Russell, Jenna v. Office of the District Attorney - Northwestern District (SPR 20150851)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 15, 2015 SPRlS/851 Ms. Cynthia Von Flatern, Esq. Assistant District Attorney Office of the Northwestern District Attorney One Gleason Plaza Northampton, MA 01060 Dear Attorney Von Flatern: I have received the petition of Jenna Russell of The Boston Globe appealing the response of Northwestern District Attorney (District Attorney) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Russell requested a copy of a 2009 report regarding a police shooting that occurred on January 12, 2009. The Boston Globe was provided with a copy of a July 23, 2009 press release and other records held by the Department of the State Police (Department). By telephone on December 11, 2015 you explained to an attorney on my staff that at the time of the original request and after this appeal was opened, the District Attorney made a diligent search of paper and electronic records at its office and at the District Attorney's Detective Unit at the Department. Additionally, earlier this week, you telephoned the former District Attorney who held the position at the time of the incident; however you were not able to connect with her at that time. You stated that you will send Ms. Russell and this office confirmation of the District Attorney's efforts to locate the report. Accordingly, whereas the District Attorney has diligently searched for the responsive record and has not found the record, and has indicated it will provide J enna Russell with a letter to this effect, I am closing this administrative appeal with the proviso that the District Attorney will do so within ten (1 0) days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. cc: Ms. Jenna Russell OneAshhurton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre