Commonwealth v. Brady

The defendant is awaiting trial on four indictments. Two indictments (no. 8184 and no. 8185) charge larceny, and two (no. 8186 and no. 8187) charge conspiracy to commit larceny. He filed, by leave of court, a motion to dismiss the indictments on the ground that an unauthorized person was present in the grand jury room during the proceedings which resulted in the indictments. He has appended to the motion his affidavit which, if believed, will show that Lieutenant Edward Schofield of the Massachusetts State police was present in the grand jury room while the defendant was testifying in…