OSWEGO, NY – Anthony Pauldine has opted for a non-jury trial.
In Oswego City Court Tuesday he decided to let City Court Judge James Metcalf review the transcripts from the trial held earlier this spring.
That trial ended in a hung jury.
Pauldine is facing a third-degree sexual abuse charge.
Itâ€™s is in the hands of the judge now, according to Chief Assistant District Attorney Don Todd.
He isnâ€™t sure how long the process might take.
â€œIt depends on how quickly the court reporter is able to get the transcripts together and to the judge for his review,â€ he said. â€œThe judge has indicated that once he has them, he will quickly review the transcripts and render his decision.â€
â€œWe have stipulated to a non-jury trial based on those admissible transcripts and testimony from those particular witnesses,â€ defense attorney Anthony DiMartino said.
The defendant decided to go this route because he was concerned about prior media coverage (of the case), Todd pointed out.
â€œHe was concerned with all the pre-trial publicity whether he could get a fair trial here. He chose to take his option of having a non-jury trial and trust in Judge Metcalfâ€™s view of the case,â€ Todd said.
â€œAfter discussing this and thinking about it for a long time, considering the courtâ€™s ruling yesterday on the testimony of two other witnesses and given that the last trial had a lot of publicity, internet, TV, newspaper, we thought that it was going to be very difficult to get a jury that had not been influenced and or had some run in with the past trial,â€ DiMartino explained.
â€œIt would have been difficult for a new jury to ascertain from what they could hear and what they couldnâ€™t hear â€¦ it just made more sense for us (to have the judge review the case),â€ he added.
â€œMr. Pauldine wants to get this done and over with,â€ his attorney said. â€œHe would like a conclusion to the matter. Weâ€™ve been waiting for a while, a little bit longer wonâ€™t be (that bad); of course, any wait is long and weâ€™d like to get some conclusion to this. We know we will eventually.â€