The Chautauqua County District Attorney’s Office has resumed presenting cases to a grand jury. The crucial first step will help with the backlog of cases brought on by the shutdown of most court functions across the state due to the COVID-19 pandemic.

District Attorney Patrick Swanson said that the first case to go before a grand jury since March 11 took place July 15. Evidence and witnesses are being presented every Wednesday, and on Thursdays every other week.

Swanson said the DA’s office has about 50 to 55 cases backed up waiting for grand jury action. Last week, when the first cases were presented, three ended up going before the grand jury.

“We’re obviously very busy, managing with police officers and witnesses, and making sure everything is scheduled,” Swanson said.

A grand jury is a group of local residents who decide whether there is enough evidence to put a defendant on trial for a crime. If the group agrees a crime has been committed, an indictment is returned and the case moves on to trial.

Swanson said his office has been prioritizing cases to go before the grand jury. One likely includes Buffalo resident Mikial C. Moore, who was charged in March following a shooting in Jamestown. Moore has unsuccessfully filed two writs of habeas corpus seeking release — one for the lack of a preliminary hearing and again for the lack of grand jury action.

“What we’ve done is prioritize these cases that were backed up,” Swanson said. “We understand that cases are still coming in that might take priority that will take up a block of time. We have to craft a schedule for cases that need to go first.”

One such case that has come in that will likely take priority is for 28-year-old Carl W. Sorenson, charged with second-degree murder in the July 6 stabbing death of Brandon Holland in Jamestown.

The Office of Court Administration is screening those who enter the Gerace Office Building in Mayville. Grand jurors are being required to wear a face mask for the duration of each session, while witnesses have the option of wearing a mask or face shield. Attorneys are required to wear a mask when presenting.

In addition, proceedings have been moved to the legislative chambers, where jurors can be spread out and a sound system utilized.

“We’re fortunate that the room is wired for sound,” Swanson said.

“It’s my understanding that there are a number of district attorneys that don’t have that room at a local level. Some have gone to local high schools and have had to use creative solutions to get going on their backlog.”

Moving forward with grand jury action does not necessarily mean cases will be resolved anytime soon. Swanson said the backlog will soon be shifted, from cases waiting to go before a grand jury, to cases waiting for further court action — that being pre-trial hearings and conferences and ultimately trial for some.

“We’re just shifting the pile,” he said, noting that his office is waiting to hear from the Office of Court Administration on whether they will be able to take pleas or hold hearings to move some of the cases along.

What’s more, the district attorney said crime is up this year — both locally and statewide.

“Everything is moving so slowly,” he said. “We continue to see a backlog of cases and that makes it tough on victims and the defendants.”

The pandemic and closure of local town, village and city courts have highlighted the potential to change how some court functions are handled. One is the use of virtual arraignments — having those charged with certain crimes go through the arraignment process from jail.

“Virtual arraignment saves on cost, and there’s a benefit to doing that,” Swanson said.

When jury trials, hearings and sentencings in county court might resume remain unknown. Swanson said guidelines will be needed on how to handle jury selection, which typically means bringing in dozens of potential jurors for each case then figuring out where they will sit within a courtroom.

“I don’t know how that happens,” said Swanson, who is unsure whether jury trials will even resume by the end of the year. “Jurors need to be distanced, and a lot of changes need to be made one step at a time. It’s a process.”

Resuming other court functions should aid in pushing cases through, including those that are largely resolved. No new sentencing date has been announced for Rance “Randy” Freeman Jr., who pleaded guilty in February first-degree manslaughter in connection to the November 2008 killing of Westfield resident Jeffrey Johnson.