San Francisco Chronicle

S.F. court elects to postpone jury trials

- By Bob Egelko

Citing the resurgence in coronaviru­s cases, the San Francisco federal court postponed jury trials Thursday until October, even as a handful of trials proceed in local courts.

“Due to a recent increase in COVID19 cases and in light of the current guidance of public health agencies, the public safety will be best served by limiting the permissibl­e incourt criminal proceeding­s to 10 people, which necessaril­y precludes jury trials,” judges in the Northern District of California said in a statement.

The court is based in San Francisco and also has courthouse­s in Oakland, San Jose and Eureka.

The court had previously allowed federal jury trials to resume July 1 after suspending them for several months.

In a case that had been put on hold shortly after it began in March, a jury in San Francisco on July 10 convicted a Russian man, Yevgeniy Nikulin, of hacking into U.S. computer accounts in 2012 in the business networking site LinkedIn, the cloud storage firm Dropbox and the nowdefunct social networking site Formspring and selling the informatio­n. Nikulin, 32, has been in custody since late 2016 and is scheduled to be

sentenced in September.

Other pending trials had been postponed and can be reschedule­d starting in October. For now, the court said, newly arrested defendants will make their initial court appearance­s before a federal magistrate by telephone or video conference. Other pretrial proceeding­s may be conducted in courtrooms if attendance can be limited to 10 people, the court said.

Jury trials in civil cases are also postponed, but judges can offer to conduct the trials remotely without a jury if both sides agree, the court said.

In state courts, by contrast, counties across California have been resuming jury trials on their own schedules since a 60day statewide freeze, ordered by Chief Justice Tani CantilSaka­uye, expired May 25. San Francisco waited longer than most counties but began its first criminal trial since March on Monday.

But San Mateo County courts, which had resumed criminal jury trials five weeks earlier, halted them for 30 days on Monday after jurors in an ongoing trial were possibly exposed to a court employee who tested positive for COVID19.

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