Joseph C. Borsellino v. Boston, City of - Public Records (SPR 20210013)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 19, 2021 SPR21/0013 Shawn A. Williams, Esq. Director of Public Records Records Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Wiliams: I have received the petition of Attorney Joseph C. Borsellino of Dailey & Borsellino, P.C. appealing the response of the Boston Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 5, 2020, Attorney Borsellino requested Department materials related to a May 30, 2020 incident, specifically: “1. All 911 tapes, recordings, computerized, written or other notes and records relating in any way to calls referring to the matters addressed in this letter, including the citizen calls to the police, the police response and the resulting collision and injury of [a named individual] 2. All dispatch tapes, notes, records and recordings from 4 - 7PM on Saturday, May 30, 2020 in any way relating to the subject matter described in this letter. 3. All audio and video tapes from cameras i) located on any poles, emergency or other, ii) police vehicles, and iii) police officers' bodies from 4 - 7 PM on Saturday, May 30, 2020 which depict: A. The parking lot located behind the rear entrance to the Franklin Park Zoo and the public park adjacent thereto; B. Any and all participants in the 911 calls and witnesses to the related events in the parking lot and public park; C. Any pursuit of [a named individual] and the collision between a police cruiser and [a named individual]; and, D. The interview by police personnel of all 911 callers, witnesses to the 911 calls and the resulting pursuit and collision, and interviews of [a named individual]. 4. All police, detective, reconstructive and other reports pertaining to the 911 calls, the police response and the resulting pursuit of and collision with[a named individual] and all police investigation of all related matters. 5. All photographs of the collision scene, its participants and witnesses. 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

Shawn A. Williams, Esq. SPR21/0013 Page 2 January 19, 2021 6. All photographs and damage appraisals of all police vehicles which were in collision with the cycle of [a named individual].” Previous appeal This request was the subject of a previous appeal. See SPR20/1210 Determination of the Supervisor of Records (July 30, 2020); SPR20/2363 Determination of the Supervisor of Records (December 14, 2020). In my December 14th determination, I found that it was is unclear if the Department possesses the records requested. Subsequent to the intervention by a staff attorney of the Public Records Division, I learned that Department responded to Attorney Borsellino’s request with a response sent on January 8, 2021. I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph C. Borsellino, Esq.