25
trial was sufficient to support the verdict rendered by the
jury.
4.
Pretrial motions.
In three joint motions before the
trial court, the defendants unsuccessfully asked for the case to
be dismissed, alleging prosecutorial errors that caused undue
delay and prejudice.
Specifically, they contended that
dismissal was appropriate based on the Commonwealth's "loss" of
Colton's telephone records and the Commonwealth's delayed
disclosure of (1) promises, rewards, and inducements made to
Colton in exchange for his cooperation; (2) Colton's statements
regarding the location of the DCF call; and (3) a diary that
Colton kept.
While the Commonwealth has a duty to disclose all material,
exculpatory evidence in its possession, see Brady v. Maryland,
373 U.S. 83, 87 (1963); Commonwealth v. Tucceri, 412 Mass. 401,
404-405 (1992), we agree with the motion judge that the
Commonwealth did not withhold any such evidence here and that
delays in disclosure did not result in prejudice.
Colton's telephone records were potentially significant to
the case because they could corroborate (or not) that a call was
made from his telephone to the DCF hotline falsely reporting
child abuse, and was not made from William's telephone.
In
Cook v. State, 36 P.3d 710, 721 (Alaska Ct. App. 2001); People
v. Payton, 161 Misc. 2d 170, 173-176 (N.Y. Crim. Ct. 1994).
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