Massachusetts Superior Court May 17, 2004, No. BRCR20031327 (Commonwealth v. Clemmey)

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United States · · · 17-05-2004

Connon, J.

A prosecutor need not present all exculpatory evidence to the grand jury. Commonwealth v. O’Dell 392 Mass. 445, 447 (1984). However, “(w]hen the prosecutor possesses evidence which would greatly undermine the credibility of evidence likely to affect the grand jury’s decision to indict, the prosecutor must alert the grand jury to the existence of such evidence.” Commonwealth v.

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