Indicted Sheriff Thompkins files motion to compel evidence
Indicted Suffolk County Sheriff Steven Tompkins filed a motion to compel evidence the government has from a person he allegedly extorted, including emails, texts, and financial information.
Federal prosecutors indicted Tompkins in August after they said he used his top law enforcement position to bully cannabis execs into selling him stock before their company went public. The indictment alleged the sheriff then demanded a refund to “help pay for campaign and personal expenses” when the stock value fell below the value of his initial investment.
The government denied Tompkins’ initial request for the materials from a person who paid out the alleged bribes, referred to as Individual A in court documents.
“The government denies this request. That said, the government is aware of its ongoing discovery obligations under the Local Rules, Federal Rules and case law, and will comply with the same,” prosecutors said in a Dec. 16 letter.
Tompkins’ defense argued that the information must be turned over under Brady rules, which say that those who stand accused have the right to information in the government’s hands that could help their case.
According to the motion to compel, filed Monday, Tompkins is seeking search and seizure warrants that sought data from Individual A, any data including text and emails that came out of those searches, and any financial records from that person starting November 2020 to the end of July 2023 that the government obtained in the course of their investigation.
Based on the affidavit used to obtain Thompkins emails, “There is at least a reasonable probability that the government executed a search warrant on Individual A and/or his internet service provider(s),” the motion stated. If there were search warrants, they should be a part of discovery, Thompkins’ defense argued.
The defense also argued that any communication to and from Individual A during the period of November 2020 to the present could show if and how the person characterized the association and alleged bribery at the time it occurred.
“To the extent that the communications show that Individual A and his associates remained active political allies of Mr. Tompkins, such evidence would substantially undermine the allegation that Individual A was extorted,” the defense wrote.
Thompkins’ attorney noted the defense also needed access to financial records to “evaluate the veracity of the government’s allegations.”
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The defendant previously asked for certain evidence, including his own emails, to be excluded from the trial.
While his legal fees likely start to pile up.Thompkins, who is currently on leave from the sheriff’s office while still holding the elected position, created a legal defense fund to support the ongoing court battle earlier this month.
Both parties will be back in Massachusetts federal district court next year. A final status conference for the case is scheduled for February 9 at 10:45 a.m.
