Commonwealth v. Read — Trial Archive
Trial 1 Trial Day
◀ Day 31 Trial 1 Day 33 ▶

Day 32 - June 26, 2024

Judge Beverly J. Cannone · Trial 1 · 4 proceedings · 75 lines

Day 32 of 35

The jury resumes deliberations for its first full day while the court resolves a verdict-slip challenge and issues a supplemental instruction on lesser offenses.

Full day summary

Day 32 is devoted entirely to jury deliberations, with no witnesses or testimony. The day opens with the standard overnight canvass before Judge Cannone sends the jury back to continue. Defense attorney Alan Jackson mounts a formal challenge to the count two verdict slip, arguing that the absence of explicit 'not guilty' checkboxes for lesser included offenses — manslaughter while OUI, involuntary manslaughter, and motor vehicle homicide — effectively directs a verdict and constitutes an immediately appealable error. Judge Cannone overrules the objection, maintaining that a blank checkbox implies acquittal under standard Massachusetts practice, but later drafts a supplemental instruction to clarify the descending evaluation order. Jackson secures one amendment — an explicit 'not guilty of the offense charged or any lesser included offense' line at the top of the slip — which the Commonwealth does not oppose. The jury also requests the CERT report during deliberations; Cannone denies the request, informing jurors they already have all admitted evidence. Deliberations conclude for the day at approximately 6:39 PM, with the jury ordered to return the following morning.

Key Moments
  • Defense attorney Alan Jackson formally objects to the count two verdict slip for lacking explicit 'not guilty' options on lesser included offenses, preserving the issue for appeal.
  • Judge Cannone overrules the objection, ruling that an unmarked guilty box constitutes a not guilty finding under standard Massachusetts verdict slip format.
  • The jury requests the CERT report during deliberations; Judge Cannone denies the request, confirming jurors have all admitted evidence.
  • Cannone drafts and delivers a supplemental instruction clarifying the descending order of lesser included offenses on count two, incorporating Jackson's requested amendment adding an explicit 'not guilty of the offense charged or any lesser included offense' line.
  • Deliberations end at approximately 6:39 PM at the jury's request; the panel is ordered to return the next morning.
Notable Quotes
Alan Jackson
“How do they decide that she's not guilty of involuntary manslaughter on that verdict slip?”
Jackson's question states the defense objection to omitting explicit not-guilty options for lesser included offenses.
Alan Jackson
“I don't really care how it always is in Massachusetts. I care about whether or not it's appropriate.”
Jackson argued that standard practice did not answer the defense's fairness and appellate concerns about the verdict slip.
Alan Jackson
“Not guilty of the offense charged or any lesser included offense. I think the clarifying language that I proposed is important.”
The proposed language expressly covered acquittal of the charged offense and all lesser included offenses; the court incorporated the clarification.
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Deliberation — Day 1

The jury resumes deliberations. Judge Cannone rules on a verdict slip objection and issues supplemental instructions clarifying the procedure.

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Procedural
Deliberation - Jury Sent Out
6 lines

Court opens with the standard jury canvass — Judge Cannone confirms all jurors refrained from discussing the case, conducting independent research, or encountering media coverage overnight. The jury is sent back to continue deliberations. Judge Cannone instructs counsel to remain in the building until 10 AM and return by 3:30 PM, available on five minutes' notice. Shortly after, the court clerk reports a jury question: the jurors request to end deliberations by 4 PM due to a juror's scheduling conflict. Judge Cannone grants the request and sends the note back.

Procedural
Verdict Slip Argument - Lesser Included Not Guilty Options
22 lines

Defense attorney Alan Jackson raises an objection to the verdict slip format, arguing that the lesser included charges (under the murder charge) lack explicit "not guilty" options for the jury to check. Judge Cannone states she considered the issue overnight and determined the standard Massachusetts verdict slip format is appropriate — if jurors do not check "guilty" on a subordinate charge, the slip reads as "not guilty." Jackson argues this effectively directs a verdict on lesser included charges and notes it would be immediately appealable. Co-counsel David Yannetti supports Jackson, stating he has never seen a verdict slip without a "not guilty" option. Judge Cannone overrules the objection and ends the discussion. Jackson notes the defense's strong objection for the record.

Procedural
Deliberation - Jury Questions
31 lines

During deliberations, the jury sends a question asking for the CERT report detailing the search performed. Judge Cannone denies the request, telling jurors they have all the evidence in the case. Separately, Judge Cannone announces she has drafted a supplemental instruction addressing the defense's earlier objection about the verdict slip lacking explicit 'not guilty' options for lesser included offenses on count two. She reads the proposed clarifying language to counsel, walking through the descending order of charges: manslaughter while OUI, involuntary manslaughter, and motor vehicle homicide. Jackson asks for one amendment — adding 'not guilty of the offense charged or any lesser included offense' to the top of the slip — which the Commonwealth does not oppose and Cannone accepts. The jury is brought in and Cannone delivers both the denial of the CERT report request and the full supplemental instruction on count two.

Procedural
Deliberation - Afternoon Session
16 lines

Court reconvenes to confirm the revised verdict slip incorporating the defense's requested amendment. Both Jackson and Lally confirm the slip is in order. Judge Cannone instructs Officer Lydon to swap the old count two verdict slip — having jurors fold it, seal it in an envelope, and mark it for identification — and sends in both the new slip and a transcript of the morning's supplemental instruction. The court recesses for the one-to-two lunch break. Deliberations resume in the afternoon, and at approximately 6:39 PM the jury indicates they wish to stop for the day. Judge Cannone suspends deliberations and instructs jurors to return at nine the following morning, repeating the standard admonitions.

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