Ismael Alvarez v. Lawrence Police Department (SPR 20231116)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 9, 2023 SPR23/1116 Officer Mark Panagiotakos Keeper of the Records/Records Access Officer Lawrence Police Department 90 Lowell Street Lawrence, MA 01840 Dear Officer Panagiotakos: I have received the petition of Ismael Alvarez appealing the response of the Lawrence Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 24, 2023, Mr. Alvarez requested “[t]he [p]olice [r]eport associated with the [Department], CAD Incident Report #23017932/Incident Report #2300-3227 from April 24, 2023. This document is necessary for the legal preparation of a Magistrate Hearing for Docket Number 2318AC001680-SU on 06/14/2023 at 3:30 PM.” On May 26, 2023, the Department denied the request for the responsive record, due to an open case in the Lawrence District Court pursuant to Exemption (f). As a result of the denial, Mr. Alvarez petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Subsequent to the opening of this appeal, on May 30th, the Department provided a supplemental response. The Department indicates: [a] criminal complaint for the charge of Assault and Battery against [an identified person] has been submitted to the Lawrence District Court and is scheduled for a Clerk [M]agistrates Hearing on 06/14/2023, Docket # 2318CR001680-SU. Due to the fact that the case is in the early stages within Lawrence District Court, the [Department] stands by its decision not to release the record in accordance with [Exemption (f)], protecting the record from release as materials pertaining to on- going investigations and/or prosecutions as well as protecting any witnesses involved in the this case. Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: 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

Officer Mark Panagiotakos SPR23/1116 Page 2 June 9, 2023 The Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: The public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. Subsequent to the opening of this appeal, on May 30, 2023, the Department informed this office that a criminal complaint was filed in Lawrence District Court, and that the matter is scheduled for a Magistrate’s Hearing on June 14, 2023, Criminal Docket No. # 2181CV01458. In light of the pending litigation, I decline to opine on this matter at this time. I further decline to opine on the Department’s Exemption (f) claim to withhold the responsive records from disclosure. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this criminal prosecution could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Ismael Alvarez