School charges dismissed, lawsuit pending

May 25, 2016 at 12:09 am by Observer-Review


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School charges dismissed, lawsuit pending

WATKINS GLEN--Another trespassing charge against Kristina Hansen was dismissed Thursday, May 19 in Watkins Glen village court. The charge against the Hector resident stemmed from a Wednesday, May 4 arrest while Hansen was watching a varsity tennis match on school grounds. Hansen's attorney Ray Schlather claimed the accusatory instrument was insufficient, which is the second time this has happened. He added "this has become a matter of harassment," noting they will be seeking substantial damages in their coming lawsuit. The attorney declined to comment on how much money they will seek.
There have been a series of conflicts between Hansen and the Watkins Glen Central School District over the past several months, beginning with an attempt by Hansen to attend a closed staff meeting March 11. Hansen claimed there was a quorum of school board members at the meeting, but was asked to leave by police. Superintendent Tom Phillips then required Hansen to seek written approval before visiting any school or district office. Schlather claimed while they do not accept the order, the order itself specifies getting permission to enter a school building, not the grounds. Hansen was then arrested while attempting to attend a March 21 meeting of the school board.
The trespassing charge was dismissed in the March 21 arrest, but was done so "without prejudice," which means Special Prosecutor Barry Porsch was able to refile the charges if proper allegations were found. Porsch did refile the charges, which Hansen pled not guilty to, while also filing for a dismissal. Porsch submitted a response Thursday to Schlater's motion to dismiss, with Schlather now having the opportunity to respond before Miller makes a ruling. The charges that were dismissed May 19 were also done so without prejudice, which means Porsch again has the opportunity to refile.
Schlather put the prosecutor and school board "on notice" at Thursday's arraignment in regards to refiling, claiming it has become a matter of harassment. Miller said the arraignment was not the place to advise the prosecutor or court on a civil matter.
Phillips has previously referred to the request for written permission as "a very basic request" that Hansen refuses to follow.
"I have no intention to ever ask for permission," Hansen said Thursday following the dismissal. Hansen said she was able to vote in the Tuesday, May 17 school board elections without any conflict with school officials or police. Hansen's lawsuit will begin in June, which has named Phillips, School Board President Kelly McCarthy and Officers Isaac Marmor and Jamie Coleman of the Watkins Glen Police Department. The claims are for false arrest, unlawful imprisonment, abuse of process, malicious prosecution, trespass to person and battery.

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