Federal judge says no to parties, TV for ex-Macomb public works boss Anthony Marrocco
A federal judge Thursday denied a motion by former Macomb County Public Works Commissioner Anthony Marrocco, who asked to modify the conditions of his supervised release to allow for entertainment and hosting guests, meals and parties, among other requests.
U.S. District Judge Matthew Leitman backed the sentence originally handed down by Judge Robert Cleland.
"The Defendant's motion does not identify any factors that persuade the Court to deviate from Judge Cleland's thoughtful and carefully-considered determination," Leitman wrote in his order denying the motion. "The Court therefore declines to modify the conditions."
Steve Fishman, the attorney representing Marrocco, had no comment in an email to the Free Press. The U.S. Attorney's Office had no comment, spokesperson Gina Balaya wrote in an email.
Marrocco, who served a federal prison stint after a widespread corruption probe in the county, wanted to drop his required home detention and GPS monitoring and end prohibitions on his use of the internet and "entertainment facilities" such as television and online streaming. He also wanted to have house guests for meals or parties.
More: Ex-Macomb public works boss Anthony Marrocco asks judge to modify supervised release terms
"The supervised release terms imposed by Judge Cleland were by far the most onerous that defense counsel has seen in his lengthy career," Fishman wrote in a May 31 motion filed with the court. "Mr. Marrocco has not been able to go to work at his golf course or to visit his numerous grandchildren, nor has he been able to receive business-related emails."
Federal prosecutors urged the court to deny the motion, stating that Marrocco, without exception, has been permitted to leave his home and have his children and grandchildren visit him at home, upon request.
A motion hearing had been set for Thursday before District Judge Paul Borman. Cleland, who handled the case and sentence in his Port Huron courtroom, has retired. On Monday, the hearing before Borman was canceled and Borman recused himself from the case, which then was reassigned to Leitman.
Marrocco, 76, pleaded guilty to one count of attempted extortion in September 2022. He was sentenced in March 2023 to three months in federal prison and two years of supervised release with conditions. He began supervised release Sept. 1, 2023, after serving nearly three months in federal prison.
Conditions of his supervised release included:
For the first 450 days, Marrocco was restricted to detention at his Michigan home with certain exceptions.
While on detention, he would be monitored by GPS for 360 days.
He could not access the internet or use or possess electronic devices capable of connecting to the internet, including broadcast TV or online streaming.
He couldn't host meals, parties or celebratory events, and guests had to be preapproved.
In their June 14 response, federal prosecutors argued that since the sentence was imposed, Marrocco "points to no new or unforeseen changes to his circumstances that warrant the substantial relief from his sentence he now seeks."
They stated home detention will end Nov. 27 and the GPS monitoring component of that home detention will end Aug. 29.
Prosecutors argued that Cleland crafted the supervised release component of Marrocco's sentence, including home detention, in lieu of imposing a lengthier custodial sentence called for by the applicable sentencing guidelines.
Fishman and prosecutors stated Marrocco has complied with all of the terms of his supervised release, with prosecutors saying he had been confined at his personal residence overlooking the golf course he owns.
Contact Christina Hall: chall@freepress.com. Follow her on X, formerly Twitter: @challreporter.
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This article originally appeared on Detroit Free Press: Judge denies Anthony Marrocco motion to modify supervised release
