The only thing I see clearly is that the MA criminal court seems to operate in a vacuum!
I don't understand the Court's fight over jury instructions, verdict form, or why it wasn't clear to the jurors they could deliver verdicts on charges as they reached them-- eliminating the need for the defense Motion.
I don't think this Court will acknowledge affidavits from the jurors (affirming the defendant was acquitted on two charges), claiming no do-overs-- because it would confirm the Court's error. But I also wouldn't be surprised if the DA refiled the same charges for round two.
And yes, I only see the defense Motion being heard by a higher Court. Guess they will cross that bridge if/when the defendant is recharged. JMO.