Commonwealth v. Fossa

Emilio Fossa appeals from a June, 1994, conviction by a Peabody District Court jury for operating under the influence of liquor, second offense, and from denial of his new trial motion. He argues that (a) his trial should not have proceeded over his objection because there had been late disclosure — on the morning of trial — of a police report containing the statements of two previously unidentified civilian eyewitnesses, who were present to testify; and (b) the trial *564judge should have allowed his new trial motion in which he claimed he had had insufficient time to prepare a defense because…