Andrew J. Gambaccini v. Berkshire District Attorney's Office (SPR 20230472)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 22, 2023 SPR23/0472 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 Andrew J. Gambaccini, Esq., of Reardon, Joyce & Akerson, P.C., appealing the nonresponse of the Berkshire 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 February 9, 2023, Attorney Gambaccini requested the following records: 1. any written policy, procedure, rule, regulation, directive or like document of whatever label detailing the position and processes by which the Office now makes determinations to place law enforcement officers on a so-called Brady list in the discharge of duties pursuant to Rule 3.8 of the Massachusetts Rules of Professional Conduct, Mass.R.Crim.P. 14 (a) (1) (A) (iii) or Brady v. Maryland, 373 U.S. 83 (1963) and its progeny; 2. any written policy, procedure, rule, regulation, directive or like document of whatever label by which the Office, during the tenure of [a named] District Attorney, established and/or maintained a Brady Review Board; 3. any written policy, procedure, rule, regulation, directive or like document of whatever label detailing the processes by which [a named] District Attorney’s Office made determinations to place law enforcement officers on a so-called Brady list; 4. any writing reflecting [a named] District Attorney’s alteration, revision, modification or rescission of the policies, procedures, rules, regulations or directives established by any predecessors in office relating to a so-called Brady list and the placement of officers on that list or the alteration of an officer's status on that list; 5. any material produced to the criminal defense bar or other individuals or entities by the Office concerning [a named person] and concerning his placement on a so-called Brady list; and, 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. SPR23/0472 Page 2 March 22, 2023 6. any material relied upon by the Office of Berkshire County District Attorney Timothy Shugrue in determining that there exist ‘ongoing concerns regarding the veracity of . . . [a named person]. . .’ Claiming to not yet have received a response, Attorney Gambaccini petitioned this office and this appeal, SPR23/0472, was opened as a result. Subsequently, I learned that a representative from the Office intends on providing a written response to Attorney Gambaccini. Accordingly, the Office is ordered to provide Attorney Gambaccini with a response in accordance with the Public Records Law, its Regulations and this order within ten 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. Attorney Gambaccini may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Andrew J. Gambaccini, Esq.