Craig P. Shibley v. Department of State Police (SPR 20220269)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 18, 2022 SPR22/0269 Allison Mondello Primary RAO Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received a petition from Craig Shibley appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 11, 2021, Mr. Shibley requested to inspect all case file evidence including ballistic evidence related to the 1951 murder of an identified Trooper. Previous appeals This request was the subject of previous appeals. See SPR21/3121 Determination of the Supervisor of Records (December 3, 2021) and SPR22/0206 Determination of the Supervisor of Records (February 11, 2022). The Department responded on February 3, 2022. Unsatisfied with the response, Mr. Shibley petitioned this office and this appeal, SPR22/0269, was opened as a 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 agency or municipality 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(b)(iv); 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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

Allison Mondello SPR22/0269 Page 2 February 18, 2022 The Department’s February 3rd response In its February 3rd response, the Department advised, “[p]ursuant to G.L. c. 38 §4, the Worcester County District Attorney’s Office … controls the case investigation … You should direct any future inquiries into this matter to the Worcester County District Attorney’s Office.” Current appeal In his appeal, Mr. Shibley asserts, “I'm appealing the Department's …response that … MSP is not the rightful custodian of the targeted records …” In light of Mr. Shibley’s appeal petition and the Department’s response, the Department must clarify whether responsive records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Shibley with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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: Craig Shibley Sean W. Farrell, Esq.