Allen Scoggins v. Department of State Police Crime Laboratory (SPR 20181022)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 24, 2018 SPRlS/1022 Kerry A. Collins, Esq. Massachusetts Department of State Police-Crime Laboratory 470 Worcester Road Framingham, MA 01702-5351 Dear Attorney Collins: I have received the petition of Allen Scoggins appealing the response of the Massachusetts Department of State Police (Department) to a request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Scoggins requested further records regarding finger prints on a taxi cab. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, 5 7(26). Current Appeal In a letter dated June 29, 2018, you expressed to Mr. Scoggins that there are no records responsive to his request. In the June 29th letter you write, "I have already provided you with all available records that could be located. However, I got the file again and went through the file again to ensure I sent all of the records. Again, I did not find anything further than what was provided to you." You then informed Mr. Scoggins that he may want to direct his request to the District Attorney's Office that prosecuted his case as "they may have further records that are not located within the Crime Lab." Unsatisfied with this response, Mr. Scoggin's petitioned this office and as a result SPRl 8/1022 was opened. In his petition to this office dated July 3, 2018, Mr. Scoggin's writes, "Collins suggested I contact the District Attorney's Office and try to obtain this requested information on fingerprints." He then provides this office a 4 page discovery package from the District Attorney's office dated 12-04-97 to which he states, "there is no reference to any :fingerprints 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

Department of State Police-Crime Laboratory SPR18/1022 Page 2 June 24, 2018 found at the crime scene, so to contact the District Attorney's Office would be a waste of time and a stamp." He further writes, "[p]lease contact MSP crime lab and have them release the results of the fingers found on the taxi cab." No Duty to Create Records Please be advised, under the Public Records Law the Department is not required to create a record in response to a public records request. See G. L. c. 66, §6A( d). 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 of records at the time of the request. See G. L. c. 66, § 10(a )(ii). Conclusion Whereas the Department does not possess records responsive to Mr. Scoggins request and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Allen Scoggins