NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

C. Denial of Continuance To Access, Interview,
And Secure Attendance of Witnesses
Where Aldrich appeared at a status hearing on
12/02/09, and "received short notice of trial" for
12/07/09 (R.A. "14"), and on trial date the government
filed a list of 21 witnesses (R.A. "49-50"), in viola-
tion of Mass.H.Crim.P. 14(a)(l)(iv), and Aldrich filed
a Motion To Continue Trial Date(R.A. "48") to interview
and secure attendance of witnesses; the trial judge
arbitrarily abused his discretion in denying Aldrich
a continuance. Commonwealth v. Super, 431 Mass. 492,
I,
497 (2000)(continuance warranted when parties received
short notice of trial date"). Aldrich was prejudiced by
the late disclosure of the names of witnesses on theday
of trial, which deprived Aldrich of an equal opportunity
to interview witncsses.Thus, Aldrich was denied a fair
trial. Commonwealth v. Gonzalez, 76 Mass.App.Ct. 1111
(2010)(remand for new trial for abuse of discretion in
denying continuance); and Commonwealth v. Eneh, 76 Mass.
App, Ct. 672, 677 (2010)(discovery is t o prevent "trial
by ambush").
D. Threats and Intimidation By Police Officer
A Day Before Trial Violated Defendant's
Substantive Constitutional Rights ToFair Trial
Where, through telephone threats, a police officer
threatened Aldrich a day before trial with the purpose
of interferring and influencing trial proceedings (R.A.
48