Shibley, Craig v. Executive Office of Public Safety and Security - Department of State Police (SPR 20140058)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 7, 2014 SPR14/058 Mr. Craig P. Shibley 2 Lost Oak Road West Boylston, MA 01583 Dear Mr. Shibley: I have received your letter appealing the response of the Massachusetts Department of State Police (Department) to your request for records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, you requested copies of records regarding a Department investigation of a homicide investigation from the year 1951. In a January 28,2014 response Department Deputy Chief Legal Counsel Sean W. Farrell denied your request pursuant to Exemption (f) of the Public Records Law. Exemption (f) Exemption (f) applies to: investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest G. L. c. 4, § 7(26)(f) There is no blanket exemption for records maintained by investigative officials. District Attorney for the Norfolk District v. Thomas J. Flatley, 419 Mass. 507, 512 (1995) (burden on custodian to prove that an exemption applies); WBZ-TV4 v. Dist. Att'y for the Suffolk Dist., 408. Mass. 595, 603 (1990). Rather, a case-by-case review is necessary to determine whether an exemption applies. Reinstein v. Police Comm'r of Boston, 378 Mass. at 281, 289-90 (1979). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Craig P. Shibley SPR14/058 Page Two February 7, 2014 The general purposes of Exemption (f) include the avoidance of premature disclosure of the Commonwealth's case prior to trial and the prevention of disclosure of confidential techniques, procedures or sources of information. WBZ-TV4 v. District Attomey for the Suffolk District, 408 Mass. 595, 603 (1990); Bougas v. Chief of Police of Lexington, 371 Mass. 59, 62 (1976). In the Department's January 28th letter Attomey Farrell explained that the records responsive to this request remain subject of an ongoing criminal investigation. Whereas the investigation into the incident remains ongoing, it is the finding of this office that the Department acted appropriately in withholding the requested records. Accordingly, I will consider this appeal closed. awn . Williams Supe ·s or of Records cc: Mr. Sean W. Farrell, Esq.