On a dramatic third day in court, former nonprofit executive James Spingola, who is facing multiple felony charges for aiding and abetting the misappropriation of public funds, was denied his request for a court-appointed lawyer.
The reason behind the denial, Judge Matthew Kahn and Assistant District Attorney Erin Loback pointed out on Friday morning, is the nearly $530,000 in Spingola’s bank account. A court-appointed lawyer, they continued, is reserved for defendants experiencing severe financial hardship.
In response, Spingola said that he will represent himself if he has to — a move that would put him at a great disadvantage when the trial begins. Spingola informed the court that he has stage four cancer, which has spread to his bones.
“One day in the hospital will cost me everything,” said Spingola, on his refusal to use his savings to hire a private attorney. “I can’t jeopardize my quality of life. At one point I have to stop and start taking care of me.”
Spingola is facing multiple felony charges for aiding and abetting former head of the Human Rights Commission Sheryl Davis, who is facing 17 felony counts for misappropriating public funds — money that the district attorney’s office says was used to pay for Davis’ personal expenses, including luxury trips for her and Spingola to Martha’s Vineyard.
Davis is also accused of directing over $1 million in grants to Spingola’s nonprofit Collective Impact, without disclosing that she and Spingola shared a home, a vehicle and multiple bank accounts at the time.
Spingola was previously being represented by criminal defense attorney Randy Knox, but told the court that he could no longer afford to pay Knox’s legal fees.
Spingola lost his job as the director of Collective Impact last October, months before he and Davis were arrested in March and charged by the district attorney. Currently, Spingola said, he is living off of social security benefits.
“I have cancer running through my bones right now, I have lost a kidney, I have had a heart attack. At the end of the day, this stress has made it even worse,” said Spingola.
Spingola said that he is “not promised to live” through court proceedings and is currently “preparing his funeral.”
“If you can give me advisory counsel that would be great,” he said, addressing Judge Kahn. “But if not, you’re asking me to choose to be homeless and not able to pay my bills.”
“Based on what is in front of me I can’t just appoint counsel to you,” Kahn said to Spingola. “Because I see that you are able to afford counsel.”
As Spingola addressed the court, Davis stood beside him, occasionally removing her glasses to wipe a tear from her face. Last year, Davis told Mission Local that she and Spingola had shared an address because she was taking care of him through his illness. Spingola, she said, didn’t want his illness to be “public knowledge,” and she therefore didn’t disclose that they shared a home. As of October 2024, voting records corroborate that Davis and Spingola shared the same address.
“The hardest part of this is James, he didn’t want people to know he was sick,” Davis said to Mission Local in May of last year. “I was like, do I say? It’s not my place to say. It became this thing, and I didn’t want the stress of this to trigger him. There were just all these things in play. I just want it to go away and disappear.”
Any potential conflict of interest between a city official and a recipient of city grants is required to be reported to city authorities, including friendships. While Davis reported one conflict of interest with Collective Impact — that she was the former head of the organization — she did not report her ties to Spingola, according to the district attorney’s office and the city attorney, which also conducted a probe into Davis’ spending.
Also present in the courtroom was Davis’ lawyer, high-profile criminal defense attorney Tony Brass, who told the courtroom that he was making a one-time, “special appearance,” on behalf of Spingola, since the question of who would serve as his attorney was not yet settled. During the hearing, Brass stood off to the side and watched Spingola converse with Judge Kahn. At one point, Kahn asked Brass if he wanted to review Spingola’s financial disclosure statement, which he declined.
If Spingola decides to represent himself, Kahn warned, he might still be barred from doing so if he fails to follow courtroom procedures.
“Self representation is almost always unwise,” said Kahn to Spingola. “You will be opposed in the case by a professional attorney who will hold an advantage over you.”
When Kahn asked Spingola if he has any disabilities that could interfere with his ability to represent himself, Spingola responded that his illness almost certainly would. When Kahn asked again if Spingola could represent himself, Spingola responded, “I can’t answer that.”
The court gave Spingola another week to think it over. On June 3, he is expected to return to court to declare whether he will in fact represent himself.
When asked for comment, Spingola declined to speak to the press.
With that kind of grift, there is more money secreted away. Now you want a pity party.
“I can’t jeopardize my quality of life. At one point I have to stop and start taking care of me.”
This the attitude that led to him allegedly perpetrate this fraud, his being indicted and now going on trial.