Luke Rosseel v. Berkshire District Attorney's Office (SPR 20230176)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 10, 2023 SPR23/0176 Joseph A. Pieropan, Esq. Records Access Officer Berkshire District Attorney’s Office 7 North Street Pittsfield, MA 01201 Dear Attorney Pieropan: I have received the petition of Luke Rosseel appealing the response of the Berkshire 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 August 2, 2022, Mr. Rosseel requested “[a]ny and all documents regarding the chain of custody for any and all evidence that was collected as part of [a specified arrest number], including records of where any such evidence is currently located.” The Office responded on October 4, 2022, allowing Mr. Rosseel to visit their office to inspect their documents and identify which ones he was requesting copies of. Mr. Rosseel did not find any documents responsive to his request, but did identify documents that he decided to request copies of. The Office responded to this subsequent request on November 3, 2022. Unsatisfied with the Office’s response, Mr. Rosseel petitioned this office and this appeal, SPR23/0176, was opened as a result. In an email dated February 8, 2023, the Office stated that it intends on providing a further response to Mr. Rosseel. Accordingly, the Office is ordered to provide Mr. Rosseel with said response in a manner consistent with the Public Records Law and its Regulations within ten (10) business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Rosseel may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). 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

Joseph A. Pieropan, Esq. SPR23/0176 Page 2 February 10, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Luke Rosseel