'Sensitive matter': What happened in court as sidebars delay deliberations in Lopes trial

DEDHAM − Jurors were expected to return for a sixth day of deliberations Monday in the trial of Emanuel Lopes, who is facing two murder charges.

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The jury is trying to decide whether Lopes, 25, of Brockton, is guilty of murdering Weymouth police Sgt. Michael Chesna and Weymouth resident Vera Adams in 2018. There are a total of 11 charges against Lopes, including assaulting two other police officers.

Defense lawyers have argued that he was mentally ill.

The jury did not deliberate Friday. Instead, Dedham Superior Court Judge Beverly Cannone and lawyers for both the prosecution and the defense spent much of the day in sidebar conferences, out of earshot of spectators. One juror was engaged in five separate conferences. And each juror was brought in and questioned individually.

Cannone said the sidebars were to discuss "a sensitive matter," and no announcement was made in open court on the discussions. She sent the jurors home just after 2 p.m., an hour earlier than usual.

The judge, with the jury not in the courtroom, said Thursday that she is not inclined to end the deliberations given the replacement of one of the jurors Wednesday and "the complexity of the case."

The jury is made up of nine women and three men from Worcester County, and there are two remaining alternates.

A mistrial does not count as 'double jeopardy'

A mistrial will occur if the jury deadlocks and cannot reach a unanimous decision. This means the trial will start all over again from the beginning with a new jury. This trial had 14 days of testimony.

The district attorney would have to decide whether or not to bring the case forward again. This would not violate the constitutional prohibition on "double jeopardy" because no verdict was reached.

What happened on Thursday: Day 5 of deliberations

About 15 minutes after beginning Thursday's deliberations, the jury sent a note with a question to Cannone. Although the message was not read in court "due to the sensitive nature," Cannone said, she once again instructed jurors to resume their deliberations with a view toward reaching a unanimous verdict.

In total, the jury has spent about 24 hours in deliberations.

Day 4: Jurors at impasse in trial man accused of Weymouth officer's murder

Jurors told the court Wednesday afternoon that members were stuck.

The 12 jurors had deliberated for only a few hours Wednesday after a member of the original jury was dismissed and replaced. The jury member was dismissed because of a planned vacation as the group was set to enter its fourth day of deliberations.

Cannone told the jurors to continue deliberating.

First week of delibrations: Jury asks second question as deliberations continue in Emanuel Lopes' double-murder trial

Juror replaced in trial of man accused of killing Weymouth Sgt. Michael Chesna and Vera Adams

One of the alternates, a woman, was selected to replace the juror and the group was instructed to begin its deliberations again. The juror who was dismissed was also a woman.

The jury, which has asked Cannone two other questions, deliberated for about 17 hours last week before taking a four-day weekend for the Fourth of July holiday.

Jury asks for pages of an expert witness report

Last Thursday, the jury asked for reports or transcripts of testimony from four expert witnesses.

"We don't have access to them," the judge responded in a note to the jury.

On Friday afternoon, the jurors asked for specific pages of a report from one of the expert witnesses. The pages were not submitted as evidence in the case.

Cannone replied with a simple "no."

Cannone and lawyers for prosecution and defense spent part of last Thursday afternoon reviewing medical exhibits and redacting items that were not part of the testimony presented to jurors.

Lopes is facing 11 charges in connection with the July 15, 2018, shootings of Chesna and Adams. His defense lawyer has argued that Lopes suffered from mental illness and his condition had worsened that day. Lopes was in "a state of oblivion" during the encounters with Chesna and Adams, the lawyer, Larry Tipton, said during his closing statement.

The jury began deliberations Wednesday, June 28, more than a month after they heard opening arguments.

Caitlyn Kelleher and Peter Blandino contributed to this article.

This article originally appeared on The Patriot Ledger: Chesna and Adams murder trial: Jury deliberation paused, sidebars held