Commonwealth v. CruzAnnotate this Case
The Supreme Judicial Court affirmed the judgment of a single justice of the court allowing the Commonwealth’s petition for relief pursuant to Mass. Gen. Laws ch. 211, 3 in this discovery dispute, holding that relief was properly granted.
Defendant was charged with several offenses, and a judge in that court granted in part his motion for discovery from the Commonwealth. In its petition, the Commonwealth disputed a portion of that order that required the prosecutor to produce certain exculpatory information from the personnel files of the Boston Police Department and its internal affairs division. The single justice allowed the petition. The Supreme Judicial Court affirmed, holding that the single justice properly vacated the portion of the discovery order to the extent that it required the prosecutor to look through the internal affairs division file and/or other personnel files of the police department where the materials were not in the possession, custody, or control of the Commonwealth.