Court ‘safer than a market,’ US judge tells San Diego jurors

Opening statements for Southern California's first federal civil trial began Monday in San Diego with jurors, attorneys, court staff and judge all masked and physically distanced in accordance with public health guidelines and no practical complications that hindered the process.

Protocols to safely conduct the first post-shutdown orders in the Southern District of California were thoroughly taken prior to the jury's arrival, said Chief Judge Larry A. Burns, who repeatedly reminded jurors the courthouse is taking every precaution in light of the public health emergency. He promised jurors the courthouse was probably "safer than a market," as Plexiglas is installed in his department.

"I hope that gives you some reassurance that we're doing everything to protect you. What you're doing here today is very important. We appreciate you being here."

"Cross your fingers, we'll see how this goes," plaintiff's counsel Eugene Iredale remarked before the jury came in. Iredale represents retired federal Immigration and Customs Enforcement agent James Adams, who sued the California Department of Justice alleging a civil rights violation during an arrest in 2015 at his home. Adams v. County of San Diego, et al 3:16-CV-02161 (S.D. Cal., filed Aug. 26, 2016)

Burns told jurors that court staff worked hard to make efficient use of the jury's time under difficult circumstances. Vigorous cleaning is scheduled four times a day in public spaces, including restrooms, and twice a day inside each courtroom. The courthouse has also been inspected multiple times by public health experts and doctors in the last several days, Burns said.

Jury selection commenced in the jury assembly room on the 1st floor of the Carter Keep federal courthouse to accommodate all prospective jurors. Chairs were placed 6 feet apart and each juror was given a plastic face shield in a Ziploc bag. Each juror was allowed to keep masks on during Burns' general questioning, and during the attorneys' subsequent voir dire.

Lawyers in trials in other parts of the state have balked at jurors wearing masks during voir dire, arguing they needed to see facial reactions to their questions. Counsel in the Adams case did not object to jurors keeping masks on. Jurors answered questions in a normal fashion, used hand gestures as they appearded to speak candidly and some placed hands on their hips.

Iredale kept his faceshield on during voir dire and his opening statements in Burns' courtroom.

Burns also asked each juror if they had any safety concerns relating to COVID-19 if they were to be picked. Nearly all of them said they had no other concerns about the public health emergency other than what they wrote in confidentiality on their respective questionnaires. One man, who was a former criminal defense attorney, told the judge he had a teenage son who was immunocompromised but said he had no issues serving on a trial for only up to a week. One woman, who said she is an OB/GYN doctor, said she felt safer in the courthouse than being in a hospital.

The eight-person jury was impaneled and sworn in at 3:15 p.m. and were moved to Burns' courtroom on the 14th floor. Opening statements began shortly after 4 p.m.

Spectators can view a video feed of the proceedings from a 4th floor conference room of the courthouse. Multiple cameras were installed in the courtroom, including one facing the lectern showing the counsel table with plaintiff and defendants. Another camera is projected onto the witness stand. Witness testimony and presentation of evidence is scheduled to begin Tuesday at 9 a.m., Burns said to the jury.

The trial is expected to last three days. Jurors are not allowed to go out for lunch. Instead, lunch will be provided.

Adams sued investigators with the Department of Justice's Bureau of Firearms in 2016 for what he says was an unlawful arrest at his home in 2015 after his wife's son called law enforcement officers during a domestic dispute. Adams said officers used false statements to a judge to obtain and execute a warrant. He also alleges defendants Richard Sotelo and Ernesto Limon from the DOJ violated his civil rights by using excessive force to arrest him and transport him into custody. Sotelo and Limon denied any wrongdoing.

Edward P. Wolfe and Tim Jude Vanden Heuvel of the California Department of Justice are representing Sotelo and Limon.