A sick juror will be allowed to FaceTime into deliberations amid New York’s coronavirus outbreak, a Manhattan federal judge ruled Monday, calling the arrangement “untested waters.”

The man — one of 11 jurists weighing the fate Al Sadr Hashemi Nejad, an Iranian banker accused of violating US sanctions against the country — called the court Monday and reported feeling unwell and requested to stay home as a precaution.

Judge Alison Nathan, who said the court was under “extraordinary circumstances,” ruled the electronic deliberation could move forward.

“This is untested waters, as far as I can tell,” she said in court Monday.

Nathan made the decision after calling the juror to make sure his electronic equipment would work.

“Do you have FaceTime or some other camera video ability from the phone?” she asked him on a phone call in her chambers, according to a transcript.

“Yeah, I mean, I have FaceTime. I have WhatsApp, I guess. I have Zoom. I think probably FaceTime will probably work. It’s probably easier,” he responded.

Then, after ensuring he could be secluded in his apartment during the deliberations, Nathan OK’d the move.

“I want to first thank you for your diligence and willingness to continue to participate and informing us that you weren’t feeling well and staying home out of an abundance of caution,” Nathan said. “You must think of yourself as present in the jury room.”

Prosecutors in the case asked for a mistrial, arguing the man will not be sequestered in the same way other members of the jury are and will have access to the internet and other reading materials.

At the beginning of the trial in early March, a prospective juror who was not picked to serve on the panel reported to the court that he had been asked to self-isolate after attending temple with someone who had tested positive for coronavirus.

It was unclear whether the FaceTime juror had any coronavirus symptoms, or whether he had been tested.

Source: Read Full Article