Chilian memos and correspondence re: Dookhan

Shawn Musgrave filed this request with the Department of Public Health of Massachusetts.
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From: Shawn Musgrave

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 memoranda and other documentation summarizing findings by Steven Chilian, Deputy General Counsel, Department of Public Health in the course of his investigation into the Hinton Lab and Annie Dookhan.

-The documentation tasking Chilian with this investigation as well as documentation regarding the scope of his investigation.

-All email correspondence between Chilian and the following individuals: John Auerbach; Linda Han; Julie Nassif; Charles Salemi; Annie Dookhan; Shirley Sprague; Gloria Phillips; Elisabeth O’Brien.

Such memoranda and correspondence are noted in the Massachusetts Office of the Inspector General's report from March 2014 (available online here:, including:

-Memorandum from Steven Chilian, Deputy General Counsel, Department of Public Health to John Auerbach, Commissioner, Department of Public Health (Feb. 29, 2012). [See footnote 132]

-"Chilian memorialized his conversation with Nassif in a Memorandum for Record dated January 27, 2012. Chilian reported the existence of this additional breach to his supervisors, which included DPH General Counsel Donna Levin. [See p. 76]

-"On February 2, 2012, Chilian shared a draft copy of his investigative report with Nassif, Levin and DPH First Deputy General Counsel Susan Stein. The report focused entirely on the June Breach. Chilian, however, made clear that there was an ongoing investigation into the May Breach that he would address in a separate report." [See p.76]

-[A]t some point after February 2, 2012, there was a meeting at DPH headquarters where DPH Commissioner John Auerbach,
Levin, Stein, Valdes Lupi and Chilian met to discuss the investigation into the June Breach. Walking into that meeting, Chilian believed that DPH should and would investigate the May Breach. Upon exiting that meeting, Chilian understood that DPH would not be investigating the May Breach." [see p.76-77]

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.

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 there are fees, 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 business days, as the statute requires.


Shawn Musgrave

From: Department of Public Health

Hi Shawn,

Sorry for the delay in responding to you. Do you have anytime tomorrow to talk about your public record requests and how we can best provide you with the documentation you're seeking? Please let me know at your earliest convenience if you have any availability and I will try to accomodate. Thanks, Jay

John "Jay" Pina III
Deputy General Counsel
Department of Public Health
Commonwealth of Massachusetts
250 Washington Street
Boston, MA 02108
phone: (617) 624-5251
fax: (617) 624-5234

From: Shawn Musgrave

Hi Jay -

Thanks for the quick chat. I'll look forward to the first batch of docs!


From: Department of Public Health

A copy of documents responsive to the request.

From: Department of Public Health

Mr. Musgrave,

Attached is the Massachusetts Department of Public Health’s response your publics records request: CO-2017-450.

Due to the size of the responsive documents, a thumb drive has been sent to you via US Mail, that was placed in the mail on Monday, March 26, 2018.

Thank you!

Emily Sullivan
Paralegal Specialist
Office of the General Counsel
Massachusetts Department of Public Health
250 Washington Street
Boston, MA 02108
Office: 617-624-5258
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