Retired Ogdensburg police officer facing child pornography charge set to take plea deal Oct. 24, or face trial in November
Saturday, September 9, 2017 - 8:37 am

By JIMMY LAWTON

OGDENSBURG -- A retired Ogdensburg police officer facing federal child pornography charges intends to plead guilty pursuant to an agreement with federal prosecutors on Oct. 24.

Details on the on the potential plea deal were not available through federal court documents, but any changes to the agreement must be entered prior to that date.

If a deal is not agreed upon, jury trial is set for Nov. 23 at 9 a.m. before Judge Glenn T. Suddaby in Syracuse.

Documents show that McCarthy has been granted at least five extensions, pushing back his court dates, but the document issued Sept. 5 states that court will not entertain any further extensions “without good cause shown.”

Former Det. Sgt. Harry McCarthy was indicted Aug. 25, 2016 for sexually exploiting a child for the purpose of creating child pornography, and for distributing, receiving, possessing and transporting child pornography.

According to the indictment, in 2013 and 2014, McCarthy induced a 13-year-old child to engage in sexually explicit conduct and recorded images of it.

McCarthy spent several months in Franklin County jail and retired from the Ogdensburg police force while behind bars following his initial arrest in August of 2015.

McCarthy has been detained by federal authorities since August of 2016.

If convicted of all charges, McCarthy faces at least 15 years and up to 30 years in prison for each charge of child exploitation, and at least five years and up to 20 years for each charge of distributing, receiving, and transporting child pornography. McCarthy would also face mandatory, post-imprisonment supervised release of at least five years and up to life, and would be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

However a plea agreement could reduce those penalties.