Juror dismissed in child rape trial, replaced by alternate
Jurors are generally silent during a trial, so it was very unusual when one interrupted the alleged victim’s testimony Wednesday morning in a child molestation case in Washington County Court and said he needed to speak to the judge, who immediately called for a recess.
Eleven of the 12 jurors and two alternates were escorted into the jury deliberation room in Judge John F. DiSalle’s chambers while the juror who brought the proceedings to a halt remained in the courtroom.
The events occurred during the trial of Anthony Capodieci, 72, of Bentleyville, who is charged with the rape of a child, statutory sexual assault, involuntary deviate sexual assault and corruption of a minor.
The juror said he had not heard the name of the potential witnesses in the case being read in court Monday as the jury was being selected, but he realized as the first witness was testifying that he knows the parents of the boy.
Although the juror said he could be impartial in the case, Assistant Public Defender Rose Semple said if she had known, she would have used what is known as a peremptory challenge to keep him from being seated.
DiSalle dismissed the juror and a female alternate took his place. There are now eight women, four men and one male alternate hearing testimony.
“That’s why we have alternates, because of something like this,” DiSalle told the members of the panel.
The interruption occurred about an hour after attorneys made opening arguments to the jurors.
Deputy District Attorney Traci McDonald Kemp told the jurors the “young man had been groomed to be involved with sexual activity” which took place from 2009, when he was 9, through 2012. The boy is now 15.
Semple noted police made no recording of their interrogation of Capodieci or the statement he gave them. “Everyone with a smartphone has a recording device that can be used to capture video or audio,” she said. “They chose not to. What was it that they didn’t want us all to hear?”
Testimony is scheduled to continue Thursday. Capodieci remains free on bond.