Yisbert Lara v. Office of the District Attorney - Middlesex District (SPR 20192522)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Superi1/sor of Records January 7, 2020 SPR19/2522 Robert Bender, Esq. Assistant District Attorney Office of the District Attorney Middlesex County 115 Commonwealth A venue Woburn, MA 01801 Dear Attorney Bender: I have received the petition of Yisbert Lara appealing the response of the Office of the District Attorney - Middlesex County (Office) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Lara requested "a copy of the Commonwealth Medical Examiner's trial testimony in Commonwealth v. Kyle Alleyne ... " In its December 6, 2019, response, the Office denied Mr. Lara's request, stating, "[w]e have located the transcript you request, but also we learned that you have an open motion for post-conviction relief in Suffolk Superior Court, murder indictment no. 0484CR11065 ... [t]his Office may not communicate with you directly and can correspond only with your attorney." Active litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the information provided in the Office's December 6111 response regarding how the responsive records relate to the subject matter of open motions in Middlesex Superior Court cases, I find these records are the subject of dispute in active litigation. Therefore, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b)(l); 1481CR0023 l; 9781CR00350; 0781 CR00396; 0581 CROO 197. It should be noted that a change in the status of these actions could impact the applicability of 950 C.M.R. 32.08(2)(b )(1 ). 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

Robert J. Bender, Esq. SPR19/2522 Page 2 January 7, 2019 Sincerely, ~r~ Supervisor of Records cc: Yisbert Lara