Commonwealth v. Read — Trial ArchiveProcedural — Jury Sent to Deliberate
103 linesCOURT CLERK: Would the juror sitting in Seat No. 3, who is Juror 79, step down and take your place as an alternate, and the juror sitting in Seat No. 2, Juror 14.
JUDGE CANNONE: Ladies and gentlemen, we need to Swear in the court officers. They are going to be in charge of you during your deliberations. I suggest that you listen to the oath that they are taking so that you can be aware of their responsibilities. You can swear them, Mr. Clerk.
COURT CLERK: Do you swear that you will keep this jury and alternates in a separate but convenient place until they agree, that they do not suffer any person to speak to them or speak to them yourselves or ask them if they have agreed, nor suffer them to disperse until they discharge their verdict except by order of the Court, so help you God? THE COURT OFFICERS: So help me God (in unison).
COURT CLERK: Thank you.
JUDGE CANNONE: All right. So, jurors, I need not remind you that you have an important responsibility, but I believe that you will bring to bear all the wisdom and the judgment and conscience that you possess in reaching your verdict in this case. All that we can expect from you is that you decide the case with integrity and with principle. We all expect you to reach an impartial verdict dictated by your logic without bias, without prejudice or sympathy, and not prompted by any facts except those that you have heard in here in the court during trial. We are looking for impartial judgment dictated by your reasoning in the fullest discharge of your oaths as jurors. You may now retire and deliberate your verdict.
(Whereupon, the jury exits the courtroom to commence deliberations at 1:25 p.m.)
JUDGE CANNONE: So, counsel, I'll give you a few minutes to work with Mr. McDermott on the verdict slip, and then I'll come back.
(Whereupon, there was a brief recess taken.)
(Court resumes.)
(Defendant present. Jury not present.)
COURT CLERK: Back on the record in 22-117, Commonwealth versus Karen Read.
JUDGE CANNONE: I don't have my charge, all the typos, finished yet. So I'll have to do that. It's in the process. It's almost done. So we'll get that back to the jury.
COURT CLERK: Counsel, having looked at the verdict slips, are they acceptable?
MR. LALLY: The Commonwealth is content.
MR. YANNETTI: We are content.
JUDGE CANNONE: All right. Just give me a minute.
MR. YANNETTI: I did have one question, Your Honor, when you are done looking.
JUDGE CANNONE: Okay.
MR. YANNETTI: So in my entire career, Judge, I've never seen it done this way, but it was done this way in the last trial that I had before this one where it was a superior court case with lesser included charges. The clerk read off the offense as charged and asked the jury if it was guilty or not guilty. They came back not guilty. And I thought that charge was done. And then the clerk asked the jury is the defendant guilty or not guilty of the lesser included charge. And so to get to the ultimate -- I can't even remember if that was one of the charges that she was convicted of. But my point is to get to the ultimate not guilty for that charge, we had to go through four separate charges. I imagine that's not the way it will be done here?
JUDGE CANNONE: So I always told my clients forever, do not get either your hopes up or upset until you hear everything. This is a very long process.
MR. JACKSON: Of course.
JUDGE CANNONE: So we will go through it the way Mr. McDermott always goes through it, starting from top to bottom, Jim?
COURT CLERK: Yes.
JUDGE CANNONE: Okay. So that is how it is going to be done.
MR. YANNETTI: So they are going to be asked with regard to each lesser included charge guilty or not guilty? That's my question.
JUDGE CANNONE: It depends on what the answer is for the first one, right, Jim?
COURT CLERK: Yes.
JUDGE CANNONE: You don't get to the lesser included if it's a guilty on the first one, right?
MR. YANNETTI: True. But, if it's a not guilty, then they are going to be asked about the lesser includeds individually?
JUDGE CANNONE: Yes.
MR. JACKSON: Okay. Then that raises the question on the verdict form, and maybe I'm missing something. Then shouldn't there be a guilty or not guilty for each of the lessers and they're instructed you don't even get to these --
COURT CLERK: Yes. That's right.
MR. JACKSON: That's got to be on every one of them.
JUDGE CANNONE: Yes. Yes.
MR. JACKSON: Okay.
JUDGE CANNONE: I'm at a loss. I don't have my instructions. I was in the middle of typing them. I thought I was coming out for the exhibits. So yes, I agree.
MR. JACKSON: Okay.
JUDGE CANNONE: Actually, Jim, do you have --
MR. JACKSON: I'm sorry, Your Honor?
COURT CLERK: No. She is asking me.
MR. JACKSON: Oh. Sorry. Sorry.
JUDGE CANNONE: What does the Commonwealth say?
MR. LALLY: On the verdict slips, Your Honor?
JUDGE CANNONE: Yes, on the lesser includeds on Offense 2. It just says, not guilty, guilty of the offense charged and then guilty of the lesser included, guilty of the lesser included, without a not guilty option.
MR. LALLY: That's how it is. That's typically how I've seen it. But if that's what counsel is requesting, I don't have any issue with that.
JUDGE CANNONE: Any objection, Mr. Lally, to putting a "not guilty" on that?
MR. LALLY: For each of the lesser includeds?
JUDGE CANNONE: Yes.
MR. LALLY: No, Your Honor.
JUDGE CANNONE: But it would have to follow -- instead of it being not guilty first, it would have to be guilty or not guilty.
MR. LALLY: Correct. Yes.
JUDGE CANNONE: So it would be reversed and it would draw attention to it?
COURT CLERK: Three not guilties on one indictment?
JUDGE CANNONE: Yes.
COURT CLERK: They would check not guilty on all three times as opposed to just checking not guilty once?
MR. JACKSON: That then leaves open the question for the subsequent, the subordinate lesser includeds.
COURT CLERK: Not guilty is not guilty.
MR. JACKSON: No, it's not.
JUDGE CANNONE: Of the first one. And then if they --
COURT CLERK: Yes.
JUDGE CANNONE: That's right.
MR. JACKSON: They have to find her not guilty of the superior charge to even get to the subordinate charges. And then they have to have a choice of guilty or not guilty on each of the subordinate charges. And my suggestion would be it has to be in the same order. In other words, not guilty comes first, then guilty as charged. Then the subordinate charge, not guilty of the subordinate and guilty of the subordinate.
JUDGE CANNONE: All right. So let's hold the verdict slips. I'm sure you're all tired, but let me take a look at this. I've been trying to get my instructions ready. So let me take a look at this.
MR. YANNETTI: We are going to be around. We are going to go across the street and have lunch, but we'll be here. And I have given my cell phone number to Mr. McDermott.
JUDGE CANNONE: So we've got -- I'll see counsel at sidebar.
(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: Thank you.
MR. JACKSON: Thank you.
(Whereupon, the sidebar conference concluded anda brief recess was taken.)
MR. JACKSON: Also, for the record, may we be excused until --
JUDGE CANNONE: Not until we do whether the exhibits are in order.
COURT CLERK: Counsel and I had a chance to go over the exhibits and they are ready to go to the Jury.
MR. JACKSON: Yes. For the defense, I have.
MS. MCLAUGHLIN: Yes, Your Honor. For the Commonwealth, I've personally gone through all of the exhibit books, and I am content that all of the exhibits are there.
JUDGE CANNONE: Okay. There was one that had not been redacted. Has that been done?
MR. YANNETTI: That particular exhibit needs to go back into the book. It's already evidence.
JUDGE CANNONE: All right. Thank you. Just make sure the court officers have your cell phone numbers.
COURT CLERK: I need to put one more thing on the record. The case always goes with the laptop that's provided by the Commonwealth of Massachusetts, that it's clean. That's the case here, correct?
MR. LALLY: Yes. All that's in there is a clean laptop, as well as a charger.
JUDGE CANNONE: All right. We are still in session. Is the defense content?
MR. JACKSON: We're content. Yes.
JUDGE CANNONE: No. There was another question.
MR. YANNETTI: I'm sorry.
COURT CLERK: The laptop.
MR. YANNETTI: Yes, we are.
JUDGE CANNONE: All right. Thank you.
(Whereupon, there was a luncheon recess taken.)
AFTERNOON SESSION
(Court resumes at 4:11 p.m.)
(Defendant present. Jury not present.)
JUDGE CANNONE: All right. So I want to bring that alternate juror in. So that is what we are going to do first. And, actually, too, I came out here on three different occasions. I think it was one on verdict slips, one to send my charge in and nobody was around. Certainly by 10 minutes of 4:00, you all should have been around. Please don't shake your head. Your lawyers probably don't want to see you shaking your head at me on that. All right, Ms. Read? So tomorrow morning, counsel, all counsel must remain in the building from 9:00 until 10:00, at least, until I tell you you can leave, and, at the end of the day from 3:30 to 4:30, and we will take it from there. Okay? Mr. Yannetti, you certainly know that when Jurors are going out, oftentimes there are things that need to be done. So I would have liked to have talked to this juror before now.
MR. YANNETTI: Oh.
JUDGE CANNONE: And I sent a note in to the jurors at 4:00. There was nobody here when I wanted to send that note in. So there was a note that was sent to the jurors at 4:00 o'clock about whether they want to go home. They do want to go home. Okay?
MR. YANNETTI: That will not happen again.
Court Order: Jurors or Juror Issues
Court Order: Jurors or Juror Issues
JUDGE CANNONE: Bring in all of the jurors.
(Whereupon, the jury entered the courtroom at 4:22 p.m.)
JUDGE CANNONE: All right, jurors. So as you know, I sent you ina note at 4:00, asking if you wanted to go home and come back tomorrow. You said yes. I apologize it took us so long to get everybody together to do this. So I am going to excuse you for today. When you come back tomorrow, you will start again after coming into the courtroom. So I do have to give you those three cautions. And the cautions also concern the alternates. So please do not discuss this case or any aspect of this case with anybody. Do not do any independent research or investigation into this case. If you happen to see, hear or read anything about this case, please disregard it and let us know. You've all worked so hard for this last eight, nine, 10 weeks, however long it is. Let's just make sure that you continue to be as secure in how you've done things as you have been. We really appreciate it. So we will see you tomorrow morning. Have a good night.
(Whereupon, the jury exits the courtroom.)
(Whereupon, juror communication was entered and marked Exhibit "OOO" for Identification.)
JUDGE CANNONE: All right. We'll see everybody tomorrow.
(Whereupon, the Court adjourned.)