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|Jury Trial Begins in Sex Abuse Case Against Port Leyden Man
September 09, 2019 06:15 p.m. By: Nick Altmire
Honorable Daniel R. King presiding, in the sex abuse case against Michael F.
Daskiewich, 58, of Port Leyden.
Mr. Daskiewich was arrested by New York State Police last October. A grand
jury later handed up an eight-count indictment against Mr. Daskiewich,
containing the following charges for which he is currently on trial for:
Proceedings today started with the jury selection process, with Special
Prosecutor Caleb Petzoldt and Defense Attorney Kevin Dwyer narrowing
prospective jurors down to the 12 person jury with two additional alternate jurors.
The seated jury consists of 10 males and 2 females, with two male alternate
Opening arguments in the case were heard this afternoon.
Special Prosecutor Petzoldt opened by telling the jury that on the evening of
October 20, 2018, and into the early hours of October 21, 2018, a 15-year-old
male victim had an encounter with Mr. Daskiewich.
Mr. Petzoldt said the evening started when the victim met a teenage male friend
at the bowling alley in Boonville, later going to the friend's residence in Boonville.
It was at the friend's house where the victim encountered Mr. Daskiewich, who
has an established relationship to the victim's friend. It was here that the
prosecution alleges Mr. Daskiewich told the boys he would buy them alcohol if
they wanted to spend the night at his place in Port Leyden to hang out and play
Mr. Petzoldt told the jury they would see evidence that Mr. Daskiewich then went
to the Nice n' Easy store in Boonville to purchase four 4Loco alcoholic drinks,
with both teens consuming approximately two drinks each.
The prosecutor said that the boys each had set up an air mattress in the living
room at Mr. Daskiewich's residence, where they were going to "crash" for the
night. At some point, according to the prosecutor, the victim became ill and
started throwing up, at which time Mr. Daskiewich told him to bring his air
mattress into his bedroom so he could keep an eye on him, separating the two
The jury then heard the prosecution's description of "multiple acts of forcible, non-
consensual sexual contact" that took place between Mr. Daskiewich and the
victim, in Mr. Daskiewich's room, after Mr. Daskiewich had determined the
victim's friend was asleep.
Mr. Petzoldt told the jury they would hear in the defendant's own words his
responses when asked about the encounter a day after it allegedly took place.
"I believe you will be provided with sufficient evidence to find the defendant guilty
on each and every charge," Mr. Petzoldt concluded.
Mr. Dwyer then opened his statements with a quote, "Believe nothing, no matter
where you read it or who said it, not even if I have said it, unless it agrees with
your own reason and your own common sense."
Mr. Dwyer said he believes the jury will have doubts about what happened and
how it happened after the prosecution presents its case, noting that it is up to
prosecution to convince the jury of Mr. Daskiewich's guilt beyond any reasonable
doubt. He noted that intoxication will be an important topic and that the jury
should pay close attention to the details.
"What I ask is that you listen closely to what you hear and see," Mr. Dwyer told
the jury. "Pay attention to how the story flows and if it is logical. I do not envy
your position, but I have the utmost confidence in you to fairly decide this case."
The trial is set to resume Tuesday morning, when the first witness in the case will
We'll have updates as the trial progresses.