Gary S. Brackett, Esq. v. Office of the District Attorney - Worcester District (SPR 20170778)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

June 13, 2017 SPR17/778 George G. Hardiman, Esq. Law Office of George G. Hardiman 15 Foster Street Quincy, MA 02169

Dear Attorney Hardiman:

I have received the petition of Gary S. Brackett, Esq. of Brackett & Lucas, Counselors at Law, appealing the response of the Office of the Worcester District Attorney (DAO) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Brackett requested, on behalf of his client, two categories of records related to specified police reports. This request was the subject of a previous appeal. See SPR17/364 Determinations of the Supervisor of Records (March 29, 2017; April 28, 2017).

Subsequent to the opening of this appeal, in an email dated June 12, 2017, you informed this office that “[a]s you are aware we have asserted that the records requested in the above referenced matter were exempt from disclosure. This position was based on an ongoing criminal case.” You assert that “[e]arlier today that underlying matter was resolved by way of a nolle prosequi. Consequently, I intend to mail the records to Attorney Brackett within the next few days.”

Accordingly, I will consider this appeal closed with the proviso that the records are provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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.

Sincerely,

Rebecca S. Murray Supervisor of Records cc: Gary S. Brackett, Esq. Jeffrey T. Travers, Esq.

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