COMMONWEALTH v. LEWIN


405 Mass. 566 (1989)

542 N.E.2d 275

COMMONWEALTH vs. ALBERT LEWIN.

Supreme Judicial Court of Massachusetts, Suffolk.

August 14, 1989.


Attorney(s) appearing for the Case

Michael J. Traft, Special Assistant District Attorney (Francis O'Meara, David B. Mark & Susan Underwood, Assistant District Attorneys, with him) for the Commonwealth.

Max D. Stern (Patricia Garin with him) for the defendant.

Andrew Good & Harvey Silverglate, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

This case involves perfidious Boston police officers whose perjurious and fraudulent conduct has threatened the Commonwealth's right to try the defendant for the murder of Detective Sherman C. Griffiths of the Boston police department. A Superior Court judge concluded that the indictments against the defendant had to be dismissed for failure of the Commonwealth to produce a witness whose testimony would have...

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