Nicholas Holden recordings

Andrew Quemere filed this request with the Massachusetts State Police of Massachusetts.
Tracking # 17550, SPR17/739
Due March 24, 2017
Est. Completion None
Status
Awaiting Response

Communications

From: Andrew Quemere

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 dashboard-camera videos recorded by Nicholas Holden

* All incident reports associated with the videos

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 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.

Sincerely,

Andrew Quemere

From: Farrell, Sean (POL)

Sir/Madam – the Department of State Police has received your request for public records. As you know, the Department has ten (10) business days to respond to a records request. In this instance, the Department requires an additional ten (10) days to research your request. The Department is therefore seeking your assent to the additional time.

Your courtesies are greatly appreciated.

Respectfully,

Massachusetts State Police
General Headquarters
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2300
Fax: (508) 820-2649

From: Brunelli, Daniel (POL)

Good Morning Mr. Quemere,

Attached, please find the State Police response to your public records request.

If you have any questions or need any further information, please feel free to contact me.

Dan Brunelli
Staff Counsel
Massachusetts State Police
470 Worcester Rd
Framingham, MA 01702
508-820-2341

From: Andrew Quemere

Supervisor of Records,

I requested dashboard-camera videos recorded by a Massachusetts State Police trooper, but the State Police denied my request, citing an ongoing investigation. However, the State Police have already provided these videos to WCVB. See the news story here: http://www.wcvb.com/article/5-investigates-exclusive-video-of-troopers-troubling-traffic-stops/8972996

Given that the State Police have already released these videos to at least one news organization, the fact that there is an ongoing investigation should not be relevant. If providing the videos to one news organization did not hamper the State Police's investigation, providing them to another person should not either.

I also requested the police reports associated with the videos, but the State Police refused to release these records as well. I do not believe releasing these reports would harm the ongoing investigation either.

All correspondence related to this request can be found here: https://www.muckrock.com/foi/massachusetts-1/nicholas-holden-recordings-34465/

Best regards,
Andrew Quemere

From: Nathan, Kevin (SEC)

Good Afternoon Mr. Quemere,

Please find attached.
Best Wishes,
Kevin Nathan

Kevin Nathan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Chung, Cassandra (SEC)

Mr. Quemere,

Please see attached for the Determination letter closing appeal SPR17/550.

Cassandra Chung

Public Records Division
One Ashburton Place, RM 1719
Boston, MA 02108

Tel: 617-727-2832
Fax: 617-727-5914
Walk in Office Hours:
8:45 -5, Monday to Friday

From: Chung, Cassandra (SEC)

Mr. Quemere,

Please let me know what you are inquiring about for I do not understand. Thank you.

Cassandra Chung

Public Records Division
One Ashburton Place, RM 1719
Boston, MA 02108

Tel: 617-727-2832
Fax: 617-727-5914
Walk in Office Hours:
8:45 -5, Monday to Friday

From: Andrew Quemere

Supervisor of Records,

In a previous appeal, I sought the help of your office in obtaining videos and incident reports from the Massachusetts State Police. In a May 4 letter (SPR17/550), you closed my appeal "with the proviso that the Department provide Mr. Quemere a supplemental response ... within ten business days." To date, I have not received a supplemental response from the State Police. Please again order the department to provide me with a supplemental response.

Best regards,
Andrew Quemere

From: Nathan, Kevin (SEC)

Good Afternoon Mr. Quemere,

Please find attached.

Very Respectfully,
Kevin Nathan

Kevin Nathan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

From: Chung, Cassandra (SEC)

Hello,

Attached is the Determination letter for appeal SPR17/739. This administrative appeal is now closed. Please give us a call if you have further questions.

Cassandra Chung

Public Records Division
One Ashburton Place, RM 1719
Boston, MA 02108

Tel: 617-727-2832
Fax: 617-727-5914
Walk in Office Hours:
8:45 -5, Monday to Friday

From: Shorey, Stephen (SEC)

Mr. Quemere,

In connection with SPR17/550, please find attached the State Police's May 8, 2017 response to the Supervisor of Records' May 4, 2017 determination.

With respect to SPR17/739, please find attached the Supervisor of Records' June 13, 2017 determination. You should have also received a copy of this from Cassandra Chung in our office.

Feel free to let me know if you have any questions.
Best,
Steve

Stephen W. Shorey
Staff Attorney
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Ph: (617) 727-2832
Fax: (617) 727-5914

From: Andrew Quemere

Supervisor of Records,

I requested dashboard-camera videos and reports from the Massachusetts State Police, but the department denied my request, citing an ongoing investigation. After an appeal, you determined that "the Department must explain how disclosure of the responsive videos and reports 'would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest'" (SPR17/550).

In a letter dated May 8, the department again denied my request, citing an ongoing investigation. According to the letter, "Releasing the videos and reports to the public prior to the ultimate conclusion of the investigation could prevent witnesses from coming forward."

However, the department could redact information about witnesses. Additionally, it is not clear if every video and associated report is currently under investigation. According to one news report, there are more than 100 videos. Furthermore, the State Police have been investigating the videos for some time. It is possible that the department has finished investigating at least some of the videos. If so, the department should be able to release those videos.

Best regards,
Andrew Quemere

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