Commonwealth v. DeMars

I am in full accord with the reasoning and result reached by the majority. I must, however, state once again in an even more emphatic manner that the Commonwealth “must take care to behave itself.” Commonwealth v. Mencoboni, 28 Mass. App. Ct. 504, 508 (1990) (Brown, J., dissenting), quoting from Commonwealth v. Fel-ton, 16 Mass. App. Ct. 63, 66 (1983). See Commonwealth v. *795Tirrell, 382 Mass. 502, 513 (1981) (Kaplan, J., dissenting). The Commonwealth’s conduct here was not merely unprofessional, it was outrageous. This was not a momentary misstep but a persistent course of conduct designed to…