BUFFALO, N.Y. — In the early morning of Sept. 10, 1985, a young Michael J. Keane was drunk behind the wheel of his green sedan in the Albany suburb of Colonie. He was a 21-year-old college student at the time.
Now Acting Erie County District Attorney, Keane “was observed driving without lights on the wrong side of the road and attempted to lose officers,” according to a police report obtained by 2 On Your Side Investigates.
Keane failed a sobriety test and was arrested, according to the police report. Police said Keane tried “to escape custody and injured a police officer in the process.”
“I deeply regret what happened that night,” Keane said in an interview with 2 On Your Side. “It never should have happened. I should not have been driving. But I accepted responsibility for my actions, and I, over the next four decades, have accomplished a lot.”
Keane was charged with driving while intoxicated, second-degree felony assault and resisting arrest, records obtained through a Freedom of Information Law request show. Keane pleaded down the DWI charge to driving while ability impaired, a non-criminal violation. His license was suspended for 90 days and he paid a $250 fine. The other two charges were dismissed.
“It was dismissed by the judge and by the prosecutor,” Keane said. “Obviously they felt it was the appropriate thing to do, and I’m grateful for the second chance that I was given.”
Keane, 60, went on to earn an MBA and a law degree. He worked as a county prosecutor and served as first deputy DA under former DA John J. Flynn Jr. When Flynn resigned in April, Keane became the acting district attorney.
The endorsed Democrat is seeking election to the post next month when he faces off against Republican James Gardner.
A source close to Gardner’s campaign obtained the 40-year-old police report from Colonie Police earlier this year. 2 On Your Side independently verified its authenticity, though it appears parts of it may have been mistakenly released despite the records being sealed because of the dropped charges.
“I’m not surprised that it’s come out because, as I told you, I saw that my opponent had obtained this document, this sealed document, so I knew it was coming out,” Keane said.
Gardner’s campaign seized on the disclosure, saying in a written statement that “no amount of excuses can change the fact that Erie County taxpayers deserve better from their chief law enforcement officer. Michael Keane's complete disrespect of law enforcement and disregard for the rule of law makes it clear he is unfit to serve as district attorney."
Keane said his father, the late Assemblyman Richard J. Keane, Democrat of South Buffalo, played no role in the dismissal of the two charges.
“No. Absolutely not,” Keane said. “The plea from a driving while intoxicated to a driving while ability impaired in this circumstance — a 21-year-old college student, no criminal history, no priors — is pretty standard. It was standard back then. It’s standard now. There’s no way a judge and a prosecutor would be involved in something like that.”
Keane also balked at the Republican suggestion that the incident hurts his credentials with police. Keane has touted endorsements from local police agencies in his campaign ads.
“I think all of those endorsements fly in the face of that claim,” Keane said. “I’ve got great relationships with the police departments in this county.”
Keane said people should not drink and drive. A records check with New York State Courts showed that Keane’s record is otherwise clean. He said the incident was a learning experience and gives him a unique perspective as he prosecutes cases.
“I think voters should certainly take into consideration my entire history,” Keane said. “Yes, I was 21 years old and made a mistake when I was a senior in college. But I’ve got 40 years since then where I think I’m a great example of someone who was given a second chance and did the most with it.”