Justice Ainooson v. Plymouth County District Attorney's Office (SPR 20240378)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 20, 2024 SPR24/0378; SPR24/0380 Karen A. Palumbo, Esq. Assistant District Attorney Plymouth County District Attorney’s Office 166 Main Street Brockton, MA 02301 Dear Attorney Palumbo: I have received the petitions of Justice Ainooson appealing the responses of the Plymouth County District Attorney’s Office (Office) to requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR24/0378 On December 18, 2023, Mr. Ainooson requested the following: [1.] ... the list of Assistant District Attorneys that resigned and/or transferred during the investigation(s) and/or results of [specified] emails, along with a list of the Assistant District Attorneys who were directly involved with the [specified] emails ... [2.] ... list of any and all District Attorney(s) and/or Assistant District Attorney(s) that worked on [a specified case] ... requesting for the list of DAs and ADAs that worked on the case in any capacity, such as (but not limited to), trial preparation, investigation, trial, appeal(s). [3.] ... a copy of the list of Assistant District Attorneys who resigned, transferred and/or were fired for the improper, use of informant(s) or witness(es) during the improper use of informant(s)/ witness(es) scandal along with [a list of specified years]. The Office responded on January 3, 2024, stating that it “does not have lists that comply with [his] requests,” and that “all communication and public record requests must be through [Mr. Ainooson’s] counsel.” 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

Karen A. Palumbo, Esq. SPR24/0378; SPR24/0380 Page 2 February 20, 2024 SPR24/0380 On December 28, 2023, Mr. Ainooson requested: [1.] A list of all of the Assistant District Attorneys and District Attorneys who were and are involved with [specified] emails from 2004 through 2018. This includes but is not limited to all ADAs and DAs who sent the mails, received the mails, was cc a copy of the e mails, discussed the e mails: (via emails, phone calls and documented discussions), who supported and/ or downplayed the emails, who opposed and/or spoke out against the emails. [2.] A list of all of the ADA’s and DA’s who were reprimanded, demoted, suspended, transferred, docked pay, etc. due to the [specified] emails. [3.] A list of any actions taken within the Plymouth County DA’s office ... such as (but not limited to) racial sensitivity training, policies. [4.] ... all emails within, from and to the Plymouth County and Bristol County District Attorneys offices pertaining to the matter of [specified cases]. These emails that are requested are for the dates of June 17, 2005 through December 2018. [5.] all of the funds and/or reimbursement of funds to pay bail; court fees; canteen or phone expenses during incarceration; transportation; probation and/or parole fees for [two named individuals, for a specified set of years.] The Office responded on January 3, 2024, stating that “ all communications including public record requests must be through [Mr. Ainooson’s] counsel.” Unsatisfied with the Office’s responses, Mr. Ainooson appealed, and these cases were opened as a result. Subsequent to the opening of these appeals, I learned that the Office provided supplemental responses by mail to Mr. Ainooson on January 30, and February 1, 2024. As these appeals were opened based on the Office’s previous responses, I will now consider these administrative appeals closed. If unresolved issues remain, Mr. Ainooson may further appeal the substantive nature of the Office’s January 30th and February 1st responses within ninety (90) days. See 950 C.M.R. 32.08(1). -- Sincerely, Manza Arthur Supervisor of Records cc: Justice Ainooson