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New judge could split or dismiss Handy beating case
Roger Hannigan Gilson reports in the Times Union that state Supreme Court Justice Thomas Marcelle indicated April 5 he is considering splitting the trial of four defendants charged with a felony count of unlawful imprisonment in the beating of Columbia County resident Harold Handy. Columbia County Sheriff’s Deputy Kelly Rosenstrach; her husband, gym owner Alex Rosenstrach; IRS agent Bryan Haag; and local contractor Corey Gaylord allegedly beat Handy at a 2020 party at the Rosenstrach residence in Kinderhook that was attended by several local law enforcement officers. The four were first indicted on gang assault charges, but Judge Richard Koweek dismissed those charges in late 2021. Jury selection was scheduled to begin last November when news that Handy’s civil attorney and a civil attorney for at least one of the defendants had discussed a settlement conditioned on the defendants not being indicted. But Handy may not have known about those lawyer negotiations. On April 5, the new judge in the case, Marcelle, said he would allow defense attorneys to ask Handy in court whether he had been aware of the alleged talks. The answer to that question may determine if there is just one trial, or if it is split in two between the Rosenstrachs, and Haag and Gaylord. Marcelle also said he would consider dropping all the charges against the four defendants. Handy was beaten nearly to death. The judge said lawyers have until April 14 to make arguments for or against dismissal of the charges. Read more about this story in the Times Union.