By MICHAEL ANICH , The Leader Herald
JOHNSTOWN
- Suspended city police officer Adam Schwabrow, accused of statutory rape in a
case involving a teenage girl, appeared in City Court on Thursday and was
placed on unpaid administrative leave for 30 days.
His
City Court case also was adjourned until Nov. 21. Acting City Court Judge Lisa
Lorman set Schwabrow's next court appearance for 9 a.m. that day.
The
judge said there is still an order of protection for the alleged victim in this
case. Police are declining to get into specifics about the case, including how
the officer knows the alleged victim or whether the alleged sexual activity
took place while Schwabrow was on duty.
Schwabrow
was arrested Sept. 19, charged by his own Police Department with third-degree
rape, commonly known as statutory rape, a felony. If convicted, he faces the
possibility of 1 1/3 to four years in state prison.
Since
his arrest, he had been on paid suspension from the department.
City
police Chief Mark Gifford said previously Schwabrow was arrested after an
investigation revealed evidence he had sexual contact with a 16-year-old girl
sometime over the past year and a half.
Schwabrow
is free on $5,000 cash bail.
Gifford
said effective Thursday, Schwabrow was put on administrative leave for 30
calendar days without pay.
Schwabrow
is a former Johnstown Police Benevolent Association president and the
department's current K-9 handler.
The
defendant had been collecting pay since his arrest, but the chief said that was
only because of a "logistical situation" involving his department. He
said his department had to contact city labor attorney Elayne Gold. He said it
"takes time and paperwork" to suspend a public employee without pay,
and he didn't have the ability to do so at the time of the arrest.
Gold
said Thursday Schwabrow works under the terms of his PBA police union contract.
She said he couldn't be put on leave without pay unless he was formally served
with a notice of discipline, which occurred Thursday.
The
32-year-old Schwabrow was placed on unpaid leave from his other job as director
of the Montgomery County Emergency Management Office on Sept. 24.
He
appeared in court Thursday morning with attorney Michael McDermott of the
Albany-based law firm O'Connell and Aronowitz.
"The
attorneys indicated we're not at a point where we can talk about a
resolution," Lorman stated.
Lorman,
normally the assistant Amsterdam City Court judge, presided over the short
appearance. Also appearing was special prosecutor Jennifer Buckley, a Saratoga
County assistant district attorney.
Johnstown
City Court Judge Thomas Walsh and Fulton County District Attorney Louise Sira
recused themselves from the case.
After
Schwabrow's arrest, Sira said the alleged crime took place in the city of
Johnstown. She said there has been no allegation or evidence of forced sexual
contact between Schwabrow and the alleged victim. She said forced sexual
contact typically falls under the category of first-degree rape, which has not
been charged in this case. She explained that people younger than the age of 17
in New York state cannot legally consent to sexual contact with an adult.
After
Thursday's court appearance, Schwabrow was fingerprinted and processed at the
Police Department downstairs at City Hall. He left the building through the
special police-only exit and quickly went to his car.
Speaking
outside City Hall to area media, McDermott said Thursday's short court
proceeding was a "status appearance" to see where the litigants are
in the case.
"He's
entered a plea of not guilty," the defense attorney said. "Other than
that, I'm not going to get into any elements of the case."
McDermott
added it is a "difficult time, obviously" for Schwabrow. He
characterized the criminal charges against his client as "a very vague
allegation from two years ago."
After
the proceeding, the defendant's father, Dwight Schwabrow, waited downstairs in
City Hall with an unidentified clergyman. At one point, the father was allowed
into the usually locked police department to talk to his son.
Outside
of City Hall, Dwight Schwabrow said of his son, "He's doing OK. We're
giving him support."
Michael Anich covers Johnstown and Fulton County news. He can be reached
at