Gregory A. Wall v. Department of State Police Crime Laboratory (SPR 20181722)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 27,20 18 SPR1811722 Kerry A. Collins, Esq. Department of State Police Crime Laboratory 470 Worcester Road Framingham, MA 01702-535 1 Dear Attorney Collins: I have received the petition of Gregory A. Wall appealing the nonresponse of the Massachusetts Department of State Police (Department) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Wall requested copies of certain Department Crime Lab records. Previous Appeal Mr. Wall's request was the subject of a previous appeal. See SPR141067 Determination of the Supervisor of Records (February 11,2014). The records subject to this request concerned an open appeal before the Massachusetts Supreme Judicial Court. In light of this, it was ruled that the Department was acting within its discretion in withholding the requested records from disclosure pursuant to Exemption (f). Current Appeal In a letter to the Department dated September 9,2018 , Mr. Wall expressed that he had received heavily redacted records from the Department on 0712311 8. In the September 9" letter, Mr. Wall states, "[tlhe disk I received contained two files totaling 343 pages of DNA records & criminalistics files that were about 80% redacted." He further adds, "the DNA testing was subcontracted to Orchid Cell-Mark labs 2 weeks before trial, all I received from the District Attorney's office was a 5 page report from Cell-mark (Appendix 02-07). I am renewing my public records request for these records from your Crime Laboratory unredacted." In a letter to this office dated November 4, 2018, Mr. Wall writes, "[als of today's date, the Director at the State Police Crime Laboratory has not responded within 10 business days.. .I am therefore appealing her non response to this renewed request." One Ashburton Place, Room 1719, Boston, Massachusetts 02108 (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.s tate.ma.us

Attorney Collins Page 2 November 27,2019 As of the date of this letter, it is my understanding that the Department has not provided Mr. Wall a response to his request for records. Order Accordingly, the Department is ordered to provide Mr. Wall with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Gregory A. Wall