26
November, 2009, the Commonwealth subpoenaed these records from
Verizon and was notified that Colton's correct telephone service
provider was Comcast.
However, it was not until June of 2010
that the prosecutor attempted to obtain Colton's records from
Comcast.
By then, the subpoenaed records were no longer
available as they were outside the company's retention period.
The defendants argue that this "loss" of records was prejudicial
to their defense strategy.
We agree that the Commonwealth could
have and should have attempted to obtain Colton's telephone
records earlier, but, ultimately, these records would not have
provided any exculpatory information and their "loss" was not
prejudicial.
The Commonwealth had already disclosed the DCF
hotline records to the defendants, which identified the
telephone number of the caller as Colton's, thus establishing
that a call was made to DCF from Colton's telephone number, not
William's, precisely what Colton's telephone records would have
established.
Further, the defendants had considerable
opportunity and bases for cross-examining Colton even without
his telephone records, "'effectively' remov[ing]" any prejudice
(citation omitted).
Commonwealth v. Molina, 454 Mass. 232, 236-
237 (2009).
Regarding promises, rewards, and inducements, well before
trial, the prosecutor acknowledged Colton's preliminary
discussions with the government.
Once an agreement was
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