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Former Hadley-Luzerne teacher released from jail to file appeal

2011-04-25T15:47:00Z 2011-04-26T09:54:54Z Former Hadley-Luzerne teacher released from jail to file appealBy Don Lehman dlehman@poststar.com Glens Falls Post-Star
April 25, 2011 3:47 pm  • 

QUEENSBURY -- The former Hadley-Luzerne teacher who was jailed last week for having in appropriate contact with two 14-year-old students was released from jail Monday after a state Supreme Court justice stayed his sentence.

Keith D. Powell posted a $20,000 bail bond and was freed from jail five days after he was sentenced to 13 months in Warren County Jail and 3 years on probation.

Supreme Court Justice Robert Muller set bail after he granted a request by Powell's lawyer, Eric Schwenker, to stay the sentence imposed by Lake Luzerne Town Justice Bruce Hayes.

Schwenker asked that the sentence be stayed so that Powell can appeal it, as well as appeal the convictions for endangering the welfare of a child that resulted in the jail term. Warren County Assistant District Attorney Kevin Donlon argued against the stay, but Muller agreed to stay the sentence for 90 days to allow Schwenker to file an appeal.

Such stays are somewhat common in low-level criminal cases in which a defendant does not have a prior criminal record, would serve all or much of the jail term awaiting the results of an appeal, or has the ability to post bail while an appeal is being prepared.

Powell, 58, of Corinth was sentenced Wednesday after Hayes found him guilty of two misdemeanor charges of endangering the welfare of a child for kissing a 14-year-old girl, touching the thigh of another and having sex-themed conversations with them that included comments on one's buttocks and the other's breasts.

The contact happened in 2008, and Powell was a music teacher at Stuart M. Townsend Middle School at the time. He retired shortly after the arrest.

The appeal will be heard by Warren County Judge John Hall.

 

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(4) Comments

  1. RollingMyEyes
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    RollingMyEyes - May 03, 2011 4:22 pm
    @countrygurl12835: Your post probably didn't mean to come off this way, but it seems to me as if you'd rather we live in a world where we didn't know that pedophiles were set free and walking amongst us, like they did absolutely nothing at all. Yes, it's terrible that the victims have to be constantly reminded of this incident, but what if Powell was released from jail and they had no idea? Heck, how do you think anyone would feel if they ran into this pedophile when they were under the impression he was behind bars? Better to be informed than uninformed, as I like to say.

    As for this child predator being released pending appeal, I'm disgusted. I don't care if he doesn't have any prior convictions; he was deemed a threat to society, so he should be in jail for the entire appeal process. The justice system just baffles me sometimes, it really does.
  2. countrygurl12835
    Report Abuse
    countrygurl12835 - April 27, 2011 11:22 pm
    Just feel the need to say this...why must we (as a community) keep bringing this up and makeing every litle detail public....I understand people want to know but people are forgetting that everytime this is in the paper it brings back to the surface for the girls...I know it does because many kids an teachers get riled up an is a hot topic in school and facebook and that has got to be hard on the girls...Personally I feel that itshould be a quiet matter let whatever is going to happen, happen and tell us how it turns out in the end don'r publized every detail for the sake of the girls don't keep forcing them to be reminded of it by it being inthe paper where anyone and everyone can see an read it. Not to mention the fact that this has been going on for three to four yrs now but we keep bringin it back; many acting like it happened yesturday its not like a teacher has never been accused of this before. its in the paper or the news almost every other day. Unforntaly this is nothin new,
  3. discouraged1
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    discouraged1 - April 27, 2011 9:20 am
    Parents protect your children! Our system protects the absolute guilty. It's sad, it's pathetic but it's true. "Threats to society" are allowed to walk among us and their victims! It's a disgrace and it makes me sick. These kids have waited 3 years for justice and finally felt a LITTLE relief.....for 5 days. Wow, what a slap in the face. How anyone can defend this man or anyone like him is beyond me.
  4. CorinthMom
    Report Abuse
    CorinthMom - April 26, 2011 10:01 am
    You have to be kidding me?? 5 days in jail and this is adequate punishment?? Why does he need to be free to work on an appeal? Doesnt the lawyer handle all that? And why is he appealing?? He was quoted in the early article as stating he regrets this all happening and that he has himself "under control" and that he will be staying away from teenage girls??? HELLO??? Does that not sound like he is admitting what he did? Something is certainly not right here. And since I live in the same community as this fine upstanding citizen I will see him running around town doing his errnads like any other person. Thats just great!! So basically the only ones that will suffer are the young girls who he groped. Sounds like justice to me

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