Angel M. Peralta v. Massachusetts State Police (SPR 20170229)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 28, 2017 SPR17/229 Kerry A. Collins, Esq. Department of State Police - Crime Laboratory 124 Acton Street Maynard, MA 01754 Dear Attorney Collins: I have received the petition of Angel Peralta appealing the response of the Department of State Police-Crime Laboratory (Department) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Mr. Peralta requested a copy of all materials related to a criminal investigation and his subsequent conviction in a shooting at a McDonald's Restaurant in Fall River (Incident No. 06-1516-0F), specifically: 1. All fingerprints, DNA and ballistics evidence found at the scene (McDonald's), and 2. All evidence found at 33 Nashua Street, Fall River. The Department advised Mr. Peralta that it is withholding the records pursuant to Exemption (a) Criminal Offender Record Information Act (C.O.R.I.), Exemption (c) and Exemption (f) of the Public Records Law. The Department has also advised Mr. Peralta that access to evidentiary records is governed by the rules of criminal procedure associated with such court proceedings. Mr. Peralta appealed. Status ofthe requester and reason for the request In his petition, Mr. Peralta states that the Department's refusal to provide all discovery materials regarding his trial, Commonwealth v. Peralta, is necessary to his post-conviction defense, and that the Department is hindering his constitutional rights. The Public Records Law does not distinguish between individuals seeking public records. Mr. Peralta should be advised that his status as the criminal defendant who is the subject of the records offers him no greater right of access than any other person in the public realm. See G. L. c. 66, § IO(a) (2017 ed) (public records are to be provided to "any person"); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Access to a record pursuant to the Public Records Law rests on the content of the record, regardless of the circumstances of the requester. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Kerry A. Collins, Esq. SPR17/229 Page 2 February 28, 2017 Appeal to the Supervisor Mr. Peralta should be advised that the appeal process under the Public Records Law shall not apply to records in which an individual, or a representative of the individual, has a unique right of access to the records through statutory, regulatory, judicial or other applicable means. See 950 C.M.R. 32.08(1)(a) (2017 ed.). Whereas the records are directly related to Mr. Peralta's conviction, he has a unique right of access through the judicial process. Accordingly, whereas Mr. Peralta has a unique right of access through the judicial process, I decline to continue any further review of his petition. Sincerely, Rebecca S. Murray Supervisor of Records cc: Angel Peralta