Commonwealth v. Fields

By Judge Randy I. Bellows

This case presents the following question, which the Court believes to be a matter of first impression: Should a verdict be set aside and a new trial granted where it is discovered subsequent to trial that a subpoenaed defense witness, who the Court concludes would have provided material exculpatory evidence to the jury, asserted his Fifth Amendment privilege and, thereby, became an unavailable witness, based on inaccurate information unintentionally conveyed to him by his counsel?

For the reasons set out below, the Court answers this question in the affirmative, sets…