January 10, 2014
By MICHAEL ANICH , The Leader
Herald
JOHNSTOWN - A plea bargain is
being worked out in the case of a city police officer accused of raping a
16-year-old girl, and the deal may result in his resignation, attorneys said.
Lawyers associated with the
case involving suspended city Patrolman Adam Schwabrow wouldn't say whether the
plea will involve jail time.
The 32-year-old Schwabrow,
accused in September of felony statutory rape, was due to be in City Court
Thursday. A court official said Acting City Court Judge Lisa Lorman canceled
that proceeding and moved it to 9 a.m. next Thursday.
Defense attorney Michael
McDermott of Albany didn't return a phone call Thursday or this morning seeking
comment.
Special prosecutor Jennifer
Buckley of the Saratoga County District Attorney's Office on Thursday said,
"The [defense] attorney and I are discussing plea negotiations."
She said it is
"possible" the matter might be transferred to Fulton County Court.
Plea negotiations are expecting to end soon.
Schwabrow was charged Sept. 19
by his own police department with felony third-degree rape, commonly known as
statutory rape.
He is accused of having sexual
contact with the girl sometime over the past year and a half.
Schwabrow is the department's
former Johnstown Police Benevolent Association president and K-9 officer.
If convicted, Schwabrow would
face the possibility of 1 1/3 to four years in state prison. Schwabrow is free
on $5,000 cash bail.
Attorney Mary Roach, a city
labor counsel from the Albany law firm of Roemer Wallens Gold & Mineaux,
said Thursday she couldn't comment on Schwabrow's suspension from the police
force.
"The city is hopeful that
part of the plea arrangement will be a resignation," Roach said.
City police Chief Mark Gifford
said Thursday that Schwabrow currently is suspended with pay.
Schwabrow had also served as
director of the Montgomery County Emergency Management Office, but the county
legislature last week appointed Jeff Smith as his replacement.
Gifford previously said
Schwabrow was arrested after an investigation revealed evidence he had sexual
contact with a 16-year-old girl.
Saratoga District Attorney
James A. Murphy III said last fall the victim "was known to the
defendant" and that Schwabrow didn't attack the victim.
He also said his office was
investigating whether Schwabrow pulled his police firearm while fellow officers
were trying to arrest him in September at City Hall.
Buckley this week declined to
comment on the alleged gun incident. She said her office is working with Johnstown
police.
Fulton County District Attorney
Louise Sira said after the arrest the alleged rape took place in the city of
Johnstown. She said there has been no allegation or evidence of forced sexual
contact between Schwabrow and the victim.
She said forced sexual contact
typically falls under the category of first-degree rape, which was not alleged
in this case.
She said people younger than 17
in New York state cannot legally consent to sexual contact with an adult.
Michael Anich covers Johnstown
and Fulton County news. He can be reached at manich@leaderherald.com.