Jury Selection to Begin Monday in Former Goldman Programmer Case -- Update

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 [e-mail]

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