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Laken Riley murder: Jose Ibarra’s trial is set to begin Friday
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Laken Riley murder: Jose Ibarra’s trial is set to begin Friday

The murder trial of Jose Ibarra, the man accused of killing Augusta University nursing student Laken Riley on the University of Georgia campus in Athens, will begin Friday with opening statements in an Athens courtroom.

Ibarra, who faces multiple charges, including malice murderhe will not have his fate decided by a jury. Earlier this week, waived the right to a jury trial, meaning his case will be heard and decided by Athens-Clarke County Superior Court Judge H. Patrick Haggard.

Prosecutors are expected to try to prove that Ibarra hit the 22-year-old Augusta University student in the head, choked her and intended to sexually assault her. They chose not to seek the death penalty, but said in a court filing that they plan to seek a sentence of life in prison without the possibility of parole.

Riley’s body was found Feb. 22 near the Herrick Lake running tracks on the UGA campus after a friend told police that he didn’t come back from a morning run. Police said her killing appeared to be a random attack. Ibarra was arrested the next day and is being held in the Athens-Clarke Jail without bond.

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Ibarra is charged with one count of malicious murder, three counts of felony murder and one count each of kidnapping, aggravated assault, aggravated assault, obstructing an emergency telephone call, tampering with evidence and being a Tom with the look

Prosecutors say that on the day of Riley’s murder, Ibarra looked out the window of an apartment in a university housing building, which is the basis of the charge that Tom forgot.

The case drew national attention after it was discovered that Ibarra and his siblings, who are from Venezuela, were in the country illegally at the time of Laken Riley’s murder.

What is a bench trial?

During a trial, the judge acts both as a fact finder and on matters of law and procedure. Some defendants and lawyers believe that a judge will be less emotionally swayed by certain evidence than a jury. However, a disadvantage is that the judge knows the law much better than a jury and is less likely to ignore the evidence.

A bench trial is also faster and less expensive than a jury trial.

MORE: The progressive district attorney in the county where Laken Riley was found dead by an illegal immigrant is losing re-election

“This has happened to me a few times, especially in criminal cases where something is potentially politically charged,” said Jessica Cino, an attorney and partner at Krevolin and Horst.

Cino, who has no affiliation with the case, said defendants may choose bench trials when they are concerned about finding an impartial jury.

“Someone’s life is on the line, in terms of, they could go to jail for the rest. You really want them to make their decision based on evidence and not emotion,” she said. “It also changes your opening argument. It changes some of the questions you might ask the witnesses, you know, depending on the jury or the objections you’re going to raise.”

The judge rules the evidence could be used, the request to move the trial rejected

Over the past several months, numerous motions have been filed in this high-profile case.

In September, Ibarra’s defense attorneys filed a motion to suppress certain evidence collected after Riley’s death. The defense argued that some evidence was obtained illegally. However, a judge ruled last week that evidence, including fingerprints found on Ibarra’s phones, could be used in court, confirming that the search warrants were properly executed.

The judge also ruled that the seizure of the cell phone fell within the search warrant’s clause that “(o) any article or article likely to be used in the commission of the crime.” He also wrote, in his opinion, that the date was not too broad because September 2022 was when the FBI believes the brothers entered the United States illegally.

Last month, the judge denied the defense’s request to move the trial out of Athens-Clarke County. The defense noted that extensive media coverage would make it difficult for Ibarra to receive a fair trial and that the jury could be inherently biased.

While the judge acknowledged that this is a high-profile case, he added that news of the case has reached across Georgia and even made national news. He said that widespread pretrial publicity alone does not automatically justify a change of venue.