BALLSTON SPA – A jury was selected Wednesday to determine the case of Eliezer Gaetan, who is accused of crashing a car into a Ballston home before attempting to rob the residence.
Gaetan was arrested last February for an incident that allegedly happened in the area of Charlton and Middle Line roads.
Gaetan, 42, of Schenectady, faces three charges, second degree attempted burglary, endangering the welfare of an incompetent person — a class E felony — and fourth-degree criminal mischief — a class A misdemeanor
The trial is set to take place at the Saratoga County Courthouse in Ballston Spa, and opening arguments are scheduled to begin Thursday morning.
Throughout jury selection, Saratoga County Assistant District Attorney Mary Northrop asked potential jurors about their meaning of “intent.”
“If I put this pen down on the desk, what was my intent?” Northrop asked jurors. “If I say, ‘I’m going to put this pen on the desk.’ and then I put it down on the desk, do you know what my intent was?”
Northrop asked potential jurors about their jobs, work history and any involvement they have had in the military.
Gaetan’s defense attorney, Jim Davis, told potential jurors that the burden of proof in this case is on the prosecution.
“I could literally put my head down on this table and do nothing, and they [the prosecution] still have the burden,” Davis said.
Police responded to a one-car crash shortly after 1 a.m. on Feb. 17. The driver was not on scene when troopers arrived, police said at the time. Troopers, however, soon found Gaetan inside a neighboring residence.
Davis warned potential jurors about a piece of video evidence that may be used during this trial which he said would be “very disturbing.” He also asked potential jurors if they would have any issues coming to a guilty verdict or if they would have any issues with a person who learned English as a second language, using a translator in court throughout the proceedings.
The case is being presided over by judge James Murphy III. He expects the trial will last about two weeks.
Stay tuned for updates on this developing case.
Agree Good to see progress in the legal process
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