Erie County District Attorney Frank A. Sedita, III announced that 32 year old Nicholas E. Carducci of 91 Pomona Street, Buffalo, was found guilty, as charged, of Burglary in the Second Degree, after a two week jury trial before Acting County Court Judge E. Jeannette Ogden of Burglary in the Second Degree. This is the highest charge Carducci faced at trial.
On November 29, 2011, Carducci was found in the midst of a residential burglary by the homeowner. The homeowner, while carrying her four year-old son, ran to her neighbor’s home for help. The Lancaster Police quickly responded to a 911 call and caught Carducci as he fled the scene in his vehicle.
Carducci was represented at trial by defense attorney Mark A. Sacha.
Knowing that the prosecution could not tell the jury of Carducci’s extensive criminal history, which includes a 2004 conviction for another residential burglary, Mr. Sacha made the following claims and accusations: (1) that the defendant broke into the victim’s home because he was looking for a job (2) that the victim was hysterical and jumped to conclusions (3) that the defendant’s arrest and prosecution were the result of police and prosecution incompetency (4) that the Lancaster Police Department framed an innocent man and (5) that the Erie County District Attorney’s Office destroyed evidence in the course of prosecuting an innocent man.
The jury rejected Mr. Sacha’s litany of uncorroborated claims and collectively and unanimously convicted the defendant. Mr. Sacha demanded that each juror be asked to individually attest to their verdict; the jurors then individually and unanimously convicted the defendant.
Special credit is given to Detective Thomas Bulera and Lt. Patrick Young of the Lancaster Police Department, as well as to ADA Justin Wallens who was made to endure defense counsel’s baseless yet endless attacks upon the competency and integrity of both the police and prosecution.
Sentencing is scheduled for March 5, 2013 at 9:30 a.m. before the Hon. E. Jeannette Ogden when Carducci could receive the maximum prison sentence of 15 years. As a second violent felony offender Carducci will face a minimum sentence of seven years.