462 Mass. 1 Appellant Ray Brief - Mass Cases

-7-
Barbioni, 62 F.3d 5, 7 (1st Cir. 1995) (manifest
necessity for a mistrial where the judge received two
notes from the jury indicating the jury was unable to
reach a unanimous verdict and the judge polled the
jurors individually to ensure that each juror believed
there was a deadlock that could not be resolved by any
further instructions or deliberations); A Juvenile v.
Commonwealth, 392 Mass. 52, 55 (1984) (manifest
necessity for a mistrial where judge received a note
from the foreperson indicating the jury was unable to
agree and the jury affirmed that they were deadlocked
during an inquiry in open court)j Thames, supra, 365
Mass. at 480 (manifest necessity for a mistrial where
judge received two messages from the jury indicating
that they were unable to agree and judge learned that
the jury had a disposition of eleven to one in favor of
conviction during an inquiry of the foreperson in open
court) .
Because the judge did not take any measures to
assist the jury in coming to a unanimous verdict or to
ensure that the jury was truly deadlocked before
declaring a mistrial, the Commonwealth cannot sustain
its heavy burden of demonstrating that there was a