Jenn Bussell v. Winchester, Town of - Police Department (SPR 20201860)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 15, 2020 SPR20/1860 Lieutenant Daniel J. O’Connell Winchester Police Department 30 Mount Vernon Street Winchester, MA 01890 Dear Lieutenant O’Connell: I have received the petition of Jenn Bussell appealing the response of the Town of Winchester Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on July 16, 2020, Ms. Bussell requested the following documents related to a certain investigation: 1. Call transcripts, incident reports, and affidavits created and submitted by officers of the [Department] in response to emergency calls for incidents at a [specified address] between 1972 and 2002; 2. Call transcripts, incident reports, and affidavits created and submitted by officers of the [Department] in response to non-emergency calls regarding the property at [a specified address]; 3. Crime scene photos taken by officers and/or detectives of the [Department] at a [specified address], including the interior and exterior of the home and surrounding property (e.g. front and rear walk-ways, driveway, sidewalk, front yard, rear yard, side yards) on and around [a certain date]; 4. Transcripts of witness interviews conducted by [Department] detectives at a [specified address] and/ or at the [Department] station with personally identifiable information redacted per MA law pertaining to a [specified incident]; 5. Correspondence between the [Department] and an [identified individual] requesting that he relinquish any firearms in his possession; and 6. Records indicating firearms owned by [an identified individual] were in the possession of the [Department]. Prior appeals The requested records were the subject of prior appeals. See SPR20/1004 Determination 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

Lt. Dan O’Connell SPR20/1860 Page 2 October 15, 2020 of the Supervisor of Records (July 8, 2020); see also SPR20/1344 Determination of the Supervisor of Records (August 25, 2020). In my August 25th determination, I found that the Department’s June 10, 2020 response did not contain the specificity required for a denial of access to public records for Ms. Bussell’s Request Numbers 5 and 6. Therefore, I ordered that the Department provide Ms. Bussell with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations as soon as practicable. The Department did not do so. On October 5, 2020, I ordered the Department, a second time, to comply with my August 25th determination within five (5) business days. In a September 30, 2020 email to this office, you indicated that the Office of the Middlesex District Attorney will respond to Ms. Bussell’s request and subsequent appeal on behalf of the Department. This same day, Ms. Bussell appealed to the Supervisor, and the current appeal was opened. In her September 30th petition, Ms. Bussell contends, “[t]here is no way the [District Attorney] has first-hand knowledge of the availability of public records in possession of the [Department] that were originated by members of the [Department] dating back to the 1980s.” Conclusion While this appeal was pending the Office of the Middlesex County District Attorney, responding on behalf of the Department, provided Ms. Bussell with an October 13, 2020 response pertaining to her request. Accordingly, I will consider this appeal closed. Ms. Bussell may appeal the substantive nature of the October 13th response within 90 calendar days. 950 C.M.R. 32.08(d). Sincerely, Rebecca S. Murray Supervisor of Records cc: Jenn Bussell Daniel DeBlander, Esq., Office of the Middlesex District Attorney