Accused on two counts of rape, former student Sean Marron began his trial yesterday afternoon by waiving
his right to trial by jury. According to an anonymous lawyer,
the defendant usually waives his right to a jury when he has reasonable belief that the judge may deliberate the presented evidence more impartially than a jury. “They believe that either they have a better chance with a emotionally non-biased judge (or at least supposed to be) or the defendant will receive a more lenient sentence when
facing a judge,” the lawyer said. “The emotional aspect that might easily sway a jury may not sway a judge to find a reasonable doubt in the case based on the evidence.”
Marron attended Xavier from the fall of 2006 to the spring of 2009. He was brought up on four charges of rape on two separate occasions on Nov. 22, 2008 and Feb. 14, 2009.
After both accusations were addressed by the University, Marron was expelled from Xavier and allowed to return in 2010, according to Registrar records. The trial was postponed from 9 a.m. to 2 p.m. due to scheduling conflicts,
which caused the prosecution to dismiss several of the subpoenaed witnesses including Dr. Luther Smith, dean of students, Michael Couch, chief of the Xavier Police, and several other officers. According to Barb Lambers, the court reporter for the trial, the court only heard testimony from one of the alleged victims before it was placed in recess. The trial resumed this morning at 8:30 a.m. at the Hamilton
County Courthouse and continued with the states prosecution.