When he learned he would have to serve six months' home confinement, former Sheriff Peter R. DeFazio wondered whether he'd be allowed to attend daily Mass.

That was the only question he asked his defense attorney yesterday after his federal court sentencing on a misdemeanor charge of macing.

Mr. DeFazio pleaded guilty in November, 22 days after stepping down from office, to coercing employees to contribute to his campaign fund by threatening them with bad job assignments. He was ordered to serve five years' probation, including six months on electronic home monitoring.

U.S. District Judge Joy Flowers Conti also ordered Mr. DeFazio, 58, to pay a $5,000 fine.

The length of probation was the maximum that could be imposed on a macing charge.

"Macing is a serious offense, albeit a misdemeanor, that was rife in the sheriff's office," she said.

During the explanation of sentencing, Judge Conti mentioned at least three times that the government chose to charge Mr. DeFazio with only a misdemeanor, though in the cases of three other sheriff's office employees, each was charged with felony counts.

Defense attorney Martin Dietz argued to the judge that the cases of the three other sheriff's officials convicted in recent months were not tied to Mr. DeFazio.

Former Capt. Frank Schiralli was sentenced to 26 months in prison for lying to a grand jury about whether lists were kept in the sheriff's office showing which deputies bought fund-raising tickets.

In June, former Chief Deputy Dennis Skosnik was ordered to serve more than five years in prison for bribery, tampering with a witness, mail and wire fraud and money laundering.

Former Lt. Cmdr. Richard Stewart, who was originally charged with making false statements to a grand jury, pleaded guilty to macing after cooperating with the investigation. He was ordered to serve one year of probation.

Judge Conti disagreed with Mr. Dietz's position, noting that all of the other charges had "their genesis in the environment that existed in the sheriff's office."

"He let it go on. He benefited from it," Judge Conti said. "There was an element of greed involved in the offense. It was wrong. You knew it was wrong, and you permitted it to continue."

But the judge, who noted that she received 16 letters on Mr. DeFazio's behalf, also commended him for having a strong marriage of 36 years to his wife, Anita, for his good reputation and his contributions to the community.

While on home detention, Mr. DeFazio will be permitted to leave for Mass, work and some other purposes.

Mr. DeFazio, wearing a closely trimmed beard, only spoke briefly to the judge.

"It's an embarrassment for me to be here," he said.

He apologized to the court for wasting its time "on something like this," and mentioned his embarrassment twice more.

Following the hearing, U.S. Attorney Mary Beth Buchanan said she thought Mr. DeFazio minimized his actions with his comments.

"He let others under his command take the blame for his conduct," Ms. Buchanan said. "He's acting as though others did it when in fact he was directing it."

Mr. Dietz reiterated his stance that Mr. DeFazio never directly participated in macing.

"It went on in his office. He, to this day, will say he had no idea people were forcing campaign tickets on people."

That doesn't mean, Mr. Dietz continued, that his client shouldn't be held responsible.

"The buck stops with him. He's the one on the hook. He should have known this was going on."

First Published: February 24, 2007, 5:00 a.m.