Criminal jury trials set to restart in the Memphis area after COVID-19 suspension

Courts in the Memphis area suspended jury trials in March due to the COVID-19 pandemic. The concern: bringing groups of people together in small rooms could spread the respiratory virus. 

Now, courts in the Memphis area are gearing up to allow a limited number of criminal jury trials once again, using social distancing and other precautions.

The Shelby County Criminal Court, which hears the most serious state-level criminal cases, including homicides, plans to start holding jury trials again beginning Oct. 1.

And the U.S. Court for the Western District of Tennessee restarted trials at its Jackson location last week, holding two, and plans to restart trials at its Memphis location in October, said Tom Gould, the court clerk.

Representatives of the courts said a key reason drives the decision to restart jury trials: the U.S. Constitution requires it.

The situation illustrates how COVID-19 has badly disrupted many elements of life, and institutions are in some cases only now beginning to figure out ways around it.

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Three years in jail

The courts have continued to hear relatively simple matters such as bond hearings and plea agreements — in general, far more cases are settled by plea deal rather than go to trial.

But some defendants want to put their case in front of a jury of their peers.

"We're prioritizing those who have been in custody the longest and the most severe offenses," said Criminal Court Judge John W. Campbell, who on Sept. 1 signed the order allowing the restart of cases.

According to the order, the individual criminal court judges have the discretion to choose which cases to move forward for trial, based on the case characteristics and public health guidelines.

The judge said he has one trial scheduled so far in his courtroom, for late November. The defendant's name is Vernon Patton. He's accused of aggravated rape and, according to online records, was first booked into jail on August 24, 2017 — more than three years ago.

As the courts launch jury trials, they plan to hold fewer trials than under normal circumstances. 

And they're restarting the trials under strict precautions: masks, social distancing and, in the case of the federal courts, face shields.

The federal courts have also bought new microphones to improve distanced communication within the courtroom and have completely rearranged the courtrooms, including installations of strategically placed plexiglass barriers, Gould said.

He estimated the court has spent about $150,000 on new equipment. "It's been quite a production," Gould said.

Why go to so much trouble?

Under the U.S. Constitution, people deserve a chance to tell their side to a jury, Gould said.

"We've just got to get these trials going. We owe that to the defendants," he said. 

He also said the number of cases is building up.

Both the state criminal court and federal criminal court have already been holding grand juries under COVID-19 precautions and making indictments.  

"The other factor is as days go by and as grand juries indict people, we're creating a monumental backlog of credible cases . . . We're going to have so many criminal trials that have to be dealt with that I don't know when you're going to get a civil trial heard," Gould said. 

That creates an enormous strain on the system. "This whole thing's like a pot that's on the stove, and the pressure's building. And we've got to do something to release the pressure."

Holding a limited number of criminal trials now under strict safety protocols can help address the pressure, he said.

Among the earliest federal trials set to start in Memphis next month is USA v. Jeremy Fields. He's accused of illegal possession of a gun and body armor. Jury selection is set for Oct. 8.

Investigative reporter Daniel Connolly welcomes tips and comments from the public. Reach him at 529-5296, daniel.connolly@commercialappeal.com, or on Twitter at @danielconnolly.