Eve Carson v. Essex County District Attorney's Office (SPR 20180610)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 16, 2018 SPR18/610 David F. O'Sullivan, Esq. Assistant District Attorney Essex County District Attorney's Office 10 Federal Street Salem, MA 01970 Dear Attorney O'Sullivan: I have received the petition from Eve Carson appealing the denial of access to public records by the Essex County District Attorney's Office (DAO) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). On April 28, 2018, Ms. Carson appealed the DAO's February 13, 2018 response letter regarding her request for additional items pertaining to the investigation into a specified murder. Ms. Carson is requesting documents concerning an identified individual and a CIA summary Report. Appeal Ms. Carson is requesting interview documents of an identified state witness with the Massachusetts State Police Department on January 10, 1983 and January 14, 1983, along with a certain bond written statement. Ms. Carson also states that a member of the DAO's office informed her that the DAO had a "CIA summary report in their files." Ms. Carson wishes to know if this summary is in the DAO's possession. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § IO(a)(ii), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 1O (b) (iii). This office encourages the DAO and Ms. Carson to communicate further to enable the DAO to provide any requested public records in their possession. Accordingly, the DAO is hereby ordered to review the requests made by Ms. Carson and provide a response to Ms. Carson, made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. 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. If unresolved issues remain, Ms. Carson may appeal the substantive nature 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. SPR18/610 Page 2 May 16, 2018 of the DAO's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Ms. Eve Carson