To Police Dept of Arlington, MA - Re Feb 2011 Arrest Report in Stabbing Incident

Susan A. filed this request with the Arlington Police Department of Arlington, MA.

It is a clone of this request.

Status
Completed

Communications

From: Susan A.

To Whom It May Concern at

Records - Police
Address:112 Mystic St.
Arlington, MA 02474
Phone:(781) 316-3932
Fax:(781) 316-3933

http://www.arlingtonma.gov/Home/Components/BusinessDirectory/BusinessDirectory/43/94?backlist=%2fdepartments%2fpolice%2frecords :

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Seeking a certified copy of the Feb 2011 police arrest report(s) of a suspect in the Jan 2011 stabbing incident in Arlington, MA described in this local newspaper article:

http://www.wickedlocal.com/x566169880/Arlington-police-arrest-suspect-in-Sons-of-Italy-stabbing

Arlington police arrest suspect in Sons of Italy stabbing

Police have taken an Arlington man into custody who is accused of stabbing a 30-year-old male near the Sons of Italy parking lot near Prentiss Road last week.

At noon today, Robert E. Assarian, 40, of 29 Homer Rd. was arrested and charged with one count of armed assault to murder and one count of assault and battery with a dangerous weapon....

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I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Susan Alyn

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 31, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Arlington Police Department

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 31, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Susan A.

Dear Captain Julian Flaherty, Arlington Police:

Thank you for your response to the public records request. Please note that I have dealt with many local, state and federal agencies, and made over 75 public record requests through MuckRock, and not one has had any difficulty reading the very legible, typed, fax sent by MuckRock requesting public records.

With respect to your rejection of my request -- I read the laws you cited, but it seems to me you can provide a copy of the public records I requested by redacting any information you feel should be exempt.

Specifically, I believe the law acknowledges a "segregable portion" of a public record may exist, and states:

SECTION 5. Section 10 of said chapter 66 is hereby amended by striking subsections (a) and (b) and inserting the following:--

“(a) Every person having custody of any public record, as defined in clause Twenty-sixth of section seven of chapter four, shall, at reasonable times and without unreasonable delay, permit it, or any segregable portion of a record which is an independent public record, including public record information which may be separately retrieved from an electronic record, to be inspected and examined by any person, under his supervision, and shall furnish one copy thereof upon payment of a reasonable fee not to exceed the actual cost of reproducing the record."

In the law you cite, the "data" you believe should be exempt from disclosure can be redacted from the rest of the public record.
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Twenty-sixth, "Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth...
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Consequently, please let me know the fee for a certified copy of the requested public records under your control, and provide the requested public records via US mail to MuckRock, redacting whatever portion you believe to be exempt from disclosure.

Thank you.

Susan Alyn

From: Susan A.

Your letter did not address this request for public records, which seeks the arrest report from the Arlington Police Department. This was my 3rd request for public records to you, which again, was omitted in your letter.

Please respond with a certified copy of the arrest report of the suspect named in the newspaper article. Thank you.

From: Susan A.

Still waiting for a certified copy of the Arrest Report on the suspect named in the below newspaper article. Your rejection letter on other related docs did not mention the Arrest Report.

According to MuckRock, and as posted online -- as of today, your response to this request for a public record is past due by 1 Month.

Original request:
https://www.muckrock.com/foi/arlington-450/to-police-dept-of-arlington-ma-re-feb-2011-arrest-report-in-stabbing-incident-20010/

Seeking a certified copy of the Feb 2011 police arrest report(s) of a suspect in the Jan 2011 stabbing incident in Arlington, MA described in this local newspaper article:

http://www.wickedlocal.com/x566169880/Arlington-police-arrest-suspect-in-Sons-of-Italy-stabbing

Arlington police arrest suspect in Sons of Italy stabbing

Police have taken an Arlington man into custody who is accused of stabbing a 30-year-old male near the Sons of Italy parking lot near Prentiss Road last week.

At noon today, Robert E. Assarian, 40, of 29 Homer Rd. was arrested and charged with one count of armed assault to murder and one count of assault and battery with a dangerous weapon....

From: Susan A.

Still waiting for a certified copy of the Arrest Report on the suspect named in the below newspaper article. Your rejection letter on other related docs did not mention the Arrest Report.

According to MuckRock, and as posted online -- as of today, your response to this request for a public record is past due by 1 Month.

Original request:
https://www.muckrock.com/foi/arlington-450/to-police-dept-of-arlington-ma-re-feb-2011-arrest-report-in-stabbing-incident-20010/

Seeking a certified copy of the Feb 2011 police arrest report(s) of a suspect in the Jan 2011 stabbing incident in Arlington, MA described in this local newspaper article:

http://www.wickedlocal.com/x566169880/Arlington-police-arrest-suspect-in-Sons-of-Italy-stabbing

Arlington police arrest suspect in Sons of Italy stabbing

Police have taken an Arlington man into custody who is accused of stabbing a 30-year-old male near the Sons of Italy parking lot near Prentiss Road last week.

At noon today, Robert E. Assarian, 40, of 29 Homer Rd. was arrested and charged with one count of armed assault to murder and one count of assault and battery with a dangerous weapon....

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 31, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: MuckRock

Still waiting for a certified copy of the Arrest Report on the suspect named in the below newspaper article. Your rejection letter on other related docs did not mention the Arrest Report.

According to MuckRock, and as posted online -- as of today, your response to this request for a public record is past due by 1 Month.

Original request:
https://www.muckrock.com/foi/arlington-450/to-police-dept-of-arlington-ma-re-feb-2011-arrest-report-in-stabbing-incident-20010/

Seeking a certified copy of the Feb 2011 police arrest report(s) of a suspect in the Jan 2011 stabbing incident in Arlington, MA described in this local newspaper article:

http://www.wickedlocal.com/x566169880/Arlington-police-arrest-suspect-in-Sons-of-Italy-stabbing

Arlington police arrest suspect in Sons of Italy stabbing

Police have taken an Arlington man into custody who is accused of stabbing a 30-year-old male near the Sons of Italy parking lot near Prentiss Road last week.

At noon today, Robert E. Assarian, 40, of 29 Homer Rd. was arrested and charged with one count of armed assault to murder and one count of assault and battery with a dangerous weapon....

From: Arlington Police Department

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: Susan A.

Thank you for your response. I will appeal.

From: Susan A.

Re: Appeal to the Supervisor of Public Records at the Public Records Division of the Secretary of the Commonwealth of MA

Dear Supervisor of Public Records at the Public Records Division of the Secretary of the Commonwealth of MA:

I am writing to appeal the Arlington Police Department's Oct 1st rejection of my recent public records requests concerning information about a stabbing incident that took place in Jan 2011 and was reported in the local newspaper.

Here is the original request, made via MuckRock News in Boston:

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Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Seeking a certified copy of the Feb 2011 police arrest report(s) of a suspect in the Jan 2011 stabbing incident in Arlington, MA described in this local newspaper article:

http://www.wickedlocal.com/x566169880/Arlington-police-arrest-suspect-in-Sons-of-Italy-stabbing

Arlington police arrest suspect in Sons of Italy stabbing

Police have taken an Arlington man into custody who is accused of stabbing a 30-year-old male near the Sons of Italy parking lot near Prentiss Road last week.

At noon today, Robert E. Assarian, 40, of 29 Homer Rd. was arrested and charged with one count of armed assault to murder and one count of assault and battery with a dangerous weapon....
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I believe this public records request should have be granted with the redaction of any information required to be exempt from disclosure.

Thank you.

Susan Alyn

From: Arlington Police Department

A cover letter granting the request and outlining any exempted materials, if any.

From: Arlington Police Department

A copy of documents responsive to the request.

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