Matthew Cole v. Plymouth District Attorney's Office (SPR 20220220)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 4, 2022 SPR22/0220 Patrick Nevins, Esq. Assistant District Attorney Records Access Officer Plymouth County District Attorney’s Office 166 Main Street Brockton, MA 02301 Dear Attorney Nevins: I have received the petition of Matthew E. Cole, Esq. appealing the response of the Plymouth County 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 October 12, 2021, Attorney Cole requested copies of emails. The Office provided a response to the request on November 3, 2021. Unsatisfied with the Office’s response, Attorney Cole petitioned this office and SPR22/0220 was opened as a result. Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has been made aware that the criminal litigation, relating to the subject of Attorney Cole’s request, is still active and ongoing in Plymouth District Court. See Commonwealth vs. Connelly, Sara. (Docket No. # 1959CR002318). Conclusion In light of the ongoing litigation, I decline to opine on this matter at this time. See 950 CMR 32.08(2)(b). Accordingly, this administrative appeal is closed. 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

Patrick Nevins, Esq., RAO SPR22/0220 Page 2 February 4, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Matthew E. Cole, Esq.; Swomley &Tennen, LLP