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think your question on plea bargaining also leads into another question and that is, when would I think it appropriate to nolle prosequi with a particular case.
“First, I think it’s important that it be understood what an order of nolle prosequi means. Basically, a case is nolle prosequi when the commonwealth elects to not go forward with the prosecution of a case. Theoretically, a case should be nolle prosequi when a ‘•■-technical defect-or a defect in the evidence is so severe that a conviction is impossible.
“My attitude is that I will nolle prosequi a case where the defects in the evidence can not be remedied and where the defects are such that a conviction of the criminal offender is impossible.”
—1 understand that commonwealth attorneys are now required to state reasons for requesting an order of nolle prosequi.
Baumgardner: “1 will do that if elected as commonwealth attorney.”
—What would you do to lessen the incidence of defects in evidence that result in cases being nolle prosequi and how would you improve the relationship between the commonwealth attorney’s office and law enforcement
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