Todd Wallack v. Middlesex District Attorney's Office (SPR 20243269)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 17, 2024 SPR24/3269 Daniel M. DeBlander, Esq. Assistant District Attorney Middlesex District Attorney’s Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Attorney DeBlander: I have received the petition of Todd Wallack, of WBUR, appealing the response of the Middlesex District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 22, 2024, Mr. Wallack requested “[a]ny accusations of sexual assault or rape allegedly committed by [an identified individual] in the agency’s records, excluding reports of a rape in Acton on June 18, 2013.” Previous Appeal This request was the subject of a previous appeal. See SPR24/3000 Determination of the Supervisor of Records (November 19, 2024). In my November 19th determination, I ordered the Office to clarify how the responsive records could be withheld under G. L. c. 41, § 97D, G. L. c. 265, § 24C, as they operate through Exemption (a) of the Public Records Law. See G. L. c. 4, § 7(26)(a). Subsequently, the Office responded on December 4, 2024. Unsatisfied with the Office’s response, Mr. Wallack petitioned this office, and this appeal, SPR24/3269, was opened as a result. Subsequent to the opening of this appeal, I learned that the Office intends to provide a supplemental response to Mr. Wallack. Conclusion Accordingly, said response must be provided in a manner consistent with 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. If issues remain unresolved, Mr. Wallack may appeal the substantive nature of the Office’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). 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

Daniel M. DeBlander, Esq. SPR24/3269 Page 2 December 17, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Todd Wallack