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Appeals court confronts claim that judge’s handling of holdout juror coerced verdict
Summary
In Commonwealth v. Pero, defense counsel said the trial judge’s colloquy with juror No. 9 and return to deliberations created a coercive environment requiring a mistrial or Tuohy/Rodrigues instruction; the Commonwealth argued the judge acted within discretion under SJC guidance.
Jennifer Peterson told the panel she believed the jury’s deliberations produced a lone holdout (juror No. 9) who reported pressure and that the judge’s post-colloquy instructions effectively pushed the juror back into the room and risked coercion. Peterson urged that the trial judge’s conduct created structural error, arguing the judge should have given a full Tuohy/Rodrigues instruction or…
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