Commonwealth v. Sheehy

Once again, we review a trial in which alternate jurors were present in the jury room during deliberations. In Commonwealth v. Smith, 403 Mass. 489 (1988), and again in Commonwealth v. Jones, 405 Mass. 661 (1989), we held that it is reversible error to allow alternate jurors to sit in the jury room with deliberating jurors. We reaffirm the Smith rule in the present case.

The record before us presents these facts. The defendant, Paul Sheehy, was indicted for murder on August 7, 1986, see G. L. c. 265, § 1 (1990 ed.), and was tried in the Superior Court from September 8 to September 24, 1987.…