Altin Berxhiku v. Department of State Police (SPR 20251288)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 16, 2025 SPR25/1286; SPR25/1288 Allison Mondello Public Records Manager Massachusetts Department of State Police 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petitions of Altin Berxhiku appealing the nonresponse of the Department of State Police (Department) to multiple requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In two separate requests on April 23, 2025, Mr. Berxhiku sought the following: SPR25/1286: [1] All communications (emails, texts, internal memos, call logs, meeting notes) between [identified individuals][;] [2] Any records showing and why sealed case information was accessed, and under what legal authority you were granted access to said records. Please provide the justification or order permitting you to review a sealed, dismissed case[;] [3] All drafts, notes, or communications prepared in connection with the February 26, 2024 interview referenced in the report, including any recordings or transcripts[;] [4] All documents or metadata related to your analysis of the letters written by my son and wife, including any software or tools used to assess grammar, spelling, or authorship — and any qualifications you may hold in forensic linguistics[;] [5] All communications, email chains, memos, and transmission records showing how the February 28, 2024 interview report authored by [identified individuals] was sent, shared, or transmitted to [identified individuals][;] [6] All internal notes or justifications concerning the retention, filing, or public release of this sealed case material, and whether legal counsel reviewed or approved such dissemination[;] [7] The legal basis— if one exists— for reopening or investigating a sealed case, without a warrant, subpoena, or judicial order, and without notifying me of the right to counsel. 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 SPR25/1286; SPR25/1288 Page 2 May 16, 2025 SPR25/1288: [1] All communications related to the preparation, delivery, or discussion of Report 2024-110-217/1; [2] Identification of the person or agency who authorized its related to the Billerica Police Department; [3] Transmission details, including method, date, and format; [4] Any transmission logs, cover letters, or metadata; [5] Communications with the Billerica Police Department or the Middlesex District Attorney’s Office regarding this report; [6] Legal justifications or internal review records referencing sealed case law; [7] Any internal policy, SOP, or directive governing handling of sealed material. Claiming to not yet have received responsive records, Mr. Berxhiku petitioned this office and the following appeals, SPR25/1286 and SPR25/1288, were opened as a result. Subsequently, I learned that the Department intends on providing a response to Mr. Berxhiku. Accordingly, the Department is ordered to provide Mr. Berxhiku with said response in accordance with the Public Records Law, its Regulations and this order 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 Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Altin Berxhiku