Wing v. Commissioner of Probation

In this appeal we decide whether a criminal defendant’s right to disclosure of a prospective witness’s criminal record under the mandatory discovery provisions of G. L. c. 218, § 26A, and Mass. R. Crim. R 14 (a) (1) (D), as amended, 444 Mass. 1501 (2005), extends to a criminal record sealed under G. L. c. 276, § 100A. Elmer Wing, who stands charged with malicious destruction of property over $250 on a complaint issued in the Wareham Division of the District Court Department, sought an order compelling production of the complaining witness’s sealed criminal record. A judge denied the motion.…