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Still no verdict in Mattapan killings

Defendant Dwayne Moore awaited the arrival of the jury before deliberations resumed in the Mattapan massacre case at Suffolk Superior Court in Boston on Friday.

Wendy Maeda/Globe Staff

Defendant Dwayne Moore awaited the arrival of the jury before deliberations resumed in the Mattapan massacre case at Suffolk Superior Court in Boston on Friday.

Jurors in the Mattapan massacre retrial deliberated for a second full day without reaching a verdict and are expect­ed to resume deliberations Monday.

Suffolk Superior Court Judge Jeffrey Locke told the jurors at the end of the day Friday that he had considered having them return Saturday but decided against it because of the upcoming holidays and the overtime it would have ­demanded of court employees in Worcester and in Boston.

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The jury is composed of Worcester County residents. Attorney John Amabile successfully argued that his client, Dwayne Moore, would not get a fair trial with a jury from Suffolk County because of the publicity surrounding the shootings, as well as his first trial in March, which ended in a hung jury.

Moore, 35, is charged with four counts of murder in the shooting deaths of four people, including a mother and her 2-year-old son, on Sept. 28, 2010.

Locke suggested that the jury, composed of seven women and five men, start preparing Monday for longer days as the holidays approach. The jury deliberated for about seven hours each on Thursday and on Friday.

The jury had to restart delib­erations twice after two jurors were dismissed on separate occasions.

One juror had to leave to tend a gravely ill brother in Georgia, and another was dismissed because he had done independent ballistics research on the Internet, against the judge’s orders.

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Each time a juror is ­replaced, the jury has to begin deliberations from the start.

Alternates do not sit in on deliberations, so the newest person to join the talks has not discussed the case or been ­exposed to any evidence since Dec. 5.

Moore has pleaded not guilty to all charges, and his attorney has told jurors Moore is wrongly accused.

Moore is accused of killing 21-year-old Simba Martin; ­Martin’s girlfriend, Eyanna Flonory, 21; her 2-year-old son, Amanihotep Smith; and ­Levaughn Washum-Garrison, 22, Martin’s friend, who had slept on a couch at Martin’s ­Sutton Street house that night.

A fifth man, Marcus Hurd, was shot in the head and was left a quadriplegic.

Hurd has testified in both trials.

John R. Ellement of the Globe staff and Globe correspondent Sarah N. Mattero contributed to this report. Brian Ballou can be reached at bballou@
globe.com.

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