Thomas J. Mackell (July 19, 1914 – January 27, 1992) was an American lawyer and
Democratic
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
politician from
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
.
Life
He was born on July 19, 1914, 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
The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a public university within the City University of New York (CUNY) system in New York City. Founded in 1847, Cit ...
in 1938, and from
St. John's University School of Law
St. John's University School of Law is a Roman Catholic law school in Jamaica, Queens, New York, United States, affiliated with St. John's University.
The School of Law was founded in 1925, and confers Juris Doctor degrees and degrees for Maste ...
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
The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate.
Partisan com ...
(Ninth District) from 1955 to 1966, sitting in the
170th,
171st,
172nd,
173rd,
174th,
175th and
176th New York State Legislature
The 176th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to July 6, 1966, during the eighth year of Nelson Rockefeller's governorship, in Albany.
Background
Under the pr ...
s. In September 1959, he challenged Borough President of Queens
John T. Clancy
John Thomas Clancy (April 11, 1903 – May 14, 1985Waggoner, Walter H ''The New York Times'', May 17, 1985. Accessed November 29, 2017. "Mr. Clancy was born in Long Island City, the son of Patrick J. Clancy, a grocer, and Mary Clancy, both natives ...
in the Democratic primary, but was defeated. In September 1961, he ran in the Democratic primary for
President of the New York City Council, but was defeated by
Paul R. Screvane
Paul R. Screvane (August 11, 1914 – November 4, 2001) was an American politician. He served as the commissioner of the New York City Department of Sanitation from 1957 to 1961 and president of the New York City Council from 1962 to 1966. He als ...
. At the beginning of the
session of 1965, the Democrats had a majority over the
Republicans
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or again ...
, but were split into two factions: the followers of Mayor
Robert F. Wagner Jr.
Robert Ferdinand Wagner II (April 20, 1910 – February 12, 1991) was an American politician who served three terms as the mayor of New York City from 1954 through 1965. When running for his third term, he broke with the Tammany Hall leadership ...
and the followers of U.S. Senator
Robert F. Kennedy
Robert Francis Kennedy (November 20, 1925June 6, 1968), also known by his initials RFK and by the nickname Bobby, was an American lawyer and politician who served as the 64th United States Attorney General from January 1961 to September 1964, a ...
. During part of the month-long deadlock, Mackell received the 14 votes of the Wagner men for Temporary President, but was eventually replaced with
Joseph Zaretzki
Joseph Zaretzki (March 9, 1900—December 20, 1981) was an American lawyer and politician from New York. He was Majority Leader of the New York State Senate in 1965, the only Democrat in this position since the adoption of the New York State ...
.
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
A Ponzi scheme (, ) is a form of fraud that lures investors and pays profits to earlier investors with funds from more recent investors. Named after Italian businessman Charles Ponzi, the scheme leads victims to believe that profits are comi ...
. In September 1972,
Maurice H. Nadjari Maurice may refer to:
People
* Saint Maurice (died 287), Roman legionary and Christian martyr
*Maurice (emperor) or Flavius Mauricius Tiberius Augustus (539–602), Byzantine emperor
*Maurice (bishop of London) (died 1107), Lord Chancellor and L ...
was appointed as a special prosecutor to probe into corruption in the law enforcement and judicial system of New York City. 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. 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. The case dragged on for months, Mackell himself testified before the grand jury and on February 26, 1973, Mackell transferred the case to the Nassau County D.A.
Nevertheless, Nadjari continued his inquiry into Mackell's office for some months until the special grand jury indicted Mackell for several
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than ad ...
s, and he was arrested on April 12. On April 23, Mackell resigned as district attorney. His trial began on January 14, 1974, and ended on March 2 with his conviction for
conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
, hindering prosecution and
official misconduct
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their ...
. On April 23, he was sentenced to six months in jail. On March 28, 1975, the
New York Supreme Court, Appellate Division
The Appellate Divisions of the Supreme Court of the State of New York are the intermediate appellate courts in New York State.
There are four Appellate Divisions, one in each of the state's four Judicial Departments (e.g., the full title of the ...
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". Nadjari tried to have the Appellate Division overruled by the
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
, but on June 10, the latter upheld the Appellate decision. Afterwards Mackell resumed the practice of law.
Mackell died on January 27, 1992, in
Douglaston, Queens, of
stomach cancer
Stomach cancer, also known as gastric cancer, is a cancer that develops from the Gastric mucosa, lining of the stomach. Most cases of stomach cancers are gastric carcinomas, which can be divided into a number of subtypes, including gastric adenoca ...
.
Sources
{{DEFAULTSORT:Mackell, Thomas J.
1914 births
1992 deaths
Politicians from Queens, New York
Democratic Party New York (state) state senators
St. John's University School of Law alumni
City College of New York alumni
Queens County (New York) District Attorneys
20th-century American lawyers
Members of the Inter-American Dialogue
20th-century members of the New York State Legislature