MONROE COUNTY, Pa. — The year 2020 has been a long one for many of us.
Businesses forced to shut doors, classrooms left empty, hospitals bogged down with Coronavirus patients.
While this year has been a nightmare for many, for Roxann Labar from East Stroudsburg, it's a continuation of a nightmare she's been living for quite some time.
"Richard is going to be gone three years in December," Roxann said.
Roxann's husband, Richard, was shot on the campus of East Stroudsburg University on December 11, 2017, during a robbery gone horribly wrong. He was a pizza delivery driver for Dominos.
It was Richard's birthday. He had just turned 58.
He died the next day at a nearby hospital.
"I never thought that he'd be doing a job that he loved doing and get shot in the process," Roxann said. "You don't know what it's like to get that knock on the door that early in the morning and not knowing really what really happened until you see that person."
Police say the killing was at the hands of the trio of Carolina Carmona, her then-boyfriend, Israel Berrios, and Carmona's brother, Salvador Roberts Jr.
The murder trial started last November but was declared a mistrial due to a computer glitch during jury selection.
It was set to start again in May of 2020, but the global pandemic postponed it to a date still unknown.
"We have to start from the beginning, everything from the beginning. I mean to see the pictures, to see him, and that hurts. That hurts. Everyone has emotions on our side, you know," Roxann said.
The Labar family isn't alone. According to Monroe County First Assistant District Attorney Michael Mancuso, there are many high profile trials that are pending.
"As a trial lawyer, that's where it's impacted me the most. I do a lot of the homicide cases, and a lot of them are circumstantial evidence cases, which means there's a lot of witnesses involved. There's no way under the current protocols for the pandemic that we can do that again," said Mancuso.
What Attorney Mancuso is referring to is the judicial emergency declaration. What that means is that you can't come and go from the courthouse.
Trials are limited, and in most cases, you need an appointment just to go inside.
It was put into place back in March by President Judge Margherita Patti-Worthington.
It's been extended through January.
"There's been tentative dates set up, but it's always with that question in the back of our minds. Are we going to be able to do it then? Is it going to be open, open? No one knows the answer yet," Mancuso explained.
The Monroe County public defender's office is in the same situation.
Attorney Jason LaBar says there are dozens and dozens of clients and their families waiting for their day in court.
"They want to go to trial but understand, of course, that I am in constant contact with them to make sure that they know now is not the time, unfortunately," he said.
There are some misdemeanor and felony cases that have been tried in court over the course of this pandemic, with jurors present.
However, the cases only take a day or so to complete. It's the multi-day, multi-witness cases that are being delayed and posing the biggest risks.
"My concerns would be leading into weekends and individuals going out or putting restrictions on those jurors, that becomes difficult and infringements upon their constitutional rights. Which really we are facing with all COVID restrictions," LaBar said.
Attorney Mancuso also points to the mask mandate for not only the prosecution but the defense, too.
"The masking of a jury? Is that a due process issue because you can see if someone is engaged or not, and it's easier if they are totally unmasked to make that out. The masking of the client. Some people want to be seen by the jury as they sit at council table, and I think that's right. The masking of the litigants. How can I effectively communicate the evidence in an opening argument, closing argument, and examination of witnesses and somewhat my voice may be muffled. If I am wearing a shield and you can't even see my face clearly if I am wearing a mask, there's an emphasis that you lose," Mancuso said.
And Richard Labar's family does not want to lose anything else, time, support, or justice for their loved one.
"We just have to be positive. Positive that it's coming, they will be sentenced soon, and hopefully sometime next year, it will be done. It's just hard, especially on his mom, it's hard," Roxann Labar said.
