|Submitted||Nov. 18, 2016|
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
Any correspondence (letters, memos, emails, etc) sent or received by the Middlesex District Attorney's Office from the Middlesex County Sheriff's Office regarding the case of Gerald Amirault
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 calendar days, as the statute requires.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 18, 2016. 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.
Attached please find a response of the Middlesex District Attorney's Office pertaining to your request for copies of records relating to Commonwealth v. Gerald Amirault, Violet Amirault & Cheryl Amirault LeFave.
Assistant District Attorney
Appeals & Training Bureau
Middlesex District Attorney's Office
15 Commonwealth Avenue
Woburn, MA 01801
T: 781-897-6825 F: 781-897-6826
This document appears to be blank, could you please resend?
In case you cannot open the attachment, below is the substance of the letter from the attachment –
November 28, 2016
411A Highland Avenue
Somerville, Massachusetts 02144-2516
Re: Public Records Requests 16-110
Dear Ms. Russell:
This Office has received your four separate letters, dated November 18, 2016, in which you request copies of 1) the transcript and full case file for C. v. Gerald Amirault; 2) the transcripts and full case files for C. v. Violet Amirault and Cheryl Amirault LeFave; 3) any correspondence between former Acting Governor Jane Swift and former Middlesex District Attorney Martha Coakley regarding Gerald Amirault; and 4) any correspondence exchanged by the Middlesex District Attorney’s Office and the Middlesex Sheriff’s Office regarding Gerald Amirault. Please be advised that this Office has located 30 to 40 boxes of records that likely contain records responsive to your request.
In accordance with the Public Records Access Regulations, any governmental entity complying with a public records request is permitted to charge a reasonable fee to cover the costs of complying with the request. G. L. c. 66, § 10(a); 950 C.M.R. 32.06. An Assistant District Attorney, who is the lowest paid employee capable of performing the search for responsive records and the segregation of exempt from non-exempt information, has a billable rate of $25.00 per hour. In addition, any governmental entity complying with a public records request is permitted to charge 5¢ a page for photocopies and the actual cost for copies of public records not susceptible to ordinary means of reproduction. 950 C.M.R. 32.06.
This Office will provide you with a written letter estimating the cost for copies of records after reviewing the boxes of records and designating those that would be responsive to your request and the segregating of information exempt from disclosure. Because of the volume of records you requested as well as the number of records that must be reviewed, the fee will likely be hundreds of dollars which this Office declines to waive.
In addition, since the cases you request involve the sexual assault of minor children, certain information in the requested records, including the names and any other identifying information of the sexual assault victims, will necessarily be exempt from public disclosure pursuant to exemption (a) (statutory) and exemption (c) (personal privacy) of the public records statute. See G. L. c. 4, § 7(26); G. L. c. 265, § 24C; G. L. c. 41, § 97D.
The law requires that this Office advise you that you may appeal this Office’s decision within ninety days by writing to the Supervisor of Records, Office of the Secretary of the Commonwealth, One Ashburton Place, Room 1719, Boston, Massachusetts, 02108. In your appeal, you should include copies of all correspondence related to your request.
Assistant District Attorney