NORWICH – Jury selection in the felony burglary trial of 24-year-old Daniel Sabines, Oxford, took place Monday, with the final four members of the jury sworn in at approximately 4:15 p.m.
In August of 2010, Sabines was accused of going door-to-door with co-defendant Anthony Pierce, 22, Richfield Springs, with a fake political petition. The two then allegedly entered what they thought was an unoccupied Beebe Avenue home when they were confronted by the home’s owner.
Both Sabines and Pierce have been charged with second degree burglary, a class C felony. Sabines’ trial began at 9:30 a.m. today. Pierce is scheduled to appear in court at a later date.
Approximately 50 potential jurors were on hand for yesterday’s selection process, which saw Sabines, dressed in suit and tie, seated next to his attorney, Alan Gordon. Across the courtroom, Chenango County Assistant District Attorney Stephen Dunshee represented the prosecution.
Judge W. Howard Sullivan welcomed the potential jurors and said he realized everyone present was there at some level of inconvenience. The service they’ve been asked to perform, however, is “very, very important,” he added.
According to Sullivan, the trial is expected to run through today and possibly into Wednesday. He stressed the importance of Sabines’ presumed innocence, and reminded all present that it’s the district attorney’s obligation to prove his innocence or guilt “beyond reasonable doubt.”
The jury’s function, he added, is to determine the facts only.
Dunshee called the trial a “simple burglary case” and “very straightforward.” Part of the prosecution’s proof, he added, will come from Sabines himself, in the form of a statement he made to police officers shortly after his arrest.
Gordon, in defense of Sabines, also addressed those present, stating that he and Dunshee had one thing in common – both are looking for a fair and impartial trial.
He reminded jurors they’re required to presume Sabines’ innocence until proven otherwise. If they have any doubt at all to his guilt, he added, they must move to acquit him.
“You have to be willing to do that,” he added.
According to Gordon, it’s Dunshee’s burden to prove “each and every” element of the case. Burglary, he added, is “not just stealing” but, “unlawful entry for the purpose of committing a crime.”
Following a 10 minute recess, four members of the first panel of jurors were excused, as part of both attorneys’ right to peremptory challenges. After another round of information sharing, questioning and a second recess, the final four members of the jury had been selected, two of whom will serve as alternates.
Jurors were instructed not to discuss the case with one another, read any newspapers regarding the case, make contact with potential witnesses, the defendant or the attorneys involved, or visit the site of the alleged crime.