FARIBAULT, MINN. - A judge alone will decide whether former nurse William Melchert-Dinkel is guilty of coaxing two people through Internet chats to kill themselves, according to an agreement reached Thursday in Rice County District Court.
Melchert-Dinkel, 48, of Faribault, appeared in court and waived his right to a jury trial. He, his attorney, the prosecution and District Judge Thomas Neuville instead agreed that Neuville will decide the case based on oral arguments at an abbreviated trial and stipulated evidence contained in 958 pages of documents and three computer disks.
The judge scheduled oral arguments by the attorneys for Feb. 24, and the parties agreed that from that date Neuville would have 20 days to issue a verdict.
Melchert-Dinkel sat with hands folded next to his attorney, Terry Watkins. Asked by Neuville whether he'd been briefed by his attorney about the arrangements, including that he waives his right to call witnesses, Melchert-Dinkel answered, "Yes, extensively."
He is charged with two counts of aiding suicide. Mark Drybrough, 32, of Coventry, England, hanged himself in 2005, and 18-year-old Nadia Kajouji of Brampton, Ontario, jumped into a river in 2008 and drowned.
Prosecutors say Melchert-Dinkel posed as a young female nurse and in some cases gave instructions to victims. He testified at a pretrial hearing last August that he has Asperger's syndrome.
Under the agreement, Neuville will read the submitted materials and preside at a 90-minute trial in which the attorneys each will each get about 45 minutes to make, in essence, closing arguments. The two attorneys also are expected to submit written briefs, in which they may cite the submitted evidence.
Melchert-Dinkel can appeal Neuville's decision. Previously it had been reported that any appeal would be limited.