The man accused of killing a Westbrook couple in front of their two children will be given a bench trial, a judge ruled Friday.

Marcel LaGrange, 24, at his arraignment in August 2023. LaGrange pleaded not guilty and not criminally responsible by reason of insanity to two counts of intentional and knowing murder in the deaths of Brittney Cockrell and Michael Hayter. Screenshot from Zoom hearing

Marcel LaGrange waived his right to a jury after he pleaded not guilty and not criminally responsible by reason of insanity last year in the slayings of Brittney Cockrell and Michael Hayter. He faces a maximum penalty of life in prison.

LaGrange signed a jury-waived trial form Friday afternoon, appearing by Zoom in Cumberland County Superior Court from the Maine State Prison, where he is being held.

Superior Court Justice Deborah Cashman explained to LaGrange that criminal matters in Maine are presumed to take place before a jury, but it was up to him whether he pursues a jury trial or a jury-waived trial, wherein a judge alone determines the verdict.

She paused at times, asking LaGrange if he understood.

“Yes, Your Honor,” LaGrange repeated in a low tone when prompted.

“What is your request, do you want a judge trial or a jury trial?” she asked.

“Judge trial,” he replied.

LaGrange held up the unmarked form for the camera before signing it.

Brittney Cockrell and Michael Hayter.  Photo courtesy of Jeff McKinney

Tina Nadeau, one of the defense attorneys representing LaGrange, said the majority of cases that include an insanity plea proceed to a jury-waived trial, as a judge is typically better equipped to understand the nuances of the law and the consequences of finding someone not criminally responsible.

“A judge understands that the person found not criminally responsible would be committed to the custody of the Department of Health and Human Services and likely be residing at Riverview Psychiatric Center under lock and key for the rest of his life,” Nadeau said in a written statement. “The law prohibits attorneys from telling jurors what would happen if they found a defendant not criminally responsible.”

Nadeau said cases like these lean heavily on testimony by medical experts, which can be difficult for members of the public to fully comprehend.

“A judge is typically able to parse and evaluate that expert testimony more easily,” Nadeau said.

In August, LaGrange’s attorneys filed a request to include expert witness testimony by Dr. Elise Magnuson, a forensic psychologist who has interviewed LaGrange during his time in prison.

“Dr. Magnuson is expected to testify that, in her opinion, Mr. LaGrange suffers from a severe psychotic disorder and was more than likely in a psychotic state at the time of the incident, which impaired his ability to appreciate the wrongfulness of his actions,” Nadeau wrote in the request.

LaGrange is accused of shooting and killing Cockrell and Hayter while their children were in the family’s car and shooting at their son in 2023. Police allegedly witnessed LaGrange shoot Cockrell near a parked car, and they found Hayter’s body in the car with the children.

As police chased him, LaGrange assaulted a 75-year-old man before being tackled and disarmed by a group of bystanders, police have said. Police don’t believe LaGrange had any connection to the couple before the incident.

Cashman ordered additional testing of LaGrange’s mental health in March after an earlier round of tests had already been completed. Though the results of those tests are sealed, Cashman has said it refers to cognitive issues and previous evaluations. Court records indicate that LaGrange has autism and bipolar disorder.

Speaking to reporters outside the courthouse, Nadeau declined to speak about the latest forensic examination, noting that it remains sealed.

“That information will be presented at trial,” she said. “The reports are sealed, and they should be.”

LaGrange’s trial has been scheduled to begin Feb. 24, Cashman told the court Friday. Cashman will preside over the bench trial, Nadeau said.