(28 Jun 2024)
RESTRICTION SUMMARY:
POOL
Dedham, Massachusetts – 28 June 2024
1. A judge informs the court that jurors in the Karen Read trial sent a note saying that they’ve been unable to reach a unanimous verdict
SOUNDBITE (English) Judge Beverly Cannone, Norfolk County Superior Court:
"All right. So counsel, you’re aware of our note from the jury: ‘Dear Judge Cannone, I am writing to inform you on behalf of the jury that despite our exhaustive review of the evidence and our diligent consideration of all disputed evidence, we have been unable to reach a unanimous verdict.’ Signed by the foreperson. So I want to hear from counsel, your view on whether there has been due and thorough deliberation. So let’s start with the Commonwealth."
Adam Lally, Prosecutor:
"And my answer would be no, your honor. It simply hasn’t been sufficient time yet."
2. A prosecutors and defense lawyer spar in court over the note, and the judge considers whether jurors have deliberated long enough
++CONTINUOUS SHOT++
SOUNDBITE (English) Adam Lally, Prosecutor:
"Your honor, the jury received this case just earlier this week. They’ve had slightly shortened days and I’m not in any way, shape or form suggesting that they haven’t conducted their due diligence in regard to their deliberative process. But I would submit that it is far, far, far too early in their deliberative process to even consider giving them any kind of Tuey-Rodriguez instruction (a special set of instructions often read to deadlocked juries) or anything close to that. Furthermore, what … the note doesn’t really indicate affirmatively that they can’t come to a conclusion. It just says that they haven’t come to a conclusion through their deliberative process at this time. So they’re not even asking for one, is what I would say."
Judge Beverly Cannone, Norfolk County Superior Court:
"All right. Thank you, Mr. (David) Yannetti I’ll hear you."
David Yannetti, Defense Attorney:
"Your Honor, I would disagree with Mr. Lally’s characterization of the note. The word ‘exhaustive’ is the word, I think, that’s operative here. They’re communicating to the court that they’ve exhausted all manner of compromise, all manner of persuasion and they’re at an impasse. You know, this is a … a case where the jury has the legal instructions. They’ve only really asked one question, which was to try to get a report that they were not allowed to get. And I think the message has been received that the evidence is closed. They won’t get anything more. They’ve been working, essentially nonstop over the last, you know, 3 or 4 days. You know, we’re aware of, approaching a weekend."
3. SOUNDBITE (English) Judge Beverly Cannone, Norfolk County Superior Court:
"This note arrived with less than three hours of deliberations today. So the length of the trial, the length of the deliberations, I know the case had … we heard from 74 witnesses, there are 657 exhibits, very complex issues in this case. I’m not prepared to find that there have been due and thorough deliberations at this point. So I am going to send them back out. We’ll bring them in and we’ll do that now."
4. The judge sends the jury back to deliberations
UPSOUND (English) Trial Court Officer: "Court back in session. You may be seated."
Judge Beverly Cannone, Norfolk County Superior Court:
UPSOUND (English) Trial Court Officer: "All rise to the court, please."
STORYLINE:
Jurors in the Karen Read trial told the judge on Friday that they’ve been unable to reach a unanimous verdict.
The judge sent them back for more deliberations.
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