November 6, 2015
Complaint received and sworn to in the Framingham Division of
the District Court Department on February 29, 2012.
case was tried before Douglas W. Stoddart, J.
King for the defendant.
Charles Koech, Assistant District Attorney, for the
Katzmann, Milkey, & Carhart, JJ.
N.E.3d 560] Carhart, J.
defendant appeals from her conviction by a District Court
jury of operating under the influence of alcohol, second
offense, G. L. c. 90, § 24(1)( a )(1), on the
basis that the trial judge gave a coercive jury
instruction. We agree.
early morning hours of February 29, 2012, a Framingham police
officer stopped a vehicle he had been following after he
observed it making some erratic movements.
The officer determined that the defendant was driving, and
that she was under the influence of alcohol. The defendant
was arrested and tried for operating a motor vehicle under
the influence of alcohol.
closing arguments and following his general instructions on
the law, the trial judge stated:
" If I can give you some helpful hints -- because we do
this every day -- it's not fun or easy to be a juror, we
know that. So, to the extent that you could create a
collegial atmosphere in the room, that would be great. So,
when the door shuts, it would be very helpful if people
didn't make pronouncements, you know, 'This is the
way I'm going to vote', because then ...