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Coughing Lawyers. Uneasy Jurors. Can Courts Work Under Coronavirus? Coughing Lawyers. Uneasy Jurors. Can Courts Work Under Coronavirus?
(2 months later)
State judges in New York are using video to preside remotely over arraignments of criminal defendants. The Brooklyn district attorney’s office has suspended prosecution of some low-level crimes.State judges in New York are using video to preside remotely over arraignments of criminal defendants. The Brooklyn district attorney’s office has suspended prosecution of some low-level crimes.
The mayor’s office has asked the courts to release some older defendants from the Rikers Island jail, where most of the city’s 5,400 inmates are housed closely together, guarded by thousands of corrections officers.The mayor’s office has asked the courts to release some older defendants from the Rikers Island jail, where most of the city’s 5,400 inmates are housed closely together, guarded by thousands of corrections officers.
Coronavirus has utterly disrupted the criminal justice system, leaving crowded courts, prisons and jails especially susceptible to the outbreak. In New York and across the country, officials have had to improvise to keep the system running, struggling to balance the need to maintain public order and ensure people’s rights with growing concerns about public health.Coronavirus has utterly disrupted the criminal justice system, leaving crowded courts, prisons and jails especially susceptible to the outbreak. In New York and across the country, officials have had to improvise to keep the system running, struggling to balance the need to maintain public order and ensure people’s rights with growing concerns about public health.
In the past two weeks, in New York and other cities, the courts have not quite come to a halt, but they have slowed to a crawl. Trials have been delayed; grand juries have been put on hold; and sentencings have been postponed. Judges have been urged to avoid conducting hearings in person.In the past two weeks, in New York and other cities, the courts have not quite come to a halt, but they have slowed to a crawl. Trials have been delayed; grand juries have been put on hold; and sentencings have been postponed. Judges have been urged to avoid conducting hearings in person.
Defendants charged with less serious crimes in New York may end up released from pretrial custody because no grand jury can meet to indict them, officials and legal experts said. Other defendants could find themselves languishing in jail for extra weeks or months before a trial.Defendants charged with less serious crimes in New York may end up released from pretrial custody because no grand jury can meet to indict them, officials and legal experts said. Other defendants could find themselves languishing in jail for extra weeks or months before a trial.
The governor in the coming days may have to decide whether to suspend New York’s criminal procedure law so that defendants accused of serious crimes who have not yet been indicted can continue to be detained. That happened after the Sept. 11, 2001, attacks and after Hurricane Sandy in 2012.The governor in the coming days may have to decide whether to suspend New York’s criminal procedure law so that defendants accused of serious crimes who have not yet been indicted can continue to be detained. That happened after the Sept. 11, 2001, attacks and after Hurricane Sandy in 2012.
Already, two special state courts — in Midtown Manhattan and Red Hook, Brooklyn — have been set aside as isolation areas for newly arrested people who are showing symptoms of the virus.Already, two special state courts — in Midtown Manhattan and Red Hook, Brooklyn — have been set aside as isolation areas for newly arrested people who are showing symptoms of the virus.
“It’s an extraordinary circumstance we’re going through, especially because there’s no end in sight,” said the Queens district attorney, Melinda Katz. “This is a fluid situation, and I don’t think there are any easy answers.”“It’s an extraordinary circumstance we’re going through, especially because there’s no end in sight,” said the Queens district attorney, Melinda Katz. “This is a fluid situation, and I don’t think there are any easy answers.”
State and federal courts generally remain open, but posters outside the courthouses said people with flulike symptoms should not enter the building. Still, there were no obvious signs of enforcement of that rule, and city courthouses this week were filled with the sound of coughing.State and federal courts generally remain open, but posters outside the courthouses said people with flulike symptoms should not enter the building. Still, there were no obvious signs of enforcement of that rule, and city courthouses this week were filled with the sound of coughing.
Civil courts and family courts are holding hearings only on important matters like child protection proceedings. And housing courts have been scaled back too, as evictions statewide stand suspended until further notice.Civil courts and family courts are holding hearings only on important matters like child protection proceedings. And housing courts have been scaled back too, as evictions statewide stand suspended until further notice.
Court technicians are scrambling to set up monitors for video conferencing to link inmates in jail to prosecutors and defense lawyers in a physical courtroom.Court technicians are scrambling to set up monitors for video conferencing to link inmates in jail to prosecutors and defense lawyers in a physical courtroom.
Cyrus R. Vance Jr., the Manhattan district attorney, is laying down plans to allow prosecutors and investigators to work remotely on broad investigations, according to his chief assistant, Karen Friedman Agnifilo.Cyrus R. Vance Jr., the Manhattan district attorney, is laying down plans to allow prosecutors and investigators to work remotely on broad investigations, according to his chief assistant, Karen Friedman Agnifilo.
Defense lawyers, meanwhile, have been pushing to free people from jail who might be at risk if they get the disease. The first case of the coronavirus among inmates on Rikers Island was diagnosed on Wednesday: a man who had contact with dozens of other detainees. Three correction officers and a captain have also been infected with the virus.Defense lawyers, meanwhile, have been pushing to free people from jail who might be at risk if they get the disease. The first case of the coronavirus among inmates on Rikers Island was diagnosed on Wednesday: a man who had contact with dozens of other detainees. Three correction officers and a captain have also been infected with the virus.
On Wednesday night, Mayor Bill de Blasio said he would work with district attorneys and the courts to release “vulnerable” inmates within the next 48 hours to curb the spread of the infection in the city jails. Los Angeles has already taken similar steps.On Wednesday night, Mayor Bill de Blasio said he would work with district attorneys and the courts to release “vulnerable” inmates within the next 48 hours to curb the spread of the infection in the city jails. Los Angeles has already taken similar steps.
The Brooklyn district attorney, Eric Gonzalez, said this week that his office would stop prosecuting low-level, nonviolent offenses, including trespassing and shoplifting.The Brooklyn district attorney, Eric Gonzalez, said this week that his office would stop prosecuting low-level, nonviolent offenses, including trespassing and shoplifting.
Still, law enforcement officials said some arrests will go forward, especially in cases of violent crime.Still, law enforcement officials said some arrests will go forward, especially in cases of violent crime.
On Wednesday, federal prosecutors in Manhattan and state prosecutors in the Bronx announced a joint takedown of 14 defendants who were accused of involvement in a gang that carried out murder and assault. Eight defendants were led into federal court to be arraigned, one by one, wearing face masks.On Wednesday, federal prosecutors in Manhattan and state prosecutors in the Bronx announced a joint takedown of 14 defendants who were accused of involvement in a gang that carried out murder and assault. Eight defendants were led into federal court to be arraigned, one by one, wearing face masks.
The decision to postpone most trials, though sensible from a public health standpoint, could ultimately lead to complications should the defense decide to argue that the measure violates speedy trial rules, legal experts said.The decision to postpone most trials, though sensible from a public health standpoint, could ultimately lead to complications should the defense decide to argue that the measure violates speedy trial rules, legal experts said.
The suspension of grand juries also raises serious legal issues, the experts said.The suspension of grand juries also raises serious legal issues, the experts said.
In New York, state prosecutors have 120 hours to either indict or release a defendant held in jail on a felony charge. But under the new rules put in place because of the coronavirus, grand juries in New York can be convened only under “exceptional circumstances,” and those have not yet been defined.In New York, state prosecutors have 120 hours to either indict or release a defendant held in jail on a felony charge. But under the new rules put in place because of the coronavirus, grand juries in New York can be convened only under “exceptional circumstances,” and those have not yet been defined.
Tina Luongo, chief criminal defender of the Legal Aid Society, said the police and prosecutors should not “add a single person to Rikers at this point.”Tina Luongo, chief criminal defender of the Legal Aid Society, said the police and prosecutors should not “add a single person to Rikers at this point.”
“The real concern is what is the effect of arresting someone and setting bail and there is not going to be a grand jury impaneled,” she said.“The real concern is what is the effect of arresting someone and setting bail and there is not going to be a grand jury impaneled,” she said.
On Wednesday, David M. Hoovler, president of the District Attorneys Association of New York, sent a letter to Gov. Andrew M. Cuomo asking him to issue an executive order that would suspend the 120-hour rule for indictments as well as delay speedy trial deadlines. The group also asked the governor to relax rules that require prosecutors to turn over evidence and information about witnesses to the defense.On Wednesday, David M. Hoovler, president of the District Attorneys Association of New York, sent a letter to Gov. Andrew M. Cuomo asking him to issue an executive order that would suspend the 120-hour rule for indictments as well as delay speedy trial deadlines. The group also asked the governor to relax rules that require prosecutors to turn over evidence and information about witnesses to the defense.
“I cannot stress the urgency behind the need to act on this matter to ensure that justice is served and that we are minimizing the spread of Covid-19,” Mr. Hoovler wrote.“I cannot stress the urgency behind the need to act on this matter to ensure that justice is served and that we are minimizing the spread of Covid-19,” Mr. Hoovler wrote.
Richard Azzopardi, a senior adviser to Mr. Cuomo, said, “We’re reviewing the situation.”Richard Azzopardi, a senior adviser to Mr. Cuomo, said, “We’re reviewing the situation.”
As caseloads have shrunk and the city’s bustling courthouses have largely emptied out, the few people who have had no choice but to go into the courts have encountered unsettling scenes.As caseloads have shrunk and the city’s bustling courthouses have largely emptied out, the few people who have had no choice but to go into the courts have encountered unsettling scenes.
In Brooklyn criminal court this week, for instance, a woman in a surgical mask waited in the hallway for her daughter’s arraignment, coughing repeatedly.In Brooklyn criminal court this week, for instance, a woman in a surgical mask waited in the hallway for her daughter’s arraignment, coughing repeatedly.
Lawyers wearing latex gloves whispered into their clients’ ears, next to a dwindling bottle of hand sanitizer. At one point on Monday afternoon, 22 people crowded before the judge in a stuffy courtroom.Lawyers wearing latex gloves whispered into their clients’ ears, next to a dwindling bottle of hand sanitizer. At one point on Monday afternoon, 22 people crowded before the judge in a stuffy courtroom.
Updated June 1, 2020
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
More than 40 million people — the equivalent of 1 in 4 U.S. workers — have filed for unemployment benefits since the pandemic took hold. One in five who were working in February reported losing a job or being furloughed in March or the beginning of April, data from a Federal Reserve survey released on May 14 showed, and that pain was highly concentrated among low earners. Fully 39 percent of former workers living in a household earning $40,000 or less lost work, compared with 13 percent in those making more than $100,000, a Fed official said.
Yes, but make sure you keep six feet of distance between you and people who don’t live in your home. Even if you just hang out in a park, rather than go for a jog or a walk, getting some fresh air, and hopefully sunshine, is a good idea.
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
Charity Navigator, which evaluates charities using a numbers-based system, has a running list of nonprofits working in communities affected by the outbreak. You can give blood through the American Red Cross, and World Central Kitchen has stepped in to distribute meals in major cities.
In a Manhattan courthouse, a defense lawyer stricken with a fever and cough quarantined himself in a private room with a speakerphone and tried to continue to defend his client, a doctor on trial on charges of sexually abusing a patient.In a Manhattan courthouse, a defense lawyer stricken with a fever and cough quarantined himself in a private room with a speakerphone and tried to continue to defend his client, a doctor on trial on charges of sexually abusing a patient.
The judge, Ruth Pickholz, ended up declaring a mistrial when the lawyer, Donald Vogelman, was unable to hear a witness properly.The judge, Ruth Pickholz, ended up declaring a mistrial when the lawyer, Donald Vogelman, was unable to hear a witness properly.
Moments later, Mr. Vogelman erupted into a coughing fit.Moments later, Mr. Vogelman erupted into a coughing fit.
“You should leave the building now,” Justice Pickholz said.“You should leave the building now,” Justice Pickholz said.
The defendant, Eric Braverman, asked for a new lawyer to finish his case.The defendant, Eric Braverman, asked for a new lawyer to finish his case.
“Your honor, there will be a three-month delay minimum until I get a trial,” he said.“Your honor, there will be a three-month delay minimum until I get a trial,” he said.
The judge denied his plea.The judge denied his plea.
Other judges and juries have raced to wrap up trials that started before the pandemic hit the city. In a federal sex trafficking trial in Brooklyn, jurors began deliberating last Friday and opted to stay late, reaching a verdict around 10 p.m.Other judges and juries have raced to wrap up trials that started before the pandemic hit the city. In a federal sex trafficking trial in Brooklyn, jurors began deliberating last Friday and opted to stay late, reaching a verdict around 10 p.m.
Some trials were put on hold.Some trials were put on hold.
On Monday, a federal judge in Manhattan suspended a sex-trafficking trial, ruling that the jurors would be unable to deliberate safely in the jury room and could be too anxious about infection to focus on reaching a verdict.On Monday, a federal judge in Manhattan suspended a sex-trafficking trial, ruling that the jurors would be unable to deliberate safely in the jury room and could be too anxious about infection to focus on reaching a verdict.
“It is untenable to continue with this trial now or at any time as long as the current public health crisis persists,” Judge Paul A. Engelmayer said.“It is untenable to continue with this trial now or at any time as long as the current public health crisis persists,” Judge Paul A. Engelmayer said.
In another trial in the same court, Judge Alison J. Nathan made an apparently unprecedented decision: She allowed an ailing juror to continue deliberating remotely, using FaceTime.In another trial in the same court, Judge Alison J. Nathan made an apparently unprecedented decision: She allowed an ailing juror to continue deliberating remotely, using FaceTime.
“We are under extraordinary circumstances,” she explained.“We are under extraordinary circumstances,” she explained.
The court system has also struggled with absences as employees quarantine themselves, from janitors to judges. Even the chief judge of the Southern District federal court, Colleen McMahon, worked for several days this week under a self-imposed quarantine.The court system has also struggled with absences as employees quarantine themselves, from janitors to judges. Even the chief judge of the Southern District federal court, Colleen McMahon, worked for several days this week under a self-imposed quarantine.
Judge McMahon, 68, isolated herself last week after learning that a friend she sang with in her church choir practice was ill and awaiting testing.Judge McMahon, 68, isolated herself last week after learning that a friend she sang with in her church choir practice was ill and awaiting testing.
The judge set herself up in her Manhattan apartment, running operations from her dining room table. She returned to work on Thursday.The judge set herself up in her Manhattan apartment, running operations from her dining room table. She returned to work on Thursday.
During her quarantine, she said, she had been “sharing the experience of everyone who is working remotely.”During her quarantine, she said, she had been “sharing the experience of everyone who is working remotely.”
Susan C. Beachy contributed research.Susan C. Beachy contributed research.