Day 28 - September 4, 2026

Judge Sullivan denied further inquiry into a deliberating juror. Kevin Reddington argued that jury notes showed a juror refusing to apply reasonable doubt; the Commonwealth disputed that interpretation. The judge found no showing that the juror had refused to follow the law or could not continue deliberating. He declined to repeat the reasonable-doubt instruction, instead reminding jurors to follow all instructions and omit numerical divisions from future notes. The jury later reported that it could not reach unanimity and would not be able to. The Commonwealth sought a mistrial following the earlier Tuohy instruction. The defense sought further deliberations and a poll about possible agreement on murder or manslaughter, raising a conditional double-jeopardy argument if charges had already been resolved. The judge ruled that a mistrial was required absent a jury request for further deliberations and did not order the requested poll. The judge allowed one hour for the defense to seek Supreme Judicial Court intervention. He later reported that the SJC had denied emergency relief and lifted a temporary stay, then denied a renewed request for juror inquiry. He formally declared a mistrial and discharged the jury. No retrial date was set. The case was continued to September 29, 2026, at 9:00 AM for status, trial assignment, and the Rule 25 motion. Existing bail orders remained in effect.