PESKIN, COURCHESNE & ALLEN, P.C.

ATTORNEYS AT LAW
1391 Main Street Suite 201
Springfield, MA 01103
Tel. 413-734-1002 866-813-2533
Fax 413-734-0029
www.pcalaw.net
Hours: M-F 9:00am - 5:00pm

Judd L. Peskin *
Nyles L. Courchesne*
Jonathan H. Allen
Katherine L. Milligan *
* also admitted in Connecticut

Of Counsel:
Richard P. Courchesne

Writers Email: jlp@pcalaw.net

February 29, 2016

Secretary of the Commonwealth
Public Records Division
Attn: Supervisor of Records
McCormick Building
One Ashburton Place, Room 1719
Boston, MA 02108
Re:

Request for State Police Investigative Report regarding a

November 30, 2015 incident at the Western Massachusetts
Police Academy.

Dear Sir or Madam:

This office represents Shawn Rooney of Chicopee, Massachusetts. On November 30, 2015, Mr.
Rooney was a student at the Western Massachusetts Police Academy. He was involved in a
defensive tactics scenario when the training officer in that scenario suddenly stabbed him directly
in the left eye. Mr. Rooney suffered at least one orbital fracture and has lost all vision in that eye.
He will be lucky to retain the eyeball with a prosthetic lens that will allow him to look more normal
than a person with a glass eye.
While the defensive tactics scenario was going on, the class was being observed by more than 20
people who were supposed to be learning how to become police academy instructors. After the
incident occurred, the State Police conducted a detailed examination. Two captains were dispatched
to the Western Massachusetts Police Academy were they viewed the scene and then conducted
interviews of Mr. Rooney, all of the witnesses to the incident and presumably other officials of the
Police Academy.
On February 1, 2016, this office sent a request to the Custodian of Records of the Department of
Public Safety. A copy of the request is enclosed with this letter. On February 4, 2016, Stephen
Carley, Assistant General Counsel for the Department of Public Safety, indicated that the request had
been sent to the wrong party and that he had forwarded the request to the Public Records Officer of
the Massachusetts State Police. On February 11, 2016, this office, exercising an abundance of
caution, sent its own letter to the Public Records Officer of the Massachusetts State Police which is
also enclosed with this letter. To date, no response from the Massachusetts State Police has been
received.

Mr. Rooney seeks the investigative report which was prepared by the State Police. There are several
reasons why he requests this report. First, if the State Police concluded that the training officer
intentionally stabbed Mr. Rooney, an intentional tort may have been committed permitting Mr.
Rooney an action under the Massachusetts Tort Claims Act (G.L. C. 258, 9) directly against the
assaulting officer. Under Massachusetts pleading standards for civil actions knowledge of the
conclusion of the State Police, and in particular, the rationale for that conclusion will be of great
assistance to Mr. Rooney in meeting the requirements of Iannacchino v. Ford Motor Company, 451
Mass. 623, 636 (2008). Second, it is anticipated that the State Police investigative report will
identify Mr. Rooneys assailant who is currently unknown to Mr. Rooney. Third, it is anticipated
that the investigative report will identify all of the witnesses to the incident and will discuss in some
depth their individual observations, opinions and conclusions.
It is anticipated that the State Police may cite General Laws Chapter 4, 7, 26th (f) in support of a
refusal to produce the investigative report. That section exempts from public records that must be
produced pursuant to General Laws Chapter 66 Section 10:
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.
The investigative materials sought in this case, however, will not prejudice the possibility of
effective law enforcement such that their disclosure would not be in the public interest. In Globe
Newspaper Co. v. Police Commissioner of Boston, 419 Mass. 852 (1995), the investigatory materials
sought were far beyond a 53 page investigative report which had already been released to the public
by the Internal Affairs Department of the Boston Police. That report dealt with allegations of police
misconduct during a celebrated murder investigation. Rather, the Globe requested the release of
materials compiled during the investigation over and above the summary report, including statements
of witnesses and police officers. The Court held that police officers statements and related materials
were unprotected under the privacy exemptions of G.L. Chapter 4, 7, 26th (a) and (c) were also
unprotected by the investigatory exemption of General Laws Chapter 4, 7, 26th (f). The Boston
Globe case sought materials far beyond what Mr. Rooney is seeking. Mr. Rooney is seeking only
the complete investigative report prepared by the State Police including all appendices and exhibits.
Although he may seek at some later point seek the underlying statements of the witnesses, or other
additional information, he is not seeking neither at this time.
He respectfully asks the Supervisor of Public Records to grant his request for disclosure of the full
and complete State Police investigative report in light of the refusal by the State Police to respond
to his original request.
Respectfully submitted,
Attorney for Shawn Rooney

Judd L. Peskin, Esq.

JLP/ll
Enclosures