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During his more than 30-year legal career, Rick Robinson estimates that hes conducted well in excess of 500 trials.
But when jurors had a question this last time, Robinson, a defense attorney in York, was faced with a dilemma: they were weighing the case inside the courtroom to ensure social distancing, instead of the jury deliberation room.
His client, Richard Schock, was being held in lockup while the jury deliberated because he couldnt post $100,000 bail on charges of drug delivery resulting indeath and related crimes.
But juries aren'tsupposed to know thatdefendantsareincarcerated thats highly prejudicial and could trigger a mistrial. Normally, deputy sheriffs first bring them out of the holding cell. Then, jurors reenter the courtroom.
So Robinson said he navigated through the York County Judicial Center and made it back to the holding cell. He and his client then walked from lockup and through the door to the courtroomtogether, as if they had simply been meeting in a conference room.
Welcome to criminal jury trials in the age of COVID-19.
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Because of the COVID-19 pandemic, jurors are spaced out in the courtroom and don't all sit in the jury box to accommodate social distancing. The setup is shown recently in a smaller courtroom in the York County Judicial Center.(Photo: Paul Kuehnel, York Daily Record)
Now that Ive done two of them, Im kind of used to it, Robinson said. Under the circumstances, I thought it went pretty well.
In July, York County resumed holding jury trials for the first time since the coronavirus pandemic thats killed more than 140,000 people and upended everyday life in the United States.
Between July 6 and 17, judges conducted six criminal jury trials, Court Administrator Paul Crouse said in an email. The courts have implemented various safety measures, he said, including shifting counsel tables away from the jury box, creating more space between jurors and installing plexiglass barriers in several places.
Everyone whos in the presence of jurors has to wear a mask at most times. People have to undergo a temperature check before they enter the courthouse. Two criminal court judges instead of all five are holding trials at once.
Crousesaid whenever people receive a summons for jury serviceand complete their questionnaire online, they have the option to defer to a future date. Butvery few jurors expressed concerns about serving.
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Plexiglass shields at the York County Judicial Center face the witness stand and the judge.(Photo: Paul Kuehnel, York Daily Record)
By all reports, things went really well, said President Judge Joseph C. Adams, who added that the judiciary next plans to see if the smaller courtrooms can work with social distancing.
On Monday, Adams entered an order extending the local judicial emergency through the end of 2020, which allows the courts to limit in-person access to hearings for health and safety reasons and use technology including Zoom to conduct some proceedings.
People must wear masks at all times in areas of the building directly accessible to members of the public. Elected officials can establish their own protocols for employees in areas of their departments that are not directly accessible to the public, according to the order.
When Shelva Innerest received her summons for jury duty, she said her first reaction was, Oh, no.
Innerst, 78, said she wasnt bothered because of COVID-19. Instead, she said, it was the third time that shes been called for service. But she decided to do her civic duty.
During her service, Innerst said, she had to wear a mask. Court staff limited the number of jurors in the elevator to four at a time. People practiced social distancing in the jury assembly room.
I felt comfortable, because they were taking a lot of precautions, said Innerst, a retired barista who lives in North Hopewell Township.
Ron Gross, a defense attorney in York, said he experienced some hiccups during a three-day trial.
First, Gross said, potential jurors were sitting out of order during jury selection. Lawyers had to address legal issues with the judge talking into a headset. And witnesses testified behind plexiglass.
It was definitely challenging, Gross said.
He expressed concerns that some of the changes could negatively reflect on defendants. The position of the tables, with the defense off to the side. The physical distance between defense attorneys and their clients. Jurors, he said, pay attention to nonverbal communication.
The experience, he said, was awkward and uncomfortable. But Gross said he believes that the criminal justice system is doing its best. Courtrooms, he said, are designed for people to interact.
ALSO OF INTEREST: York County Prothonotary's Office employee tests positive for COVID-19, but public not told
A temperature scanner is used on everyone entering the York County Judicial Center.(Photo: Paul Kuehnel, York Daily Record)
Deputy Prosecutor Mark Monroe tried two cases this month.
Monroe said the safety of everyone is of the upmost importance. So if that causes minor inconveniences, he said, its something you accept.
Because hes relatively new, Monroe said, he wasnt completely cemented in the normal way of doing trials. He said he was able to focus on his cases once the proceedings got underway.
I just appreciate that members of the community are willing to come in, Monroe said, and make sure the courts can fulfill their role of seeking justice.
Contact Dylan Segelbaum at 717-771-2102.
Read or Share this story: https://www.ydr.com/story/news/crime/2020/07/24/york-county-resumes-holding-jury-trials-with-precautions-amid-covid-19/5456207002/
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