WHITE PLAINS, NY — June 18, 2012 — Yonkers Tribune sources advised media had camped out near the Federal Court House the early morning on despite it being divulged days earlier that the Hon. Cathy Seibel would issue her judgment at no sooner than 3:30 p.m. today. It was approximately 2:45 pm when I had soaked up enough sunrays to enter the couthouse and be processed through the viglant screening process. As I was looping my belt back on, Mr Nick Spano, his wife, father, and siblings and in-laws, and friends and associates followed me through the security process. I alighted an elevator to Judge Cathy Seibel’s Courtroom to take a seat in the front row. This would become vantage place from which to grasp the judge’s body language as she would reveal her thought process. But that would initially be forced to take a back seat to the process of listening to the government and the defendant advising the judge of having followed the standard protocol, had received all documents necessary, shared pertinent information, and would be moved to accept that each party had so agreed had been the case before the Hon. Seibel.
The government made its case for a sentence of 18 months. The defendants argued a lesser sentence was in order, specifying the many not required benevolence of Nick Spano through his many years of service as an elected offical, as well as of a man not required to to call seniors who found themselves alone on holidays, or chldren who were so challenged that his dressing up as Santa Claus was what was need to bring a glimmer of hope and fun into their day.
While the government’s argument seemed stronges, and the the defendants legal counsel weak in their plea to leniency of a pained man, who was bereft with guilt over besmirching himself, his immediate family, his parents, siblings, in-laws, and friends and colleagues, Judge Seibel did not find it easy arriving at an appropriate sentencing.
Judge Seibel had noted that the public was “sick and tired of have elected officials line their pockets when in office.” People belied they were “suckers and fools” for paying taxes when elected officials thought they could get away without doing so. Judge Seibel reminded the courtroom that the nation has held to the standard of volunteering to pay their due taxes, and that based on that premise, the public must perceive the court’s ruling o be fair and balaced.
Judge Seibel recognized the work and imprint made by the New York State Senator when he was in office. She also recognized that some of his hunmanitarian efforts were of his own volition and not required conduct of the office holder. The third aspect of the balancing act for her were the tenets of the law that she accepted as guidelines from which to deduce a proportionate ruling.
Judge Seibel sentenced Nick Spano to 1 year and 1 day, that upon good behavior would permit him leave after 10 months time, a $30,000 judgment for he conduct on top of having already paid the back taxes on re-filed tax returns that came to the tune of over $50,000.
Judge Seibel’s ruling was exemplary in its balance of facts and dismissal of fiction. She sought balance yet was pained in reaching it. She was clear in noting Mr Spano’s remorse and gave him kudos for his sensibility to the facts.
At about a few minutes before 5 p.m., Mr Nick Spano came before the microphones to advise he had ended one chapter of his life and would enter the next as early as July 9th when he presents himself to the authorities to serve out his sentence. He was pained his how his conduct besmirched the family name and caused pain to his family and friends. While some people would prefer that Mr Spano would have been served a more intense judgment, the judgment to which he must abide will be a harsh one for him.
Nick Spano is 59 years of age. He is expected to be remanded to a minimum security prison.
Yonkers Mayor Mike Spano upon receiving notice of former Senator Nick Spano’s sentencing in an email statement said, “My brother Nick has positively affected a lot of people during his life, personally and professionally. I continue to support him and our family as he takes responsibility for his actions and pays his debt to society. I look forward to the time when he can put this behind him, return to our family and continue to help those around him.”