COURT TRIAL-RUN
Officials prepare for return of jury trials during pandemic
To paraphrase the character Fielding Melish in the trial scene of the comedy “Bananas,” the trial in the case of Commonwealth vs. Bruno that opened last week in Chester County Common Pleas Court was a “travesty. A travesty of a mockery of a sham of a mockery of two mockeries of a sham.”
It was, by all account, the very definition of “fake news.”
But it was also vitally important to the administration of justice in the county, according to county court officials.
The county on Thursday convened a creative “trial-run jury trial” to determine what would happen should the county carry through with its planned re-opening of such proceedings in the county Justice Center next month. If the courts do, the county would be the first in the Philadelphia region to resume those sort of trials, although neighboring Berks County has already done so.
The full-scale exercise — with pretend jurors, a fake defendant, pretend witnesses, and aided by real prosecutors and Public Defenders — tested plans to keep jurors safe while preserving the fairness of court proceedings, officials said.
“We are testing all of our protocols just to make sure we
can safely conduct jury trials,” county Court Administrator Patricia NorwoodFoden said in an interview. “And we’re hopeful that we are going to be able to get it right.”
The success of the exercise is necessary if the county is to resume the criminal and civil trials that were suspended with the onset of the COVID-19 pandemic in March.
President Judge John Hall shut the trials down out of public safety concerns after orders by the state Supreme Court, and only recently has opened the courthouse up to almost all of its normal functions. Trials by jury are the final stepping stone to returning to normal or as close to that as is possible in 2020. The jury exercise was created by a design team of planners at the county Department of Emergency Services with expertise in working out in controlled environments how a scenario would play out in real-time. Think an active shooter drill without the fake gunfire, but with black judicial robes. “This isn’t a one-anddone thing” said DES Director Michael P. Murphy Jr. in explaining the department’s efforts for the courts. “We’re using the template for how we do all our exercise. And we are making sure we are putting the process through the appropriate paces.” The test run went from arrival of the “jurors,” to gathering for orientation in the jury assembly room, to the “voir dire” selection process where potential panelists are weeded out, and finally to a trial courtroom where the “jury” would be seated and participants take their newly arranged, socially distant places. The case of Commonwealth vs. Bruno featured defendant Erin Bruno, an assistant county Public Defender; her attorney, county Public Defender Nathan Schenker; Assistant District Attorney Michelle Barrone as the prosecutor; Deputy District Attorney Thomas Ost-Prisco as the case’s affiant; and District Attorney Deb Ryan as a witness. (Bruno was charged with theft by unlawful taking, a felony, and pubic drunkenenss). Judge David Bortner, the administrative judge for the criminal division, oversaw the exercise, peppering not only those courtroom players with questions about how one move or another would be accomplished, but also enlisting the aid of county Health Department Director Jeanne Casner on issues of distancing masking, and the like. The line of sight was tested for jurors and participants as they viewed courtroom evidence. The exercise also tested whether a court reporter would be able to hear witness testimony from behind protective plexiglass installed around the witness box. Jury trials are slated to resume on Aug. 3 in Chester County. The prohibition on indoor events and gatherings of more than 25 persons contained in the governor’s July 15 executive order does not apply to the Judiciary or court functions. Once jury trials begin, those selected for jury trial will be provided with kits that include a face shield, mask, hand sanitizer and wipes. Norwood-Foden and others will gather now with members of the DES team to assess what went right in the exercise, and what needs improvement. There is no guarantee that the county will be ready for jurors come next month, however, “We are hopeful, that is the best thing I can say,” she said.