Brian E. Barreira v. Norfolk County District Attorney's Office (SPR 20240783)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 27, 2024 SPR24/0783 Brandon P. Hunt, Esq. Assistant District Attorney Records Access Officer Norfolk District Attorney’s Office 45 Shawmut Road Canton, MA 02021 Dear Attorney Hunt: I have received the petition of Brian E. Barreira, Esq. appealing the response of the Norfolk County District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On January 24, 2024, Attorney Barreira requested the following: Attached and incorporated herein is part of a previous response to a public record request made by someone else. It certainly appears that [an identified individual] is very cooperative with members of the media, even perhaps to the extent of releasing information to them that was not part of the publicly-available record in a criminal case. I make the following requests: [1.] See the 17th page, where on August 25, 2023 . . . emails . . . a link to the DA’s arguably unethical video statement and a transcript of it, along with a suggestion that the video be downloaded. Numerous email addresses are redacted in that email, and I request an un-redacted copy of it, and any email responses to it. For purposes of this request, please limit the response time to the period August 23, 2023 through and including September 15, 2023; and [2.] See the 21st page, where on the same day, August 25, 2023 . . . emails . . . that he has “sent” the same video link “to a broad swath of outlets,” and any subsequent email communications back and forth with such recipients regarding the video and transcript; if the term “broad swath of outlets” seems undefined, I request all emails wherein he provides a link to that video statement, and all back- and-forth emails regarding it with the recipients. For purposes of this request, please limit the response time to the period of August 23, 2023 through and 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

Brandon P. Hunt, Esq. SPR24/0783 Page 2 March 27, 2024 including September 15, 2023. Prior Appeal The requested records were the subject of a prior appeal. See SPR24/0576 Determination of the Supervisor of Records (March 3, 2024). In my March 3rd determination, I learned that the Office intended to provide a further response. The Office responded on March 11, 2024. Unsatisfied with the Office’s response, Attorney Barreira petitioned this office and this appeal, SPR24/0783, was opened as a result. It is my understanding that the Office intends on providing a further response to Attorney Barreira. Accordingly, the Office is ordered to provide Attorney Barreira with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Attorney Barreira may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Brian E. Barreira, Esq.