Alleged nature of Duanesburg killings appears to slow jury selection

Nelson Patino jury stands at 9 people

Nine jurors have selected as of Friday morning in the trial of Nelson Patino, accused of attacking and killing his wife and son.

Patino was seated in a suit and appeared to have a translator in the courtroom. 

The fact that the case involves alleged horrific acts against children appeared to complicate jury selection, with many of the potential jurors flagging the issue as a reason they could not be unbiased.

Judge Matthew Sypniewski advised jurors to expect a level of emotional impact due to the content in the case.

The Duanesburg father is accused of stabbing and killing his wife, 37-year-old Alexandria Bustamante Gomez and 5-year-old son Jacob Patino in at their home on Duanesburg Road in 2021. His 2-year-old son survived the attack. 

The Times Union was first to report that Patino’s defense attorney, Michael McDermott, would blame COVID-19 as the cause for psychosis that led the defendant to kill his wife and young son. McDermott told NewsChannel 13 he planned to call a psychiatrist to testify about hallucinations that led to the killing.

Experienced local defense attorney Paul Derohannesian said psychosis defenses are quite difficult, and that it shifts burden onto the defense. 

Derohannesian explained that even if Patino is found not responsible for the crime, he would not walk out a free man. He said the case would be taken outside the penal system, and Patino would likely be institutionalized.