Jury trials resume in Boone County amid COVID-19 pandemic

COLUMBIA, Mo. (KMIZ)

Wednesday will mark the first jury trial in Boone County since they were stopped in March because of COVID-19.

Tuesday, a jury was selected for the case, and the process looked different than usual.

Staff at the courthouse screened each person to make sure they did not have a fever and asked if they had a cough or other common symptoms of COVID-19.

They also worked to keep people socially distant.

"We did separate our groups, and so, the judge wanted 30 seated this morning and 30 seated this afternoon so we broke the groups up," said Cindy Garrett, deputy court administrator.

Garrett said the actual trials will also look different in order to maintain a safe distance between jurors and others in the courtroom.

Juries will not sit all together in the jury box, but will be spread out in chairs in the front of the courtroom.

The jury assembly room is also set up differently so members can be socially distant while they deliberate.

Jurors will also be required to wear masks or face shields. The courthouse chose to follow Columbia's face mask ordinance even though it is a county entity.

"We agreed to follow the guidelines and then after that we had a mandate from the supreme court anyway for the face masks," Garrett said.

The Missouri Supreme Court issued the mandate on Aug. 1.

The courthouse will provide masks for anyone who needs them, but Garrett said most people have come prepared with their own.

Phase two of the mandate from the Supreme Court allows for jury trials to resume, but still limits occupancy rates 25 or less when possible. It says social distancing guidelines still need to be followed.

"I know we have several jury trials scheduled coming up, so again, it will depend on what phase we're in," Garrett said. "If we would have a positive in the courthouse we could go back to, you know, phase zero or phase one. So, everyday is just kind of an unknown."

Chris Slusher is an attorney in Columbia who works across the street from the Boone County Courthouse.

He said the pause in jury trials has made it harder to move cases.

"Certainly the fact that we're not having jury trials has slowed the progress of some cases down, but we've also seen a slowing down of criminal cases coming in," Slusher said.

He said not only does having trials make a difference in the process, but just having a trial scheduled will sometimes lead to resolution because cases get negotiated as they get closer to trial.

He said the wait to go to trial has different impacts on different clients.

"If you're incarcerated pre-trial, certainly it makes a big difference if courts are trying cases," Slusher said. "If you're out on bond and you're having an opportunity to work with your lawyer and prepare your case, then the delay isn't necessarily for some cases a bad thing from our perspective."

He said the changes inside the courtroom could also have a number of impacts. He named masks as one of them.

"If a witness on the stand is wearing a mask and you're cross examining that witness, part of the thing that attorneys do, both prosecutors and defense attorneys, when they cross examine witness is they have to get a feel for the witness and how the witness reacts," he said.

Slusher said COVID-19 concerns can add to the stress members of a jury face in an already stressful situation. He said he is concerned this could impact the decision making of a jury.

"It can be stressful, it can be difficult. They're asked to make decisions about, potentially, the rest of people's lives," he said.

He said he is sure judges are prepared for jurors to use Coronavirus as an excuse to get off a panel for longer trials, and how lenient they will be, despite screenings and protections under health information privacy.

"I think it shows the complexity of doing things like this in this time of Coronavirus," he said.