Trials restart next week in Orange, Osceola counties
Here’s what those respective jurors can expect to hear
Juries in Orange and Osceola counties will return to court next week to resume criminal trials after a nearly seven-month hiatus, with smaller juror pools, clear face masks and a lot of hand sanitizer, according to the circuit’s chief judge.
Trials have been suspended in the Ninth Judicial Circuit since March in an effort to stop the spread of the new coronavirus, leading to a significant backlog of cases, said Chief Judge DonaldMyers Jr. Thecircuit decided to start trials again after a decline in local COVID-19 infections, he said.
Asmall groupof potential trial jurors will report for duty at the courthouse Oct. 23, while a grand jury will be reconvened Oct. 22. Myers said judges and court staff have worked diligently to prepare for more inperson legal proceedings and are “excited” about restarting trials.
“Wewant to ensure the safety and well being of every person that comes into this courthouse, whether they are a lawyer, a judge, a juror, a staff worker — whoever itmay be that’s coming in,” he said. “… That meanswe’re going to err on the side of caution.”
But some lawyers are concerned about how restarting trials nowwill affect themakeup of juries, aswell as their ownhealth and the safety of their clients, some of whom are jail inmates.
“I’m an older attorney. I have a lifelong history of asthma,” said defense attorney RogerWeeden. “… It’s well settled that people can have [COVID-19] and be asymptomatic. I’m concerned about the transparency from the [Orange County Jail] because it has not been totally transparent and forthcoming.”
Myers said lawyers can communicate their concerns to the judge on their case, which Weeden said he plans to do.
About 60 jurors will convene next week at the Orange County Courthouse after passing a health screening and temperature check at the door, Myers said. Jurors will be asked to stay home and isolate if they’re feeling symptoms or have come into close contact with someone who’s been diagnosed with the virus.
People can also be excused from jury duty or have their service postponed for other reasons associated with COVID-19, like if they are at higher risk for severe illness; are the only available care provider for a child or relative; have recently returned towork after being unemployed; or have suffered a financial or personal loss, according to rules issued by the Florida Supreme Court.
Once inside, they’ll go a room that can normally hold 350 prospective jurors. Then, a panel of 25 to 30 jurors will be sent to a socially distanced courtroom. Before being questioned, jurors will be given masks with foam around the nose and chin and a
clear plastic panel in the front, so attorneys can see facial expressions.
“It’s necessary for us to have a good sense of people’s candor, their comfortableness with certain issues, whether they are good communicators or whether they struggle with communication — all of those things are an important part of the jury selection process,” Myers said.
A panel of six jurors and one or two alternate jurors will be chosen and given regular masks to wear during the trial starting Oct. 26, according to the chief judge. Testifying witnesses will be given clear masks and the courtroom will be disinfected constantly, he said.
“At night, we’ll have an ultra-deep cleaning sort of experience for the courtroom,” he said.
Attorneys and their clients will also be socially distanced from each other. Myers said. Inmates who have flu-like symptoms won’t be transported to the courthouse, evenif itmeans delaying cases.
As of Oct. 6, 207 inmates at the Orange County Jail had tested positive since the coronavirus pandemic began, but currently no inmates at the jail are infected with the virus, spokeswoman Tracy Zampaglione said. At the Osceola County Jail, 48 inmates have tested positive for COVID-19 as of Oct. 7, spokeswoman Hope Hicka said.
Myers said the first trial will be a felony case, and he anticipates it lasting two to three days. Death penalty cases, which require 12-person juries, won’t resume yet.
The circuit is aiming to try three cases the week of Oct. 26, Myers said, then “we can talk about slowly ramping up to multiple courtrooms running at the same time.”
Some defense attorneys arewary of having their clients stand trial under the new rules.
Defense lawyer Terence Lenamon said he is concerned that the COVID-19-related provisions for excusing jurors could affect the makeup of juries.
Black and Latino people have been disproportionately impacted by the virus across the country, including Central Florida, which could result in whiter juries, he said.
“It’s clearly going to be affecting minorities and peoplewhoare not going to be able to serve because of finances,” he said.
Attorneys are also concerned about being able to communicate privately with a client during trial while wearing masks, said
RachelMattie, secretary for the Central Florida Association of Criminal Defense Lawyers.
“There are a lot of times during jury trials when you have to speak to your client,” she said. “Being able to do so safely through a mask might not be feasible.”
Also, a limited number of judges will be doing the trials, which means they’ll have to catchupto speed on cases that are new to them, Mattie said.
The circuit has provided attorneys with a list ofmore than 200 cases that could potentially go to trial in the comingweeks.
“Some clients are ready to take their case to trial, so they’re eager,” Mattie said.
“They’re ready for their day in court. I think as far as defendants in custody, they’re ready to have that right to a jury trial that the Constitution grants them.”
Orange County Bar Association President LaShawndaK. Jackson said attorneys are excited about trials coming back.
“The court is doing everything in their power to make it safe,” she said. “… I just hope everybody is patient and understanding that this is the world we’re living in right now and everybody is doing their best to get back to having justice for everybody.”