Emma Rindlisbacher v. Berkshire District Attorney's Office (SPR 20250376)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 20, 2025 SPR25/0375; SPR25/0376; SPR25/0377 Joseph A. Pieropan, Esq. Deputy District Attorney Berkshire District Attorney’s Office 7 North Street Pittsfield, MA 01201 Dear Attorney Pieropan: I have received the petitions of Emma Rindlisbacher appealing the nonresponse of the Berkshire 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). In three (3) separate requests on January 6, 2025, Ms. Rindlisbacher requested the following records: [1] Copies of (a) recordings/transcripts of ex parte conversations with judges that district attorneys may have had with judges regarding [an identified individual], (b) copies of ex parte written communications with judges that district attorneys may have had with judges regarding [an identified individual]. Please limit this request to documents between January 1, 2020 and the date the search is conducted[;] [2] Copies of (a) recordings/transcripts of ex parte conversations with judges that district attorneys may have had with judges regarding [an identified individual], (b) copies of ex parte written communications with judges that district attorneys may have had with judges regarding [an identified individual]. Please limit this request to documents between January 1, 2020 and the date the search is conducted[;] [3] Copies of all recordings of jail cells between [identified individuals]. Please limit this request to documents between January 1, 2018 and the date the search is conducted[.] Claiming to not yet have received responsive records, Ms. Rindlisbacher petitioned this office and the following appeals, SPR25/0375, SPR25/0376, and SPR25/0377, were opened as a result. 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

Joseph A. Pieropan, Esq. SPR25/0375; SPR25/0376; SPR25/0377 Page 2 February 20, 2025 Despite being notified of the opening of these appeals, it remains unclear whether the Office has provided a response(s). Accordingly, the Office is ordered to provide Ms. Rindlisbacher with a response(s) to her requests, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response(s) must be provided to this office. It is preferable to send an electronic copy of the response(s) to this office at pre@sec.state.ma.us. Ms. Rindlisbacher may appeal the substantive nature of the Office’s response(s) within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Emma Rindlisbacher