In Reed case, pass judgement on has few choices to get to the bottom of deadlock

“There is truly not anything she will do. And there is no doubt about it, it is a very aggravating second — what you are saying when the jury is accumulated to planned is truly vital,” retired federal Pass judgement on Nancy Gertner mentioned.

However mavens have warned that those directions – identified in felony circles as “dynamite fees” – pose the chance of pressuring jurors or influencing them to switch their stance in achieving a verdict.

“The dynamite fee is mainly just like the pass judgement on throwing a stick of dynamite right into a room the place they do not know what is truly happening,” mentioned Randy Gioia, retired deputy leader recommend for the general public protection department of the Committee on Public Suggest Products and services.

“The most important possibility is that a number of jurors will abandon their fair view of the proof,” Gioia mentioned.

Reed is accused of killing her boyfriend, Boston police officer John O’Keefe, by means of hitting him from in the back of along with her SUV in Canton after an evening of consuming in January 2022. She is charged with second-degree homicide, manslaughter whilst using drunk and leaving the scene of private damage and dying.

Reed’s attorneys say he’s the sufferer of a police cover-up. They allege O’Keefe used to be killed inside of the house of a fellow Boston police officer and thrown outdoor all the way through a storm from snow.

The jury started deliberations Tuesday after a just about two-month trial. On Friday, the jury despatched a be aware to Cannon announcing they had been deadlocked in spite of a “thorough assessment” of the proof.

Reed’s attorneys argued that the jury used to be deadlocked and instructed the pass judgement on to offer particular directions for a deadlocked jury. Prosecutors instructed Cannon to inform jurors to proceed deliberations with out issuing any directions.

Sided with the prosecution, Cannon advised jurors to proceed deliberating however didn’t remind them that they’d a civic responsibility to take a look at to achieve a verdict.

The pass judgement on advised lawyers there have been “very advanced problems” within the case and he did not assume the jury deliberated deeply.

The jury deliberated for a number of hours Friday and used to be requested to planned once more Monday.

If the Reed jury deadlocks, Cannon may need to claim a mistrial. Prosecutors should come to a decision whether or not to take a look at Reed once more, or take a look at him once more. Compromise with him or withdraw the fees.

“It is a difficult case as a result of nobody needs to be attempted once more as a result of the entire pretrial exposure,” protection legal professional Tim Flaherty mentioned in a message to the Globe Sunday. He known as Cannon a very good pass judgement on and mentioned she would “do her easiest to stay the trial honest and ship a verdict.”

Daniel Medved, a professor at Northeastern College College of Legislation, mentioned he used to be no longer stunned the jury deadlocked.

Medved mentioned the case has generated sturdy feelings amongst observers, and it is comprehensible those self same feelings might be replicated within the jury room.

“I believe what Pass judgement on Cannon is doing now’s she acknowledges that laying this fee, to a point, [a] “It is a ultimate ditch effort,” Medved mentioned. “And so she needs to look if the jurors can paintings it out for themselves sooner than she brings fees.”

Cannon is illegitimate from intervening within the jury’s deliberations — that means she can not query the panel about which means they are leaning, or whether or not a juror has already made up his or her thoughts within the case.

In step with Gaertner, Gioia, and Medved, sending a deadlocked jury again to paintings time and again might build up the drive on it to achieve a verdict.

Gioia mentioned that within the Reed case, jurors had been confronted with making tricky choices as a result of conflicting testimony and proof offered at trial.

“Is it a criminal offense or no longer a criminal offense? Is it homicide or manslaughter? Or is it a mix of each?” Gioia mentioned. “That is what makes this situation somewhat tough as a result of there are problems – no longer simplest of guilt or no guilt, but additionally the diploma of guilt, if there’s any guilt in any respect.”

Gertner mentioned the jury would proceed its paintings although it will no longer succeed in a verdict within the Reed case. He mentioned the loss of a verdict is a call in itself.

“In different phrases, if they may be able to’t succeed in a verdict, it is truly a verdict that claims 12 other folks may no longer agree that there used to be proof past an affordable doubt,” Gertner mentioned.

John Hilliard may also be reached at john.hilliard@globe.com.