Questions linger about Sen. McGee’s concussion defense
BOISE — A leading state Senate Republican, John McGee, has not responded to media requests for medical records that some say would help restore his public image after his DUI arrest last month.
The requests were made after McGee and his lawyer claimed that his bizarre behavior and subsequent arrest was not just from alcohol, but a concussion.
McGee pleaded guilty to drunken driving last week. During his hearing, McGee’s lawyer says the senator fell and hit his head. Shortly after the Associated Press requested the senator make public medical records to prove he suffered a concussion, but McGee and his lawyer have yet to respond to multiple requests over the last five days.
Deputies arrested McGee early on June 19, charging him with driving under the influence and grand theft.
McGee said he was at a golf tournament with his brother hours before he took an SUV attached to a cargo trailer from a home, got stuck and then fell asleep in the backseat.
“I am truly sorry and I take full responsibility for my actions that evening,” said McGee.
Last week, McGee appeared in court with his attorney, Scott McKay. McKay told the judge McGee’s behavior was not entirely due to alcohol.
“What happened when he fell and undoubtedly he fell because of the effects of alcohol but what happened when he fell is he sustained a concussion. We know that when a person sustains an injury like that it affects, it impairs their decision making,” said Scott McKay.
Ada County Sheriff Gary Raney tells us every inmate booked into the jail is screened by a medical professional and given treatment for any injuries.
In a statement to KTVB, Raney says: “Between June 18 and June 21, 2011, no inmate in the Ada County Jail reported or was diagnosed with a concussion or other closed head injury. Accordingly, no inmate in the Ada County Jail was treated or transported for treatment of a concussion or closed head injury during that time.”
“You don’t have to have any external signs of trauma to manifest or to exhibit signs and symptoms of a concussion,” said Dr. Bruce Andersen.
Dr. Bruce Andersen, a neurologist at St. Alphonsus in Boise never treated McGee, but offered some insight on concussions. He says the definition of a concussion is vague, but it can include a temporary delay of normal mental function.
He says no test will reveal a concussion; rather you have to rely on the word of the patient that something is off.
“To say that concussion would make you do X or Y or Z — it’s harder to pin down — because it’s a complicated interplay with a lot of circuitry in your head, and so what patients feel is, the most common thing is, they say they just don’t feel right,” said Dr. Andersen.
Dan Norris, the special prosecutor from Oregon who handled this case, says he saw evidence that McGee did in fact sustain head wounds, but declined to go into specifics.
KTVB contacted McGee’s lawyer, he has not returned our phone calls.
McGee received a sentence that includes a $1,000 fine, 24 hours of community service and mandated alcohol counseling.