Some courts in Alabama are halting jury trials as coronavirus cases surge across the state.
In Mobile County, the second largest county in the state, officials halted trials until Jan. 11, 2021. Michael A. Youngpeter, the presiding judge, issued an order today after Mobile County was added to the list of “high risk” counties on the Alabama’s Department of Public Health’s COVID-19 dashboard.
“The Court will continue to consult with public health officials to determine whether jury trials may safely recommence at that time,” Youngpeter wrote in the order.
Ruth Ann Hall, the presiding judge in Madison County, the third largest county in the state, issued a similar order postponing trials until January. Hall also ordered the suspension of some hearings in district, traffic and small claims courts.
[Read the full Madison County order here for a list of affected dockets]
Madison County is considered a “very high risk” county by the Alabama Department of Public Health. Hall issued her decision today after consulting with public health officials, reviewing data and determining that “additional safeguards are necessary to protect the citizens of Madison County, Court staff and attorneys,” according to the order.
Though Madison and Mobile counties paused jury trials, courts there will continue to operate. Judges are encouraged to hold hearings via video or telephone when possible.
In March, as coronavirus lockdowns spread across the county, the Alabama Supreme Court issued an order halting jury trials and many in-person hearings. Trials began resuming in September.
It’s unclear whether the Alabama Supreme Court will issue an updated statewide order as cases rise again.
Meanwhile, judges are considering whether to issue their own local orders, as they weigh the right to a speedy trial against the threat to public health. And courts across Alabama have implemented a patchwork of social distancing provisions, mask requirements and other measures to mitigate the spread of the virus.
But the safety precautions haven’t been perfect. Earlier this month, a witness in a capital murder trial in Morgan County tested positive for COVID-19 but was still required to testify in person.
Circuit Judge Jennifer Howell told the jury that former Decatur police crime scene technician Johnny Lowery was a “necessary witness” for the prosecution, The Decatur Daily reported. Jurors were moved from the jury box to the audience gallery, which is farther from the witness stand, during Lowery’s testimony. Lowery wore a plastic face shield but no mask.
Ron Smith, an attorney for Roger Stevens, who was on trial and eventually convicted of capital murder, objected to allowing a COVID-positive witness to testify. Before the trial, the defense asked the judge to postpone the case because of COVID-19.
The judge’s office did not return AL.com’s calls for comment.
In the case of Mike Blakely, the indicted sheriff of Limestone County, state prosecutors earlier this month asked specially appointed Judge Pride Tompkins to set a trial date despite the rise in coronavirus cases.
“No jurisdiction was prepared to hold a jury trial in March 2020, but eight months later, times have changed,” prosecutors wrote in a motion on Nov. 10. “Court officials have now learned how to safely conduct a jury trial. What has not changed, however, is that Limestone County residents continue to live and work in a community in which their Sheriff stands accused of multiple felonies.”
A hearing was scheduled last week to discuss the matter, but the judge instead had a call with the lawyers, outside the view of the public and news media. In an interview with WAAY 31 News, the judge said he would reschedule the hearing after Thanksgiving. Tompkins hasn’t issued a decision on setting a trial date for Blakely.