John Diarbakerly Jr. Arrest - Vacant Walpole Gas Station Used as Illegal Marijuana Grow House
| Submitted | July 26, 2022 |
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Communications
From: The Riford Family
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
1.) Any and all police reports, complaints, and narratives regarding the 2019 arrest of John Diarbakerly Jr., which is described in detail below:
A large marijuana grow house was recently discovered at a vacant gas station in Walpole, Massachusetts, according to police. A police officer said he noticed a suspicious car in the parking lot of the vacant gas station on Route 1 Monday. When the officer pulled into the parking lot, he found John Diarbakerly unloading boxes. When that individual was confronted by police he ran inside of the building and kind of barricaded himself in, locked himself inside," Chief Carmichael told WBZ Tuesday.
The officer followed him and he admitted to packaging the pot and selling it, according to police. "He did make statements relative to, that he was growing it for other people," Chief Carmichael said. "We also found evidence that it was likely that he was repackaging some of the product in operating marijuana dispensary containers and that kind of thing and likely selling that on the street."
Court documents show that officers counted about 57 marijuana plants in the gas station. They found growing lights, irrigation equipment, empty medical marijuana containers and a large air filtration system.
Sources:
https://www.cbsnews.com/boston/news/walpole-marijuana-pot-plants-route-1-gas-station/
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,
Joanne Riford
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on July 26, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on July 26, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
Hi,
Please see the following request for records. Thank you for your help with this request.
Sincerely,
MuckRock
From: Walpole Police Department
The Town of Walpole Police Department ("Police Department") is in receipt of your public records request to the records dept.
In your request, you seek the following records, and the Police Department responds accordingly below.
1.) Any and all police reports, complaints, and narratives regarding the 2019 arrest of John Diarbakerly Jr.,
The records you seek are exempt from public records disclosure by specifically or necessary implication exempted from disclosure by statute, M.G.L. c,4, § 7 (26)(a),
M.G.L. c. 6 § 167 ("criminal offender records information...shall only be disseminated to criminal justice agencies...") Arrest reports are not considered public records.
Re: Criminal Offender Record Information ("CORI") (G.L. c. 4, § 7(26)(a); G.L. c. 6, §§167A, 172)
Mass. General Laws: Exemption C- Privacy personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy, M.G.L. c.4, §7 (26)(c)
Be advised that under M.G.L. c.66, §10A and 950 CMR 32.09(1), if it is believed that the withholding of information related to a public records request is in violation of M.G.L. c66, §10, the person who submitted the initial request for public records may petition the supervisor of records for a determination as to whether a violation has occurred. Any such petition may be mailed or delivered to: Supervisor of Records, Division of Public Records, Office of the Secretary of the Commonwealth, One Ashburton Place, Room 1719, Boston, Massachusetts 02108; or may be emailed to: pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>. Upon receipt of a petition, the supervisor of records shall issue a written determination not later than 10 business days following the receipt of the petition. Upon a determination by the supervisor of records that a violation has occurred, the supervisor of records shall order timely and appropriate relief. Additionally, a requestor has the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court.
Thank you,
Walpole Police
Records Dept.
50 South Street
Walpole, MA 02081
When writing or responding, please remember that the Secretary of State's Office has determined that e-mail is a public record.
Files
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