Attorney for town acquitted of charges

Driving while ability impaired charges were dismissed against Lockport Town Attorney Daniel E. Seaman in Niagara Falls City Court on Monday.

City Judge Mark A. Violante said Monday after a short nonjury trial, "The people were unable to prove this case," and dismissed all charges against the Lockport attorney.

Seaman, 65, of Appleton, had been charged with driving while intoxicated after his pickup went off the road and into a ditch on Crosby Road in the Town of Lockport on March 30. The DWI charges were reduced to driving while ability impaired in City Court on Aug. 22.

The case was moved from the Town of Lockport and assigned for prosecution to the Orleans County District Attorney's office due to conflicts of interest in Lockport, as well as the Niagara County DA's office, where Seaman's son, Brian, works as an assistant district attorney.

Violante, brother of Niagara County District Attorney Michael J. Violante, said prosecutors needed to prove that Seaman consumed alcohol and operated a motor vehicle. He said there was enough evidence to prove Seaman was drinking alcohol, however, not that Seaman had been driving while he was impaired.

State Trooper Douglas A. Heath, one of two troopers who testified in the 45-minute trial, called Seaman "belligerent," testifying Seaman refused to answer any questions and refused to take any field sobriety tests or blood-alcohol tests.

Both Heath and Trooper Charity Kelley said they smelled alcohol on Seaman's breath and said that he appeared intoxicated.

Seaman's attorney, David Douglas, said in closing that there was no observation of erratic driving or what caused the accident. He said there was a 90-degree turn at the crash site, it was rainy and dark, and other motorists have crashed at the same site because of the curve.

Orleans County Assistant District Attorney Susan Silleman told the court there was proof of his driving, since Seaman was behind the wheel with the car running when he was found by State Police.

"There was no one else around. I think the court has enough evidence to show he was operating the vehicle when he went off the road," Silleman said.

Violante disagreed, citing case law regarding operation of a motor vehicle, which said that someone in a driver's seat while a vehicle is running is not enough to prove operation of that vehicle. The judge said that a person has to be observed moving the vehicle, or there needs to be a statement from a civilian witness, or the suspect has to be in an obvious drunken state.

Town of Lockport Supervisor Marc R. Smith told The Buffalo News shortly after Seaman's arrest that the charges would not affect his tenure as town attorney.

Seaman is a partner in the Lockport law firm of Seaman, Jones, Hogan & Brooks. He has been the Lockport town attorney since 2000. He also is a municipal attorney for the Town of Hartland and villages of Barker and Middleport.

fischer@buffnews.com null