A Tuey–Rodriguez charge is a formal instruction that Massachusetts judges can give to a deadlocked jury to encourage them to keep deliberating and try to reach a unanimous verdict.
In Lindsay Clancy’s trial, the judge has not yet given this instruction. However, if the jury sends another note saying they cannot agree, Judge William Sullivan could choose to deliver the Tuey–Rodriguez charge, often nicknamed the “dynamite charge.”
Tuey-Rodriguez Instructions: What They Mean for Karen Read Trial Jurors
Boston attorney Peter Elikann explained that the charge is “known colloquially as the dynamite charge … and it really pushes the jury and urges them to try to work out a unanimous decision. It’s almost equivalent to a pep talk by the judge encouraging them to go back and try harder.”
If, after receiving the Tuey–Rodriguez instruction, the jury sends a third note stating they still cannot reach a verdict, Judge Sullivan could then declare a mistrial.
“It depends on the judge, but normally once the Tuey charge has been given, if the jury comes back again and says they are still deadlocked, the judge is constrained to grant a mistrial,” Boston lawyer Brad Bailey told The Post.
