
This photo from Judge Marlon Polk's courtroom shows the closest that a juror would have been to a woman who told officials that she has tested positive for COVID-19 after watching a trial on Friday. The juror sat in the chair with the number 1 on it. The woman sat in the front-row chair closest to the trash can behind the oak half-wall.
The search for justice in an Omaha double-homicide case continues to be plagued by the novel coronavirus.
Douglas County District Judge Marlon Polk declared a mistrial Monday in the case of Nyir Kuek after Kuek’s sister informed attorneys that she had tested positive for COVID-19.
The reason Polk declared a mistrial: On Friday, the sister, who is in her mid-20s, sat in court as attorneys gave opening statements in the June 2019 shooting deaths of Michael Sykora, 57, and Tracy Atkins, 50, in a Florence-area home. Kuek, 21, faces two first-degree murder charges and three firearms charges.
Douglas County Health Director Adi Pour told attorneys that the safest course would be to shut down the trial and reschedule it for a later date, Douglas County Public Defender Tom Riley said.
Attorneys did not request any proof of the positive test, saying Kuek’s sister would have no reason to lie.
“No one, including the prosecutor, questioned the validity of it,” said Riley, Kuek’s attorney. “Nothing nefarious is going on.”
Prosecutor Amy Jacobsen, a deputy Douglas County attorney, said shutting down the trial was the “responsible” decision. Another attorney noted that the county potentially could be held liable if, after receiving information about a positive test, officials had proceeded and someone had gotten severely ill.
No one has reported symptoms. Polk’s bailiff checked the temperature of jurors each morning of the trial, which started last week, and none had fevers.
Polk’s courtroom had been reconfigured so jurors were seated in the back of the courtroom. All the jurors’ seats were more than 10 feet away from the sister.
The only people who were somewhat close to the sister were Kuek’s father, prosecutors Jacobsen and Corey Rothrock, the court reporter and a reporter for The World-Herald.
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Most jurors took the news in stride. One did not. That juror, Jacobsen said, was a bit panicked after Polk delivered the news. The man asked several questions, including whether the county would pay for him to be tested.
The answer: No. Phil Rooney, a Douglas County Health Department spokesman, said jurors have options for free testing from TestNebraska, the state’s contractor for testing. Health officials encouraged jurors who are asymptomatic to not schedule any testing before Wednesday. The virus can take several days before it is detectable.
Everyone in the courtroom wore masks. According to health officials, those at risk of contracting the virus typically are those who have more than 10 minutes of sustained contact within 6 feet of someone who is infected.
Only one member of Riley’s office had sustained contact. Riley said he is advising that staffer to monitor her health and make sure she doesn’t develop any symptoms. Rooney advised jurors to do the same. Anyone who was within 6 feet of the sister for longer than 10 minutes should quarantine until they get test results, Rooney said.
What’s left to be seen is how the mistrial affects other cases.
A second-degree murder trial is set to begin Wednesday; the county has requested 60 prospective jurors for that case.
Riley, who serves on a courthouse coronavirus committee, said the committee probably will meet this week to address how to proceed.
After Kuek’s trial was delayed in March because of the pandemic, Kuek had been eager to have his case heard and had agreed to have it serve as a guinea pig of sorts.
Riley said jury selection went well. All but six of the 145 prospective jurors showed up and sat at least 6 feet apart from one another in the legislative chambers.
In four months, with hundreds of visitors and dozens of staff members working staggered shifts, courthouse officials say they know of 12 people who have tested positive for the virus.
Riley said he doesn’t know if the courthouse will turn to video feeds more often to try to cut down on the number of people in courtrooms. He noted that many thought virus numbers would be dropping four months into the pandemic, but they’re not.
“We’ve got to figure this out,” Riley said. “We have cases that have to get to trial or we’ll have defendants sitting in jail ad infinitum. I’m very concerned about how we go forward.”
Notable crime news of 2020
Read about some of the biggest and strangest crime stories in Nebraska and western Iowa.
Two former Husker players now charged with first-degree sexual assault texted each other about telling the truth about their sexual encounter with a woman, according to a court document. Read more
Authorities were able to arrest a man in connection with the December 2000 slaying of his neighbor thanks to advancements in DNA testing. Read more
A former Nebraska defensive back was sentenced in Lancaster County Court to five years' probation after pleading no contest to resisting arrest during a traffic stop. Read more
Dustin Moheng was fatally shot after a night involving arguments, drug use, a firearm transaction and a search on Snapchat for Moheng’s whereabouts. Read more
A surveillance camera recorded a young man painting a swastika on the front door of the South Street Temple at 2061 S. 20th St. A swastika also was painted on the synagogue’s steps. Lincoln police are investigating the incident as a hate crime. Read more
A 17-year-old girl was kidnapped in early 2019, taken to a hotel and forced to pose for nude photos that would be used as sex advertisements. Read more
The officers were identified earlier as Joshua Ames, Jacob Sunderman and Matthew Ajuoga. Ames was shot in the leg during a New Years Eve incident and was later taken to a hospital, where he was treated and released. Read more
Since the beginning of 2014, at least 56 certified Nebraska educators were caught having inappropriate communication or sexual contact with students. Their misconduct ranged from sexual intercourse with a student to dinner and a movie with a student. Read more
A Marine from Nebraska who tried to enter Offutt Air Force Base last May with firearms and ammunition in his truck was sentenced to three years in a military prison. Read more
Richard L. McIntyre, 57, was run over last Feb. 3 by a Ford F-250 pickup truck. He had been walking to get a pack of cigarettes near 84th and Q Streets. The pickup driver, 44-year-old Michael W. Sullivan, drove off and didn’t turn himself in until nine days later. Read more
Seven years after spending some time in jail with Joshua Keadle, Cory Pfeifer saw a news report about Keadle being charged with murder in the disappearance and death of Peru State College student Tyler Thomas. The report prompted Pfeifer, now a truck driver from Plattsmouth, to go to the Nemaha County Attorney’s Office and relate something Keadle told him in that county’s jail about the missing student. Read more
An Omaha man was accused of firing multiple shots at a Millard Hy-Vee. An off-duty deputy police chief and a shopper tackled him to the ground. No one was wounded by the gunfire. Read more
A 14-year-old girl with no permit or licence got behind the wheel of a pickup truck and fatally struck a motorcyclist, Omaha police said. Read more
A 14-year-old Omaha boy was charged with manslaughter in Juvenile Court after authorities said he accidentally shot and killed his friend while cleaning a gun. Read more
A 12-year-old and 14-year-old stole and wrecked multiple cars over the course of a month and were repeatedly released from custody, leaving car dealers and prosecutors furious. Read more
The Nebraska Board of Pardons unanimously denied a pardon for Caril Ann Fugate, now Caril Ann Clair, the girlfriend of mass murderer Charlie Starkweather. Read more
A Nebraska pharmacist pleaded guilty to conspiring with a Maryland drug dealer to firebomb a competing pharmacy in Auburn. Read more
A shoplifter made it easy for police to find him when he filled out a job application at the store he stole from. Read more
A former local TV meteorologist was charged with making terroristic threats against the Douglas County health director. He was allegedly angry about the measures taken to limit the spread of the coronavirus. Read more
Dodge County Attorney Oliver Glass pleaded guilty to driving under the influence, but his legal problems may not be over. Read more
Joshua Keadle was sentenced to 71 years to life in prison for the slaying of Peru State student Tyler Thomas, who disappeared 10 years ago. Read more
Douglas County Attorney Don Kleine announced that he would not charge the bar owner who fatally shot protester James Scurlock, but a special prosecutor has since taken up the case and will present the evidence to a grand jury. Read more
A Carter Lake man was sentenced to prison for an attempted assault in which he used some unconventional weapons for modern times: a hatchet and a bow and arrow. Read more
An Omaha man admitted to killing a convicted sex offender, saying he feared that the man would harm more children. Read more
An Omaha woman was charged with second-degree murder after killing her husband on Interstate 80. She says she acted in self-defense. Read more
cooper@owh.com, 402-444-1275