Jordan M. Rice v. Massachusetts State Police (SPR 20201837)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 13, 2020 SPR20/1837 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); SPR20/1139 Determination of the Supervisor of Records (July 24, 2020). In my July 24th determination I found that given the Department had confirmed it sent responses to Mr. Rice in regard to SPR20/0847, I considered the administrative appeal closed. Unsatisfied with said responses, Mr. Rice petitioned this office, and SPR20/1837 was opened as a result. Current Appeal In its June 23, 2020, response, the Department states “…the March 27th, 2020 correspondence to Mr. Rice, and many of the prior responses detail with specificity the materials that are being withheld, which include names and identifying information of witnesses, other CORI information, fingerprint information, etc…[t]he Department searched its records to 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. SPR20/1837 Page 2 October 13, 2020 identify what materials were responsive. The responsive records as a whole were redacted for just the specific items which are exempt from disclosure pursuant to their respective exemptions. The department only made those redactions and withheld those items which are specified in its prior responses.” In his appeal petition, Mr. Rice states “[t]he Department has admitted in written form that the materials ‘are being withheld’ herein this public records request… [t]herefore, it cannot be argued that all responsive records have been released herein by the Department.” Records withheld in their entirety In light of Mr. Rice’s appeal, and despite the Department’s responses, it is unclear if the Department is withholding any responsive records in their entirety. If any responsive records are being withheld in their entirety, the Department must indicate which records they are withholding, and claim an exemption, as well as provide specific reasons as to how the exemption applies. See G. L. c. 66, § 10(b)(iv). Conclusion Accordingly, the Department is ordered to provide Mr. Rice with a response provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jordan Rice