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    Friday, April 26, 2024

    Judicial Branch creating individual trial plans for each courthouse

    A working group of state judges is looking outside the traditional jury box as it devises a plan to resume trials by the end of the year.

    "We won't be using a courtroom," said Judge James W. Abrams, chief administrative judge for civil matters in Connecticut. "We'll be using the floor of a courthouse, the jurors in one room, witnesses in another and the public in another."

    Across the state, thousands of parties involved in civil and criminal cases want their day in court, but the Judicial Branch has to figure out how to deliver justice without putting people at undue risk of contracting COVID-19.

    Jurors won't be able to sit closely together in the little jury "box" in the well of the courtroom, or in small deliberation rooms, as they fulfill their civic duty. They won't even be able to ride the elevator together in some cases.

    With trials on hold for the past six months, as per executive order of Gov. Ned Lamont, some parties, and particularly those who are incarcerated, are growing impatient.

    In New London Monday, attorney Kevin C. Barrs asked a judge to dismiss murder charges against Francis Giannelli, who is accused of killing Robert Thompson in a drive-by shooting in Preston on Oct. 26, 2019. Giannelli had filed a motion for a speedy trial a month ago, and Barrs argued that the charges should be dismissed, because the state had not commenced the trial, as required by law, within 30 days.

    Judge Hillary B. Strackbein denied the motion, saying that "good cause" exists to not hold the trial right now and that there are numerous defendants in the same situation.

    "I can't think of a better cause than a pandemic," Strackbein said. "You're on a list of (people awaiting) trials, and we'll be happy to start them as soon as we can."

    Giannelli's attorney still hasn't received all of the evidence in the case, and the judge suggested that discussing how to resolve it short of trial would be the best course of action.

    The judge also denied a motion to reduce Giannelli's $1 million bond so that he could be free while awaiting trial, noting he stands accused of a most serious charge.

    Twenty people accused of major crimes are on the trial list in New London. That includes Sergio Correa, who is accused of murdering three members of the Lindquist family during a home invasion in Griswold on Dec. 20, 2017.

    The defendants in the cases have refused to accept plea offers and want to take their chances with a jury of their peers.

    People accused of less serious crimes are also in limbo, and the New London Judicial District has 5,400 pending civil cases, all of which could go to trial.

    Judge Abams, who is co-chairing a work group of judges and court operations staff that is working on the plan for trials, said the judicial branch would assess every courthouse individually as it sets parameters for trials. Safe trials would be easier in newer courthouses, such as the one in Torrington, which are more spacious and have bigger elevators.

    In New London's Judicial District courthouse on Huntington Street, only two people are allowed to use the elevator at one time.

    Since it might be difficult for jurors to hear and assess the credibility of witnesses wearing face masks, perhaps the mask could be removed if they are appropriately social-distanced.

    "It will call for decisions being made on the ground by the trial judge," Abrams said. "We will have a plan and set parameters and invariably there will be ongoing issues."

    More court hearings have gone virtual during the pandemic, and some of those changes could be permanent or become part of the new landscape for trials. Abrams said that in civil cases, the courts have allowed video testimony of some witnesses for years.

    The plan relies on the state's coronavirus cases remaining relatively low, and the number-one priority is to make sure the people who serve on juries, and others involved in the trial, are safe.

    "Nothing is set in stone," said Abrams. "We're going to continue to work on it. It's going to be sort of a living document."

    k.florin@theday.com

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