Dean Skelos and his wife Gail leave federal court after he was again found guilty of extortion, wire fraud, solicitation of bribes and gratuities and honest services fraud. Photo: AP Photo/Mary Altaffer

Attorneys for Dean Skelos, a former attorney and majority leader of the state Senate, asked the federal judge sentencing him on public corruption charges next week for the “shortest possible” prison sentence because of ongoing health issues and the care he provides to his grandchildren.

Skelos, who was found guilty of arranging jobs for his son at companies with business before the state, is apparently struggling with alcohol dependence and depression after a jury convicted him earlier this year.

G. Robert Gage Jr. from Gage Spencer & Fleming in Manhattan asked the court for leniency for Skelos. The former Senate leader previously worked at the Long Island firm Ruskin Moscou Faltischek for two decades before his arrest on federal corruption charges in 2015. He was disbarred in 2016.

It's set to be the second time Skelos will be sentenced for his part in the scheme. His first conviction, in 2015, was thrown out after a decision from the U.S. Supreme Court changed the definition of an “official act” of corruption. Skelos was convicted a second time earlier this year.

Gage did not suggest a specific sentence in his filing with U.S. District Judge Kimba Wood of the Southern District of New York. Instead, he asked Wood to consider how Skelos' grandchildren, who are autistic, have come to depend on him emotionally and financially.

Adam Skelos, Skelos' son who was also convicted in both trials, and his then-wife divorced following the first trial. The conviction led to a rift between the elder Skelos and his son, according to the filing, but not Adam Skelos' ex-wife, Ann Marie Diaz.

Dean Skelos and his wife, Gail Skelos, invited Diaz to live with them in 2016 after the divorce. Diaz wrote in a letter to Wood included with the filing that she and her sons have come to rely on Skelos and his wife since the divorce and that a prolonged separation could harm the mental health of her children.

“I cannot even begin to think about how long term incarceration of Dean will impact the boys,” Diaz wrote. “Dean means everything to the boys and to me, he is the glue that keeps us together.”

Gage wrote that Diaz and her sons moved to Florida this year to avoid the publicity of the second trial. Skelos intends on moving there to be with them when he can, according to the filing. He currently sets aside time everyday to videochat with his grandchildren, Gage wrote.

Skelos has also pledged to pay for one of his grandsons to participate in an experimental program at Duke University for children who have trouble speaking. Each treatment is $15,000 without travel and accommodations, according to the filing, and could happen once a month if the child is accepted into the program. Gage wrote that Skelos and his wife are planning to pay for the treatments “for as long as they are able.”

Gage asked Wood to reconsider the amount of a $100,000 fine recommended by the probation office so Skelos and his wife can pay for the treatments at Duke. The fine also unfairly punishes Gail Skelos, Gage wrote, who was not involved in the scheme.

“A fine of significant magnitude will effectively punish Gail Skelos, who had her own career in public service, in her retirement years,” Gage wrote.

Dean Skelos also has health issues that are getting worse, Gage said. His hearing is impaired and he now struggles with depression, according to the filing. He also has issues with alcohol, the filing said, and may require treatment either while in prison or when he's released.

Gage wrote that allowing Skelos to perform community service as part of his sentence could help his mental health while also benefiting the public.

“We respectfully submit that a sentence could be fashioned which would benefit the public and restore a sense of purpose and health to the man by exploiting that instinct to care of others,” Gage wrote.

Skelos was convicted earlier this year of pressuring companies with business before the state to provide low- or no-show jobs to his son, Adam Skelos, who depended on the payments for his income. Dean Skelos would then use his position as Senate majority leader to benefit companies that agreed to the scheme and punish companies that did not. Skelos obtained more than $300,000 for Adam Skelos between 2011 and 2015 through the arrangements, according to federal prosecutors.

His appearance in federal court next week will be the third high-profile sentencing on corruption charges this year.

His counterpart in the State Assembly, former Speaker Sheldon Silver, 74, was sentenced to seven years in prison earlier this year for accepting almost $4 million in kickbacks for referrals to two companies with business before the state. Southern District Judge Valerie Caproni had originally sentenced him to 12 years in prison, but cited Silver's advancing age during his second sentencing.

It's possible Dean Skelos, 70, could get similar treatment. The first time before the court, Skelos was sentenced to five years in prison.

Joseph Percoco, a former top aide to Gov. Andrew Cuomo, was also sentenced to six years in prison this year for his role in a bribery scheme with two companies with business before the state.

A spokesman for U.S. Attorney Geoffrey Berman of the Southern District of New York deferred comment to their sentencing submission, which is expected by the end of the week. Skelos' sentencing is scheduled for Oct. 24 in the federal courthouse in Manhattan.

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