Carmelo case: Justice seeks Immunity (from COVID-19)

Pull up your sleeve, Lady Justice

On March 11, 2021, The District Court of the State of New Jersey issued its fourth extension of a Standing Order regarding "court operations under the exigent circumstances created by COVID-19".  

The Order reads, in part, like a Dr. Fauci briefing:

"...New Jersey is lagging behind its goal of vaccinating 70% of the State’s adults within six months, and, to date, only 10.6% of New Jersey’s population has received both doses of the Pfizer and Moderna vaccines or the single-dose Johnson & Johnson vaccine; and

WHEREAS, while vaccination has been available to various categories of individuals, including correction officers and prison inmates, under the New Jersey COVID-19 Vaccination Plan, vaccination of judicial employees, considered essential workers, will not be available until March 29, 2021, and vaccination of the general population under the age of 65 and not at heightened risk will not begin until sometime thereafter; and

WHEREAS, the two-dose process of the Pfizer vaccine takes three weeks and that of the Moderna vaccine takes four, and the CDC does not consider an individual to be fully vaccinated until an additional two weeks after the second dose of each of those vaccines; and 

WHEREAS, full vaccination of many judicial employees will therefore not occur until mid-May, and full vaccination of much of the general public under the age of 65 will not occur

until an even later date; and

WHEREAS, the effectiveness of the available vaccines against current, and potentially, future, more virulent variants of the virus, is unknown, creating an uncertain impact on the public health; and

WHEREAS, in light of the foregoing, it is necessary to continue strict mitigation protocols to limit the spread of the disease while vaccination continues, as evidenced by the recent statement by the Director of the CDC that the months of March and April will be critical in determining whether the United States will experience another surge in COVID-19 cases; and ..."

What does this mean for the Hoboken's Carmelo Garcia's federal corruption case, United States of America v Carmelo Garcia, et. al.? 

It's his fourth extension of his continuance, which stops the clock on statutory "speedy trial" time limits, "to permit defense council the reasonable time necessary for effective preparation in this matter and to allow parties to conduct plea negotiations and attempt to enter a plea agreement."  But not indefinitely:

"The Court ORDERS that all civil and criminal jury selections and jury trials shall be continued to June 1, 2021. The Court may issue further Orders or Extensions concerning future general continuances of any matters as may be deemed necessary and appropriate. Jury selections and trials impacted by this Standing Order may be reset by further Order of the assigned judicial officer. "

Justice may be blind, but it also moves like a snail-- and that was before this global pandemic.  

U.S.A. vs Carmelo G. Garcia: March 11, 2021 Standing Order of continuance due to COVID-19 by GrafixAvenger on Scribd