Anthony Dew v. Suffolk County District Attorney's Office (SPR 20180191)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 27, 2018 SPR18/191 Claudia Arno, Esq. Office of the District Attorney - Suffolk County One Bulfinch Place Boston, MA 02114-2997 Dear Attorney Arno: I have received the petition of Anthony James Dew appealing the response of the Office of the District Attorney- Suffolk County (DAO) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dew requested the full case file for Commonwealth vs. Anthony James Dew, (Docket No. 1584CR10164) in addition to four categories of records concerning the case: 1. Booking photos printed out by Boston Police Department Officers. 2. All drug buys on search warrants sent to the State Police Department Crime Lab for testing. 3. All cell phone logs relating to an identified phone number (In/Out Calls). 4. All CDs on phone videos and CDs. No records responsive to the request In its February 5, 2018 response, the DAO informed Mr. Dew that they have no records responsive to his request for drug buys on search warrants sent to the State Police Department Crime Lab and cell phone logs relating to an identified phone number. After this appeal was opened, the DAO informed this office that any print-outs of the booking photos and any video taken from the cell phone that may have been saved to any electronic media, such as a compact disc (CD), would be in the custody of the Boston Police Department. Under the Public Records Law, the RAO shall identify any records that are not within its possession, custody or control ofthe public record sought. See G. L. c. 66, § 6A(d); see also 950 C.M.R. 32.06(3)(c)(2). There is no obligation to create a record in response to a public records request. 32 Op. Att'y Gen. 157, 165 (May 18, 1977). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 (617) 727-2832o Fax: (617) 727-5914 o sec.state.ma.us/pre pre@sec.state.ma.us o

Claudia Arno, Esq. SPR18/191 Page2 February 27, 2018 Appeal process -Unique right of access of requester Mr. Dew has requested records relating to his history with the court. This office was informed by the DAO that Mr. Dew was provided with his case file by his former legal counsel in January 2017. Therefore, it should be noted that the administrative 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 record through statutory, regulatory, judicial or other applicable means." See 950 C.M.R. 32.08(1)(a). Conclusion Accordingly, where Mr. Dew has a unique right of access through statutory, judicial or other applicable means, I decline to continue any further review of Mr. Dew's petition. This administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Anthony James Dew