Edward Fleury is due back in court in his involuntary manslaughter trial for the accidental death of Christopher Bizilj.
Former Pelham Police Chief Edward B. Fleury is seen at the start of his trial in Hampden Superior Court in Springfield on manslaughter charges in the accidental shooting death of 8-year-old Christopher Bizilj of Ashford, Conn., at a gun fair in Westfield.SPRINGFIELD – Former Pelham police chief Edward B. Fleury is due back in court Monday as jury selection continues in his involuntary manslaughter trial for the accidental death of an 8-year-old Connecticut boy at a Westfield gun show.
Hampden District Attorney William M. Bennett is prosecuting the case, even though his term in office ends Wednesday.
Hampden District Attorney-elect Mark G. Mastroianni will be sworn in Wednesday. After he is sworn in he will swear in Bennett to be a special prosecutor just for the Fleury case.
Mastroianni said he agreed to Bennett’s request that Assistant District Attorney Carmen W. Picknally, who is retiring as of Wednesday, be sworn in as a special prosecutor to assist Bennett in the Fleury trial.
“The case started under Bill’s administration and the trial started under his administration,” Mastroianni said. He said Bennett will finish the trial.
Eight-year-old Christopher 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 organized by Fleury’s company at the Westfield Sportsman’s Club.
Jury selection was suspended Dec. 17 because not enough jurors could be impaneled by the end of the day for the trial to begin.
No prospective jurors were called in during the two holiday weeks, causing the two-week delay.
Although about 70 prospective jurors were brought into the courtroom and questioned Dec. 17, only 15 people remained as possible jurors at the end of the day. Those 15 were told to come back today.
The others were dismissed by the judge for undisclosed reasons. While 16 people are needed for a jury, the prosecution and defense can challenge up to 10 jurors each, and lawyers typically use most of their challenges.
Thus, the judge needed a larger pool of jurors to start with. When a larger pool is available, the two sides will be allowed to use their juror challenges, which means they can each dismiss up to 10 jurors without giving a reason.
Judge Peter A. Velis on Dec. 17 decided that a portion of the audio from a videotape of the boy accidentally shooting himself will not be allowed in the trial.
Velis said the video portion may be shown, but no audio component will be heard after the shooting.
The video was shot by the Christopher’s father, Charles Bizilj, as the Connecticut boy participated in the event.
Defense 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 Bizilj praying for his son’s life and telling him he loved him.
Two previous attempts to hold the trial in December were stalled because Fleury each time was admitted to an area hospital for medical tests.
Fleury is also charged with three counts of furnishing a machine gun to a minor.
