COHEN, J.
In January, 2009, the defendants, Kenneth Luciano and Kimberly White, were tried before a jury on indictments charging armed robbery, witness intimidation, and two counts each of assault and battery by means of a dangerous weapon. The jury acquitted the defendants of armed robbery and witness intimidation, but were deadlocked as to the remaining charges. Two months later a second jury trial was held before the same judge, at which time each defendant was...
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