Commonwealth v. Rodriguez

The defendant, Jenise Rodriguez, was indicted for three counts of intimidation of a juror. A Superior Court judge subsequently allowed the defendant's motion to dismiss the indictments pursuant to Commonwealth v. McCarthy, 385 Mass. 160 (1982). The Commonwealth appeals therefrom. We affirm.

Background. During a 2016 jury trial in the Superior Court, the defendant2 in the present case -- the girl friend or spouse of the defendant then on trial (hereinafter, trial defendant) -- interacted3 with two jurors sitting on a bench outside of the jury room. The defendant, seated six to eight feet from…