COVID-19 places limitations on court occupancy
KINGWOOD — COVID-19 will play a major role in the murder trial of Aaron Glenn Hoard in 2021.
At a motions hearing Tuesday, Preston Circuit Judge Steve Shaffer laid out limitations placed on jury selection and trial attendance.
Hoard, 34, of Morgantown, is charged with first-degree murder in the November 2019 shooting death of Grant Felton Jr., 38, of Terra Alta, outside Shorthorns Saloon in Terra Alta.
Hoard’s attorney, Belinda Haynie, said they plan to request a change of venue for the trial.
Hoard attended the hearing Tuesday via Skype from the regional jail, where he has been in custody since his arrest.
The trial is currently set for Feb. 8, 2021. On Feb. 4, the circuit clerk’s computer will randomly select the names of 90 potential jurors.
At 9:30 a.m. Feb. 8, the first 33 jurors will be in the courtroom for questioning by attorneys. At 1:30 p.m. that day another 33 potential jurors will come in for questioning.
Only potential jurors, attorneys, Hoard and the courtroom staff will be permitted at jury selection.
“I need all 33 seats for jurors,” Shaffer explained.
If an adequate number of jurors can’t be agreed on that day, jury selection will continue the following day with the last 24 candidates brought in for questions by attorneys and the court.
Generally the court seats 12 jurors and two alternates. Because of COVID-19, an additional four alternates will be seated, Shaffer said.
“I will also need a list of potential people,” who will attend the trial, the judge told attorneys.
“Because of COVID-19, I am forced to use the left side of the courtroom for the jury. I cannot sit the jury up here [in the jury box] because of COVID-19.”
That leaves 16 seats for the public, Shaffer said. He will also provide space for the press.
“Your honor, clearly we will have a request for more than that, so how will the court determine who gets what seats?” Preston Assistant Prosecutor Megan Fields asked.
The judge said he was working on that.
“The only alternative I would have is if I could find another locations to hold the trial other than the courthouse,” Shaffer said.
To do that would require an order from the county commission designating the alternate location as the court and it would have to be a secure location. “It would be a challenge,” given all the State Supreme Court’s COVD related orders, the judge said.
Haynie asked if the trial could be put on Zoom or a similar application for those who could not attend to watch? Shaffer said he has no problem with that as long as jurors’ faces are not shown.
Haynie said she expects the trial to last two weeks.
“I hold court on Saturdays. I will not hold court on Sundays,” Shaffer said.
On Tuesday the court considered Haynie’s motion for the prosecution to share evidence, called discovery, with the defense.
Fields said all discovery the prosecution has to date has been shared with Haynie. She asked the judge to sign an order requiring the state medical examiner to provide the autopsy, which hasn’t been given to the state yet.
Shaffer agreed to sign an order, requiring the medical examiner to release the autopsy results no later than Nov. 6.
Another motion hearing was set for 2-4:30 p.m. Jan. 14.
TWEET@DominionPostWV
