I'm back in Solano County court this morning. The defense, again, asks a jury trial be postponed due to #coronavirus concerns. As to @GavinNewsom's statewide shelter order, Judge Bowers responds, "What does that have to do with us?" outside the presence of the jury.
Judge Bowers denies the defense motion, saying public defender Nick Filloy's argument over public safety are hyperbolic. When confronted about smirking from the bench, Bowers says, "You say such outrageous things, it's hard not to." Asst. DA Moore wants trial to continue.
Judge Bowers "safety first" approach includes a bailiff with hand sanitizer at the door and spacing jurors and family members six feet apart. One of them has a bad cough. Defense says this may be last active trial in the state.
The current witness on the stand is Vallejo Det. Sgt. Mat Mustard. He's been accused of hiding information from the defense regarding rape kit testing. Here's a piece @DarwinBondGraha and I wrote about his other investigations: theappeal.org/prosecutorial-…
At issue is whether Det. Mustard received a call about lab results from Cal DOJ. His name and personal cell phone were in the log notes. Mustard says he doesn't recall any call, but DOJ criminalist says there were multiple calls, hinting at possible discovery violations.
DOJ senior criminalist Kevin Gazlay says he was "crystal clear" with Det. Mustard that a sample from one rape case didn't match a sample found on another victim. But knowledge of that phone call wasn't disclosed until after trial had already begun.
Of note: there are 30 people in this courtroom right now. That's three times what President Trump said to avoid, but, again, courts are exempt from shelter orders and guidelines.
Gazlay further testifies he contacted Asst. DA Moore that a DNA sample "excluded" the defendant and then wrote a new report, without new or further analysis, weeks before this trial began. The original analysis occurred in 2018.
The state has rested and Judge Bowers dismissed court for morning break. Social distancing guidelines are thrown out the non-existent window as everyone files out of the room.
Of note, today the bailiff by the door is not offering hand sanitizer to people leaving the courtroom. There's none readily available to anyone but jurors or court staff anywhere in the courthouse, unless offered by a bailiff.
Defense recalls Vallejo police Det. Rob Greenberg, who had joked in the hallway that working in Vallejo for 10 years makes him immune to the #coronavirus.
Both sides have rested, so now attorneys will haggle out jury instructions. Judge Bowers says he can make individual copies so jurors don't have to pass them around. Asks jury to return to jury service room, which is more spacious than standard jury deliberation room.
Jurors will soon get instructions, followed by DA Moore's closing arguments. She requests more time to prepare, but Judge Bowers denies it, citing the prosecutors' intent to keep pushing forward. Jurors expected to return for defense closing and deliberations MONDAY.
Judge Bowers has left court rest until Tuesday. "No one knows what the state of life will be like in three days," he said.
