Former Southampton Town Supervisor's DWI Trial Begins

After more than a year of rumors and charges of conspiracy, the trial for former Supervisor Linda Kabot, who was arrested in the pre-dawn hours of Labor Day 2009 and charged with driving while intoxicated, is slated to begin Monday in Riverhead Town Justice Court, with opening statements scheduled.

Jury selection took place last week.

“I’m very happy with the jury we have,” Kabot’s attorney, William Keahon, said Saturday. “I’m sure they will be fair and base their decision on the evidence. It’s my belief, based upon the evidence and the lack of evidence, that Linda Kabot is not guilty of the accusations that she’s facing.”

The attorney added that after opening statements the first two witnesses expected to take the stand are Westhampton Beach Village police officers Ryan Lucas and Steve McManus, the arresting officers. Lucas and McManus have been key figures in the red-hot controversy that has ignited over Kabot’s arrest.

Breaking news on Thursday, Keahon said, was that Riverhead Town Justice Allen Smith, who will preside over the trial, has ruled not to permit two witnesses from Magic's Pub in Westhampton Beach to testify. Kabot’s trial was delayed last year — it was originally expected to commence in October — when it was learned that the prosecution had two new witnesses, employees of Magic’s Pub, where some said Kabot was seen drinking in the hours prior to her arrest.

Kabot, who was then town supervisor and running for re-election, was arrested at 12:25 a.m. on Sept. 7, 2009 and charged with driving while intoxicated, refusal to submit to a pre-screen breath test, failure to maintain lane and failure to stop at a stop sign. She pleaded not guilty. Kabot stated that she had been returning home from her sister’s 40th birthday party. The arrest report read that police had observed “a strong odor of an alcoholic beverage on her breath, her eyes were red and glassy and she appeared uncoordinated,” and that “the subject also failed field sobriety tests.”

Kabot refused to submit to a breathalyzer test. According to his statement, Lucas said he observed Kabot, who was driving a 2006 gray Toyota, “crossing over the double yellow prior to making” the left-hand turn onto Main Street, and failing to maintain lane of travel. But the supervisor’s arrest sparked a firestorm of controversy in sleepy Westhampton Beach, with rumors ablaze about a possible conspiracy theory — and some alleging Kabot was set up.

Keahon echoed that belief: “I think she was targeted. I don’t think she was driving while intoxicated. I think I’ll be able to establish the connections between her running for re-election and the arrest.” He continued, “The [Southampton Town Patrolman's Benevolant Association] was opposing her and supporting the other candidate, and I’ll be able to establish the connection between her arrest and the relationship between the Westhampton Village Police and the Southampton Town Police Department.”

At the time, Kabot and the PBA were in disagreement as she considered cutting jobs from the town police department. After her arrest, Kabot lost the election to then-Councilwoman Anna Throne-Holst.

Whispers of a conspiracy theory swirled when it was learned that police shut off dashboard video cameras for four minutes during the arrest. Lucas said he turned off the camera at the time to review the tape. Pre-trial hearings involved the admissibility of the video recorded during the incident, and her refusal to take the breathalyzer test, according to Robert Clifford, the spokesman for Suffolk County District Attorney Thomas Spota. The judge ruled in favor of admitting the video taken during Kabot’s arrest, as well as statements she made at the time.

Keahon said Sunday that after Kabot was pulled over and officers began questioning her, another police vehicle pulled up with two sergeants. “McManus runs up to them and says, ‘Look who we got!’ and shows them the driver’s license,” Keahon said.

Keahon has alleged that McManus called Westhampton Village Police Sgt. Trevor Gonce, who may have contacted the PBA president, Patrick Aube. Gonce admitted he spoke to McManus and Aube, but said on the first affidavit he gave he mistakenly said he had not spoken to anyone.

When she was arrested, Kabot said in a statement that she refused the breathalyzer due to concerns that her rights were being “infringed” by an arresting officer, who she believed was training the other officer on administering sobriety tests.

Westhampton Beach Village Mayor Conrad Teller said Sunday he had no comment on the conspiracy theory. “The police did their job, what they were supposed to do."

Kabot said she could not comment on the trial; all questions would have to be referred to her attorney.

Opening arguments are slated to begin at 10 a.m.