Does anyone know how the decision is made to try someone by judge or jury?

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Hello Kandi,

I hope this will help. I provided the link as well.

The defendant often has the legal right choose between a jury or bench trial.  When a defendant wishes to request a bench trial, they must do so formally in writing at the appropriate time.  For a bench trial to be granted, as requested by a defendant, the court must approve.  A court will refuse a bench trial request if they feel it has been chosen to create an impermissible advantage.  When considering the right to waive a jury trial, a defendant should discuss the benefits and drawbacks of a bench trial with their attorney.

http://www.criminal-law-lawyer-source.com/terms/bench-trial.html
Thank you, Jennifer.  I'm assuming that his defense team will want a jury.  It's so sad that the killer has all the rights and the victims have none

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