Altin Berxhiku v. Billerica, Town of - Police Department (SPR 20251127)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 7, 2025 SPR25/1127 Sergeant Andrew J. Devito Records Access Officer Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: I have received the petition of Altin Berxhiku appealing the response of the Billerica Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Between March 13, 2025 and March 18, 2025, Mr. Berxhiku made 10 separate requests: Request 1: [1] Any correspondence between [an identified individual] of the Billerica Police Department and the Office of the Middlesex District Attorney concerning my UNLAWFUL detainment and legal representation. [2] Any records documenting the denial of my request for legal counsel while in custody, including any policies or procedures regarding detainee access to legal representation. [3] Any documentation related to the decision-making process that led to the restriction of my right to counsel and consular notification access. Request 2: [1] Records detailing the hiring of KP Law, including contracts, agreements, or correspondence related to their retention by the Billerica Police Department. [2] The total amount of taxpayer funds paid to KP Law for their services, including invoices, payment records, or financial documents reflecting such payments. [3] Records indicating who authorized the hiring of KP Law, including any emails, memos, or meeting minutes discussing or approving this decision. [4] Any documents, reports, or communications produced by KP Law in relation to their work for the Billerica Police Department. 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

Sergeant Andrew J. Devito SPR25/1127 Page 2 May 7, 2025 Request 3: [1] Any and all records, communications, or documents pertaining to the alleged internal investigation that you have conducted, including any materials related to the acquisition and review of Ring Camera footage from the neighbor across the street. [2] Any records that provide authorization, legal justification, or documentation showing that this footage was obtained and reviewed by your office, including but not limited to court orders, legal advisories, or applicable Massachusetts General Laws that would allow such access to private footage without the consent of the individuals involved. [3] Any communications or records detailing your office’s notification to the POST Commission regarding this incident, including the specific date you notified the commission. Should there be any costs associated with processing this request, please provide an estimate before proceeding. Request 4: I am submitting this formal request under the Massachusetts Public Records Law to obtain documentation related to the response I received on 12/15/2023, from the Town of Billerica regarding my request for personnel files of nine (9) Billerica Police Department employees…. I respectfully request that [an identified individual] either provide a statement under oath confirming his authorship of this letter, or clarify the true origin of this document. Additionally, I would like to request all communications between [two identified individuals] and KP Law PC regarding this matter, to further clarify the chain of events leading to the submission of this response. Request 5: I am requesting copies of all records, including but not limited to emails, text messages, reports, and any other written or electronic communications, related to the events of July 23, 2023, involving [two identified individuals]. Specifically, I request: [1] Any warrants, authorizations, or documentation permitting entry into my residence on July 23, 2023. [2] All communications between [two identified individuals] and former [identified individual] concerning this incident. Request 6: I am writing to request a formal written statement from you regarding the police report you filed on 06/12/2022, concerning the incidents I reported….

Sergeant Andrew J. Devito SPR25/1127 Page 3 May 7, 2025 Additionally, please confirm whether you were directed or advised by any of these individuals to modify the report in any way, and if so, please provide the details of such instructions or advice…. Request 7: [1] Any and all communications between your office and [an identified individual] regarding the incident of July 24, 2023, including but not limited to emails, text messages, phone call logs, and internal memos. As a reminder this individual filed a false police report against me on 7/24/23. [2] Any reports, notes, or documentation from the Billerica Police Department regarding the July 24, 2023 incident involving [an identified individual], particularly any communications between the Middlesex DA office and the police regarding the case. [3] Any communications between the Middlesex DA office and the Billerica Police Department concerning me or my family from July 2023 to the present. [4] Any documentation or records related to the alleged Ring camera footage referenced in an investigation conducted by the Billerica Police Chief, including: The source of the footage. Any written requests or warrants obtained for viewing the footage. The names and titles of individuals from your office who accessed or reviewed the footage. Documentation regarding how the Billerica Police Department obtained this Ring camera footage from [an identified individual] on March 24, 2024, following my complaint of illegal harassment and the threatening letter I received from [an identified individual]. [5] Any directives, guidance, or communications from your office to third parties, including private individuals, related to surveillance, monitoring, or other activities involving me or my family. [6] Records showing whether [an identified individual] is acting as an informant, paid associate, or in any official capacity for the Billerica Police Department. If she is not, provide documentation explaining the legal basis for obtaining and using her Ring camera footage. [7] Any records or communications indicating that the Middlesex DA office has advised the Billerica Police Department on how to handle false reports filed against me and my family. Request 8: [1] All emails, text messages, and written correspondence between your office and the Middlesex DA from 7/23/23-10/06/23 regarding my case, including but not limited to discussions about the charges brought against me, decisions to prosecute or dismiss, and any internal assessments of the case. [2] All internal memoranda, case notes, and directives regarding the handling of my case, including any guidance issued by your office concerning interactions with witnesses, recommendations for arrest, or strategic considerations for prosecution.

Sergeant Andrew J. Devito SPR25/1127 Page 4 May 7, 2025 [3] All phone logs and call recordings documenting communication between members of your office and the Middlesex DA concerning my case. [4] Records pertaining to witness tampering allegations, including any emails, phone records, or case notes regarding attempts to pressure my wife into testifying against me, as well as any documented efforts by members [of] law enforcement to coerce or intimidate witnesses. [5] Records of police reports or complaints filed against me, including but not limited to: Documentation related to allegations that unverified or false police reports were filed at the encouragement of your office. Any communications discussing the credibility of individuals who filed reports against me, 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 investigative reports addressing claims of racial bias, selective enforcement, or violations of due process in my case. [7] Any correspondence or directives regarding the failure to notify my country of origin about my detention, in potential violation of international and U.S. legal obligations…. Request 9: [1] Any and all records, communications, or documents pertaining to the alleged internal investigation that you have conducted, including any materials related to the acquisition and review of Ring Camera footage from the neighbor across the street. [2] Any records that provide authorization, legal justification, or documentation showing that this footage was obtained and reviewed by your office, including but not limited to court orders, legal advisories, or applicable Massachusetts General Laws that would allow such access to private footage without the consent of the individuals involved. [3] Any communications or records detailing your office’s notification to the POST Commission regarding this incident, including the specific date you notified the commission. Request 10: I am writing to request a formal written statement from you regarding the police report you filed on 06/16/2022, concerning the incidents I reported…. In particular, I would like you to provide a written statement that confirms or denies whether the report was purposefully altered after your initial submission…. Additionally, please confirm whether you were directed or advised by any of these individuals to modify the report in any way, and if so, please provide the details of such instructions or advice….

Sergeant Andrew J. Devito SPR25/1127 Page 5 May 7, 2025 Previous Petition These requests were the subject of a previous petition. See SPR25/0758 Determination of the Supervisor of Records (March 24, 2025). In my March 24th determination, I found that the Department had established good cause for a time extension of 25 business days. The Department provided a response on April 23, 2025, including a fee estimate. Unsatisfied with the response, Mr. Berxhiku petitioned this office and this appeal, SPR25/1127, was opened as a result. The Department’s April 23rd Response In its April 23, 2025 response, the Department provided some responsive records with redactions, and a fee estimate of $750. Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. Subsequent to the opening of this appeal, on May 7, 2025, Mr. Berxhiku advised this office that he filed litigation in United States District Court relating to these records requests. This office has reviewed the trial court’s docket and verified that the civil litigation, relating to the records that are the subject of Mr. Berxhiku’s requests, is active and ongoing in the United States District Court. See Berxhiku v. Frost et al, (United States District Court for the District of Massachusetts Docket No. 1:25-cv-11242 (May 06, 2025)). In light of the pending matter, I decline to opine on these matters at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Altin Berxhiku