Commonwealth v. Read — Trial Archive4.Defendant Non-Testimony Colloquy
36 lines(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So I would like to have a colloquy with Ms. Read about her not testifying.
MR. YANNETTI: That's fine.
JUDGE CANNONE: So we'll do it here at sidebar and I will seal it.
MR. YANNETTI: Perfect.
JUDGE CANNONE: And, also, you have requested a defendant-did-not-testify instruction.
MR. YANNETTI: Yes.
JUDGE CANNONE: I just want her to say she agrees with that, as well. Can you bring her up?
MR. YANNETTI: Yes.
MR. JACKSON: I'll get her.
(Whereupon, the defendant comes to the sidebar and is duly sworn by the clerk.)
JUDGE CANNONE: All right. So, Ms. Read, I need to have a colloguy with you about your decision not to testify. So would you tell me your full name? THE DEFENDANT: Karen Read.
JUDGE CANNONE: How old are you? THE DEFENDANT: Forty-four.
JUDGE CANNONE: How far have you gone in school? THE DEFENDANT: I have a master's.
JUDGE CANNONE: In the last 24 hours, have you had any drugs or alcohol that might affect your judgment in here today? THE DEFENDANT: No.
JUDGE CANNONE: Are you aware of any mental illness that you might have or that you suffered from in the past? THE DEFENDANT: No.
JUDGE CANNONE: So you understand that you have a right, an absolute right, to testify on your own behalf in this case, and I would open the case again to give you the opportunity to do so. Do you understand that? THE DEFENDANT: I understand.
JUDGE CANNONE: And it is important that you talk to your lawyers about whether or not you testify, but the decision as to whether you testify is not up to your lawyers. Do you understand that? THE DEFENDANT: I do.
JUDGE CANNONE: And the decision about whether you testify or not is yours and yours, alone. Do you understand that? THE DEFENDANT: I understand that.
JUDGE CANNONE: What is your decision? Are you going to testify on your own behalf THE DEFENDANT: My decision is not to testify on my own behalf. That is my decision.
JUDGE CANNONE: And not your lawyers' decision? THE DEFENDANT: It is not my lawyers' decision.
JUDGE CANNONE: Do you understand that you can't come back at a later time and say, I really wish I testified and my lawyers never told me it was my decision? Do you realize you can't do that? THE DEFENDANT: I understand I cannot come back at a later time and change my mind.
JUDGE CANNONE: All right. Like I say, are you doing this willingly, freely and voluntarily? THE DEFENDANT: Yes. I'm doing this willingly, freely and voluntarily.
JUDGE CANNONE: Has anybody forced you or threatened you or promised you anything in exchange for your decision? THE DEFENDANT: No.
JUDGE CANNONE: Are you doing this because it's your decision and your decision, alone? THE DEFENDANT: Yes.
JUDGE CANNONE: You understand that your lawyers have requested I give an instruction to the jury about you not testifying? THE DEFENDANT: Yes.
JUDGE CANNONE: Have they shown you that instruction that they requested? THE DEFENDANT: Yes.
JUDGE CANNONE: What is your decision? Do you want me to give that instruction to the jury or do you want me to not --
MS. LITTLE: Well, Your Honor, you did ask every juror that at jury selection.
JUDGE CANNONE: Hold on. Just so that the record is clear, both Ms. Little and Mr. Yannetti nodded when Ms. Read just looked at them, which is perfectly understandable. Mr. Jackson did not.
MR. JACKSON: I looked passively.
JUDGE CANNONE: But the decision is yours. So what is your decision about that instruction? THE DEFENDANT: Yes. It is my decision. It is not theirs. I will not come back at a later time. This is voluntary, voluntarily mine.
JUDGE CANNONE: Okay. Mr. Lally, hold on, or Ms. McLaughlin. Is there anything further?
MR. LALLY: No, Your Honor.
JUDGE CANNONE: All right. You're all set.
(Whereupon, the sidebar conference concluded.)