Judge to allow Linda Kabot arrest video in DWI trial

A judge has ruled against former Southampton Town Supervisor Linda Kabot in her bid to have evidence thrown out of her drunken driving trial.

In a decision released Friday by the Suffolk district attorney's office, Riverhead Town Justice Allen Smith said a video of Kabot's arrest last September, statements she made to police, and her refusal to take a breath-alcohol test may be used by prosecutors at her trial, set to begin in October.

Smith issued the decision Wednesday.

Kabot, 42, of Quogue, and her attorney, William Keahon of Hauppauge, could not be reached for comment.

The Suffolk district attorney's office said Friday prosecutors are "ready for trial."

Kabot, a Republican, was running for re-election when she was arrested by Westhampton Beach Village police shortly after midnight on Sept. 7. She was charged with driving while intoxicated after police said she refused to take a breath-alcohol test.

Kabot has pleaded not guilty. Keahon has argued police set Kabot up to be arrested.

Village and Southampton Town police have denied conspiring to arrest Kabot.

Kabot was defeated in November by Democrat Anna Throne-Holst.

At a pretrial hearing last month, Keahon argued that police mishandled the video and caused a gap in the audio that lasted several minutes.

Smith, in his decision, said the accuracy of the video can be challenged by Keahon at Kabot's trial.

Smith said Kabot initially consented to the breath-alcohol test, then refused three times to take it. "Those refusals were persistent and are admissible," Smith wrote.