MACHIAS, Maine — The trial of an East Machias man charged with manslaughter in connection with a crash that killed a Whiting teenager last year has been continued because not enough jurors could be picked to hear the case.
Paul Cavanaugh said it was the first time in his more than 20 years as a prosecutor that a jury could not be selected to try a Washington County case. In addition, the first assistant district attorney said it was the first time the juror screening process lasted more than a day. It wrapped up Tuesday.
As a result, the trial of Aaron Foss that had been scheduled to begin Wednesday has been continued until September. He was indicted for manslaughter by a Washington County grand jury in May 2013.
Foss was the driver of a pickup truck that went off Route 191 and crashed into a utility pole and a tree in February 2012, according to police. A passenger, Francis Finn, 16, was killed instantly. Maine State Police said speed and alcohol likely were factors in the fatal crash. Foss, 22 at the time he was indicted, also was charged with reckless conduct and driving to endanger.
The crash drew additional public attention since Finn was a student at Washington Academy, where he was a member of the football, basketball and baseball teams.
Defense attorney Donald Brown of Brewer indicated Tuesday that he would file a motion for change of venue in order to have the trial moved to a different county, according to Cavanaugh. Brown was not immediately available for comment.
A pool of 96 potential jurors initially was selected for consideration. Normally, a pool of about 75-80 potential jurors would be identified to start the process, Cavanaugh said Tuesday.
“We knew this case would have some extra attention,” he said.
Members of the pool first were given a questionnaire to determine their suitability for serving on the jury. Based on their responses, the pool was narrowed down to 45, and they were interviewed.
From that number, only 26 were deemed qualified to serve — not enough to pick a jury from, said Cavanaugh. Some were disqualified because of health, their knowledge of the case, or other reasons.
Thirty-two people typically are needed to finally seat a 12-member jury, explained Cavanaugh, because each attorney is allowed to challenge or exclude eight people and a few alternates may be designated.
Cavanaugh said he was not sure yet if he would oppose the motion for a change in venue. “My preference would be to try it here,” he said.
The case is expected to take about three days to try before a jury, said Cavanaugh.