Key Witness in Ex-Suffolk DA Corruption Trial Testifies to 'Culture of Paranoia,' Retaliation
Suffolk County Police Lt. James Hickey takes the stand in the trial of ex-DA Tom Spota and the county prosecutors' former anti-corruption chief Christopher McPartland, who are accused of helping cover up police misconduct.
November 26, 2019 at 02:14 PM
4 minute read
In federal court testimony Tuesday, Suffolk County Police Lt. James Hickey described the Suffolk County District Attorney's Office as being part of a culture of intense loyalty, paranoia and intimidation in county law enforcement during former police chief James Burke's tenure.
Hickey took the stand Tuesday in the corruption trial of ex-DA Tom Spota and the county prosecutors' former anti-corruption chief Christopher McPartland. They are accused of helping cover up police misconduct.
"If you cross Tom Spota, Chris McPartland, Jimmy Burke—if you cross one, you cross 'em all," Hickey said. "You've made sworn enemies of the three most powerful men in Suffolk County, and you will face dire consequences."
Burke has already finished a three-year prison sentence for conspiracy to commit obstruction of justice, but Spota and McPartland are on trial in the Eastern District of New York's Central Islip courthouse this month.
Both men are charged with obstruction of justice and related offenses in connection with the concealment of the 2012 assault of a man who was arrested in Suffolk County after breaking into Burke's car, according to prosecutors.
Hickey testified that he pleaded guilty to conspiracy to obstruct justice in federal court in 2016, and prosecutors have indicated that his direct observations of Spota and McPartland's involvement with Burke will be a key part of their case.
Spota, McPartland, Burke, Hickey and a fifth man, former chief of detectives William Madigan, formed an "inner circle" within Suffolk County law enforcement, Hickey testified. They were committed to penalizing anyone who crossed them, Hickey said, emphasizing that he had to keep track of the group's enemies because it was considered disloyal to even be polite to them.
Hickey said he talked frequently with Spota, McPartland and Burke, and Burke referred to Hickey's elite team of detectives as Burke's own "palace guard," based on his image of a police department with the chief as king, according to Hickey. Burke had the detectives do personal favors, including following people on his behalf, Hickey testified.
Those detectives, along with Burke himself, were involved in the 2012 assault, Hickey testified. Hickey wasn't there, but afterward, Burke, Spota and McPartland wanted him to make sure the detectives kept their mouths shut.
Hickey said Spota and McPartland asked him about the detectives' status nearly every time he saw them. Burke eventually explained that Hickey had to constantly check on the detectives because, if federal authorities were watching the men's phone records, it wouldn't be strange for their direct supervisor to contact them daily, Hickey testified. Frequent calls from the chief of police might set off alarm bells, Hickey said.
Meanwhile, Burke was developing his own cover story with help from McPartland, Hickey said.
In testimony after lunch, Hickey said he was hospitalized in August 2013 with pancreatitis, a result of his heavy drinking. He went through withdrawal in the hospital and hasn't had alcohol since, he said.
The pressure to keep Burke out of trouble did not stop after his recovery, Hickey said, repeating that McPartland and Spota were aware of the cover-up and providing advice throughout. McPartland prepped Burke for possible cross-examination at hearings related to the assault, Hickey said, but the then-police chief was able to avoid testifying.
In fall 2013, Hickey's mother died and Burke came to her wake to ask if the detectives were still sticking to the cover-up story, Hickey testified.
Hickey explained how paranoia escalated once federal investigators began examining the police department. At one point, he said, he saw Burke on his hands and knees searching his car for a GPS tracker or wiretap.
The "inner circle" also became very concerned about leaks to the media that were unfavorable to Burke, especially leaks to the Long Island newspaper Newsday, Hickey said.
Hickey said Spota authorized a wiretap of one Suffolk County police officer's phone because the officer was suspected of sharing information with Newsday. McPartland made up a cover story about officer safety to explain the wiretap, Hickey said.
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