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| Jury Delivers Guilty Verdicts on All 8 Counts in Daskiewich Trial September 11, 2019 06:15 p.m. By: Nick Altmire |
Michael F. Daskiewich, 58, of Port Leyden, that opened on Monday. Late this afternoon a jury delivered guilty verdicts on all 8 counts the defendant was facing. On Tuesday, the jury heard from prosecution witnesses, including the alleged 15- year-old victim, the victim's teenage friend, and New York State Police Investigator Donald Moore. The alleged victim graphically described to the jury, in his own words, how the events transpired on the evening of October 20, 2018. In summary, the alleged victim said he and his friend ended up at Mr. Daskiwich's residence in Port Leyden that evening to drink and spend the night, where Mr. Daskiewich sexually assaulted him after his friend was asleep. The alleged victim's friend has an established relationship to the defendant, which we are not disclosing to protect the victim's and his friend's identity as they are both minors. The alleged victim said he had previously encountered Mr. Daskiewich approximately ten times at his friend's house in the past. A video, secured from security camera footage at the Boonville Nice n' Easy store, showed the jury that Mr. Daskiewich did purchase a total of 4 4Loco alcoholic drinks that evening, showing two passengers in the cab of his pickup truck in the parking lot. Both the alleged victim and his friend identified themselves as the passengers, after being shown still frames from the video. The jury was told that each 24 ounce can of 4Loco has the equivalent alcohol content of approximately five to six 12 ounce beers. During Investigator Moore's testimony, a controlled phone call between the alleged victim and Mr. Daskiewich was entered into evidence. The controlled phone call took place on October 21, the evening after the alleged assault took place. The call was placed using the alleged victim's phone, while he was at the New York State Police station in Marcy, NY, and was monitored and recorded by Investigator Moore. Investigator Moore said he was prompting the alleged victim with what to say, using notes. The lengthy call opens with the alleged victim telling Mr. Daskiewich that they needed to talk about what happened the previous night. "Why did you do all those things to me?" the alleged victim asks. "Well, I don't know," Mr. Daskiewich responds after a long pause, "I was drinking, I apologize..." As the call progresses, Mr. Daskiewich says he can't remember anything happening the previous evening, that he was messed up also and had taken a sleeping aid medication. Throughout the call the alleged victim repeatedly asks why the incident had happened, before a transition to trying to set up another encounter- with prompts from Investigator Moore. By the end of the call, Mr. Daskiewich agrees to meet the alleged victim that night, inviting him to a location in Boonville. Instead of a meeting with the alleged victim, Investigator Moore went to the location in his place to question Mr. Daskiewich. The jury heard a recording of the initial conversation between Mr. Daskiewich and Investigator Moore. The alleged victim's friend also testified, noting that he didn't see or hear anything that night involving a sexual assault. He said at one point the victim became sick from drinking and that's when he (the friend) went to bed, falling asleep prior to the victim or Mr. Daskiewich. Both teens described themselves as heavily intoxicated. He noted that he did not see Mr. Daskiewich drink any alcoholic beverages, and confirmed that the victim's air mattress was moved into Mr. Daskiewich's room before he went to sleep. He said when he woke up the next morning the alleged victim visibly appeared to be upset and told him they had to leave. This morning, the prosecution rested their case after the expert witness testimony of mental health and clinical consultant Sura Page, who spoke how the brain reacts to acute trauma in cases of sexual assault, domestic violence or child abuse. Ms. Page discussed topics related to delayed disclosure and the bodies chemical response when it comes to fight/flight/or freeze during traumatic events. The defense then rested their case, without calling any witnesses. Both sides then presented their closing arguments to the jury. Defense Attorney Kevin Dwyer argued that the lack of any physical evidence and the victim's highly intoxicated state- potentially impacting his memory of the events- were enough cause for reasonable doubt. He said that although the controlled phone call the jury heard was "odd and weird," the defendant never admitted to any of the sexual allegations. Prosecutor Caleb Petzoldt then closed by replaying numerous clips from the controlled phone call for the jury to hear again. He noted that the victim had nothing to gain by fabricating the story. "Every piece of evidence and testimony backs up [the victim's] version of the events," Mr. Petzoldt told the jury. After closing arguements, the jury was given instructions by Judge Daniel R. King and was handed the case for deliberation around 3:30 p.m. After deliberating for a little over an hour, the jury returned with guilty verdicts on all 8 charges:
until his sentencing scheduled for November 15. The top two counts alone carry a potential maximum of 25 years in prison each. |
Michael F. Daskiewich