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Date Posted: 08:38:48 03/24/09 Tue
Author: Copake's Finest (Yuck)
Subject: Republican Councilman

No one in town will hear harassment case against councilman

Written by DIANE VALDEN

Tuesday, 24 March 2009 03:53

COPAKE—Town Councilman Walter R. Kiernan was in Town Court Monday night, March 23, to answer charges of sexual harassment and trespass brought by his estranged wife.

The courtroom was near capacity when Town Justice Brian Herman called Mr. Kiernan and his attorney, Ken Cranna, to the bench only to announce that Mr. Kiernan's arraignment would not take place in Copake Court.

Justice Herman said that both he and Town Justice John Spencer had recused themselves from hearing the case because Mr. Kiernan is a town councilman and the Town Board sets the pay scale for town justices.

"You are [our] employer," said Justice Herman, adding that he and Justice Spencer had no choice but to recuse themselves "to keep impartiality."

He then asked the assistant district attorney present to request that Columbia County Court have the case reassigned. But the assistant district attorney indicated that his office would also be disqualifying itself from handling the case, which means the case will likely end up in another county.

Mr. Kiernan, 39, is a dairy farmer. He was elected as a Republican to the Town Board in November 2007. The charges against him were brought by his estranged wife, Carolyn Kiernan, who spoke to The Columbia Paper following the court appearance.

She said she had tried unsuccessfully to file a complaint against her husband several times, beginning last summer, but was only able to get a town police officer to "take me seriously" last week, when Copake Patrolman Edward Tice took her written statement March 18.

Mrs. Kiernan has been married to the councilman for 16 years, and together they have three children ages 15, 13 and 10. Mr. Kiernan filed for a divorce in June 2008.

In the complaint, Mrs. Kiernan alleges that though they are separated, Mr. Kiernan came on her property and picked up their children. The Kiernans have joint custody of the children, but Mr. Kiernan insists on taking the children during the time they are supposed to be with their mother, she said.

Mr. Kiernan has been advised by Mrs. Kiernan's attorney that he is not allowed on her property, Mrs. Kiernan said in the statement.

Additionally, Mrs. Kiernan alleges that Mr. Kiernan has made repeated phone calls to her at all hours of the day and night during which she alleges that he has made sexually explicit statements to her. She said he also tried to speak with her while she was on her mail delivery route, displaying a rifle on the seat of his truck at the time of that encounter.

Mrs. Kiernan said he made lewd remarks to her and "waved a dildo at me." She said he did not threaten her with the rifle, but she felt intimidated by the presence of the firearm.

The phone calls and remarks were ongoing between June 2008 and February 2009, she said.

Mrs. Kiernan said her attorney is filing a contempt of court motion against her husband for violating the court order that specifies when each parent has the children.

Mr. Kiernan's attorney Mr. Cranna could not be reached for comment Monday night.

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