Walsh, Patrick v. Barnstable Police Department (SPR 20260085)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2026 SPR26/0085 Danielle Paradis Records Access Officer Barnstable Police Department P. O. Box B; 367 Main Street Hyannis, MA 02601 Dear Ms. Paradis: I have received the petition of Patrick Walsh appealing the response of the Barnstable Police Department (Department) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On January 7, 2026, Mr. Walsh requested, “all body-worn camera (BWC) footage recorded by any and all Barnstable Police Department officers, and any assisting agents from the DEA Cape Cod Resident Office, present during the execution of a search warrant at a residence in Hyannis, Massachusetts, on the date of Friday, January 2, 2026.” The Department provided a response on January 8, 2026. Unsatisfied with the Department’s response, Mr. Walsh petitioned this office and this appeal, SPR26/0085, 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. 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. 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

Danielle Paradis SPR26/0085 Page 2 January 23, 2026 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 Deparment’s January 8th Response In its January 8, 2026 response, the Department cited Exemption (f) of the Public Records Law to withhold the requested records in their entirety. See G. L. c. 4, § 7(26)(f). Additionally, the Department stated, “[t]he records relate directly to the subject of onoing criminal litigation…” Current Appeal In his appeal, Mr. Walsh objected to the Department withholding responsive records under Exemption (f). In a January 16, 2026 email communication to this office, the Department confirmed that the requested records relate to ongoing criminal litigation. 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. This office has reviewed the trial court’s docket and verified that the criminal litigation relating to the records that are the subject of this request, is active and ongoing in Barnstable District Court. See Commonwealth v. Liam E. Bassett, Barnstable District Court, Docket No. 2625CR000011 (January 13, 2026). In light of the active litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Additionally, I decline to opine on the applicability of Exemption (f) of the Public Records Law to the requested records. It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Danielle Paradis SPR26/0085 Page 3 January 23, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Patrick Walsh