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Jury seated in Devon Callicutt murder trial

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Albany/HV: Jury seated in Devon Callicutt murder trial
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A jury has been seated for the Callicutt Murder Trial. Ten women and two men will decided Devon Callicutt's fate as the trial gets underway. Our Solomon Syed joined us from the courthouse with more on the latest developments.

ALBANY, N.Y. -- A full jury has been seated in the murder trial of Devon Callicutt. The 20-year-old is accused of fatally shooting UAlbany student Richard Bailey in October 2008.

The jury consists of 10 women and two men, along with four alternate female jurors.

The fourth day of proceedings got underway with new motion from the prosecution. Chief Assistant District Attorney David Rossi motioned to have the first two counts of the indictment against Callicutt amended. Those are the most serious charges of first- and second-degree murder. He said portions of the two counts are inaccurate.

The first-degree murder charge read that Callicutt caused the death of Richard Bailey "in the course of committing and in the furtherance of the crime of robbery," but Rossi said should read "the crime of attempted robbery" because that's the charge in the third count of the indictment.

The second-degree murder charge reads, "Devon Callicutt did cause the death of Richard Bailey," but Rossi said it should read, "Devon Callicutt or another participant caused the death of Richard Bailey."

Typically such mistakes are treated as minor, but Rossi is likely trying to prevent them from being an appeal issue.

Callicutt is accused of shooting Bailey during an attempted robbery in October 2008. King Modest, 18, and Ricardo Caldwell, 19, have pleaded guilty to attempted first-degree robbery and are expected to testify against Callicutt at trial.

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