COMMONWEALTH OF MASSACHUSETTS
_______________SS.
SUPERIOR COURT DEPARTMENT
_____________ TRIAL DIVISION
C.R. NO.:
COMMONWEALTH
V.
(Name Omitted)
OMNIBUS DISCOVERY MOTION
Now comes (name omitted), through counsel, and respectfully requests that this
Honorable Court order the Commonwealth to furnish his counsel with copies, or the opportunity
to view and copy, any and all exculpatory material. This request is made pursuant to
Mass.R.Crim.P. 14(a)(1)(C), Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215
(1963); United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976); United States
v. Bagley, 473 U.S. 667, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985); Kyles v. Whitley, 514 U.S. 419,
115 S.Ct. 1555, 131 L.Ed.2d 490 (1995); Commonwealth v. Ellison, 376 Mass. 1, 379 N.E.2d
560 (1978); Commonwealth v. Tucceri, 412 Mass. 401, 589 N.E.2d 1216 (1992); and their
progeny.
In addition, the defendant, (name omitted), respectfully moves, pursuant to
Mass.R.Crim.P. 14, that this Honorable Court direct the Commonwealth to permit him to inspect
and/or copy the following evidence, if any, in the possession, custody or control of the assistant
district attorney, the police department or any other division or agency of the Commonwealth,
the existence of which is known or by due diligence may become known to the assistant district
attorney:
1.
Any and all photographs, including video tapes, taken of the defendant, including
any portion of his body;
2
2.
this case;
Any and all photographs taken at the scene of the arrest or otherwise relating to
3.
Any handwritten notes relating to this case taken by the police or other
investigating officers prior to, during or subsequent to the defendant's arrest, including, but not
limited to, any notes of conversations with the defendant;
4.
A copy of all police reports, including, but not limited to, reports of the arresting
officer and reports written by any investigating officer(s);
5.
A copy of all written reports or notes of any examining expert or laboratory used
by the police department, directly or indirectly concerning any examination made by any
examiner, expert, or laboratory, or any physical, photographic or written evidence connected
with the investigation and/or prosecution of this action;
6.
A copy of all police logs, accident reports, reports dealing with any damage to the
location of the incident, insurance reports or investigations, insurance records of any kind
associated with the alleged losses, notes taken or recordings made by the police of any
conversations with prosecution witnesses and notes made by any police officer(s) to be used at
trial;
7.
Any observations reduced to writing made by any police officer(s) involved with
this case who the prosecution intends to use at trial which weren't part of any so-called "official"
police reports furnished, or to be furnished, to the defense;
8.
The names of the officers or other witnesses who were with the defendant prior to
his arrest and who had the opportunity to observe his appearance and behavior;
9.
The time and place of and the name of the officer(s) who gave the defendant his
so-called Miranda warnings and the name(s) of any officers witnessing this;
10.
All written and oral statements of the defendant;
11.
Any transcripts and/or tape recordings containing any statements made by the
defendant or any other individual concerned with this case;
12.
Any booking slips or other documents relative to the booking process;
13.
The names, addresses, telephone numbers and statements of:
a.
All witnesses having knowledge of the defendant's case;
b.
All persons interviewed by the police, D.A.'s office, or any other law
enforcement agency, or their representatives or agents;
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c.
All witnesses whom the prosecution expects to call to testify, including
their dates and places of birth and their parents' names;
17.
All physical and tangible evidence that the assistant district attorney intends to use
at trial;
18.
Any person(s) or other evidence which would tend to exonerate the defendant,
give credence to his defense or damage the prosecution's case;
The defendant makes this request in accordance with his right to a Fair Trial, Due Process
of Law, his right to properly prepare and present a defense, his right to effective assistance of
counsel, his right to be notified fully and plainly, substantially and formally of the crime charged,
to be informed of the nature and cause of the accusation, his right to Confrontation, and his right
to fundamental fairness guaranteed in accordance with the Fifth, Sixth, and Fourteenth
Amendments of the Constitution of the United States and Article XII of the Massachusetts
Declaration of Rights.
Respectfully Submitted,
(name omitted),
By His Counsel,
_____________________________
Date: