“Judge Oda is a fair and impartial jurist who will make the appropriate decision based on the evidence,” Ostrowski said after the hearing Friday.
As a result, the trial is scheduled to run only through Wednesday and can begin today without four hours or more spent in jury selection.
In May 2017, Panzeca’s home in Springboro was raided by agents from the Warren County Drug Task Force and Springboro police. She, and her 15-year-old son found hiding with friends in the basement, were both charged.
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The son pleaded no contest to charges of trafficking in drugs and possession of controlled substances and was sentenced in December 2017 to 30 days in the local detention center.
As part of his sentence in Warren County Juvenile Court, he was ordered to complete an in-patient treatment program, placed on probation, possibly until he turns 21, and fined $250.
He was accused of selling drugs to students at Springboro High School, including LSD allegedly purchased with Bitcoin, an on-line currency that his mother allegedly purchased for him with a credit or debit card.
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His lawyer and Ostrowski have challenged the search warrant used to raid the house and other aspects of the investigation and allegations.
Defense lawyers weigh several factors when deciding whether to waive a jury trial in common pleas court, according to Charles H. Rittgers, a veteran defense lawyer.
“It always depends on the facts,” Rittgers said.
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A bench trial might be preferable if the defense is concerned a jury of 12 county residents could “get too emotional,” Rittgers said.
In other cases, Rittgers — who estimated he has worked 60 jury trials and 15 bench trials in 40 years as a lawyer — said a defense lawyer might opt for a bench trial because the defendant is unwilling to make a plea or no plea bargain has been offered by prosecutors.
Panzeca resigned in December after 23 years at her job teaching fourth and fifth graders in the Springboro school district.
She remains free on her own recognizance, provided she have no contact with anyone under 18 years old, except family.
The trial is to begin at 9 a.m.
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