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Publicity Of Haffa Trial Raised By Defense, Prosecution

MAYVILLE — The amount of publicity in the trial of a Cheektowaga man accused of attempted murder of a Chautauqua County sheriff’s deputy was discussed in Chautauqua County Court on Wednesday.

Concerns were discussed by District Attorney Patrick Swanson and Public Defender Ned Barone in the retrial of Justin Haffa. Both Swanson and Barone noted the amount of media attention the case has received and that it might impact a jury.

Swanson also criticized Barone for recent comments he made to the media regarding the collection of evidence and material used during the first trial.

Haffa is facing charges of first-degree attempted murder, first-degree robbery and aggravated assault on a police officer. Haffa, who is being represented by the Public Defender’s Office, pleaded not guilty when arraigned last year. Police say the Cheektowaga man became combative with a sheriff’s deputy on Sept. 11, 2016, after he crashed his vehicle on Route 60.

Haffa was being administered a field sobriety test at the time of the incident. He fled the area but was later taken into custody.

County Court Judge David Foley granted Barone a mistrial shortly after the prosecution rested its case after it came to light that the defense had not received DNA evidence collected and tested. A report of the evidence was discussed at trial.

On Wednesday, Swanson expressed concern about jurors being aware of the mistrial and how that might impact their opinion.

Foley maintained he wants to be fair to both the defense and prosecution. He said he would need to research whether or not the mention of the mistrial should be omitted in future court proceedings, but emphasized that the reason for the mistrial should not be discussed with potential jurors.

The defense also asked Foley to again advise potential jurors that questions asked during pre-trial interviews may be brought up during trial and that opinions shouldn’t developed based on the questions.

Foley said his goal was to be “fair to the people and to the defense.”

If convicted, Haffa could face 25 years to life in prison. Haffa rejected a plea deal of 17 years before the first trial began in September.

Six jurors were seated Wednesday for the retrial with jury selection resuming today at 9:30 a.m. in Mayville.

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