Despite the government's request that a New Haven attorney who pleaded guilty to income tax violations be sentenced to prison, a federal judge Monday did otherwise and sentenced William Palmieri to three years' probation.

The judge also ordered him to perform 150 hours of community service, and to pay back taxes and interest totaling more than $200,000.

The 56-year-old Palmieri, whose small practice specializes in civil rights law, pleaded guilty in December to two counts of willful failure to pay income taxes. The government said Palmieri, who lives in Bethany, owed $227,709 in taxes, interest and penalties. He had faced a maximum of two years in prison.

But U.S. District Judge Stefan Underhill of District of Connecticut Monday sided with the defense, who maintained that because of past health issues, his personal background and family responsibilities, Palmieri should be spared jail time.

The defense argued in its June 29 memorandum in aid of sentencing that "a probationary sentence, with a special condition of home confinement" would be reasonable given the circumstances.

The memorandum noted Palmieri had never been in trouble with the law before and had a difficult childhood and adult life. The attorney, the memorandum said, had a mother who was physically and verbally abusive toward him. It also noted that, in 2009, the attorney "became gravely ill" as his colon had ruptured. He spent time in the hospital where, the memorandum said, "it was touch and go at times."

Palmieri, the memorandum said, was hospitalized at least four more times with recurrences of diverticulitis. He later, the memorandum said, became a diabetic and "is morbidly obese and he continues to take numerous medications." All the while, the memorandum said, Palmieri, who was taking care of his two children, separated from his partner who later moved out of his house.

"The punishment [of prison] would be severe and life-altering for Mr. Palmieri and those who depend on him," the defense wrote in its memorandum.

Palmieri's attorney, Robert Frost Jr. of Frost Bussert in New Haven, didn't respond to a request for comment Monday. Palmieri also didn't respond to a request for comment.

The government, though, had a different view.

In its July 7 memorandum in aid of sentencing, the prosecution wrote: "The government submits that the duration of the defendant's conduct, going back to 2005, the manner in which the defendant took steps to make it more difficult for the IRS to collect payment, and his repeated decisions to expend funds on an expensive house, private school education, fancy car and other trips and experiences he could not afford given his existing financial obligations to the IRS warrant a sentence involving a period of incarceration."

The government's memorandum continued: "It would be hard for the general public to consider a sentence 'just' if the defendant's punishment is simply to pay the tax obligation he previously owes—particularly as the amount he chose not to pay to date far exceeds what many in Connecticut earn each year."

Assistant U.S. Attorney Christopher Schmeisser prosecuted the case. Thomas Carson, spokesman for the U.S. Attorney's Office in Connecticut, said the office would have no comment.

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