As it stands, he is innocent, until proven guilty.
Actually, that is the point of a jury trial. Think of the British, trying American colonists in England without a jury for manufactured "crimes"-- e.g. resisting British soldiers who invaded their homes and quartered there. Two cases are not the same, but the point of a jury trial is that if most people in your community feel that what you did is not criminal, then it makes it harder for tyranny to thrive.