OSWEGO, NY â€“ Anthony M. Pauldineâ€™s fate remains in the hands of the jury.
The four-woman, two-man jury began deliberations around 10:35 a.m. today (May 20) following the attorneysâ€™ closing statements.
Shortly before 3 p.m., the foreperson of the jury sent a note to the judge indicating they could not reach a verdict and â€œfeel we are deadlocked.â€
â€œItâ€™s not unusual for a jury to have trouble such as this,â€ Oswego City Court Judge James Metcalf told them.
He instructed them to return to the jury room and continue deliberating until they reached a verdict â€œthat is the verdict of each juror, not merely acquiescence.â€
Pauldine was charged Oct. 26, 2009, with third-degree sexual abuse (a class B misdemeanor) and endangering the welfare of a child (a class A misdemeanor).
On Thursday morning, Pauldineâ€™s attorney Anthony DiMartino and then Assistant District Attorney Donald Todd delivered their closing statements.
According to DiMartino, the alleged victim wasnâ€™t very truthful in his testimony and wasnâ€™t enjoying staying at the Pauldinesâ€™ despite his client being â€œvery attentive to all the (foreign exchange) students.â€
â€œ(The alleged victim) testimony was what the people want you to think is what happened,â€ the defense attorney told the six jurors.
He also made issue of Toddâ€™s use of the phrase, â€œThose are your words, Mr. Pauldine,â€ when he cross examined the defendant Wednesday.
He pointed out it was also the alleged victimâ€™s words; which he described as â€œtotally wrongâ€ and â€œtotally untrue.â€
The defense doesnâ€™t contest what happened (that the then-16-year-old reached sexual climax), just â€˜howâ€™ it happened, he added.
He also pointed out that, in the controlled phone call the teen made to Pauldine from the police station, that he never asked his client specifically about what happened.
â€œWhy? Because they knew what the answer would be. They didnâ€™t want to hear that answer,â€ DiMartino said.
â€œMr. Pauldine is not guilty â€“ of anything â€¦ based on the facts of this case,â€ he continued.
The alleged victimâ€™s testimony was consistent with the facts and the evidence of the case, Todd said.
He replayed part of the recorded phone conversation where Pauldine asks for forgiveness.
â€œThose are the defendantâ€™s words,â€ he told the jury. â€œAnd, with those words, heâ€™s sealed his fate.â€
Itâ€™s not just the teenâ€™s word, he added.
The boyâ€™s testimony was backed up by other witnesses, the prosecutor said.
â€œTell him you know what he knows,â€ Todd said, gesturing toward the defendant. â€œTell him you know the truth.â€
The jury returned to the courtroom about a half dozen times during the afternoon to have questions regarding the law and the charges answered as well as view photos, hear segments of the phone call and listen to read-backs of various parts of testimony.