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Coughing Lawyers. Uneasy Jurors. Can Courts Work Under Coronavirus? Coughing Lawyers. Uneasy Jurors. Can Courts Work Under Coronavirus?
(about 3 hours 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.
Updated June 22, 2020 Updated June 24, 2020
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
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.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.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
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.
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.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.)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.)
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’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.
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.
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.