Republican candidate for Congress Matt Doheny on Friday released records of two 'boating under the influence' charges against him, after his primary opponent called for their release.
The two charges, from 2004, were first reported Tuesday in the Watertown Times. Doheny volunteered the documents to the newspaper, which was preparing a profile of him.
However, the Doheny campaign refused to provide the same documents to 7 News and other news organizaions Tuesday, and it was not until Doheny's primary opponent, Doug Hoffman, called for their release Friday that the Doheny campaign relented.
The documents describe two incidents in July 2004. The newspaper reported that in both cases, Doheny was returning to his private island from Alexandria Bay.
In releasing the documents Friday, Doheny issued a statement saying "Let me underscore my profound regret and disappointment in myself and my judgement on those two nights. I made a terrible mistake."
He blasted the Hoffman camp for "inaccuracies" in Hoffman's statement. The Hoffman press release Friday was wrong in several details.
First Incident
In the July 10 incident, Doheny told the Coast Guard officials boarding his boat "he was a lawyer and wanted us to leave," according to a statement by Adam Moss, a member of the Coast Guard.
Moss said he "noticed the subject to be stumbling and slurring his speech." He also described Doheny as uncooperative and yelling.
As a result, Doheny was handcuffed.
"During the handcuffing, Mr. Doheny physically resisted Officers Chatland and Moss by pulling away and trying to turn and face the officers," reported another member of the Coast Guard, Jade Andrews.
Doheny eventually took a chemical sobriety test "but would clearly not blow into the device and bit the device several times," Ryan Chatland, another Coast Guard member, wrote in a report.
Second Incident
During a second stop on July 24, Doheny was described as "cooperative and polite."
In a statement, Coast Guard Petty Oficer Third Class Jerry Green recorded this exchange:
"Mr. Doheny asked BO (boarding officer, in this case, Green) "Do you know a USCG (U.S. Coast Guard) member named Kring?" I stated "No."Mr. Doheny stated "Mr.Kring is a high ranking person in the USCG." A few minutes later, Mr. Doheny asked the BO "Do you think my friend Mr. Kring can help me in this situation?" I informed Mr. Doheny "I do not know how he can make a difference in this situation."
Green also recorded difficulties giving Doheny a sobriety test with a machine called the "ALCO IV."
"BO had Mr. Doheny practice breathing along with the BO without the ALCO IV, so that he would understand what he had to do. Mr. Doheny performed the practice with no problems exhaling. BO told subject not to spit into ALCO IV, bight BO or stop exhaling until told. BO asked if Mr. Doheny understood and subject replied "I do." BO had Mr. Doheny perform the test. Mr. Doheny sputtered weakly into the ALCO IV with little or no force of breath and test was stopped."
Ater practicing again "without any difficulties exhaling," Doheny was given the test another time.
"This time he sputtered weakly with little force and tried to spit into the ALCO IV, the test was stopped immediately and BO informed the subject he was not breathing into the ALCO IV like he practiced and not to spit into the ALCO IV. Mr. Doheny stated "I'm sick and weak of breath." BO informed the subject that I had given him plenty of chances and was calling the NY State police to come down to assist due to the lack of cooperation he was giving."
"Mr.Doheny stated "No, don't call the state, I will do it." I asked, "Why don't you want the NY State police to come down." Mr. Doheny never answered the question he just repeated "I will do it this time."
Doheny then took the test correctly, Green reported.
Penalties
Although New York has a criminal 'boating while intoxicated' law on the books, Doheny was apparently charged with civil violations of federal law.
Because of that he was never arrested and the case never went to a local court. Under New York law, someone convicted of boating while intoxicated loses his license for at least six months, but because he wasn't charged under New York law, that did not apply to Doheny.
He also never was subject to screening for alcohol problems nor was he required to take any kind of alcohol abuse course, two things that are mandatory for people charged with driving while intoxicated in Jefferson County.
He was fined a total of $1075 for the first incident and $1425 for the second.
Doheny told the Watertown Times he has never since driven a boat after drinking.
Hoffman's Call For Disclosure
Hoffman called Doheny's conduct during the first stop 'disturbing.'
In his statement Friday, Hoffman said "As the father of a decorated New York State trooper and someone who has a deep and profound respect for the professionalism and commitment of our law enforcement, military and homeland security forces, I quite frankly, find it disturbing that a candidate for Congress would act this way with individuals who are sworn to protect us."
When the incidents occured, Doheny was not a candidate for Congress.
Read our original story - with details of the charges -
here
.
Doheny and Hoffman are in a primary, with the winner facing incumbent Congressman Bill Owens.
Jude Seymour, the Watertown Times reporter who broke the story, has posted a longer quote from his interview with Doheny last Friday.
"I'm disappointed in my actions and disappointed as to what happened. I have nothing but deep respect for all forms of law enforcement, but in particular right here on the border, the Coast Guard, and the great important job that they do. ... Obviously, I had been drinking. Again, I look back and am deeply regretful for my behavior. I was very disoriented. It was literally middle evening, pitch dark and you get a light shined on you. There was no physical contact whatsoever. Again, turn back time, do I regret what happened? Would I change it? Of course, I would. It was a terrible mistake. There was no physical contact."
(Read the entire post here.)
The dust up over Doheny's BUI comes as Hoffman and Doheny vie for the Republican nomination, with both men portraying themselves as conservatives.
Hoffman was the insurgent candidate in the 23rd Congressional District last November, allying himself with the conservative base of the Republican Party. He briefly became the national symbol for the Tea Party movement and was heavily covered and lauded by national right wing media, but lost to Owens in a special election.