Matthew C. Eaton v. Department of State Police - Crime Lab (SPR 20200482)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

March 20, 2020 SPR20/0482

Darina Griffin, Esq.

Legal Counsel

Massachusetts State Police

Crime Laboratory

124 Acton Steet

Maynard, MA 01754

Dear Attorney Griffin:

I have received the petition of Matthew Eaton of Boxer Blake & Moore appealing the response of the Massachusetts Department of State Police Crime Laboratory (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Eaton requested “the police and/or accident report and any associated documents, specifically including toxicology reports and any criminal charges filed against [Troy] Cole” arising out of a certin incident.

The Department provided Attorney Eaton with a response on February 11, 2020, withholding responsive records pursuant to Exemption (f) of the Public Records Law. Unsatisfied with the Department’s response, Attorney Eaton petitioned this office and this appeal, SPR 20/0482, was opened as a result.

Subsequent to the opening of this appeal, Attorney Eaton informed this office that the Department provided a supplemental response that included responsive records, including toxicology results from blood drawn from Mr, Cole, In a March 17, 2020 email to this office, Attorney Eaton claims that additional responsive records may exist, specifically “toxicology results from substances that were recovered within Mr. Cole’s vehicle.”

Additional Responsive Records

The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(it) (written response must “identify any public records or categories of public records sought that are within the possession, custody, or control of the agency”).

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

Darina Griffin, Esq. SPR20/0482 Page 2 March 20, 2020

Based on Attorney Eaton’s email and the Department’s responses, it is unclear whether the Department possesses additional responsive records, and if so, whether the Department is withholding them pursuant to Exemption (f). The Department must clarify this matter.

Conclusion

Accordingly, the Department is ordered to provide a response to Attorney Eaton, provided in a manner consistent with this order, the Public Records Law and its Regulations as soon as practicable. 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.

Olesen

Rebecca S. Murray C

Supervisor of Records

cc: Matthew C. Eaton, Esq., Boxer Blake & Moore