Court of Appeals holds trial witnesses may testify while wearing COVID masks

The Minnesota Court of Appeals issued an opinion in State v. Modtland today, addressing an issue raised by many criminal defendants during the COVID pandemic: Should witnesses testifying at a jury trial be required to remove their face masks while they testify?  

The defense attorneys at Modtland’s trial for third-degree drug possession moved the trial court judge for an order requiring testifying witnesses to remove their face covering while they testified. From the defense perspective, the argument in favor of requiring the removal of COVID masks is simple: Nonverbal cues, like facial expressions, demeanor, and clear vocal inflection, impact a witness’s credibility. If the witness is wearing a mask, the jury’s ability to evaluate the witness’s credibility may be reduced. The trial judge considered the request, and declined to order witnesses to remove their face coverings. Modtland was convicted and appealed.

Modtland’s appeal raised the intersecting issues of public safety and a criminal defendant’s constitutional right to confrontation, and the appeals court held in favor of public safety. Ultimately, the appellate court held that the decision in future cases should be determined on a case-by-case basis, weighing things like the small size of the court room, and the need to comply with current state-approved COVID-19 guidelines, among others. The Court of Appeals encouraged trial judges to make detailed findings on the record regarding the need for any COVID-related trial modifications.