Sentencing for ex-Macomb public works boss Anthony Marrocco delayed
PORT HURON − Sentencing for ex-Macomb County Public Works commissioner Anthony Marrocco in a wide-ranging federal corruption probe was delayed until next month after questions about presentence reports.
Marrocco, 74, who pleaded guilty to one count of attempted extortion in September, walked out of the federal courthouse in Port Huron on Thursday with his significant other and other supporters, four men in the front row with whom Marrocco shook hands and chatted.
His new sentencing date is Feb. 28. The delayed date came after a nearly 30-minute break in the proceeding and a five- to eight-minute discussion with both sides in U.S. District Judge Robert Cleland’s chambers.
Judge questions lack of detail in presentence report
Marrocco was indicted on four charges in 2020 in a large federal investigation that netted more than 20 people, including towing titan Gasper Fiore and trash kingpin Chuck Rizzo.
In a sentencing memo filed earlier this month, Marrocco’s attorney, Steve Fishman, cited his client's age, medical problems and nature of the offense in urging a sentence of probation or home confinement. Prosecutors disagreed in their sentencing memo, arguing Marrocco was getting a reduced sentence of 10 to 16 months under his plea deal.
Marrocco pleaded guilty to trying to coerce a Macomb County developer into buying tickets to a campaign fundraiser by threatening to delay or deny the approval of the developer’s permit. The developer didn’t buy any tickets and Marrocco didn’t receive “a dime," Fishman wrote.
More:Former Macomb public works boss Marrocco pleads guilty in corruption probe
More:Ex-Macomb County Prosecutor Eric Smith in federal court: 'I acted for my own benefit'
Cleland said he was concerned that the presentence report for Marrocco — to which neither his attorney nor prosecutors had objections — was “so narrow” that it did not fairly describe the events.
Cleland said he “had to resort” to other materials, including a presentence report for Dino Bucci, who was Marrocco’s right-hand man at public works and a former Macomb Township trustee.
Bucci, a key witness in the Marrocco case, died before he was sentenced for his role in the corruption probe. Bucci pleaded guilty to conspiracy to commit extortion and conspiracy to commit bribery and theft concerning programs that receive federal money.
More:Ex-Macomb official Dino Bucci dies 5 months before sentencing in federal corruption case
Cleland, who presided over the Bucci case, said the two acted together and had a longtime relationship. He said materials for Bucci he reviewed before Thursday's hearing showed a relationship between Marrocco and Bucci. "It's not third-hand rumors. It's not conjecture. It's a sworn statement. … But it's not in the Marrocco papers. There's a wall between those two."
Assistant U.S. Attorney Steven Cares said the parties in the Marrocco case agreed to the plea deal on just one count and the evidence on that charge did not require Bucci's testimony.
Fishman told Cleland that Bucci, under oath, denied what he admitted in his plea agreement and said his word “is bubkes.”
“I’m troubled that you went and looked at that stuff,” Fishman told Cleland, later adding “this is exactly what I didn’t want. I don’t know if we should proceed today.”
Fishman said Marrocco's presentence report was shorter and had fewer facts.
Other material does relate to the single count to which Marrocco pleaded guilty. "We agreed it’s not relevant conduct,” he said.
After the hearing, Fishman told the news media outside the courthouse: "Judge Cleland thought it was a good idea (to delay sentencing), given everything that you heard."
Contact Christina Hall: chall@freepress.com. Follow her on Twitter: @challreporter.
Support local journalism. Subscribe to the Free Press.
This article originally appeared on Detroit Free Press: Sentencing delayed for ex-Macomb official Marrocco in corruption case
