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Sunday, April 15, 2012

Ex-Cop Pleads Guilty in Forgery to Obtain Cellphone Records

Ex-Frankfort officer pleads guilty in phone records case
The Herkimer Telegram by Rocco LaDuca - April 6, 2012

Herkimer, N.Y. — A former Frankfort village police officer accused of illegally seizing another officer’s phone records pleaded guilty in court Monday, without ever having to explain his actions. Former officer Daniel Herrman, 39, of Yorkville, pleaded guilty in Herkimer County Court to second-degree forgery, a felony, and official misconduct, a misdemeanor, in connection to his request for the Verizon phone records of another officer, Samuel Ameduri III, while both were officers in 2010. Herrman agreed to the plea offer with the understanding that he would likely be placed on five years of probation when he returns to be sentenced on Thursday, May 31, said his attorney, Michael Daley. But if Judge John Brennan decides Herrman should be sentenced to some jail time instead, Herrman will be allowed to withdraw his plea, Daley said. Herrman, however, was allowed to enter an “Alford” plea, which did not require him to detail or admit to any facts of the allegations, other than to just plead guilty, Daley said. This means Herrman was not asked in court to explain why he sought Ameduri’s cell phone records in the weeks after Ameduri accused then-police Chief Steven Conley of choking him during a heated confrontation. Conley resigned from the department that summer. Nor was Herrman required to say if anyone had ordered him to obtain Ameduri’s records by telling Verizon Wireless that Ameduri was in “immediate danger of death or serious physical injury.” Now that Herrman has pleaded guilty in Herkimer County, he still has to await the resolution of other charges in Oneida County related to the alleged possession of a handgun and other items reportedly stolen from the Frankfort Police Department.

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