Daniel L. Golden v. Middlesex County District Attorney's Office

Massachusetts Superior Court·Decided March 4, 2025·No. 2484CV01541-C·Published

Opinion

SUPERIOR COURT

DANIEL L. GOLDEN v. MIDDLESEX COUNTY DISTRICT ATTORNEY'S OFFICE

Docket: 2484CV01541-C
Dates: February 28, 2025
Present: Robert B. Gordon
County: SUFFOLK
Keywords: MEMORANDUM OF DECISION AND ORDER ON DEFENDANT MIDDLESEX DISTRICT ATTORNEY'S OFFICE'S MOTION TO IMPOUND RECORDS INDEX AND FOR A PROTECTIVE ORDER

            Defendant Middlesex County District Attorney's Office ("Middlesex DA" or the "Defendant") has filed a pair of motions addressed to the records index (the "Index") it has produced in an ostensible attempt to comply with the Court's January 30, 2025 Order for the Production of Withheld Records (the "Order") responsive to the Plaintiff's Public Records Law ("PRL") request.

BACKGROUND

            On January 30, 2025, following its review of briefing submitted in connection with Plaintiff's Motion to Compel Production of Withheld Records due to Mr. Golden pursuant to his PRL request and an in-person hearing addressed to that motion, the Court issued its Order for the production of the Index within 20 days. By that Order, the Court directed the Middlesex DA to prepare and turn over to Mr. Golden an index that identified all records in its possession that are

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responsive to Plaintiffs PRL records request. In this connection, the Order specifically directed the Middlesex DA to set forth, on a record by record basis, the following information:

• The date the record was created;

• The author of the record;

• The recipients of the record;

• A description of the subject matter of the record, omitting personal identifiers (such as the names of suspects, witnesses and persons of interest) and other specific facts the disclosure of which would likely compromise the integrity of the subject homicide investigation);

• Any exemption to the PRL the Middlesex DA claimed applied to the referenced record; and

• An explanation of why the cited exemption applies to the record that is sufficiently detailed to permit a reasonable evaluation of the legitimacy of the exemption so claimed.

All responsive records not qualifying for a PRL exemption were to be turned over to Mr. Golden forthwith.

            In response to the foregoing, the Defendant filed a Motion to Reconsider the Order, arguing that even production of the documentary Index directed by the Court triggered the PRL's investigative exemption (G.L. c. 4, § 7,126(f)). In its motion, the Middlesex DA discharged a scattershot of reasons why even the exceedingly limited information revealed in the 34-year old records (concerning the murder of Mary Joe Frug) to be indexed threatened to compromise a still-open homicide investigation. The Defendant thereby sought leave to withhold in broad

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stroke virtually all documents responsive to Mr. Golden's PRL request, and to do so on the basis of only summarily asserted grounds for exemption.

            In its February 19, 2025 Memorandum and Order on Defendant's Motion to Reconsider (the "Reconsideration Memorandum"), the Court categorically rejected the Middlesex DA's arguments, and directed this records-holder to produce the previously ordered Index. The Court reviewed at some length the governing PRL precedent in the Commonwealth, making clear that the plenary exemption from records disclosure claimed by the Middlesex DA in respect to the Frug homicide investigation was without basis in the law. (Reconsideration Memo., at pp. 2-4.) The Court further addressed the myriad theories conjured by the Defendant for effectively suppressing all inquiry into this more than three-decades old case, concluding that such theories bore little rational - much less demonstrated - relationship to the Frug homicide investigation, strained common sense to point of absurdity, and offended the very purposes of the PRL. (Id. at p. 5 and n.4.) To be blunt, the Middlesex DA did not remotely approach its burden of establishing that the ordered index or, by implication, the documents withheld were broadly entitled to the investigative exemption claimed, G.L. c. 4, § 7, 126(f). See iterum Rahim v. District Att'y for Suffolk Dist., 486 Mass. 544, 547 (2020). The reasons for these conclusions need not be rehearsed anew.

            The Middlesex DA now returns to Court with an Index that purports to comply with the Court's January 30 Order, and accompanies this Index with motions to impound the filing thereof and to subject Mr. Golden to a highly restrictive protective order as concerns its contents. For the reasons which follow, the Defendant's paired Motions to Impound and for a Protective Order shall be DENIED.

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DISCUSSION

            The Court will not dwell over-long on the reasons for denying impoundment and the requested terms of protective order to the filing and disclosure of the Defendant's document Index. On its face, the Index mocks the Court's original Order of production, as expounded in its Reconsideration Memorandum, and makes virtually no effort to comply with the directives thereof. The Index consists of a 30-page spreadsheet that reflects no more than a Potemkin production of the information required by the Court. Indeed, the Index proffered is so rife with redaction regarding the referenced records that no substantive information whatsoever regarding the police investigation into the Frug murder can be extracted from it. This is hardly consistent with the purposes or precepts of the PRL. See Rahim. 486 Mass. at 555 (district attorney must "provide [ ] court with sufficient detail to conclude that disclosure of these materials would more likely than not prejudice effective law enforcement, and thus qualify for exemption (f)"). See also Mack v. District Att'y for Bristol Dist., 494 Mass. 1, 9 (2024) (purpose of PRL is provide public with "broad access" to information in order to ensure "public servants are carrying out their duties in an efficient and law-abiding manner"); Church of Scientology Int'l v. U.S. Dep't of Just., 30 F.3d 224,228 (1st Cir. 1994) ("basic purpose" of public records law "is to ensure an informed citizenry, vital to the functioning of a democratic society") (discussing "FOIA", federal analogue to the PRL).[1]

            As for the sprawling investigative exemption to which the Middlesex DA originally laid claim, the Defendant appears to have done little more than re-dress its failed arguments in only slightly different rhetorical clothing. Although the Middlesex DA has abandoned the revealingly

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[1] The Court would observe that a 34-year-old unsolved homicide inherently cries out for such an inquiry. See Louis D, Brandeis, Other People's Money, at 92 (Frederick A. Stokes Co. 1914) ("Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.").

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political explanations it tendered previousl

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