Commonwealth v. Tamayo

INTRODUCTION

Defendant Carlos Tomayo is charged with possession of cocaine with intent to distribute, in violation of G.L.c. 94C, §32. During a ten-year period when he was on default, the cocaine and certain other evidence were destroyed. Claiming that the destruction of evidence deprives him of access to potentially exculpatory material, thereby denying him due process, he now seeks dismissal of the charge, or in the alter native, exclusion of evidence regarding the missing material. For the reasons that will be explained, these motions will be denied.

BACKGROUND

The Commonwealth represents…