Counsel praise Chief Judge Larry Burns’s handling of first federal jury trial post-shutdown

A federal jury serving in the first post-shutdown civil trial in downtown San Diego awarded $100,000 Friday to a former Immigration and Customs Enforcement in an excessive force case.

James Adams sued the California Department of Justice for several causes of action stemming from a 2015 arrest in his home, including unlawful execution of a search warrant, excessive force and negligence. Adams v. County of San Diego, et al., 3:16CV02161 (S.D. Cal., filed Aug. 26, 2016)

Adams was represented by partners Julia Yoo, Eugene Iredale and associate Grace Jun of Iredale & Yoo APC.

"Our client feels relieved, and he is glad that his long struggle to vindicate his rights has finally concluded," Iredale said Friday. Iredale, Yoo and Jun all praised Chief Judge Larry A. Burns of the Southern District of California for his thorough, careful handling of trial logistics despite the pandemic and moving trial efficiently in a timely fashion. They also lauded Burns' continual reassurance to jurors that the court staff was doing everything they could to ensure public safety.

Iredale said he entered the experience with some concerns and was afraid it would be tough to get a jury panel.

"I found that wasn't true in our case. We had a fair cross-section of the community, and the screening for requests to be excused due to virus exposure didn't result in a skewed panel," Iredale said. "Judge Burns made the jurors feel so special, and acknowledged they were giving an extraordinary service. He managed the logistics of COVID-related hygiene and exigencies of trial practice in a way that allowed us to try a case as much as you typically would try a case."

There were eight jurors; each was seated at least 8 feet apart in the jury box. All courtroom entrants had to use hand sanitizer and wear face shields or masks. Witnesses weren't masked so jurors could see their demeanors during testimony but Plexiglas was placed at the witness stand. Burns' court staff frequently cleaned and disinfected all surfaces, Jun said. Counsel remained a distance of about 20 feet from jurors.

Yoo conceded the new social distancing rules were somewhat challenging, "because everyone had to adjust so quickly," she said. Some challenges included having to remain seated when the judge or witness was speaking, Yoo said.

"You can't do that because then they wouldn't be able to hear you. Our instinct is to always impulsively stand," Yoo said. "But it went very well considering the obstacles. I had no apprehension before trial. I felt pretty faithful in the system."

Iredale said he didn't object to jurors remaining masked during Monday's voir dire as it was apparent they were being candid and forthcoming in their responses. He pointed out a majority of those who volunteered to speak went to the microphone and took off their masks to speak. Iredale said he was very impressed by the jury's attentiveness and engagement.

Jun said some jurors took off masks and put on face shields at the end of trial, and paid rapt attention during Iredale's cross-examination and closing arguments.

"We have to balance public safety and the goals of attorneys, but the jurors were candid during questioning," Jun said. "People seemed to be a lot more communicative and understanding that masks could inhibit other forms of communication. During cross, jurors leaned forward, were on the edge of their seats. It was like a tennis match; their eyes darted back and forth during Eugene's cross. That was one way to definitely gauge their interest, reception and see where they're going with their body language, even with masks or shields."

DOJ lawyers Edward P. Wolfe and Tim Jude Vanden Heuvel who represented defendants Richard Sotelo and Ernest Limon of the DOJ's Bureau of Firearms could not be reached for comment Friday.

Adams sought between $100,000 to $200,000 in damages against the DOJ. The jury found for Adams three out of four causes of action: excessive force, battery and negligence. The jury ruled against plaintiffs for the Bane Act claim. The jury held Sotelo liable on all three causes of action, and his co-defendant Limon liable on the negligence claim only.