GREENFIELD — After eight hours and 80 interviews, eight jurors have been selected in the case of a 2016 homicide of an elderly Orange couple.
The trial of Brittany Smith had been expected to begin today in Franklin County Superior Court, but now will not start until Friday or next Monday as the arduous task of finding unbiased people who haven’t heard about the case continues.
Smith, 29, of Athol is accused of murdering Thomas Harty, 95, and fatally wounding his wife Joanna Fisher, 77, during an Oct. 5, 2016 invasion of the couple’s 581 East River St. home in Orange.
Smith’s co-defendant, Joshua Hart, 25, of Athol has already been convicted on two counts of murder in the first degree, which the prosecution has called a “joint venture” of Smith and Hart.
The hard facts that Hart is guilty and evidence of Smith’s involvement presented in Hart’s trial, including DNA and fingerprint evidence, have caused many who read about the case to believe Smith is guilty as well.
“We ask jurors to decide this case solely on the facts presented and the law that I give you and nothing else,” Superior Court Judge John Agostini said before dismissing a potential juror who believes Smith is guilty.
Almost all of the potential jurors interviewed Wednesday at the Franklin County Justice Center had heard about the murders.
Agostini accepted several who indicated that, while they had heard of the case, they would be able to go into the trial with an open mind.
“We need six more jurors,” Agostini said at the end of the day Wednesday. Fifteen jurors were initially chosen for Hart’s trial, but Agostini said 14 will be enough to decide Smith’s fate.
“If this was a two-week trial, it might not be enough, but everything I’m hearing is it will be a one-week trial,” Agostini said.
If a 14-person jury is selected, 12 jurors will be deliberating jurors, while two will be alternate jurors. While the prosecutor, Assistant District Attorney Jeremy Bucci, was fine with that number, defense lawyer Mary Ann Stamm was not.
“Judge, no, I think we should have more jurors than that,” Stamm said.
Agostini said if the 14 jurors are selected, but there are still people left to interview Thursday — another 50 prospective jurors are expected to show up — the court may proceed until 16 jurors are chosen. Jury selection for Hart’s case was over in one day.
Stamm also filed a motion to preclude evidence, which Agostini denied.
The motion concerned a question police asked Smith in an audio recorded interview. Massachusetts State Police Trooper Stephen Bushay asked Smith if she used a wrench or weapon to strike Fisher in the head.
Fisher was in a wheelchair and recovering from a spinal stroke at the time of the attack. She was found by a Catholic Charities nurse who arrived for a scheduled visit the morning after the attack.
Fisher was able to give several statements to police before dying about a month later from pneumonia caused by her ribs being broken, and Bushay told Smith that Fisher had a very good memory.
But Smith denied that she used a wrench.
“Just my fist,” Smith said.
According to Stamm, playing Bushay’s question for the jury would be prejudicial because of Bushay’s characterization of Fisher and the mention of a weapon Smith denies using.
Agostini ruled the jury will hear the entire interview, calling it “relevant.”
Both Smith and Hart were found in Rockbridge County, Va., after the home invasion. They each gave two interviews to police, during which they made confessions.
According to Bucci, the two were running away together, having stolen the victims’ car and credit cards, to escape the potential consequences of their arrests two days before the home invasion. Smith, a heroin addict, and Hart, who had warrants for his arrest in Pennsylvania, wanted to avoid court-ordered treatment and jail, respectively, the prosecution alleges.
Hart is expected to be sentenced on May 10. The two counts of murder in the first degree carry a minimum sentence of life imprisonment without the possibility of parole.