Matthew Dugan, 34, was described as a loving son and a rock in the family.
2008 murder case to be tried before 3 Lucas Co. judges
Anthony Belton won't have his death-penalty case decided by a jury of his peers. Instead, the Toledo man charged in the 2008 slaying of a convenience store clerk decided to have his case heard before a three-judge panel.
Mr. Belton, 24, of 934 Cuthbert Rd. is charged with aggravated murder and two counts of aggravated robbery, each with gun specifications.
If convicted, he faces the death penalty.
In a hearing Thursday, Mr. Belton waived his right to a jury trial. The decision means that his guilt or innocence and any potential sentence will be determined by three judges of the Lucas County Common Pleas Court.
When questioned by Judge Ruth Ann Franks about how he wanted to proceed with his trial, Mr. Belton responded that he wants a "three-judge panel."
He is accused of shooting Matthew Dugan once in the back of the head during an Aug. 13, 2008, robbery at the former BP gas station at Dorr Street and Secor Road. Police said the suspect entered the convenience store about 7 a.m., approached the counter, pulled out a gun, and demanded money.
The gunman shot Mr. Dugan, 34, after the clerk turned around in response to an order to retrieve telephone cards from behind the counter, authorities said.
Mr. Belton's trial is to start Sept. 7.
Dean Mandros, chief of the criminal division for the prosecutor's office, said the defense's decision will not impact how the case is tried.
"The state will be presenting essentially the identical case, whether it is to a jury or three judges," he said. "I can't think of a witness we won't call or a piece of evidence we won't put on."
Defendants in all criminal trials are given the option to have their case tried by a jury or judge. In those cases where death-penalty specifications are attached, the trial is heard by three judges, including the presiding judge.
Judge Franks noted that Judge James Jensen and Judge Gene Zmuda were chosen in a random drawing to also hear the case. The judge added that a pool of jurors also will be available in case the defense has a change of plans on the day of the trial.
The judges first will hear the evidence of the trial to determine if Mr. Belton is guilty. If they decide he is, the judges will determine the appropriate sentence during a second phase by weighing the circumstances of the crime versus mitigating factors.
Thursday, defense attorney Pete Rost said during the hearing that Mr. Belton maintains his right to appeal decisions made by the court, which he noted all ultimately led the defense to chose a three-judge panel.
"All decisions made by the court to date, as well as all the evidence provided by the state as well as the information discovered by the defense in our investigation have led us to this decision," he said.
http://www.toledoblade.com/article/20100806/NEWS02/8050364/-1/rss
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