27
formalized on September 22, 2010, the prosecutor properly
disclosed its terms and filed a discovery packet including all
of the Commonwealth's documents.
See Commonwealth v. Burgos,
462 Mass. 53, 62-63, cert. denied, 133 S. Ct. 796 (2012)
(prosecutor informed defendant before trial of formalized
cooperation agreements).
Until the agreement was formalized,
Colton received no promises, rewards, or inducements that the
Commonwealth was obligated to disclose.
With respect to the Commonwealth's delayed disclosure of a
later statement Colton made about the DCF call, we disagree with
the defendants that this statement was a critical change in his
story.
In his initial statement to the police, Colton did not
provide specific information about the location from which the
DCF telephone call was made, and, later, Colton asserted that
William had made the call from Colton's home telephone.
The
defendants had adequate notice of this assertion in the
Commonwealth's bill of particulars, a supplemental police
report, and Colton's follow-up interview report.
The
information was provided long before trial, permitting ample
time for the defense to weave it into its over-all strategy and
counsel's cross-examination of Colton.
See Commonwealth v.
Baldwin, 385 Mass. 165, 175 (1982) ("disclosure was sufficiently
timely to allow the defendant 'to make effective use of the
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