NORWICH – Opening statements were heard Wednesday after jury selection concluded in the Michael A. Victor Jr. trial.
A pool of approximately 70 potential jurors reported to the Chenango County Courthouse at 9:15 a.m. yesterday for the second day of jury selection. Seven jurors – 5 men and 2 women – were seated Tuesday.
Of the second pool, 30 were excused at their request. From the first panel of 14 called, seven were eliminated through pre-emptory challenges made by the prosecution and defense, leaving 3 men and 2 women to be seated on the jury along with 2 male alternates.
The new jurors were sworn in shortly after noon, following which Judge W. Howard Sullivan adjourned the proceedings until 1:45 p.m.
When court was called back into session, Sullivan instructed the panel on its role.
“You, the jury, is the sole judge of the facts in this case,” the judge said. He reminded them that the defendant, who appeared before them in the “garb of innocence” with the “dignity and self respect of a free man,” is to be presumed innocent until such time as the prosecution is able to establish otherwise by providing “legal proof beyond a reasonable doubt.”
Following the conclusion of Sullivan’s preliminary instructions, Chenango County District Attorney Joseph McBride rose to give his opening statements.
“Ladies and gentlemen, this is a simple case,” McBride said, reading each of the 10 felony counts on which Victor was indicted in 2009. They are two counts of second degree criminal possession of a controlled substance, a class A-II felony; one count of third degree criminal possession of a controlled substance; one count of second degree conspiracy; four counts of second degree criminal possession of weapon; and two counts of third degree criminal possession of a defaced fire arm.
After explaining each of the crimes of which Victor is accused, McBride walked the jury through the people’s case again the 30-year old man, describing each of the witnesses he intends to have testify on behalf of the prosecution.
“Ladies and gentlemen, when I rest my case, I’m going to ask you to convict the defendant on every count of the indictment I read, and find him guilty as charged,” he said.
Defense Attorney R. Paul Battisti addressed the jury next, asking each of the jurors to keep an open mind. After listening to the district attorney speak, he said, it would be easy to believe that the prosecution’s case against Victor was a “brand new cherry red Chevy Corvette” driven by two turbo-diesel engines.
“After you listen to all the evidence ... and ... testimony in this case ... you will all discover what truly propels the people’s case,” he said. “Two half-starved mice running on a treadmill chasing a piece of cheese they just can’t reach.”
After all of the evidence is presented, and each witness examined and cross-examined, Battisti said, “we are confident that each and every one of you will return a verdict of not guilty.”
Following the conclusion of the Battisti’s opening statement, the prosecution called its first witness to the stand: Investigator Michael Purdy of the Norwich City Police Department. The 13-year NPD veteran is expected to testify to the facts of the case over the course of three days. His testimony will be the focus of subsequent articles in The Evening Sun.