September trial set in death of Butler teen Aiden Lutz
A September trial has been scheduled for a Butler man charged with striking and killing 15-year-old Aiden Lutz while he was riding a bicycle in October 2023 in Butler Township.
The trial for Joshua A. Rivera, 41, was scheduled to begin Sept. 21 following jury selection Sept. 16 in Butler County Common Pleas Court.
Township police charged Rivera with felonies of third degree murder, homicide by vehicle, accidents involving death or injury, aggravated assault by vehicle and aggravated assault by vehicle while not licensed; and misdemeanor charges of involuntary manslaughter and accidents involving damage to attended property. He was also charged with several summary citations, including driving with a suspended license.
Rivera struck Lutz on Dutchtown Road and fled the scene while driving with a suspended license Oct. 19, according to police. He is being held in the Butler County Prison in lieu of $500,000 bail.
Senior Judge Christopher St. John scheduled the trial Friday during a conference he presided over by phone.
Several motions filed by assistant public defender Joseph Smith, who is representing Rivera along with assistant public defender Kimberly Hudak, were discussed during the conference.
The motions seek dismissal of the charges because the district attorney’s office has exceeded the time limit to bring the case to trial, exclude evidence and to impanel a jury from outside the county due to pretrial publicity of the case. Issues about questioning potential jurors during the voir dire, or preliminary examination, process also were discussed.
St. John said he will issue orders for the attorneys to file briefs on the motions for the time limit dismissal and to exclude evidence by Aug. 4 or Aug. 7; and to submit potential juror questions and proposed jury instructions by the end of August.
The need for an outside jury can’t be determined until jury selection begins because reading news stories about the case doesn’t necessarily mean a potential juror can’t be impartial, St. John said.
He said the case has received substantial news coverage and he finds it troubling that potential jurors, especially younger people, will look up court cases after receiving a notice to report for jury duty.
In addition, St. John said he will ask potential jurors the questions submitted by the attorneys. He said voir dire was conducted that way and worked well when he was a full-time judge in Mercer County. If necessary, attorneys can ask potential jurors certain questions at side bar, away from the rest of the jury pool, he said.
Smith said traditionally in Butler County, attorneys have the opportunity to question potential jurors.
St. John said he prefers to have all potential jurors in the room during voir dire, but will leave that issue open.
Smith said he believes individual voir dire results in better juries.
Assistant district attorney Ben Simon didn’t object to St. John asking voir dire questions or having the jury pool in the room during voir dire.
