Justice Ainooson v. Department of State Police (SPR 20240371)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 8, 2024 SPR24/0371; SPR24/0373 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petitions of Justice Ainooson appealing the nonresponse of the Massachusetts Department of State Police (Department) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 18, 2023 and December 28, 2023, respectively, Mr. Ainooson requested the following records: SPR24/0371 ... any and all information pertaining to the transfer of [an identified individual] out of the ballistic expert position. Which trial(s); transcript(s) were reviewed that required his transfer and any and all documentation pertaining to his transfer, reason(s) for transfer, the history of his improper identification of tool mark and or striation identification(s). SPR24/0373 [1.] The Court case(s) that [an identified individual] testified in that resulted in his demotion; [2.] The report(s) and/or investigative reports that led to: (i) the State Police personnel order transfers dated September 30, 2008, (ii) the Firearms Identification Section Lakeville report; (iii) the report(s) and/or investigative report(s) that led to [an identified individual’s] October 21, 2008 email to [an identified email address] subject of the email being “Remediation – Firearms Criterion 1.4.2.17 and 2.6.2, pertaining to [an identified individual’s] transfer; [3.] Any and all case numbers that [an identified individual] was a ballistics expert on and made improper and/or incorrect findings; [4.] The amount of cases that ballistics expert . . . worked on and made improper 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 SPR24/0371; SPR24/0373 Page 2 February 8, 2024 and/or incorrect findings. Claiming to not yet have received responsive records, Mr. Ainooson petitioned this office and these appeals, SPR24/0371 and SPR24/0373, were opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. Ainooson with a response to his requests, 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 to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Ainooson may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Justice Ainooson