WILKES-BARRE — A pretrial conference and motions hearing in the case of accused homicide suspect Vito Aiello that was set for June 30 has been pushed back more than a month.
Judge Joseph Sklarosky Jr. approved an Aug. 7 date for the proceeding, according to court documents.
Aiello, 48, is accused of shooting his wife, Jane Aiello, inside their home on Andover Street, Wilkes-Barre, on Sept. 26. She died from gunshot wounds. Vito Aiello survived a self-inflicted gunshot wound to his face.
Sklarosky’s order comes after a week in which the two sides began what could be the first of many battles in the case, in which they sparred — on paper — over a June 2 notice filed by defense attorney Demetrius Fannick signalling his intent to present a mental-infirmity defense for Aiello.
As Luzerne County Assistant District Attorney Frank McCabe wrote in a response filed Friday, Fannick’s motion goes so far as to include the name of a Montgomery County psychiatrist who Fannick might call to testify on Aiello’s behalf, but does not state the “nature, extent and duration of the infirmity” suffered by Aiello.
That, McCabe pointed out, runs counter to the state’s Rules of Criminal Procedure, which require that the notice shall contain “specific available information as to the nature and extent of the alleged infirmity,” and the period of time that the defendant allegedly suffered from insanity or mental infirmity.
Aiello waived a preliminary hearing in November, and pleaded not guilty in March before county Judge Joseph Sklarosky Jr. He remains jailed without bail.