NORWICH – Accused murderer George Ford Jr. waived his right to a jury trial and has instead elected to place his fate in the hands of the judge.
Defense attorney Randel Scharf of Cooperstown told the court Thursday evening, “he’s absolutely certain he wishes to waive his right to a jury trial.”
Scharf said the decision came after hours of discussion and months of consideration.
Ford, 43, originally of Piscataway, N.J., was arrested July 8, 2007 after he arrived at Chenango Memorial Hospital with the body of his 12-year-old baby-sitter, Shyanne A. Somers of South Otselic.
Ford claimed he accidentally ran over the girl five hours earlier with his 2004 Ford pick-up as he attempted to turn his truck around.
In August of that year, police charged Ford with second degree murder after they discovered a GPS tracking system in the bed of his truck they said contradicted the story he gave investigators. The device was placed there unknown to Ford by his wife, who said she was concerned he was having an affair.
At the hearing yesterday, Broome County Court Judge Joseph F. Cawley reviewed Ford’s rights to a jury trial in open court and asked him directly to affirm the request made by his lawyer.
“Do you understand sir that I essentially become the judge, not just of the law, but the facts of the case? I will be the jury,” he said.
Cawley approved the move and had Ford sign documents confirming his position.
First Assistant District Attorney Stephen M. Dunshee, who represented the DA’s Office in court yesterday, said he was “surprised” by the defense’s move, but understood their desire to avoid a jury.
“Due to the horrific nature of the crime, Mr. Ford has decided to avoid a jury,” he said.
Scharf said he had no comment following the hearing.
District Attorney Joseph A. McBride, who is at a conference in New York City, said in a telephone interview Friday that the decision would not impact how he would present his case, saying only, “It is the defendant’s right to seek a bench trial and the people have no right to object.”
The aim of yesterday’s hearing was to address the prosecution’s concern over the defense presenting expert witness testimony at the trial without giving prior notification.
Scharf said he was employing the same defense team he had used in the murder trial of Peter M. Wlasiuk, referring to his accident reconstruction consultant and private investigator.
Scharf again plans to use retired New York State Trooper Dale J. Leonard, who operates his own accident reconstruction consultant firm, and another former State Trooper, private investigator David Beers. Beers worked for the New York State Troopers for 17 years until he was fired for evidence tampering in June 1994.
Although some of his fellow troopers faced jail time, Beers was found not guilty on all charges against him by two different juries in two criminal trials in Broome and Tioga counties.
Scharf said neither men would be offering opinion based expert testimony at the trial.
“I don’t care if he does or not, your honor. I just want notification and any reports that may be presented,” said Dunshee.
Scharf also said in court that he had handled two prior murder cases involving bench trials.
Ford will again appear in court Monday at 8:45 a.m. for another hearing before his trial begins Feb. 2. Jury selection was scheduled for that day, but Cawley said the court would instead hear opening arguments and begin the bench trial immediately.
Ford is currently being held at the Chenango County Correctional Facility without bail.