Laken Riley murder: Jose Ibarra's trial set to begin Friday
ATHENS, Ga. - 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 start on Friday with opening statements in an Athens courtroom.
Ibarra, who faces multiple charges including malice murder, won't have his fate decided by a jury. Earlier this week, he waived his 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 College of Nursing student in the head, asphyxiated her and intended to sexually assault her. They have chosen not to seek the death penalty, but they said in a court filing that they intended to seek a sentence of life in prison without the possibility of parole.
Riley’s body was found on Feb. 22 near the running trails at Lake Herrick on the UGA campus after a friend told police she had not returned from a morning run. Police have said her killing appeared to be a random attack. Ibarra was arrested the next day and is being held in the Athens-Clarke County Jail without bond.
Jose Ibarra in court
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Ibarra is charged with one count of malice murder, three counts of felony murder and one count each of kidnapping, aggravated assault, aggravated battery, hindering an emergency telephone call, tampering with evidence and being a peeping Tom.
Prosecutors say that on the day of Riley’s killing, Ibarra peered into the window of an apartment in a university housing building, which is the basis for the peeping Tom charge.
Laken Riley
The case has attracted national attention after it was discovered that Ibarra and his brothers, who are from Venezuela, were in the country illegally at the time of Laken Riley's murder.
What is a bench trial?
During a bench trial, the judge both acts as the finder of fact and rules on matters of law and procedure. Some defendants and counsel believe that a judge will be less emotionally swayed by certain evidence than would a jury. However, a disadvantage is that the judge knows the law much better than a jury and less likely to ignore evidence.
A bench trial is also faster and less expensive than a jury trial.
"I've had this happen 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 can chose bench trials when they are concerned about finding an impartial jury.
"Somebody's life is on the line, in terms of, they could go to jail for the rest of it. You really want it to be decided on the evidence and not on emotion," she said. "It also changes your opening argument. It changes some of the questions you might be asking witnesses, you know, depending on the jury or the objections that you're going to raise."
Judge rules evidence could be used, denied request to move trial
Laken Riley Murder: Ibarra waives jury trial
Jose Ibarra, the man accused of murdering nursing student Laken Riley on the campus of the University of Georgia, has reportedly waived his right to a trial by jury. Instead, he'll stand a bench trial, which means his fate will be in the hands of Judge Patrick Haggard.
Over the past several months, there have been numerous motions filed in this high-profile case.
In September, Ibarra’s defense attorneys submitted a motion to suppress certain evidence collected after Riley’s death. The defense argued that some evidence was obtained unlawfully. 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 executed properly.
The judge also ruled that the cellphone seizure fell under the clause in the search warrant that "[a]ny item or article that could be used in the commission of the crime." He also wrote in his opinion that the date was not overly broad as September 2022 was when the FBI believes the brothers entered the United States illegally.
Last month, the judge denied a request by the defense to move the trial outside of Athens-Clarke County. The defense cited the extensive media coverage would make it difficult for Ibarra to receive a fair trial and that the jury pool might be inherently biased.
While the judge conceded this is a high-profile case, he added that news of the case has reached all across Georgia and even made national news. He said widespread pretrial publicity alone does not automatically justify a change of venue.