Two Kingston police officers have been cleared of allegations that they lied on the witness stand during pretrial hearings in a recent murder case.

But District Attorney Dave Clegg, who gave a statement in support of the officers, said County Court Judge Bryan Rounds’ finding that the men deliberately offered false testimony, a practice known as "testilying," would likely have a “devastating” impact on their careers.

The investigation by the city’s Police Commission centers on testimony offered by KPD Detective Brian Grothkopp and Officer Ryan Shuman during pretrial hearings in the murder case against Raymond Snyder in April. Snyder was one of two men accused in the home invasion slaying of Romero K. Underwood at his East St. James Street residence back on July 11, 2020.

The cops were part of a detail from multiple law enforcement agencies that went to Snyder’s then-residence at the Budget 19 Motel in the Town of Ulster to interview him one day after the murder. Snyder was not placed under arrest, but instead was taken to Kingston Police Headquarters for a “non-custodial interview.” Following the interview, police recovered a bandage that had been in Snyder’s hand. The bandage was sent for DNA analysis and found to match blood found in Romero’s apartment, in a vehicle caught on video leaving the crime scene and in his alleged accomplice’s residence, where police recovered two handguns believed to be linked to the crime.

During pretrial hearings in April before Judge Rounds, Grothkopp testified that there was no video of the encounter at the motel, while Shuman claimed that Snyder went along willingly for the interview at KPD headquarters. But one week before the trial was set to commence, prosecutors turned over a trove of “discovery” material to the defense that included a video from Grothkopp’s body camera, in which Snyder tells the detective that he does not want to speak to police without his attorney present. The discrepancy between the officers’ testimony and the video evidence was among the “numerous and substantial” procedural violations cited by Rounds in a series of decisions that tossed out virtually all of the prosecution’s evidence and barred most of their witnesses from the stand. Rounds would later dismiss all charges against Snyder. Prosecutors boycotted the trial, claiming that the rulings had left them without a viable case.

The Kingston Police Commission opened its investigation after officials learned of the perjury allegations through media reports. The investigation consisted of a review of Rounds’ decision, hearing transcripts and the body camera footage. Commissioners also consulted with Clegg and Seymour James, a prominent criminal defense attorney and former president of the New York State Bar Association.

On Wednesday, Mayor Steve Noble released the commission’s findings which exonerated the officers of perjury. Among the commission’s conclusions was the fact that the KPD turned over Grothkopp’s body camera footage to the DA’s Office in a timely manner. (Clegg has conceded that his office failed to turn over discovery material within the time frame established by law, something he blamed on two assistant DA’s who are no longer with the office).

The Police Commission also found that Grothkopp did not intentionally lie on cross-examination when he told Snyder’s defense team that he had not obtained any video evidence from the motel. The commission determined that the question was asked in a way that could reasonably be construed to mean the Budget 19’s own security cameras, not his body-worn device. Finally, the commission ruled that Shuman was not within earshot when Snyder invoked his right to counsel with Grothkopp, while Grothkopp was never asked under oath whether Snyder had asked for an attorney.

“Based on its review of the officers’ testimony and subsequent discovery-related discussions held on the record in this case, the commissioners unanimously concluded that neither of the officers … provided materially false testimony or intended to lie under oath,” the report reads. “Therefore the Commission decided not to refer this matter to the New York State Attorney General’s Office for further review.”

The commission did find that Grothkopp violated the KPD’s body camera policy by activating the device in the middle of his conversation with Snyder instead of immediately upon arriving on the scene. Last week, the commission ordered that the detective receive command discipline which can range from a counseling to the loss of up to five vacation days. The commission also ordered the department to “clarify” procedure for non-custodial interviews and authorized Mayor Steve Noble, who serves as head of the Police Commission, to consult with Corporation Counsel on the new guidelines.

But in a letter to the Commission defending the officers, Clegg wrote that both men would likely suffer serious repercussions from Rounds’ finding that they deliberately offered false testimony in the case. Clegg noted that under state law, his office must disclose the allegations to defense attorneys anytime the two cops are expected to testify. The allegations may then be used on cross-examination to undermine the officers’ credibility, despite their having been cleared of misconduct.

“There is no place these officers can go to recover what they lost of their reputation,” Clegg wrote. “Such a devastating impact for the rest of any officers’ career is extremely harsh, especially where the officer has no remedy to correct the adverse impressions.”