Andrew Crouch, Esq. v. Hampden County District Attorney's Office (SPR 20181717)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supe11'isor ofR ecords November 29, 2018 SPRlS/1717 Joseph P. Pessolano, Esq. Hampden County District Attorney's Office 50 State Street Springfield, MA 01102-0559 Dear Attorney Pessolano: I have received the petition of Andrew S. Crouch, Esq. of the Law Office ofA ndrew S. Crouch appealing the response of the Hampden 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). Specifically, Attorney Crouch requested a copy of various records from January I, 2018 to the present (November 8 - date of the request) relating to a post-conviction matter entitled, Commonwealth v. Santos, Docket No. 1479CR00519. In a November 15, 2018 response, the DAO informed Attorney Crouch that the specified documents pertain to the case of Commonwealth v. Santos which is an active appellate matter being defended by the DAO. You assert, "[i]n our view, G. L. c. 66, § 10 was not intended to permit circumvention of the rules of discovery applicable to active prosecutions and appeals, long established by the Supreme Judicial Court ... Accordingly, you are respectfully referred to the vehicle readily available to you in [Mass R. Crim. P. Rule 30] ... " As a result of the denial by the DAO to produce the records under the Public Records Law, Attorney Crouch petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Reason for the request In his request letter, Attorney Crouch states that he represents an identified person in the active court action, Commonwealth v. Santos, Docket No. 1479CR00519. Whereas the public records in question are the subject of a dispute in active litigation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b) (the Supervisor may deny an appeal if, in the opinion of the Supervisor, "the public records in question me the subjects of disputes in active litigation, . administrative hearings or mediation"). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b) . 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

Joseph P. Pessolano SPRlS/1717 Page 2 November 29, 2018 Accordingly, this administrative appeal is now closed. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Andrew S. Crouch, Esq.