John E. Sprizzo
Encyclopedia
John Emilio Sprizzo was a federal judge for the United States District Court for the Southern District of New York
.
, New York
, where his father was a milkman and his mother cut patterns for dresses. He attended St. John's University in Queens, where he received a Bachelor of Arts
degree in 1956 and was awarded a Bachelor of Laws
from St. John's University School of Law
in 1959.
from 1959 to 1963. Sprizzo was an Assistant U.S. Attorney at the Southern District of New York
from 1963 to 1968, rising to Chief appellate attorney in 1965 and Assistant chief of the Criminal Division in 1966. He taught at the Fordham University School of Law
from 1968 to 1972. In 1970, he went into private practice at the New York firm of Curtis, Mallet-Prevost, Colt & Mosle
, where he helped establish the firm's litigation department.
Sprizzo had served on the Knapp Commission
in 1971, responsible for investigating corruption in the New York City Police Department
. In 1973 and 1974, he had been a defense counsel to John N. Mitchell
, the former United States Attorney General
, successfully defending him against conspiracy and perjury charges related to Mitchell's alleged involvement in the Watergate scandal
.
Daniel Patrick Moynihan
would choose one to nominate to fill the vacancy to succeed Judge Charles H. Tenney
; the other two candidates were Edward Brodsky and Rudolph Giuliani. Moynihan selected Sprizzo to fill the vacancy in February 1980.
Sprizzo was nominated to the court by President Ronald Reagan
on July 29, 1981, to the seat vacated by Charles Henry Tenney
, confirmed by the Senate on September 25, 1981, and received his commission on September 28, 1981.
In 1984, Sprizzo heard an extradition
request from the British government for the return of Joe Doherty
, a member of the Provisional Irish Republican Army
who had killed a British soldier in an ambush in Northern Ireland
, escaped from a prison in Belfast
two days before his conviction and fled to the United States, where he was captured in a Manhattan
bar. Sprizzo ruled that the discipline of the IRA's provisional wing made the killing a political act that was excluded by the extradition treaty between the United States and Britain. A British Conservative
MP Jill Knight called the ruling "a seal of approval to murder, maiming and terrorism". Officials from the US Justice Department called the ruling "outrageous" because it made the United States legal system complicit in terrorism.
Ultimately Sprizzo's ruling led to changes in U.S. extradition laws. Doherty was deported in February 1992.
In 1989, Sprizzo issued a scathing criticism of prosecutors in a drug conspiracy case when he dismissed charges against seven defendants. He sealed the court transcripts to keep his remarks out of the newspapers after he berated the prosecutors for their inadequate preparation. But they were released after The New York Times filed a protest:
In 1995, Sprizzo issued a permanent injunction against two pro-life protesters — a retired Roman Catholic auxiliary bishop and a Franciscan friar — who had blocked the entrance to a women's medical clinic in Dobbs Ferry, New York
on multiple occasions. When the two were arrested in 1996 on similar charges in apparent criminal contempt of the injunction, Sprizzo cleared the men on the basis that they had acted out of religious conviction. Sprizzo acquitted the two men as they had been acting on "sincere, genuine, objectively based" religious convictions, in a decision that The New York Times
described as having "startled both sides in the abortion debate".
Sprizzo assumed senior status
on January 1, 2000, which he retained until his death almost nine years later.
Sprizzo died in Manhattan at age 73 on December 16, 2008 of organ failure
.
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
.
Early life
Sprizzo was born in BrooklynBrooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, where his father was a milkman and his mother cut patterns for dresses. He attended St. John's University in Queens, where he received a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree in 1956 and was awarded a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
from St. John's University School of Law
St. John's University School of Law
St. John's University School of Law is a Roman Catholic law school in Queens, New York City, affiliated with St. John's University. The School of Law was founded in 1925, and confers Juris Doctor degrees and degrees for Master of Laws in Bankruptcy and Master of Laws in U.S. Studies. Over 13,000 St...
in 1959.
Early career
He was an attorney in the Organized Crime Section of the Criminal Division at the United States Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
from 1959 to 1963. Sprizzo was an Assistant U.S. Attorney at the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
from 1963 to 1968, rising to Chief appellate attorney in 1965 and Assistant chief of the Criminal Division in 1966. He taught at the Fordham University School of Law
Fordham University School of Law
Fordham University School of Law is a part of Fordham University in the United States. The School is located in the Borough of Manhattan in New York City, and is one of eight ABA-approved law schools in that city.-Overview:According to the U.S. News & World Report, 1,516 J.D. students attend...
from 1968 to 1972. In 1970, he went into private practice at the New York firm of Curtis, Mallet-Prevost, Colt & Mosle
Curtis, Mallet-Prevost, Colt & Mosle
Curtis, Mallet-Prevost, Colt & Mosle LLP is a New York-based international law firm with 260 attorneys in 15 offices worldwide. In 2009, its declared revenues were approximately $135 million...
, where he helped establish the firm's litigation department.
Sprizzo had served on the Knapp Commission
Knapp Commission
The Knapp Commission stemmed from a five-member panel initially formed in April 1970 by Mayor John V. Lindsay to investigate corruption within the New York City Police Department...
in 1971, responsible for investigating corruption in the New York City Police Department
New York City Police Department
The New York City Police Department , established in 1845, is currently the largest municipal police force in the United States, with primary responsibilities in law enforcement and investigation within the five boroughs of New York City...
. In 1973 and 1974, he had been a defense counsel to John N. Mitchell
John N. Mitchell
John Newton Mitchell was the Attorney General of the United States from 1969 to 1972 under President Richard Nixon...
, the former United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
, successfully defending him against conspiracy and perjury charges related to Mitchell's alleged involvement in the Watergate scandal
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...
.
District Court judge
A bi-partisan 10-member screening committee included Sprizzo as one of three prospective candidates from whom U.S. SenatorUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Daniel Patrick Moynihan
Daniel Patrick Moynihan
Daniel Patrick "Pat" Moynihan was an American politician and sociologist. A member of the Democratic Party, he was first elected to the United States Senate for New York in 1976, and was re-elected three times . He declined to run for re-election in 2000...
would choose one to nominate to fill the vacancy to succeed Judge Charles H. Tenney
Charles Henry Tenney
Charles Henry Tenney was a United States federal judge.Born in New York, New York, Tenney received an A.B. from Yale University in 1933 and an LL.B. from Yale Law School in 1936. He was in private practice in New York City from 1936 to 1942. He was a U.S. Naval Reserve Lieutenant Commander from...
; the other two candidates were Edward Brodsky and Rudolph Giuliani. Moynihan selected Sprizzo to fill the vacancy in February 1980.
Sprizzo was nominated to the court by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on July 29, 1981, to the seat vacated by Charles Henry Tenney
Charles Henry Tenney
Charles Henry Tenney was a United States federal judge.Born in New York, New York, Tenney received an A.B. from Yale University in 1933 and an LL.B. from Yale Law School in 1936. He was in private practice in New York City from 1936 to 1942. He was a U.S. Naval Reserve Lieutenant Commander from...
, confirmed by the Senate on September 25, 1981, and received his commission on September 28, 1981.
In 1984, Sprizzo heard an extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
request from the British government for the return of Joe Doherty
Joe Doherty
Joe Doherty is a former volunteer in the Belfast Brigade of the Provisional Irish Republican Army who escaped during his 1981 trial for killing a member of the Special Air Service in 1980...
, a member of the Provisional Irish Republican Army
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
who had killed a British soldier in an ambush in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, escaped from a prison in Belfast
Belfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...
two days before his conviction and fled to the United States, where he was captured in a Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
bar. Sprizzo ruled that the discipline of the IRA's provisional wing made the killing a political act that was excluded by the extradition treaty between the United States and Britain. A British Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
MP Jill Knight called the ruling "a seal of approval to murder, maiming and terrorism". Officials from the US Justice Department called the ruling "outrageous" because it made the United States legal system complicit in terrorism.
Ultimately Sprizzo's ruling led to changes in U.S. extradition laws. Doherty was deported in February 1992.
In 1989, Sprizzo issued a scathing criticism of prosecutors in a drug conspiracy case when he dismissed charges against seven defendants. He sealed the court transcripts to keep his remarks out of the newspapers after he berated the prosecutors for their inadequate preparation. But they were released after The New York Times filed a protest:
Assistant United States Attorney Margaret S. Groban: It just seems a little hard for us that the first time we hear your honor's interpretation of membership is the day when you are going to let heroin traffickers walk out the door.Judge Sprizzo: Now, wait. You are not going to lay that one on me. You let heroin traffickers out the door by not proceeding in a competent enough fashion to meet the possibility that the judge would not agree with you. . . . Do you know what is wrong with your office, and you in particular? You assume all we have to do is say narcotics.
Groban: That is not true.
Sprizzo: And the judge will roll over and let the case go to the jury. You people have not been trained the way I have been trained, dealing with judges like Judge Wyatt who threw my conspiracy count out, and other judges like Borelli who made the same kind of sophisticated analysis of conspiracy law. Your natural assumption is that we will go in all or nothing because in every case we have gotten away with it. I am telling you that in this case you didn't get away with it. If you had been a competent prosecutor, which you are not, you would have hedged against the possibility that maybe the judge would disagree with you. But it never occurs in the mind of you or anyone in your office that any trial judge will ever disagree with you on the law. Therefore, you do what you want in the face of clear admonitions from the court that these were dice you were rolling. Let's assume I am wrong; let's assume I am erroneous. A competent prosecutor would have hedged against the possibility that the judge might be wrong and decide an issue against the Government, and you put in a separate conspiracy count just to cover that possibility. If these drug dealers are walking free, it is because you did not hedge against that possibility. Don't lay it at my doorstep. I think I am right on the law. But even if I am wrong on the law, if they are walking out of here it is because you people were not competent enough to put in an extra charge in your indictment. Sit down.
In 1995, Sprizzo issued a permanent injunction against two pro-life protesters — a retired Roman Catholic auxiliary bishop and a Franciscan friar — who had blocked the entrance to a women's medical clinic in Dobbs Ferry, New York
Dobbs Ferry, New York
Dobbs Ferry is a village in Westchester County, New York, United States. The population was 10,875 at the 2010 census.The Village of Dobbs Ferry is located in, and is a part of, the town of Greenburgh...
on multiple occasions. When the two were arrested in 1996 on similar charges in apparent criminal contempt of the injunction, Sprizzo cleared the men on the basis that they had acted out of religious conviction. Sprizzo acquitted the two men as they had been acting on "sincere, genuine, objectively based" religious convictions, in a decision that The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
described as having "startled both sides in the abortion debate".
Sprizzo assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on January 1, 2000, which he retained until his death almost nine years later.
Sprizzo died in Manhattan at age 73 on December 16, 2008 of organ failure
Organ failure
Organ dysfunction is a condition where an organ does not perform its expected function. Organ failure is organ dysfunction to such a degree that normal homeostasis cannot be maintained without external clinical intervention.It is not a diagnosis...
.