The involuntary manslaughter trial in the death of 8-year-old Christopher Bizilj at the Westfield Sportsman’s Club has been on hold since Fleury was hospitalized.
If Edward Fleury, seen here last week, is discharged from the hospital Thursday, he must appear in court Friday, a judge ruled Thursday.SPRINGFIELD – If former Pelham police chief Edward B. Fleury is discharged from the hospital, he must be in court Friday and his trial may begin, Hampden Superior Court Judge Cornelius J. Moriarty said Thursday .
Fleury, 53, faces a charge of involuntary manslaughter in connection with the death of 8-year-old Christopher Bizilj, of Connecticut, in 2008 at a gun exposition that the chief’s company organized at the Westfield Sportsman’s Club.
A status conference on the case was held Thursday, and Moriarty said Rosemary Curran Scapicchio, Fleury’s lawyer, reported to his clerk that Fleury had some medical tests Wednesday, was having more Thursday and may be discharged Thursday. Fleury’s latest round of tests was looking at possible gastrointestinal problems.
Moriarty said he wants Scapicchio and Hampden District Attorney William M. Bennett in his courtroom Friday, and if Fleury is released from Cooley Dickinson Hospital in Northampton Fleury must be in court.
Scapicchio had reported Tuesday that Fleury, who was to begin trial before Judge Peter A. Velis that day, was admitted to that hospital for medical tests Monday.
Scapicchio filed a motion to continue the case for trial in January, depending on Fleury’s medical prognosis. Moriarty denied that request.
Cornelius B. MoriartyMoriarty said a full pool of jurors will be available Friday, so empanelment before Velis could begin in the case.
If enough jurors are selected Friday the trial can go ahead next week. But no prospective jurors are called for jury duty over the two weeks beginning Monday, so if a jury is not selected Friday no other prospective jurors would be available until Jan. 3.
Fleury’s trial was postponed after jury selection started Dec. 8 when Fleury was hospitalized at Baystate Medical Center in Springfield with symptoms that made Fleury believe he was having a heart attack, Scapicchio has said. Fleury was discharged Dec. 10 after no heart incident was found to have occurred and was scheduled for a follow-up appointment, Scapicchio said.
Bizilj died on Oct. 26, 2008, after suffering a wound to the head when he lost control of a Micro Uzi submachine gun he was firing during an annual shooting event at the club. Fleury also faces three counts of furnishing a machine gun to a minor.
More details coming in The Republican.