Alfred Rutherford: Will accused killer pick jury or judges to decide his fate?

HAMILTON, Ohio – A judge drawing balls out of a Yahtzee bottle?

That's something you don't see everyday in a court of law.

But it happened in Butler County Thursday.

Why?

To determine which three judges would hear Alfred Rutherford's case if the man accused of killing his daughter and her boyfriend opts out of a jury trial.

Three judges or a jury to decide your fate?  

It's Rutherford's choice, and his attorneys wanted to know who the judges would be before making a decision.

Rutherford sat and watched the proceedings with a grim face.

He is charged with two counts of aggravated murder for shooting his daughter and her boyfriend with a shotgun in front of his grandchildren.

The three-judge panel would likely be Keith Spaeth,  Noah Powers and Craig Hedric.

That is, if the defense decides to roll the dice with the judges.

Rutherford also waived his right to a speedy trial. That will give his defense more time to build their case.

The trial is set for January 2015.

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