Could a defendant’s right to confront witnesses at trial be violated if a trial judge requires everyone to wear a face mask at trial? The Fourth Circuit has determined that the answer is “no.”
Officer Maynard, of the Logan Police Department, and another officer were able to arrest Robert Wilfong on October 20, 2020. Wilfong, who was publically intoxicated, had warrants outstanding in West Virginia. Wilfong asked to use the bathroom at the police station. Maynard escorted Wilfong to the restroom but Maynard eventually dragged him out of the bathroom and slammed Wilfong’s head into a door frame and then dropped him to the ground. Wilfong lay bleeding on the ground as an ambulance was summoned.
Maynard has been indicted for one count of depriving rights under color law. The trial judge, who presided over the trial, ordered that all participants in the trial, including the witnesses, wear face masks due to the Covid-19 Pandemic. Maynard’s attorneys objected and requested the use of face shields instead, though the request was denied. The jury eventually convicted him of violating Wilfong’s rights by using excessive force on him.
The appeals court upheld the trial judge’s decision. The Fourth Circuit found that Mayfield was…
