Jury Trial

The man accused of strangling La'Toyia Figueroa, the 24-year-old pregnant West Philadelphia woman whose disappearance became a cause celebre, waived his right to a jury trial yesterday. With that, testimony began in the trial of Stephen Poaches, 27, of West Philadelphia, who faces two counts of murder and related offenses in the July 18, 2005, deaths of Figueroa and her unborn child. Poaches was the father of the child and Figueroa's former boyfriend. Michael Coard, Poaches' lawyer, said in a telephone interview yesterday that he and his client always wanted a trial by judge alone, not jury, because of the "legal niceties" involved in the case that a judge would probably better understand.

Broadening a controversial decision he made earlier this year, a Burlington County judge ruled this week that an accused drunken driver has a right to a jury trial even if the driver is only a first offender. Superior Court Judge Martin L. Haines wrote in an opinion released yesterday that the penalties drunken drivers face are serious enough to require a jury trial, even if these trials are more time-consuming and expensive than the nonjury municipal court trials that take place now. Haines had earlier ruled that only second offenders had a right to juries.

A 17-year-old Chester boy accused of participating in the August shooting death of a former Chester High School cheerleader is scheduled to go on trial in Delaware County Court this week on a charge of first-degree murder. Five teenagers were acquitted of first-degree murder but were found guilty Nov. 3 of aggravated assault in a nonjury trial stemming from a gang shootout in which Carla Carrington, 17, of Chester, was killed by a stray bullet. Common Pleas Court Judge Domenic Jerome found a sixth youth not guilty of any charges.

The Minnesota Twins agreed to contract terms yesterday with veteran lefthanded pitcher Steve Carlton, who had become a free agent after not receiving a contract offer from the Twins at the end of the 1987 season. Terms of the one-year pact were not disclosed. Minnesota acquired Carlton, 43, at the beginning of August from the Cleveland Indians. He was 5-9 with the Indians in 1987 but went 1-5 with the Twins and was not on Minnesota's playoff roster. He had a combined 5.74 earned run average with the two teams last season.

The rights of the criminally accused in Pennsylvania are at issue with two ballot questions that voters will decide Tuesday. Both questions are proposed amendments to the state constitution. As required, they have passed two consecutive sessions of the General Assembly. The first change to the state constitution would allow for the denial of bail if a defendant is charged with an offense punishable by life imprisonment or if the safety of any person or the community cannot be reasonably assured.

For now, the judge is still the person for whom all stand in a Pennsylvania courtroom. But imagine a different start to a trial: Order in the court. All rise, for the honorable . . . district attorney. Sound far-fetched? Well, if a proposed amendment to the state constitution goes ahead giving prosecutors the right to demand a jury trial, court criers might as well herald the prosecutor's arrival. Judges - not to mention defendants - may be asked to knock before entering the room.

When the Philadelphia courts make headlines, the folks in black robes often light up the office switchboard, calling one another to discuss the news. But following a Sunday Inquirer report about the breaks judges sometimes give people convicted in robbery, assault and drug cases, the phones didn't jump off the hook. Judges know well this is the way the system works. The shock, maybe, comes for the rest of us, lulled by all the tough-on-crime talk by elected officials.

The lawyer for Charles Bagley, charged with murder in the 1989 death of his wife in a whirlpool bath, said yesterday that he might ask for a non-jury trial when the case goes to trial April 12. Neil Jokelson said yesterday during a pretrial hearing in Delaware County Court that it appeared likely that Bagley would waive his right to a jury trial. Judge Joseph P. Cronin said he would advise Bagley whether he felt such a decision was wise. In the hearing that began yesterday and is expected to continue today, Jokelson contended that the prosecution had not provided the defense with a theory as to how the alleged crime was committed.

T. Milton Street, the flamboyant ex-Traffic Court official, was sentenced yesterday to four weekends in jail, fined $3,000 and ordered to perform 480 hours of community service for assaulting a Traffic Court employee in May 1991. On April 3, Street, a former state senator, was convicted by a Common Pleas Court jury of simple assault and disorderly conduct stemming from an incident on May 1, 1991, when Street burst into the courtroom of George Twardy, then Traffic Court's president judge, shoved aside one court officer and punched another in the mouth.

Carl R. Greene, the former executive director of the Philadelphia Housing Authority, waived his right to a jury trial Monday in his breach-of-contract dispute with the authority. The sides were to have begun selecting jurors Monday. Instead, they will present opening arguments before U.S. District Judge Ronald L. Buckwalter at 2 p.m. Tuesday. Greene claims that the agency did not have cause to fire him in September 2010 and owes him $743,000 in salary and vacation time, plus damages.

Louis Spadaccini, the Catholic high school baseball coach and city court employee arrested in September on charges of drugging and sexually molesting boys from his team, has decided to not plead guilty. "Coach Lou," as he was known at SS. John Neumann and Maria Goretti Catholic High School, was expected to admit his guilt Monday morning, but instead his attorney told a judge that Spadaccini, 37, wanted a jury trial. While Spadaccini was kept out of sight in a holding cell, his alleged victims - in school uniforms - and their parents were in court waiting for a confession that did not come.

LOUIS SPADACCINI, the Catholic high school baseball coach and city court employee arrested in September for allegedly drugging and sexually molesting boys on his team, has decided not to plead guilty. "Coach Lou," as he was known at Ss. John Neumann and Maria Goretti Catholic High School, was expected to plead guilty Monday morning, but instead his attorney told a judge that Spadaccini, 37, wants a jury trial. While Spadaccini was kept out of sight in a holding cell, his alleged victims - in school uniforms - and their parents were in court waiting for a confession that did not come.

A JUDGE ORDERED the New York Mets' owners yesterday to pay up to $83 million to the trustee in the Bernard Madoff case and gave the go-ahead for a jury trial on claims that could cost them $300 million more. Manhattan Federal Court Judge Jed Rakoff's ruling that Fred Wilpon and Saul Katz must give up their profits from Madoff's Ponzi scheme would tighten the financial squeeze on the team's owners. Their lawyers did not comment on whether an appeal is planned. If Madoff trustee Irving Picard prevails in the trial set to begin March 19, the owners could lose control of the Mets, legal and sports business experts said.

A Montgomery County man was found guilty of mail fraud and related charges Thursday for conspiring to burn down an auto-repair shop he owned in Philadelphia to collect the insurance money. Michael Giamo, 30, of Huntingdon Valley, was found guilty during a jury trial in U.S. District Court in Philadelphia. Sentencing is set for June 20 before Judge Michael M. Baylson. Giamo is accused of arranging with an employee to burn down One Source Motors, Giamo's business at 14001 Bustleton Ave., using gasoline stored in cans there.

EASTON, Pa. - Defense attorneys are questioning an Eastern Pennsylvania judge's decision to convict a woman on a lesser charge after a jury acquitted her in a drunken driving case. Northampton County Judge Michael Koury convicted Jessica Trump, 25, last week of the lesser DUI count shortly after a jury cleared her on a second-offense drunken driving charge. Trump testified she wasn't the driver of the car police spotted double-parked in Freemansburg in July. Trump and other witnesses said she had gotten into the driver's seat to retrieve some bags while the designated driver for the evening was unlocking the house.

The fourth official charged in the Bucks County register of wills corruption case received two years' probation Monday because "his role was minor compared to the other three," prosecutors said. James McCullen, 76, was charged with forcing employees to work the polls for Republican candidates on the county's dime. His boss, Barbara Reilly, and two other assistants have pleaded guilty and are scheduled for sentencing Jan. 9. "There absolutely is a distinction between McCullen and the other three," Chief Deputy District Attorney Robin Twombly said after the hearing in County Court.

TRENTON - A judge, not a jury, will decide the fate of former New Jersey State Sen. Wayne Bryant in a corruption trial that could add more prison time to the four-year sentence the once-powerful Camden County politician is serving. U.S. District Judge Freda L. Wolfson granted Bryant's request for a so-called bench trial during a hearing Monday in which Bryant reconfirmed his desire to forgo a jury. Bryant first made the request in a letter filed by his lawyer in September. "Yes, your honor, I do," Bryant, 64, said in a clear voice when Wolfson asked whether he wanted her to decide the case without a jury.