462 Mass. 1 Appellant Ray Brief - Mass Cases

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the case away from the jury," Jorn, supra, 400 U.S. at
485, and his "right to have a particular tribunal
decide [his] fate once and for all." Jones, supra, 379
Mass. at 619.
"[W]here the judge, acting without the defendant's
consent, aborts the proceeding, the defendant has been
deprived of his 'valued right to have his trial com-
pleted by a particular tribunal.'" Jorn, 400 U.S. at
484, quoting Wade v .. Hunter, 336 U.S. 684, 689 (1949) .Y
"The judge must always temper the decision whether or
not to abort the trial by considering the importance to
the defendant-of being able, once and for all, to
conclude his conf!ontation with society through the
verdict of a tribunal. he might believe to be favorably
disposed to his fate." Jorn, supra, 400 U.S. at 486.
The defendant had reason to believe that this jury was
"favorably disposed to his fate, " id., because the
questions from the jury focused on gaps in the Common-
wealth's evidence and the failure of the police to
§/"Although Mr. Justice Harlan's opinion in Jorn was a
plurality opinion of foui Justices, we rely on it as
one_ of the principal cases setting the parameters of
the protection afforced by the double jeopardy clause."
Jones v. Commonwealth, 379 Mass. 607, 616 n.l8 (1980).