BANGOR, Maine (NEWS CENTER) --- When all evidence in the Jason Trickett murder trial is presented this week, thefinal outcome of the trial will not bedecided by a jury.

The Bangor man is choosing to have a 'bench trial' where a judge will be the one to return a verdict. Bench trials are an option for all suspects in criminal cases but its rarely used by those accused of murder. Prosecutors with the Maine Attorney Generals Office say in the past 10 years only a handful of murder cases have been decided by a judge.

Some defense attorneys say they will encourage their clients to waive a jury specifically if the crime itself is very heinous or the victim is very young.

Last year Robert Nelson of Norridgewockopted to have a bench trial after he faced murder charges for the death of Everett Cameron. Prosecutors argued Nelson killed Cameron so he could steal his Oxycodone pills.

Attorneys for Nelson say they felt letting a judge rule on the case was the best choice. They say that's because their client had a past history with drugs that would have come out during trial.

"You want the jury focused on the facts and if you think there's something about your guy {client}or the case will keep the jury away from the facts..they just don't like him...then you think about having a trial with a judge," said Phil Mohlar, who was Nelson's attorney during the trial.

In the end, Robert Nelson was found guilty of murder last year. He's currently serving a 45 year sentence.

Defense attorneys say they also have to weigh the evidence in a case and their client's criminal history before advising them to testify in their own defense.

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