By Samuel Rubenfeld
A New York judge set jury selection for Monday in the trial of
Sergey Aleynikov, a former Goldman Sachs Group Inc. programmer
charged with the alleged theft of the investment bank's secret
computer code.
Judge Daniel Conviser made the decision Wednesday after
rejecting a request by prosecutors to delay the trial due to a lack
of readiness and witness availability. The judge, in making the
decision, said the responsibility for the lack of readiness falls
on the Manhattan District Attorney's office and that the delay to
April 6, instead of the scheduled start date of Wednesday, was a
"compromise."
Kevin Marino, a lawyer for Mr. Aleynikov, had called the
government's request "outrageous."
Later, the prosecutor apologized. "That is my fault. We are not
ready to proceed to jury selection and bringing witnesses," said
David Holmes, assistant district attorney.
Mr. Aleynikov was initially arrested and charged by federal
authorities in 2009 for allegedly stealing Goldman's secret
high-frequency-trading computer code. He was convicted in 2010,
imprisoned for a year, acquitted on appeal, and then rearrested on
state charges in 2012.
Mr. Aleynikov has the denied the charges and pleaded not
guilty.
Mr. Marino read out a transcript from a December hearing in
which prosecutors had proposed an April 1 trial date.
"This is the biggest thing in this man's life," said Mr. Marino,
adding that his team was ready to begin defending its client. "This
has been going on for six years."
Write to Samuel Rubenfeld at samuel.rubenfeld@wsj.com
Access Investor Kit for The Goldman Sachs Group, Inc.
Visit
http://www.companyspotlight.com/partner?cp_code=P479&isin=US38141G1040
Subscribe to WSJ: http://online.wsj.com?mod=djnwires