00:00And the question is, it is with a heavy heart that we report we are unable to come to a
00:06unanimous decision and will not be able to.
00:12Under the statute and the case law, I don't feel I have any choice but to declare a mistrial at
00:19this time.
00:19Well, before you do, I'd like to be heard, Your Honor.
00:21Well, that's why I asked you before, but go ahead.
00:23Well, I just got to that first one. I didn't get to the other one.
00:26All right.
00:26But under Rule 27B of the Massachusetts Rules of...
00:29Criminal Procedure, quote, gives a trial judge discretion to require a jury to return a verdict for charges on which
00:38they have agreed before declaring a mistrial.
00:41As it relates to, and again I continue, quote, judge may first require the jury to return verdicts on those
00:48charges upon which the jury can agree and direct that such verdicts be received and recorded.
00:54So I'm asking that the court would entertain a poll of the jurors as to whether or not there has
00:59been a decision on murder one, murder two, manslaughter, anything like that.
01:04And if that's the case, then I certainly would argue that double jeopardy is attached and those judges cannot be
01:09prosecuted again.
01:11All right.
01:11Carmel?
01:12I would object to that, Your Honor.
01:13I would go into the deliberations.
01:15I think we're in a different scenario here than the Reed case, where I believe in that case they did
01:19reach a verdict on certain charges and not on others.
01:22But I think here, where we've had a jury who's been deliberating for six and a half days, who's come
01:28back on multiple occasions saying that they're deadlocked, who have been given Tui, I don't think anything else is required
01:35at this point other than the declaration of a mistrial, unfortunately.
01:41Over the defendant's objection, I'm going to declare a mistrial at this point.
01:48All right.
01:49We'll bring the jury in.
