Caledonia Boy Scout Leader Can Duck Federal Child Porn Case with State Court Plea

LIVINGSTON COUNTY – The former Caledonia Assistant Boy Scout Leader who was arrested in August for possessing child pornography is seeking a letter from the local U.S. Attorney’s Office indicating that if he pleads guilty in Livignston County, his case will not be prosecuted on a federal level.

Daniel Fisher, 26, was charged in Livingston County with Using a Child in a Sexual Performance, a C felony, Possessing a Sexual Performance by a Child, an E felony, and Endangering the Welfare of a Child, an A misdemeanor, for allegedly possessing and sharing illegal images of children. District Attorney Greg McCaffrey said in September that Fisher is accused of enticing a 14-year-old boy into committing sexual acts, and that U.S. Attorney William Hochul’s office is ready to take the case on in federal court.

“Another part of this negotiation is that we would like a letter from the U.S. Attorney’s Office indicating that there will be no federal prosecution in this case,” said Fisher’s Attorney, Chief Public Defender Marcea Clark Tetamore.

The current offer from the Livingston County District Attorney’s Office is a guilty plea to Using a Child in a Sexual Performance, 3 to 9 years in state prison, registration with the Sex Offenders Registration Act, and $1,425 in court fees and fines.

Judge Robert Wiggins said that this is not the maximum allowable sentence.

“I had to be convinced by [Mrs. Tetamore] to go along with this,” said Judge Wiggins. “I thought that perhaps the maximum was the appropriate sentence.”

However, Fisher is still presumed innocent and was granted an adjournment to talk the matter over with his family before making a decision.