Christopher Bianchi v. Department of State Police (SPR 20251161)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 8, 2025 SPR25/1161 Allison Mondello Public Records Manager Massachusetts Department of State Police 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Christopher Bianchi appealing the response of the Department of State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 25, 2025, Mr. Bianchi requested “. . . all police reports, incident summaries, and investigative records held by the Massachusetts State Police in which I am named as a subject, involved party, or suspect. Please note that my name was legally changed from . . . to . . . on 11/07/2023; records under both names should be included.” Previous Appeal The requested records were the subject of a previous appeal. See SPR25/0715 Determination of the Supervisor of Records (March 25, 2025). In my March 25, 2024 determination, I directed the Department to provide Mr. Bianchi with a response to his request. The Department provided responses on April 7, 2025 and April 23, 2025. Unsatisfied with the Department’s responses, Mr. Bianchi petitioned this office and this appeal, SPR25/1161, was opened as a result. Subsequently, on April 29, 2025, the Department provided a supplemental response, which Mr. Bianchi appealed on April 29, 2025. Further, on May 7, 2025, the Department provided a supplemental response to Mr. Bianchi’s April 29, 2025 appeal. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or 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

Allison Mondello SPR25/1161 Page 2 May 8, 2025 municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. See G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. See G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s April 7th, April 23rd, April 29th, and May 7th Responses In its April 7, 2025 response, the Department stated that it was, “. . . actively reviewing records that may be responsive to your request. [The Department] expects to provide a response to your request by 4/22/2025.” In its April 23, 2025 response, the Department stated that it was, “. . . still actively reviewing records that may be responsive to your request. [The Department] expects to provide a response to your request by 5/7/2025.” In its April 29, 2025 response, the Department stated the following: With the information provided in the request, the Department conducted a diligent search and was able to locate the following responsive record which has been made available to you in My Records Center: [1] 2009-108-0284 [2] Administrative Journal extract; 2021-0H6-009115 After review, the [Department] has determined that, in part, the content of the record sought is exempt from public disclosure pursuant to M.G.L. c. 4, § 7(26). Please see redaction index appended to the responsive record you are being provided. In its May 7, 2025 response, the Department stated the following: After a diligent search of our records system, the Department has identified the following two additional responsive records: [1] Report of Investigation [2] Case Report 12-102-0142

Allison Mondello SPR25/1161 Page 3 May 8, 2025 According to our records, this case is open on appeal. A conviction becomes final once the rescript is issued by the Supreme Judicial Court and entered in the lower court. See Foxworth v. St. Amand, 457 Mass. 200, 206 n.11 (2010). Accordingly, the records sought fall within the ‘investigatory exemption’ to the public records law (G. L. c. 4, § 7 cl. 26(f)), and therefore this Office declines to release them at this time. General Laws c. 4, § 7 cl. 26(f) provides a basis to withhold documents where the “disclosure . . . would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest”. It is this Office’s position that production of the records related to this case before the conviction is final is not in the public interest, as it could jeopardize an active investigation and ongoing appellate litigation. Current Appeal In his April 28, 2025 appeal, Mr. Bianchi advised that he had not received any records from the Department. In response to the Department’s April 29, 2025 supplemental response, Mr. Bianchi stated the following: Unfortunately, the records provided by the [Department] in response to my request were inadequate. Specifically, the [Department] only released records pertaining to a single car accident, see attached records. My original request, as detailed in the attached documentation, was for all police reports, incident summaries, and investigative records held by the Massachusetts State Police in which I am named as a subject, involved party, or suspect-including records under both my current legal name . . . and my former name . . ., following my legal name change on November 7, 2023. I clarified the scope of my request and provided all requested identification documentation as instructed by the [Department]. Despite these clarifications and my compliance with all requests for additional information and identification, the [Department] response was limited solely to a car accident report. No other records or explanations regarding the absence or withholding of additional responsive records were provided. As required by the Massachusetts Public Records Law (M.G.L. c. 66, § 10), if any records are being withheld or determined to not exist, the agency must provide a detailed explanation, including citation of any applicable exemptions and the reasons for their application. I have not received such an explanation. I know for a fact that there are more records that should be included because I have a past criminal record from a situation with the Massachusetts State Police…

Allison Mondello SPR25/1161 Page 4 May 8, 2025 Further, it appears that Mr. Bianchi is not contesting the withholding to the records, Report of Investigation and Case Report 12-102-0142 under Exemption (f) of the Public Records Law. Based on Mr. Bianchi’s April 29, 2025 appeal and the Department’s responses, it is unclear if the Department possesses any additional records responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Custodians are expected to use their superior knowledge of the records in their custody to assist requests in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Department must clarify whether any additional responsive records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Bianchi with a response to the request, 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 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. Bianchi may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Christopher Bianchi