Family of Anthony Harden files lawsuit against Bristol County District Attorneys’ office

Today, Anthony Harden’s brother Eric Mack and family, through their attorney, Howard Friedman, filed a lawsuit against the Bristol County District Attorneys’ office under the Massachusetts Public Records Act.

Mack states that on three separate occasions the family requested the evidence related to the death of Anthony Harden.

“We have filed this lawsuit because the basis for the DA’s denials of our requests are disingenuous and in direct violation of the law. For example, we requested “[a]ny and all photographs, including body cameras and vehicle cameras . . . starting before the police arrived at [Anthony’s home] and ending after all police officers left [his home] on November 22, 2021.” The DA responded by denying this request and stating “the release of photographs or other records would create an unwanted invasion of privacy[.]” Photographs of the scene of the incident do not implicate the privacy rights of anyone and, therefore, this is an invalid basis to deny our request. To the extent any privacy rights exist related to my brother’s autopsy photos, as they claim, those privacy rights belong to us – his family.”

When Fall River Reporter contacted the Bristol County District Attorney’s Office, spokesperson Gregg Miliote stated that “there is no body cam footage. FRPD doesn’t have body cams. And there is no surveillance footage of the incident. Photographs of deceased persons and autopsy reports are exempt from the definition of public records under Massachusetts law.”

Mack stated that “besides seeking to obtain the attorneys’ fees related to filing the lawsuit, they are not seeking any other monetary relief.”

The lawsuit states the names of two Fall River police officers as being involved in the incident with Harden. The names have not been confirmed by the DA’s office or by Fall River Police.