28
evidence in preparing and presenting his case'" [citation
omitted]).
Regarding the alleged delay in disclosing Colton's diary,
the prosecutor promptly disclosed it to the defendants on
learning of its existence in May, 2011, again, well before
trial.
This provided the defendants with a sufficient
opportunity to investigate its contents and conduct a meaningful
cross-examination of Colton.
Finally, the defendants' due process rights were adequately
protected given the defendants' unhampered ability to
extensively cross-examine Colton and the jury's instruction to
carefully weigh his testimony.
The defendants have not
demonstrated that any delays in receiving information
legitimately prejudiced their opportunity to effectively prepare
their defense.
5.
Venue.
During pretrial proceedings and prior to jury
empanelment, William moved for dismissal of the charge of making
a false report of child abuse, asserting lack of jurisdiction
and improper venue under G. L. c. 277 § 57A.14
He argued that
since the telephone call to DCF (located in Suffolk County) was
made from Colton's home (in Middlesex County), the charge should
14
As only William was convicted of making a false report,
Gail does not raise this argument on appeal.
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