Commonwealth v. Depina-Cooley

*218 This case raises the question whether three indictments returned against the defendant must be dismissed because an unauthorized person, a police officer, was present when one of the witnesses testified before the grand jury. Although there is no showing that the defendant was prejudiced by the officer's presence, the Superior Court judge ruled that the case law nevertheless required dismissal of two of the three indictments. We conclude that in the particular circumstances here -- which included an express instruction by the prosecutor to disregard the testimony of *1092 the witness in question…