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>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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