The NY Times
Two criminal defendants have asked the Supreme Court to decide whether remote testimony against them violated the Sixth Amendment’s confrontation clause.
WASHINGTON — In March 2021, a year into the coronavirus pandemic, a key witness in a criminal case in a federal court in New York was allowed to testify remotely, from his lawyer’s office in California. The cross-examination was marred by technical glitches and the stilted awkwardness familiar to anyone who has participated in a Zoom call.
The testimony helped convict two defendants of bank fraud. This month, they asked the Supreme Court to decide whether the remote testimony had run afoul of the Sixth Amendment, which guarantees a criminal defendant the right “to be confronted with the witnesses against him.”
The pandemic has made videoconferencing commonplace, and many people remain wary of large gatherings. Remote testimony might appear to be a sensible compromise.
But Jeffrey L. Fisher, a law professor at Stanford, said courts should be cautious.
“Covid has taught us two lessons,” he said. “One lesson is that Zoom is a very good piece of technology that can save lots of time and expense.”
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