Commonwealth v. Read — Trial Archive
Trial 1 Trial Day
◀ Day 33 Trial 1 Day 35 ▶

Day 34 - June 28, 2024

Judge Beverly J. Cannone · Trial 1 · 2 proceedings · 21 utterances

Day 34 of 35

The jury sends its first impasse note after four days of deliberations; Judge Cannone rejects a Tuey-Rodriguez instruction and sends jurors home for the weekend.

Full day summary

On the fourth day of deliberations, the jury sent Judge Cannone a note declaring they had conducted an 'exhaustive review of the evidence' and could not reach a unanimous verdict. ADA Lally argued the jury had deliberated for too short a time — citing shortened deliberation days — to warrant a Tuey-Rodriguez charge. Defense attorney Yannetti countered that the jury's own word 'exhaustive' signaled a genuine impasse warranting the instruction. Judge Cannone declined, finding that due and thorough deliberations had not yet occurred given the trial's scale — 74 witnesses and 657 exhibits — and sent the jury back to continue. The jury later requested to deliberate until 4:15 PM before Judge Cannone released them for the weekend, instructing them to return Monday morning.

Key Moments
  • The jury sends its first impasse note, declaring they have been unable to reach a unanimous verdict despite an 'exhaustive review of the evidence.'
  • ADA Lally argues it is 'far too early' to consider a Tuey-Rodriguez instruction given the trial's complexity and the relatively brief deliberation period.
  • Defense attorney Yannetti argues the jury's own language — 'exhaustive' — signals genuine deadlock and requests the Tuey-Rodriguez model instruction.
  • Judge Cannone declines to issue the instruction, citing 74 witnesses and 657 exhibits, and orders the jury to continue deliberating.
  • Judge Cannone releases the jury for the weekend with standard cautionary instructions, directing them to return Monday morning.
Notable Quotes
Beverly J. Cannone
“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.”
The judge's stated reasoning — the sheer volume of evidence — becomes the legal justification for denying the Tuey-Rodriguez instruction and keeping deliberations alive.
David Yannetti
“The word 'exhaustive' is the word I think that's operative here. They're communicating to the court that they exhausted all manner of compromise, all manner of persuasion, and they're at an impasse.”
Yannetti's argument centers on the jury's own word 'exhaustive,' framing the impasse note as a declaration of deadlock rather than a routine status update.
Adam Lally
“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 or anything close to that.”
Lally's emphatic rebuttal establishes the Commonwealth's position that the note signals progress, not deadlock, anchoring the day's central legal dispute.

Deliberation - Day 3

Jury signals deadlock in their first impasse note; Judge Cannone denies mistrial instruction and releases jury for the weekend.

→
Procedural
First Impasse Note - Tuey-Rodriguez Argument
14 utt.

The jury sent a note to Judge Cannone stating they had conducted an 'exhaustive review of the evidence' and were 'unable to reach a unanimous verdict.' ADA Lally argued it was far too early to consider a Tuey-Rodriguez instruction, noting the jury had only been deliberating since earlier that week with shortened days. Defense attorney Yannetti argued the jury's use of the word 'exhaustive' signaled a genuine impasse and requested the Tuey-Rodriguez model instruction. Judge Cannone exercised her discretion, finding that due and thorough deliberations had not yet occurred given the trial's length (74 witnesses, 657 exhibits), and sent the jury back to continue. The jury later indicated they wished to continue deliberating until 4:15 PM.

Procedural
Deliberation - Weekend Sendoff
5 utt.

After the jury's first impasse note and subsequent resumed deliberations, Judge Cannone released the jury for the weekend. She acknowledged their hard work and encouraged them to clear their heads, reminding them not to discuss the case, conduct independent research, or consume any media coverage. The jury was instructed to return Monday morning at nine o'clock to continue deliberations.

+1 procedural segment
◀ Day 33 Trial 1 Day 35 ▶