Update: U.S. District Judge Stephanie A. Gallagher on January 24 ordered Hersl released for time served, saying his “terminal medical condition and limited life expectancy constitute extraordinary and compelling reasons warranting the requested reduction.” He will be placed on supervised release.
Federal prosecutors are now supporting early prison release for former Baltimore Police Gun Trace Task Force Detective Daniel Hersl, citing his terminal cancer diagnosis.
Hersl, 55, who has served more than half of his 18-year sentence for using his badge to rob citizens, first asked to be released in October 2023, saying he had 18 months to live. Prosecutors opposed the request and it was denied by a judge.
Hersl renewed his request over the summer, and for the first time, said he was publicly accepting full responsibility for his crimes.
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In August, prosecutors again said they opposed Hersl’s release, but in court papers filed Friday said they were filing a motion to reduce his sentence on behalf of the director of the Bureau of Prisons, who recently determined Hersl is appropriate for a reduction in sentence due to his terminal condition.
Chief Judge George Russell III, who denied the earlier motion, has yet to rule on the newly filed motion.
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Hersl was already one of the most notorious officers in Baltimore before he was arrested and charged with racketeering in 2017. The criminal case came after an FBI investigation of his unit, the Gun Trace Task Force, which uncovered that officers, including Hersl, were regularly robbing citizens of cash and drugs, lying in official documents and stealing overtime.
He and another officer, Marcus Taylor, elected to take their criminal cases to trial in 2018. They were convicted by a federal jury and sentenced to 18 years in prison each.
Hersl, who won the department’s Medal of Honor in 2012 for saving the life of a partner, continued to insist after his conviction that he was innocent and had been a highly decorated officer. And prosecutors pointed to that insistence in arguing he had shown no remorse and should not be released. At the time, Russell, the judge, agreed.
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“While the defendant may have received commendations and awards while employed as a police officer, these accomplishments pale by comparison when considering the damage the defendant and his co-conspirators inflicted on the institutional reputation of the Baltimore City Police Department and the citizens it serves,” Russell wrote.
Hersl renewed his motion in July, saying he met the “extraordinary and compelling” conditions for a sentence reduction based on his terminal cancer diagnosis. The former detective also acknowledged his bad conduct.
“With my health on my mind, I want to seek peace with my actions and ask for forgiveness from the people of Baltimore, Victims of the GTTF and everyone affected,” he wrote, concluding: “I truly offer my sincere apologies to everyone.”
Defense attorney Christopher Madiou added in court filings that “at the end of his life, he is doing all he can to show he is capable of rehabilitation and redemption.”
“He deserves to die with dignity.”
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There were a number of sealed filings entered on the docket in August and September, the contents of which are unclear.
A new prosecutor, Ari D. Evans, entered his appearance Friday and filed the motion concurring with Hersl’s request.
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