Laura Carey v. Department of State Police - Office of the Chief Legal Counsel (SPR 20230420)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 16, 2023 SPR23/0420 Allison Mondello Primary Records Access Officer Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Laura Carey Esq., of New England Innocence Project, appealing the response of the Department of State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 13, 2022, Attorney Carey requested “[t]he complete investigative file and all records associated with the 1996 murder of [a named individual] including any crime and incident reports, incident logs, evidence logs/indexes, audio and video records, photographs, interviews, notes, correspondence, memoranda, supplemental reports, and any and all related records not specifically requested. … specifically request all reports and notes drafted by [a named individual] of the MSP’s Crime Scene Services Section …” Prior Appeals The requested records were the subject of prior appeals. See SPR22/2851 Determination of the Supervisor of Records (December 28, 2022) and SPR23/0121 Determination of the Supervisor of Records (February 3, 2023). In my February 3rd determination, I ordered the Department to clarify if it possesses records responsive to the request. On March 1, 2023, the Department responded. Unsatisfied with the Department’s response, Attorney Carey petitioned this Office and this appeal, SPR23/0420, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Attorney Carey. Accordingly, the Department is ordered to provide Attorney Carey with said response, in a manner consistent with the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic 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 SPR23/0420 Page 2 March 16, 2023 copy of this response to this office at pre@sec.state.ma.us. Attorney Carey may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Laura Carey, Esq.