Jury trials resume in age of COVID-19

CANTON — A child testified in a rape trial, her voice soft and difficult for jurors to hear from behind plexiglass dividers several feet away.

So the child was encouraged to raise her voice and the trial continued uninterrupted.

It was among the examples of how criminal trials have resumed in the age of the COVID-19 pandemic with a host of health and safety precautions and modifications.

However, the first coronavirus-era jury trial in Stark County Common Pleas Court occurred last week largely unaffected by the extensive protocols implemented by the judges and court staff.

Among the most noticeable changes was conducting jury selection off-site at the Cultural Center for the Arts to allow for social distancing.

During the trial, in the courtroom of Judge Frank Forchione, plexiglass was visible in many areas, including at the defense and prosecution tables, as well as the witness stand. Other measures were taken, including encasing documents in protective sleeves and the use of rubber gloves to handle evidence.

Hand sanitizer was availed to jurors. Maintenance staff rigorously disinfected courtroom seating during breaks.

But despite those visual reminders of the public health crisis — including the judge, jurors, attorneys and defendant wearing face coverings or masks — the trial functioned as any other in a criminal justice sense.

Opening statements, closing arguments, testimony, direct examination, cross-examination and a verdict finding a Plain Township man guilty of one count of child rape while acquitting him of a second rape charge.

“It felt normal”

Stark County Assistant Prosecutor Daniel Petricini commended the judges, court officials and others who invested hours of planning into the Covid-related precautions.

“The court has done an amazing job in creating these protocols,” he said. “The only thing that was difficult was out at the (Cultural Center for the Arts) — it was very hard to hear jurors beyond the third row (during jury selection) because of the acoustics in the room.”

Judges will address that point, he said.

Once the trial started, he got used to wearing a face covering and viewing jurors through plexiglass.

“I thought it would be more of a burden and then it was fine,” Petricini said. “’Once we got into the actual trial at the courthouse, it felt normal. I hardly noticed any of the barriers up.”

Most unusual for the longtime assistant prosecutor was the inability to address jurors from straight ahead, Petricini said.

Instead, he spoke to them from an angle while standing at a lectern.

“I paced a little bit but it was difficult to remain as stationary as possible during opening and closing,” Petricini admitted.

‘Science fiction movie’

Forchione, the judge who presided over the first COVID-ERA trial, said it went smoothly.

“They were a great jury,” he said. “I think hats go off to our jury commissioners, sheriff, judges and court reporters for the work that they did the last four months planning this operation.

“Failing to prepare is preparing to fail,” Forchione added. “And this is a good example of what proper preparation can do.”

Bathroom breaks were longer than in a typical trial because restrooms were limited to two people at a time to allow for social distancing, he said.

Asked for other observations, the judge offered: “I think the lawyers are a little frustrated they can’t move around (but) we have to keep them stationed at the podium but that’s a minor thing.”

He also acknowledged the trial initially felt surreal to him.

“This is one of those stories that you’ll tell young law students about,” he said. “There is nothing that can train you for it. I felt like I was in some kind of science fiction movie.”

Perspective of a juror

Kimberly Barnes, 53, of Canton, served on her first jury during unprecedented times.

The pandemic didn’t worry her as much as the time commitment.

Barnes praised Forchione: “He made you feel good with his explanations (regarding the trial process and health precautions) and he seemed like a genuinely concerned person.”

Asked what advice she would offer prospective jurors, Barnes said: “I’d tell them don’t fear — they’re taking every precaution to make sure you are safe.”

Meetings, meetings, meetings

Dwaine Hemphill, common pleas court administrator, said the pandemic “puts a lot more burden on our maintenance staff to do the constant sanitizing during the breaks, and at the end of the day, that’s a whole new responsibility they have on top of their regular work.”

Roughly $50,000 has been spent on Covid-related supplies and equipment, including hand sanitizer, face coverings, face shields and plexiglass.

“So that was an expense that was not anticipated,” Hemphill explained.

County government is hopeful it will be reimbursed for those expenses through the federal government.

Two new groups were formed to address pandemic issues, he said.

“They had 13 judicial crisis meetings ... about crisis protocol and safety related to everything going on with court,” Hemphill said.

The jury trial task force met 11 times over the last few months, he said, noting members included not only judges but representatives of different agencies and departments.

“That’s 24 meetings over a few months just to make sure they’re thinking of everything they could and to make sure it was safe for everyone involved,” Hemphill added.

More trials

More felony criminal scheduled this week.

Petricini expects trials during the pandemic to become the new normal at the courthouse.

“I got the vibe from jurors they felt very comfortable,” he said. “No one seemed to be preoccupied with the fact this is an ongoing thing, the pandemic.”

“Hopefully, we can start getting back into a more normal swing of things,” the assistant prosecutor said. “We do have to try cases because it’s been so long.” trials are