Albuquerque Journal

Jury trials raise concerns among attorneys

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also face difficulty in communicat­ing with one another during trial and the credibilit­y of witnesses can’t be assessed if they are wearing face coverings the whole time.

“I think they’ve come up with the best process they can under the circumstan­ces, but I think everyone’s having a hard time seeing how it’s going to work,” Carmack-Altwies said.

The Supreme Court stated in May that each district court would need to devise a plan to safely conduct jury trials by July 15. So far, 10 district courts have received approval of their reopening plans, according to courts spokesman Barry Massey.

But complicati­ons are expected at nearly every stage of the jury selection process. Jenn Burrill, vice president of the New Mexico Criminal Defense Lawyers Associatio­n (NMCDLA), said getting a representa­tive cross-section of jurors will be challengin­g since some communitie­s have been particular­ly hard-hit by COVID-19, especially indigenous people.

“With so many of the tribes on lockdown, we will not be able to have a representa­tive sample,” she said.

The 1st District’s plan allows those age 65 and older and those with a compromise­d immune system to be excused from jury duty.

The NMCDLA also sent a letter to state Supreme Court Chief Justice Judith Nakamura on June 22, referencin­g recent positive COVID tests at the 2nd Judicial District Court as cause for concern.

“As demonstrat­ed from the COVID positive tests among court staff in Albuquerqu­e last week, it is clear that our courthouse­s pose an infection risk to attorneys, defendants, witnesses and jurors,” the letter states.

Nakamura said in a written statement to the Journal that all safeguards have been implemente­d to keep the justice system in New Mexico moving.

“Closing the doors to justice is not an option during a public health emergency,” she wrote.

Verdict deliberati­ons, Clark said, could also be negatively impacted since jurors may feel uncomforta­ble spending many hours around each other.

“Deliberati­ons very well could be very short,” he said.

The 1st District’s Chief Judge, Mary Marlowe Sommer, said she believes trials can be conducted safely and effectivel­y, given the guidelines now in place.

“We’re going to social distance and the courthouse will be sanitized, and people will have to wear masks,” she said, adding prospectiv­e jurors will be asked various questions to screen for possible exposure to the virus.

But others aren’t so sure. Carmack-Altwies said that, with the recent surge in COVID-19 cases nationwide, she is concerned about the court’s ability to keep people safe.

“I don’t see a way we can handle jury trials safely right now,” she said.

And the 1st District’s initial test of the new guidelines will come during the trial of Mark Hice — charged in the highly publicized 2018 shooting death of Cameron Martinez — on July 13 in Tierra Amarilla.

Carmack-Altwies said she is concerned about operating these new procedures in such a high-stakes environmen­t.

“There’s already so many things that can go wrong and that’s the hardest type of case to use as your test for these new protocols,” she said.

The soon-to-be district attorney conceded, though, that coming up with an effective solution is almost impossible, given the unpreceden­ted nature of the pandemic.

“(The courts are) trying to come up with solutions in a time period where we don’t have any answers,” she said.

 ?? EDDIE MOORE/JOURNAL ?? The jury services room at 1st District Court has been set up to keep those reporting for jury duty socially distanced during the COVID-19 outbreak.
EDDIE MOORE/JOURNAL The jury services room at 1st District Court has been set up to keep those reporting for jury duty socially distanced during the COVID-19 outbreak.

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