Laken Riley murder: Bench trial for Jose Ibarra will begin Friday morning

ATHENS, Ga. - Jose Ibarra, who is accused in the killing of Augusta University nursing student Laken Riley on the University of Georgia campus in Athens, appeared for a pretrial hearing Tuesday morning in Clarke County. Ibarra is charged with multiple offenses, including malice murder, related to the death of the 22-year-old student.

During the pretrial hearing, Ibarra's attorney informed the court that Ibarra is waiving his right to a trial by jury and is requesting a bench trial instead. 

Superior Court Judge H. Patrick Haggard approved Ibarra's waiver after Ibarra, 26, told the judge through a translator that he understands he can't go back and change his decision.

The judge then informed the court that the trial will begin at 9 a.m. Friday. 

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. 

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. 

Riley's name was mentioned often on the campaign trail by Republicans during the 2024 presidential election. Ibarra reportedly illegally entered the country in El Paso, Texas, in 2022. After spending time in New York, he made his way to Athens to live with his brothers. 

The attack appears to have been random. Authorities have not discovered any connection between Riley and Ibarra. 

RELATED: Progressive prosecutor in county where Laken Riley was found dead at hands of illegal migrant loses reelection

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.

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Jose Ibarra requests bench trial: Attorney gives persecive

"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."

"You're gonna see perhaps less courtroom choreography. I mean there's just a presentation, whether you're a prosecutor or a defense attorney, that you, sort of, do for a jury to have more of an effect," she added.

Jury selection in the case was originally set to begin on Wednesday.