Angel M. Peralta v. Fall River, City of - Police Department (SPR 20170230)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 8, 2017 SPR17/230 Lieutenant Kevin Silva Records Access Officer City of Fall River - Police Department 685 Pleasant Street Fall River, MA 02720 Dear Lieutenant Silva: I have received the petition of Angel Peralta appealing the response of the City of Fall River - Police Department (Department) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Mr. Peralta requested copies of certain records 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. Personal handwriting statements from two (2) specifically-named witnesses, 2. Department notes regarding witness statements, and 3. All reports, notes and pictures pertaining to the evidence concerning a specifically identified vehicle and vehicle identification number. The Department advised Mr. Peralta that it is withholding the witness statements and related evidence regarding the incident and prosecution pursuant to Exemption (f) of the Public Records Law. The Department also advised Mr. Peralta that access to evidentiary records is governed by the rules of criminal procedure associated with such court proceedings, and that the Department cannot release this information without a court order. Mr. Peralta appealed. Status of the requester and reason for the request In his petition, Mr. Peralta states that the Department's refusal to provide all witness and discovery materials regarding his trial, Commonwealth v. Peralta, is hindering his constitutional rights, and is necessary to his post-conviction defense for a new trial. 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, § lO(a) (2017 ed.) (public records are to be provided to "any person");~ also Bougas v. Chief of Police of 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

Lieutenant Kevin Silva SPRl 7/230 Page 2 March 8, 2017 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. 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, YmuuetLt 0 Rebecca S. Murray Supervisor of Records cc: Angel Peralta