Day 35 - June 17, 2025

Judge Cannone opens the session with the standard jury admonitions, confirming jurors have not discussed the case, conducted independent research, or encountered media coverage. She sends the jury back to deliberate and instructs counsel to be present at 4:00 PM, when she plans to send a note to the jury. A brief exchange follows regarding Attorney Yannetti's late arrival to the courtroom, which he explains was due to being held downstairs while the jury was being brought in.

During deliberations, Judge Cannone receives three questions from the jury on note cards. The first asks about the timeframe for the OUI charge — whether it refers to 12:45 AM or 5:00 AM. The second asks whether video clips of Karen Read's interviews are evidence and how they can be considered. The third asks whether convicting on a subcharge convicts on the overall charge. Judge Cannone proposes answers for each: she finds the OUI timeframe question clear-cut, suggests a humane practice instruction for the interview clips along with guidance on weight, and presents a revised verdict slip incorporating jury instruction language to address the subcharge question. She grants counsel 20 minutes to consult before reconvening.

Judge Cannone reconvenes with Attorney Jackson and ADA Brennan to finalize responses to the jury's three questions. On the OUI timeframe question, both sides agree the court should simply direct jurors to the evidence without specifying a time, since the indictment does not state one. On whether Karen Read's interview video clips are evidence, the prosecution argues they should be treated like any other evidence without limiting instructions, while the defense insists the court include 'if any' language regarding weight to prevent jurors from feeling obligated to credit the statements. Judge Cannone settles on telling jurors the videos are evidence to be weighed as they see fit, followed by the humane practice instruction, with the defense waiving the digital evidence instruction. The parties then walk through detailed amendments to the verdict slip, including adding 'stop and sign' language, clarifying lesser-included-offense findings, and ensuring consistent formatting throughout. Both sides agree to the revised slip, and the judge prepares to bring the jury back to walk them through it.

Judge Cannone brings the jury back into session and delivers the agreed-upon responses to their three questions. On the OUI timeframe, she tells jurors they have all the evidence and are the fact finders. On whether Karen Read's interview video clips are evidence, she confirms they are but instructs jurors they must first determine beyond a reasonable doubt that the statements were made voluntarily before considering them. She then distributes an amended verdict slip that adds 'stop and sign' language at each decision point, walking the jury step by step through the hierarchy: manslaughter while OUI, involuntary manslaughter, motor vehicle homicide (felony OUI), and finally OUI — instructing them to stop at the first guilty finding or return to the not-guilty box if they acquit on all offenses.

During deliberations, the jury sends a fifth question asking whether a not-guilty finding on two charges but disagreement on a third constitutes a hung jury on all charges or just one. Judge Cannone characterizes it as theoretical and proposes responding that she cannot answer it. Attorney Jackson objects, arguing the question concerns verdict reporting procedures rather than consequences, and urges the court to say the question is premature rather than unanswerable — warning that refusing to address it could lead to the same situation as the first trial. ADA Brennan sides with the judge's approach. After a brief defense conference, Jackson proposes a compromise adding 'premature' language, which the judge partially adopts by agreeing to call it a 'theoretical question' before sending the response to the jury.

Judge Cannone addresses the jury at the close of the day, acknowledging the long session and thanking them for their work. She delivers the standard admonitions: do not discuss the case, do not conduct independent research, disregard any media exposure and report it, and exercise caution with social media. She instructs jurors to clear their heads overnight and return the next morning to resume deliberations.