DELHI _ Jury selection was under way Monday, Oct. 26, in Delaware County Court in the trial of a Hamden couple charged with allegedly attempting to collect on a fraudulent insurance claim.
Kenneth J. Pike, 46, and his wife, Michelle R. Pike, 47, are each charged with a D felony count of third-degree insurance fraud. The charge carries a prison sentence of 2 1/3 to 7 years, according to Delaware County District Attorney Richard Northrup.
Delaware County Judge Carl Becker said the trial is expected to last about four days. He said a 12-member jury would be seated to hear the case.
According to court records, the fraud charge stems from an incident June 20, 2008, and involves property valued in excess of $3,000.
Bill Andrews, special prosecutor and assistant Delaware County district attorney, said there is a $25,656 sanction against the Pikes, but no money was paid by the insurance company.
Andrews offered the Pikes a plea deal in January in which they could plead guilty to attempted insurance fraud _ a misdemeanor charge _ and would face no fine, jail time or probation.
Andrews said if the Pikes acknowledged the charge, the insurance department would forgo any sanction.
The Pikes' attorney, Frederick Neroni, turned down the offer. Neroni said there was only an attempt and there was no money missing, so "there is no crime." The Pikes argued that their oral statement given to the insurance investigator was transcribed on a computer and printed out but not signed by them and was therefore not voluntary.
Judge Donald Cerio originally presided over the case and ruled that he would not find evidence to the Pikes' assertion that they did not voluntarily give a statement.
During a hearing in January, Andrews called Kevin Winton, an insurance investigator from New York Central Mutual, as the only witness.
Winton said he was investigating a claim by the Pikes that a June 19, 2008, lightning strike caused extensive damage to electrical appliances and devices in their home. The Pikes filed an insurance claim on June 20, 2008.
Winton said Michelle Pike claimed that after a lightning strike to a nearby tree, she went to turn off an electric device and was rendered unconscious.
Winton said he had concerns about the claim and went to the Pikes' home Oct. 15 to question them. He said he typed their answers into a computer and then printed out the four-page document.
After reviewing the questionnaire, the Pikes refused to sign it and indicated they were going to speak to legal counsel.
Neroni said the wording on the questionnaire indicted it was the official claim, but he contended that because the Pikes never signed it, no claim was ever filed.
After the January court appearance, Michelle Pike said they did not sign the form because when they read it, they realized it was not accurate.
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Patricia Breakey can be reached at 746-2894 or at stardelhi@stny.rr.com.
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