Four days in a Lockport courthouse

Our criminal justice system is sometimes a bit wonky but it works. Four days spent in public service last week proved that to me.

It started as an innocent mail questionnaire a few months ago gathering information about my eligibility for Jury Duty.

I had been summoned twice in the before times (before Covid, when we lived in Erie County). One time I made it to the interview process before being rejected. The other time, I called everyday and never had to go downtown.

This time would be different. The summons was followed by an email telling me to report on Monday. I did as commanded, walking into the courtroom of Justice Caroline Wojtaszek to see the smiling face of Becky Wydysh.

The prelude

Wydysh is deputy commissioner of jurors for Niagara County as well as the former chairperson of the Niagara County Legislature and current candidate for 145th State Assembly District. Spending an “in depth” hour with her is on my bucket list. (Editor’s note: I know, weird bucket list, but hey, I know her opponent Nate McMurray fairly well. I should talk to her about how, if she goes to Albany, she will be more useful as a Republican than tits on a bull. And besides, she seems nice.)

Judge Caroline is married to Henry, the North Tonawanda Republican leader constantly under fire for allegedly enriching himself at the trough of the Western Region OTB. I will call her Judge Caroline because it is easier than typing Judge Wojtaszek.

This article will be more about the process than the case, which ended with Daniel Gregory being convicted of attempted rape and attempting to distribute obscene images to a minor over the internet. (I might have the terms wrong, but Gregory, a former resident of Clarence’s Village Haven Motel, is going away for a long time. It is a good thing.)

The building is guarded by State Court Officers, cops who keep our courts safe. Every time you leave or enter, phone and keys go through the metal detector and you pass the metal detector with your watch arm over your head.

In the building

I took the stairs to the third floor and checked in. 10 minutes later, someone noticed I was in the wrong room and redirected me downstairs.

I walked in and immediately recognized Wydysh even if it took me a moment to determine why. She described the jury selection process and educated the 80 or so people in Judge Caroline’s courtroom that we were there for Jury Service, not duty.

She has the court clerk show us the ballot selection box, a gold metal tumbler from which slips would be pulled.

Wydysh told us nothing about the case, only about the process of jury selection.

Selection process

Judge Caroline took the bench. She has good, positive energy and gives off an aura of approachability more than arrogance or privilege. Her job is not easy, but as with most things in life, you get further by being nice than mean. She is nice. Even if she has mad chops, rising in the District Attorney’s office from special victims unit to DA before she came to State Supreme Court.

She gave us a brief description of the case before us. The defendant sat with his attorneys. From the gallery I could see the defendant was a slight man with long, dark hair and a beard. He had slouching posture and a wild look that made me think he had to be on something. Everything written here is from memory since you can’t take note or pictures in court.

After Judge Caroline explained the selection process, her clerk drew names to fill the 18 seats in the jury box.

She also discussed the role of the court reporter who sits with complete concentration creating a record of every utterance.

Judge Caroline said “don’t ask me how she does it. I don’t know either. Magic?”

Drafted 1st in gym class

I was first. I’ve never been chosen first, not even in gym class. I crossed the courtroom and took seat 1. It would be mine until Thursday.

18 people were called. A two-sided sheet of questions awaited us. I read both sides and tried to speak loudly, clearly and honestly.

I told of my job as a financial professional, of my wife Beth’s profession and even mentioned serving on the board of the Niagara Beautification Commission. I didn’t know how to mention my role as a journalist. It’s not really a club or board or job

Both the prosecuting attorney and the defense attorney asked a few questions. I remember two. I was asked if, given the nature of the case, and my wife Beth’s role as a psychotherapist I could be impartial in a case of this nature. I assured her I could. I was also asked if I had to go to the jury room right now, would I vote guilty or innocent.

I answered “I have no idea. We haven’t heard any evidence and the accused is still presumed innocent.”

After those introductory answers, Judge Caroline asked if any of the 18 of us knew the defendant, any of the attorneys or court personnel. I raised my hand and told her I know Henry. She asked if that would impede my ability to be impartial. I assured her it would not.

After all 18 of us endured that process, the attorneys and judge left the courtroom. When they came back, they seated 5 and dismissed 13. I was 1st and that made me foreman. Another intimidating element. I felt a swelling in my throat. My eyes well up. Just a little. Me? That’s the best they could do? Son of a bitch, get me a beer. (Sorry, sometimes music is in my head, metaphorically.)

There were some folks I understood the logic of not picking, for example, a mother of 5 with young children at home should never be asked to sit in judgment of a man accused attempting to molest a 12 year old. A Spanish speaking gentleman who answered questions as best he could but admitted he understood about half of what was said in the courtroom. Another gentleman had trouble hearing and demonstrated effectively that the available wireless headphones didn’t work for him. It was believable when he said he forgot his hearing aides or a brilliant ploy for being sent home.

The lawyers and judge left the room after the first 18 were interviewed. They returned a short time later, announced 5 selections.

On Tuesday morning, we returned to the jury room and found we now numbered 8. 4 and an alternate remained to be seated.

About those courtroom cops

County employees swipe in at numerous doors. Jurors and members of the public enter through the main door, going past 3 officers.

On the first day of service, there was a cattle call for two juries on two floors. The line for entry stretched outside. Instructions said to arrive by 8:45 a.m. It was 9:15 before I made it indoors.

At the metal detector, they even made me remove my belt.

The first time through, the woman in front of me warned them she had medical metal inside her and it sets of the detectors at the airport.

The guard cranked at her at bit, “that’s a different process.”

Throughout the process, in the courtroom, there were almost always two and sometimes 3 officers in charge.

They are armed just like regular cops with the guns and cuffs as well as extra clips of ammunition and bullet proof vests.

Once we were seated, they chaperoned us to and from the jury room, stacking us in order in the hall outside the courtroom. Once we were lined up, the officer would escort us to the court, opening the door, “jury in.”

The jury room would become our sanctuary but by the end of the trial, those court officers started to feel like guards and we started to feel like inmates.

Every court staff member was polite and professional. Ditto the prosecutors and defense attorneys as well as the ringmaster Judge Caroline. You can’t make the matter of free or not light. Guilty or innocent is not whimsical or happenstance. A jury is “charged” as was the man presumed innocent. It’s also sort of captured until service is declared done. At least the judge was nice.

The trial

With 5 jurors chosen we were done for the day but it was early afternoon. We came back on Tuesday morning to find 5 were now 8 and selection was ongoing. They added 4 more and an alternate.

I am pretty sure the court clerk swore us in but I could not see her, only hear her amplified voice.

The defendant

When we first took our seats during jury selection I notice Gregory at the defense table.

He had shaggy, unkempt hair, wild eyes and thin shoulders.

His appearance made me make the immediate and wrong assumption this would be a drug related case.

He was wearing a gray dress shirt that seemed two sizes too big.

He slouched, twitched and picked at his lip with his pinkie in a peculiar way.

He put his hands in his pants pockets in an uncomfortable, peculiar way that made me wonder what he was doing.

The presence of a Sheriff's deputy gave a clue that Gregory was already incarcerated. Sometimes Gregory would be brought to a better posture by the defense attorney and sometimes by the deputy. He stared intently at one particularly young and attractive juror.

Opening statements

Liesel Marcantonio for the prosecution promised to lay out consistently all the evidence against Gregory.

Matt Pynn, the lead defense attorney, asked the jury to consider if, when the judge instructed us later, all the elements of the defined crimes were present and had been proven by the prosecution. He was joined in defense by Hayley Neubauer Gregory was still presumed innocent.

He also told us our job was not to like Gregory because he was not likeable. In fact, this case was icky. The defense attorney seemed to have a jovial, smirking attitude that made me wonder why he was here defending the suspect.

The first witnesses

Marcantonio laid out for the jury that Gregory had posted to a Facebook Page that he was looking to talk to 12 to 16 year old girls in North Tonawanda.

The first witness was a mother who saw that posting, and had engaged with him over Messenger.

She engaged with him like an angry, protective mom. I only remember one element of the exchange where she told him “I will cut your balls off.”

I have no doubt she was capable of it and might be doing the world a favor.

The next witness, unknown to the first, was another North Tonawanda mother who saw the screenshots on Facebook and contacted a North Tonawanda cop she knew, dog control officer Rick Salisbury. Asked why she reported the messages I think she said she was a mandated reporter because in addition to knowing Salisbury because she runs a cat rescue out of her home she runs a daycare.

Salisbury was sworn in and testified briefly about his role as DCO, how he became aware of the alleged crime and what he did next which was to turn over what he knew to Yani Malamas.

Without those two witnesses doing the right thing, Gregory might be out there still looking to molest Alexis Jones who doesn’t really exist.

Yani Malamas

Malamas works in the special victims unit of the North Tonawanda Police Department. The next three witnesses, Malamas, Det. Lt. Timothy Bakula and Capt. Michelle Day would be key to the case.

Malamas told us after he became aware of Gregory’s postings in January of 2025, he created a Facebook profile in the name of Alexis Jones, populated it with plausible photos culled from the Internet and began randomly adding friends. After he had a few hundred, he added Gregory.

“Alexis” then messaged Gregory. The exchanges would go on for two months, quickly being escalated by Gregory into dirt talk, even after he knew Alexis was 12 and he said he was 32.

Over two months, Gregory texted who he thought was a child, more than 1,500 times.

Two books were entered into evidence for the jury with Malamas discussing how he downloaded them and how the conversations were oriented.

The blizzard of messages was bewildering.

About technology and guns

The courtroom was recently remodeled. It still has the stately bench and cabinetry behind the judge as well as traditional oak woodwork.

It also has a great sound system with 6 video screens on pedestals for the jury and large flatscreens on the wall for the gallery.

The room even had some sort of audio set up so that if Judge Caroline asked the attorneys to approach the bench, the court reporter could put on headphones and keep typing because the headphones picked up the sound and yet, we as a jury could not hear a thing.

There were four cameras on the wall behind the judge but I have no idea why.

Those court officers were all armed like road patrol. Another interesting point is that all 3 officers who testified were righthanded. Even though they were in plainclothes, each carried a service weapon on the right hip. Nothing sinestra here.

About those messages

When evidence is presented to the jury it is said to be “published.”

Liesel published the Facebook messages to us, one painful page at a time. Her impeccable French manicure was on display as a testament to a salon I will likely never visit. We saw it on the high-def screen in front of us.

Kidding aside, the technology worked as it should, even in the minutiae where Judge Caroline, the defense and prosecuting attorneys were able to see what was to be published to the jury before we saw it.

Malamas read messages to us and talked about the process of our investigation. Every day, he would come to work, log into Facebook as Alexis and find multiple new messages. He would always respond with text speak appropriate for a 12-year old, LOL, HBU and more.

As time passed, the exchanges got dirtier until building to photos I will never forget and would prefer not to see again.

From the beginning, Gregory kept enticing Alexis to meet.

He even sent messages acknowledging the pictures were illegal and boasting he was smart enough the police would never catch him.

The takedown

Eventually, Malamas described how Gregory agreed to meet Alexis at an apartment in North Tonawanda.

The first time he agreed to meet, there were jumbled messages involving money and life and a last minute cancellation.

Messages following the cancellation were filled with redactions. Judge Caroline had told us not to speculate about what redaction might mean.

Gregory rescheduled. He took a Medicaid cab from Clarence to DeGraff Memorial Hospital before walking to Fast Stop on Oliver Street to purchase an energy drink.

Malamas, in my recollection, spoke mostly about the messages and the actual takedown, not video interviews we would view later.

After DeGraff, Gregory walked to Faststop, bought the energy drink and was welcomed into the building at 100 Oliver St. where police had procured a vacant apartment.

His new best friend, posted as a civilian, Chief of Detectives Capt. Michelle Day, a real life Wonderwoman, held the door open for him to enter the lair.

Gregory crossed the lobby to the stairs and ascended to the second floor. Then he made another mistake. He knocked on the door. One floor up Det. Timothy Bakula was waiting. His involvement at this point was ancillary, like that of Capt. Day. Inside the apartment were Alexis (who never really existed), Malamas, and an officer from Homeland Security.

They took him to the ground and into custody. The officers, with their prey in custody, were shown to the jury via a still culled from a body cam.

Det. Timothy Bakula

Bakula testified about his duty on the day of the takedown and his interview room interaction with Gregory.

He waited in the stairwell on the 3rd floor of the apartment building.

Bakula, Malamas and Day took turns interviewing Gregory. Bakula’s role was important because of his interaction with the suspect in the interview room.

Capt. Day

Capt. Michelle Day was the last officer on the stand. She looked professional, obviously fit, sincere and professional.

She conducted the bulk of the interview with Gregory, slowly and expertly drawing details out of him in the interview room as Bakula and Malamas also took turns.

We watched the video of the interview as Gregory shared details of his life, how he texted with Alexis and what he had done.

Day even brought him down the road of discussing kidnapping and murder, likely a technique to get Gregory to admit he hadn’t considered those crimes, just sex with a 12-year-old.

During breaks in the video, and the interview with Day, Gregory appeared to be touching himself. It was bizarre.

The prosecution rested. The defense presented no witnesses.

Closing statements

Marcantonio put together a Powerpoint for her closing statement, laying out each element of the crimes that had been committed.

The defense didn’t present a closing statement.

The jury heard instructions from Judge Caroline, about the charges, and how deliberations would work. She laid out the elements of the law and difficult concepts like the meaning of “attempt”.

It was a bit confusing to be asked to conclude Gregory “attempted” to rape Alexis even if the child never existed.

Deliberations

The jury was led back to its room at the end of the day. In our deliberation room, we had evidence, as in the transcripts of Facebook messages, as well as envelopes, a verdict sheet and notes in case we had questions for the judge.

I sat quietly. One juror spoke up.

“I think he is guilty,” he said. “Does anyone here disagree.”

No one disagreed.

I said “On the sending photos, there is no way to deny it and nothing to debate. As for the attempted rape, he could have chickened out. If he went to Oliver Street and even entered the apartment building I would have an issue. When he went to the apartment and knocked on the door expecting Alexis to be within, he crossed the line.”

One juror spoke up.
“I am going to have trouble sleeping tonight if I don’t better understand the ‘attempt’ part” she said.

The jurors were all supportive of her. We agreed to send a note to Judge Caroline. “Can you please review the legal definition of ‘attempt’ for us.”

I put it in the envelope and opened the door to hand it to the court officer guarding us. He immediately reprimanded me for not knocking and letting him open the door. It was as bad as the first time we were sent to our room before lunch and a juror immediately escaped into the courthouse rotunda. The court officer chased him down and brought him back.

Making the jury wait before leaving was a way to make sure public space was clear of attorneys and the defendant.

Judge Caroline brought the jury back to the courtroom, told us she would answer our question in the morning and sent us home for the night, ordering us to return at 9 a.m.

Unanimity

We returned Thursday morning. Everyone was on time. Everyone was on time during the entire process, I believe out of respect for the court. After the requisite waiting period while the judge, suspect and attorneys got set up in the chambers, we headed into the courtroom.

Judge Caroline reviewed the legal definition of “attempt.” The bottom line was there was no need for Alexis to exist in the real world in order for Gregory to be convicted of attempting to rape Alexis.

We returned to the jury room. The woman who had the question from the previous day gave magnanimous thanks to all of us for having validated her concerns rather than being dismissive. We polled the room again. No one hesitated. I wrote the verdict on the sheet, put it in the envelope and knocked on the inside of the door to hand it to the court officer, avoiding a reprimand.

5 minutes later, the court clerk was in our room with the verdict sheet. We were supposed to send a note saying we have a verdict before being called back into the courtroom. Yep, I goofed up again.

“Oops. Sorry. I had one job and I screwed it up,” I said to the clerk.

“NBD,” she said, walking out. (No big deal)

I filled out the note, and we followed proper procedure and we headed back into the courtroom to render our verdict.

Judge Caroline informed us that during the trial, we had been admonished from speaking about the trial, the suspect or anything related to the case. She told us moving forward, there was nothing in the law that precluded us from sharing our experiences.

She let a journalist on her jury so I don’t feel badly sharing this even if I didn’t mention my avocation during selection.

After the deluge

In the jury room, before we left, we had visitors. Judge Caroline was first. She thanked us for our service and admitted it was an easy case but a difficult one.

She didn’t seem surprised by the outcome. She was approachable, nice and gracious. You can’t fake that. I couldn’t imagine, as a layman, a way to improve her courtroom, and process. The judge is like a referee striving to be just to both sides. After Judge Caroline departed, all four attorneys filed into the jury room to share their thoughts.

She asked if we knew, as a jury, that Gregory was incarcerated. We all had assumed so because of the presence of the deputy who was uniformed differently that the court officers.

We were told Gregory rejected a plea deal which would have given him a 7-year sentence. Also, he is facing federal charges for using the internet in his attempt to have sex with a minor.

He also may be facing additional local charges for touching himself in the interview room at North Tonawanda police headquarters.

We learned from the Pynn that the redacted messages after the first cancellation pertained to Gregory having spent his money on methamphetamine. Some of us had likely guessed as much because it is human nature even when told to not consider redacted evidence.

Gregory was a sad character. He could have testified on his own behalf but it would have likely changed nothing. Even his Facebook page gave a hint at a rough life. He listed his alma mater as Wyndham Lawn, a juvenile detention facility.

I asked Pynn if an insanity defense was a consideration or that was just something we see on TV. He said it was a consideration but such a defense is very complicated and hard to prove. He also said he considered a defense related to anecdotal side effects from a drug Gregory takes for restless legs syndrome. It could be a possible cause of his conduct but his history and upbringing likely played a greater role so Pynn didn’t think it was worth the effort.

He came across as much more sincere and likeable but also left me pondering things from an empathetic viewpoint. He has an impossible task. How do you defend the indefensible? Especially when the accused is someone as shaky as Gregory.

There didn’t seem to be anyone in court supporting Gregory, just people with a purpose. I am guessing law students.

Liesel said in her estimation, Gregory was only on trial rather than taking a plea because he wanted to be fussed over.

After the attorneys left, the jury sat and chatted. It was an amiable lot, a crew thrown together with a common purpose. We could have just as easily gathered to drink beer or watch a Sabres game.

After about 10 minutes, Marcantonio stuck her head back in the room and said “you know you are free to go, right?”

We all laughed hard because, until she told us, no one knew.
In the end, I was glad I served. The case was icky but at least it was quick. We got to see how the court system works and to admire the professionalism of all involved. It is a complicated system but, in the end, as fair as possible.