1.Supplemental Jury Instructions on Deadlock
48 linesBAILIFF: This court is now in session. Please be seated.
COURT CLERK: Good morning, Your Honor. May I proceed?
THE COURT: Yes, please.
COURT CLERK: Your Honor, before the court today we have the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by attorney Kevin Reddington. The Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.
THE COURT: All right. Well, good morning, everyone. Good morning, counsel. Good morning, Ms. Clancy.
THE COURT: All right. Before we get going, I just wanted to make one comment without an editorial comment. I just wanna remind everybody here and elsewhere that there's been an order that's been issued in regards to the conducting of this case, as well as statutes in this Commonwealth which relate to jurors, witnesses, attorneys, and others in regards to this proceeding. And everybody should be well aware that those, that order and that statute is being enforced and will be enforced. So I just kinda wanted to put that out there with no follow-up or editorial comment. And so counsel, could I see you at sidebar?
BAILIFF: Court all rise. The jurors enter.
BAILIFF: Hear ye, hear ye, hear ye. All persons having anything to do before the Honorable William Sullivan, Justice of the Superior Court, now sitting at Plymouth for the Commonwealth, draw near and give your attendance and you shall be heard. God save the Commonwealth of Massachusetts. This court is now in session. Please be seated.
COURT CLERK: Good morning, Your Honor. May I proceed?
THE COURT: Yes, please.
COURT CLERK: Your Honor, present before the court we have 12 deliberating jurors and six alternates in the matter of Commonwealth versus Lindsay Clancy. Ms. Clancy is present. She is represented by attorney Kevin Reddington. The Commonwealth is represented by Assistant District Attorney Jennifer Sprague and Assistant District Attorney Shanan Buckingham.
THE COURT: All right. Thank you, Madam Clerk. Well, good morning again to all of you.
JURORS: Good morning.
THE COURT: I know when I just spoke to all of you about two minutes ago, I said I just had one question. Well, I've got two more questions that I wanna ask, and I'm sure you know what they are. All right. So the first question: has any member of this jury read, seen, heard, or overheard anything from any source about any aspect of this case that would affect your ability to be a fair and impartial juror?
JURORS: No.
THE COURT: All right. Last question. Is there any other serious matter of concern bearing on your service as a juror in this case that anybody needs to bring to my attention at this time? All right. Thank you so much for following those instructions as we've gone through this. I'm gonna ask you to go and resume your deliberations at this time. All right. Thank you.
BAILIFF: Court, all rise please. Jurors, this way.
BAILIFF: Jurors have exited the courtroom.
THE COURT: All right. Counsel, anything we need to address at this time?
MR. REDDINGTON: No, thank you.
THE COURT: All right. So we'll be in recess on this matter at this time. Thank you.
BAILIFF: Court, all rise.
BAILIFF: Court stands in recess.
BAILIFF: This court's now in session. You may be seated.
COURT CLERK: For the purpose of the record, present for the record are twelve deliberating jurors and six alternates in the matter of Commonwealth versus Lindsay Clancy. All other parties are present.
THE COURT: All right. Thank you, Madam Clerk.
COURT CLERK: You're welcome.
THE COURT: Members of the jury, I've got your question, the question, or probably more of a statement than a question. Saying, "After much deliberation, we are still unable to come to a unanimous decision." Now, based on that, I'm gonna give you another instruction. All right? And it's this. Our constitution and laws provide that in a criminal case, the principal way for deciding questions of fact is by the verdict of a jury. In most cases, perhaps strictly speaking in all cases, absolute certainty cannot be attained, nor is it expected. The verdict to which a juror agrees must be their own, the result of their own convictions and not a mere acquiescence in the conclusions of their fellow jurors. Yet, in order to bring twelve minds to a unanimous result, you must examine the questions submitted to you with candor and with proper regard and deference and respect to the opinions of each other.
You should consider that it is desirable that the case be decided, and that you have been selected in the same manner and from the same source from which any future jury would be. There is no reason to suppose that the case will ever be submitted to twelve persons more intelligent, more impartial, or more competent to decide it, or that more or clear evidence will be produced. And with this in mind, it's your duty to decide the case if you can do it conscientiously. In order to make a decision more attainable, the law imposes the burden of proof on one party or the other in all cases. In the present case, a criminal case, the burden of proof is on the Commonwealth to establish every element of the crime charged beyond reasonable doubt. If you are left in doubt of any element of the crime, the defendant is entitled to the benefit of the doubt and must be acquitted. However, in conferring together, you ought to pay proper respect to each other's opinions and listen with an open mind to each other's arguments. Thus, where there is disagreement, jurors for acquittal to consider whether a doubt in their own minds is a reasonable one if it makes no impression on the minds of others who are equally honest, equally intelligent, and who have heard the same evidence with the same attention, with an equal desire to arrive at the truth, and who have taken the same oath as jurors.
THE COURT: On the other hand, jurors for conviction ought seriously to ask themselves whether they may not reasonably doubt the correctness of a judgment that is not concurred in by other members of the jury, and whether they should distrust the weight or adequacy of the evidence that fails to convince the minds of fellow jurors. With that, I now ask you to return to your deliberations with these thoughts in mind. Thank you.
BAILIFF: Court, all rise please. Jurors, this way.
BAILIFF: Jurors will exit through the courtroom.
THE COURT: And counsel, we'll send a copy, free sure, into the jury room with that instruction. Okay.
BAILIFF: You may be seated.
BAILIFF: Court, all rise.
BAILIFF: This court is in session. Please be seated.
COURT CLERK: Your Honor, for the purpose of the record, we return back to the matter of Commonwealth versus Lindsay Clancy. All parties are present, excluding the jury.
THE COURT: All right. Counsel, could I see you at side just for a second, then we'll bring in the jury?
BAILIFF: Court, all rise. Jurors enter.
BAILIFF: This court is now in session. Please be seated.
COURT CLERK: Your Honor, for the purpose of the record, twelve deliberating jurors and six alternates are present in the matter of Commonwealth versus Lindsay Clancy. All of the parties are present.
THE COURT: All right. Thank you, Madam Clerk.
THE COURT: All right. Members of the jury, I know it's been a long day. So at this point, what I'm going to do is, first off, thank you for your time, your commitment to this case. And I'm gonna ask you to come back tomorrow morning, nine o'clock, and resume your deliberations. Remember my instructions. You all know them. And I will see everybody tomorrow morning. Okay. Thank you.
BAILIFF: Court, all rise. Jurors, this way please.
BAILIFF: Jurors have exited the courtroom. This court's in session. Please be seated.
THE COURT: Anything we need to address, Counsel?
MS. SPRAGUE: No, Your Honor.
THE COURT: All right. So we'll be in recess on this matter till tomorrow morning at nine o'clock. Thank you.
BAILIFF: Court, all rise.