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I'm in Solano County court, where a judge has denied a defense motion to continue a jury trial, which the public defender in the case believes is the only one continuing in the Bay Area amid #coronavirus concerns.
Two of 15 jurors were dismissed because they were "too scared to leave their homes" as the county is now sheltering in place. The DA's office is objecting to any continuances.
There's poor social distancing in the courtroom, where many are confused why they're even here. Judge Bowers appears to be smirking as Asst. Public Defender Nick Filloy tells him "This is wrong." People in the courtroom look at one another after a man goes into a coughing fit.
Jurors are currently practicing safe distancing in the jury assembly room. In the courtroom, they'll be seated not in the usual jury box, but on the left side of the courtroom, behind the DA's table. A bailiff is offering all who enter the courtroom a squirt of hand sanitizer.
Jurors are being led into the courtroom one at a time, all closely walking by the first few jurors who are seated. The bailiff is having me hold the courtroom door open. At least three appear to be over the age of 50. One is clearly much older.
When asked, none of the remaining 13 jurors said they were uncomfortable with proceeding. Solano County was one of the last in the Bay Area to issue a shelter-in-place order. That was only about 16 hours ago.
Two witnesses have already taken the stand. Both have touched and adjusted the microphone, which hasn't been cleaned in between. One works for CHP. The latest is Vallejo Police's Zachary Jacobsen, who puts on rubber gloves to handle evidence.
It's normal in court for people to hand paperwork, exhibits, etc. But considering we're in a global pandemic, it seems like an unnecessary risk, especially people sitting close and the number of times people touch their faces in the process.
Judge Bowers covers his cough with his hand and then goes back to paperwork in front of him.
Here's the notice outside the courtroom to continue most courthouse proceedings.
On break, courthouse security joke about social distancing while not obeying it. It seems impossible to run a courthouse, let alone a jury trial, while also obeying the county health department's orders.
And now they've stopped social distancing jurors as they're led back into the courtroom. It should be noted that all other offices in the courthouse (clerk's office, traffic, etc.) are all closed.
On their way to their lunch break, the tired and anxious jurors huddle closely to exit the courtroom, each receiving a squirt of Purell as they head out. Judge Bowers says the court is providing lunch so they don't have to go out and find their own.
Cal DOJ senior criminalist testifies that he compared DNA samples in two rape cases, one which excluded the defendant, but wasn't in his official report because they don't put it in his report because Cal DOJ doesn't do that. Told VPD though.
To clarify, the defense wanted to postpone the trial, while the DA wouldn't agree. My apologies for being sloppy with legal "continuation" and what we all understand as "continuing."
The jury is being brought back in tomorrow at 8:30 am for final testimony and jury instructions before deliberating in a group of 12, which is against federal guidelines. The quicker the verdict, the quicker they can go home to honor the now statewide order.
I've filed an emergency media coverage petition in the case, but I'm flying solo on this one. It may come down to whether or not the court recognizes me as a journalist, as I don't have the full backing of a traditional media organization.
Just like that without any discussion or hearing.
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