Associated Press - May 13, 2009 11:05 AM ET
SYRACUSE, N.Y. (AP) - A judge says he will continue to preside over the retrial of a former music teacher facing charges he sexually abused students at an Onondaga reservation school.
Onondaga County Judge William Walsh set June 1 for the retrial of Albert Scerbo after rejecting a prosecution motion asking him to remove himself from the case. Walsh also granted a defense motion Wednesday for a non-jury trial.
Scerbo of Clay was convicted in 2007 of sexually abusing a 7-year-old female student at the Onondaga Indian Nation School. But Walsh set aside the conviction in November 2007 after determining two jurors with teaching backgrounds improperly swayed deliberations.
An appeals court upheld that decision, but also reinstated two charges involving another victim that Walsh had dismissed before trial.