Trial date set for former police officer facing charges in two counties

By JOLEEN FERRIS

HERKIMER, N.Y. (WKTV) - A trial date has been set for a former Frankfort Police Officer who is facing forgery and misconduct charges.

Daniel Herrman is accused of illegally obtaining cell phone records of another Frankfort Police officer from Verizon Wireless in 2010.

Herrman claims he obtained the records at the request of Frankfort Mayor Frank Morocco, and needed them to investigate violent threats the officer allegedly had been making against people.

The case gets a bit more involved with Herrman facing stolen property and weapon possession charges in Oneida County for allegedly possessing an unregistered .40 caliber Glock pistol.

New York State Police say that pistol is the property of the Frankfort Police Department, and that it was reported stolen.

A trial date has been set for April 30, but it's not yet clear if it will be for more charges than Herrman currently faces.

That's causing concern for Herrman's defense.

Defense Attorney Michael Daley says,

"It's the same thing that's been said since November and October of last year, yet there are no other charges filed," said Defense Attorney Michael Daley. "It's very difficult in the abstract to be able to deal with plea negotiations when I'm not being told anything about these other charges."

The prosecution says that they can't comment on the possibility of more charges against Herrman.

"I can't comment on if there are going to be potential charges coming, other than the fact that there is an ongoing investigation and it is being handled on a two county basis at this point in time," said Prosecutor Jeffrey Carpenter.

If Herrman goes to trial on all charges, there would be two trials in two different counties. However, if there ends up being a plea deal, that can happen in one county, and satisfy charges in both.

That's as long as both counties' district attorney's offices are in agreement.

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