People v. Bellmyer Dissent added August 9, 2001

David Bellmyer participated in a bench trial which commenced on February 29, 2000. The bench trial was continued to April 7, 2000, sua sponte, to allow the parties to produce additional information requested by the court. Although the parties had presented the judge with the supplemental information, he ruled at the continued trial that the stipulations were not sufficient for him to make a decision. The court offered the defendant the opportunity to withdraw his waiver of jury trial, but the defendant refused to do so.

On April 12, 2000, the defendant filed a motion to compel the verdict. The…