Embattled Public Defender Replaced

The Will County Public Defender — who announced his retirement amidst allegations of sexual harassment and a federal lawsuit — has been replaced.

Veteran defense attorney Gerald Kielian, a Joliet West High School graduate, will take over embattled Public Defender Frank Astrella’s job in February.

“We are extremely pleased to have a seasoned defense attorney the caliber of Gerald Kielian to be taking over the reins of the public defender’s office,” Chief Judge Richard Schoenstoedt said in a statement released Thursday morning. “Mr. Kielian has literally dedicated his career to providing effective defense and protecting the rights of the accused.”

Kielian served as in the Marines during the Vietnam War. He is among the county’s most highly regarded defense attorneys.

Kielian takes over for Astrella, who turned in a letter announcing his retirement two months ago, Judge Schoenstedt said. Astrella will stay on until Jan. 1. By that time he will be 55, Schoenstedt said.

A week shy of a year prior to Astrella turning in his retirement letter, two assistant public defenders, Gail Bembnister and Kate Flynn, sued him in federal court.

Astrella, the Public Defender since September 2008, made “sexually derogatory and inappropriate comments in the workplace,” according to the lawsuit.

Astrella also, “in the presence of” Bembnister, “or at times directed to” her, made sexually suggestive comments about women’s clothing and bodies, and made “lewd and inappropriate comments related to and about sex,” “inquiries into employees’ intimate sexual lives and histories,” and “flirtatious comments to female employees and state’s attorneys,” the suit said.

Astrella also allegedly punished Flynn for getting pregnant by giving her an unfavorable work assignment.

At the time Astrella turned in his retirement letter, Judge Schoenstedt declined to comment on whether the allegations of sexual harassment or the lawsuit, which remains pending, factored into the public defender’s decision.

A call to Astrella was transferred to the spokeswoman for the public defender’s office, Michelle Palaro. Palaro did not return the call. Astrella has yet to publicly address the allegations of sexual harassment.

Even before Bembnister and Flynn filed their lawsuit, Astrella was ordered to undergo sexual harassment counseling, according to a court filing.

The attorneys for Bembnister and Flynn had sought records from the Summit Center for Mental Health, according to the filing. The center specializes in “sexual and relationship problems,” among other things.

Judge Schoenstedt had withheld the records.

“The records that are being withheld are presumed to be those related to Defendant Astrella’s participation in the Will County EAP (Employee Assistant Program) regarding sexual harassment,” a motion to compel the release of the documents said.

Astrella was “ordered to participate in such program in response to (Bembnister’s and Flynn’s) complaints of sexual harassment,” the motion said.

The Will County Employee Assistant Program provides “help” to employees and their families so they can “find their way through personal concerns such as depression, stress, relationship issues, addictions, work life balance, and financial & legal questions,” according to the website for the Will County Governmental League.

Court records show Astrella currently represents only one defendant, 51-year-old Bruce Gempel of Crest Hill. Gempel was arrested in 2012 and charged with murdering an 89-year-old neighbor, Dorothy Dumyahn.

Astrella had been representing Nightmare on Hickory Street killer Joshua Miner. Astrella started appearing at Miner’s court hearings in February 2013. Four months later, Astrella told Judge Gerald Kinney he was removing himself from the case, according to court records, which give no explanation for his withdrawal. Astrella was replaced by Michael Renzi, a private attorney who also works part-time as a public defender.

Miner was found guilty and sentenced to life in prison.