Cruz v. Commonwealth

Juan Cruz (defendant) was indicted for trafficking in cocaine, in violation of G. L. c. 94C, § 32E. On the second day of trial, defense counsel discovered that the Commonwealth had violated a discovery order by failing to copy for the defense at least 500 pages of computer-generated information obtained during the police investigation. The defendant moved to dismiss the case but, for financial and emotional reasons, “strenuously” objected to any declaration of a mistrial. Finding that the Commonwealth had not intentionally violated the order, the trial judge denied the motion to dismiss. The…