An Ontario County Sheriff’s Office veteran, Adam Broadwell, pleaded not guilty on Monday to felony charges of eavesdropping, possession of an eavesdropping device, and official misconduct. Broadwell is accused of listening in on a jury deliberation by using a device specifically designed for eavesdropping.
According to Assistant District Attorney Kelly Wolford, the jury was deliberating a felony case when Broadwell listened in on the conversation. The eavesdropping charges brought against Broadwell relate to his use of a device to enhance the sound of people talking in his area.
However, Broadwell’s defense attorney, Clark Zimmermann, argued that the device used was a Bluetooth earbud set linked to an Android phone, which does not match the definition of an eavesdropping device.
Wolford emphasized that any charge of eavesdropping is a violation of privacy, and that a charge of up to four years in the New York State Department of Corrections could be imposed. She noted that the charge of eavesdropping is not common, but it is a violation of individuals’ privacy rights, especially when a jury is deliberating.
Zimmermann argued that Broadwell was merely doing his job of monitoring jury deliberations and ensuring that everything inside the room was proceeding without conflict. He maintained that being in the area of a jury deliberation was part of Broadwell’s job description.
Both attorneys emphasized that Broadwell’s position as a government official was significant and could be lost permanently. The next court date for the case is set for May 5 at the Canandaigua City Court, where it will be decided if Broadwell will waive his right to a grand jury or not.
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