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Jan 26, 2011 10:43 AMPublication: The Southampton Press

Jury Selection In Kabot DWI Trial Slated To Start On Thursday

Jan 26, 2011 10:43 AM

The DWI trial for former Southampton Town Supervisor Linda Kabot, who was arrested in September 2009 in Westhampton Beach, is slated to begin on Monday, January 31, in Riverhead Town Justice Court—though the start date could still be pushed back.

When the trial begins “depends on how long jury selection takes,” said Robert Clifford, a spokesman for Suffolk County District Attorney Thomas Spota.

Jury selection is expected to start today, January 27, at 9:30 a.m., according to William Keahon, Ms. Kabot’s defense attorney. He anticipates that it will wrap up on Friday, January 28, allowing for opening statements to begin on schedule at 9:30 a.m. this Monday.

Riverhead Town Justice Allen Smith originally scheduled the trial to begin last October but delayed it by almost three months when prosecutors asked to allow two new witnesses to testify at the trial. According to Mr. Clifford, the witnesses, who he declined to identify, are expected to testify that Ms. Kabot was observed drinking alcohol at Magic’s Pub on Main Street in Westhampton Beach some six to seven hours before she was pulled over by Westhampton Beach Village Police and arrested in the early morning hours of September 7, 2009.

Ms. Kabot, who lives in Quogue, was charged with DWI, a misdemeanor. She is fighting the charge and, in previous interviews, has stated that the arresting officers were “overzealous” in their approach. Village Police said they observed her car cross over the double yellow line while she was turning from Sunset Avenue onto Main Street. Ms. Kabot refused to take a Breathalyzer test, authorities said.

Two months later, Ms. Kabot lost her reelection bid to Supervisor Anna Throne-Holst.

The statements by the two new witnesses could contradict what Ms. Kabot told officers on the morning of her arrest on Labor Day 2009: that she had consumed only two glasses of wine at her sister’s house in East Moriches the prior evening, Mr. Clifford has previously stated.

The court must still decide whether or not the two witnesses will be allowed to testify, Mr. Clifford said.

Mr. Keahon, who said he thinks the two witness are employees of the now shuttered Magic’s Pub, said that decision is expected today, January 27.

Magic’s Pub closed last month after the State Liquor Authority opted not to renew the establishment’s liquor license due to the legal troubles of its owner, Donald Clark MacPherson. He was arrested in March 2009 and accused of playing a principal role in a $82 million mortgage fraud scheme that targeted homes on the East End.

“I don’t really care either way because [Ms. Kabot] was never there at Magic’s on that day,” her attorney said. “So, any evidence that they’re going to attempt to get out, if the judge permits it, will certainly not be truthful testimony, and I’ll deal with those witnesses on the stand.”

Mr. Clifford said he does not know how long the trial will last, pointing out that it depends on the number of witnesses.

Mr. Keahon declined to comment further on the upcoming trial, saying, “I would rather have it happen in the courtroom.”

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Stay the course, Supervisor Kabot. We are depending on you.
By highhatsize (4217), East Quogue on Jan 26, 11 1:03 PM
1 member liked this comment
Can't wait to see her get her just deserts.
By peoplefirst (787), Southampton on Jan 26, 11 1:32 PM
2 members liked this comment
i like cheesecake
By CaptainSig (716), Dutch Harbor on Jan 26, 11 10:30 PM
It's to bad we can't see you get yours.
By reg rep (408), Southampton on Jan 26, 11 4:24 PM
1 member liked this comment
I bet he didn't know Linda's mom would be here. Peoplefirst, apologize to Linda's mom
By razza5351 (551), East Hampton on Jan 27, 11 3:10 PM
I thought this case ended six months ago
By EastEnd68 (888), Westhampton on Jan 26, 11 6:51 PM
It will be interesting to see what comes out of this. Who did what, or didn't. The article doesn't mention the late night phone call to Anna, yet that's key.
By goldenrod (505), southampton on Jan 27, 11 10:17 PM
1 member liked this comment
I still do not understand why this is "news".
By North Sea Citizen (568), North Sea on Jan 28, 11 6:05 AM
to North Sea Citizen:

It's news because of the suspicion that Linda was set up by the STPD/WHPD for daring to try to rein in STPD salaries. (Not) coincidentally, the STPD and the WHPD are the only police jurisdictions in NYS that have mandatory twenty-year p.d. retirement rules on their books. It was this provision that Linda unsuccessfully attempted to enforce as Supervisor. The mean salary of an STPD officer is $150K without overtime being included. Those improperly still on the payroll ...more
By highhatsize (4217), East Quogue on Jan 28, 11 12:18 PM
Please backup your claims that the STPD mean salary is North of 150k without OT being included. Feel free to use www.SeeThruNY.com to help you.
By Nature (2966), Hampton Bays on Jan 30, 11 9:28 PM
to Nature:

You are a year late to the party. The salaries (without overtime) were posted on the Town website when Linda Kabot was Supervisor. Unsurprisingly, they have since been removed.

Tried the site you recommended. It didn't work. Sorry. You could try it yourself.
By highhatsize (4217), East Quogue on Jan 30, 11 11:15 PM
Get a list of all STPD and look their salaries up individually. You can do it, I believe in you.
By Nature (2966), Hampton Bays on Jan 31, 11 10:23 AM
to Nature:

No, I mean that it didn't work. The site froze my computer and I had to cntrl-alt-delete to get out.

Being the only party to this discussion to have actually provided documentary evidence of p.d. salaries, (the list posted on the Town website by Supervisor Kabot [removed by the new administration]), it is amusing to be told by others that "I" should uncover MORE documentary evidence that they KNOW will refute MY evidence but which they themselves are unwilling to go ...more
By highhatsize (4217), East Quogue on Jan 31, 11 11:00 AM
I have no interest in doing your legwork. You take every chance you can get to call out the STPD for being some kind of unruly mob and it is all hearsay backed up by 0 evidence.

You are the modern day example of the Boy who Cried Wolf - I hope the Wolf ends up getting you in the end.
By Nature (2966), Hampton Bays on Jan 31, 11 11:04 AM
to Nature:

Of course, there is a pot of gold (information) at the end of the rainbow that will annihilate my arguments but you can't be bothered to pick it up.

The en masse, in-uniform mobbing of a ST Council meeting by off-duty PBA cops is "1" evidence of mob mentality. There's a video.

Interesting fable. I am crying "wolf" (i.e. the cops are stupendously overpaid and unprofessional). Ergo, I will be ignored when it is finally revealed that the cops ARE stupendously ...more
By highhatsize (4217), East Quogue on Jan 31, 11 11:33 AM
The way I see that Fable playing out is you consistantly say how evil and mob like the STPD is - I hope in the end you find out you are right by them arresting you on a bogus chage like, slander perhaps.
By Nature (2966), Hampton Bays on Jan 31, 11 12:17 PM
to Nature:

It would be "libel". Libel is print; slander is speech.

In both cases, truth is an absolute defense.

Your reading of the fable is not apt. Postulating that I am constantly saying that the STPD is evil and mob like, the fable's point is made by the STPD finally BEING evil and mob like and the fact being ignored because people have become used to my assertion.
By highhatsize (4217), East Quogue on Jan 31, 11 1:37 PM
Cops not retiring after 20 years does lead to a top heavy organization with less "foot soldiers" on patrol. As for the salaries I think the $150,00 is a bit high, I believe it was in the $120K-130Kish range before OT. Which is high compared to city cops who face a great deal more danger. Still it is less than 5% of what my school taxes are. For what the school is putting out I'm much less pleased with it's performance than that of the SHPD.
By ICE (1214), Southampton on Feb 1, 11 6:38 PM
Amazing, highhat, that you make every effort to belittle the locals PDs, then go out of your way to make it look as though a 1/2 dozen of them conspired to pull this off.
Your lies are really getting tired. The "mean" salary is no where near 150K and you darn well know that.
Give it up and get a life.
Learn how to go hunting or fishing and support the local economy.
By Terry (380), Southampton on Jan 28, 11 1:19 PM
to Terry:

Well, since the Town has taken down the document showing STPD salaries from the Town website, there is no longer a reference to which I can point readers for authority. As I recall, that document showed the mean to be $150K without overtime included but it might have been $130K. In any case, it was outrageous.

Note that I said, BEFORE OVERTIME. There is no way that the Town Councilmembers we will ever have the temerity to post cops' TRUE salary but overtime probably ...more
By highhatsize (4217), East Quogue on Jan 28, 11 1:57 PM
1 member liked this comment
Once again, if you have issues, grow some and FOIL the information. Much better than just making things up.
By Terry (380), Southampton on Jan 29, 11 9:51 AM
to Terry:

We have had this conversation at least twice before. I won't file a Freedom Of Information Act request because I don't want the cops to know my identity. (On the other hand, you seem convinced that I am "Vince", so you could sic your old buddies on that unfortunate.) YOU could file, though. As an ex-cop, your former colleagues couldn't possibly object to your publishing the data on their reasonable remuneration. Then you could rub my face in the fallacious sums that I have ...more
By highhatsize (4217), East Quogue on Jan 29, 11 11:00 AM
Take off your tinfoil hat and FOIL the documents. It is grossly absurd to think that FOIL'ing the pay of STPD will result in harassement and unwarranted police attention. Perhaps what you truly fear is doing so and finding you are wrong. Or worse, having someone FOIL it after you and thus learning your true identity.

To essentially accuse the STPD of being a collectively unprofessional, grudge holding, bias having, vengeful mob who would harass and abuse a citizen for looking at public ...more
By Nature (2966), Hampton Bays on Jan 30, 11 9:32 PM
to Terry:

See above.
By highhatsize (4217), East Quogue on Jan 30, 11 11:10 PM
"sicing" anyone on anybody is what you want though, isn't it? I've been around here a while, never saw or heard of it happening.
You have yet to ad dress that you condemn the abilities of local PDs to be an effective agency, yet you claim they were able to conspire to do something on the scale of a local Watergate moment. Grow up and get a life.
By Terry (380), Southampton on Jan 29, 11 1:06 PM
to Terry:

Hardly Watergate. The WHPD cop was simply at his customary post near an intersection that is so wide and asymmetrical that it is almost impossible to make the turn Ms. Kabot did WITHOUT making an innocent and harmless error. (Leaving to the the side the fact that he could have been parked in a locale that statistically sees at least SOME crime.) He pulled over Ms. Kabot using her "improper turn" as probable cause in an s.o.p., DWI fishing expedition and struck gold. A teleconference ...more
By highhatsize (4217), East Quogue on Jan 29, 11 3:09 PM
I don't understand why the WHPD would be out to get someone who has no authority over them as they are a Village. There is nothing wrong with DWI Fishing as long as they pull you over for a legal infraction (which they did). Of course it is unquantifiable, but it is safe to assume a significant number of lives have been saved by nabbing DWI offenders using "fishing techniques". Furthermore, it takes more than a justified traffic stop to bust someone for DWI. They have to have the appearance ...more
By Nature (2966), Hampton Bays on Jan 30, 11 9:27 PM
to Nature:

Why would the WBPD bust a politician who wasn't their boss?

- - Because both the WBPD and the STPD, unique in all of NYS, work under contracts that mandate retirement after twenty years. ST has not enforced this rule, allowing superfluous, aged cops to earn fabulous salaries ($200K in some cases) by working beyond the twenty year retirement date. (Yearly pay increments are enormous BECAUSE the cops are expected to retire in twenty. After twenty cop pay cruises at ...more
By highhatsize (4217), East Quogue on Jan 30, 11 10:55 PM
Praytell HH, where would you like the WBPD to patrol at midnight on holiday weekends which are notorious for having intoxicated drivers? All of WB is "low crime".
By Nature (2966), Hampton Bays on Jan 31, 11 9:45 AM
to Nature:

I don't have access to crime statistics but, judging from crimes that have made the news, - - Montauk Hwy.(?), the locale where a (still unsolved) restaurant robbery went down some time ago.

What I would NOT have a patrol officer do is sit on his butt, hiding near a poorly designed intersection to fish for DWIs. I would have the patrol officer - - here's a radical idea - - patrol! Make his presence obvious on the streets so that those contemplating illegal acts will ...more
By highhatsize (4217), East Quogue on Jan 31, 11 10:39 AM
1 member liked this comment
So you were there? You are now taking press reports as being accurate to the point of being reliable enough to convict or dismissal of charges? Wow.
Close the courtroom, Highhat will now determine the fate of everyone arrested east of One PP.
By Terry (380), Southampton on Jan 30, 11 9:24 AM
to Terry:

This is the Southampton Press commentary forum. You appear to be seeking a clairvoyant site.
By highhatsize (4217), East Quogue on Jan 30, 11 11:16 AM
Keep in mind the phrase "Reasonable Doubt."

The missing video is going to play a key role here IMO, per posts under earlier articles.

By PBR (4956), Southampton on Jan 31, 11 1:54 PM
1 member liked this comment
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By highhatsize (4217), East Quogue on Jan 31, 11 2:33 PM
OK, as predicted, the Press removed the link I posted to a news article about the opening day of trial. To recap, the testimony of the Magic's Pub employees has been been ruled inadmissible so the two week delay and $$1K cost to Linda was completely irrelevant, as expected.

Keahon has alleged the same conspiracy of which I posted but in greater detail.

Google "Kabot DWI trial begins" for the relevant link.
By highhatsize (4217), East Quogue on Jan 31, 11 3:52 PM