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As Jury Trials Restart in SDNY NY Post Driver Testifies in Plexiglass Witness Box for 2d Day

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Sept 30 – The first jury trial for months began on September 29 in the U.S. District Court for the Southern District of New York, and Inner City Press went, masked, to cover it. 

Newspaper delivery drivers had sued the New York Post, then the Newspaper and Mail Deliverer's Union of New York and Vicinity. In the trial before SDNY Judge P. Kevin Castel, a union official sat in a plexiglass box being questioned.

  Before he went into the box, he told Inner City Press that this new set up did not seem fair.   A jury of eight, all women, had been selected.

 The jury box had been extended into the entire northern half of the gallery of Courtroom 26B, rising up such that a fence was built around it. Behind the fence was a bench, with two Sit Here stickers on it. But if you sat there, you could not see the witness, judge or lawyers.    Same too with the TV monitor to show witnesses. It is now blocked by the expanded jury box such that the press and public can't see it. (This is all a work in progress).

In this trial it might not matter, as the exhibits are copies of the Collective Bargaining Agreement. But in other trials, it might matter.    

Still, much work has done into preparing this courtroom, and it is to Judge Castel's credit that he forged away. In the summer he held an in-person suppression  hearing about a gun in a house in The Bronx.  

 During a break in the proceedings, Inner City Press called in to another SDNY case, where the judge was mentioning the civil jury trial that had begun.

 So it is a work in progress, and all to the good. Inner City Press would only add that, unlike for an EDNY sentencing on September 30, over Inner City Press' docketed objection, here, telephone access should remain for the foreseeable future, given COVID.

 On Day 2 of this trial on September 30, a woman who worked delivering the New York Post until she was injured by the truck was in the plexiglass witness box. The questioning was interrupted by objections, most of them overruled. Following Inner City Press' coverage, it appears that one or more wire services will cover the trial. It continues.

This case is Sussman et al v. Newspaper and Mail Deliverer's Union of New York and Vicinity, 16-cv-7659 (Castel)

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