Corona Daily 155: The Court Hearing that was Viewed a Million Times

What I am writing here is not a play-script. This took place in a court hearing in Michigan on 2 March. There are four key characters.

Mary Lindsey is a waitress who often works night shifts. She is the complainant. Coby Harris is, or rather was, her boyfriend. He is the accused. Jeffrey Middleton is the judge. Deborah Davis is the prosecutor.

Traditionally, in the name of openness and transparency, court proceedings are open to public. In lockdown times, most courts now allow trials to be conducted online. Proceedings such as this one are streamed live for the public to see. The Zoom recording is available for general public to view on the judge’s YouTube channel.

On 9 February, Coby Harris and his girlfriend Mary Lindsey argued. Not known what the argument was about. Harris assaulted her with the intent to “commit great bodily harm less than the crime of murder”. (In plain language, he beat her violently, without meaning to kill her). Lindsey called the police. Harris was taken to jail, and released on a bond that prevented him from coming anywhere close to Lindsey. On 2 March, the complainant, accused and the lawyers appeared before the judge on Zoom.

*****

The Zoom hearing begins with routine questions. Prosecutor Deborah Davis questions Lindsey about what took place during the February argument. Only seven minutes into the proceedings, Davis feels something is not right. Because Lindsey keeps looking to her left, her answers are evasive. She is not focusing on the proceedings.

Davis turns to the judge and says, “Your Honor, I have reason to believe the defendant (accused) is in the same apartment as the complainant right now, and I am scared for her safety. I want some confirmation she is safe before we continue.”

Judge Middleton asks Harris where he is. He gives an address. The Judge then orders him to walk outside and show the number of the home from which he is Zooming.

Harris doesn’t move. “I don’t think this phone has the charge for that. I’m at like 2% right now. I’m hooked up to this wall charger right here.” He says.

(The Zoom call also has a police officer. While the conversation is on, he manages to call and send a real police officer to Lindsey’s house. That policeman promptly rings her doorbell.)

The police are at Miss Lindsey’s door, says the prosecutor. “Take your phone with you, so that I know you’re okay”, she tells Lindsey.

Lindsey walks to the door, but her connection to the call drops. Harris also vanishes from the call.

The judge. police and prosecutors are seen sitting silently for several moments on the Zoom screen. (In a real court, the complainant and accused can’t suddenly vanish).

When Lindsey’s livestream returns, they see a handcuffed Harris. He has a cigarette in his mouth. The judge cancels his bond, and sends him back to jail.

This is an issue we didn’t have when we had live court, says the judge. It’s the first time he ever had an accused sitting in the next room, potentially intimidating the victim.

*****

The YouTube post of this dramatic hearing had 1.2 million viewers. The judge removed the YouTube post, and asked the complainant’s face and name to be blurred. Despite that, the recording is freely available.

In a real court, perhaps five people would have attended the hearing, not a million. It raises an important issue. Virtual calls are not a simple substitute for reality. Miss Lindsey’s address and other details are there for anyone to see. Viewers who don’t understand the different forms of domestic violence are blaming Lindsey for allowing Harris in her apartment (as if she had a choice). Openness and transparency are important, but they can’t come at the cost of someone’s privacy. When a constitution mentioned “open courts”, broadcasting a hearing to a million people was not expected.

Judge Middleton should think long and hard before posting the next Zoom hearing.

Ravi