Prosecution asks for a do-over in grand jury proceedings in sex offender case - The Buffalo News

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Prosecution asks for a do-over in grand jury proceedings in sex offender case

LOCKPORT – The prosecution appeared Tuesday in Niagara County Court asking for a dismissal of the indictment against Sean M. Vickers, who is facing three child-molestation cases, and a chance to present their case to the grand jury again.

Vickers, 45, of Geneva, is charged with sexually abusing three children in the Barker and Middleport areas between August 2012 and March 2013. He faces similar charges in Genesee County involving five children, some of them the same ones as in Niagara County. A trial date was set for August after Vickers turned down three plea offers.

Assistant District Attorney Robert A. Zucco told Niagara County Court Judge Sara Sheldon Farkas that he and Deputy District Attorney Holly Sloma made some observations and believe there is a “flaw in the grand jury proceedings.” Zucco did not discuss details in court.

Assistant Public Defender A. Joseph Catalano objected to the do-over, saying, “It’s OK with me to dismiss the indictment, but it is improper to re-present, and having a new grand jury is prejudicial.”

Farkas asked Zucco to present in writing why they believe they have the “authority to correct the flaw,” and asked Catalano to present his opposition in writing. Both sides have until next Monday to make their motions and the case will come before the judge for a decision the following day.

In the meantime, Farkas said Vickers has filed a motion seeking to represent himself in court.


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