Double murder trial delayed after Fresno juror tests positive for COVID

FRESNO COUNTY, Calif. (KFSN) -- A double murder case ground to a halt at the Fresno County Courthouse Tuesday after a juror tested positive for COVID.

"Juror #12 called in today and advised us that he tested positive for COVID this morning," Judge John Vogt said.

The setback comes on what would have been the third day of evidence in Filimon Hurtado's trial.

The 31-year-old has pleaded not guilty to two counts of murder and one count of premeditated murder and arson.

Prosecutors say Hurtado set fire to a family home in west central Fresno in May of 2022, killing his 1-year-old niece and 5-month-old nephew.

Hurtado's trial will now resume on August 22 to account for other jurors who might test positive later this week.

"We are going to make tests available for you," Judge Vogt said. "There will be two tests in each box, and we will distribute those to you this morning."

Fears of exposure spread quickly in the courtroom, where the juror with COVID spent several hours on Monday. Attorneys masked up, and the court reporter disinfected her workspace, but it may be too little too late.

"They can be spreading that around to not only other jurors, lawyers, litigants, the judge, and courtroom personnel," Action News Legal Analyst Tony Capozzi said. "And the courtrooms in Fresno County are very small, very outmoded."

While Capozzi says it was important for the judge to protect the jury and ensure a fair trial, the delay could prove challenging. Jurors are not allowed to talk about the case and will have to recall evidence -- some of it two weeks old -- when they return next week.

"The judge may make a summary of what happened so far and give that to the jurors, but really it's going to depend upon the jurors' memory as to what they've heard in the past," Capozzi said.

The positive COVID test comes as county health officials say they are seeing high levels of the virus circulating in Fresno.

They are reminding everybody to get vaccinated and practice good hygiene.

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