Erkan, Murat v. Essex County District Attorney's Office (SPR 20261505)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2026 SPR26/1505 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 Murat Erkan, Esq., of Erkan & Sullivan, P.C., 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 20, 2026, Attorney Erkan requested records “concerning grand jury practice in Essex Superior Court grand jury matters for the period March 20, 2021through March 20, 2026[.]” Specifically, Attorney Erkan sought the following: [1] Any policy, memorandum, training material, checklist, script, slide deck, supervisory directive, or written guidance concerning whether an assistant district attorney may remain in the grand jury room after the evidentiary presentation concludes, including during or immediately before voting, deliberation, or return of indictments[;] [2] Any email, memorandum, or other communication within the requested time period, referring to a practice, custom, or routine concerning assistant district attorney presence in the grand jury room after the evidentiary presentation concludes, including any communication stating that the prosecutor remains upon the request of grand jurors[;] [3] Any email, memorandum, or other communication within the requested time period, referring to a practice, custom, or routine concerning assistant district attorney presence in the grand jury room after the evidentiary presentation concludes, including any communication stating that the prosecutor remains upon the request of grand jurors[;] 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. SPR26/1505 Page 2 April 23, 2026 [4] Any transcript cover page, appearance page, certification page, stenographer log, transcript index, minute sheet, notation, or other administrative or metadata record associated with such presentments sufficient to identify the transcript pages containing that recorded colloquy, inclusive of date, time, session, assigned assistant district attorney, and any applicable non-docket based case identifier[;] [5] Any existing spreadsheet, database field, case-management entry, log, checklist, minutes index, transcript index, or similar record sufficient to identify matters in which office records reflect that after the evidentiary presentation concluded, any person called for a vote on whether [an identified individual] could remain, the recorded result of that vote, and any notation that the court reporter left the room. If such records exist, please include any available identifying fields, inclusive of date, time, session, assigned assistant district attorney, and any applicable non-docket based case identifier[;] [6] Any existing records sufficient to show, for the same period, the total number of matters presented by the Commonwealth to an Essex Superior Court grand jury, the number of matters in which office records reflect that an assistant district attorney remained or was requested to remain after the evidentiary presentation concluded, and the number of matters in which office records reflect that such a request was declined. If this information exists in a database, spreadsheet, log, case-management system, transcript index, or similar electronic record, please provide an export or extract of the existing fields[;] [7] Any complaint, motion-related internal review, preservation notice, supervisory inquiry, or communication concerning any allegation that an assistant district attorney remained in the grand jury room after the evidentiary presentation concluded[.] Claiming to not yet have received responsive records, Attorney Erkan petitioned this office and this appeal, SPR26/1505, 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 Attorney Erkan 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. Attorney Erkan may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

David F. O’Sullivan, Esq. SPR26/1505 Page 3 April 23, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Murat Erkan, Esq.