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

Day 34 - June 28, 2024

First Impasse Note And Weekend Deliberation Recess

Judge Beverly J. Cannone
2Proceedings
1Pages
0Witnesses
46Lines
Day 34 of 35

Judge Cannone declined to give a Tuey-Rodriguez instruction after the jury's first impasse note and directed deliberations to continue. The jury was released for the weekend and set to return Monday.

Full day summary

After the jury reported it could not reach a unanimous verdict despite an exhaustive review of the evidence, the parties disagreed over whether to give a Tuey-Rodriguez instruction. Judge Cannone declined to give the instruction, finding deliberations had not yet been due and thorough in light of the case's length, 74 witnesses, 657 exhibits, complex issues, and shortened deliberation periods. The jury continued deliberating until 4:15 p.m. and was then released for the weekend, with deliberations set to resume Monday at 9:00 a.m.

Notable Moments

First Jury Impasse Note and Tuey-Rodriguez Argument

Judge Cannone found that the jury had not yet engaged in due and thorough deliberations, citing the case's length, 74 witnesses, 657 exhibits, complex issues, and shortened deliberation periods; she directed the jury to continue deliberating.

View moment →

First Jury Impasse Note and Tuey-Rodriguez Argument

Later that afternoon, the jury elected to continue deliberating until 4:15 p.m.

View moment →

Jury Deliberations Recess for Weekend

Judge Cannone released the jury for the weekend, directed jurors not to discuss or research the case, and set deliberations to resume Monday at 9:00 a.m.

View moment →
Notable Quotes
Beverly J. Cannone
“I am not prepared to find that there have been due and thorough deliberations at this point.”
Judge Cannone explained her decision not to give a Tuey-Rodriguez instruction and to return the jury to deliberations.
Video thumbnail for Day 34 — Verdict Watch / Deliberations 7h 32m
Watch →

1. Deliberation - Day 3

After the jury reported an impasse, Judge Cannone declined to give a Tuey-Rodriguez instruction and directed further deliberations before releasing jurors for the weekend.

→
Procedural
Deliberation - Morning Check-In
9 lines
Procedural
First Jury Impasse Note and Tuey-Rodriguez Argument
28 lines

After the jury reported that it had been unable to reach a unanimous verdict despite an exhaustive review of the evidence, the Commonwealth argued that deliberations were still too early for a Tuey-Rodriguez instruction. The defense disagreed and asked that the instruction be read. Judge Cannone concluded that the jury had not yet deliberated due and thoroughly, noting the length and complexity of the case, 74 witnesses, 657 exhibits, and shortened deliberation periods. She sent the jury back to continue deliberating; later, the jury chose to continue until 4:15 p.m.

Procedural
Jury Deliberations Recess for Weekend
9 lines

Judge Cannone released the jury for the weekend, instructed jurors not to discuss, research, or rely on outside information about the case, and directed them to return Monday at 9:00 a.m. Two media-related envelopes were marked "XXX" for identification before adjournment.

◀ Day 33 Trial 1 Day 35 ▶