COMMONWEALTH v. DEPINA-COOLEY

No. 18-P-108.

95 Mass. App. Ct. 218 (2019)

COMMONWEALTH v. MILA DEPINA-COOLEY.

Appeals Court of Massachusetts, Suffolk.

April 26, 2019.

Corrected May 17, 2019.


Attorney(s) appearing for the Case

Paul B. Linn , Assistant District Attorney ( Michele E. Granda , Assistant District Attorney, also present) for the Commonwealth.

Michael P. Doolin , ( William T. Broderick also present) for the defendant.

Present: MEADE, AGNES, & ENGLANDER, JJ.


This case raises the question whether three indictments returned against the defendant must be dismissed because an unauthorized person, a police officer, was present when one of the witnesses testified before the grand jury. Although there is no showing that the defendant was prejudiced by the officer's presence, the Superior Court...

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