Victor trial delayed until September because of lack of jurors
NORWICH – The trial against Michael A. Victor, Jr. was postponed again yesterday, when not enough jurors reported to the Chenango County Courthouse.
According to Chenango County Court Clerk Catherine Schell, only 31 of the 75 summoned for jury duty reported at 9:30 a.m. Tuesday. The lack of prospective jurors prompting Hon. W. Howard Sullivan to adjourn the trial until Sept. 6. A separate panel will be called.
Schell said that following a pre-trial conference, Sullivan addressed those who had reported for jury selection and explained that in consideration of the length and nature of the trial, as well as the number of pre-emptory challenges allowed to both the prosecution and defense, he did not feel there was a sufficient pool to move forward.
In a phone interview Friday morning, Sullivan said never before in his 31 years on the bench has he had to adjourn a trial because of an insufficient pool of jurors.
“Next time we are going to ask for 150 to be summoned, and a back up pool of 50,” he said.
According to Commissioner of Jurors Mary Weidman, the number of jurors summoned was in accordance with the guidelines set forth by the Unified Court System for cases involving Class A-II felonies.
Victor, now 30, was indicted in 2009 on the class A-II felony of second degree criminal possession of a controlled substance. He also faces three counts of second degree criminal possession of a weapon, a Class C felony; three counts of third degree criminal possession of a weapon, a Class D felony; and second degree conspiracy, a class B felony.
“I’ll certainly start to summon more people,” she said.
Those summoned were told to report on Tuesday, July 19, the date jury selection was initially slated to take place. The trial did not start on that date, however, as the defense requested a two day adjournment.
Of the 75 who received summonses, Weidman said 21 requested a postponement or to be excused. When the trial date was changed, an additional five asked to be excused.
According to Weidman, those who fail to appear are sent a certified letter, to which they must respond within 10 days. If it is the first time they’ve shirked their duty, they are typically rescheduled for a later term. Those who have previously missed jury duty may be called before the judge or fined up to $250.
According to Chenango County Court Clerk Catherine Schell, only 31 of the 75 summoned for jury duty reported at 9:30 a.m. Tuesday. The lack of prospective jurors prompting Hon. W. Howard Sullivan to adjourn the trial until Sept. 6. A separate panel will be called.
Schell said that following a pre-trial conference, Sullivan addressed those who had reported for jury selection and explained that in consideration of the length and nature of the trial, as well as the number of pre-emptory challenges allowed to both the prosecution and defense, he did not feel there was a sufficient pool to move forward.
In a phone interview Friday morning, Sullivan said never before in his 31 years on the bench has he had to adjourn a trial because of an insufficient pool of jurors.
“Next time we are going to ask for 150 to be summoned, and a back up pool of 50,” he said.
According to Commissioner of Jurors Mary Weidman, the number of jurors summoned was in accordance with the guidelines set forth by the Unified Court System for cases involving Class A-II felonies.
Victor, now 30, was indicted in 2009 on the class A-II felony of second degree criminal possession of a controlled substance. He also faces three counts of second degree criminal possession of a weapon, a Class C felony; three counts of third degree criminal possession of a weapon, a Class D felony; and second degree conspiracy, a class B felony.
“I’ll certainly start to summon more people,” she said.
Those summoned were told to report on Tuesday, July 19, the date jury selection was initially slated to take place. The trial did not start on that date, however, as the defense requested a two day adjournment.
Of the 75 who received summonses, Weidman said 21 requested a postponement or to be excused. When the trial date was changed, an additional five asked to be excused.
According to Weidman, those who fail to appear are sent a certified letter, to which they must respond within 10 days. If it is the first time they’ve shirked their duty, they are typically rescheduled for a later term. Those who have previously missed jury duty may be called before the judge or fined up to $250.
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