Nolle prosequi is a declaration that may be made by a prosecutor when the charges cannot be proved; the evidence has demonstrated either innocence or a fatal flaw in the prosecution’s claim; the prosecutor no longer thinks the accused is guilty; and/or the accused has died.
It is generally made after an indictment, but is not a guarantee that the person will not be re-indicted.
In his written motion, Assistant Attorney General Brian D. Gallagher said defendant Mariano Rios, 44, requested several items as part of ongoing discovery that included incident reports.
Gallagher said: “Over the past several months, the [prosecutor] and other members of the [Attorney General’s Office] criminal division have made numerous requests to the Department of Public Safety to supply these items.”
Apparently, Gallagher said, “the requested items are no longer in [DPS] possession. After months of searching, it is unlikely that these documents will reappear. Upon information and belief, it is not possible to recreate the file.”
Neither the commonwealth nor the defense can adequately prepare for this trial without the missing documents, Gallagher added.
He also told the court that Emerenciana Magofna Rios, the victim in the case, asked the AGO on March 22, 2010 to dismiss the case against her husband.
Chief Prosecutor Michael Ernest signed Gallagher’s motion.
Rios was charged with assault and battery, and disturbing the peace.
