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As the trial for former Monroe County Deputy Executive James Smith begins, County Court Judge Frank P. Geraci is taking steps to make the trial less political.
Jury selection was completed Monday, with 12 jurors and two alternates chosen.
Yet even before jury selection began on Monday, Geraci ruled that it would be inappropriate for Smith’s defense or prosecutors to ask potential jurors which political party they were affiliated with as a screening question.
“I though he was right in the decision,” said Smith’s attorney, Joe Damelio. “We just felt this issue was so sensitive that we thought it should be brought out.”
However, Geraci did not rule out asking possible jurors if they were actively involved with specific political parties or have run for office in the past.
Smith is charged with six counts of official misconduct, all misdemeanors.
District Attorney Mike Green said Smith, a Republican, allegedly failed to take action that his job authorized and required him to take, allegedly benefiting “a political party.”
Prosecutors allege Smith did not do enough to prevent or failed to report the fact 15 Robutrad workers were bilking the county out of thousands of dollars. Ten of the 15 workers, as well as their ringleader Robert Morone, have already pleaded guilty to crimes related to the scandal.
Smith resigned as deputy county executive in April 2009, citing family concerns, maintaining the Robutrad investigation and pending charges had nothing to do with his decision.
While Geraci practically ruled out identifying party affiliation, the witness list read as a who's-who in Republican county politics.
Monroe County Executive Maggie Brooks, County Clerk Cheryl Dinolfo, Sheriff Patrick O’Flynn and former County Executive Jack Doyle were among several prominent Republicans on a list of more than a dozen witnesses read off to possible jurors to prevent possible conflicts of interest.
Assistant District Attorney Bill Gargan did not rule out the possibility that any of the people on the witness list would testify. Damelio said he expects Brooks to take the stand.
The 15 Robutrad trade workers were also on the list of witnesses.
As the trial for former Monroe County Deputy Executive James Smith begins, County Court Judge Frank P. Geraci is taking steps to make the trial less political.
Jury selection was completed Monday, with 12 jurors and two alternates chosen.
Yet even before jury selection began on Monday, Geraci ruled that it would be inappropriate for Smith’s defense or prosecutors to ask potential jurors which political party they were affiliated with as a screening question.
“I though he was right in the decision,” said Smith’s attorney, Joe Damelio. “We just felt this issue was so sensitive that we thought it should be brought out.”
However, Geraci did not rule out asking possible jurors if they were actively involved with specific political parties or have run for office in the past.
Smith is charged with six counts of official misconduct, all misdemeanors.
District Attorney Mike Green said Smith, a Republican, allegedly failed to take action that his job authorized and required him to take, allegedly benefiting “a political party.”
Prosecutors allege Smith did not do enough to prevent or failed to report the fact 15 Robutrad workers were bilking the county out of thousands of dollars. Ten of the 15 workers, as well as their ringleader Robert Morone, have already pleaded guilty to crimes related to the scandal.
Smith resigned as deputy county executive in April 2009, citing family concerns, maintaining the Robutrad investigation and pending charges had nothing to do with his decision.
While Geraci practically ruled out identifying party affiliation, the witness list read as a who's-who in Republican county politics.
Monroe County Executive Maggie Brooks, County Clerk Cheryl Dinolfo, Sheriff Patrick O’Flynn and former County Executive Jack Doyle were among several prominent Republicans on a list of more than a dozen witnesses read off to possible jurors to prevent possible conflicts of interest.
Assistant District Attorney Bill Gargan did not rule out the possibility that any of the people on the witness list would testify. Damelio said he expects Brooks to take the stand.
The 15 Robutrad trade workers were also on the list of witnesses.
