The Digital Collegian - Published independently by students at Penn State NEWS
[ Tuesday, Sept. 27, 2005 ]

Drug suspect opts for trial by jury

Collegian Staff Writer

A New Jersey man charged with 38 drug-related offenses chose to withdraw his application for a non-jury trial during a pretrial conference yesterday.

Taji Lee of Newark, N.J., is accused of being involved in the three-year sale of $1.5 million worth of heroin and cocaine in Centre County.

He made a pretrial application Sept. 15 to have his trial heard before a judge, instead of the traditional method of a trial by a jury of peers.

Lee said that as a black man, he didn't think he could receive a fair trial in a mostly white county.

"In a trial by judge, I thought it wouldn't be a race issue," Lee said.

Yesterday, after 15 minutes in a conference with his lawyer and listening to Judge Charles Brown explain the differences between a jury trial versus a non-jury trial, Lee said at this time he wants a jury trial.

Brown explained the process the court would go through to select a jury, emphasizing that Lee and his attorney, Ronald McGlaughlin, would have some input in the makeup of the final 12 jurors.

A non-jury trial, he said, gives the judge sole authority to decide if he or she is convinced beyond a reasonable doubt that the defendant is guilty.

"When the judge makes a decision, that is the decision of the court," Brown said, referring to a non-jury trial. "I don't decide on what I think those 12 jurors would do."

Brown said that if Lee changes his mind before his trial date, he still has the option to make another application for a non-jury trial, but it has to be approved by the court and the prosecutor.

Pennsylvania Senior Deputy Attorney General Mike Madeira said pretrial conferences exist to ensure the defendant understands his rights.

"We are just making sure he understands all the issues," he said.

Jury selection is scheduled to begin Oct. 3 or Oct. 4; court administrators will confirm the date today.

Another pretrial conference to discuss a bail reduction and dismissal of four counts of possession with intent to deliver will be heard at 8:30 a.m. Oct. 11.

McGlaughlin reintroduced the motion to reduce Lee's bail because there was a delay in conducting his preliminary hearing, and that delay should not affect Lee's right to a speedy trial.

Lee remains in Centre County Prison on $1.5 million bail.

An initial bail reduction request was denied Aug. 10 by Judge Thomas Kistler.

McGlaughlin said he petitioned to dismiss four charges of possession with intent to deliver because the state's case is based solely on the testimony of Lee's co-defendants.


 



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