Jurors in Karen Read trial raise issue of ‘hung jury' in 4th question to judge

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The jury in Karen Read's retrial asked the presiding judge on Tuesday afternoon if they could return a partial verdict on just two of the three counts she faces.
The note from the jury came before the judge answered three earlier questions Tuesday, and it asked, 'If we find not guilty on two charges but can't agree on one charge, is it a hung jury on all three charges or just the one charge?'
Judge Beverly Cannone said she could not ignore the question, but the law barred her from answering theoretical questions.
'I'm simply going to say, because it's true, it's the law, that this is not a question I can answer,' Cannone said.
She also said she'd tell jurors not to be 'concerned with the consequences of their verdict, and that's exactly what they are doing here.'
Alan Jackson, one of Read's lawyers, strongly objected and told Cannone 'it would be appropriate' to send a note to jurors asking if they could proceed without any further input by the court.
Jackson said the judge should give jurors an answer at a later point if 'the question remains' and that Cannone 'absolutely can answer' their question.
'It's a reporting question. In other words, I don't see it as theoretical,' he said. 'I see it a little bit differently, which is, 'What are our options?' And the options are built in the law, not in theory.'
The same issue arose at Read's first trial: multiple jurors, in the wake of Cannone declaring a mistrial, reported to Read's defense that they agreed to acquit her on two of the three counts, but they didn't know they could return a partial verdict. That led to a lengthy appeals fight that was appealed to but not taken up by the U.S. Supreme Court.
Cannone said it would be premature to answer the question, and there were other remedies she could offer the jury if a similar question arose down the line.
But Jackson said telling the jury the court couldn't answer their question was the 'first step down the wrong path.' He asked Cannone to tell the panel she couldn't answer the question 'at this time.'
'I don't think that's an appropriate answer to a very clear question,' he said.
'If that question remains in their minds, we're gonna end up in the exact same position that we were in last year,' Jackson said
Cannone noted the objection and overruled Jackson. She sent a handwritten response to the jury. Read and her lawyers will return to the courtroom at 4 p.m., or sooner if there is a verdict or another question.
Read, 45, is charged with second-degree murder, manslaughter while operating under the influence and leaving the scene of an accident causing injury or death.
She is accused of ramming her Lexus SUV into O'Keefe outside the Canton home of another Boston Police officer. Read and her lawyers have said she was framed and O'Keefe was beaten to death inside the home.
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