Christopher Piantedosi v. Office of the District Attorney - Middlesex District (SPR 20190349)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 28, 2019 SPR19/349 Emily Walsh, Esq. Office of the District Attorney - Middlesex District 15 Commonwealth A venue Woburn, MA 01801 Dear Attorney Walsh: I have received the petition of Christopher Piantedosi appealing the response of the Office of the District Attorney - Middlesex District (Office) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Piantedosi requested various categories of records concerning an ongoing case. Previous Appeal This appeal is the subject of a previous case. See SPRl 8/2084 (January 8, 2019). I closed SPRl 8/2084 by declining to opine on this matter as the records in question are the subject of dispute in active litigation. Current Appeal In a letter to this office dated February 4, 2019, Mr. Piantedosi states, "I am writing to you to appeal the previous decision that was made on my request for my records. The matter is no longer litigation." In an email to this office dated February 28, 2019, you provided this office a letter you received from Mr. Piantedosi dated February 9, 2019. In the February 9th letter, Mr. Piantedosi writes, "I currently have my Habeas Corpus petition being reviewed with the first circuit which I just made because my appellate attorney never told me about, so I was not able to get any new issues in my petition." Conclusion Whereas the public records in question continue to be the subject of a dispute in active litigation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b ). It should be noted that a change in the status of the litigation 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

Attorney Walsh SPR19/349 Page2 February 28, 2019 Sincerely, Rebecca S. Murray Supervisor of Records cc: Christopher Piantedosi