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      Judge, not jury, will decide deadly Megabus case

      J ohn Tomaszewski in court

      T he driver accused in the deadly Megabus crash will let a judge decide his fate.

      J ohn Tomaszewski was in Onondaga County Court Thursday where he asked to have his right to a jury trial waived. Instead, Judge Anthony Aloi will decide if he's guilty or innocent. Tomaszewski's attorney says there are a lot of opinions about the case.

      "I think he's nervous about some of the opinions of the community" Defense Lawyer Eric Jeschke said.

      F our people were killed in September of 2010 when the Megabus slammed into the low bridge on the Onondaga Lake Parkway. Prosecutors say Tomaszewski was distracted by a personal GPS device and missed turns for the Regional Transportation Center.

      "I've got my evidence," Senior Assistant District Attorney Chris Bednarski said. "Whether I'm trying to prove it to a jury or to the judge, the evidence is the same and the proof will be the same."

      T omaszewski is facing four counts of criminally negligent homicide.

      Jeschke said he anticipates that Tomaszewski will take the stand in his own defense. He says the trial will be "less emotional" with a judge deciding the verdict.

      "I think it's good that a judge will consider what's criminally negligent homicide and what's not," Jeschke said.

      The trial is scheduled to begin February 21st.