Donovan, Jonathan v. Massachusetts State Police (SPR 20260893)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 26, 2026 SPR26/0893 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 Jonathan Donovan 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 December 18, 2025, Mr. Donovan requested the following: [C]opies of the following public records related to Massachusetts Uniform Citation 893312AD: [1] All body-worn camera (BWC) footage – including original video files and any related audio – captured by [an identified] Massachusetts State Officer. . .on December 13, 2025, 10:40 p.m. through 11:45 p.m.[;] [2] The GPS log, vehicle location data, or electronic vehicle tracking records for the vehicle assigned to [an identified Massachusetts State Officer] for the same date and time range: December 13, 2025, 10:40 p.m. through 11:45 p.m. This includes raw GPS data, timestamps, and any associated metadata. The Department provided a response on March 12, 2026. Unsatisfied with the response, Mr. Donovan petitioned this office and this appeal, SPR26/0893, was opened as a result. Status of the Requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Donovan’s status will play no role in a 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 SPR26/0893 Page 2 March 26, 2026 determination as the whether the records should be disclosed or withheld under the Public Records Law. 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. 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 March 12th Response In its March 12, 2026 response, the Department withheld Body-Worn Camera Video under Exemption (f) of the Public Records Law and stated, “[t]he records you seek relate to an on-going and active criminal prosecution which is now pending in court.” See G. L. c. 4, § 7(26)(f). Current Appeal In his March 13, 2026 appeal to this office, Mr. Donovan objected to the Department withholding the police report under Exemption (f) and active litigation, stating, “…I respectfully request that the Supervisor of Records: 1. Order the Massachusetts State Police to conduct a proper segregability analysis; 2. Order the release of all non-exempt portions of the body-worn camera footage; 3. Require the Department to provide a specific, detailed justifications for any withheld segments; 4. Require the Department to provide the footage in electronic format.” In an email communication to this office on March 24, 2026, a representative for the Department stated, “[o]n March 16, 2026 I contacted [an identified Trooper] to confirm the status of the charges associated with citation 893312AD, which is the subject of this request. I was advised that the charges remain open and are currently pending before Wareham District Court, with the next scheduled court date set for March 31, 2026.”

Allison Mondello SPR26/0893 Page 3 March 26, 2026 In an email communication to this office on March 25, 2026, a representative for the Department stated, “I just spoke with [an identified Trooper] . . . and he indicated that the correct docket number is 2560AC001174 – he also verified this is with the Wareham DC. This is open in court and pending prosecution.” 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. In a communication between the Department and this office on March 25, 2026, the Department confirmed that criminal proceedings relating to the records at issue in Mr. Donovan’s request are currently pending before the Wareham District Court. See Commonwealth v. Jonathan Donovan (Wareham District Court No. 2560AC001174). In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). I further decline to opine of the applicability of Exemption (f) to the responsive 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). Sincerely, Manza Arthur Supervisor of Records cc: Jonathan Donovan