TAMPA Cortnee Brantley lost her bid on Tuesday to have a judge determine her guilt, so she will face a jury trial sometime in October.
A federal jury deadlocked in Brantley's July trial stemming from allegations she covered for her boyfriend, Dontae Morris, who is accused of shooting to death two Tampa police officers in June 2010 during a traffic stop.
Brantley's lawyer, Grady Irvin, asked U.S. District Judge James Moody to decide Brantley's guilt without the benefit of a jury. Irvin filed a motion asking for what is known as a bench trial, arguing it is unlikely the court will be able to seat an impartial jury that has not been exposed to pretrial publicity.
But the request was opposed by Assistant U.S. Attorney James Preston. Moody denied Irvin's motion Tuesday without hearing oral arguments because court rules allow nonjury trials only if the prosecution consents.
The judge said he will schedule Brantley's retrial sometime in October.
Brantley was the driver who was pulled over in a vehicle stop that ended in the slayings of officers David Curtis and Jeffrey Kocab. Morris is awaiting trial on murder charges in connections with the officers' deaths, as well as three other slayings.
Brantley was charged with misprision of a felony, or concealing the fact that Morris was a felon in possession of a firearm and ammunition.
Morris was to go on trial July 30 in the slaying of Rodney Jones but jury selection fell apart after members of the jury pool talked to each other about the high-profile case.