The man accused of killing 15-year-old Aiden Lutz in October 2023 is set to go to trial later this fall with a new judge.
Jury selection will begin on November 16th and the expectations is 41-year-old Joshua Rivera’s trial will start in the afternoon on the 17th or in the morning on the 18th.
But during a hearing yesterday, Rivera’s defense attorney Joseph Smith argued in court that due to a mailer that went out during District Attorney Rich Goldinger’s 2023 re-election bid might have poised potential jurors.
The mailer sent out by Goldinger’s opponent in that race in an effort to damage Goldinger’s image included Rivera’s previous criminal record. Smith also floated the idea of potentially subpoenaing Goldinger’s opponent to get a better understanding of who in Butler County received the mailer.
Smith argued a redacted version of the flyer be shown to potential jurors to see if they had received the flyer. But Assistant District Attorney Ben Simon argued this would intentionally poison a potential juror.
Discussion was also held on the possibility on what would happen if not enough jurors would be available due to the Thanksgiving Holiday that leads into the end of week two of the trial.
According to Simon 100 to 200 potential jurors will be called in an effort to secure the needed 12 jurors and 4 alternative jurors. Both attorneys agreed that if after Monday’s jury selection they believe they will be unable to secure enough jurors and alternatives a debate if the trial should move to another county will be held.
If a jury can be selected, Simon said he would need three days to present the case, Smith would need one or two in defense, time has to be set aside for jury instructions and court clerical duties, then deliberation can begin.
This would leave one to two days of deliberation. No decision was made on what would happen if deliberation expanded past the Thanksgiving holiday. No formal motion or request to sequester the jury was made during the hearing.
In an effort to have the trial go as quickly as possible, the newly assigned Judge James Arner asked both the defense and prosecution to reach agreements on certain facts to avoid having to call every witness to the stand and avoid the rehashing of arguments.
Both attorneys will need to file all final arguments or documentation by October 15th before another hearing is held before the trial. That hearing is expected to take place in late October or early November.
