Appellant McCowen Brief - Mass Cases

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Schand, 420 Mass. 783, 787-88 (1995). This Court has
established specific standards to deal with
prosecutorial nondisclosure. Tucceri, 412 Mass. at 406-
08.
The trial court conducted its own investigation and
opined on the validity of evidence, wrongly acting as a
prosecutor instead of addressing the critical issue. The
prosecution withheld vital exculpatory evidence; a new
trial i s the only possible remedy.
VI. THE COURT ERRED IN DENXING DEFENDANT'S MOTION TO
DISMISS THE INDICTMENTS BEFORE AND AFTER TRrAf,.
McCOwen moved to dismiss the indictmentf: before
trial far one reason, after trial for another. App. 568,
Tr. 2778-83. A grand juror knew the victim, her daughter
and the child's father, a suspect, reporting the
conflict only after the indictments were returned. App.
568. McCowen's motion to dismiss on that basis was
denied before trial. App. 21-22. No statute defines
grand jurors' duties, which must be gleaned from the oath
of office, an oath violated here. G.L. c. :?13, S.5.
Commonwealth v. Woodward, 157 Mass. 516, 517-18 (1893)
controls: "[elvils ... would arise if a general practice
were to spring up of importuning grand jurors privately
in favor of or against the finding of indictments. If
this were done on one side, it might also be done on the
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