By John O’Brien, Legal Newsline
ALAMEDA, Calif. (Legal Newsline) – Things aren’t smoothing out in the nation’s first attempt at virtual asbestos trials in Alameda County, Calif.
The county is attempting to run two trials on Zoom but has run into technical problems, juror inattention and even one plaintiff being left alone with jurors to have a friendly chat.
The latest problem? Fire. Last week, one of plaintiff Ronald Wilgenbusch’s lawyers, Will Ruiz of Maune Raichle, took a day off from the trial to evacuate his home because of the current California wildfires.
And this week, one juror told the court she had been evacuated from her home and couldn’t be present for the trial.
This comes after two other jurors were excused from the trial, which has survived three motions for mistrial already.
One excused juror said she was having coronavirus symptoms while the other had connection problems, even after the court sent an iPad to his home. Only two alternate jurors remain, and there will possibly be only one if the woman who had to evacuate her home can’t find a way to attend.
The Wilgenbusch trial started with online jury selection during which members of Fryer-Knowles’ defense team complained they were put on mute and unable to object. It also claimed one prospective juror was working out and another was possibly asleep.
When a jury was selected, the court then attempted in-person proceedings. However, a juror reported a fever, moving the trial online and prompting the second mistrial motion, this one from defendant Metalclad.
“(T)he Court has indicated that unless it receives some outside information from a higher authority compelling it to stop, the Court intends to compound the prejudice and move to a fully remote trial proceeding post haste… The Court’s plan to proceed with this trial is – and always has been – unfair and untenable,” Metalclad wrote.
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