MIAMI (CBSMiami) – The grandfather accused of dropping his granddaughter to her death from a Royal Caribbean cruise ship has waived his right to a trial by jury.

Salvatore Anello was in court in Puerto Rico on Monday.

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By waiving his right to a trial by jury, a judge will decide whether he is guilty of “negligent homicide.”

Anello says he was playing with the toddler, Chloe Wiegand, on the 11th floor near a window while the Freedom of the Seas ship was docked in Puerto Rico.

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He says the child fell to her death when he raised her up to an open window which he thought was closed.

Chloe’s parents blamed the Doral-based cruise line company after the accident, saying the window shouldn’t have been open.

Prosecutors allege that Anello “negligently exposed [his granddaughter] through one of the windows,” according to a statement from the Puerto Rican Department of Justice.

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His next court appearance is set for April.