Andrew Quemere v. Essex District Attorney's Office (SPR 20233132)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 12, 2024 SPR23/3132 David F. O’Sullivan, Esq. Assistant District Attorney Essex County District Attorney’s Office 10 Federal Street Salem, MA 01970 Dear Attorney O’Sullivan: I have received the petition of Andrew Quemere appealing the nonresponse of the Essex 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 December 3, 2023, Mr. Quemere requested the following records: [1.] All appellate briefs (i.e. the defendant’s brief, the Commonwealth’s brief, and the reply) related to the interlocutory appeal, if such an appeal occurred, and all associated record appendices and other attachments[;] [2.] All appellate briefs related to the direct appeal and all associated record appendices and other attachments[;] [3.] All motions for a new trial; all associated memoranda of law; and all associated record appendices other attachments[;] [4.] All oppositions to the new-trial motions and all associated record appendices and other attachments[;] [5.] All replies to the oppositions and all associated record appendices and other attachments[;] [6.] All appellate briefs related to the new-trial motions and all associated record appendices and other attachments[.] Claiming to not yet have received responsive records, Mr. Quemere petitioned this office and this appeal, SPR23/3132, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Office has provided a response. Accordingly, the Office is ordered to provide Mr. Quemere with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided 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

David F. O’Sullivan, Esq. SPR23/3132 Page 2 January 12, 2024 to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Quemere may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Andrew Quemere