Sara A. Laroche, Esq. v. Middlesex District Attorney's Office (SPR 20210705)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 5, 2021 SPR21/0705 Daniel M. DeBlander, Esq. Assistant District Attorney Middlesex District Attorney’s Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Attorney DeBlander: I have received the petition of Sara A. LaRoche, Esq. appealing the response of the Middlesex District Attorney’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 14, 2020, Attorney LaRoche requested certain records relating to two criminal dockets from 1986. Previous appeal This request was the subject of a previous appeal. See SPR21/0425 Determination of the Supervisor of Records (March 3, 2021). The Office responded on March 17, 2021. Unsatisfied with the response, Attorney LaRoche appealed and SPR21/0705 was opened as result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). 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

Daniel M. DeBlander, Esq. SPR21/0705 Page 2 April 5, 2021 The Office’s March 17th response The Office responded on March 17, 2021 indicating “[t]his Office maintains that Attorney LaRoche’s appeal is inappropriate and should be dismissed because her client has a unique right of access to the records requested concerning his own criminal case through post- conviction discovery under the Rules of Criminal Procedure.” Under the Public Records Law, the burden shall be upon the records custodian to identify records being withheld and prove with specificity the exemption which applies. G. L. c. 66, §10 (b)(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); - - - - - - Flatley, 419 Mass. at 511. See also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289- - - - - - - 90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Order Accordingly, the Office is ordered to review the request and provide a response to Attorney La Roche made in accordance with the Public Records Law 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: Sara A. LaRoche, Esq.