No criminal jury trials will be kicking off next week in Chautauqua County Court, though efforts to alleviate a backlog of cases the result of the COVID-19 pandemic are well underway in Mayville.

Today had been set on the calendar to commence jury selection in one of a handful of cases — at least nine to start and down to six by the middle of the week. However, as is common right before many cases are set to go to trial, four defendants pleaded guilty while at least two cases were adjourned to later dates. That resulted in no remaining case to go before County Court Judge David Foley, who has not officially presided over an in-person jury trial in more than a year due to COVID-19 and its shuttering at times of court functions.

The following cases had been on the court’s felony trial calendar for May 24: Natasha Feliciano, indicted on two counts of third-degree criminal sale of a controlled substance; Kevin Kuzdzal on driving while ability impaired; Andrew Kiendl on aggravated criminal contempt and first-degree criminal contempt; Dontetaven Peay on second-degree burglary; Demian Seger on first- and second-degree burglary; and Jeremiah Toliver on second- and third-degree criminal possession of a weapon.

Guilty pleas were accepted from Feliciano, Kuzdzal, Kiendl and Seger, while cases involving Peay and Toliver were adjourned to later dates.

In March, courts throughout New York state were given authorization to commence hearings, and more importantly jury trials. Each county court system was required to submit a criminal jury plan/protocol to resume trials. According to the plan locally, jury assembly will take place in the spacious legislative chambers at the Gerace Office Building in Mayville. Up to 17 prospective jurors will be drawn, and questioning will take place inside the county courtroom nearby.

“Prior to entry into the courthouse each day all jurors, attorneys, and witnesses shall be screened,” the plan states. “Should any juror, attorney, or witness answer yes to questions or screen with a fever greater than 100.1 degrees Fahrenheit, then they shall be directed to return home, the trial judge shall be notified, and the trial shall be further adjourned as necessary.”

All jurors and attorneys will be required to wear a face mask while in the courthouse. Witnesses can request to remove their masks while giving testimony on the stand, but will still be required to wear a clear face shield so jurors can see their face.

The next criminal trial calendar begins July 12. On there at the moment is Tavion Turner, whose trial date has been pushed back numerous times since his arrest on second-degree murder charges for his alleged involvement in the Nov. 28, 2017, homicide of 22-year-old Dyllan Ownbey. Turner was 20 years old at the time he was indicted by a grand jury and taken into custody; now 22 years old, Turner remains in Chautauqua County Jail on $1 million bail.

Reasons for the delay in going to trial have been multi-fold. Turner’s original attorney, county Public Defender Ned Barone, had to step down so Turner received new counsel in 2019, which ended up being then-private attorney Jason Schmidt.

The COVID-19 pandemic then further delayed the case going to trial. The most recent delay is the result of Turner needing another new attorney after Schmidt became district attorney and the court having to appoint a new special prosecutor.