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A Cambridge church administrator who faces charges of raping two of her grandchildren waived her right Monday to be tried by a jury.
Suzanne D. Moran, 61, told Middlesex Superior Court Judge Hiller B. Zobel '53 that she wanted him to decide her guilt or innocence when she goes to trial May 22.
Suzanne Moran and her husband, Mellon Professor of Humanities William L. Moran, were indicted last December on charges that they sexually assaulted their young grandchildren while they were supposed to be caring for them. William Moran, who was not involved in Monday's hearing, will likely be tried separately after his wife's trial is complete, Zobel said.
Asked by Zobel what she understood to be the meaning of a jury trial, Moran said she thought of it as "a trial of 12 peers." Zobel found that she was "fully aware" of the difference between a jury and a jury-waived trial.
Prosecutor and Assistant District Attorney Audrey C. Parr told Zobel that if she had a choice in the matter, she would have the case go before a jury. In addition, Parr said that because Zobel has already "been privy to voluminous" reports for therapists, psychologists and others, it might be difficult for him to decide the case solely on evidence introduced at trial.
Zobel assured both sides that he would make his decision without considering materials introduced in pre-trial proceedings.
Later, under questioning by Zobel, defense attorney Judith L. Lindahl told the judge that there were reasons for Moran to waive a jury trial.
And before granting the request, Zobel graphically explained to Suzannne Moran the definitions of aggravated rape of a person under 16 and indecent assault and battery charges.
Zobel told Moran that the prosecutor--to get a conviction--would have to prove that "you had sexual intercourse with [your grandson] who was then under age 16...and that you compelled [him] to submit by force or threat of bodily injury."
The Crimson does not publish the names of victims of alleged sexual assaults.
According to a statement filed at an earlier hearing by Parr, "Suzanne D. Moran threatened to kill her grandson if he told anyone about the assaults." That document also says that she told her grandson she would kill his mother and father if he told anyone about the alleged incidents.
Parr said she planned to call as witnesses the grandson, now age seven; the granddaughter, now age four; one or both parents; a therapist; a psychologist and a state trooper involved in the investigation.
Lindahl said she would not argue that Suzanne Moran was insane or otherwise mentally incompetent during the time of the alleged abuse.
As in a past hearing, Zobel raised the possibility that he would take testimony from the children in a place other than the courtroom. Under such an arrangement, the defendants, attorneys and a representative of the news media would likely be permitted to attend, Zobel said.
After the jury waiver was accepted, Zobel and Lindahl became involved in a heated discussion over a defense motion to videotape the trial.
At a hearing last week, Zobel said he would consider the matter but that Lindahl should not count on having the equipment in the courtroom.
At one point, Lindahl said she would rather see the motion denied than continue to wait for a ruling. But Zobel refused to act and told the defense attorney that he would deny the motion if and when he chose to do so.
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