Laura H. Ortiz v. Bristol County District Attorney's Office (SPR 20250439)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 20, 2025 SPR25/0439 Monica Carreiro Records Access Officer Bristol County District Attorney’s Office 218 South Main Street Fall River, MA 02721 Dear Ms. Carreiro: I have received the petition of Laura H. Ortiz appealing the response of the Bristol County 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 January 2, 2025, Ms. Ortiz requested: 1. A copy of any emails to/from Bristol County District Attorney’s Office that discussed in any way the “Police Monkey Bar Incident May Be Misunderstanding” incident that was alleged to have occurred on Columbus Day October 9, 2023 at Kennedy Park in Fall River and with [identified individuals][;] 2. Copy of any record for the decision made by Bristol County District Attorney Office by its Assistant District Attorney or District Attorney to prosecute or not prosecute the “man” referenced in the complaint made to Fall River Police Department regarding the “Police: Monkey Bar Incident May Be Misunderstanding” incident that was alleged to have occurred on Columbus Day October 9, 2023 at Kennedy Park in Fall River. We’re not sure how to word this part of the request, or what records exist as it was our understanding that this might have been a BCDAO decision to not prosecute this “incident”[;] 3. Copy of any record that shows all the contents of whatever evidence or investigative records and total count were turned over to the Bristol County District Attorney Office and its Assistant District Attorney or District Attorney by the Fall River Police Department regarding the “Police: Monkey Bar Incident May Be Misunderstanding” incident that was alleged to have occurred on Columbus Day October 9, 2023 at Kennedy Park in Fall River. 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

Monica Carreiro SPR25/0439 Page 2 February 20, 2025 Previous Appeal This request was the subject of a previous appeal. See SPR25/0243 Determination of the Supervisor of Records (January 30, 2025). In my January 30th determination, I found that the Office had provided Ms. Ortiz with a response on January 28, 2025. The Office provided a supplemental response on February 10, 2025. Unsatisfied with the Office’s response, Ms. Ortiz petitioned this office and this appeal, SPR25/0439, was opened as a result. It is my understanding that the Office intends on providing a further response to Ms. Ortiz. Accordingly, the Office is ordered to provide Ms. Ortiz with said response, 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. Ms. Ortiz 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: Laura H. Ortiz