Harold Handy beating case returns to court with new judge

HUDSON — The Harold Handy beating case will be in open court Thursday with a new judge after Judge Richard Koweek recused himself from the matter.

It is not yet known why Koweek, who oversaw the case for more than two years, took himself out of the proceedings at this point. The court file, including any documents that might reveal the reason behind the recusal, has been transferred to the jurist now overseeing the case, state Supreme Court Judge Thomas Marcelle, and is not yet publicly available.

Columbia County Sheriff’s

Deputy Kelly Rosenstrach; her husband, gym owner Alex Rosenstrach; IRS agent Bryan Haag; and contractor Corey Gaylord were initially indicted on gang assault charges in the case. Handy sustained injuries that sent him to the intensive care unit of Albany Medical Center after he attended a 2020 July Fourth party at the Rosenstrachs’ home. State Police took over the investigation from the Columbia County Sheriff’s Office at the request of District Attorney Paul Czajka.

The top charges, which carried lengthy prison sentences, were dropped by Koweek in December 2021 after the defendants’ attorneys in the criminal case appealed.

Thursday’s conference marks the first time the case has been in open court since November, when what was supposed to be the opening day of jury selection was abruptly adjourned after a private conference between Koweek and Czajka, who is prosecuting the case.

What they discussed remains unknown: The minutes of the private conference have been sealed.

The suspension of the trial came five days after Bryan Haag’s attorney filed a subpoena demanding additional information about negotiations between a private attorney employed by the Rosenstrachs and a private attorney for

Handy wherein a payout was discussed that would have hinged on the four defendants not being indicted.

Legal experts have suggested a payment given in exchange for a vow to not cooperate with prosecutors could itself be illegal.

The party where Handy was allegedly assaulted included heavy drinking and gunfire. Depositions given by Handy’s thenfiancee allege the mechanic was assaulted by Alex Rosenstrach, then repeatedly beaten by Rosenstrach and other partygoers as the couple was told not to leave the property or call police.

Czajka recently announced he would not seek another term as district attorney.