Karen Read Asks Supreme Court to Find Unanimous, But Unannounced, Jury Decision Constitutes an Acquittal

With jury selection in full force in the Karen Read retrial, her attorneys have filed a petition for writ of certiorari with the United States Supreme Court, asking it to resolve the following issues:

It’s a fascinating issue in a fascinating case, and I hope the Supreme Court grants cert on the issue, whether in this case or some future case.

As the petition notes: “On June 9, 2022, Read was charged in three separate indictments with second-degree murder…; manslaughter while operating under the influence of alcohol…; and leaving the scene of a collision resulting in death.”

Thereafter, during deliberations, the jurors sent a number of notes to the judge indicating some degree of deadlock. According to the petition, this is what happened with the last note:

Later that day, the jury sent yet another note:

despite our rigorous efforts, we continue to find ourselves at an impasse. Our perspectives on the evidence are starkly divided. Some members of the jury firmly believe that the evidence surpasses the burden of proof, establishing the elements of the charges beyond a reasonable doubt. Conversely, others find the evidence fails to meet this standard and does not sufficiently establish the necessary elements of the charges. The deep division is not due to a lack of effort or diligence but, rather, a sincere adherence to our individual principles and moral convictions. To continue to deliberate would be futile and only serve to force us to compromise these deeply held beliefs….

After reading the note on the record, the court, without any apparent consideration of alternatives such as asking whether the impasse was to all as opposed to just some counts and without first inviting counsel to be heard, sua sponte declared a mistrial and dismissed the jury. 

The petition claims that the jurors had actually reached a unannounced, but unanimous, verdict concluding that Read was not guilty of both second-degree murder and leaving the scene of a collision resulting in death.

It’s an interesting argument, and, as the petition notes, similar to the one made in Blueford v. Arkansas, 566 U.S. 599 (2012). As the petition notes, though, in Blueford, the Court didn’t have to answer the question of whether an unannounced verdict of acquittal on certain charges triggered Double Jeopardy because that case involved a mid-deliberation report of the jury votes that “lacked the finality necessary to amount to an acquittal…, quite apart from any requirement that a formal verdict be returned or judgment entered.” It’s unlikely the Supreme Court takes the case, but I hope it hears it or some future case with similar circumstances.

-CM