First jury trial since covid 19 pandemic underway in Benton County

The traditional jury box has been expanded Thursday, Sept. 24, 2020, so jurors can spread out as court staff prepares for jury trials while still providing for safety in the current pandemic in the Benton County Courthouse on the square in Bentonville. Visit nwaonline.com/200927Daily/ for today's photo gallery. 
(NWA Democrat-Gazette/Andy Shupe)
The traditional jury box has been expanded Thursday, Sept. 24, 2020, so jurors can spread out as court staff prepares for jury trials while still providing for safety in the current pandemic in the Benton County Courthouse on the square in Bentonville. Visit nwaonline.com/200927Daily/ for today's photo gallery. (NWA Democrat-Gazette/Andy Shupe)

BENTONVILLE -- Benton County Circuit Judge Robin Green on Tuesday began the first jury trial in the county since the beginning of the covid-19 pandemic.

"The justice system must go on," Green told prospective jurors gathered in her courtroom and several others who were taking part in jury selection via video conferencing.

Miketerrio Cooper, 25, of Homer, La., is charged with aggravated residential burglary, aggravated robbery, simultaneous possession of drugs and firearms and possession of firearms by certain persons.

The Arkansas Supreme Court suspended jury trials in March. The court issued an order in July saying civil jury trials may be held in whole or in part by video conference, but criminal jury trials must be in person. Jury selection could be done by video conference with the agreement of the attorneys.

Green told the prospective jurors she had taken measures and made changes to the courtroom to protect the jury.

Green said six chairs separated by plastic barriers are in the jury box and six chairs are where benches were in the courtroom.

Everyone will wear masks in the courtroom, Green said. The attorneys can take their masks down while speaking behind the plastic barrier on the podium, but they must have their masks on if they move around the courtroom, she said.

The attorneys asked the judge to allow the prospective jurors to go without masks during jury selection. The attorneys were concerned they would be unable to read people's body language if they were wearing masks.

Green denied the request.

"In good conscience, I cannot ask people to do that with the spread of the virus," Green said. "It's not worth risking someone to catch it."

Cooper was tested for covid-19 days before the trial, said Josh Robinson, deputy prosecutor.

The jurors are being held in two rooms during breaks. The panel will deliberate in the courtroom instead of a jury room.

The witnesses didn't have to wear masks while testifying because a plastic barrier surrounds the witness stand. The area is being sanitize after each person testifies.

Benton County Circuit Judge Brad Karren has a criminal trial scheduled to begin Tuesday.

Karren has taken similar precautions. Plastic shields surround the witness stand and part of the jury box. Karren will limit the number of jurors sitting in the jury box and some jurors will be be spread out in the courtroom.

The jury, attorneys and others will be required to wear masks in the courtroom.

Karren and Green preside over the adult criminal cases in the county.

Criminal trials haven't resumed in Washington County. Circuit Judge Mark Lindsay, who hears the majority of criminal cases in the 4th Judicial District, previously said he planned to take a case-by-case approach because he's concerned about the health and safety of all the people required for a jury trial.

Cooper's charges are for a 2019 incident in Rogers. His trial is set to continue today.

Tracy M. Neal can be reached by email at tneal@nwaonline.com or Twitter @NWATracy.

Upcoming Events