Thomas J. Mackell

Thomas J. Mackell (July 19, 1914 – January 27, 1992) was an American lawyer and Democratic politician from New York.

Life

He was born on July 19, 1914,[1] in New York City. He worked as a power maintainer in the subways while attending college and law school. He graduated from the City College of New York in 1938, and from St. John's University School of Law in 1942. The same year he joined the police force and became a detective in 1946. He left the police in 1952, and practiced law instead. He also entered politics as Democrat.

Mackell was a member of the New York State Senate (Ninth District) from 1955 to 1966, sitting in the 170th, 171st, 172nd, 173rd, 174th, 175th and 176th New York State Legislatures. In September 1959, he challenged Borough President of Queens John T. Clancy in the Democratic primary, but was defeated.[2] In September 1961, he ran in the Democratic primary for President of the New York City Council, but was defeated by Paul R. Screvane.[3] At the beginning of the session of 1965, the Democrats had a majority over the Republicans, but were split into two factions: the followers of Mayor Robert F. Wagner Jr. and the followers of U.S. Senator Robert F. Kennedy. During part of the month-long deadlock, Mackell received the 14 votes of the Wagner men for Temporary President,[4] but was eventually replaced with Joseph Zaretzki.[5]

He was District Attorney of Queens County from 1967 to 1973.

Ponzi scheme

On August 1, 1972, Mackell announced that nine of his assistant D.A.s, among them his son-in-law James D. Robertson, were cited in a federal investigation for income tax evasion as having invested money in a Ponzi scheme.[6] In September 1972, Maurice H. Nadjari was appointed as a special prosecutor to probe into corruption in the law enforcement and judicial system of New York City.[7] On October 10, the defence of Joseph Ferdinando, the operator of the Ponzi scheme, asked the Appellate Division to remove Mackell from the case, because his assistants were involved in it.[8] On October 22, it became known that, when the first complaint against the Ponzi scheme operator had been made, Mackell assigned his son-in-law to the case, knowing that he had invested in the scheme.[9] The case dragged on for months,[10] Mackell himself testified before the grand jury[11] and on February 26, 1973, Mackell transferred the case to the Nassau County D.A.[12] Nevertheless, Nadjari continued his inquiry into Mackell's office[13] for some months[14] until the special grand jury indicted Mackell for several misdemeanors, and he was arrested on April 12.[15] On April 23, Mackell resigned as district attorney.[16] His trial began on January 14, 1974,[17] and ended on March 2 with his conviction for conspiracy, hindering prosecution and official misconduct.[18] On April 23, he was sentenced to six months in jail.[19] On March 28, 1975, the New York Supreme Court, Appellate Division overturned the conviction and dismissed all charges, for lack of evidence, saying that "Nadjari was guilty of constant and patent disregard of the basic rules of evidence".[20] Nadjari tried to have the Appellate Division overruled by the New York Court of Appeals, but on June 10, the latter upheld the Appellate decision.[21] Afterwards Mackell resumed the practice of law.

Mackell died on January 27, 1992, in Douglaston, Queens, of stomach cancer.[22]

Sources
  1. "Mackell, Thomas J." at Social Security Info
  2. Dales, Douglas (September 16, 1959). "Clancy Wins Democratic Test For Queens Borough President". New York Times. p. 34. Retrieved July 4, 2019.
  3. Kihss, Peter (September 8, 1961). "Politicians' Comments on Primary Election Run Gamut From Joy to Gloom". New York Times. p. 24. Retrieved July 4, 2019.
  4. "Albany Deadlock Holds". New York Times. January 13, 1965. p. 15. Retrieved July 4, 2019.
  5. Apple Jr., R.W. (February 4, 1965). "Zaretzki Wins As G.O.P. Steps in< Giving Wagner Man Needed Votes; Deadlock Persists in Assembly – Travia Bid Fails – Republicans Unable to End Impasse on a Speaker". New York Times. p. 1. Retrieved July 4, 2019.
  6. Burnham, David (August 2, 1972). "9 in Mackell's Office Cited In a Tax Evasion Inquiry". New York Times. p. 1. Retrieved July 4, 2019.
  7. Burnham, David (September 24, 1972). "Man for The Fight Against Corruption: Nadjari". New York Times. p. E9. Retrieved July 4, 2019.
  8. Burnham, David (September 24, 1972). "Defense Lawyer Wants Nadjari To Supersede Mackell on Case". New York Times. p. 52. Retrieved July 4, 2019.
  9. "D.A.'s Son-In-Law Got Fraud Case". New York Times. October 22, 1972. p. 1. Retrieved July 4, 2019.
  10. Clark, Alfred E. (February 10, 1973). "Nadjari Jury Told of Get-Rich Plan". New York Times. p. 28. Retrieved July 4, 2019.
  11. Burnham, David (February 24, 1973). "Mackell's Financial Data Asked After Grand Jury Appearance". New York Times. p. 1. Retrieved July 4, 2019.
  12. Silver, Roy R. (February 27, 1973). "Mackell Relinquishes Ferdinando Case to Nassau". New York Times. p. 74. Retrieved July 4, 2019.
  13. "Special Grand Jury Hears Mackell for Over 3 Hours". New York Times. March 29, 1973. p. 33. Retrieved July 4, 2019.
  14. "Grand Jury Queries Mackell a 4th time". New York Times. April 5, 1973. p. 34. Retrieved July 4, 2019.
  15. Burnham, David (April 13, 1973). "Mackell Indicted in a Fraud Case With Son-in-Law and Former Aide; Hindering Prosecution Charged – Guilt Is Denied – District Attorney Says He Will Stay on Job – Waits 'Public Airing'". New York Times. p. 1. Retrieved July 4, 2019.
  16. Burnham, David (April 24, 1973). "Mackell Resigns in Face of Move to Force Him Out". New York Times. p. 1. Retrieved July 4, 2019.
  17. Burnham, David (January 13, 1974). "Mackell Facing Trial Tomorrow". New York Times. p. 72. Retrieved July 4, 2019.
  18. Chambers, Marcia (March 3, 1974). "Mackell is Guilty Along With Aides in Queens Swindle – Ex-District Attorney and 2 Are Cited on 6 Charges of Blocking Inquiry – An Appeal Is Planned – Prosecutor Is City's First to Be Convicted of Crime Committed in Office". New York Times. p. 1. Retrieved July 4, 2019.
  19. "Mackell Draws 6 Months in Jail – Son-in-Law Gets the Same Term in Covering Up of Queens Swindle". New York Times. April 23, 1974. p. 1. Retrieved July 4, 2019.
  20. Chambers, Marcia (March 29, 1975). "Court Overturns 1974 Convictions of Mackell and 2 – Voids Conspiracy Indictment of Ex-Queens Prosecutor, Son-in-Law and an Aide – Lack of Evidence Cited – Nadjari Scored for Neglect of 'Basic Rules' – Murtagh Chastised – Appeal Set". New York Times. p. 1. Retrieved July 4, 2019.
  21. "Appeals Court Bars Retrial of Mackell In a Nadjari Case". New York Times. June 11, 1975.
  22. Barron, James (January 28, 1992). "Thomas J. Mackell Is Dead at 77". New York Times. p. A18. Retrieved July 4, 2019.
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