Commonwealth v. Rodriguez

This is the second case we decide today concerning the right of a criminal defendant to require the production of records of a police department’s internal affairs division. See Commonwealth v. Wanis, ante 639 (1998).

*648In our Wanis opinion, we held that (1) material exempted from disclosure pursuant to the public records law is not automatically privileged from discovery if a criminal defendant moves for its production; (2) a prosecutor who does not have access to the records of an internal affairs division is not properly subject to a motion under Mass. R. Crim. P. 14, 378 Mass. 874 (1979),…