'I Would Not Lie': Tense Cross-Examination of Key Witness Begins in Trial of Ex-Suffolk DA Spota
Larry Krantz of Krantz & Berman, who is representing defendant Christopher McPartland, questioned Hickey about the details of his medical history and whether either incident affected his memory.
December 02, 2019 at 07:05 PM
4 minute read
The defense team for former Suffolk County District Attorney Thomas Spota and his former unit chief Christopher McPartland began its most important cross-examination Monday, attempting to cast doubt on former Suffolk County Police Lt. James Hickey's ability to remember years-old conversations.
Hickey was hospitalized twice, in 2013 and 2015, for issues related to stress. During direct questioning from assistant U.S. attorney Lara Treinis Gatz, he testified that he was under extreme pressure because he was involved in the cover-up of a crime along with Spota, McPartland and former Suffolk County Police Chief James Burke, who has already served a prison sentence for conspiracy to commit obstruction of justice.
Hickey pleaded guilty in January 2016 to the same crime, he testified. McPartland and Spota are charged with obstruction of justice and related offenses.
Larry Krantz of Krantz & Berman, who is representing McPartland, questioned Hickey about the details of his medical history and whether either incident affected his memory. Hickey drank heavily in 2013 until he was hospitalized with pancreatitis related to alcohol use, he testified, but he told Krantz he only drank at home and was rarely hungover.
Krantz highlighted an interview with Hickey's wife recounted in the medical records from his 2015 hospitalization. Hickey was sedated after suffering delusions, according to the records, when his wife told doctors that her husband had suffered mild, non-progressive memory impairment since his 2013 hospitalization.
Hickey's wife is a nurse, Krantz noted. Hickey said he disagreed with her assessment of his skills, saying he frequently multitasked and remembered schedules even though his wife had said he had trouble with those tasks.
"That comes from a woman who can't remember where she put her phone," Hickey said, attempting to bring a moment of higher spirits to the gridlocked cross-examination.
Again and again, Krantz asked Hickey to answer questions with "yes" or "no" and Hickey tried to provide explanations. U.S. District Judge Joan Azrack of the Eastern District of New York repeatedly told Hickey to follow Krantz's instructions, but the session continued to move slowly.
Citing Hickey's conversations with his defense lawyer around the time of Burke's arrest, Krantz asked Hickey if he'd been willing to "do whatever" to avoid charges.
"I was willing to be truthful and cooperative," Hickey said. "No one wants to get charged … I would not lie to not get charged."
Hickey insisted that he was open with the U.S. Attorney's Office about his medical history from the beginning, but Krantz asked why he didn't acknowledge the 2015 episode to the judge during his guilty plea process or to his commanding officer when he came back to work.
In the plea proceeding, Hickey said, he believed he was telling the truth that he was not currently in a doctor's care and had a clear mind. He retired from the police department not long after leaving the hospital and before pleading guilty, but he said he felt much better as soon as he was released.
After more than a day and a half of direct questioning, Hickey's cross-examination is set to continue Tuesday.
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