A Brockton Superior Court Judge has released a 14-member jury for the weekend, in the case of three people charged with beating and kicking a person along Route 139 in Marshfield, which police at the time termed a racially motivated attack.
The recess for the weekend occurred after the prosecution informed Judge Paul Troy that they would file an appeal of a decision he had made to the Appelate Court.
The jury, made up of 9 women and 5 men empaneled this week, were released just before 11am Thursday and asked to not discuss or research the case.
Opening arguments had been scheduled to begin Thursday in the case of Kevin Shdeed, Amanda Kelly, who are both free, and Christopher Brattlie, who does still remain behind bars.
All three are accused of being involved with the beating of Tizaya Robinson in June 2008 in Marsfield. Authorities, when the group was arraigned, termed it a racially motivated attack. Sources close to the defendants say the victim has prior arrests and has spent time in jail.
In court, Judge Troy told jurors, the court was wating for the prosecution to file an appeal with the state Appelate Court, and then would have to wait for a decision from the single justice. He noted he expected a decision by Monday, but could not go into the details about the appeal. Troy told jurors the case could not continue until a decision was given.
When court continues on Monday at 11 am, Judge Troy told jurors he expects the decision–and also expects to begin opening arguments.
Troy did note to prosecutors, the three defense attorneys and three defendants, that if a further delay occurs, a mistrial could be declared.