Melissa A. Celli, Esq. v. Department of State Police (SPR 20242918)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 29, 2024 SPR24/2918 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: On October 24, 2024, this office received the petition of Alexandra Orn, on behalf of the Department of State Police (Department), seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Department furnished a copy of the petition to the requestor, Melissa Celli, Esq. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 15, 2024, Attorney Celli requested: [1] Any and all correspondence between any member of the Massachusetts State Police and the Suffolk County District Attorney’s Office and/or the Sprint Corporation regarding obtaining cell service location information from Sprint for [two specified] phone numbers for the time period surrounding the offense at issue (December 10, 2015)[;] [2] All cell phone records obtained during the investigation of the offense at issue[;] [3] A list of all witnesses and/or suspects interviewed by the Massachusetts State Police or by any other law enforcement agency in the presence of a member of the Massachusetts State Police in connection with the investigation of the homicides at issue [;] [4] Any and all notes (handwritten and/or typed notes) and/or reports made by any member of the Massachusetts State Police of any interview of any witness and/or suspect relevant to the investigation of the homicides at issue[;] 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 SPR24/2918 Page 2 October 29, 2024 [5] Any and all documentation, including but not limited to correspondence, memoranda, or notes discussing the decision to decline to prosecute [an identified individual] in connection with the homicides at issue[;] [6] Any and all documentation, including but not limited to emails, internal memoranda, police reports, or notes (including handwritten notes) regarding the use of [an identified individual] as an informant after the arrest that resulted in the prosecution of [an identified individual] in [a specified] Middlesex Superior Court Docket…[;] [7] Any and all documentation, including but not limited to emails, internal memoranda, police reports, or notes (including handwritten notes) regarding the termination of the use of [an identified individual] as an informant after the arrest that resulted in the prosecution of [a specified] Middlesex Superior Court Docket …[;] [8] Any and all notes (handwritten and/or typed) of interviews of witnesses to the crime at issue in Middlesex Superior Court Docket …[;] [9] Any and all police reports drafted as a part of the investigation of the crime at issue in Middlesex Superior Court Docket...[;] [10] All internal affairs complaints against [12 identified individuals]. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c).

Allison Mondello SPR24/2918 Page 3 October 29, 2024 If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition, the Department requests “an additional 20 days to respond to this requestor” and provides the following information in support of its request: Due to the scope of this request, high volume of potentially responsive records, and the time required to gather all potentially responsive records, we are seeking an additional 20 days to respond to this requestor. In light of the need to collect, segregate and examine the records, as well as the capacity of the Department to produce the records without an extension, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Department is granted an extension of 20 business days. Conclusion As described above, I find that the Department has established good cause for a time extension of 20 business days. Please note, Attorney Celli has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Melissa Celli, Esq.