....in New York since the last time I served, when you got called for Jury Duty you weren't in the pool for any specific trial. You just went into a general jury pool and would then (perhaps) be called on to be a potential juror for a trial. If you got rejected twice, you were released. So in this case, once the victim failed to show up for jury duty, there would have been no chance of this happening.
Actually, that question is moot, since he won't be showing up: Murder victim called for jury duty on his alleged killer's trial:
A Delaware County man who prosecutors say was killed by his father-in-law was called for jury duty in his alleged killer's murder trial.
A court clerk says Scott Borton's name was listed in the jury pool for the first-degree murder trial of Roger Lee Lawrence. Jury pools are taken from a list of people with drivers licenses and court officials say Borton's name was drawn at random.
I think they'd better get a little less random in the future...