Smithtown board to meet for first time since incident between Thomas Lohmann, Thomas McCarthy

They're both Republicans, they sit together on the Smithtown Town Board, and they're even the same age. So why Councilmen Thomas Lohmann and Thomas J. McCarthy got into an altercation that led to Lohmann's arrest on assault charges two weeks ago is a mystery to all but a few people.

But what's clear, as the town board meets Thursday for the first time since Lohmann's arrest, is that the alleged confrontation during a closed-door executive session exposed a rift within the normally unified, all-Republican board.

McCarthy and Lohmann had appeared to mend fences after opposing one another in a 2017 GOP primary, and there was no apparent conflict between the two in recent years.

But the comity dissipated April 7 when Lohmann, according to a criminal complaint, struck McCarthy in the shoulder with an "open right palm" and punched him in the jaw.   

Lohmann, 68, has not commented publicly on the allegations. He's scheduled to be arraigned Tuesday in Suffolk County First District Court in Central Islip.

His lawyer, Philip J. Branigan, of Holbrook, declined to comment.

Supervisor Ed Wehrheim also has not commented on the matter and declined an interview request this week.

Town officials declined to talk about Thursday's meeting and what, if any, precautions might be taken if both McCarthy and Lohmann attend.

McCarthy, also 68, who has served on the council since 1998, vowed to attend the meeting, even if Lohmann is present. “Obviously, but I’ve been doing this for 29 years and I’ve never abrogated my responsibilities, and I will continue to do so for the people of the Town of Smithtown,” McCarthy said.

Lohmann was charged with third-degree assault, a misdemeanor. McCarthy has said he was punched and struck multiple times, requiring an MRI on four different parts of his body. He declined to discuss MRI results.

Subject of exchange is unclear

McCarthy has said the incident occurred during a discussion of an unspecified legal issue. It wasn't clear whether the issue was on the agenda that day or would be voted on at Thursday's meeting.

Video of the April 7 meeting shows Wehrheim asked the board for a vote to go into executive session but didn't specify what topics would be discussed.

That might violate the state Open Meetings Law, which requires public officials to describe in general terms what a board plans to discuss behind closed doors, said Christen Smith, senior attorney for the state Committee on Open Government.

“It is certainly inconsistent with the requirements” of the Open Meetings Law, Smith said Tuesday in a phone interview. 

Councilwoman Lisa Inzerillo, in an email, defended Lohmann and denied that a scuffle took place. "I can talk about what didn’t happen and no physical altercation happened at all," she wrote.

The video shows McCarthy forcefully pushing a chair past Lohmann as the meeting ended. The two had an animated discussion after the sound on the video had been turned off.

The other member of the five-person council, Lynne Nowick, did not respond to requests for comment.

Past victory

There were no apparent conflicts between Lohmann and McCarthy in the weeks or months prior to the alleged fight.

Nine years ago, McCarthy defeated Lohmann in a Republican town council primary.

Lohmann and another Republican, Robert Doyle, had run on a ticket with Wehrheim, challenging then-Supervisor Patrick Vecchio and his running mates, McCarthy and Nowick. Lohmann and Doyle lost the primary to McCarthy and Nowick, while Wehrheim unseated Vecchio, a 40-year incumbent. Lohmann trailed McCarthy by 2 percentage points, or 237 votes, according to Suffolk Board of Elections returns. 

Lohmann then ran on the Conservative and Independent lines in the November general election but finished last among six council candidates.

Months later, McCarthy joined Wehrheim in voting to appoint Lohmann to fill the supervisor's vacant council seat. "If that's the man [Wehrheim] supports, I will back him," McCarthy said at the time. "He would not give us a nonqualified person."

Last year, McCarthy and Lohmann joined Inzerillo and Nowick in publicly pledging support for Wehrheim as he faced a tough primary campaign for supervisor against former Suffolk County Legis. Rob Trotta (R-Fort Salonga). 

Trotta, in a phone interview, said McCarthy was "pleasant" and respectful toward him.

“If there was anyone that [McCarthy] should’ve gotten in a fight with, it was with me, and he couldn’t have been any more of a gentleman," said Trotta, who was less complimentary toward Lohmann.

“It’s clear that he doesn’t like people who disagree with him,” Trotta said.

Smithtown GOP chair William Ellis declined to take sides in a phone interview last week. “All of our elected officials know their business, and for this to surface was a major surprise,” he said.

Suffolk GOP chair Jesse Garcia said Tuesday the conflict appeared to be an "isolated incident."

“It’s an unfortunate situation that will not again be repeated," Garcia said. 

Phyllis Hart, chair of the Smithtown Democratic Party, said in an interview the incident is “not acceptable in any venue" and "not a good look for the town.”

Thursday's meeting is at 2 p.m. at Town Hall in Smithtown.

By Carl MacGowan

carl.macgowan@newsday.com,jeanpaul.salamanca@newsday.comCarlMacGowan,

Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.