10.Victim-Witness Proximity and Accessibility Accommodations
12 linesMR. MELLIN: Your Honor, one issue that came up today, we had brought up a few of the victim witnesses to consider the layout of the courtroom, and there are really two issues that came up. The first is that a few of the victims are very concerned by the presence of the defendant so close to them and the proximity of the defendant to them while they're testifying.
As the Court knows, as we look at the court right now, the witness stand is probably five to eight to maybe ten feet from where the defendant will be sitting. When the witnesses walk in, they will be probably four to five feet from the defendant. They were very concerned about their safety, their security, and also, the fact that they are understandably very sensitive to the fact that the defendant will be right next to them while they're testifying.
So I don't know if there's something that can be done to try to either relocate the defendant or relocate those witnesses so that they are able to give their testimony without the defendant being literally just beyond their arms' reach.
THE COURT: Well, I don't think so, is the short answer. There's a lot of different competing considerations to how we set up, and I think it -- I understand what you're saying. I just don't think there's any -- I'll give it some thought, I guess, but my initial reaction is it's unavoidable. He's going to be present in the room someplace with them. I don't know that the number of feet is itself a determinant, but...
MR. MELLIN: Your Honor, I appreciate that he has to be present, it's just that in this layout, he is incredibly close, and that's just something that -- you know, I don't know if you could move the defendant and have him sit where Mr. Bruck is sitting. I'm not sure if the marshals would be okay with that. But we would suggest that there be some change in the way in which this courtroom is currently set up for these witnesses. Because I can tell you, they were very much intimidated by -- and fearful of walking into this courtroom with that defendant being so close to them.
The other issue is one of the witnesses is in a wheelchair, and I'm not sure how the Court wishes to address that. I'll raise that and just leave it to the Court to decide that.
THE COURT: Well, we've had that before. We can make an accommodation for that including, perhaps, maybe an entry from another doorway so it's a smoother passage through, for example. I know I've had a juror who was in a wheelchair and we accommodated that. I don't remember the -- we've had -- I think they just sit in front of the witness box.
MR. MELLIN: And that, again, put them that much closer --
THE COURT: In the past we've been able to do a ramp up to the -- I think to the box itself. I know we did that in the jury box. We ramped up so the person could sit in with the others. I'm not sure how much would be involved in trying to do that here but --
MR. MELLIN: Again, your Honor --
THE COURT: -- as the time approaches we could --
MR. MELLIN: -- the problem with having the wheelchair in front of the witness box is that once again the witness is now even closer --
THE COURT: Actually, it could even be farther away. It could be at the corner of the box.
MR. MELLIN: And then the other concern we have, your Honor, the witnesses, while they're waiting in the witness room, as I understand it will be all the way around and down the hall. So there may be a point in time where it's going to take a few minutes for a few of these witnesses to actually make it from the witness room into the courtroom.
I'm not sure if there's something we can do to accommodate that.
THE COURT: We can think about that.