Altin Berxhiku v. Middlesex District Attorney's Office (SPR 20251129)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 25, 2025 SPR25/1129 Meagan Horn, Esq. Assistant District Attorney Middlesex District Attorney's Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Attorney Horn: I have received the petition of Altin Berxhiku appealing the nonresponse 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 April 8, 2025, Mr. Berxhiku requested the following: [1] All written or electronic communications (including emails, memos, texts, and internal notes) exchanged between [an identified individual], and members of the Billerica Police Department — including but not limited to [an identified individual] and [an identified individual] — from January 1, 2023 through the present, in which [an identified individual] or any matters involving [an identified individual] are discussed. [2] The full contents of the email sent to you by [an identified individual] dated July 27, 2023, including any attachments or follow-up messages, wherein he references what “happened to [an identified individual]” on or about July 24, 2023 — during a time when [an identified individual] had an active criminal case pending in court. Please also include your full reply, which reportedly contained the phrase “I remember.” [3] Any requests made verbally or in writing by [an identified individual] or others in his department to your office that involve directing action toward [an identified individual], influencing your prosecutorial decision-making, or otherwise suggesting you “take care of” [an identified individual] while [an identified individual]’s case was pending. [4] Any internal notes, summaries, or communications generated within your office related to your role in that dismissed case, including any decisions, reviews, or analysis pertaining to prosecutorial strategy. [5] All records and correspondence relating to the July 24, 2023 911 call made by [an identified individual], including any internal determinations about whether the 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

Meagan Horn, Esq. SPR25/1129 Page 2 April 25, 2025 call contained false, misleading, or malicious content — and any documentation of your decision not to prosecute, including related memos, assessments, or legal analysis. [6] All communications and internal records concerning any complaints, investigations, or history associated with [an identified individual] as it relates to her conduct toward [identified individuals] [7] Any communications authored by you or received by your office responding to [an identified individual’s] emails dated April 1–3, 2024, and any commentary shared internally or with outside law enforcement regarding [an identified individual’s] inquiries. Claiming to not yet have received responsive records, Mr. Berxhiku petitioned this office and this appeal, SPR25/1129, was opened as a result. Subsequently, I learned that the Office provided Mr. Berxhiku with a response on April 24, 2025. Where this appeal was opened as a result of the Office’s lack of a written response, I will now consider this administrative appeal closed. It is my understanding that Mr. Berxhiku has appealed the Office’s April 24th response resulting in a new appeal which is currently opened as SPR25/1143. Sincerely, Manza Arthur Supervisor of Records cc: Altin Berxhiku