The jury in the Karen Read murder trial remained deadlocked Monday, its fifth day of deliberations, and shared the news with the court in a note the likes of which the judge said she'd never seen before.
In a hearing shortly before reading out the note, Judge Beverly Cannone called the jury "extraordinary." She later sent the jury back to continue deliberating, after reading what's known as Tuey-Rodriguez instructions, which Massachusetts judges often read to juries that are at an impasse.
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Here is the jury's full note, as read by Cannone:
Judge Cannone,
Despite our commitment to the duty entrusted in us, we find ourselves deeply divided by fundamental differences in our opinions and state of mind. The divergence in our views are not rooted in a lack of understanding or effort but deeply held convictions that each of us carry, ultimately leading to a point where consensus is unattainable. We recognize the weight of this admissions, and the implications it holds.
In the Tuey-Rodriguez response, Cannone told the jurors that they "should consider that it is desirable that this case be decided," to trust in their ability to judge the case and that each juror should reconsider their beliefs.
Before the jury received the instructions, Cannone heard arguments from both sides on whether to give the Tuey-Rodriguez instructions, noting, based in part on the note they sent in, that "this has been an extraordinary jury." She told the lawyers, "I've never seen a note like this, reporting to be at an impasse."
Assistant District Attorney Adam Lally opposed giving the jury additional instructions, saying it's too soon given they have only been deliberating for 22-23 hours.
"They really haven't even had one hour of deliberation equivalent to each of the days of testimony they've heard," he said. "So while they have been at it for a while, I would submit that based on the evidence and testimony of witnesses and complexity in this case, I would submit they have not done a throughout deliberation up until this point."
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Defense attorney David Yannetti, on the other hand, said his view was that it was time for Tuey-Rodriguez.
"They've come back twice indicating essentially that they're hopelessly deadlocked," he said. "They said they've been over all the evidence. At this time they say they have fundamental disagreements of what the evidence means. It's a matter of opinion, it's not a matter of understanding."
Cannone ultimately decided it was time.
