Contractor fraud case moves to Litchfield court, dismissed 2 months later

See below for an update.

SHARON — A civil suit turned into a criminal case earlier this month when contractor Pierce Kearney was charged with first-degree larceny.

Kearney was scheduled to appear in Bantam Superior Court March 26, but the case was transferred to Litchfield Superior Court because it is now considered a major felony, according to a clerk at the courthouse.

Kearney is now scheduled to make a first appearance and enter a plea on April 10.

The contractor allegedly billed Steven Wolfe for close to $12,000 in labor that was never performed at his South Main Street home in Sharon. Details of the hearing were not available at press time.

Kearney, 43, of Sharon, turned himself in at Troop B on a warrant March 13. He was processed and released on a $15,000 bond.

The criminal charges were spawned by a lawsuit that followed Kearney’s October 2003 firing. Kearney had been hired by Wolfe and his wife two years earlier to be the general contractor for renovations to their weekend home. They claimed shoddy workmanship. The renovations were never completed.

During the civil suit, Wolfe also told investigators Kearney had stolen several thousands of dollars worth of building supplies from the job site, according to court documents.

Massachusetts resident Paul Graney was also named in the suit. Graney worked for Kearney at the Wolfe home. Court papers point to evidence Graney was out of the state during at least one period when Kearney’s billings claimed he was on the Sharon job.

Kearney has not been charged in connection with the alleged stolen supplies.

Contractor fraud case dismissed

By CYNTHIA HOCHSWENDER

SHARON — The case against contractor Pierce Kearney, 43, who had been charged with first-degree larceny earlier this year, was dismissed at Litchfield Superior Court on May 22.

Steven Wolfe had claimed Kearney charged him close to $12,000 for labor that was never performed at his South Main Street home in Sharon. 

Massachusetts resident Paul Graney was also named in the suit. Graney worked for Kearney at the Wolfe home. Court papers allegedly pointed to evidence Graney was out of the state during at least one period when Kearney’s billings claimed he was on the Sharon job.

Kearney was not charged in connection with the allegedly stolen supplies.
In court this week, David Shepack, who is the state’s attorney for the Litchfield Judicial District, said that there had been errors in the warrant that led to the charges against the contractor.

“Shortly after the warrant [for his arrest] was issued and the prosecution commenced, it came to the attention of the state that there were, in fact, several errors and incorrect assertions in the warrant, specifically... in reference to a deposition purportedly given by a Mr. Graney. That was not correct. In fact, there is no deposition from Mr. Graney.

“The officer who drafted the warrant later explained that he erred and in his mind he was referring to an affidavit from a Mr. O’Brien.”

The case was reinvestigated, Shepack said. 

“Based on that reinvestigation, I have concluded that there is insufficient evidence for which to proceed on those allegations.”

This story was printed in the May 24, 2007, Lakeville Journal