Suero, Wilson v. Essex District Attorney's Office (SPR 20261223)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 7, 2026 SPR26/1223 David F. O’Sullivan, Esq. Assistant District Attorney Essex County District Attorney’s Office 10 Federal Street Salem, MA 01970 Dear Attorney O’Sullivan: I have received the petition of Wilson Suero appealing the nonresponse of the Essex County District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 5, 2026, Mr. Suero requested the following: [1] Any and all documents, lists, databases, memoranda, or correspondence in which [an identified case number] was identified, classified, or discussed as an [identified individual] case, a case affected by the Hinton State Laboratory scandal, or a case subject to dismissal on the basis of forensic misconduct[;] [2] The Essex County District Attorney’s formal submission to the Superior Court or Supreme Judicial Court of [identified individual]-affected cases, to the extent it includes or references [an identified case number][;] [3] Any Motion to Dismiss, dismissal recommendation, nolle prosequi, or similar prosecutorial action taken by the Essex County District Attorney’s Office with respect to [an identified case number], together with the stated grounds therefor[e] [;] [4] Any [two identified individuals] disclosure letters or notices sent or required to have been sent to defense counsel in [an identified case number] concerning [an identified individual] misconduct, criminal charges, or conviction[;] [5] Any internal communications, prosecutorial memoranda, or policy directives from the Essex County District Attorney’s Office concerning how to handle cases in which [an identified individual] served as the certifying analyst, to the extent 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

David F. O’Sullivan, Esq. SPR26/1223 Page 2 April 7, 2026 such communications relate to cases filed in Lawrence District Court on January 2, 2008[;] [6] The original drug laboratory certificate or drug analysis report submitted by the prosecution in [an identified case number], together with the chain of custody documentation associated therewith[.] Claiming to not yet have received responsive records, Mr. Suero petitioned this office and this appeal, SPR26/1223 was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Office has provided a response. Accordingly, the Office is ordered to provide Mr. Suero with a response to his 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. Suero may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Wilson Suero