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|Submitted||April 21, 2015|
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To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
All MDT (Mobile Data Terminal) printouts between the 911 center and Cambridge Police Officers starting at 2100 04-18-2013 and going through 0100 04-21-13.
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.
Dear Mr. Musgrave:
This is in response to your Public Records Request to the Cambridge Police Department, dated April 21, 2015, requesting:
· All MDT (Mobile Data Terminal) printouts between the 911 center and Cambridge Police Officers starting at 2100 04-18-2013 and going through 0100 04-21-13.
The Cambridge Police Department declines to provide the requested materials. In denying your request for these materials, the Department cites M.G.L. c. 4, § 7(26)(f) – The Investigatory Exemption and the United States Constitution. The Department also reserves the right to assert additional exemptions if necessary.
Exemption (f) to the Public Records Law provides records custodians a basis for withholding:
“investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest.”
As noted in “A Guide to the Massachusetts Public Records Law,” this “exemption allows investigative officials to withhold materials that could compromise investigative efforts if disclosed. . . . Similarly, records custodians may withhold confidential investigative techniques indefinitely since their disclosure would prejudice future law enforcement efforts.”
There are currently active and on-going investigations relating to the incident you have requested records for. The disclosure of the requested materials and investigative techniques related to these investigations could prejudice the possibility of effective law enforcement such that disclosure would not be in the public interest. To that end, there is also a very real possibility that the release of these materials would compromise the on-going investigative efforts if disclosed. As such, the Cambridge Police Department is invoking the Investigatory Exemption to the Public Records Law with regards to the release of the requested records.
Second, due to on-going federal criminal prosecution(s), the United States Attorney’s Office has prohibited the Cambridge Police Department from disclosing anything about this case to the media or anyone not working on this case. This prohibition is designed to ensure that the defendant(s) receive a fair trial, as guaranteed by the United States Constitution.
You are hereby notified that you may seek redress within ninety (90) days through the administrative process provided by the Supervisor of Records, Office of the State Secretary, One Ashburton Place, Room 1719, Boston, MA 02108. See M.G.L. c. 66, § 10(b); 950 C.M.R. 32.08.
Director of Communications & Media Relations
Cambridge Police Department
125 Sixth Street
Cambridge, MA 02142
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