SJC rejects bid to restrict records about police misconduct 

The Massachusetts high court Friday ruled that agencies must release at least some records about a Fall River man shot and killed by police, rejecting arguments by prosecutors that a new law sharply limits access to records about police misconduct across the state.

The Supreme Judicial Court ruled that the Bristol County District Attorney's Office must release the factual portions of draft reports on the shooting, but can withhold some analytical sections under an exception to the public records statute for internal policy discussions. It also ordered a lower court to review whether releasing videotaped interviews with officers could make it harder to conduct future investigations.

But the justices dismissed a broader argument that a 2020 law intended to increase disclosure of police misconduct actually did the opposite. The law, passed in the wake of nationwide protests against police brutality, created a new state agency, called the Massachusetts Peace Officer Standards and Training (POST) Commission, to license and oversee law enforcement officers. It also ordered the commission to create a new public database with selected information about officers.

The district attorney's office argued the law also gave the new agency the exclusive authority to decide what information should be released about law enforcement misconduct, including the names of officers accused of wrongdoing. Several police departments around the state have already cited the lawsuit to withhold records of police discipline. But the SJC rejected those arguments, saying there was nothing in the statute "granting the POST commission exclusive authority to determine whether to release the names of officers involved in law enforcement misconduct investigations."

The court also rejected suggestions that the photos and names of officers can be withheld to protect the privacy of law enforcement officers. The court noted that the 2020 law says the privacy provision doesn't apply to any records related to a "law enforcement misconduct investigation," regardless of whether officers are ultimately cited for violating any rules.

The court case stems from a 2021 incident in which Fall River police fatally shot a man while making an arrest on domestic violence charges. The Bristol County District Attorney's Office ruled the shooting was justified because the man, Anthony Harden, allegedly tried to attack one of the officers with a knife. But some family members questioned that explanation. And Harden's brother, Eric Mack, sued the district attorney's office after it refused to release all the evidence.

The district attorney's office did not immediately respond to a request for comment Friday.

Brookline civil rights lawyer Howard Friedman, who represented Harden's brother, said the ruling should make it easier to obtain complaints about police and related records in the future. Specifically, they won't be able to cite privacy as a reason to withhold records, regardless of whether the agency ultimately finds the officers committed any violations.

"The language of the statute's clear," Friedman said. "The privacy exemption does not apply to records related to a law enforcement misconduct investigation."

Friedman said it was also notable that the SJC shot down arguments that people should only be able to obtain information about officer misconduct through the POST commission. The commission itself submitted a brief arguing that the Legislature did not intend to create a new exception to the public records law. Nor did it intend to put the POST commission in charge of handling other agencies' public records requests.

"It was a novel argument with no basis," Friedman said.