Recently disclosed documents reveal the possibily of serious prosecutorial misconduct on at least
two separate occassions in Worcester District Attorney John J. Conte's office. A round of Freedom Of
Information Act request under the Massachusetts Public Records Law seeks to get to
the bottom of these. Please click here to read more about these requests.
Bookmark this page to follow the progress of the documents requests.
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Assistant District Attorney Sandra Hautanen responded by telephone on 1/25/05 on behalf of DA John Conte to a series of seven public documents requests. She
asked for $731.20 to fulfill those requests and asserted that there is "no smoking gun" in the LaGuer file. Ms.
Hautanen responded to the documents requests in writing on 2/15/05.
On 3/1/05 Eric Goldscheider wrote to Ms. Hautanen asking for a meeting. Please use the links below to see the entire correspondence.
Use the links below to access PDF files. You will
need Adobe Reader.
More will be added as they become available, so please
visit often.
Contact District Attorney Conte and ask him when he plans to make
his files in the LaGuer case transparent. And please send a record of your communications to BenLaGuer@hotmail.com. Thank you.
Mail: John J. Conte, District Attorney District Attorney's Office Courthouse Room 220, 2 Main Street Worcester,
MA 01608
For a more detailed explanation of the document trail the requests are designed to illuminate see
the following pages on this Web site. Prepare to spend some time with these. They are a bit complicated but they tell a very
clear story. Please don't hesitate to call (413) 253-0179 if you have any questions.
Section 10. (a) Every person having custody of any public record, as defined
in clause Twenty-sixth of section seven of chapter four, shall, at reasonable times and without unreasonable delay, permit
it, or any segregable portion of a record which is an independent public record, to be inspected and examined by any person,
under his supervision, and shall furnish one copy thereof upon payment of a reasonable fee. Every person for whom a search
of public records is made shall, at the direction of the person having custody of such records, pay the actual expense of
such search. The following fees shall apply to any public record in the custody of the state police, the Massachusetts bay
transportation authority police or any municipal police department or fire department: for preparing and mailing a motor vehicle
accident report, five dollars for not more than six pages and fifty cents for each additional page; for preparing and mailing
a fire insurance report, five dollars for not more than six pages plus fifty cents for each additional page; for preparing
and mailing crime, incident or miscellaneous reports, one dollar per page; for furnishing any public record, in hand, to a
person requesting such records, fifty cents per page. A page shall be defined as one side of an eight and one-half inch by
eleven inch sheet of paper.
(b) A custodian of a public record shall, within ten days following receipt of a request for inspection or
copy of a public record, comply with such request. Such request may be delivered in hand to the office of the custodian or
mailed via first class mail. If the custodian refuses or fails to comply with such a request, the person making the request
may petition the supervisor of records for a determination whether the record requested is public. Upon the determination
by the supervisor of records that the record is public, he shall order the custodian of the public record to comply with the
person's request. If the custodian refuses or fails to comply with any such order, the supervisor of records may notify the
attorney general or the appropriate district attorney thereof who may take whatever measures he deems necessary to insure
compliance with the provisions of this section. The administrative remedy provided by this section shall in no way limit the
availability of the administrative remedies provided by the commissioner of administration and finance with respect to any
officer or employee of any agency, executive office, department or board; nor shall the administrative remedy provided by
this section in any way limit the availability of judicial remedies otherwise available to any person requesting a public
record. If a custodian of a public record refuses or fails to comply with the request of any person for inspection or copy
of a public record or with an administrative order under this section, the supreme judicial or superior court shall have jurisdiction
to order compliance.
(c) In any court proceeding pursuant to paragraph (b) there shall be a presumption that the record sought is
public, and the burden shall be upon the custodian to prove with specificity the exemption which applies.
(d) The clerk of every city or town shall post, in a conspicuous place in the city or town hall in the vicinity
of the clerk's office, a brief printed statement that any citizen may, at his discretion, obtain copies of certain public
records from local officials for a fee as provided for in this chapter.
The executive director of the criminal history systems board, the criminal history systems board and its agents,
servants, and attorneys including the keeper of the records of the firearms records bureau of said department, or any licensing
authority, as defined by chapter one hundred and forty shall not disclose any records divulging or tending to divulge the
names and addresses of persons who own or possess firearms, rifles, shotguns, machine guns and ammunition therefor, as defined
in said chapter one hundred and forty and names and addresses of persons licensed to carry and/or possess the same to any
person, firm, corporation, entity or agency except criminal justice agencies as defined in chapter six and except to the extent
such information relates solely to the person making the request and is necessary to the official interests of the entity
making the request.
[ Third paragraph of subsection (d) effective until July 1, 2004. For text effective July 1, 2004, see below.]
The home address and home telephone number of law enforcement, judicial, prosecutorial, department of youth
services, department of social services, department of correction and any other public safety and criminal justice system
personnel shall not be public records in the custody of the employers of such personnel or the public employee retirement
administration commission or any retirement board established under chapter 32 and shall not be disclosed, but such information
may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under
chapter 180 or to a criminal justice agency as defined in section 167 of chapter 6. The name and home address and telephone
number of a family member of any such personnel shall not be public records in the custody of the employers of the foregoing
persons or the public employee retirement administration commission or any retirement board established under chapter 32 and
shall not be disclosed. The home address and telephone number or place of employment or education of victims of adjudicated
crimes and of persons providing or training in family planning services and the name and home address and telephone number,
or place of employment or education of a family member of any of the foregoing shall not be public records in the custody
of a government agency which maintains records identifying such persons as falling within such categories and shall not be
disclosed.
[ Third paragraph of subsection (d) as amended by 2004, 149, Sec. 124 effective July 1, 2004. See 2004, 149, Sec. 428.
For text effective until July 1, 2004, see above.]
The home address and home telephone number of law enforcement, judicial, prosecutorial, department of youth
services, department of social services, department of correction and any other public safety and criminal justice system
personnel, and of unelected general court personnel, shall not be public records in the custody of the employers of such personnel
or the public employee retirement administration commission or any retirement board established under chapter 32 and shall
not be disclosed, but such information may be disclosed to an employee organization under chapter 150E, a nonprofit organization
for retired public employees under chapter 180 or to a criminal justice agency as defined in section 167 of chapter 6. The
name and home address and telephone number of a family member of any such personnel shall not be public records in the custody
of the employers of the foregoing persons or the public employee retirement administration commission or any retirement board
established under chapter 32 and shall not be disclosed. The home address and telephone number or place of employment or education
of victims of adjudicated crimes, of victims of domestic violence and of persons providing or training in family planning
services and the name and home address and telephone number, or place of employment or education of a family member of any
of the foregoing shall not be public records in the custody of a government agency which maintains records identifying such
persons as falling within such categories and shall not be disclosed.
Twenty-sixth, "Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements,
statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received
by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of
the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a
public purpose, unless such materials or data fall within the following exemptions in that they are:
(a) specifically or by necessary implication exempted from disclosure by statute;
(b) related solely to internal personnel rules and practices of the government unit, provided however, that
such records shall be withheld only to the extent that proper performance of necessary governmental functions requires such
withholding;
(c) 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;
(d) inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency;
but this subclause shall not apply to reasonably completed factual studies or reports on which the development of such policy
positions has been or may be based;
(e) notebooks and other materials prepared by an employee of the commonwealth which are personal to him and
not maintained as part of the files of the governmental unit;
(f) 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;
(g) trade secrets or commercial or financial information voluntarily provided to an agency for use in developing
governmental policy and upon a promise of confidentiality; but this subclause shall not apply to information submitted as
required by law or as a condition of receiving a governmental contract or other benefit;
(h) proposals and bids to enter into any contract or agreement until the time for the opening of bids in the
case of proposals or bids to be opened publicly, and until the time for the receipt of bids or proposals has expired in all
other cases; and inter-agency or intra-agency communications made in connection with an evaluation process for reviewing bids
or proposals, prior to a decision to enter into negotiations with or to award a contract to, a particular person;
(i) appraisals of real property acquired or to be acquired until (1) a final agreement is entered into; or
(2) any litigation relative to such appraisal has been terminated; or (3) the time within which to commence such litigation
has expired;
(j) the names and addresses of any persons contained in, or referred to in, any applications for any licenses
to carry or possess firearms issued pursuant to chapter one hundred and forty or any firearms identification cards issued
pursuant to said chapter one hundred and forty and the names and addresses on sales or transfers of any firearms, rifles,
shotguns, or machine guns or ammunition therefor, as defined in said chapter one hundred and forty and the names and addresses
on said licenses or cards;
[ There is no subclause (k).]
(l) questions and answers, scoring keys and sheets and other materials used to develop, administer or score
a test, examination or assessment instrument; provided, however, that such materials are intended to be used for another test,
examination or assessment instrument;
(m) contracts for hospital or related health care services between (i) any hospital, clinic or other health
care facility operated by a unit of state, county or municipal government and (ii) a health maintenance organization arrangement
approved under chapter one hundred and seventy-six I, a nonprofit hospital service corporation or medical service corporation
organized pursuant to chapter one hundred and seventy-six A and chapter one hundred and seventy-six B, respectively, a health
insurance corporation licensed under chapter one hundred and seventy-five or any legal entity that is self insured and provides
health care benefits to its employees.
(n) records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings,
which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability
assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities,
transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment
of the record custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter
66, is likely to jeopardize public safety.
[ Subclauses (o) and (p) as added by 2004, 149, Sec. 8 effective July 1, 2004. See 2004, 149, Sec. 428.]
(o) the home address and home telephone number of an employee of the judicial branch, an unelected employee
of the general court, an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth,
or of a political subdivision thereof or of an authority established by the general court to serve a public purpose, in the
custody of a government agency which maintains records identifying persons as falling within those categories; provided that
the information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public
employees under chapter 180, or a criminal justice agency as defined in section 167 of chapter 6.
(p) the name, home address and home telephone number of a family member of a commonwealth employee, contained
in a record in the custody of a government agency which maintains records identifying persons as falling within the categories
listed in subclause (o).
Any person denied access to public records may pursue the remedy provided for in section ten of chapter sixty-six.
