Commonwealth v. Durham

In issue is the order of a Superior Court judge that directed the defendant, as part of the reciprocal discovery authorized by Mass. R. Crim. P. 14 (a), 378 Mass. 874 (1979),1 to furnish the Commonwealth with “statements” of witnesses whom the Commonwealth intended to call at trial and which were in the possession, custody, or control of the defendant or his attorney. The order required that the “statements” were to be provided to the Commonwealth within seven days of defense counsel’s receipt of a list of civilian witnesses whom the Commonwealth intended to call at trial. The order pertained…