Orhan Gunduz documents (Somerville Police)

Tom Nash filed this request with the Somerville Police Department of Somerville, MA.
Submitted Feb. 23, 2013
Status
Rejected

Communications

From: Tom Nash

Subject: None

None

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, ยง10, I hereby request the following records:

All documents regarding the May 5, 1982 murder of Orhan Gunduz

A Boston Globe report about the incident is here:

http://the-puzzle-palace.com/files/Gunduz_shooting.txt

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 business days, as the statute requires.

Sincerely,

Tom Nash

From: Paul Upton

Subject: None

None

Dear Mr. Nash,

I have received your request for " All documents regarding the May 5, 1982 murder of Orhan Gunduz".

Under Massachusetts General laws, Chapter 38, section 4, regarding death investigations, "the district attorney or his/her law enforcement representative shall direct and control the investigation with the office of the chief medical examiner and the police department within whose jurisdiction the death occurred". Under the present protocol, the Massachusetts State Police assigned to the District Attorney's office act as the representative of the District Attorney, shall lead the investigation. All police reports regarding any homicide are submitted to the State Police.

Massachusetts Public Records Law, Chapter 66, section 10, Exemption (F), the Investigatory exemption, provides 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".

Pursuant to your specific request regarding documents pertaining to an open murder investigation where no suspect has yet been charged, and after having consulted both the Office of the District Attorney and the Somerville Law Department, I have determined that these documents are exempt from disclosure.

Files

There are no files associated with this request.