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November 18, 2009

Delaware DA to assess city's police inquiry

ONEONTA _ Delaware County's district attorney has been asked to review the city's investigation into the alleged misconduct of three current or former Oneonta police officers.

The arrangement was made by Otsego County District Attorney John Muehl, who conducted two reviews of the investigation into the officers' conduct to determine if crimes were committed.

The involvement of Delaware County District Attorney Richard Northrup was disclosed at Tuesday night's Common Council meeting by Mayor John Nader and City Attorney David Merzig.

Two officers, Sgt. Andrew Barber and Joseph Stockdale, resigned Oct. 5. City officials have said they are seeking the firing of a third officer through an administrative hearing.

That officer, identified by sources as Daniel Fetterman, was first placed on paid administrative leave Oct. 7 before being suspended without pay Oct. 15.

A 30-day period of unpaid suspension for the third officer expired during the weekend, and the officer was placed on paid suspension, Wolverton said. That officer will not be working, she added.

Fetterman's salary was not available Tuesday night, but first-year officers typically have a base annual salary of $35,500 and receive contractual increases on an annual basis. Fetterman joined the department in 2002.

City officials have not disclosed the disciplinary charges faced by that officer or released any details of the circumstances behind Barber and Stockdale's resignations.

City officials have indicated only that the officers engaged in conduct "unbecoming an officer" and misuse of city property.

Sources have said the allegations involved on-duty sex with women on city property.

The allegations came to light Sept. 29 internally through the police department, city officials previously said.

The Common Council voted Oct. 20 to appoint an outside arbitrator, Peter Prosper of Clifton Park, to preside over the hearing.

Wolverton said she could not comment on whether that hearing was close to being held.

Muehl has said he does not believe any other officers were involved and that the investigation by the police department and city officials into the allegations of misconduct was thorough and exhaustive.

A Delaware County investigator working with Northrup's office is expected to re-interview all of the parties involved, and Northrup is expected to give a report to Muehl, Merzig said.

Muehl said previously that he may be in touch with a district attorney from another county to help him with the review of the city's investigation and to make sure he is not missing anything.

If criminal activity is suspected after this review, a special prosecutor from outside the county would take the case, Muehl said.

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