Commonwealth v. De Christoforo

I am in complete accord with the Chief Justice’s dissenting opinion. Nevertheless I feel impelled to also state my disagreement with the majority's adherence to the rule requiring the defendant to show a “particularized need” to inspect the grand jury minutes of the testimony of witnesses who testified before the grand jury and who subsequently testified at the trial.

1. The current rule imposes on the defendant a well-nigh intolerable burden, and is thus out of touch with the “growing realization that disclosure, rather than suppression, of relevant materials ordinarily promotes the proper…