The trial for Mark Redwine, the Vallecito man accused of killing his 13-year-old son, Dylan, remains on track to begin later this month.
In a recent motion, Redwine’s defense attorneys requested to delay the trial until “after the COVID-19 pandemic has been resolved,” arguing the pandemic presents “unreasonable” public health risks that would prevent a fair trial.
“Defense counsel argues that due to the COVID-19 pandemic, it will prevent a jury panel that represents a fair cross-section of the community,” according to court records.
Because of the COVID-19 pandemic, certain people who qualify may be excused upon request from jury duty, including those who are immunocompromised, have certain illnesses or live in a nursing home.
Sixth Judicial District Judge Jeffery Wilson, however, ruled Friday the regulations in place do not violate any constitutional rights, determining Redwine will still stand trial Oct. 29.
“While the trial will certainly be longer and different than jury trials prior to the COVID-19 pandemic ... none of these minor inconveniences impinge on the defendant’s rights to due process or a fair trial,” Wilson wrote.
Wilson said court officials will continue to monitor infection rates, and hold the authority to postpone the trial should pandemic conditions require it.
Wilson added that during a previous six-day trial, jurors reported to court officials they were comfortable and appreciative of the precautions at the La Plata County Courthouse to ensure everyone’s safety.
Redwine was arrested in July 2017 on suspicion of killing Dylan in 2012. Since then, his trial has been delayed several times, including three times for reasons related to the COVID-19 pandemic.
jromeo@durangoherald.com