25 Investigates: State Police want more than $176k to review public records request

BOSTON — 25 Investigates has been working to get answers about the culture at the Massachusetts State Police Training Academy. We started looking after the recent, sudden death of a recruit, Enrique Delgado Garcia.

On October 9th, 185 new troopers graduated from the state police academy. The event pausing to acknowledge the recruit who wasn’t there. A video played and Delgado Garcia began speaking. He told the audience why he wanted to be a state trooper.

“I want to help people,” the 25-year-old from Worcester said in a pre-recorded interview. “I want to be there for them on their worst days.”

Delgado Garcia died on September 13th after a boxing training exercise at the academy. He was just weeks shy of his graduation.

Sources familiar with the investigation tell 25 Investigates that he suffered broken bones, damaged or missing teeth, and a spinal injury. Sources say he was in the ring with someone else when he stumbled onto the mat but stood back up. The fight was allowed to continue. He then collapsed following a blow to the head.

That’s when 25 Investigates began looking into the academy, practices, and reasons people might leave before they get to the finish line.

25 Investigates asked Mass State Police, through an open records request, for documented reasons why recruits leave the academy prior to their graduation, including their exit interviews. We asked for those exit interviews from the last three recruit training troops or RTTs.

Mass State Police responded with a fee assessment of $176, 431, just to review the records we asked for. Largely, it was a fee to review the records to see if they were allowed to release them under Massachusetts public records law.

The written response said in part:

“Again, please note that the majority of the responsive records may be exempt in their entirety from disclosure.”

“We shouldn’t have to pay almost $200,000 to get this information, said Justin Silverman, executive director of the New England First Amendment Coalition. That’s the region’s leading advocate for First Amendment freedoms and the public’s right to know about government.

“These are our tax dollars that are being spent on the state police training program. And we have a right to know whether or not that program is operating safely or whether it’s just teeing up another tragedy to occur somewhere down the road,” Silverman said.

While Mass State Police believe what we asked for was exempt from public records law for a personnel exception, experts we spoke with say law around this isn’t quite so clear.

“The Supreme Judicial Court, our state supreme court, hasn’t ruled on whether or not exit interviews specifically fall within exemption C,” said Jessie Rossman, the legal director of the ACLU of Massachusetts which is calling for a federal investigation into possible systemic concerns at the Mass State Police Academy.

“Taking even a step further back from the public records law right now, there are serious questions that are being asked in the Commonwealth by the public about what is happening in the MSP Academy,” Rossman said.

In their own literature, Mass State Police shares statements from recruits from their exit interviews about why they left the academy.

“I think it’s important to note that we’re not seeking names or any kind of personal information, but instead the very reasons for why these cadets quit the program,” Silverman said.

Since Delgado Garcia’s death, the academy suspended boxing activities.

And the Attorney General appointed an independent investigator to examine the circumstances around how he died.

But advocates for government transparency aren’t sure that’s enough.

“They should be working on behalf of the public to come up with a way to be more transparent,” Silverman said. “So instead of just relying on these fees and sending out a bill for almost $200,000, the State Police in this case should be working with journalists and others concerned about the situation with this cadet to make sure that enough information is provided where we can get a full understanding of what’s going on.”

Boston 25 News is not paying the $176,431 fee. But we are continuing working with State Police on this request.

We have also appealed the response with the Secretary of State’s office.

This is a developing story. Check back for updates as more information becomes available.

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