Jordan M. Rice v. Department of State Police - Crime Lab (SPR 20201139)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 24, 2020 SPR20/1139 Darina Griffin, Esq. Department of State Police Crime Lab 124 Acton Street Maynard, MA 01754 Dear Attorney Griffin: I have received the petition of Jordan Rice appealing the response of the Department of State Police Crime Lab (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Rice requested 17 categories of records related to an identified criminal case. Previous appeals This request was the subject of previous appeals. See SPR19/1087 Determination of the Supervisor of Records (June 13, 2019); SPR19/1398 Determination of the Supervisor of Records (July 30, 2019); SPR19/1898 Determinations of the Supervisor of Records (October 1, 2019; November 5, 2019); SPR20/0107 Determination of the Supervisor of Records (February 3, 2020); SPR20/0428 Determination of the Supervisor of Records (March 13, 2020); SPR20/0709 Determination of the Supervisor of Records (May 13, 2020); SPR20/0847 Determination of the Supervisor of Records (June 9, 2020). In my June 9th determination I found that based on the Department’s responses, it was unclear whether the requested records existed and were destroyed, or whether the records did not initially exist. The Department was ordered to provide Mr. Rice with a response in compliance with the Public Records Law, its Access Regulations and the order as soon as practicable. Current Appeal In his appeal petition, Mr. Rice indicates he has a change of address. Mr. Rice further states that in regard to the June 9th determination in SPR20/0847, that he has not received a response yet. In relation to another public records request regarding crime scene photos, Mr. Rice also states he has not received a reply. See SPR20/0974 Determination of the Supervisor of Records (July 2, 2020). 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. SPR20/1139 Page 2 July 24, 2020 In an email to this office on July 24, 2020, the Department states “[t]he June 23, 2020 letter that Mr. Rice includes in this Appeal was the response to SPR20/847. I also sent you and him a response to SPR20/947 on June 29, 2020 and attached is the UPS notification that indicates someone signed for it at the address he had prior to his change of address notification.” In its June 23rd response to SPR20/0847, the Department states “[t]he Department had already provided this information in the various responses sent. Namely, in its response dated March 27th 2020, the Department specifically informed Mr. Rice that ‘the Department was unable to locate any additional information about whether the materials existed and were destroyed or whether they did not initially exist other than the documents that have been provided to you.’” Conclusion Whereas the Department has confirmed it sent responses to Mr. Rice, I will now consider this administrative appeal closed. Mr. Rice may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Jordan Rice