NORWICH – The felony trial of 24-year-old Daniel Sabines of Oxford will continue today as the prosecution wraps up its case against the accused burglar. On Tuesday, Judge W. Howard Sullivan told jurors he expects the trial to conclude sometime today, putting the case of the People versus Sabines in their hands.
According to defense attorney Alan Gordon’s opening statement, Sabines will take the stand in his own defense prior to the trial’s conclusion.
Sabines is accused of going door-to-door in August of 2010, supposedly to gather signatures for a political petition, and alleged to have entered a 22 Beebe Ave. residence he thought unoccupied, with the intent to commit a crime, when he was confronted by the home’s owner.
Sabines – as well as co-defendant Anthony Pierce – has been charged with second degree burglary, a class C felony. Pierce is scheduled to appear in court at a later date.
Assistant District Attorney Stephen Dunshee called a number of individuals to the stand yesterday, including an eyewitness, the homeowner himself, Norwich Police Officers Justin Carpenter and Brandon Clarke, investigator and Deputy Police Chief Raymond Marsh, Police Chief Joseph Angelino and investigator for the Broome County Computer Analysis and Technical Services Laboratory Carl Smith.
In his opening statement, Dunshee laid out the basics of the prosecution’s case, stating the homeowner, John Tripp, startled Sabines while he was “rifling through an upstairs closet ... looking for something to steal” in order to support his drug habit. According to Dunshee, Sabines then fled downstairs and out a back door.
Dunshee said Sabines had admitted, while in police custody, that he entered the residence at 22 Beebe Ave. without permission, to steal something to support his drug habit.
Gordon, in his opening statement, asked members of the jury to “reserve judgment” until they’d heard all the elements of the case. The jury, he added, would have an opportunity to hear from Sabines himself.
According to Gordon, the facts of the case actually go back to the week prior to the alleged break-in, when Sabines met Logan Bell, a former Marine and Constitutional Party member who was seeking a nomination to the House of Representatives. Bell, said Gordon, was looking for people to help him gather the required number of signatures for a nomination. Sabines agreed to help, and would receive $1 per signature for his time and effort. He then recruited Pierce to help gather signatures.
On Aug. 16, 2010, Gordon said his client met with Pierce on Conkey Avenue to continue their work for Bell. When he reached 22 Beebe Ave., Sabines knocked and thought he heard someone say to come in, according to Gordon. He then entered the house and, seeing no one, proceeded upstairs where he was confronted by Tripp.
“That’s what happened ... rifling through closets did not occur,” stated Gordon, who added it was not Sabines’ intent to commit a crime and, if jurors believe that, they must acquit his client.
Dunshee’s first witness, Cheryl Myers, a former Beebe Avenue resident, identified Sabines and said she’d seen both he and Pierce on Beebe Avenue the day of the alleged robbery. Gordon asked Myers if Sabines was attempting to run or hide when she saw them, to which she said no.
Dunshee then called Tripp, who lives at 22 Beebe Ave. with his wife of 27 years and was home the day of the alleged burglary attempt. According to the homeowner, he was working nights at the time, 10 p.m. to 6:30 a.m., and typically slept in a back bedroom which had been blacked-out so he could sleep. On Aug. 16, 2010, Tripp said he went upstairs to lay down at around sometime between noon and 12:30 p.m. He first heard a noise in the hallway, he said, followed by the sound of the closet door in a front bedroom. According to Tripp, his wife was not expected to come home for lunch at that time, which is when he got up to investigate.
“I got thinking, something’s not right here,” said Tripp, who proceeded down the hallway to the front bedroom. “That’s when I saw this gentleman here.”
Tripp said he and Sabines, who he identified for the court, were both startled, adding he thought Sabines was “just as surprised as I was.” When he asked Sabines what he was doing in the house, he replied “nothing,” according to Tripp. Sabines then took off down the stairs and fled the house, he added.
“It was a surreal experience ... you don’t expect something like that to happen,” stated Tripp.
Dunshee then had the homeowner identify a number of photographs of the 22 Beebe Ave. residence, followed by the defense’s cross examination.
Gordon asked Tripp if anything in the home had been taken, to which Tripp replied, “No, they didn’t have enough time.” He then asked if any drawers had been opened and if the closet had been rummaged through. According to Tripp, a number of shoeboxes kept in the closet had been opened and he could see where hangers had been moved out of place.
Testimony in the Sabines trial began again today at 9:15 a.m. and is expected to be handed over to the jury sometime this afternoon. More details on Tuesday’s testimony, as well as Wednesday’s proceedings, will appear in tomorrow’s Evening Sun.