Commonwealth v. Hilton

Agnes, Peter W., J.

I. INTRODUCTION

The defendant stands indicted for five counts of murder in the second degree and one count of arson concerning events which occurred on or about February 24, 1999. The case is before the court on the defendant’s motion to depose a prospective witness under Mass.R.Crim.P. 35(a). Upon careful consideration and review, the defendant’s motion is DENIED without prejudice.

II. BACKGROUND

The defendant has been in custody awaiting trial since February 27, 1999. On or about December 23, 2004, the Commonwealth provided the defendant the statement of a man named Joseph…