Derrick Dennis v. Massachusetts State Police (SPR 20200931)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 23, 2020 SPR20/0931 Keith A. Paquette, Esq. Legal Counsel Department of State Police 470 Worcester, MA Framingham, MA 01702 Dear Attorney Paquette: I have received the petition of Derrick Dennis appealing the nonresponse of the Massachusetts Department of State Police (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dennis requested records regarding a 2013 homicide. Previous Appeal This request was the subject of a previous appeal. See SPR20/00734 Determination of the Supervisor of Records (May 18, 2020). In my May 18th determination, I found that despite being notified of the opening of the appeal, no response had been provided. The Department was ordered to provide Mr. Dennis with a response in a manner consistent with the order, the Public Records Law and its Regulations. The Department provided said response to Mr. Dennis on May 26, 2020, indicating “the Plymouth County District Attorney's Office controls the release of any information regarding homicides” and that “Assistant District Attorney Keith Garland will be handling [his] request…” Unsatisfied with the Department’s response, Mr. Dennis petitioned this office and this appeal, SPR20/0931, was opened as a result. 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

Keith A. Paquette, Esq. SPR20/0931 Page 2 June 23, 2020 Conclusion Subsequent to the opening of the appeal, the Department indicated in an email to this office that they provided Mr. Dennis with a supplemental response on June 16, 2020. Whereas the Department has sent Mr. Dennis a supplemental response addressing his appeal, I will consider this appeal closed. Mr. Dennis may appeal the substantive nature of the Department’s June 16th response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Derrick Dennis