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

Day 32 - June 26, 2024

Count 2 Verdict Slip Revised as Jury Deliberations Continue

Judge Beverly J. Cannone
4Proceedings
1Pages
0Witnesses
120Lines
Day 32 of 35

The court revised the Count 2 verdict slip, instructed jurors on lesser included offenses, and suspended deliberations for the day.

Full day summary

The court addressed jury questions during deliberations, including the verdict slip for Count 2 and the jury's request for the SERT report. After initially declining to add separate not-guilty options for lesser included charges, the court agreed to revise the Count 2 slip so a not-guilty finding covered the charged offense or a lesser included offense. The judge told jurors they would receive no additional evidence, gave a supplemental instruction on considering Count 2 and its lesser included offenses in descending order, and later suspended deliberations until 9:00 a.m. the next day.

Notable Moments

Defense Objection to Lesser-Included Verdict Slip Options

The court declined to alter the verdict slip and explained that, if the jury did not check the guilty boxes for the lesser-charge blocks, the slip would read not guilty.

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Jury Question and Supplemental Count 2 Instruction

The defense requested that the Count 2 verdict slip state that a not-guilty finding covers the charged offense and any lesser included offense; the Commonwealth did not oppose the request, and the court agreed to revise the slip.

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Jury Question and Supplemental Count 2 Instruction

The court told jurors they would receive no additional evidence in response to their request for the SERT report, then gave a supplemental instruction on considering Count 2 and its lesser included offenses in descending order.

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Deliberation - Revised Verdict Slip and Afternoon Recess

After the jury indicated it wanted to go home, the court suspended deliberations for the day and instructed jurors to return at 9:00 a.m. without discussing or researching the case.

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Notable Quotes
Beverly J. Cannone
“Yes. That's what the verdict slip reads. It reads "not guilty." If they don't check Block 2, 3 or 4, the verdict slip reads "not guilty." Okay?”
The judge stated the court's interpretation of how the jury could return not-guilty findings without separate boxes for the lesser charges.
Beverly J. Cannone
“You won't be receiving any additional evidence.”
The court's direct response to the jury's request for the SERT report.
Video thumbnail for Day 32 — Verdict Watch / Deliberations 6h 43m
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1. Deliberation — Day 1

Jurors resumed deliberations as the court addressed verdict-slip objections, jury questions, and a revised Count 2 instruction before recessing for the day.

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Procedural
Jury Resumes Deliberations; Scheduling Request Addressed
22 lines

Judge Cannone confirmed that jurors and alternates had complied with the court's instructions and sent the jury back to deliberate. Later, the court agreed to the jury's request to conclude deliberations in time for a 4:00 p.m. bus because of a juror's long-standing scheduling conflict; both sides agreed. The written jury communication was marked Exhibit "PPP" for Identification.

Procedural
Defense Objection to Lesser-Included Verdict Slip Options
33 lines

The court declined to add separate not-guilty options for lesser included charges on the verdict slip. The judge explained that leaving the guilty boxes unchecked would result in a not-guilty reading, while defense counsel objected that explicit not-guilty options were required and preserved a strong objection. After a brief recess, a jury communication was marked QQQ for identification.

Procedural
Jury Question and Supplemental Count 2 Instruction
34 lines

The court told the jury it would not receive the requested SERT report because it already had all evidence in the case. The court then gave a supplemental Count 2 instruction directing jurors to consider the charged offense and lesser included offenses in descending order, and agreed to revise the verdict slip so a not-guilty finding would cover the charged offense or any lesser included offense.

Procedural
Deliberation - Revised Verdict Slip and Afternoon Recess
31 lines

The defense and Commonwealth agreed that the revised verdict slip was in order. The court sent it to the jury, directed that the prior Count 2 slip be sealed and marked for identification, and marked the written supplemental instruction for identification. Later, after a jury communication indicating the jurors wanted to go home, the court suspended deliberations and directed them to return at 9:00 a.m. the next day.

◀ Day 31 Trial 1 Day 33 ▶