Massachusetts Superior Court September 11, 2003, No. 912797D (Commonwealth v. Milley)

Brassard, J.

On May 20,2003, this court, pursuant to a remand by the Appeals Court, held a two-day evidentiary hearing to determine whether there was a genuine conflict of interest on the part of defendant’s attorney, Paul Cacchiotti (“Cacchiotti”), when he retained the services of James O. Mills (“Mills”), as a private investigator.