In the end, it was not a question of whether Boone County sheriff candidate Dwayne Carey lied. It was whether it mattered.
Allegations that Carey, a captain with the Boone County Sheriff’s Department, lied under oath to cover an affair with a former subordinate were dismissed Thursday. Investigators from the Missouri State Highway Patrol concluded Carey’s testimony was not relevant to the dismissal of a discrimination lawsuit filed in 1999.
Boone County Sheriff Ted Boehm called in the Highway Patrol on July 16 after local attorney Dennis Murphy submitted affidavits to local prosecutors, alleging Carey lied about the affair with former deputy Edith Homan.
Boehm said the “very serious” allegations against Carey were handled well by the patrol.
“Their mission was, ‘Did a crime occur?’” said Boehm, who has endorsed Carey. “And they found that a crime did not occur.”
Murphy, a friend and supporter of Democratic sheriff candidate Ken Kreigh, said the patrol failed to answer the question of whether Carey lied under oath; therefore, the inquiry was incomplete.
He said Homan will take a polygraph test to prove that she is telling the truth about the alleged affair.
“If they’re saying, ‘Well, he didn’t commit perjury by that definition, (so) there is no problem,’ then I think that’s a real sad commentary on the sheriff’s department and our law enforcement today,” Murphy said.
Homan filed suit against Boehm and the department in 1999, alleging that she had been passed over for several promotions because of her gender. The suit was eventually dismissed.
Homan claimed in her affidavit that she had an affair with Carey in 1996 and 1997.
The affidavit alleges that Carey denied the affair in deposition testimony that has been sealed by a judge. Homan declined to comment Thursday.
Perjury is a felony crime punishable with three years in jail. Kreigh said regardless of whether the alleged affair was important to the discrimination case, Carey’s conduct needs to be reviewed.
“Even if it wasn’t material, it’s not proper for a law enforcement officer to lie under oath,” Kreigh said.
Carey, one of three Democratic sheriff candidates in the Aug. 3 primary, said Homan’s allegations have not affected his campaign.
“That’s not staying focused on the campaign,” Carey said. “I’m not going to do anything to get off message.”