Christina HallDetroit Free Press
Former Macomb County Public Works Commissioner Anthony Marrocco, who served a federal prison stint after a widespread corruption probe in the county, is asking a federal judge to modify the conditions of his supervised release.
Marrocco wants 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 wants to have house guests for meals or parties.
"The supervised release terms imposed by Judge (Robert) Cleland were by far the most onerous that defense counsel has seen in his lengthy career," Marrocco's attorney, Steve Fishman, wrote in a May 31 motion filed in U.S. District 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."
Fishman continued: "The interests of justice would clearly be served by removing the above conditions of supervised release so that Mr. Marrocco can go to work, have access to the Internet, and meet with his friends and family."
But federal prosecutors urge 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, according to federal court records; and Borman recused himself from the case, which was reassigned to Judge Matthew Leitman.
Marrocco, 76, pleaded guiltyto 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 in 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 argue that since the sentence was imposed, Marrocco "points to no new or unforeseen changes to his circ*mstances that warrant the substantial relief from his sentence he now seeks."
They state home detention will end Nov. 27 and the GPS monitoring component of that home detention will end Aug. 29.
"Judge Cleland found it appropriate then, based on Marrocco's advanced age and health conditions, to impose a brief custodial sentence followed by supervised release with 'sufficiently onerous' special conditions, including home detention to 'replicate conditions of typical confinement,' " prosecutors wrote, adding that nothing about his circ*mstances make the special conditions "any more onerous now than when first imposed."
Prosecutors argue 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.
"Specifically, to appropriately recognize and punish Marrocco's attempt to commit a serious extortion offense, and deter others who might violate the public trust and do the same, Judge Cleland intended that the home detention conditions be 'punitive,' " they wrote. "Were this Court to accede to Marrocco's demand for sentencing relief, Judge Cleland's sensible approach to achieving various sentencing objectives — consider the defendant's characteristics and need for medical care, recognize the serious nature of the offense, provide just punishment, and afford adequate general deterrence — would be undone."
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Fishman replied to the prosecutors' filing three days later, arguing that background included in their response included allegations "that have no business being included in the government's filing nor were they in any way part of the offense to which Mr. Marrocco pled guilty.
"The rest of the government's argument provides no reason to deny the defense motion to modify the conditions of Mr. Marrocco's supervised release," Fishman wrote.
Fishman stated Marrocco has complied with all of the terms of his supervised release, and he has been informed that the probation department has no objection to his request.
The prosecutors' motion also states that during the first nine months of supervised release Marrocco abided by all conditions while 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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