Rafael Martinez v. Office of the District Attorney - Essex District (SPR 20170786)

The Commonwealth of Massachusetts William Francis Galvin, Secretary ofthe Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 20, 2017 SPR17/786 David F. O'Sullivan, Esq. Assistant District Attorney Office of the District Attorney Essex District Ten Federal Street Salem, MA 01970 Dear Attorney O'Sullivan: I have received the petition of Rafael Martinez appealing the response of the Office of the District Attorney for the Essex District (DAO) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Martinez requested a complete copy of his own file, including witness interviews of identified persons, Commonwealth v. Martinez, (Docket No. ESCR2011-0681). DAO Response In its March 16, 2017 response, the DAO denied the request pursuant to the Criminal Offender Records Information (CORI) Act. See G. L. c. 6, § 167. Your response informed Mr. Martinez that a complete copy of his file was already provided in the normal course of discovery, and the DAO will not provide another copy, absent a court order. Mr. Martinez appealed. Request for Criminal Offender Record Information; Status of the requester Mr. Martinez is advised that his interest in and status as 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, § 10 (a ) (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. Therefore, Mr. Martinez's status regarding a post-conviction matter will play no role in a determination as to whether the records should be disclosed to the public. Mr. Martinez is advised that CORI pertaining to an identified person is restricted by the Act. See G. L. c. 6, § 167. Therefore, while Mr. Martinez has a unique right of access to his own 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

David F. O'Sullivan, Esq. SPR17/786 Page2 June 20, 2017 CORI, the Public Records Law is not the proper avenue to gain access to one's own CORI. There is a provision in the Act which grants an individual the right to inspect his/her own CORI. See G. L. c. 6, § 175. Furthermore, the public records appeals process 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(l)(a). Whereas Mr. Martinez has a unique right of access to his own CORI, I decline to continue any further review of his request for his own CORI. Accordingly, whereas Mr. Martinez 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: Rafael Martinez