Commonwealth v. Walczak

A grand jury twice returned indictments against the defendant, who was sixteen years old at the time of his alleged offense, for murder in the second degree in the killing of Rene Valdez. See G. L. c. 265, § 1. Twice, the same Superior Court judge dismissed the indictment; the first time because the grand jury proceedings had been impaired by *811the prosecutor’s failure to disclose certain exculpatory evidence, see Commonwealth v. O’Dell, 392 Mass. 445, 446-447 (1984), and the second time on the ground of insufficient evidence. See Commonwealth v. McCarthy, 385 Mass. 160 (1982). This is the…