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COMMONWEALTH v. RODRIGUEZ

426 Mass. 647 (1998)

COMMONWEALTH v. ARNALDO RODRIGUEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1998.

Attorney(s) appearing for the Case

Sandra L. Hautanen, Assistant District Attorney, for the plaintiff.

Hector E. Pineiro for the defendant.

The following submitted briefs for amici curiae:

David M. Moore, City Solicitor, & Elizabeth M. Sanning, Assistant City Solicitor, for the city of Worcester.

Carol A. Donovan & John F. Palmer for Committee for Public Counsel Services & another.

Scott Harshbarger, Attorney General, & William J. Meade, Assistant Attorney General, for the Attorney General.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

WILKINS, C.J.

This is the second case we decide today concerning the right of a criminal defendant to require the production of records of a police department's internal affairs division. See Commonwealth v. Wanis, ante 639 (1998).

In our Wanis opinion, we held that (1) material exempted from disclosure pursuant to the public records law is not automatically privileged from discovery if a criminal...

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