Andrew Quemere v. Suffolk County District Attorney's Office (SPR 20232895)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 15, 2023 SPR23/2895 Andrew Doherty, Esq. Assistant District Attorney Deputy Chief Legal Counsel – Ethics and Compliance Suffolk County District Attorney’s Office One Bulfinch Place Boston, MA 02114 Dear Attorney Doherty: I have received the petition of Andrew Quemere appealing the response of the Suffolk County District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 25, 2023, Mr. Quemere requested the following records concerning a named defendant: 1. [The defendant’s] motion for a new trial 2. The report by ... an expert witness who testified on [the defendant’s] behalf in an evidentiary hearing 3. The Commonwealth’s response to [the defendant’s] motion for a new trial 4. All expert reports prepared on behalf of the Commonwealth in response to [the defendant’s] motion for a new trial 5. The judge’s decision ordering an evidentiary hearing 6. All transcripts from the evidentiary hearing 7. The judge’s decision on the motion for a new trial[.] Previous Appeals This request was the subject of previous appeals. See SPR23/1906 Determination of the Supervisor of Records (August 31, 2023) and SPR23/2636 Determination of the Supervisor of Records (November 16, 2023). In my November 16th determination, I ordered the Office to clarify its claims under Exemptions (a) and (c) for redacting the responsive records. Subsequently, the Office responded on November 30, 2023, providing responsive records in redacted form. 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

Andrew Doherty, Esq. SPR23/2895 Page 2 December 15, 2023 Subsequent to the opening of this appeal, based on an email from the Office to this office on December 15, 2023, I understand that the Office intends to provide a supplemental response to Mr. Quemere. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its Regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. Quemere may appeal the substantive nature of the Office’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Andrew Quemere