Former Town Attorney charged in DWI-related accident 13 years ago seeks Judgship

2000-10-19 / Front Page

by Carolyn James

by Carolyn James

It’s been 13 years since Thomas F. Whelan, a fomrer Babylon Town Attorney, struck and seriously injured someone in a drunk driving accident. Since that time, he said, there’s not a day that goes by that he doesn’t think of the accident, or the mistake that forced him to recognize his alcohol problem and turn his life around.

Now, Whelan is running for a seat on Supreme Court, New York State. And, one of his staunchest supporters, Babylon Town Supervisor Richard Schaffer said Whelan is a "talented, energetic individual who will make an excellent judge."

"None of us is perfect, and that is what I presented to our committee," said Schaffer who entered Whelan’s name in nomination before the Suffolk Democratic Committee. "And he (Whelan) lives every day with the fact that he caused serious injury to another human being, and to himself and his family."

"Since that time, I have devoted myself to the practice of law and to my family to become the best possible attorney and person I can be," said Whelan. "And, while the incident is always with me, and I always think about it, I have tried to learn from the mistakes of my past and move ahead."

Whelan was charged with two counts of drunk driving for the incident that occurred in March 1988. Initially found guilty of the felony and misdemeanor counts, he appealed the case. The breathylizer test results were eventually thrown out, and the courts upheld only the misdemeanor charge. As a result, Whelan maintained his license to practice law.

The victim won a financial settlement in a civil case, and Whelan, who served under former Babylon Supervisor Arthur Pitts, remained in his post as Town Attorney until his two-year appointment expired in 1989.

Once a resident of North Babylon, and now living in Wading River, Whelan worked for the firm of Esseks, Hester and Angel in Riverhead for ten years. The firm handled many land issue and environmental matters, including some high-profile cases involving the pine barrens.

He currently serves in a supervisory role as a Principal Court Attorney in the Supreme Court Law Department. He is also a Fourth Degree Knight with the Knights of Columbus, volunteers for a local food pantry and does pro bono legal work. He and his wife Theresa have two adopted children.

Schaffer, who himself suffered the consequences of a drunk driving accident when his mother struck and killed someone when he was in high school, said he knows just how serious drinking and driving is, but added that "a second chance, is something we want to be able to provide in our society.

"I told Tom that this issue is something that he is going to have to be willing to talk about," said Schaffer. "But the whole story has to include the tremendous turnaround he has made in his life."

During his tenure as Town Attorney, Whelan worked to change the Town’s focus on growth, moving away from development of substandard lots. He also helped bring about the end of the infamous Corner in North Amityville. "There are many things I wish we could have done, but I think that anyone who knew me also knew that I worked hard for the people of the town," said Whelan. "One of my proudest days was when the Suffolk County Bar Association approved me and found me "qualified" to run for this position on the Supreme Court. It was an important moment in my life."

As for the past, Whelan says he finds some consolation in the fact that he spoke to the man he injured in the accident. "I expressed my remorse as much as I could and he was understanding," said Whelan. "I appreciate that from him very much."

Whelan is one of 17 candidates running for 8 seats on the State Supreme Court. He is running on the Democratic and Working Families lines.

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