Trials postponed. Defendants arraigned via Zoom. Lawyers dressed in suits sitting in their living rooms while conducting hearings.
The COVID-19 pandemic saw the running of Massachusetts courts change dramatically. Jury trials were suspended for much of last year and are just getting restarted. Many, if not most, hearings have been conducted remotely. Information that was previously gathered in person now has to be done via email, mail or fax.
Those changes have not been easy for defense attorneys and their clients.
“I think it’s been rough for the courts, but I don’t blame them for any of this,” said Kenneth Gross, a Natick defense attorney. “You’ve had jury trials that were canceled for the year. Now they have a backlog of jury trials, and that’s not the court’s fault. It has changed the landscape a lot. You have lawyers who don’t want to go to court because of health concerns. There’s a reluctance to bring defendants to court because of COVID. It’s creating a lot of delays for people.”
Framingham defense attorney Daniel Cappetta said remote hearings stretch cases out. When the defense attorney, defendant and prosecutor are all in the same building, it’s easier to resolve a case.
That does not happen as often now, he said, adding that it has resulted in cases dragging on.
Remote hearings are good for those who would otherwise have to commute a considerable distance or miss work, but it makes the process harder for those already in custody, Cappetta said.
“If you’re in custody and wanted to have a (jury) trial, you couldn’t,” he said. “They weren’t doing them.”
One benefit to remote court, Sudbury defense attorney Mark Helwig said, is that lawyers have more time to work on cases — and possibly resolve them — before trial. Also, fewer people are being held in custody.
“In some ways, it made it easier, because they (judges) couldn’t force us to trial,” said Helwig. “I think judges tried to release people more often, setting conditions of release rather than bail. I think they (courts) did the best with a bad situation.”
Middlesex District Attorney Marian Ryan said there have been positive aspects that occurred during the pandemic, adding that some of them can be carried forward.
She said virtual hearings make it easier for some people to take part in cases when it may have otherwise been difficult to get to court due to a lack of public transportation or losing out on a day of work.
Also, she said, police departments that began issuing summonses for people to appear in court rather than arresting people will likely continue.
“That allows courts to schedule things and spread them out,” said Ryan. “If you’ve ever been to court after a three-day weekend, it’s usually crazy.”
Helwig said he would be surprised if courts don’t continue remote hearings.
“I’m not sure that’s better,” he said. “Personal interaction is the oil that makes the machine go.”
Both Cappetta and Gross said it’s important to have hearings in court rather than remotely, when possible.
“I’m looking forward to being in court in person,” said Cappetta. “I feel like my advocacy is much better when I’m face to face with jurors, prosecutors, judges, clients. I feel like I work better in person.”
Gross added that it’s better for clients to be with them in person, not side by side on a computer screen.
“Let me give you an example,” he said. “You have a client in custody, and he’s in court and you’re two feet from him, and he begins to say comments he shouldn’t say. I can tell him to not say anything or I can ask the judge to step it (the case) back for a second and I can talk to them. If you’re doing Zoom, you can’t really do that. It’s more effective for the guy to be in front of the judge, not virtually in front of the judge, and for the defense to argue in front of the judge.”
Norman Miller can be reached at 508-626-3823 or nmiller@wickedlocal.com. For up-to-date crime news, follow Norman Miller on Twitter @Norman_MillerMW or on Facebook at facebook.com/NormanMillerCrime.
