Commonwealth v. Read — Trial ArchiveDeliberation - Day 3
21 linesCOURT CLERK: Hear ye. Hear ye. Hear ye. All parties having anything to do before the Honorable First Justice Beverly Cannone, now sitting in the Dedham Superior Court within and for the County of Norfolk. Draw near. Give your attendance. You shall be heard. God save the Commonwealth from this good court.
JUDGE CANNONE: Thank you. You may be seated. Let's go ahead. Good morning, all. 22-1117, the Commonwealth versus Karen Read. [unintelligible]. Good morning, counsel. Good morning, Ms. Read. Good morning, jurors. Thank you for getting here promptly. I do have those three questions for you. Are you all able to follow the instructions and refrain from discussing this case with anyone since we left this place? Everyone said yes and [unintelligible]. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Did anyone happen to see, hear, or read anything about this case since we left yesterday? Everyone said no. With that, Mr. [unintelligible], I'm going to send you all back out. All rise for the court, please.
JUDGE CANNONE: Thank you. Be seated for the next session.
JUDGE CANNONE: We're back on the record on 22-1117, the Commonwealth versus Karen Read. Okay. All right. So counsel, you're aware of our note from the jury. "Dear Judge Cannone, I am writing to inform you on behalf of the jury that despite our exhaustive review of the evidence and our diligent consideration of all disputed evidence, we have been unable to reach a unanimous verdict. Signed by the foreperson." So I want to hear from counsel your view on whether there has been due and thorough deliberation. So let's start with the Commonwealth.
MR. LALLY: My answer would be no, Your Honor. There simply hasn't been sufficient time yet.
JUDGE CANNONE: And what does the defense say?
MR. YANNETTI: We believe that there has been.
JUDGE CANNONE: All right. So I'll hear from both of you in more detail. Mr. Lally, I will hear you.
MR. LALLY: Your Honor, the jury received this case just earlier this week. They've had slightly shortened days and I'm not in any way, shape or form suggesting that they haven't conducted their due diligence in regard to their deliberative process. But 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. Furthermore, the note doesn't really indicate affirmatively that they can't come to a conclusion. It just says that they haven't come to a conclusion through their deliberative process at this time. So they're not even asking for one is what I would say.
JUDGE CANNONE: All right. Thank you. Mr. Yannetti, I'll hear you.
MR. YANNETTI: Your Honor, I would disagree with Mr. Lally's characterization of the note. 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. This is a case where the jury has the legal instructions. They've only really asked one question, which was to try to get a report that they were not allowed to get. And I think the message has been received that the evidence is closed. They won't get anything more. They've been working essentially nonstop over the last three, four days. You know, we're approaching a weekend. They didn't come back with this at three o'clock or four o'clock. They're at 12 o'clock and they have nowhere to turn.
MR. YANNETTI: So our position is the jury should be read the Tuey-Rodriguez model instruction and then brought back in.
JUDGE CANNONE: Okay. All right. So you all know that it is within my discretion — I decide. So a case that has been — you know, it's a long case. This is our fourth day of deliberations, but Tuesday was a short afternoon, maybe two and a half hours. Wednesday, they left early because of an appointment. Yesterday was also shortened a little bit. And this note arrived with less than three hours of deliberations today. So the length of the trial, the length of the deliberations — I know the case had — 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. So I am going to send them back out. We'll bring them in and we'll do that now.
COURT OFFICER: All rise for the court, please. Jurors enter. Back in session. You may be seated.
JUDGE CANNONE: All right. So jurors, I'm in receipt of your note. "I am writing to inform you on behalf of the jury that despite our exhaustive review of the evidence and our diligent consideration of all disputed evidence, we have been unable to reach unanimous verdicts, signed by your foreperson." We all know how hard you've been working. Lunch will be arriving shortly. When it comes, I'd ask you to clear your heads, have lunch, and begin your deliberations again. Continue your deliberations. All right? So I'm sending you back out. All rise for the court, please. Thank you. Be seated. Court is still in session. All right. So the note has been marked for identification. And we'll see you all either at three thirty or when you get a phone call. [unintelligible]. Thank you.
JUDGE CANNONE: : Stream muted : Stream unmuted Thank you. All right. So I sent the note in at three thirty like I've done each day asking if they want to go home or continue. They indicated that they want to continue until four fifteen. So we will continue until four fifteen. Madam court reporter. Thank you. Okay. All right. So I'll see you at four fifteen. : Stream muted ```
COURT OFFICER: The court is in session. Be seated.
JUDGE CANNONE: So jurors, we all know how hard you've been working. It's been a long day. We're going to let you go home. We'll see you Monday morning at nine o'clock. To the extent that you can, please just not think about this case this weekend. Clear your heads. We'll start fresh on Monday. So please follow those instructions. Do not discuss this case with anyone. Don't do any independent research or investigation into the case. If you happen to see, hear, or read anything about the case, please disregard it. We'll see you Monday. Thank you.
COURT OFFICER: All rise for the court, please.
JUDGE CANNONE: Thank you for sitting. Court is still in session. All right. We'll see you Monday morning. Thank you.
MR. YANNETTI: Thank you, Your Honor.