Feds seeking 20 years in prison for McCabe
Former Norfolk sheriff awaiting sentencing for 2021 bribery conviction
Federal prosecutors say former Norfolk sheriff Bob McCabe should serve 20 years in prison for what they describe in court documents as “a monumental betrayal of public trust.”
But defense attorney James Broccoletti says even “a short sentence may be a death sentence” for McCabe. He’s asking that the 64-year-old serve five years behind bars after his conviction on 11 bribery and corruption charges during a federal trial last year.
The statements are included in sentencing memorandums submitted to U.S. District Court in Norfolk Friday. McCabe is slated to be sentenced May 20.
McCabe served as Norfolk’s sheriff from 1994 to 2017. He resigned the post abruptly amid a federal probe into bribes he took from two longtime jail contractors in exchange for their favorable treatment in the bidding process.
One of the jail vendors, Gerard “Jerry” Boyle, was sentenced to three years in federal prison in February after pleading guilty to a single charge of conspiring to commit mail fraud. The other vendor, John Appleton, owner of ABL Management Inc. in Louisiana, was granted immunity from prosecution in exchange for his cooperation.
Though McCabe has denied soliciting and taking bribes from the contractors, he “also recognizes his shortcomings, mistakes and errors in judgement which ultimately resulted in his current situation,” Broccoletti wrote in the defense’s sentencing memo.
“Mr. McCabe maintains his innocence but recognizes that he will be sentenced by this court as a guilty individual prior to being able to assert his claims of innocence before the appellate courts,” wrote Broccoletti, who has said he will appeal McCabe’s convictions.
Accompanying the motion are 49 pages of character statements pleading for a lower sentence. Letter authors include McCabe’s family and former sheriff ’s office colleagues as well as former Norfolk City Councilman Randy Wright — many of whom cited McCabe’s improvements to Norfolk City Jail and his deterio
rating health as reasons for less prison time.
What paints a more accurate picture of McCabe’s character, prosecutors said, are sheriff’s office employees who testified at McCabe’s August trial.
“And their testimony revealed a vindictive man who was willing to abuse his subordinates, steal, and lie to further his own stature in the community and support his luxurious lifestyle,” Assistant U.S. Attorney Anthony Mozzi wrote in the sentencing memo.
Each of the 11 charges McCabe was convicted on carries a maximum penalty of 20 years in prison. Judges can levy sentences within or outside sentencing guidelines.
Earlier this year, McCabe requested a competency evaluation ahead of sentencing due to early-onset Alzheimer’s disease. But U.S. District Judge Arenda Wright Allen denied the request, writing that McCabe’s diagnosis alone isn’t enough to indicate he’s incompetent.
Broccoletti reiterated the health concerns in the court documents filed Friday. Due to his former law enforcement role, McCabe has been in solitary confinement for 23 hours a day since his conviction — circumstances which have exacerbated McCabe’s condition, Broccoletti said.
“Mr. McCabe hopes to be able to have at least the opportunity to see his beloved wife Janet as a free man, and while he still remembers her,” Broccoletti wrote.
Plus, Broccoletti added — McCabe had no criminal record prior to his convictions. That, coupled with McCabe’s health issues, lowers his risk of committing future crimes, Broccoletti wrote.
But deterrence from future criminal activity extends to all elected public officials — not just McCabe — prosecutors contended.
“A 240-month sentence will serve as a warning to all those who seek and hold elected office that there are severe consequences when they abuse that trust for financial gain,” Mozzi wrote.