Alternate Juror Speaks About First Aaron Powell Double Murder Trial
As lawyers prepare for a second trial for Aaron Powell, whose 2014 double murder conviction was overturned due to a conflict of interest with a juror, Fox 40 sits down with the man who was next in line had that juror been removed. And it's someone well known on social media.
"I got a notice in the mail that I was getting called for jury duty," remembers Leo Cotnoir.
Yes, that Leo Cotnoir. One of the most persistent voices on local media's Facebook pages. The 70-year-old retiree was selected to be the first alternate juror in the first Powell trial. Powell was convicted of murdering his estranged wife Christina and Mario Masciarelli. Earlier this month, a court ordered a new trial because of a conflict of interest with a juror who was working at a law firm representing Powell in other cases.
"I didn't know that she had been challenged until after the trial," says Cotnoir.
According to court records, the juror disclosed the conflict after she was sworn in. Which means Cotnoir, who is not shy about voicing his opinion on local news including the Powell case, would have taken the 12th seat had that juror been removed.
Cotnoir says he was up front about his social media hobby during jury selection, telling the lawyers and the judge that he was a blogger and was in the middle of remodeling his kitchen. Cotnoir says there was no concern voiced about his blogging and social media use.
"My personal opinions have nothing to do with my services as a juror. They ask if you can judge the case fairly. Absolutely," says Cotnoir.
As an alternate, Cotnoir heard all the testimony, but wasn't part of the deliberations. He says there were significant holes in the case presented by the prosecution and the defense failed to utilize those inconsistencies. As a result, Cotnoir says neither side fully convinced him.
"Do I think that Powell was guilty? Well, ya, probably. But I don't believe that the prosecution proved it," says Cotnoir.
Fox 40 reached out to the Broome County District Attorney's Office, but were told the office could not comment since the case is once again open. Powell's second trial is expected to take place in the spring of 2018.