WRIT GRANTED
Relator, the State of Louisiana, seeks this Courts supervisory review of the trial courts ruling that granted defendants motion to waive jury trial. For the following reasons, we find the trial court erred in granting defendants motion.
On October 20, 2014, the State indicted defendant, Pedro Monterroso, for second degree murder. Defendant pled not guilty, and trial was initially set for August 12, 2019 but ultimately continued numerous times. Trial is now set for November 15, 2021.
On September 17, 2018, the trial court heard and denied defendants motion to suppress. In about April 2020, the State discovered new information, which ultimately led to a second hearing on defendants motion to suppress and the trial courts granting of that motion to suppress. On October 1, 2021, defendant filed a waiver of jury trial, which the State opposed as untimely. After a hearing on November 5, 2021, the trial court granted defendants waiver of jury trial. The State seeks review of this ruling.
This writ application presents the issue of whether defendants motion to waive jury trial filed on October 1, 2021 is untimely under La. Const. art. I, Sec. 17(A), which states:
Except in capital cases, a defendant may knowingly and intelligently waive his right to a trial by jury no later than forty-five days prior to the trial date and the waiver shall be irrevocable.
The Louisiana Supreme Court, in interpreting this provision, has clearly held that the “trial date” must refer to the initial trial setting of the matter because initial trial settings are often continued again and again, which would turn a defendants actual date of trial into a moving target. State v. Bazile, 12-2243 (La. 5/7/13), 144 So.3d 719, 735. The Supreme Court further reasoned that because trial settings are often extended for a variety of reasons, there must exist a fixed point in time by which the timeliness of a defendants jury waiver can be determined. Id.
Applying the initial trial setting rule here, defendant did not timely file his jury trial waiver. Trial was initially set for August 12, 2019, and defendants jury waiver was not filed until well after this date on October 1, 2021.
Defendant argues, and the trial court agreed, that he could not have knowingly and intelligently waived his jury trial right before the initial trial setting because important additional information was discovered after the initial trial setting, which led to the reopening and granting of the motion to suppress his statement.
The Bazile court considered a similar argument and rejected it, stating a “defendant is not required to know and understand the strength of the states case, nor the composition of his potential jury pool before waiving his right to a jury trial.” 144 So.3d at 733. In this context, a criminal defendants jury waiver is deemed knowing and intelligent when he understands “that the choice confronting him is, on the one hand, to be judged by a group of people from the community, and on the other hand, to have his guilt or innocence determined by a judge.” Id. The type of information a defendant must possess to make a knowing and intelligent waiver of the right to a jury trial relates not to matters of strategy, but instead to his knowledge of his constitutional rights. Id.
The purpose of discovery rules in criminal cases is to ensure that a defendant receives a fair trial and not to inform the defendants strategic decision as to the mode of his trial. Id. In State v. Roussel, 381 So.2d 796, 799-800 (La. 1980), the Louisiana Supreme Court discussed the scope of a prosecutors obligation to disclose exculpatory evidence under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), stating:
Brady is not a rule of discovery designed to help defendants decide tactical questions such as whether to waive trial by jury.․ The purpose of the Brady rule is to insure that defendants receive their constitutional right to a fair trial guaranteed by the due process clause, a trial in which the trier of fact has before it all available material exculpatory evidence.
Because a criminal defendants waiver of his right to trial by jury is knowing and intelligent when he demonstrates his understanding that he will proceed to trial before a judge upon that waiver, we find that defendants reasons for his failure to timely waive his right to trial by jury bear no relevance to the determination whether his jury trial waiver was knowing and intelligent. We therefore find under Bazile that the trial court erred in granting defendants motion to waive jury trial. As a result, we grant this writ, reverse the trial courts judgment and remand this case to the trial court for further proceedings in this criminal matter.
Gretna, Louisiana, this 11th day of November, 2021.