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| Jurors, Please Remove Your Masks: Courtrooms Confront the Pandemic | Jurors, Please Remove Your Masks: Courtrooms Confront the Pandemic |
| (about 16 hours later) | |
| Dylan Potter, a public defender in Portland, Ore., found himself in late April searching for case law on what had been an obscure legal question: whether witnesses are allowed to wear masks. | Dylan Potter, a public defender in Portland, Ore., found himself in late April searching for case law on what had been an obscure legal question: whether witnesses are allowed to wear masks. |
| He found one decision on whether a confidential informant could testify in a ski mask (no), and another on whether Islamic veils were permitted in court (it depends). | He found one decision on whether a confidential informant could testify in a ski mask (no), and another on whether Islamic veils were permitted in court (it depends). |
| But nothing addressed what Mr. Potter was about to encounter: a jury trial in the midst of a pandemic in which face coverings have become a matter of health and safety. | But nothing addressed what Mr. Potter was about to encounter: a jury trial in the midst of a pandemic in which face coverings have become a matter of health and safety. |
| At the trial, of a man accused of rape and assault, the jurors wore masks as they trooped into court. The judge put his on when lawyers approached the bench. The defendant remained barefaced throughout. | At the trial, of a man accused of rape and assault, the jurors wore masks as they trooped into court. The judge put his on when lawyers approached the bench. The defendant remained barefaced throughout. |
| Courts across the country have managed to conduct a variety of legal proceedings remotely, including arraignments, guilty pleas and bench trials, but Oregon was one of the first states to reinstate in-person jury trials. Their handling provides a glimpse of the near future, and raises new questions about fairness, safety and due process in a court system that, like everything else, is affected by the coronavirus. | Courts across the country have managed to conduct a variety of legal proceedings remotely, including arraignments, guilty pleas and bench trials, but Oregon was one of the first states to reinstate in-person jury trials. Their handling provides a glimpse of the near future, and raises new questions about fairness, safety and due process in a court system that, like everything else, is affected by the coronavirus. |
| Masks pose a number of conundrums. How would Mr. Potter choose a jury if he could not pick up on the fleeting smirks or scowls that normally tip him off to bias? How would the jury react if his client looked like a bandit in the courtroom? | Masks pose a number of conundrums. How would Mr. Potter choose a jury if he could not pick up on the fleeting smirks or scowls that normally tip him off to bias? How would the jury react if his client looked like a bandit in the courtroom? |
| Other questions involved more fundamental principles of jurisprudence. Would the jury pool reflect the community if people in groups hit harder by Covid-19, like older residents, African-Americans and Latinos, were more reluctant to show up? Can a trial truly be considered public if the public has been told to stay at home? | Other questions involved more fundamental principles of jurisprudence. Would the jury pool reflect the community if people in groups hit harder by Covid-19, like older residents, African-Americans and Latinos, were more reluctant to show up? Can a trial truly be considered public if the public has been told to stay at home? |
| “There’s an inherent conflict between the rights of someone on trial and our social distancing policies,” Mr. Potter said after his client, Michael Frank Moody, became the first defendant to be tried by jury in Multnomah County since the pandemic began. “As smooth as this went, at no point would I ever advise a client to go through with it in these times.” | “There’s an inherent conflict between the rights of someone on trial and our social distancing policies,” Mr. Potter said after his client, Michael Frank Moody, became the first defendant to be tried by jury in Multnomah County since the pandemic began. “As smooth as this went, at no point would I ever advise a client to go through with it in these times.” |
| Mr. Moody was found guilty. | Mr. Moody was found guilty. |
| With a number of states set to resume jury trials in the next few weeks, court administrators across the country have turned to math, measuring tapes and diagrams to figure out things like how many people a jury box can safely hold, or how long it will take to transport a socially distanced jury pool by elevator. They have installed plexiglass barriers for witness stands and pondered texting as a means of client-lawyer communication. | With a number of states set to resume jury trials in the next few weeks, court administrators across the country have turned to math, measuring tapes and diagrams to figure out things like how many people a jury box can safely hold, or how long it will take to transport a socially distanced jury pool by elevator. They have installed plexiglass barriers for witness stands and pondered texting as a means of client-lawyer communication. |
| Not all of the planning has been strictly logistical. The Arizona Supreme Court, anticipating that many calls to jury duty would be ignored, has reduced the number of potential jurors that can be struck by each side to two, from the usual six. | Not all of the planning has been strictly logistical. The Arizona Supreme Court, anticipating that many calls to jury duty would be ignored, has reduced the number of potential jurors that can be struck by each side to two, from the usual six. |
| Texas has decreed that judges need not seek consent before conducting remote proceedings, and while the state has not yet conducted a remote criminal jury trial, it has experimented with jury selection by Zoom in a civil dispute. | Texas has decreed that judges need not seek consent before conducting remote proceedings, and while the state has not yet conducted a remote criminal jury trial, it has experimented with jury selection by Zoom in a civil dispute. |
| In Oregon, jury trials seem to have proceeded without incident. Elsewhere, they have been an occasion for courtroom drama that had nothing to do with the facts of the case. | In Oregon, jury trials seem to have proceeded without incident. Elsewhere, they have been an occasion for courtroom drama that had nothing to do with the facts of the case. |
| More than 100 people in Albany, Ga., had to be notified after a juror there was hospitalized with Covid-19 on March 12, according to the Daily Report, a legal news organization. | More than 100 people in Albany, Ga., had to be notified after a juror there was hospitalized with Covid-19 on March 12, according to the Daily Report, a legal news organization. |
| A defense lawyer, Adam Stone, had to tell a jury pool in Ashland, Ohio, in late April that he had been exposed to the virus and was under doctor’s orders to self-isolate. The judge had declined to postpone the trial. | A defense lawyer, Adam Stone, had to tell a jury pool in Ashland, Ohio, in late April that he had been exposed to the virus and was under doctor’s orders to self-isolate. The judge had declined to postpone the trial. |
| Then Mr. Stone’s client collapsed and had to be carried out of the courtroom (he tested negative for the virus). The trial is set to begin again this month. | Then Mr. Stone’s client collapsed and had to be carried out of the courtroom (he tested negative for the virus). The trial is set to begin again this month. |
| In Portland, Mr. Potter argued that potential jurors should be asked to remove their masks while they were questioned, and that witnesses be asked to remove them while on the stand. His request was granted. | In Portland, Mr. Potter argued that potential jurors should be asked to remove their masks while they were questioned, and that witnesses be asked to remove them while on the stand. His request was granted. |
| But in the Ashland trial, Mr. Stone said, jurors and witnesses were to have been permitted to wear masks. | But in the Ashland trial, Mr. Stone said, jurors and witnesses were to have been permitted to wear masks. |
| “You cannot effectively confront your accuser if that accuser’s allowed to wear a mask, and that is fundamental, as you know,” he said. | “You cannot effectively confront your accuser if that accuser’s allowed to wear a mask, and that is fundamental, as you know,” he said. |
| Mr. Stone usually advises his clients to have friends and family in the courtroom to demonstrate support, but in this case, he said, his client’s mother could not be there because she is a cancer survivor with a compromised immune system. | Mr. Stone usually advises his clients to have friends and family in the courtroom to demonstrate support, but in this case, he said, his client’s mother could not be there because she is a cancer survivor with a compromised immune system. |
| Many courts have declined to livestream proceedings because they could be recorded and replayed in ways that were not typically permitted. | Many courts have declined to livestream proceedings because they could be recorded and replayed in ways that were not typically permitted. |
| Oregon’s courts have resumed holding jury trials because of a rigid statutory deadline of 180 days after arrest, which applies only to defendants in custody. Most of the affected defendants are in jail only because they cannot afford to post bail, said Carl Macpherson, director of the Metropolitan Public Defender, the state’s largest public defense agency. | Oregon’s courts have resumed holding jury trials because of a rigid statutory deadline of 180 days after arrest, which applies only to defendants in custody. Most of the affected defendants are in jail only because they cannot afford to post bail, said Carl Macpherson, director of the Metropolitan Public Defender, the state’s largest public defense agency. |
| In Portland, Multnomah County’s first two jury trials during the pandemic have involved defendants who were homeless. Mr. Macpherson said the county could have solved the deadline problem by releasing the defendants until a later court date. | In Portland, Multnomah County’s first two jury trials during the pandemic have involved defendants who were homeless. Mr. Macpherson said the county could have solved the deadline problem by releasing the defendants until a later court date. |
| “Jurors are not essential workers,” he said. “Being a juror is already a difficult position to put someone in from our community — and to ask a juror to do that during a pandemic is unfair.” | “Jurors are not essential workers,” he said. “Being a juror is already a difficult position to put someone in from our community — and to ask a juror to do that during a pandemic is unfair.” |
| Updated June 5, 2020 | |
| 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. |
| 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. |
| Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
| 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. | 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. | 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. | 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.) |
| 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. | 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. | 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’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. | 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. |
| Out of 500 potential jurors summoned on May 4, only 121 appeared — about half the usual number, according to figures provided by a court spokeswoman. | Out of 500 potential jurors summoned on May 4, only 121 appeared — about half the usual number, according to figures provided by a court spokeswoman. |
| “It was the same reaction I had when I found out I was having twins,” said Lori Hymowitz, 57, a lawyer who received a jury summons. “You can either laugh or cry, and I just laughed.” | “It was the same reaction I had when I found out I was having twins,” said Lori Hymowitz, 57, a lawyer who received a jury summons. “You can either laugh or cry, and I just laughed.” |
| The court website informed her that she need not appear if she had a “high-risk condition,” but that “the courts are considered essential under Governor Brown’s ‘Stay Home, Save Lives’ order, and jurors are critical for the court to meet its constitutional duties.” | The court website informed her that she need not appear if she had a “high-risk condition,” but that “the courts are considered essential under Governor Brown’s ‘Stay Home, Save Lives’ order, and jurors are critical for the court to meet its constitutional duties.” |
| Ms. Hymowitz said she was apprehensive, but made a calculation: “I have three teenagers, so I was like, jury duty versus being home with teenagers — jury duty sounds good.” | Ms. Hymowitz said she was apprehensive, but made a calculation: “I have three teenagers, so I was like, jury duty versus being home with teenagers — jury duty sounds good.” |
| She arrived at the courthouse to find what she called a thorough approach to social distancing: Lines on the sidewalk showed where to stand outside. Masking-tape arrows indicated safe places to sit inside. Masks and hand sanitizer were available for the asking. | She arrived at the courthouse to find what she called a thorough approach to social distancing: Lines on the sidewalk showed where to stand outside. Masking-tape arrows indicated safe places to sit inside. Masks and hand sanitizer were available for the asking. |
| She and several others who were present said there were very few African-Americans or Latinos in the jury pool. | She and several others who were present said there were very few African-Americans or Latinos in the jury pool. |
| Eight rooms were needed to conduct jury selection and the trial itself, including one empty courtroom for deliberations and another for spectators (there were not many). Chairs and microphones were regularly wiped down. Most people in the courtroom took off their masks once they were seated. | Eight rooms were needed to conduct jury selection and the trial itself, including one empty courtroom for deliberations and another for spectators (there were not many). Chairs and microphones were regularly wiped down. Most people in the courtroom took off their masks once they were seated. |
| Mr. Potter said he and his client had to confer so frequently that it was impractical to don masks, so they ended up getting much closer than health experts recommend. And there were other issues: Because the jury box could accommodate only three people, the rest of the jury was spread out behind Mr. Potter, where he could not see their reactions or be certain that they could see and hear the proceedings. | Mr. Potter said he and his client had to confer so frequently that it was impractical to don masks, so they ended up getting much closer than health experts recommend. And there were other issues: Because the jury box could accommodate only three people, the rest of the jury was spread out behind Mr. Potter, where he could not see their reactions or be certain that they could see and hear the proceedings. |
| “Now, can I point to any rule of statute or law that says that’s wrong or unlawful? I can’t,” he said. “But it definitely changes the dynamic you normally look for in a jury trial — which is gauging the reaction of the jury.” | “Now, can I point to any rule of statute or law that says that’s wrong or unlawful? I can’t,” he said. “But it definitely changes the dynamic you normally look for in a jury trial — which is gauging the reaction of the jury.” |
| Prosecutors declined to comment because Mr. Moody was not expected to be sentenced until June 19. | Prosecutors declined to comment because Mr. Moody was not expected to be sentenced until June 19. |
| Lawrence Kotan, a project manager who served as jury foreman for another recent trial in Multnomah County, said he assumed when he was summoned that the case must be urgent, involving crimes graver than assault and the theft of a block of cheese. | Lawrence Kotan, a project manager who served as jury foreman for another recent trial in Multnomah County, said he assumed when he was summoned that the case must be urgent, involving crimes graver than assault and the theft of a block of cheese. |
| “I absolutely thought, ‘Oh, crap — this is a serious one,’” he said. “Thus my surprise when I saw what the case was. I kind of went, ‘What?’” | “I absolutely thought, ‘Oh, crap — this is a serious one,’” he said. “Thus my surprise when I saw what the case was. I kind of went, ‘What?’” |
| The defendant wore a mask, which in Mr. Kotan’s view made him look a little like the infamous villain Hannibal Lecter. “I would have liked to have seen his whole face,” he said. “If nothing else, out of curiosity.” | The defendant wore a mask, which in Mr. Kotan’s view made him look a little like the infamous villain Hannibal Lecter. “I would have liked to have seen his whole face,” he said. “If nothing else, out of curiosity.” |