O'BRIEN, J., October 2, 1987.
On July 9, 1987, defendant David Kotz was brought to trial on charges of burglary and related offenses. Following opening arguments, the district attorney advised the court and defense counsel that the only witness the commonwealth had who could place defendant at the scene of the crime had indicated he might invoke his fifth amendment rights when called to testify. After the court excused the jury, the district attorney called...
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