In a Feb. 24 editorial, The Day called on state Sen. Andrew Maynard, D-Stonington, to step down because of concerns about his ability to serve. The editorial referenced the Waterford Police Department report on Maynard’s recent car accident. The senator’s attorney, Robert I . Reardon Jr. is challenging the accuracy of that report. The following is the attorney’s communication to The Day.

I am forwarding to The Day a letter I emailed (Feb. 23) to Lt. David Burton of the Waterford Police Department after I received and reviewed Auto Accident Report involving Senator Maynard and Lt. Burton’s email response to me this morning. I believe these emails are self explanatory.

While I am not a physician, it is clear to me that while Senator Maynard continues to make progress recovering from his aphasia through regular therapy sessions and while his ability to find the correct word when speaking continues to be somewhat impaired, his thought process, decision making ability and cognitive functioning are all intact. I have spoken to some of his Senate colleagues and they agree that he has been ably performing his duties for his constituents both before and after this unfortunate recent auto accident.

Senator Maynard has made an incredible recovery from the very serious head injury he experienced when he fell from steps in 2014 and then returned over a year ago to his duties as a State Senator. Fortunately his recent auto accident this January did not set him back at all as he has continued to make good progress improving from his speech impairment according to his physicians. In contrast, the constant barrage of critical articles by The Day reporters and editors calling for his resignation as a State Senator that began more than a year ago well before this auto accident based on unjustified speculation and innuendo, make it much more difficult for Senator Maynard as he goes about his public duties.

As Senator Leonard Fasano, a Republican, pointed out to The Day just two days ago, Andrew Maynard was overwhelmingly reelected by the people of his District with full knowledge that he was recovering from a head injury and he has worked hard to serve his District ever since. It is time for The Day to move on to the more important news of the day and allow Senator Maynard to do his job.

Reardon’s letter to police

Dear Lt. Burton:

I have reviewed the Senator Maynard Accident Report and while I believe the outcome of the investigation is correct, one statement attributed to me in the report is not. I never said to your investigator “ ...that Maynard may have difficulty reading and writing and would not be able to do any writing due to his condition.” To the contrary, I saw your investigators remove a blank police statement form from their file near the end of the interview and I expected Senator Maynard would be asked to make a routine written statement at that time. In fact, I had prepared Senator Maynard for such a request and he intended to give a written statement upon request. Without explanation, the statement form was returned to their file without explanation and Senator Maynard was never asked to give one.

While there is no question that I informed your investigators that Senator Maynard has difficulty finding words due to aphasia and sometimes needs assistance with that function, I never would have commented that his reading or writing ability is impaired.

I am certain I never said it as I know that not to be the case since I have seen him read documents and write without difficulty. In fact he read, asked questions about and then signed insurance documents relating to the accident in my office that same day just before your investigators arrived.

Making such a statement in a police report lends certain credibility to it so that is impossible for Senator Maynard or myself to adequately respond. The result is a disservice to Senator Maynard in that the media has already begun to portray Senator Maynard as unable to carry out his duties due to an inability to read or write. That is absolutely not the case.

I respectfully request that you review that statement in the report with your investigators and I believe they will acknowledge that such a statement was never made by me and that Senator Maynard was never asked to read or write anything during the interview. Had he been asked he would have fully cooperated as he has throughout the investigation.

Please contact me or Atty. Kelly Reardon at your convenience to discuss this matter further. Thank you for an otherwise thorough report.

Very truly yours, Bob Reardon.

Initial police response

Good morning Attorney Reardon,

I have received your email and understand your concern. We certainly want to make sure that any information we have documented is accurate. I will review this specific interview with the investigators.

Lt. David Burton

Feb. 26 police 'clarification'

On February 23, 2016, the Waterford Police Department received a request by Attorney Reardon to revisit the components of a report which detailed statements made during an interview that took place at his office. As a result of this request, the Department took the opportunity to clarify the information received by its investigators as part of the interview process.

A general description of the medical condition Aphasia was provided by Attorney Reardon to both investigators. This discussion between the Investigators and Attorney Reardon specifically covered difficulties that would arise in the selecting of words and describing of events during the interview process. This condition would exist whether an oral or written interview took place. After the description was provided, the investigators believed that the oral interview would be the better option, and the interview proceeded.

This clarification does not affect the information released by the Waterford Police Department as part of its accident investigation. This case is closed.

Chief Brett Mahoney