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COMMONWEALTH v. EDWARDS

444 Mass. 526 (2005)

COMMONWEALTH v. JERMAINE EDWARDS & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 1, 2005.

Attorney(s) appearing for the Case

Cory S. Flashner, Assistant District Attorney (Timothy M. Pomarole, Assistant District Attorney, with him) for the Commonwealth.

Gordon W. Spencer for Jermaine Edwards.

William A. Korman for Eric Davis.

Arnold P. Cohen for Tyrone Brown.

The following submitted briefs for amici curiae:

William M. Bennett, District Attorney, Jane Davidson Montori, Assistant District Attorney, & Katherine E. McMahon, Assistant District Attorney, for District Attorney for the Hampden District & others.

Carol A. Donovan, Committee for Public Counsel Services, for Committee for Public Counsel Services.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

This case presents the issue whether and in what circumstances the grand jury testimony of an unavailable witness may be admitted substantively against defendants who, the Commonwealth claims, procured the unavailability of that witness.2 Three defendants are alleged to have colluded with the Commonwealth's key witness, Jeremy Crockett, to ensure Crockett's unavailability for trial...

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