COMMONWEALTH v. GRIFFIN


404 Mass. 372 (1989)

535 N.E.2d 594

COMMONWEALTH vs. ROBERT GRIFFIN (and twelve companion cases).

Supreme Judicial Court of Massachusetts, Hampden.

March 16, 1989.


Attorney(s) appearing for the Case

Brett J. Vottero, Assistant District Attorney, for the Commonwealth.

Peter A. Velis for Robert Griffin.

Daniel R. Gintowt for Donald Champiney.

Leonard B. Conway for Thomas Conlon.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


NOLAN, J.

The Commonwealth appeals from a Superior Court judge's dismissal of indictments against three individuals who were represented by the same attorney during questioning by a grand jury. The Superior Court judge concluded that the attorney had a genuine conflict of interest and that the only remedy was to dismiss the indictments and permit the Commonwealth to start new proceedings with a clean slate. Although the motion judge dismissed the indictments without...

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