Jury selection in the trial of Nicholas D’Angelo, a Niagara Falls attorney facing a dozen criminal sex crime charges, did not begin on Monday.
With State Supreme Court Justice Richard C. Kloch Sr., who is assigned to D’Angelo’s case, currently presiding over the closing stages of a high-profile murder trial, a spokesperson for Erie County District Attorney John J. Flynn, whose office is acting as a special prosecutor in the matter, confirmed on Friday that the Falls’ attorney’s case will be delayed.
The spokesperson said D’Angelo is now scheduled to appear before Kloch on Aug. 25 for arguments “on motions.” The nature of the motions was not immediately identified.
D’Angelo, 27, has pleaded not guilty to a 12-count grand jury indictment that accuses him of multiple rapes and sex crimes and patronizing an underage prostitute. The indictment was handed up by a Niagara County grand jury, which heard evidence presented by Assistant Erie County District Attorney Lynette Reda, who is acting as the special prosecutor in the case on behalf of Flynn’s office.
Flynn’s office was assigned the case in October, after then-Niagara County District Attorney Caroline Wojtaszek recused herself from an investigation triggered by a civil lawsuit filed against D’Angelo. Wojtaszek, who was elected as a Niagara County Court judge in November, asked for the appointment of a special prosecutor in the matter because D’Angelo worked as a “volunteer” on her judicial campaign.
The indictment charges D’Angelo with one count of first-degree rape, two counts of first-degree criminal sexual act and a single count of second-degree unlawful imprisonment in connection with a woman identified as “Victim 1.” The crimes are alleged to have occurred in fall 2016.
He also faces one count of first-degree criminal sexual abuse in connection with a fall 2018 incident involving a woman identified as “Victim 2.”
And he’s charged with two counts of third-degree criminal sexual act, two counts of third-degree rape and three counts of third-degree patronizing a person for prostitution in connections with encounters between August and October 2019 involving a woman identified as “Victim 3”, a prostitute who was under the age of 17 during her first two meetings with D’Angelo and who the special prosecutor said had just turned 17 before her last meeting with him.
Reda has described the evidence in the case as “extremely disturbing.”
D’Angelo has steadfastly denied the allegations and has said that he intends to “take his case to a jury.”
If he were to be convicted on all 12 counts in the indictment, D’Angelo would face a potential prison term of 35 years.