DiBartolo Filing Final Appeal For Wife’s Murder
SPOKANE – Tom DiBartolo, the former sheriff’s deputy convicted for the murder of his wife Patty, is preparing to file the final appeal of his 1997 murder conviction.
DiBartolo has sent letters to the Spokane County Superior Court, Spokane County Prosecutor and the Washington State Attorney General in preparation of a writ of habaeus corpus, the final appeal for a convict who has exhausted all other appeals.
In his letter DiBartolo claims he is indigent and is asking for free copies of redacted police reports, trial transcripts, photographs from the case, and all reports from the Washington State Patrol Crime Lab and the Spokane Police Identification Unit. DiBartolo says he only makes $2 dollars a day, $60 dollars a month, and cannot afford the cost of the documents in his case.
DiBartolo added in his letter to the courts and prosecutors that wrote he’s made numerous requests to his trial attorney for copies of the documents but his requests have been refused.
“Plaintiff asserts that he has been prejudiced by the denial of access to the raw materials necessary to proceed with his appeal,” DiBartolo wrote. The letter says he’s been “working tirelessly … to research his case and prepare for a filing on the constitutional violations of his case.”
DiBartolo wrote he wants the documents because he has never had “side by side comparisons of facts of this case which will reveal the nature of the violations that will be contained within the plaintiff’s petition.”
The letter sits on Spokane County Judge Jerome Leveque’s desk awaiting a decision.
In a writ of habaeus corpus he has to appear in court for his appeal however DiBartolo indicated he would waive that appearance if the county will grant his request for the documents.
DiBartolo’s latest attempt to appeal his conviction comes too late to make a difference however. He’s filed multiple appeals with various courts including the Washington State Court of Appeals all of which have been rejected. Both the Washington Supreme Court and US Supreme Court refused to review his case. He is attempting to file this writ of habaeus corpus that is more than a year past the deadline to file such an appeal.
DiBartolo was convicted in 1997 of killing his wife Patty and sentenced to 26 years in prison. The 18-year veteran Spokane County Sheriff’s Deputy faked a robbery and shot his wife and then himself with her gun to cover-up the murder.
At trial he claimed that two black men had mugged him and his wife at Lincoln Park and shot his wife in the head and then himself in the side of his abdomen during a struggle over the gun. DiBartolo’s motive for killing his wife was life insurance money. Patty had a $100,000 life insurance policy in her name and Tom, who was having affairs with numerous women, did not want to go through a costly divorce.
Tom DiBartolo is currently serving his 26 year sentence at the Adult Correctional Institute in Cranston, Rhode Island.