SCHENECTADY — Police Officer Mark McCracken will now be allowed to have some contact with his estranged wife after an order of custody and visitation was modified on Monday.
State Supreme Court Judge Barry Kramer signed the amended order, which includes more specific language about where and when McCracken and Cassie Walker, his wife, can interact.
McCracken and Walker are divorcing. The new order comes after a previous order of protection was issued Feb. 14 that prevented McCracken from being able to see his son during a scheduled visitation the following day, Feb. 15.
The amended order says McCracken must stay away from Walker, except during the exchange of their son for scheduled visitations, during their son’s activities or for medical appointments.
McCracken was previously charged with violating the order of custody and visitation by coming in “close physical proximity” to Walker during their son’s hockey game at a Union College hockey rink on Jan. 7.
McCracken was charged with second-degree criminal contempt on Jan. 16 in connection with that incident.
McCracken and Walker are allowed joint legal custody, according to Kramer’s order, but Walker has physical custody of their son.
Rebecca Bauscher, McCracken’s attorney, said she was informed by Walker’s attorney that Walker never asked for an order of protection.
“I’m not accusing either [party] of being a liar, but there is definitely inconsistencies in what [the District Attorney’s Office] are reporting,” Bauscher said. “The ‘no contact’ order should have never happened.”
Walker’s attorney, Derrick Hogan, said in an emailed statement he was deferring all questions regarding the order of protection to the Schenectady County District Attorney’s Office.
Assistant District Attorney Kyle Petit, the attorney who requested the order of protection, said Walker asked for the order before the Feb. 14 court appearance. He said he was unsure exactly when it was requested, other that to say it occurred between the Jan. 31 and Feb. 14 appearance.
Bauscher made a motion to dismiss the contempt charge against McCracken on Jan. 31. McCracken has been demoted from lieutenant to patrol officer. A decision on the motion to dismiss was expected to be handed down Wednesday, but it was postponed due to inclement weather.
The appearance was rescheduled for March 13.
Walker also has a criminal charge against her in Niskayuna Town Court.
Court officials said she was charged with fourth-degree grand larceny, a felony, for allegedly taking $1,202.16 from McCracken’s KeyBank account on June 23.
McCracken filed the complaint against Walker on Aug. 15, and she was arrested and arraigned on the charge on Dec. 20.
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Categories: News, Schenectady County
