Robert LeBlanc v. Boston Police Department (SPR 20243023)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 15, 2024 SPR24/3023 Shawn A. Williams, Esq. Director of Public Records Boston Police Department One Schroeder Plaza Boston, MA 02120 Dear Attorney Williams: I have received the petition of Robert LeBlanc appealing the response of the Boston Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 15, 2024, Mr. LeBlanc requested “copies of any and all public records in their possession concerning the murder investigation of [an identified person] in East Boston, Massachusetts on November 6, 1975, and the subsequent arrest and prosecution of [an identified person] in this matter.” The Department responded on October 25, 2024. Unsatisfied with the response, Mr. LeBlanc petitioned this office and this appeal, SPR24/3023, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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

Shawn A. Williams, Esq. SPR24/3023 Page 2 November 15, 2024 The Department’s October 25th response In its October 25, 2024 response, the Department stated that, “our office will be closing out this request. Our office believes you will be better served requesting these records directly through the courts via a discovery motion as is afforded to you under Massachusetts Rules of Criminal Procedure for Discovery. Mass.R.Crim.P. 14.” The Department additionally indicated that, “if the ability to obtain records via a discovery motion/court order, you may consider reaching out to the Suffolk County District Attorney’s Office (SCDAO) with a records request for the above records… If you are unable to reach out to the SCDAO, you could also submit a records request with the Massachusetts court that your case was handled in.” Current appeal In his appeal, Mr. LeBlanc stated, “I appeal to you the Boston Police Department’s non- compliance with my public records request.” Based on Mr. LeBlanc’s claims, in conjunction with the Department’s response, it is unclear if the Department possesses any records responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Department must clarify whether it possesses responsive records. Conclusion Accordingly, the Department is ordered to provide Mr. LeBlanc with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. LeBlanc 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: Robert LeBlanc