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NON-JURY TRIAL IS LIKELY FOR WIFE ACCUSED IN MURDER OF DIGIULIO

The judge in the Robert DiGiulio murder case may conduct a non-jury trial for one defendant while a jury in the same courtroom considers the fate of the other, law enforcement sources said Tuesday.

To speed the case, State Supreme Court Justice Frederick M. Marshall may hear the case of Anita DiGiulio Marvin, the wife of the victim, who since has remarried, while a jury considers evidence against Luciano "Dilly" Spataro, sources said.

Mrs. Marvin, 42, is accused of planning and paying for the death of her husband, 32, a former bodyguard for celebrities, who was killed April 17, 1985, outside their Amherst home. She has been free on $125,000 bail on a charge of second-degree murder, and David R. Knoll, her lawyer, said Tuesday she had waived her right to a jury trial.

Knoll said Mrs. Marvin, now an Amherst real estate agent, denies any role in the slaying and decided her case could be "expedited" without a jury.

Sources said Mrs. Marvin believes the judge would think less of the credibility of government informant William Koopman, the chief witness against Mrs. Marvin and Spataro, than a jury would.

Koopman, 33, pleaded guilty Monday to a reduced manslaughter count in the slaying of Spataro's son-in-law, John Pinelli.

Spataro, 57, is serving a prison term of 8 1/3 to life for his role in his son-in-law's slaying and unrelated drug charges.

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