Salahuddin Ali v. Department of State Police Crime Laboratory (SPR 20181089)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S" Murra>" Supervzsor ofR ecords August 2, 2018 SPR18/1089 Kerry Collins, Esq. Massachusetts Department of State Police-Crime Lab 470 "Worcester Road Framingham, MA 01702-5351 Dear Attorney Collins: I have received the petition of Sa1ahuddin Ali appealing the response of the Massachusetts Department of State Police-Crime Lab (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 CJvLR. 32.08(1). Specifically, ]Vir. Ali requested records "surrounding the Cotuit Bank Robbery (Plymouth Savings Bank) on September 25, 1993." 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): 9.50 C.M.R. 32.03(4). "Public records" is broadly defined to include all doclliuentarry 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, § 7(26). Current Appeal In a letter dated April 4. 2018, you expressed to Mr. Ali that you were under the belief that the Department had records responsive to his original request.You then state, "[i]t appears as though the testing in your case was done by another agency as I could not locate any documents pertaining to conviction." You then vvrite, "the Massachusetts State Police Crime Lab did not conducT any analysis on the evidence." Unsatisfied with this response, }/fr Ali petitioned this office and as a result SPRl 8/1089 was opened. No Duty to Create Records Under the Public Records Law, tbe 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 ,vith requests for records extends to those records that exist and are in the possession. custody, or control of the One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (61 727-5914 sec.smte.ma.us/pre • pre@lsec.state.ma.us

Massachusetts Department of State Police- Crime Lab SPRl 8/1089 Page 2 August 02, 2018 custodian of records at tbe time of the requesL See G. L c. 66, § Conclusion \t{hereas the Department does not possess records responsive to 1'vir. Ali's 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: Salahuddin Ali