The man accused of killing 15-year-old Aiden Lutz in October 2023 was back court yesterday attempting to have his case thrown out.
41-year-old Joshua Rivera is attempting to have all charges against him dropped for a rule 600 violation, which is the right to a speedy trial. Rivera is accused of hitting and killing Lutz, who was riding an e-bike on Dutchtown Road in Butler Township nearly three years ago.
Defense Attorney Joseph Smith argued that while waiting for an appeal, prosecutors would track down a potential witness for more information. Then provide written notice of more evidence on September 24 to Smith before a response for an appeal from a higher court.
Smith argued the time the DA spent seeking the written testimony that allegedly further incriminate Rivera, count towards rule 600 days. Which requires trials take place within one year, but allows for delays for appeals and continuances by defense attorneys.
Smith is Claiming the DA’s office used the extra time as a “tactical maneuver” and questioned the given testimony as “bad faith” after the DA had previously said they would not seek testimony from the witness. There was also no video of the testimony being given, along with the only people present during the written testimony was the prosecutor and detective for the case.
The DA argued the witness was contacted weeks after the appeal was filed after being spotted in court by another attorney filing a protection from abuse order for Rivera. That assistant district attorney testified in court they had not worked on the Rivera case outside of proof-reading appeals and had informed the lead attorney of the spotting the witness on the same day.
That was on May 20, on September 11, the written testimony given by 34-year-old Nicole Kelly of Butler was completed. On September 24, Smith was informed of the new evidence.
In court on Tuesday, Smith argued that days against rule 600 began on May 20 but visiting Judge Christopher St. John asked if any case law allows bans seeking further evidence before trial or if court statutes allow for these days to be counted.
Smith admitted in court no case law backs this claim. Nor are there any statutes that allow for days to be counted while waiting for an appeal response regardless if new evidence is presented.
Smith also alleged that, Kelly, could have been offered a deal or promises in her case for concealing Rivera after not receiving any jail time. The Assistant District Attorney on the case denied this claim, saying he had no say in Kelly’s case.
There were also arguments over what wording and language could be used when Kelly gives testimony. But as attorney’s began to read testimony the decision was decide to seal the documents for court and further conversations would happen on the record in private due to the large audience that gathered for the hearing.
No word on what decision will be made by Judge St. John but an official trial date has not been sent in in court dockets but a trial is expected in the next month.
