Pittsfield —The Berkshire District Attorney’s Office said Friday (Feb. 22) that it had discontinued prosecution in the Commonwealth’s case against James Cromartie at this time due to an essential witness recanting his testimony.
Christopher Davis, 35, of Pittsfield, who claimed to be a witness in the 3-year-old homicide case, was indicted for perjury based upon false testimony he made under oath before a grand jury in 2017. Without the testimony from the witness, the Commonwealth is unable to sustain its burden of proof beyond a reasonable doubt. Accordingly, a Nolle Prosequi notice was entered in Berkshire County Superior Court on Friday.
“Justice demands not proceeding with this prosecution at this time,” District Attorney Andrea Harrington said. “Apprehending and prosecuting those who commit homicide in our community is a top priority for my office, but we will not rely on perjured testimony to advance a case that we cannot prove. Under these circumstances, the ethical and right course of action is not to prosecute based on the available evidence. We will continue to work with law enforcement to bring the perpetrator or perpetrators to justice.”
James Cromartie, 32, of Pittsfield, was arraigned last year in Berkshire County Superior Court and charged with the Jan. 23, 2016, shooting death of James Dominguez III, 30, of Springfield. Cromartie still faces a pending charge of possessing cocaine with intent to distribute.
The District Attorney’s Office is considering appealing a judge’s allowance this week of a motion to suppress in the case of the Commonwealth vs. Christopher Davis. “Perjury is a serious offense that will not be tolerated,” Harrington said.
