Judge in Edward Fleury trial disallows portion of audio from shooting death of 8-year-old Christopher Bizilj

Jury selection resumed in the involuntary manslaughter trial of the former Pelham police chief in Hampden Superior Court.

Photo by Dave Roback / The RepublicanFormer Pelham Police Chief Edward B. Fleury is seen in Hampden Superior Court Friday after being released from Cooley Dickinson Hospital in Northampton Thursday. Jury selection resumed in his trial for involuntary manslaughter in the accidental shooting death of 8-year-old Christopher Bizilj of Connecticut at Westfield Sportman's Club in 2008.

An updated version of this story is now available at MassLive.

SPRINGFIELD – A judge decided Friday that a portion of the audio from a videotape of 8-year-old Christopher Bizilj accidentally shooting himself will not be allowed in the manslaughter trial of former Pelham police chief Edward Fleury.

Judge Peter A. Velis said the video portion may be shown, but no audio component will be heard after the shooting.

Fleury’s lawyer, Rosemary Curran Scapicchio had asked Velis to exclude the video. If the video were to be played, Scapicchio asked that the audio after the shooting be silenced, saying it portrayed Dr. Charles Bazilj praying for his son’s life and telling him that he loved him.

Meanwhile, jury selection began Friday despite requests from both the prosecution and defense that the trial be delayed until Jan. 3.

Fleury, 53, faces a charge of involuntary manslaughter in connection with the death of Bizilj, of Connecticut, in 2008 at a gun exposition that the chief’s company organized at the Westfield Sportsman’s Club.

Velis began empanelment, acknowledging if a jury was not selected Friday the trial would have to be put off until Jan. 3.

No one is called in as prospective jurors for two weeks starting Monday.

Christopher K. Bizilj

Two previous attempts to hold the trial over the past two weeks were stalled because Fleury each time was admitted to an area hospital for medical tests.

Both Hampden District Attorney William M. Bennett and Scapiccio told Velis they would rather start the case Jan. 3 but Velis said he wanted to try to get it started Friday.

An affidavit from a physician, delivered to Judge Cornelius J. Moriarty and impounded by the court, caused Moriarty to say there is no reason why Fleury, who was released from Cooley Dickinson Hospital in Northampton Thursday after being admitted Monday for medical tests, couldn’t start trial immediately.

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.