00:07And the question is, it is with a heavy heart that we report we are unable to come to a
00:13unanimous decision and will not be able to.
00:20Under the statute and the case law, I don't feel I have any choice but to declare a mistrial.
00:26Well, before you do, I'd like to be heard, Your Honor.
00:28Well, that's why I asked you before, but go ahead.
00:31Well, I just got to that first one and get to the other one.
00:34All right.
00:34But under Rule 27B of the Massachusetts Rules of Criminal Procedure, quote,
00:39gives a trial judge discretion to require a jury to return a verdict for charges on which they have agreed
00:46before declaring a mistrial.
00:49As it relates to, and again, I continue, quote,
00:52judge may first require the jury to return verdicts on those charges upon which the jury can agree
00:58and direct that such verdicts be received and recorded.
01:01So I'm asking that the court would entertain a poll of the jurors as to whether or not there has
01:07been a decision
01:08on murder one, murder two, manslaughter, anything like that.
01:12And if that's the case, then I certainly would argue that double jeopardy is attached
01:15and those charges cannot be prosecuted again.
01:18All right.
01:19Come on.
01:19Come on.
01:20Come on.
01:21Come on.
01:22Come on.
01:22Come on.
01:23Come on.
01:23Come on.
01:23Come on.
01:24Come on.
