GREENFIELD — The trial for defendant Brittany Smith in the double homicide case has been delayed in Franklin County Superior Court because of an existing case in court.
Jury selection was scheduled begin Monday morning for the trial for Smith, 29, of Athol, who has pleaded not guilty to charges related to the murder of Thomas Harty, 95, and the fatal wounding of Harty’s wife, Joanna Fisher, 77, during an Oct. 5, 2016, invasion of their 581 East River St. home in Orange.
The prosecution hopes the jury selection will begin Wednesday, Northwestern District Attorney spokeswoman Mary Carey said.
Earlier this month, co-defendant Joshua Hart, 25, of Athol, was convicted on two counts of first-degree murder in the double homicide of the elderly Orange couple. Hart faces a mandatory minimum sentence of life imprisonment without the possibility of parole.
Smith’s lawyer, Mary Ann Stamm, last week requested a change in venue and limits on courtroom use of photos of thevictims’ bodies. Stamm objected to certain aspects of Hart’s trial before Judge John Agostini, who is presiding over the Superior Court case in the Franklin County Justice Center. Agostini has yet to rule on those motions.