The jury asked what happens if they cannot reach a unanimous verdict for an indictment on Wednesday in the trial of Joshua Hubert, a Worcester man charged with rape of a child in 2017.

“A question has arisen about what happens should a unanimous decision not be reached on an indictment?” Judge Karin Bell said Wednesday afternoon.

David McShera, a Worcester County prosecutor, argued the jury was saying they were not deadlocked yet, and that deliberations were too early for the judge to provide more instructions “based on ambiguity of the passive wording.”

Defense attorney Kevin Larson agreed with the prosecutor that jurors weren’t saying they were deadlocked, and asked the judge to tell them “their verdict must be unanimous.”

The judge decided to send a written note back to jurors refer

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