The Day – COVID-19 court delays have elongated stressful process for survivors, victims

Victims and survivors of violent crimes almost always face a long, difficult road. From the initial investigation through the ups and downs of a jury trial, the process of finding a sliver of justice is not a fast one.

But in the midst of a global pandemic, the process has been stretched out longer and longer for many local families who are waiting to find out the fate of those charged with — or convicted of — killing their loved ones.

This week, the surviving members of the Lindquist family planned to see the man convicted of killing their relatives sentenced — the final court date, for now at least, in a case that’s been ongoing for more than four years. Kenneth, Janet and Matthew Lindquist were killed during a home invasion, robbery and arson in Griswold in December 2017.

But the family and friends of the Lindquists will now wait another six weeks, at least, to find out how long Sergio Correa will serve behind bars, after the lead prosecutor in his case tested positive for COVID-19 days before the scheduled March 2 sentencing.

Su Hintz, a victim advocate with the nonprofit organization Survivors of Homicide Inc., said that navigating the criminal justice system is typically difficult for survivors, but COVID-19 has made it harder.

“The criminal justice process in itself is a long process, without the impact of something like COVID,” said Hintz, who has been working directly with the Lindquist family throughout the trial for Correa and his sister, Ruth Correa, who was also convicted in the murders.

“The COVID pandemic has exacerbated the already elongated criminal justice process,” said Hintz. Though the experience is different for every survivor, she said that “logic and common sense would say that it just adds to the emotional stress and drain of these families.”

Survivors of Homicide, which helps people whose loved ones have been killed in homicides navigate the court system, and offers emotional support during court hearings and trials, said that the act of returning to courtrooms over and over can, in itself, be a traumatizing experience for victims. If they think they’re heading to court for the last time to see a defendant sentenced, and then have that date changed, it can amplify their stress and anxiety.

“In many cases they don’t want to go back to these courthouses, it’s too emotional, so a sentencing date can be kind of like a light at the end of the tunnel for these folks,” Hintz said. “And then to have it delayed, it’s another trip down there and that can be so emotional.”

Eric Lindquist, whose parents and brother were killed in the home invasion and arson, said having the sentencing delayed due to COVID-19 did not make things harder for him emotionally, it made things harder logistically. He and many friends and family members who packed the courtroom during the trial had planned to be in court this week, and it was an inconvenience to make changes to work schedules.

This wasn’t the first time the case was affected by COVID-19 and caused schedules to change.

Sergio Correa’s trial originally had been scheduled to begin back in March 2020, just days before the jury trials were suspended statewide due to the pandemic. Court closures pushed back his trial by 20 months, and he didn’t face a jury until November 2021.

Jury selection for the case took six weeks, with attorneys on both sides asking prospective jurors a slew of questions about their comfort being in a courtroom during the pandemic and wearing masks for long periods of time. Masks and face shields were worn through most of the trial, with plastic partitions set up throughout the courtroom for added protection.

Eric Lindquist said the masks and plexiglass were the hardest part of going through a trial during a pandemic.

Plexiglass partitions were set up in front of the judge and witness stand. Lindquist expressed concerns during the trial that the partitions at times made it difficult to hear the court proceedings.

“It was an unnecessary alteration of the courtroom that made conducting business that much harder,” Lindquist said.

Wearing masks for full days in court during the lengthy trial was difficult, too. “It made an already awful experience just that much worse,” he said.

Stephen Carney, who prosecuted the case against Sergio Correa, said state prosecutors are working to quickly tackle the backlog that built up during COVID-19 shutdowns.

Since courts reopened, Carney said he and his colleagues have been making their way through the trial list as quickly as court space and time for allows. “There’s an awful lot of cases — we were shut down for a considerable amount of time — and we are aware that people are waiting,” he said.

Judge Hillary B. Strackbein, who oversees New London Superior Court Part A where major crimes are heard, said court officials started calling homicide cases as soon as they could after reopening.

Although there’s no real closure for folks impacted by homicide, Strackbein said she’d been keeping in mind that “they need the cases to be over,” and is prioritizing murder cases above other criminal cases.

“We’re extremely aware of how hard this is for victims and families and I’m trying to move them as quickly as we can,” she said of the backlog of 20 murder cases that developed during the COVID-19 shutdown.

The case of David Carson Edwards, who is charged with murder in the fatal shooting of 27-year-old Joshua Fine in New London in April 2018, was first postponed earlier this year after the Connecticut Department of Correction reported that Edwards was in a quarantine unit but wouldn’t say specifically if he had the COVID-19 virus, according to court officials.

Jury selection in his case was rescheduled to start on Feb. 14 but was moved again for COVID-19-related reasons.

State’s Attorney Paul Narducci, who is prosecuting that case, said he has seen the most significant impact of the pandemic on victims and survivors in their inability to be in the courtroom for a lot of important proceedings that have been held virtually.

“We want to make sure that the victims feel like they’re an important part of the process and when a lot of things are being done virtually, it’s harder for them to be part of the process,” he said.

Narducci said he recognizes that for some victims and survivors, being a part of the process is a part of their healing.

He said it’s also been difficult to hold trials while keeping everyone safe during the pandemic, and mask requirements have posed some problems. During a trial, he said, it’s important not only to hear what a witness says “but to see how they say it.”

“And when people are masked up, it’s difficult to read somebody’s face or body language,” he said. The court tried to find a middle ground, he said, by using or offering clear plastic shields.

“The Judicial Branch did the best job humanly possible,” Narducci said.

When COVID-19 vaccines weren’t yet available, and during times when coronavirus test positivity rates have been high, Narducci said it’s been a difficult task to plan and carry out trials. “You couldn’t come up with a long-term plan because the ground was continuously shifting beneath us,” he said.

“Hopefully we’re going back to the point where we’re going to be predominantly opened up,” he said.

Sergio and Ruth Correa are scheduled to be sentenced on April 19, according to court records as of Thursday evening.

Jury selection continued Thursday for Edwards in New London Superior Court Part A.

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