Jury trials to resume in Clark County for 1st time since November

Fifty-five prospective jurors have been summoned to the downtown courthouse for the trial of Vicente Giner, 36, who faces 11 felony charges, including drug trafficking.

It’s the first time jurors are expected to render a verdict in Clark County District Court since trials came to a halt in November, after Gov. Steve Sisolak ordered a statewide “pause” to slow the spread of COVID-19.

Felony jury trials had been conducted for a few weeks in the fall inside two pandemic-prepared courtrooms, equipped with glass partitions, socially distanced seating, gloves and sanitizer. But trials stopped again amid the impending surge of cases around the winter holiday season.

Coinciding with another order from the governor that extended the “pause” yet allowed for essential functions, Chief District Judge Linda Bell decided that grand jury proceedings should resume Jan. 12 and that jury trials should start next week.

“We tried to balance the best we could, staying on the same page with the governor and the statewide directives and moving forward the essential work of the court,” Bell said. “We took that all into consideration. It’s all a hard balance, and I don’t know that there’s any perfect answers to this. We’re just trying to balance out the best we can, and we felt that we just couldn’t wait any longer to start doing trials.”

Case backlog, safety issues

Earlier this month, Bell’s order permitted jury trials, “given concerns regarding the backlog of cases and the safety considerations in the Court’s trial plan.”

Bench trials, where a judge decides a verdict rather than a jury, also may continue next week, “as long as the trial can be conducted with appropriate social distancing,” Bell ordered.

The same decree called for court appearances “by alternative means, preferably video, unless the judge determines an extraordinary circumstance requires a personal appearance.”

As with trials in the fall, no observers will be allowed inside the pandemic-renovated courtrooms. A livestream link on the court’s homepage was set up for the public to view the trial.

Clark County Public Defender Darin Imlay pointed to the significance of conducting trials for defendants sitting in jail because they cannot afford bail, yet have invoked their constitutional rights to speedy trials.

“It’s very important for them to get in front of the courts and have decisions made about their cases,” Imlay said. “Everybody involved wants decisions to be made. Our clients want a resolution to their case. If you’re sitting in custody, the world keeps on rolling. And other people that are impacted by these cases want decisions made so they can get on with their lives.”

Murder cases rise

Steve Wolfson, the county’s top prosecutor, said the number of murder cases awaiting trial significantly increased during the pandemic, as none has been presented to a jury since the first shutdown of the pandemic nearly 10 months ago.

Many of those cases have been delayed in negotiations, as well, he added.

“The primary stimulus to getting people to accept plea deals is the fact that they’ve got a trial,” Wolfson said. “If they go to trial, they’ll often be convicted and face more time” in prison.

With hundreds still awaiting trial on felony charges, either while in jail or out on bail, Bell said she hoped to cut down on the backlog created by the pandemic.

“I do really think it helps,” she said. “It’s not just the couple of cases that get tried; it’s the cases that get resolved.”

Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.