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September 22, 2018

Pauldine Opts For Non-Jury Trial


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.

It’s is in the hands of the judge now, according to Chief Assistant District Attorney Don Todd.

He isn’t sure how long the process might take.

“It depends on how quickly the court reporter is able to get the transcripts together and to the judge for his review,” he said. “The judge has indicated that once he has them, he will quickly review the transcripts and render his decision.”

“We have stipulated to a non-jury trial based on those admissible transcripts and testimony from those particular witnesses,” 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.

“He 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 Metcalf’s view of the case,” Todd said.

“After discussing this and thinking about it for a long time, considering the court’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,” DiMartino explained.

“It would have been difficult for a new jury to ascertain from what they could hear and what they couldn’t hear … it just made more sense for us (to have the judge review the case),” he added.

“Mr. Pauldine wants to get this done and over with,” his attorney said. “He would like a conclusion to the matter. We’ve been waiting for a while, a little bit longer won’t be (that bad); of course, any wait is long and we’d like to get some conclusion to this. We know we will eventually.”

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