Commonwealth v. Santiago

WIEAND, Judge.

This is an appeal by the Commonwealth from an order of the trial court which barred a retrial of Wilfredo Santiago and dismissed charges of murder against him' because of the prosecution’s failure to make timely disclosure to the defense of certain information alleged to be material and exculpatory. The Commonwealth argues that the information not disclosed was neither material to the defense nor exculpatory and that, in any event, dismissal of the charges was not required by due process or by the double jeopardy clauses of the federal or state constitutions. After careful and…