Altin Berxhiku v. Middlesex District Attorney's Office (SPR 20251088)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 30, 2025 SPR25/1088 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 Altin Berxhiku 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 March 17, 2025, Mr. Berxhiku requested the following records between July 23, 2023 and October 6, 2023: [1] All emails, text messages, and written correspondence between your office and the Billerica Police Department [Department] from 7/23/23-10/06/23 regarding [identified individual’s] case, including but not limited to discussions about the charges brought against [identified individual], decisions to prosecute or dismiss, and any internal assessments of the case. [2] All internal memoranda, case notes, and directives regarding the handling of [identified individual’s] case, including any guidance issued by your office concerning interactions with witnesses, recommendations for arrest, or strategic considerations for prosecution. [3] All phone logs and call recordings documenting communication between members of your office and the [Department] concerning [identified individual’s] case. [4] Records pertaining to witness tampering allegations, including any emails, phone records, or case notes regarding attempts to pressure [identified individual] into testifying against [identified individual], as well as any documented efforts by members of your office or law enforcement to coerce or intimidate witnesses. [5] Records of police reports or complaints filed against [identified individual], 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. SPR25/1088 Page 2 April 30, 2025 including but not limited to: [a] Documentation related to allegations that unverified or false police reports were filed at the encouragement of your office. [b] Any communications discussing the credibility of individuals who filed reports against [identified individual], particularly concerning the alleged involvement of “uneducated laborers” or bus drivers. [6] Records related to potential civil rights violations, including any internal communications, legal analyses, or investigate reports addressing claims of racial bias, selective enforcement, or violations of due process in [identified individual’s] case. [7] Any correspondence or directives regarding the failure to notify [identified individual’s] country of origin about [identified individual’s] detention[.] Previous Appeal This request was the subject of a previous appeal. See SPR25/0879 Determination of the Supervisor of Records (April 4, 2025). In my April 4th determination, I ordered the Office to provide Mr. Berxhiku with a response. The Office provided a response on April 18, 2025. Unsatisfied with the Office’s response, Mr. Berxhiku petitioned this office and this appeal, SPR25/1088, was opened as a result. It is my understanding that the Office intends on providing a further response to Mr. Berxhiku. Accordingly, the Office is ordered to provide Mr. Berxhiku 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. Mr. Berxhiku 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: Altin Berxhiku