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

Day 35 - July 1, 2024

Impasse Instruction Given, Mistrial Declared

Judge Beverly J. Cannone
3Proceedings
1Pages
0Witnesses
58Lines
Day 35 of 35

Judge Cannone gave a Tuey-Rodriguez instruction after a second impasse note, then declared a mistrial after a later note reported continued impasse.

Full day summary

After receiving a second note reporting an impasse, Judge Cannone found that the jury had deliberated duly and thoroughly, gave a Tuey-Rodriguez instruction, and returned the jurors to deliberate. A later note stated that the jurors remained at an impasse and that further deliberation would be futile. Judge Cannone declared a mistrial, discharged the jury, and set a July 22 status date.

Notable Moments

Judge Orders Tuey-Rodriguez Instruction After Second Impasse Note

The judge found due and thorough deliberations and ruled that she would give the Tuey-Rodriguez instruction.

View moment →

Jury Remains at Impasse; Mistrial Declared

Following a further note stating that continued deliberations would be futile, Judge Cannone declared a mistrial and discharged the jury.

View moment →
Notable Quotes
Beverly J. Cannone
“I am declaring a mistrial in this case.”
Judge Cannone formally ended the trial after the jury reported it remained at an impasse.
Video thumbnail for Day 35 — Mistrial Declared 6h 14m
Watch →

1. Deliberation - Day 4

Jurors resumed deliberations, received a Tuey-Rodriguez instruction after a second impasse note, and were later discharged when Judge Cannone declared a mistrial.

→
Procedural
Jury Resumes Deliberations After Morning Check-In
11 lines

The judge confirmed that jurors had followed instructions since the prior session and sent them back to resume deliberations.

Procedural
Judge Orders Tuey-Rodriguez Instruction After Second Impasse Note
13 lines

After a second jury note reporting an impasse, the Commonwealth argued that the jury had not yet deliberated long enough given the trial's testimony, exhibits, witnesses, and complexity. Defense counsel requested a Tuey-Rodriguez instruction, arguing the notes showed the jurors had reviewed the evidence but had fundamental disagreements about its meaning. The judge found due and thorough deliberations and ruled that she would give the instruction; the jury communication was marked Exhibit "YYY" for identification.

Procedural
Jury Remains at Impasse; Mistrial Declared
34 lines

Judge Cannone first gave supplemental instructions after receiving a note that jurors were deeply divided and returned them to deliberate. After a later note said the jurors remained at an impasse and that further deliberation would be futile, Judge Cannone declared a mistrial and discharged the jury. The court set a July 22 status date.

◀ Day 34 Trial 1