regiment Hall of Fame for his work supporting the Rangers during Operations Enduring and Iraqi Freedom. To send him to prison for 15 months for an alleged crime that he did not commit is a travesty.  As lawyer and personal friend of Colonel (Retired) Spellissy, I feel I should do everything ethically possible to overturn this case and ensure that this never happens again.

            Colonel (Retired) Spellissy, his wife Donna and I would like to meet with you in Washington as soon as conveniently possible to discuss this matter.

             

                        Respectfully,

           

                        John McGuire, Esquire

LETTERS and LINKS

 
  Motion for a New Trial based on ProsMiscond,IAC&NE  
     
  Exhibit 1, March 9, 2005 DCIS Report  
     
  Exhibit 2, DCIS Letter to USSOCOM  
     
  Exhibit_3,_April_15,_2005_DCIS_Report  
     
  Exhibit 4, Highsmith Statement  
     
  Exhibit 5, April 13, 2005 DCIS Report  
     
  Exhibit 6, DCIS_Document_January_25,_2006  
     
  Exhibit 7, Motion for Downward Departure-Burke  
     
  Exhibit 8, Snellgrove Statement  
     
  Exhibit 9, Santa Lucia Statement  
     
  Exhibit 10, Uhler Statement  
     
  Exhibit 11, Email from LTC Weir, USSOCOM lawyer to Trial Defense Counsel  
     
  Exhibit 12, Don Jones Sworn Testimony  
     
  Exhibit 13, Spellissy Affidavit for PM&IAC  
     
  Renewed Motion to Suppress  
     
  James Rooney Affidavit  
     
  OCTOBER 25, 2007 Notice for No-Opposition  
     
  Motion to strike the government response in oppostition final  
     
  Motion for New Trial  
     
  Exhibit A USASOC Letter on Landers  
     
  Exhibit B Poly Test  
     
  Motion for stay of Sentence pending Motion for a New Trial based on New Evidence  
     
  Letter For Community Service  
     
  Spellissy Letter  
     
  Govt's Exhibit A to Motion Quash Subps for Mtn Supp  
     
  Gov'sAFFIDAVITwith the true corrections  
     
  JudgeditchesconvictionsinSOComcase-7JulStPeteTimes  
     
  MtnforJudgmentofAcquittal-NewTrl  
     
  Addendum to Motion for New Trial Based on New Evidence  
     
  Exhibit A to the Addendum to Motion for a New Trial Based on New Evidence  
     
  Butler Affidavit  
     
   Spellissy Affidavit  
     
  Addendum to Motion for Stay of Sentence Pending Motion for a New Trial Based on New Evidence  
     
  Letter from Erik Eriksen  
  Letter to James Whittemore from Colonel Matthew J. Brown  
  Letter to James Whittemore from Christopher T. Ullrich  
  Letter to James Whittemore from Wesley F. Walters  
  Letter to James Whittemore from JEFFREY C. LIEB  
  Letter to James Whittemore from John K. Slattery  
  Letter from Robert L. Vasta  
  Letter from Alan D. Westfield  
  Letter from Kerry Adams  
  Speech from Dr. Uhler  
     
  http://www.west-point.org/class/usma1979/spellissy.php  
  http://www.sptimes.com/2006/04/19/Hillsborough/Warrant_in_SOCom_case.shtml  
  http://www2.tbo.com/content/2007/oct/05/ex-socom-official-claims-civilian-courts-cant-judg/?news-breaking  
     
 

SPELLISSY vs. USSOCOM

Letter To THe President Of The United States

Complaint FOIA Spellissy v USSOCOM

Exhibit A, Flatly RefusedPentagon's Secret MoneyMacDill-Gate

Exhibit B, DoDIGInvestigation$20M

Exhibit C, Saved$2MasGovtCntr

Exhibit D, Hennies Complaint

Exhibit E, April 13, 2005 DCIS Report

Exhibit F, DoDIG Letter19Oct05

Exhibit G, Indictment

Exhibit H, CongressmanYoungLeaktoPress

Exhibit I, COLTalyorAckWhistleblower

Exhibit J, CongressLookingfor$20M

Exhibit K, InformedReductioninRank

Exhibit L,TrialJudgesOrder

Exhibit M, FOIARequest

Exhibit N, Senator Patrick Leahy - Announcement

Exhibt O, InstructiontoHide$20M