Commonwealth v. Read — Trial ArchiveDeliberation - Day 3
46 linesP R O C E E D I N G S June 27, 2024
(Court in session at 9:06 a.m.)
(Defendant present. Jury present.)
COURT CLERK: Hear ye, hear ye, hear ye. All parties that have 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 and you shall be heard. God save the Commonwealth and this court. Thank you. You may be seated. Court is now in session.
COURT CLERK: Good morning, Your Honor. 22-117, Commonwealth versus Karen Read.
JUDGE CANNONE: Good morning. Counsel, good morning. Good morning, Ms. Read. Good morning, jurors. I want to thank you for getting here promptly. I do have those three questions for you. Were you all able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said "yes" or nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said "yes" or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since we left yesterday? Everyone said "no" or shook their heads. With that, Mr. Foreman, I'm going to send you all back out to deliberate.
(Whereupon, the jury exited the courtroom to resume deliberations at 9:08 a.m. and a brief recess was taken.)
(Court resumes at 12:10 p.m.)
(Defendant present. Jury not present.)
COURT OFFICER: Thank you. Please be seated. Court is in session.
COURT CLERK: We are back on the record on 22-117, Commonwealth versus Karen Read.
JUDGE CANNONE: 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 deliberations. 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. JACKSON: We believe that there has been sufficient time.
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 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. They are 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 are communicating to the Court that they've exhausted all manner of compromise, all manner of persuasion and they are at an impasse. You know, 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, you know, three, four days. You know, we are approaching a weekend. They didn't come back with this at 3:00 o'clock or 4:00 o'clock. They are at 12:00 o'clock, and they have nowhere to turn. So our position is the jury should be read the Tuey-Rodriguez model instruction and go from there.
JUDGE CANNONE: Okay. All right. So you all know that it is within my discretion. I decide. So a case that has been -- it is 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 that 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 am 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 will bring them in, and we will do that now.
(Whereupon, communication from the jury was entered and marked Exhibit "VVV for Identification.)
(Whereupon, the jury entered the courtroom at 12:14 p.m.)
JUDGE CANNONE: All right. So, jurors, I am 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 a unanimous verdict," signed by your foreperson. We all know how hard you've been working. Lunch will be arriving shortly. When it comes, I would ask you to clear your heads, have lunch and begin your deliberations again or continue your deliberations. All right? So I am sending you back up.
(Whereupon, the jury exited the courtroom to resume deliberations at 12:16 p.m.)
COURT OFFICER: Thank you. Be seated. Court is still in session.
JUDGE CANNONE: All right. So the note has been marked for identification and we will see you all either at 3:30 or when you get a phone call.
COURT REPORTER: For the record, that is "VVV" for Identification.
COURT CLERK: "VVV." Thank you.
(Whereupon, there was a brief recess taken.)
A F T E R N O O N S E S S I O N
(Court resumes at 3:42 p.m.)
(Defendant present. Jury not present.)
JUDGE CANNONE: All right. So I sent the note in at 3:30 like I've done each day, asking if they want to go home or continue. They indicated that they want to continue until 4:15. So we will continue until 4:15. Madam Court Reporter?
COURT REPORTER: Yes, Your Honor. That will be "WWW."
(Whereupon, communication from the jury was entered and marked Exhibit "WWW" for Identification.)
JUDGE CANNONE: All right. So I'll see you at 4:15.
(Whereupon, there was a brief recess taken.)
(Court resumes at 4:17 p.m.)
(Defendant present. Jury present.)
JUDGE CANNONE: All right. So, jurors, we all know how hard you've been working. It's been a long day. We are going to let you go home. We will see you Monday morning at 9:00 o'clock. To the extent that you can, please just not think about this case this weekend. Clear your heads. We will 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 morning. Thank you.
(Whereupon, the jury exits the courtroom.)
(Whereupon, two envelopes Re: Media were entered and marked "XXX" for Identification.)
COURT REPORTER: For the record, that's "XXX" for Identification.)
COURT OFFICER: Please be seated. Court is still in session.
JUDGE CANNONE: All right. We will see you Monday morning.
(Whereupon, the Court adjourned.)