Judge denies jury-waived trial in Haleigh Poutre case

SPRINGFIELD - Hampden Superior Court Judge Judd J. Carhart Thursday denied Jason D. Strickland's request for a jury-waived trial.

Strickland, 34, formerly of Westfield, faces charges of assault and battery on a child with substantial bodily injury and other charges from events in Westfield on Sept. 11, 2005. He is accused of hurting his stepdaughter Haleigh, now 14, causing severe brain damage.

Carhart said he did not feel that he could hear and decide the case himself in a jury-waived trial, because he has already heard much information in pre-trial motions and arguments that he deemed inadmissable at trial.

Defense lawyer Alan J. Black, who had asked for the jury-waived trial as the second day of jury selection was to begin, said he would not file an appeal of Carhart's decision to the state Supreme Judicial Court. That appeal would have asked for action immediately from the high court.

After Carhart said he would not accept the jury waiver that Strickland wished to give him, dozens of potential jurors were brought in to start jury selection process Thursday. On Wednesday, 13 potential jurors were selected, although attorneys have not used their challenges to excuse jurors without cause.

Carhart said he has been specially assigned to the case for some time and has heard and seen much information beyond what a jury would get. Black said Strickland has an absolute right to a jury-waived trial in front of a judge.

Carhart said he can refuse to accept a jury waiver if he has good cause.