Commonwealth v. Read — Trial Archive
Trial 1 Trial Day
◀ Day 34 Trial 1

Day 35 - July 1, 2024

Judge Beverly J. Cannone · Trial 1 · 3 proceedings · 38 lines

Day 35 of 35

Judge Cannone declares a mistrial after the jury returns a third impasse note, ending Trial 1 without a verdict.

Full day summary

On July 1, 2024, the final day of Trial 1, the court opened with a standard jury check-in before the deliberating jury sent a second note reporting continued deadlock. After hearing arguments from both sides, Judge Cannone found the jury had conducted due and thorough deliberation and issued the Tuey-Rodriguez instruction, directing jurors to continue deliberating with an open mind. Hours later, the jury returned a third note describing themselves as 'starkly divided' — with some members finding the evidence sufficient and others finding it insufficient — and stating that further deliberation 'would be futile.' Judge Cannone accepted the jury's assessment and declared a mistrial, thanking the jurors for their service. The court scheduled a status conference for July 22, 2024, at 2:00 p.m. to address next steps.

Key Moments
  • The jury sends a second impasse note, prompting arguments from both sides on whether deliberations have been sufficiently thorough.
  • Judge Cannone finds that the jury has conducted due and thorough deliberation and orders the Tuey-Rodriguez instruction.
  • The jury returns a third note describing themselves as 'starkly divided' on whether the evidence meets the beyond-a-reasonable-doubt standard.
  • Judge Cannone declares a mistrial after the jury's third impasse note, ending Trial 1 without a verdict.
  • The court schedules a status conference for July 22, 2024, at 2:00 p.m. to address next steps.
Notable Quotes
Adam Lally
“they really haven't even had one hour of deliberation equivalent to one day of testimony for each of the days of testimony that they've heard”
Lally estimated 22 to 23 hours of deliberation and argued that this was less than one hour for each day of testimony.
Beverly J. Cannone
“Our perspectives on the evidence are starkly divided. Some members of the jury firmly believe that the evidence surpasses the burden of proof, establishing the elements of the charges beyond a reasonable doubt. Conversely, others find the evidence fails to meet this standard and does not sufficiently establish the necessary elements of the charges.”
The jury's note explains the division: some jurors found the burden of proof met, while others did not.
Beverly J. Cannone
“Your service is complete. I'm declaring a mistrial in this case.”
Cannone declared a mistrial and told the jurors that their service was complete.
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Deliberation - Day 4

Jury deliberations conclude in mistrial after a second impasse report, the Tuey-Rodriguez instruction, and a final finding that continued deliberation is futile.

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Procedural
Deliberation - Morning Check-In
4 lines

The court opens the morning session of July 1, 2024, during jury deliberations. Judge Cannone calls the case of Commonwealth v. Karen Read (22-1117) and greets counsel, the defendant, and the jury. She asks the jurors three standard questions: whether they refrained from discussing the case, whether they avoided independent research, and whether they encountered any media about the case. The jurors affirm compliance with the no-discussion and no-research instructions and report no media exposure. The judge then directs the jury back to continue deliberations.

Procedural
Second Impasse Note - Tuey-Rodriguez Instruction
12 lines

The jury sends a second note reporting they remain at an impasse during deliberations. Judge Cannone asks both sides to address whether the jury has conducted due and thorough deliberations. ADA Lally argues they have not, noting 29 days of testimony, 657 exhibits, 74 witnesses, and only approximately 22-23 hours of deliberation — less than one hour per day of testimony. Defense attorney Yannetti argues the jury has come back twice indicating deadlock, reported reviewing all evidence exhaustively, and identified fundamental disagreements about what the evidence means rather than a lack of understanding. Judge Cannone finds the jury has conducted due and thorough deliberation, calling them an extraordinary jury, and orders the Tuey-Rodriguez instruction be given.

Procedural
Third Impasse Note - Mistrial Declared
22 lines

Judge Cannone delivers the Tuey-Rodriguez instruction to the jury, directing them to examine the issues with candor and respect for each other's opinions while reminding them that the burden of proof rests on the Commonwealth. The jury is sent back to deliberate. Hours later, the jury returns with a third note stating they remain 'starkly divided' — some believe the evidence meets the burden of proof while others find it does not — and that continued deliberation 'would be futile.' Judge Cannone declares a mistrial, telling the jurors 'I'm not going to do that to you folks' and thanking them for their service. The court schedules a status date of July 22 at 2:00 PM to determine next steps.

◀ Day 34 Trial 1