Leary, a 15-year veteran, is former president of the firefighters union.

Updated at 10:53 p.m. Friday, July 18, 2014 to note that the Fire Commission didn't take a formal vote on the residents' petition and that the commission will send a written statement to the residents' group.

Updated at 9:40 p.m. Friday, July 18, 2014 to include comments from Fire Commission members Christopher Hopewell and Yasser Menwer, city staff attorney Sara Carroll and residents Darlene Elias, Janet Rodriguez and Sylvia Robello, as well as to add background details about the Leary matter.

HOLYOKE -- The Fire Commission Friday (July 18) told residents who wanted a promotion rescinded for a firefighter who was heard making a racial slur in a 2012 video while off duty that the firefighter was the most qualified candidate for the promotion.

Hispanics at the meeting questioned whether the firefighter, Timothy Leary, would react with the same swiftness to save them at a fire as he might for white people given the Hispanic slur he was heard making in the video. About a dozen people attended the meeting about the matter.

"We are the future of this community. Your firefighters are the future of this community....That being said, we are kind of dumbfounded" Leary was promoted, said Darlene Elias, of Clark Street, spokeswoman for the petitioners.

"There is a lack of confidence," in Leary, group member Janet Rodriguez said.

Leary, a 15-year veteran and former president of the firefighters' union, didn't attend the Fire Commission meeting and couldn't be reached for comment later.

Commission member Yasser Menwer said late Friday the commission made no formal decision on the residents' petition. A commission statement will be sent to the residents, who hae organized under the name Holyoke Organizes for Latino Action, or HOLA, Menwer said.

Members of the mostly Hispanic group said after the 90-minute meeting at Fire Department headquarters on High Street that they will monitor how the commission handles the permanent promotion for the position in coming months.

The commission is a three-member board of volunteers appointed by the mayor. The commission is responsible for the hiring, promotion and discipline of all Fire Department employees, including the chief.

Chairman Christopher Hopewell and member Yasser Menwer were involved in the promotion of Leary. Patricia C. Devine, a former city councilor, attended her first commission meeting Friday after Mayor Alex B. Morse appointed her in May.

Commission members said firefighter Leary was promoted to lieutenant provisionally on March 27 because he was the most qualified of the 14 candidates considered.

Candidates were judged based on an interview with the commission and their reactions to scenarios such as what questions to ask upon arriving at a fire and finding a woman in a house coat in the driveway of a burning building, Hopewell said.

"We went through a meticulous process...I understand your concerns, but we thought we were fair and we promoted the right candidate," he said.

Menwer, who told the gathering he was Hispanic and occasionally made remarks in Spanish, said the commission takes seriously its role as the voice of the community of Hispanic, white and all people at the Fire Department.

Francisco Rivera recently was promoted to captain in the department, he said, and Maria Pelchar was recently named lieutenant, the first Hispanic female to earn such a rank.

"We have strlved to be not only the voice, but to be transparent," Menwer said.

The decision to promote Leary was made after a 42-minute, closed-door meeting, said Menwer, saying it was not the 10-minute done-deal some in the community have alleged.

"In other words, we're golng to pick the most qualified and we did choose the most qualified that night," Menwer said.

The promotion increases Leary's yearly salary to $56,814 from the previous $51,184, Fire Chief John A. Pond said.

A provisional promotion occurs when the department needs a superior officer, because an officer must be present on each fire truck, and a list of candidates for such a promotion on a state Civil Service list is unavailable. Such a test is expected later this year and a permanent lieutenant could be chosen from among candidates who take the test in the spring, Pond said.

Hopewell and Menwer both said they don't condone the use of the slurs attributed to Leary in the videotape.

Commissioners also said that in making that promotion they were bound to heed a September decision by the American Arbitration Association that vacated discipline that Pond had imposed on Leary in December 2012 in relation to the videotaped slurs. Pond's discipline of Leary was a letter of reprimand in his personnel file and order that he get sensitivity training.

The slur allegedly was made about Ward 2 City Councilor Anthony Soto, who has clashed with Leary over the years. Leary at the time was president of Holyoke Fire Fighters Association, Local 1693, International Association of Fire Fighters.

The video was made in August 2012 when Leary was off duty and went to Hampshire Towing, of South Hadley, to meet with that company's owner, William Johnson. Johnson said in a February 2013 phone interview signs were visible on the company property stating that audio- and video-taping take place.

Sara Carroll, city staff attorney, said the collective bargaining agreement that the city has with the firefighters union requires that both sides abide by arbitration decisions to resolve disputes. That means Pond's discipline, Leary's appeal and the arbitrator's ruling have concluded the matter, she said.

"We would be violating the law" to do otherwise, Carroll said.

But residents said commissioners were following the law at the expense of the truth by promoting Leary and recognizing the arbitration decision but overlooking the slurs.

"It doesn't mean it didn't happen," Elias said.

"The reality is he did make those statements," said Sylvia Robello, a resident and retired teacher.

Rodriguez said the Fire Commission's promotion of Leary flies in the face of common sense since today's technology means the video with slurs can be seen by the world on YouTube.

"This is who he is," Rodriguez said.

Menwer said if any resident feels unsafe or that something is wrong regarding fire protection, they can contact him.

"I'm your voice. Let me know. Come to me. Tell me," Menwer said.

Group member Amy Bookbinder replied, "I guess I feel a little bit frustrated because we're here doing what you just said."

Leary filed a grievance over Pond's discipline. The Fire Commission voted 2-1 on Feb. 13, 2013 to deny the grievance and Leary took the matter to the arbitration.

The commission began the meeting by going into executive session for about five minutes. The state Open Meeting Law requires a board to cite one of a limited number of exemptions for holding a closed-door session. Asked what the reason was, Hopewell initially said the executive session was to discuss a grievance. When the board returned to open session Hopewell said the reason the door had been closed was so the board could discuss a disciplinary matter involving personnel.

According to the lawsuit, Offerman was hit by a pitch, charged the mound and hit catcher Jonathan Nathans and pitcher Matt Beech.

BRIDGEPORT, Conn. (AP) — Former major leaguer Jose Offerman testified Friday that he neither swung his bat at two minor leaguers nor caused their injuries during a scuffle that broke out when he was hit by a pitch during a 2007 comeback attempt.

Former Long Island Ducks player Jose Offerman arrives at the federal courthouse in Bridgeport, Conn. on Thursday. (AP Photo/Connecticut Post, Autumn Driscoll) Autumn Driscoll 

Offerman took the stand in a civil assault and injury trial in federal court in Bridgeport. He is being sued by a former member of the Bridgeport Bluefish who claims Offerman injured him when the two-time All Star charged the mound with his bat while playing for the Long Island Ducks.

According to the lawsuit, Offerman was hit by a pitch, charged the mound and hit catcher Jonathan Nathans and pitcher Matt Beech. Nathans suffered a head injury that ended his baseball career and Beech broke the middle finger on his non-throwing hand.

Nathans, now an attorney in Portland, Maine, is suing Offerman and the Ducks for $4.8 million. He said he continues to cope with inner ear problems including nausea and dizziness that were caused when he was struck by the bat. The Ducks also deny any responsibility.

Offerman, 45, who lives in his native Dominican Republic, was charged criminally with felony assault after the game. He was granted a probation program that resulted in the charges being dismissed.

The trial is expected to continue at least until Wednesday, said Offerman's lawyer, Frank Riccio II.

Offerman has been working for the Licey Tigers, a winter league team he managed before throwing a punch at an umpire during a 2010 on-field argument. Offerman was banned from the Dominican winter league after the 2010 incident, but the ruling was overturned in 2012 after he got psychological treatment.

Investors jumped on a wave of strong corporate financial results Friday, propelling stocks higher for the third time in five days.

By ALEX VEIGA
AP Business Writer

Investors jumped on a wave of strong corporate financial results Friday, propelling stocks higher for the third time in five days.

The gains wiped out much of the market's losses from the day before, when the downing of a Malaysian Airlines passenger jet in eastern Ukraine stirred concerns that tensions between Russia and the West could escalate. Israel's launch of a ground offensive into Gaza also stoked geopolitical uncertainty.

Those worries appeared to ease Friday, as world leaders called for an immediate cease-fire in the region and international attention turned toward the task of determining what led to the aircraft being shot down. Investors turned their attention to the latest encouraging company earnings.

"Typically when these events hit the news, it's kind of a sell-now, ask-questions-later moment, and then there is a reassessment, and that's exactly what we had," said Quincy Krosby, market strategist at Prudential Financial. "Today, the market focused again on earnings, which for the most part were good, surprising to the upside, and the markets just basically got back to their normal business."

Signs of a rebound appeared early. The major stock indexes edged higher in premarket trading and demand for bonds waned, sending the yield on the 10-year Treasury note lower. Gold and oil prices also declined.

Strong earnings from several companies kept the market in positive territory after it opened. Investors drove up shares in Google, Honeywell International, furniture company Knoll and Huntington Banchsares, among others.

The Conference Board's latest index of leading indicators, designed to predict the economy's trajectory, stoked the market further. The index climbed in June for the fifth consecutive month. At the same time, investors brushed off a preliminary report showing consumer confidence dipped slightly.

The market built steadily on its gains throughout the day, reversing nearly all of the prior day's losses and putting all three major U.S. indexes into the green for the week.

On Friday:

• The Dow Jones industrial average rose 123.37 points, or 0.7 percent, to close at 17,100.18.
• The Standard & Poor's 500 index gained 20.10 points, or 1 percent, to 1,978.22.
• The Nasdaq composite index climbed 68.70 points, or 1.6 percent, to 4,432.15.

For the week:

• The Dow gained 156.37 points, or 0.9 percent.
• The S&P 500 climbed 10.65 points, or 0.5 percent.
• The Nasdaq advanced 16.66 points, or 0.4 percent.

For the year:

• The Dow is up 523.52 points, or 3.2 percent.
• The S&P 500 index is up 129.86 points, or 7 percent.
• The Nasdaq is up 255.56 points, or 6.1 percent.

Treasury yield rises

Bond prices fell. The yield on the 10-year Treasury note rose to 2.48 percent from 2.45 percent late Thursday.

All 10 sectors in the S&P 500 rose, led by health care. The sector is up 10.6 percent this year.

Gilead Sciences notched the biggest gain among the 500 companies in the index, rising $4.12 or 4.8 percent, to $89.19. NVIDIA fell the most, shedding 86 cents, or 4.5 percent, to $18.44.

Investors largely looked through the brewing geopolitical hot spots this week in part because company earnings have been favorable, said Terry Sandven, chief equity strategist at U.S. Bank Wealth Management.

"Clearly the equity market remains remarkably resilient," he said. "Despite heightened political issues on the horizon the path of least resistance for equities is still up."

Generally, early results this earnings season have been in line with investors' expectations, and in some cases, much better, noted Lawrence Creatura, portfolio manager at Federated Investors.

Late Thursday, Google reported higher earnings and revenue, even as advertising rates continued to drop. Its stock added $24.29, or 4.2 percent, to $605.11.

Honeywell International gained $1.65, or 1.7 percent, to $96.82 after reporting that its income rose sharply in the latest quarter and beat investors' forecasts.

Furniture and accessories company Knoll and semiconductor Skyworks Solutions also got a lift from quarterly results that exceeded Wall Street's expectations. Knoll jumped $1.18, or 7 percent, to $18.15, while Skyworks rose $6.53, or 14.1 percent, to $52.87.

Banks have mostly reported strong second-quarter results, including Citigroup and Goldman Sachs earlier this week. Huntington Bancshares was no exception, reporting stronger earnings and net interest income. Its shares added 45 cents, or 4.8 percent, to $9.75.

The second-quarter earnings season enters its busiest period next week, when the market will get financial results from companies including McDonald's, Apple, Boeing and AT&T.

Among other stocks in the news Friday:

— Advanced Micro Devices sank after the chipmaker issued a revenue outlook for the current quarter that fell short of Wall Street's expectations. The company reported a narrower loss in its second quarter late Thursday. The stock fell 74 cents, or 16.2 percent, to $3.83.

An official said no charges have been sought against Joseph O'Donnell in the discovery of the human remains, but authorities are conducting a criminal investigation.

DENISE LAVOIE, Associated Press

BOSTON (AP) — An unlicensed funeral director accused of stealing more than $12,000 from an elderly couple could face more charges after authorities found 12 bodies and the cremated remains of more than 40 others in two self-storage units he rented, authorities said Friday.

Joseph OâDonnellAP 

Suffolk District Attorney Daniel Conley said no foul play is suspected and investigators were working to identify the remains.

Conley's spokesman, Jake Wark, said no charges have been sought against O'Donnell in the discovery of the human remains, but authorities are conducting a criminal investigation. O'Donnell's funeral director's license lapsed in 2008.

His attorney, Paul Tomasetti, did not immediately return a call seeking comment. A message was left at his office.

O'Donnell was charged with larceny in April. Authorities said he took more than $12,000 in pre-payments from an elderly couple to cover two future funerals. Later, when the couple asked to apply one payment to another family member who had died, they learned that O'Donnell's funeral home had closed and O'Donnell was unable to return their money, investigators said.

Wark said the mere possession of cremated remains is not a crime. "But the presence of so many does give us some concern, given his alleged behavior in connection with the theft of funeral payments," he said.

The discovery of the bodies in Weymouth, Wark said, is "a much more serious set of circumstances."

O'Donnell had a previously scheduled pre-trial hearing in the larceny case Friday. He waived his appearance, and the case was continued until Aug. 29.

April Hopkins, a Randolph woman who said she paid O'Donnell thousands of dollars to
cremate her son, mother and granddaughter in 2011 and 2012, said she was angry when she heard about the cremated remains found in Somerville. She said she is now unsure whether the cremated remains she has in her house are those of her loved ones or not.

Hopkins went to Dorchester Municipal Court Friday to try to get more information about the remains found in the storage facilities.

"I'm devastated. I am very upset because I really put a lot of trust in this man," Hopkins said. "Is one of those bodies my mom? Is one of the bodies my son? Who's to say?"

Dahria Williams-Fernandes, a Boston funeral home director and member of the state Division of Professional Licensure's Board of Funeral Services and Embalming, said it's a violation of professional regulations to put bodies in self-storage units.

"It's clear-cut," she said. "There's no way we'd ever be placing an individual in a storage unit for any period of time. They should never be out of our possession."

The New England Patriots' attorney says 34 text messages between coach Bill Belichick and former tight end Aaron Hernandez were provided to Massachusetts prosecutors investigating a 2013 killing in which Hernandez is charged.

BOSTON — The New England Patriots' attorney says 34 text messages between coach Bill Belichick and former tight end Aaron Hernandez were provided to Massachusetts prosecutors investigating a 2013 killing in which Hernandez is charged.

Andrew Phelan said Friday it's important to clarify the material listed in court documents this week as 33 pages of texts. Phelan says he doesn't know how the texts between December 2012 and April 2013 were displayed.

The Patriots released this statement by Phelan:

"Earlier this week, a report indicated that an exchange of text messages between the team's head coach and Mr. Hernandez totaled 33 pages. While it is unknown how the texts were printed or displayed, I thought it was important to clarify that during an early investigation conducted by state prosecutors, the team produced a total of 34 text messages (not pages of texts) spanning a period of five months (December 2012 – April 2013) between the head coach and Mr. Hernandez."

Hernandez has pleaded not guilty to murder in the killing of semi-pro football player Odin Lloyd, whose body was found near Hernandez's North Attleborough home.

The messages were on a list of discovery documents prosecutors gave Hernandez's attorneys. Also listed were statements Belichick and team owner Robert Kraft gave police.

Hernandez also has pleaded not guilty to killing two other men in 2012.

Peter Carvalho is charged with first-degree murder in connection with the May 21 shooting death of Richardson on Dudley Street.

 

BOSTON - A 26-year-old Dorchester man accused of killing Shannon Richardson, 25, in May, is expected to appear in court next week for his arraignment following his indictment by a grand jury, Suffolk District Attorney Daniel F. Conley announced.

Peter Carvalho is charged with first-degree murder in connection with the May 21 shooting death of Richardson on Dudley Street. A Suffolk County Grand Jury returned
an indictment against Carvalho on July 9.

He is scheduled to appear in court to be arraigned on the charge Monday in Suffolk Superior Court.

Richardson was shot multiple times as he walked down the street. He collapsed in a nearby store and died later at Boston Medical Center.

Carvalho was arrested shortly after the shooting.

Two Boston Police officers patrolling the area saw Carvalho running in the area of the shooting while clutching his waistband, and recognized this from their training as someone running with a gun in their pants, officials said. The police chased after him and Carvalho ran into the store where Richardson lay dying.

The Obama administration is reopening the Eastern Seaboard to offshore oil and gas exploration, approving seismic surveys using sonic cannons that can pinpoint energy deposits deep beneath the ocean floor.

By JASON DEAREN

ST. AUGUSTINE BEACH, Fla. — The Obama administration is reopening the Eastern Seaboard to offshore oil and gas exploration, approving seismic surveys using sonic cannons that can pinpoint energy deposits deep beneath the ocean floor.

Friday's announcement is the first real step toward what could be a transformation in coastal states, creating thousands of jobs to support a new energy infrastructure. But it dismayed environmentalists and people who owe their livelihoods to fisheries and tourism.

The cannons create noise pollution in waters shared by whales, dolphins and turtles, sending sound waves many times louder than a jet engine reverberating through the deep every ten seconds for weeks at a time. Arguing that endangered species could be harmed was the environmental groups' best hope for extending a decades-old ban against drilling off the U.S. Atlantic coast.

The U.S. Bureau of Ocean Energy Management acknowledged that thousands of sea creatures will be harmed even as it approved opening the outer continental shelf from Delaware to Florida to exploration. Energy companies need the data as they prepare to apply for drilling leases in 2018, when current congressional limits expire.

"The bureau's decision reflects a carefully analyzed and balanced approach that will allow us to increase our understanding of potential offshore resources while protecting the human, marine, and coastal environments," acting BOEM Director Walter Cruickshank said in a statement.

Sonic cannons are already used in the western Gulf of Mexico, off Alaska and in other offshore oil operations around the world. They are towed behind boats, sending down pulses of sound that reverberate beneath the sea floor and rebound to the surface. Hydrophones capture the results, which computers translate into high resolution, three-dimensional images.

"It's like a sonogram of the Earth," said Andy Radford, a petroleum engineer at the American Petroleum Institute, an oil and gas trade association in Washington DC. "You can't see the oil and gas, but you can see the structures in the Earth that might hold oil and gas."

The surveys also can map marine habitats and identify solid undersea flooring for wind energy turbines. But fossil fuel mostly funds this research, and corporations keep the data secret, disclosing it only to the government.

"They paid for it, so I can see why they don't want to share. These things are not cheap," said John Jaeger, a University of Florida geology professor.

Oil lobbyists say drilling for the estimated 4.72 billion barrels of recoverable oil and 37.51 trillion cubic feet of natural gas that lies beneath federal waters from Florida to Maine could generate $195 billion in investment and spending between 2017 and 2035, contributing $23.5 billion per year to the economy.

These estimates describe the total amount of energy "technically recoverable" from the nation's outer continental shelf, but the Atlantic seabed from New Jersey through New England remains off limits for now. While some states have passed drilling bans, Virginia and the Carolinas asked for the surveys, bureau officials explained Friday.

"I honestly feel we can go offshore and harvest the energy that's out there," said South Carolina state Sen. Paul Campbell. "I think we're kind of foolish not to."

In any case, the area to be mapped is farther offshore in federal waters, beyond the reach of state law.

The sonic cannons are often fired continually for weeks or months, and multiple mapping projects may operate simultaneously. To get permits, companies will need to have whale-spotting observers onboard and do undersea acoustic tests to avoid nearby species. Certain habitats will be closed during birthing or feeding seasons.

Still, underwater microphones have picked up blasts from these sonic cannons over distances of thousands of miles, and the constant banging — amplified in water by orders of magnitude — will be impossible for many species to avoid.

Whales and dolphins depend on being able to hear their own much less powerful echolocation to feed, communicate and keep in touch with their family groups across hundreds of miles. Even fish and crabs navigate and communicate by sound, said Grant Gilmore, an expert on fish ecology in Vero Beach, Fla.

"We don't know what the physiological effects are. It could be permanent hearing damage in many of these creatures just by one encounter with a high-energy signal," Gilmore said.

More than 120,000 comments were sent to the government, which spent years developing these rules. The bureau's environmental impact study estimates that more than 138,000 sea creatures could be harmed, including nine of the world's remaining 500 north Atlantic right whales.

These whales give birth and breed off the coast of Florida, Georgia and the Carolinas.

"Once they can't hear -- and that's the risk that comes with seismic testing -- they are pretty much done for," said Katie Zimmerman, a spokeswoman for the South Carolina Coastal Conservation League based in Charleston, S.C.

"Even if there were oil out there, do we really want that? Do we really want to see these offshore rigs set up?" she asked.

By federal law, scientists can't approach marine mammals without following careful protocols, and yet this decision will pervade their environment with noise pollution that could have a long-term impact on their population, said Scott Kraus, a right whale expert at the John H. Prescott Marine Laboratory in Boston.

"No one has been allowed to test anything like this on right whales," Kraus said. "(The Obama administration) has authorized a giant experiment on right whales that this country would never allow researchers to do."

Some exploratory wells were drilled before the U.S. Atlantic seabed was closed to exploration in the 1980s, but they never produced much. The latest seismic technology should change that.

"One thing we find is, the more you get out and drill and explore to confirm what you see in the seismic -- you end up finding more oil and gas than what you think is out there when you started," Radford said.

More than 16 communities from Florida to New Jersey passed resolutions opposing or raising concerns about seismic testing and offshore drilling. In north Florida's St. Augustine Beach, tourism and fishing fuel the economy, and rare turtles come ashore to lay eggs.

"Florida has already felt the devastating effects of an uncontrolled oil release with the Deepwater Horizon event of which cleanup efforts are still on-going," said John Morris, a county commissioner whose constituency includes the beach town. "Any oil spill, large or small, off the coast of St. Johns County, would greatly affect the county's economy."

Both U.S. senators from Massachusetts have come out in support of an offer by Gov. Deval Patrick to temporarily host unaccompanied youths who crossed the border illegally at military bases in Massachusetts.

SPRINGFIELD — Both U.S. senators from Massachusetts have come out in support of an offer by Gov. Deval Patrick to temporarily host unaccompanied youths who crossed the border illegally at military bases in Massachusetts.

On Friday, Patrick held a press conference announcing he had answered a federal call for assistance as he offered Westover Air Reserve Base in Chicopee and Camp Edwards on Cape Cod to potentially host up to 1,000 unaccompanied young people caught illegally entering the county. The problem has been in the spotlight recently as violence and the perception that unaccompanied illegal youths would be permitted to stay has prompted an influx of young people crossing the border illegally, many from Central American countries.

Sen. Elizabeth Warren, D-Mass., said that answering the call is the right thing to do.

"These kids are at real risk and we need to do everything we can to make sure they are not harmed or in danger," Warren said in a statement. "I agree with Pope Francis that this is a humanitarian crisis, and I believe every state that can help, should help."

Sen. Ed Markey, also a Massachusetts Democrat, said the need to find temporary housing for the estimated 50,000 illegal youths in detention is immediate and constitutes a humanitarian crisis. He applauded Patrick's efforts to ensure the youths are temporarily care for in the commonwealth as they await immigration status hearings.

"These children are coming from unstable areas and have experienced loss and hunger, often times violence and even exploitation. We have to take humane, reasonable steps to help and protect them while we process them for the next step," Markey said in a statement.

Although the influx of young people illegally making the dangerous trek to cross the southern U.S. border is seen as a problem in itself, it is actually a symptom of a larger problem. Gang-related violence, much of it tied to the international drug trade, has pushed families in El Salvador, Guatemala and Honduras to send children to the United States with the hopes that as unaccompanied young people, they will be allowed to stay.

Federal officials are looking at how to best curb the tide of young people illegally walking across the border while elected officials in Washington continue the conversation around the need for reform of the country's immigration policies.

"Ultimately, we need to pass comprehensive immigration reform; we shouldn’t only address pieces of this crisis. The only way we can address what is going on at the border now is to look at the immigration process as a whole and enact a comprehensive solution," Markey said. "The Senate passed a comprehensive immigration reform bill just over one year ago. It is time for Republicans in the House to stop their opposition and bring the bill to the floor for debate and a vote."

Patrick's proposal to house the unaccompanied illegal youths is far from becoming approved. A potential site, such as one of the military bases, would have to be approved by the federal government for such use and a Congressional appropriations bill would have to pass in Washington to fund the life-sustaining care the youths would receive until immigration officials decided if they qualify for asylum, should be brought to live with family in the U.S. or if they will be cued up for deportation.

The best and final offer Wynn Resorts made to Boston for being a surrounding community to its planned Everett resort casino included $2.6 million annually as well as $1 million in an upfront lump sum payment and an additional $5 million in transportation improvements.

BOSTON — The best and final offer Wynn Resorts made to Boston for being a surrounding community to its planned Everett resort casino included $2.6 million annually as well as $1 million in an upfront lump sum payment and an additional $5 million in transportation improvements.

The deal was never agreed to by the city when it was offered to Boston in July. Boston Mayor Martin J. Walsh elected to avoid the arbitration process and allow the Massachusetts Gaming Commission to determine what the city should receive from Wynn.

The terms of the surrounding community agreement were released Friday to local media outlets through public records requests.

The rejected Wynn deal is smaller than the deal Boston agreed to with Mohegan Sun that will pay the city $18 million per year if a casino is built at Suffolk Downs. The terms of the Mohegan Sun-Boston surrounding community agreement call for approximately $300 million in payments to Boston over the course of 15 years. The deal Wynn offered Boston is larger than any of the surrounding community agreements they signed with other communities. Wynn signed a deal with Medford that will pay the city $900,000 annually in mitigation payments.

The deal includes provisions that call for Wynn to spend $15 million annually on goods and services from Boston-based businesses and provide preferential hiring to Boston residents.

The $5 million in infrastructure improvements in the deal focused on Sullivan Square and Charlestown. An additional $250,000 was committed by Wynn in the deal to pay for a water shuttle between the casino and the South Boston waterfront. The bulk of the annual payments were slated for infrastructure and public safety services for Boston.

"Consistent with our practice, we followed the applicable regulation to create a package which mitigates the actual and true impacts of our project and is almost three times the value of our largest existing Surrounding Community Agreement," said Wynn Senior Vice President Michael Weaver.

When Walsh and Mohegan Sun initially announced the deal last week, Walsh said the annual deal Wynn offered the city was just $600,000.

Requests for comment from Walsh's office and Mohegan Sun were not immediately returned before press time.

The commission is scheduled to meet next week on the mitigation payment situation for Boston and Wynn. The lone resort casino license for eastern Massachusetts is expected to be awarded as early as late August though a ballot question calling for the repeal of the state's casino law clouds the future of gaming in the state.
'

Wynn Best And Final Offer To Boston

the rally encouraged residents to report criminal activity to the police.

SPRINGFIELD - More than two dozen people took to the streets of Springfield and the steps of City Hall Saturday for a march against violence organized by Iglesias Odres Nuevo, New England International Chaplaincy and Odres Nuevos Outreach.

"We need to do better for our children," said the Rev. Ronny Sanchez through his translator, co-pastor and wife Marie Elsie Sanchez. "We need to do better for the future of this city. I beg for forgiveness because I have failed for the city. I beg for forgiveness for the politicians and leaders for they have failed for the city."

The march came as a response to a disturbing spate of violence in Springfield in the past few months. There have been six homicides in Springfield this year, four in May and June alone.

"You need to love each other," he said. "Love your neighbor. Love that gang member. That's why joined that gang anyway, to feel like they belonged to something."

The program started with a rally at the church, 130 Union St., then a march to City Hall. children carried signs imploring an end to gang violence and an end to the suffering it causes.

Those in attendance were told to report crimes they see to Springfield police using text-a-tip by sending a text to "Crimes" or 274637, beginning with the word "Solve."

"I want people to come out  so we can educate them," said Springfield resident Gilberto Rolon. "Because it doesn't have to be this way. No one wants to see young people die."

From the podium, invited speaker Jennifer Diaz, also of Springfield, told of the childhood and domestic abuse she suffered and her struggles raising her family. It wasn't hard, she said afterward, to bare her sometimes painful life in public.

"Because God gave me that voice," Diaz said afterward. "My message today is that everyone needs to be listened to, everyone needs to be respected. If we did that, we wouldn't have all these kinds of problems."

No one was injured after a single-engine plane overshot the runway at an airport in Falmouth.

FALMOUTH, Mass. (AP) -- No one was injured after a single-engine plane overshot the runway at an airport in Falmouth.

The Cape Cod Times reports an emergency call reporting a crash came from the privately owned Falmouth Airpark shortly before 11 a.m. Saturday.

The two people who had been on the plane, a husband and wife, were out and walking around by the time rescue personnel arrived. They declined to be taken to a hospital.

The pilot told rescuers he had overshot the runway. The fire department and a towing company were at the scene Saturday afternoon moving the aircraft, which had minor damage.

Falmouth Fire Lt. Chad Absten described the crash as relatively minor.

2/11/01-Brian McDermott-photo-hfctBob Beede of Falmouth pushes his airplane away from the gas pump in preperation for take-off from the Northampton Airport yesterday afternoon. With seven years of flying experience, Beede decided to take the plane up on Sunday because it was "too cold to go skiing."Brian McDermott 

Massachusetts Gov. Deval Patrick is continuing to rake in donations for his political action committee.

BOSTON (AP) — Massachusetts Gov. Deval Patrick is continuing to rake in donations for his political action committee.

During the past three months, Patrick raised more than $127,000 for his Together PAC. The year-to-date total tops $220,000.

Patrick, who has said he isn't immediately seeking any political office after he ends his second term as governor in January, has used the money to cover the salaries of committee staff and pay for travel.

In May, Patrick said longtime aide Brendan Ryan would be joining the PAC.

At the time, Patrick said the PAC had been active in the Texas governor's race on the Democratic side and in a Senate contest in Georgia.

Patrick has said he expects the PAC to operate through the end of this year and perhaps early 2015.

nternational monitors moved gingerly Saturday through fields reeking of the decomposing corpses of the victims of a Malaysian airliner shot down over rebel-held eastern Ukraine, trying to secure the sprawling site in hopes that a credible investigation of the disaster can be conducted.

HRABOVE, Ukraine -- International monitors moved gingerly Saturday through fields reeking of the decomposing corpses of the victims of a Malaysian airliner shot down over rebel-held eastern Ukraine, trying to secure the sprawling site in hopes that a credible investigation of the disaster can be conducted. 

The crash that killed all 298 people aboard the plane two days earlier intensified the already-high animosity on all sides of the conflict.

The Ukrainian government and separatist rebels accuse each other of shooting down the Boeing 777 with a surface-to-air missile. Many see the hand of Russia, either for its alleged support of the insurgents or perhaps firing the missile itself. The crash site is near the Russian border.

Amid wide calls for an international investigation, doubts arose about whether the evidence was being compromised before inspectors ever reach the scene.

Russian President Vladimir Putin and German Chancellor Angela Merkel agreed in a phone call on Saturday that the sides should enter talks and stop fighting, according to a Kremlin statement. Russian Foreign Minister Sergey Lavrov and U.S. counterpart John Kerry took a similar view, a Foreign Ministry statement said.

At an emergency meeting of the U.N. Security Council on Friday, the U.S. pointed blame at the separatists, saying Washington believes the jetliner likely was downed by an SA-11 missile and "we cannot rule out technical assistance from Russian personnel."

The government in Kiev said militiamen have removed 38 bodies from the crash site and have taken them to the rebel-held city of Donetsk. It said the bodies were transported with the assistance of specialists with distinct Russian accents.

 

The rebels are also "seeking large transports to carry away plane fragments to Russia," the Ukrainian government said Saturday.

In Donetsk, separatist leader Alexander Borodai denied that any bodies had been transferred or that the rebels had in any way interfered with the work of observers. He said he encouraged the involvement of the international community in assisting with the cleanup before the conditions of the bodies worsens significantly.

Ukraine called on Moscow to insist that the pro-Russia rebels grant international experts the ability to conduct a thorough, impartial investigation into the downing of the plane -- echoing a demand that President Barack Obama issued a day earlier from Washington.

On Saturday, in the village of Hrabove, one passenger's body was seen still strapped into an airline seat, with bare toes peeking out under long jeans. Another body was flung face-up into a field of blue flowers.

Treatment of the victims' remains, left in the open air under a hot summer sun punctuated by bursts of rainfall, has provoked outrage and distress.

"The news we got today of the bodies being dragged around, of the site not being treated properly, has really created a shock in the Netherlands," Dutch Foreign Minister Frans Timmermans told the Ukrainian president in Kiev. "People are angry, are furious at what they hear."

Timmermans demanded the culprits be found.

"Once we have the proof, we will not stop until the people are brought to justice," he said.

Merkel and Putin agreed on Saturday that an independent, international commission led by the International Civil Aviation Organization, ICAO, should be granted swift access to the crash site, German government spokesman Georg Streiter and the Kremlin said.

The commission should examine the circumstances of the crash and recover the victims, said Streiter, adding that Merkel urged Putin to use his influence over the separatists to make that happen.

British Foreign Secretary Philip Hammond said in a video statement the international community is demanding separatists provide free access to the crash site, that the victims' bodies are properly recovered and the evidence is secured.

"Russia has a key role to play in that through its influence on the separatists and the world's eyes will be on Russia to see that she delivers on her obligations over the next few hours," he said.

In the Netherlands, forensic teams fanned out across the country Saturday to collect material, including DNA samples, which will help positively identify the remains of the 192 Dutch victims.

Police said in a tweet that 40 pairs of detectives from the National Forensic Investigations Team would be visiting victims' relatives over the coming days.

The location of the black boxes remains a mystery and the separatist leadership remained adamant Saturday that it hadn't located them.

A spokesman for the Organization for Security and Co-operation in Europe's monitoring mission in Ukraine, which has a 24-member delegation that was given limited access to the crash site, also said he had received no information on their whereabouts.

Aviation experts say, however, not to expect too much from the flight data and cockpit voice recorders in understanding how Flight 17 was brought down.

The most useful evidence that's likely to come from the crash scene is whether missile pieces can be found in the trail of debris that came down as the plane exploded, said John Goglia, a U.S. aviation safety expert and former National Transportation Safety Board member.

The operation of Flight 17 doesn't appear to be an issue, he said.

Obama called the downing of the plane "a global tragedy."

"An Asian airliner was destroyed in European skies filled with citizens from many countries, so there has to be a credible international investigation into what happened," he said.

Malaysia Airlines, meanwhile, said Saturday it has no immediate plans to fly victims' relatives to visit the crash site in Ukraine because of security concerns.

A spokesman for the airline says next of kin are being cared for in Amsterdam while a team from the carrier, including security officials, was in Ukraine assessing the situation.

In the Netherlands, travelers flying out of Amsterdam's Schiphol Airport laid flowers and signed a condolence book before boarding their flights Saturday, including those on the latest Malaysia Airlines Flight 17 to Kuala Lumpur.

The 13 U.S. states that raised their minimum wages at the beginning of this year are adding jobs at a faster pace than those that did not, providing some counter-intuitive fuel to the debate over what impact a higher minimum has on hiring trends.

By CHRISTOPHER S. RUGABER, AP Economics Writer

WASHINGTON (AP) — Maybe a higher minimum wage isn't so bad for job growth after all.

The 13 U.S. states that raised their minimum wages at the beginning of this year are adding jobs at a faster pace than those that did not, providing some counter-intuitive fuel to the debate over what impact a higher minimum has on hiring trends.

Many business groups argue that raising the minimum wage discourages job growth by increasing the cost of hiring. A Congressional Budget Office report earlier this year lent some support for that view. It found that a minimum wage of $10.10 an hour, as President Obama supports, could cost 500,000 jobs nationwide.

But the state-by-state hiring data, released Friday by the Labor Department, provides ammunition to those who disagree. Economists who support a higher minimum say the figures are encouraging, though they acknowledge they don't establish a cause and effect. There are many possible reasons hiring might accelerate in a particular state.

"It raises serious questions about the claims that a raise in the minimum wage is a jobs disaster," said John Schmitt, a senior economist at the liberal Center for Economic and Policy Research. The job data "isn't definitive," he added, but is "probably a reasonable first cut at what's going on."

Just last week, Obama cited the better performance by the 13 states in support of his proposal for boosting the minimum wage nationwide.

"When ... you raise the minimum wage, you give a bigger chance to folks who are climbing the ladder, working hard.... And the whole economy does better, including businesses," Obama said in Denver.

In the 13 states that boosted their minimums at the beginning of the year, the number of jobs grew an average of 0.85 percent from January through June. The average for the other 37 states was 0.61 percent.

Nine of the 13 states increased their minimum wages automatically in line with inflation: Arizona, Colorado, Florida, Missouri, Montana, Ohio, Oregon, Vermont and Washington. Four more states — Connecticut, New Jersey, New York and Rhode Island — approved legislation mandating the increases.

Twelve of those states have seen job growth this year, while employment in Vermont has been flat. The number of jobs in Florida has risen 1.6 percent this year, the most of the 13 states with higher minimums. Its minimum rose to $7.93 an hour from $7.79 last year.

Some economists argue that six months of data isn't enough to draw conclusions.

"It's too early to tell," said Stan Veuger, a scholar at the American Enterprise Institute. "These states are very different along all kinds of dimensions."

For example, the number of jobs in North Dakota — which didn't raise the minimum wage and has prospered because of a boom in oil and gas drilling — rose 2.8 percent since the start of this year, the most of any state.

But job growth in the aging industrial state of Ohio was just 0.7 percent after its minimum rose to $7.95 from $7.85. The federal minimum wage is $7.25.

Veuger, one of the 500 economists who signed a letter in March opposed to an increase in the federal minimum, said the higher wages should over time cause employers to hire fewer workers. They may also replace them with new technologies.

The Congressional Budget Office cited those factors in its February report. But in addition to job losses, the CBO also said a higher minimum could boost paychecks for another 16.5 million workers.

Sylvia Allegretto, an economist at the University of California, Berkeley, said that research comparing counties in states that raised their minimums with neighboring counties in states that did not has found no negative impact on employment.

Restaurants and other low-wage employers may have other ways of offsetting the cost of higher wages, aside from cutting back on hiring, she said. Higher pay can reduce staff turnover and save on hiring and training costs.

State and local governments have become increasingly active on the issue as the federal minimum wage has remained unchanged for five years. Twenty-two states currently have higher minimums than the federal requirement.

And 38 states have considered minimum wage legislation this year, the most on record, according to the National Conference of State Legislatures. At least 16 will boost their minimums starting next year, the NCSL says.

The case pits plaintiff Don Lia against ECS consultants and Mass Electric.

NORTHAMPTON — A legal case regarding contaminated soil at the former Northampton Honda dealership on King Street could be headed to trial soon, five years after a civil lawsuit was filed in Hampshire Superior Court.

The case pits plaintiff Don T. Lia against both an environmental consulting firm and Massachusetts Electric Company, the former owner of a 1.65-acre parcel Lia purchased in 2001 to expand his dealership property at 171-187 King St.

The inches-thick docket begins with an initial complaint filed July 21, 2009, and contains numerous motions, answers, filings, and amendments.

What's described as a final pre-trial hearing on the lawsuit is scheduled for Tuesday, July 22.

Lia purchased the property north of his then-dealership building based upon a flawed 2001 environmental assessment by Environmental Compliance Services, Inc., the suit alleges. The ECS report identified no hazards and recommended no further investigations.

PCBs, heavy metals and hydrocarbon compounds were found on the site four years later when a group of unnamed prospective buyers hired a second environmental firm to assess the property, according to the suit.

A MassDEP filing identifies the developers as Berkshire-Noho LLC, a group that in 2007 gained local approval for a mixed-use development at the site. Months later, the group, being sued by an abuttor over potential traffic impacts, pulled the plug on the project for reasons that were never made public.

Lia charges that negligence by ECS has made it impossible for him to sell the land.

Under the Massachusetts law known as Chapter 21E, the owner of a property bears responsibility for environmental hazards, including the costs of any cleanup, regardless of the original source of the contamination.

The suit accuses ECS of negligence and breach of contract for allegedly submitting a flawed environmental site assessment. It also claims ECS made material errors in its dealings with MassDEP and in performing remediation activities at the site.

Lia is also asking a judge to determine that Mass Electric's operations relating to an adjacent substation are the source of the PCB contamination. Mass Electric maintains an electrical substation abutting the Lia property to the north.

The suit seeks damages to be determined at trial.

Lia purchased the the parcel from MEC in May, 2001 for $710,000, expanding his dealership property to 5.36 acres "with an eye toward possible expansion and real estate development," the Springfield Republican reported at the time.

The former Northampton Honda dealership showroom and garage are currently undergoing demolition, following a June 4 condemnation notice by the city's building commissioner. According to records, the site is now in compliance with a MassDEP consent order which requires Lia to maintain pavement over the site in order to protect the public from exposure.

City officials have said they would like to see the site developed.

The rate of HIV infections diagnosed in the United States each year fell by one-third over the past decade, a government study finds. Experts celebrated it as hopeful news that the AIDS epidemic may be slowing in the U.S.

NEW YORK -- The rate of HIV infections diagnosed in the United States each year fell by one-third over the past decade, a government study finds. Experts celebrated it as hopeful news that the AIDS epidemic may be slowing in the U.S.

"It's encouraging," said Patrick Sullivan, an Emory University AIDS researcher who was not involved in the study.

The reasons for the drop aren't clear. It might mean fewer new infections are occurring. Or that most infected people already have been diagnosed so more testing won't necessarily find many more cases.

"It could be we are approaching something of a 'ceiling effect,'" said one study leader, David Holtgrave of Johns Hopkins University.

The study was released online Saturday by the Journal of the American Medical Association. It is part of the journal's special report on HIV research, issued ahead of the International AIDS Conference that starts Sunday in Melbourne, Australia.

HIV is the virus that causes AIDS, which destroys the immune system. The World Health Organization estimates 35 million people globally have the virus. In the United States, 1.1 million people are thought to be infected, though many don't know it.

The study is based on HIV diagnoses from all 50 states' health departments, which get test results from doctors' office, clinics, hospitals and laboratories. The data span a decade, making this a larger and longer look at these trends than any previous study, said another study author, Amy Lansky of the federal Centers for Disease Control and Prevention.

The findings: 16 out of every 100,000 people ages 13 and older were newly diagnosed with HIV in 2011, a steady decline from 24 out of 100,000 people in 2002.

Declines were seen in the rates for men, women, whites, blacks, Hispanics, heterosexuals, injection drug users and most age groups. The only group in which diagnoses increased was gay and bisexual men, the study found.

The diagnosis rate is a direct measure of when people actually tested positive for the virus. The diagnoses may be identifying infections that happened recently or years before.

The study found diagnosis rates dropped even as the amount of testing rose. In 2006, the CDC recommended routine HIV testing for all Americans ages 13 to 64, saying an HIV test should be as common as a cholesterol check. The percentage of adults ever tested for HIV increased from 37 percent in 2000 to 45 percent in 2010, according to CDC data.

Lansky acknowledged that given the testing increases, the new findings may seem like a bit of a paradox. One might assume that "if more people get tested, you're more likely to find more people who are infected," she said.

But several factors could explain the decline.

One is Holgrave's 'ceiling effect' theory. Another is a possible ebb in new infections.

The CDC has been estimating about 50,000 new infections occur each year and that number has been holding steady in the past decade. That estimate comes from reports from 25 city and state health departments, joined with statistical modeling.

Lansky said maybe new infections are waning. Or maybe not, she and other experts said.

How could new infections be holding steady when diagnoses are falling? Perhaps the infection count might be buoyed by the expanding epidemic in young gay and bisexual men, said Sullivan, the Emory researcher.

Attorney General Martha Coakley is coming under increasing fire from her Democratic and Republican rivals in the governor's race over an agreement her office hammered out with Partners HealthCare, Massachusetts' largest hospital and physicians' network.

By STEVE LeBLANC, Associated Press

BOSTON (AP) — Attorney General Martha Coakley is coming under increasing fire from her Democratic and Republican rivals in the governor's race over an agreement her office hammered out with Partners HealthCare, Massachusetts' largest hospital and physicians' network.

Coakley said the deal resolves her antitrust investigation into Partners and fundamentally alters the organization's negotiating power for 10 years while barring Partners from raising its costs by more than the rate of inflation through 2020.

The deal paves the way for Partners to acquire South Shore Hospital and Hallmark Health Systems, which owns Lawrence Memorial Hospital in Medford and Melrose-Wakefield Hospital. Under the agreement, Partners would be blocked from additional hospital expansion in eastern Massachusetts, including Worcester County, for the next seven years unless Coakley's office reviews and approves the expansion.

The agreement, which must still be approved by a Suffolk Superior Court judge, quickly drew criticism — and not just from Coakley's political rivals.

The state's Health Policy Commission has said Partners' proposed takeover of Hallmark would reinforce Partners' market power, increase spending on medical care by up to $23 million per year and increase premiums for employers and consumers.

On Thursday, Coakley asked — and the court agreed — to delay a scheduled hearing on the proposed agreement until Sept. 29, after the release of the commission's final report. A spokesman said Coakley retains the option to renegotiate portions of this agreement relating to Hallmark.

"We have agreed to, in fact encouraged, the court to hear from competitors and others in the public," Coakley said. "The court's allowed for that, which I think is terrific."

Republican candidate Charlie Baker, former head of Harvard Pilgrim Health Care, said the agreement is too complicated and too hard to enforce.

He said the deal should have focused on two or three items, like requiring Partners to post the prices of their medical services and freezing any expansion of their physician network.

"That is not a hard agreement to enforce," he said. "I think it accomplishes many of the objectives that people have talked about wanting to accomplish."

The two Democrats Coakley is facing in the primary are also criticizing the deal.

Donald Berwick has called the deal "a disservice to the interests of patients, families, communities and businesses throughout our state" and said it will permit the expansion of Partners' market dominance in return for what he called "timid and unenforceable conditions of conduct."

Berwick, a former head of the federal Centers for Medicare and Medicaid Services, has started an online petition calling on the court to throw out the agreement.

State Treasurer Steven Grossman, who is also seeking the Democratic gubernatorial nomination, has argued that the Partners settlement will increase health care spending, reduce competition and drive up premiums for employers and consumers.

"At a time when families, businesses, and governments are desperately trying to lower health care costs, under the terms of this deal, we find ourselves discussing only how much they will rise and on which date they may rise further," Grossman wrote.

Independent gubernatorial hopeful Evan Falchuk, a former health care executive, said the agreement will let Partners continue its consolidation of the Massachusetts health care market.

A spokesman for Partners has said the agreement "supports our vision to provide more coordinated patient care, delivered closer to patients' homes in lower cost settings."

Democratic Gov. Deval Patrick, who isn't seeking re-election, said recently that he was concerned about keeping health care costs down but was waiting for more analysis before taking a position on the Partners merger.

"I want to be convinced that it doesn't add to health care costs," Patrick said.

Coakley has continued to defend the deal.

"We believe it is a sound and a substantially good agreement," Coakley said this week. "We welcome the court to listen to other people and weigh those things."

As four officers bring him down, Garner is heard gasping, "I can't breathe! I can't breathe!" The video shows one officer using his hands to push Garner's face into the sidewalk.

By VERENA DOBNIK & JAKE PEARSON, Associated Press

NEW YORK (AP) — The wife of a man who died after a police officer used an apparent chokehold to bring him to the ground during an arrest burst into tears Saturday at a Harlem rally in his honor.

An overcome Esaw Garner was escorted from the Rev. Al Sharpton's National Action Network headquarters in Harlem, which was packed with hundreds of people. But Sharpton said Thursday's death of 43-year-old Eric Garner while in custody could strain the black community's relationship with the New York Police Department.

"This is going to be a real test to see where policies are in the city now and whether the change that we feel occurred has occurred," Sharpton said, referring to promises made by Mayor Bill de Blasio and Police Commissioner William Bratton to improve the relationship between officers and the city's minority communities. "We are the only ones in the social setup that has to deal with fear of cops and robbers."

Garner, who was black, was confronted by police trying to arrest him on suspicion of selling untaxed, loose cigarettes on a Staten Island sidewalk, authorities said. The 6-foot-3, 350-pound Garner became irate, denying the charges and refusing to be handcuffed before one of the officers placed him in what Bratton said appeared to be a chokehold, according to partial video of the encounter obtained by the New York Daily News.

The tactic, which can be fatal, is prohibited by departmental policy.

In the video, Garner, who has been arrested for selling illegal cigarettes numerous times in recent years, says he hasn't done anything wrong.

"Every time you see me, you want to mess with me. I'm tired of it. It stops today," Garner shouts. "I'm minding my business. Please just leave me alone."

As four officers bring him down, Garner is heard gasping, "I can't breathe! I can't breathe!" The video shows one officer using his hands to push Garner's face into the sidewalk.

Prosecutors and internal affairs detectives are investigating the death of the father of six and grandfather of two; authorities believe he suffered a heart attack. De Blasio has called the circumstances of his death "very troubling."

More tests are needed to determine the exact cause and manner of Garner's death, a spokeswoman for the medical examiner's office said.

The mayor's commissioner for community affairs attended the rally and stressed the administration's commitment to strengthening police and community relations.

"We've said from the beginning: Police work best when they have the respect from the community," Marco Carrion said, adding that it's an ongoing process to try to improve the relationship between the NYPD and various communities.

Garner's death evoked memories of a similar incident 20 years ago that likewise sparked outrage.

Police officer Francis Livoti was dismissed from the NYPD and convicted by a federal jury of violating the civil rights of a Bronx man who died after Livoti apparently used a chokehold on him in 1994. Livoti has denied he used a chokehold, insisting Anthony Baez died from an asthma attack. The case remains one of the most high-profile allegations of police brutality in city history.

A funeral for Garner, who went by the nickname Big E, will be held Wednesday at the Bethel Baptist Church in Brooklyn. Another rally on Staten Island is planned for Saturday afternoon.

___

Associated Press writer Rachelle Blidner contributed to this report.

Perry, 64, hasn't said if he plans to run again in 2016. But he's clearly considering it, and is meeting Saturday and Sunday with veterans and conservative activists in the northern Iowa communities of Algona and Clear Lake.

DES MOINES, Iowa -- Texas Gov. Rick Perry is visiting Iowa for the fourth time in eight months, hoping for a second chance to win over Republican voters who delivered him a stinging caucus loss when he ran for president two years ago.

Perry, 64, hasn't said if he plans to run again in 2016. But he's clearly considering it, and is meeting Saturday and Sunday with veterans and conservative activists in the northern Iowa communities of Algona and Clear Lake.

"Our nominee normally has done this more than once. I think this goes back to that issue of experience. Experience matters and by and large it helps," Perry said Saturday evening, during a break from greeting the more than 200 people gathered for a dinner at Algona High School. "America is all about giving second chances," he added.

Perry has been raising funds for GOP candidates and seeking advice from political insiders since November. He is signaling that he's committed to the grassroots politicking that Iowa's Republican faithful expect and that many felt he didn't prioritize when he ran two years ago.

Whether Iowa voters give Perry a second chance remains to be seen. GOP activist Julie Clark of Estherville said she thought Perry -- a relatively late entry into the 2012 race -- could make a comeback in the state whose caucus kicks off the presidential primary season. Clark helped organize the Algona event.

"He's a successful governor and a lot of people here liked him when he was running. We're pretty conservative," Clark said of voters in northern Iowa. "We would have supported him to the end."

But Connie Schmett, a longtime Republican party activist from Clive, isn't convinced. Although she likes Perry personally, she said she just can't see herself supporting him in a second bid for president after his ruinous debate performances.

"I love him to death, but I just can't," said Schmett. "You cannot undo that impression. And that's sad."

The crowd Saturday night responded enthusiastically to Perry's roughly 15-minute speech. Perry heaped praise on his fellow GOP governors, especially Iowa Gov. Terry Branstad, and forcefully criticized President Barack Obama's response to the recent flood of unaccompanied child immigrants that has overwhelmed authorities in Texas.

"We know how to secure the border. If the federal government will not do its duty then I will suggest to you that the state of Texas will," said Perry, as the crowd leapt to their feet in applause.

Perry became Texas' governor in 2000 when then-Gov. George W. Bush became president. He has been elected to full four-year terms three times -- becoming the longest-serving governor in Texas history -- but is not seeking re-election next year.

Perry's last presidential campaign began with great promise but quickly faltered. He parachuted into the race relatively late, in August 2011, but swiftly went from being a front-runner to an also-ran because of a series of gaffes and poor debate performances -- most notably his "oops" moment, when he could only list two of the three federal agencies he said he would close if elected president.

Perry aides have said he simply wasn't prepared when he entered the last presidential race, which was already well underway. They blamed his poor debate showings on a busy schedule -- Perry was wrapping up a Texas legislative session -- and pain medication he was taking following recent back surgery.

After finishing fifth in the Iowa caucus and sixth in New Hampshire's primary, Perry quit the race.

"I was disappointed for him. He didn't have as good of a showing as he could have or should have," said Hamilton County GOP chairman Mark Greenfield, who backed Perry in 2012.

Greenfield said he wasn't sure that he would support Perry again, but said the governor is making the right moves for another run.

"Definitely the grassroots are what wins the caucuses and getting here early, that makes a huge difference," Greenfield said.

Several other prominent Republicans are also testing Iowa's political waters, including New Jersey Gov. Chris Christie, who visited the state Thursday, Kentucky Sen. Rand Paul, Texas Sen. Ted Cruz, Louisiana Gov. Bobby Jindal and former Pennsylvania Sen. Rick Santorum.

Although it may be hard for Perry to overcome the image he left voters with two years ago, his supporters say it's possible.

Robert Haus, who advised Perry in Iowa in 2012 and is doing so again, said the governor has the opportunity to do things differently this time. He said Perry is coming to stump for Iowa candidates, to speak to activists and better get to know the state. Perry will be back in early August for a forum sponsored by an influential conservative policy group.

"I think the luxury he has now that he didn't have in 2011 and 2012 is time. By his own admission, he got in late," Haus said. "I think people are very open to second chances. I think the measure of a candidate is what you do after adversity. Do you curl up or do you learn from your mistakes?"

Israeli bulldozers on Saturday demolished more than a dozen tunnels the military said were being used by Hamas gunmen to sneak beneath the southern border of the Jewish state and carry out attacks on its soldiers and civilians.

GAZA CITY, Gaza Strip -- Israeli bulldozers on Saturday demolished more than a dozen tunnels the military said were being used by Hamas gunmen to sneak beneath the southern border of the Jewish state and carry out attacks on its soldiers and civilians.

Palestinians reported intensified airstrikes and shelling as the death toll from Israel's ground offensive rose to at least 342 Palestinians, including many civilians. Five Israelis -- three soldiers and two civilians -- have also been killed since the fighting began more than 10 days ago, and dozens of Israelis have been injured as Gaza rockets continue to rain down on Israeli cities.

Israeli soldiers uncovered 34 shafts leading into about a dozen underground tunnels, some as deep as 30 meters (yards), the military said. Israel views the tunnels as a strategic threat, and demolishing them is a high priority in their campaign.

Still, Palestinian gunmen disguised in Israeli uniforms managed to infiltrate Israel from Gaza using another tunnel and on Saturday killed two Israeli soldiers and injured several others, the military said. At least one Palestinian was killed in the clash.

Hamas said 12 of its fighters participated in the attack and that the group took some of the soldiers' weapons back to their hideouts.

In two other confrontations, Palestinian gunmen jumped out of tunnels and shot at soldiers who returned fire. Two of the gunmen were killed. Another militant died when the explosive vest he was wearing went off, the military said.

In one instance, the militants were found with tranquilizers and handcuffs, indicating they "intended to abduct Israelis," according to the military.

It was the second day that Palestinians had used their network of underground tunnels to penetrate Israel in the current round of fighting. Israel embarked on its ground offensive on Thursday, the same day 13 heavily armed Palestinians sneaked through a tunnel from Gaza and emerged inside Israel near a southern community. The militants were killed by an airstrike after they popped out of the tunnel.

Clashes persisted into late Saturday, with heavy fighting reported in several parts of Gaza.

Shimon Daniel, a retired brigadier general and former head of the Israeli military's engineer corps, said the military knew that Hamas had a large number of tunnels designed to assault Israel.

"I think finding 13 tunnels in such a short time is a great achievement," he told Channel 10 TV.

He said demolishing the tunnels is dangerous. Troops must assume the passages are booby trapped. Soldiers first close off the area and check for additional openings. Then robots go inside to look around, he said.

After that, the tunnels are destroyed either by special explosives or by heavy equipment. It can take up to 12 hours to destroy each tunnel.

"These tunnels aren't for hiding. They are intended for large attacks in Israeli communities and army bases," chief military spokesman Brig. Gen. Moti Almoz said.

Footage released by the Israeli military showed tunnels being demolished by army excavators and other equipment on the ground and by airstrikes from above.

Gaza Health Ministry spokesman Ashraf al-Kidra said the new round of airstrikes raised the death toll.

In Israel, a Gaza rocket killed a man near the southern city of Dimona and wounded four people, police said, marking the second Israeli civilian casualty from the fighting. An Israeli soldier was killed after the start of the ground operation, probably from friendly fire. Another Israeli civilian was killed earlier in the week when a mortar fired from Gaza exploded as he was delivering food to soldiers stationed on the Israeli side of the border.

Casualties could mount quickly if the military moves deeper into urban areas.

Some 50,000 Palestinians are already staying in United Nations shelters, according to UNRWA, the U.N. refugee agency for Palestinians.

Early Saturday, Israeli tank fire killed at least five members of the Al Zawaydi family at their home in Beit Lahiya, including two children. In a separate incident, tank shell fire killed three members of the Hamooda family in their home, among them two children.

In Gaza City, two boys and a 12-month-old neighbor were killed Friday evening following the break of the Ramadan fast.

Gaza residents reported that several houses had been hit by tank fire. Ambulances evacuated about 20 people to hospital. Gaza municipality said a water mains had been damaged in the fighting cutting off water in some areas and parts of Gaza haven't had electricity since the day before.

Israel says it is going to great lengths to avoid civilian casualties and blames them on Hamas, accusing it of firing from within residential neighborhoods and using civilians as "human shields."

Human rights activists say past confrontations have shown that when Israeli carries out attacks in densely populated Palestinian areas, civilian deaths are inevitable.

The military said it has hit more than 2,500 targets in Gaza, including 1,100 rocket launchers, during the 12 days of fighting. It said that some 70 militants were killed and another 13 brought to Israel for questioning.

Gaza militants have fired more than 1,760 rockets at Israeli cities since July 8, the military said.

The military said also it had received intelligence reports that Palestinians had strapped explosives to animals and intended to send them toward soldiers. A donkey laden with explosives approached soldiers later on and blew up causing no injuries, it said.

Israel's ground attack came after it became increasingly exasperated with rocket fire from Gaza, especially after Hamas rejected an Egyptian cease-fire plan earlier in the week.

Egyptian Foreign Minister Sameh Shukri on Saturday repeated a call for the two sides to adopt the cease-fire, saying it is the only offer on the table, despite efforts from Hamas backers Turkey and Qatar to broker a deal.

"It meets the needs of both sides," he said. "We will continue to propose it. We hope both sides accept it."

In a fresh effort to broker a truce, U.N. Secretary-General Ban Ki-moon left Saturday for the Middle East to help mediate the Gaza conflict. Ban was to arrive Sunday in Qatar and then travel to Kuwait City, Cairo, Jerusalem, Ramallah in the West Bank and Amman, Jordan, according to a U.N. statement.

Israeli officials have said the offensive could last up to two weeks or possibly longer.

Also Saturday, Egypt opened its border crossing with Gaza, admitting wounded to Egyptian hospitals and allowing aid and doctors back in.

Hamas, which has ruled Gaza since 2007, has survived Israeli offensives in the past, including a major three-week ground operation in January 2009 and another weeklong air offensive in 2012. It now controls an arsenal of thousands of rockets, including long-range projectiles, and has built a system of underground bunkers.

But Hamas is weaker than it was during the previous two offensives, with little international or even regional support from its main allies, Turkey and Qatar.