KCS Law attorney Karl C. Seman appeared in Suffolk County First District Court in Central Islip on Friday, September 4, 2026, for the arraignment of client John Kennedy, a Bay Shore High School art teacher. Mr. Kennedy entered a plea of not guilty to a single misdemeanor count of stalking in the fourth degree.
News 12 Long Island covered the proceeding and spoke with Mr. Seman afterward.
Read the News 12 Long Island report →
The Allegations
Mr. Kennedy was arrested by Suffolk County police on Thursday, September 3. Court documents allege a series of incidents between August 11 and September 3 in which he is said to have driven past a former student’s home and followed her vehicle. Police have made separate allegations regarding a prior relationship from when she attended Bay Shore High School. The district has said Mr. Kennedy has been on administrative leave since October 2025.
As News 12 reported, the Suffolk County Police Commissioner stated that the stalking allegations are unrelated to a civil lawsuit previously filed against the school district, and that the former student involved in that lawsuit is not suing Mr. Kennedy.
The judge released Mr. Kennedy at the conclusion of the arraignment and issued a temporary stay-away order of protection.
What Mr. Seman Told News 12
Mr. Seman challenged the characterization of the conduct at issue, describing the allegation as amounting to his client being in a public place, parking his car, and trying to have a conversation. He has also noted that his client was never told contact was not permitted, and that there is no proof of the alleged prior relationship.
Why the Elements of the Charge Matter
Stalking in the fourth degree under New York Penal Law § 120.45 is a class B misdemeanor, and it is not a charge that rests on how an encounter felt in the retelling. The prosecution carries the burden of proving each element: that there was an intentional course of conduct directed at a specific person, that it served no legitimate purpose, and that the accused knew or reasonably should have known the conduct was likely to cause a particular kind of fear or harm. Certain subdivisions additionally require proof that the accused was clearly told to stop and continued anyway.
Being present somewhere the public may lawfully go is not, by itself, a crime. Whether the statute is satisfied here depends on what the evidence actually establishes about purpose, notice, and intent.
Arraignment Is the Start of the Process
A plea of not guilty at arraignment opens a case; it does not resolve one. Under New York law, Mr. Kennedy is presumed innocent, and the People must prove every element of the charge beyond a reasonable doubt before a court can find otherwise. Initial news coverage necessarily leads with the allegation, because at this stage the allegation is what exists on the record. The defense will be tested against the evidence as the case proceeds.
Charged With a Crime in Suffolk or Nassau County?
Early decisions in a criminal case often matter more than people expect. If you or a family member has been arrested or contacted by investigators, contact attorney Karl C. Seman, Esq., at KCS Law to discuss your options.
Attorney Advertising. This post is for general informational purposes only and is not legal advice.
