LAWRENCE – A mistrial was declared Monday morning in the trial of Christopher Dalomba, who is charged with shooting and robbing a longtime friend over two years ago on Roosevelt Avenue in Peabody during what prosecutors say was a drug deal gone bad.Lawrence Superior Court Judge Richard E. Welch III, declared the mistrial after it was learned that information regarding witness statements obtained by state police were not turned over to Peabody police, thus were not given to the commonwealth nor the defense.The judge decided the information was “inadvertently” not turned over because of “lack of communication” and that there was no intentional attempt to hide the information, First Assistant District Attorney Jack Dawley said Monday afternoon.Dawley went on to say that because of this situation the office is now taking protocol steps of command to make sure this does not happen again.In asking for the mistrial, defense lawyer Mark Miliotis said his opening statement before the jury would have been different if he had had the information.The trial was in its fourth day of testimony. The commonwealth had not yet rested its case. The case is next scheduled for a telephonic conference on June 9 with attorneys and the judge.Dalomba, 33, of 59 Harrison Ave., Peabody, went on trial on charges of armed assault with intent to murder, armed assault with intent to rob, armed assault in a dwelling, armed robbery and assault and battery with a dangerous weapon in the Jan. 13, 2006 shooting of 36-year-old Luigi Passanisi. He faces a potential life sentence in state prison if convicted.Dalomba, who remains free on bail, maintains his innocence in the case. He accuses Passanisi of fingering him to avoid having to give up the real assailant. Miliotis told jurors that someone made an effort to “assassinate Luigi Passanisi,” but if Passanisi gave up his real attacker, he might be in even more danger and therefore there are reasons why the identity of that person should be left unknown.According to reports, it was shortly after 5 p.m., on Jan. 13 when Dalomba, a family friend for more than 15 years, burst into Passanisi’s home at 30 Roosevelt Ave., and shot him, putting Passanisi into a coma for 13 days. Passanisi was shot in the head, chest, arm and hand during the assault.Following the incident, Passanisi stumbled out of his house and across the street and collapsed on the porch of one of his neighbors.Dalomba fled from the scene and was on the lam for almost a year before surfacing in New York City where police picked him up on a marijuana charge in November 2006.Authorities believe Dalomba made a deal with Passanisi to deliver 30,000 Vicodin pills in exchange for $92,000 in cash, but Dalomba was deducting $5,000 from the actual cost, because Passanisi owned him that amountWhen Dalomba fled from the back door of the Roosevelt Avenue home following the incident, he apparently left a shoebox full of beans, which police recovered.As authorities were investigating the shooting, they discovered hundreds of OxyContin and Vicodin pills and marijuana in various locations in Passanisi’s home.Passanisi testified at Dalomba’s trial.Assistant District Attorney Greg A. Friedholm is prosecuting the case for the commonwealth and he told jurors about the plea bargains Passinisi struck with the state and federal prosecutors.Passanisi currently is serving a seven-year prison term for dealing drugs, and will be on probation for 10 years when he is released. He is also serving a federal prison term of seven years, but that is running simultaneously with the other term of incarceration, instead of one after the other.
