Brandon Stokes v. Massachusetts State Police (SPR 20252382)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 27, 2025 SPR25/2382 Allison Mondello Records Access Officer Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Brandon Stokes, of 7 News WHDH Boston, 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 July 7, 2025, Mr. Stokes requested “MSP bodycam video and dashcam video related to the shooting of an off‐duty North Andover Police officer by an on‐duty North Andover Police officer on Monday 6/30/25.” The Department responded on July 11, 2025, and assigned reference number P006962- 070725 to the request. Unsatisfied with the Department’s response, Mr. Stokes petitioned this office, and this appeal, SPR25/2382, was opened as a result. 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 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. 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. 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 SPR25/2382 Page 2 August 27, 2025 If there are any fees associated with a response, a written good faith estimate must be provided. 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 July 11th Response In its July 11, 2025 response, the Department states that it is withholding “body worn camera video recordings” pursuant to Exemption (f) of the Public Records Law. See G. L. c. 4, § 7(26)(f). The Department further explains that “the records . . . relate to an on-going and active criminal prosecution which is now pending in the Lawrence District Court.” Pending 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. This office has reviewed the trial court’s docket and verified that criminal litigation, relating to the records that are the subject of Mr. Stokes’ request, is active and ongoing in the Lawrence District Court. See Commonwealth v. Kelsey Fitzsimmons, (Lawrence District Court Docket No. 2518-CR-002369) (August 15, 2025). In light of the pending matter, I decline to opine on this matter 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: Brandon Stokes