Criminal trials are not normally held at the Baxter County Fairgrounds, but the COVID-19 pandemic created a “new normal” in the way courts operate.
On Monday, a large number of prospective jurors came to the Educational Building at the fairgrounds, found seats in a “socially distanced” arrangement and waited to see what would happen next.
The bailiff’s opening announcement was the same as always: “All rise, Baxter County Circuit Court is now in session, the honorable John Putman presiding.”
Judge Putman wasted no time in dealing with the radically altered situation. He said no one was accustomed to the the new arrangements, “but we will make everything work as best we can. If something isn’t working, we can make changes.” The judge said the main goal was to keep everyone safe.
A jury was chosen to hear the case of 44-year-old Christopher Osborn who is charged with aggravated burglary, theft by receiving, being a felon in possession of a weapon and having a defaced firearm. The trial is due to get underway at the Educational Building on the fairgrounds at 9 a.m. Tuesday.
The process went smoothly up until that point.
After that jury was chosen things started to come off the rails. Judge Putman was in the process of choosing a second case for which a jury could be picked and was having little luck finding a case ready to proceed to trial.
A frustrated Judge Putman said from the bench, “We have brought all these citizens in today to select several juries. We appreciate them being here, but now it does not appear another case is ready for jury selection. The public deserves better than this. Everyone has known this day would come for a year and everyone should have been ready. Everyone needs to do his job if we are going to clear this backlog of cases on the docket.” The judge issued an order in early May with a seven-page listing all of the cases he intended to try.
After Judge Putman read off a number of defendants’ names, got no response and issued failure-to-appear warrants for them, he ended the session without selecting a jury for any other case except Osborn’s.
BAN ON PERSON-TO-PERSON-SESSIONS
Person-to-person-sessions,including jury trials, have been shut down or limited in Arkansas since March last year which has created the backlog of jury trials that must be worked through.
But, for the most part, the courts have been open and functioning — utilizing electronic meeting platforms and closed circuit television.
In one session last year, Judge Putman was in his office in Harrison, his court reporter and case manager were in other locations, the prosecutor was in his office, and other lawyers were in their offices and inmates participated from the county jail by video hookup.
CHANGES DRIVEN BY COVID NUMBERS
As time went on, the operation of the courts changed depending on the case counts for COVID-19.
People were not even allowed in the court complex on East Sixth Street until they were screened, including answering a questionnaire concerning their health and having their temperature checked.
As the pandemic began easing somewhat, it finally reached a point where a certain number of defendants were allowed into the courtroom. The practice of a-few-in-at-a-time allowed for recommended social distancing while reopening the courtroom.
The courtroom normally used by Judge Putman to try criminal cases will not accommodate social distancing for the much larger number of people required to be on hand for a jury trial.
This fact made finding a venue that could meet Arkansas Department of Health guidelines as to social distancing necessary and the Educational Building at the fairgrounds was chosen. Judge Putman said at one point, “We are grateful for this fine facility. I don’t think any other county in the 14th Judicial District has a building like this.”
RIGHT TO BE PRESENT
Anyone, including an inmate in the county jail, has a right to physically be in the courtroom when taking a plea, or can choose to waive the process and take a plea by video hookup.
Judges are now asking anyone appearing by video if they are waiving their right to be in the courtroom.
MASK REQUIREMENT
The wearing of masks has been required throughout the pandemic and was on Monday at the fairgrounds.
Wearing a mask could have presented a problem for attorneys in picking a jury.
Facial expressions made during the questioning of prospective jurors can be important in sizing up whether a juror can be fair and impartial.
A scowl or a smile when asked certain questions could well mean the difference in being chosen to sit on a case or being excused.
If most of the person’s face is covered this tool is largely unavailable.
Judge Putman said the court had obtained masks with a clear plastic front so facial expression could be seen as jurors are questioned. “It’s a one shot thing, to be worn only as they are questioned.”
STATE SUPREME COURT CALLS THE SHOTS
The Arkansas Supreme Court has superintending authority over lower courts in the state.
It is the state’s highest court that has established the procedures by which other courts operate, and altered them when possible.
In mid-February, the court gave the green light to the resumption of jury trials in the state beginning May 1.
While many routine matters have continued to be handled by lower courts such as routine docket calls — jury trials have been backing up for more than a year.
There were 11 people in line to be tried in Baxter County on murder or manslaughter charges alone. During a docket call session in Baxter County Circuit Court May 6, Sixty-three-year-old Robert Dean Penny took a plea in his case in which he was accused of killing his landlord.
Penny pled guilty to his charges and was given 25 years in prison reducing the murder/manslaughter defendants awaiting trial to 10.
In fact, Penny was the first jury trial scheduled after the resumption.
During the circuit court session May 6, a number of other defendants scheduled for jury trials took pleas instead, whittling down the seven-page list of those cases.
CREATING COURTROOM AT FAIRGROUNDS
A substantial amount of equipment had to be moved to the fairgrounds to allow for court sessions to be held there.
A mini-prosecuting attorney’s office had to be set up to meet the logistical requirements of holding jury trials.
There is a room in the Educational Building that has been prepared to house members of the jury during the trial as well as for deliberations when a case is turned over to the panel for decision.
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