Westhampton Attorney William O’Grady is on his way to being sworn in as a district court judge in the Chicopee District Court after he was unanimously approved by the Governor’s Council.

By COLLEEN QUINN

BOSTON — Westhampton Attorney William O’Grady is on his way to being sworn in as a district court judge in the Chicopee District Court after he was unanimously approved by the Governor’s Council on Wednesday.

For more than three decades, O’Grady has practiced law with his wife, Cheryl Parker. During his confirmation hearing last week, O’Grady said his idea of a good district court judge is one who treats everyone with respect and dignity. Every decision a district court judge makes affects not just the individual standing in court, he said, “but it cascades throughout the family, and it cascades throughout the community.”

O’Grady will replace retiring Judge Mary Hurley. O'Grady has practiced civil and criminal law at Parker & O'Grady in Southampton and Springfield since 1985. He has also served as a special prosecutor for the Northampton District Attorney’s office. Before launching the firm with his wife, he worked as a litigation associate at the Springfield firm Cohen, Rosenthal, Price, Mirkin, Jennings & Berg.

The council also unanimously approved Attorney Siobhan Foley, Gov. Deval Patrick's choice for a juvenile court judgeship in Plymouth County.

Foley, of Scituate, has been prosecutor in the Norfolk County District Attorney's office since 2002. She is the supervisor of the juvenile crime unit, a position she has held since 2010.

Juveniles often make impulsive decisions, without recognizing the consequences, she told the council last week during her hearing. Many juveniles who appear in court come from homes with drug addiction, or have substance abuse problems themselves, she said, and judges must take such circumstances into account.

The jury in the Massachusetts Probation Department trial has deliberated for 46 hours so far, and will return to continue deliberations on Thursday morning.

BOSTON — Jurors have deliberated for a full week without reaching a verdict in the case of former probation commissioner John O'Brien and his deputies, Elizabeth Tavares and William Burke.

The jury has deliberated for 46 hours so far, and will return to continue deliberations on Thursday morning.

The jury looked tired as they came into the courtroom at the end of the day, before Judge William Young sent them home for the evening. "We know how hard you're working and we're deeply appreciative," Young said.

O'Brien, Tavares and Burke are charged in U.S. District Court with eight counts of mail fraud and one count of racketeering conspiracy. There is one count of racketeering alleged against O'Brien and Tavares. Prosecutors say the officials ran a rigged hiring system in which they hired politically connected candidates over more qualified candidates in exchange for benefits from the state Legislature for the Probation Department, then lied on forms certifying the hires were done correctly.

The jury deliberated from 9 a.m. to 5 p.m. on Wednesday and asked no questions. The defendants and their family and friends have spent the last week in the courthouse café and library and sitting by the waterfront, awaiting a verdict.

A Connecticut man was arrested early Wednesday morning after police say they caught him breaking into Crabby Joe's Bar & Grill in Southwick.

WESTFIELD - A Connecticut man was arrested early Wednesday morning after police say they caught him breaking into Crabby Joe's Bar & Grill on Congamond Road in Southwick.

Adam Nadeau, 33, of Manchester, Conn., is charged with breaking and entering in the nighttime for a felony. Judge Philip Contant set Nadeau's bail at $2,500 at his Wednesday arraignment in Westfield District Court.

According to the police report, officers responded around 3:25 a.m. to a report of a suspicious black SUV in back of Crabby Joe's, and a flashlight showing inside the building.

An officer on scene found the SUV was missing a front plate. The officer walked along the upper level of a deck, looking in windows, and saw some lights on inside, but the flashlight was gone. He found one window open with the screen pried off.

The officer walked down to the lower deck facing Congamond Lakes. As he turned the corner, he saw a man dressed in all black, wearing a black mask and gloves, crouching in the dark and trying to hide. The officer told him to put his hands up, and the man complied.

After he was placed under arrest, officers identified the man as Nadeau. He was on probation with a suspended sentence for similar burglary charges in Connecticut, and had pending burglary and larceny charges as well.

"This substantial investment in our community• is made possible through the generosity of our donors, the commitment of our many volunteers and the hard work and dedication of the nonprofits that we are privileged to support," said Community Foundation Vice President for Programs Nancy Reiche.

SPRINGFIELD --The Community Foundation of Western Massachusetts is awarding more than $1.2 million to local nonprofit organizations for 99 projects -- ranging from granting homeless children their birthday wishes to land preservation -- in its ongoing efforts to improve to the quality of life in the Pioneer Valley.

This year's awards -- ranging from $2,000 to $52,000 -- target projects that address community needs including arts and culture, education, the environment, health housing and human services for residents of Hampden, Hampshire and Franklin counties, according to a statement issued by the foundation.

"This substantial investment in our community is made possible through the generosity of our donors, the commitment of our many volunteers and the hard work and dedication of the nonprofits that we are privileged to support," said Community Foundation Vice President for Programs Nancy Reiche.

An example of grant awards include:

• $10,000 to Kestrel Land Trust to help preserve 1,170 acres of land in the Mount Holyoke Range in collaboration with the Massachusetts Department of Conservation and Recreation and the Towns of South Hadley and Belchertown.


• Birthday Wishes, Inc. has been awarded a $5,000 grant to provide children living at homeless shelters in Springfield with birthday celebrations.


• The Northwestern Children’s Advocacy Project, Inc. was awarded a $30,000 grant to help furnish their new Greenfield site that will provide services to abused children.

Funding for the competitive grant program comes from distributions from 47 funds established by various individuals and groups committed to supporting local nonprofits. These donors rely on the Community Foundation’s volunteers and staff to focus their funds for effective use by nonprofit agencies in the Hampden, Hampshire and Franklin county communities, according to the prepared statement.

Thirteen volunteer members of the Community Foundation’s Distribution Committee and 21 project reviewers carefully evaluated 109 competitive applications for funding requests totaling nearly $1.5 million.

The foundation receives and reviews grant applications on behalf of Bank of American for four charitable trust for which the bank serves as a trustee, the release said. Over 60 of the projects funded this year were supported by the banks charitable trusts.

A Westfield man will serve time in jail after admitting he stole air conditioning units from a church and local businesses.

WESTFIELD - A Westfield man will serve time in jail after admitting he stole air conditioning units from a church and local businesses.

Sean O'Malley, 35, pleaded guilty Wednesday to four counts of larceny over $250. Judge Philip Contant sentenced O'Malley to 18 months in jail on each count, to be served concurrently.

According to the police report, air conditioning units were stolen or taken apart for copper parts in August 2013 at Buon Appetito Italian restaurant and the Hampton Ponds Association.

Police suspected O'Malley, but had no evidence to tie him to the thefts, the report said.

In December 2013, air conditioners were stolen from Word of Grace Church for a $40,000-50,000 loss. Through a property database, police found O'Malley sold air conditioner parts to a Chicopee scrap business at that time.

Police found O'Malley at his sister's residence, near the locations of the victims. He eventually admitted to officers that he stole the air conditioners, and said he didn't realize the Word of Grace building was a church.

O'Malley was originally charged with four counts of vandalizing property and fugitive from justice on a court warrant — from a warrant in Connecticut — but those charges were dropped.

Will hundreds of thousands of oysters help clean up the polluted Mystic River? One of the two companies vying for the lone eastern Massachusetts casino license seems to thinks so.

BOSTON — Will hundreds of thousands of oysters help clean up the polluted Mystic River? One of the two companies vying for the lone eastern Massachusetts casino license seems to thinks so.

Wynn Resorts has forged an agreement with the Massachusetts Oyster Project to seed 250,000 live oysters in the portion of the Mystic River near their planned Everett casino.

Oysters act as natural water filters, consuming over 40 gallons of water per day. Oysters remove nitrogen and bacteria from the water while their shells offset the acidity of ocean water. If the oyster seeding by Wynn comes to fruition, the oysters could filter millions of gallons of water a day.

The use of oysters as a natural way of cleaning up and restoring struggling waterways may sound odd, but it is a method that has gained favor with environmentalists over the last 25 years. Large oyster restoration projects exist around the country, perhaps most prominently in Maryland's Chesapeake Bay, where long term efforts to rejuvenate the oyster population began in 1996. Additional oyster restoration projects exist in New York in the Hudson River, The Indian River Lagoon in Florida and in Puget Sound in Alaska.

Restoration work requires the installation of a layer of discarded and recycled oyster shells on the riverbed to shore it up for baby oysters to take hold. The baby oysters are deposited on the riverbed on top of the recycled shells so they will not sink through the muddy bottom. A release from Wynn said that they will provide all of the necessary funding for the restoration work in the Mystic River, which was once the home of the W. Atwood Company's Oyster Farm.

"Oysters are quite valuable from an ecosystem perspective because they can restore areas that are struggling," said Massachusetts Oyster Project President Andrew Jay during an interview.

Jay noted that his organization collects discarded oyster shells from bars, restaurants, hotels and shucking events specifically for the purpose of restoring struggling oyster beds.

"By taking a dead sea bottom and converting it into a living sea bottom, it will bring all kinds of other species into that area. All that biomass there creates more feed for bigger fish and eventually leads to the restoration of a fishery," said Jay.

The oyster restoration effort in the Mystic River is part of a larger environmental cleanup plan by Wynn for their proposed Everett casino. The parcel on which they want to build is a heavily contaminated former industrial site that was once owned by Monsanto. Wynn has earmarked approximately $30 million for the cleanup of the site.

The idea for using oysters to clean up the waterway around the Everett casino was sprouted by Jamie Fay of the Fort Point Associates.

"The Everett waterfront has been locked out of public use for more than a century. We're going to open it up in grand fashion and create a spectacular esplanade that will be brimming with activity all year long. Our waterfront will be a crowning jewel of our resort," said Robert DeSalvio, senior vice president of Wynn Development, in a statement.

Still, the oyster restoration portion of their planned cleanup is not a guarantee as state shellfish regulations could block the plan. Jay noted during his interview that even if Wynn wins its casino license, the restoration plan could possibly not go forward because of the river's current terrible condition.

The highest grade the Mystic River has received from the EPA since 2006 is a C-, and its most recent grade was a D in 2012.

The pollution in the river, Jay said, is a stumbling block for regulators because of concerns about contaminated shellfish ending up on the plates of consumers. There are ways to prevent shellfishing by the general public in the area by posting signs that warn people about the pollution, plus, Jay said, the casino will have an extensive security force on its property.

"A casino is probably more secure than a bank," said Jay, adding that the oysters will be seeded below the low tide line and out of view for several years.

Amy Mahler, the assistant press secretary for the Massachusetts Executive Office of Energy and Environmental Affairs, splashed cold water on the project in an email to MassLive in which she said that the project runs afoul of state regulations.

"According to DMF's growing guidelines, this project does not conform with our current shellfish planting guidelines," Mahler said in an email.

Mahler noted that state regulators discourage these kinds of projects because of the public health risks associated with contaminated shellfish.

Still, oyster advocates expressed an optimistic tone that they could make the planned restoration project work.

"Oyster restoration creates too many jobs and too much value for it to be ultimately ignored in Massachusetts," said Jay.

City Council President Christopher C. Johnson stated during a city council meeting on June 23, in which the 2015 FY operating budget was approved, that the deficit could end up being subsidized by the tax payers of Agawam if the city’s budget is not amended.

AGAWAM - The Agawam Municipal Golf Course incurred a deficit of roughly $81,813 during the last fiscal year due to decreased revenue, the Agawam Auditing Department reported.

“Nationally, golf courses throughout the United States, and Agawam is not exempt, have seen a decline,” Mayor Richard A. Cohen said.

The $81,813 could end up being slightly more due to holdover invoices for items the golf course bought, said Cheryl St. John, town auditor. The holdover invoices are anticipated to come into the auditing department soon.

However, there is a retained earnings total of $57,909.13 from the golf course, which could be used to reduced the deficit up until June 30, she said.

The current 2015 fiscal year began July 1 and the Agawam Municipal Golf Course as an enterprise funded department has adopted an operating budget of $552,335. The 2014 fiscal year operating budget for the golf course was $656,419.

“As an enterprise fund, you cannot spend more than what was raised the prior year, otherwise the department of revenue would not certify us every year,” Cohen said.

The revenue at the 150 acre municipal golf course is highly dependent on weather, said Tony Roberto, general manager and PGA professional at the golf course.

“In July we had the oppressive heat and our numbers showed it,” Roberto said.

This June showed a 45 percent increase in revenue and this July, pending good weather until the end of the month, may show a 15 to 20 percent increase in revenue, he said.

New golf carts were also approved for purchase by the city council in February for a cost of $256,241, paid through a transfer of free cash funds, said St. John.

There was also a stipulation to the council approval, in which the municipal golf course must repay the total amount for the carts over a period of several years, she said.

“The golf cars that we were dealing with previous to this year were approaching 14 years old,” said Roberto. “They were the oldest golf carts within two hours that a regulated 18-hole golf course like ours was using.”

The golf course’s parking area was repaved this year by Palmer Paving and was paid from $57,527.87 of the general fund, said St. John.

The general fund is used to pay for the costs of any and all city owned building parking areas needing maintenance work, she said.

City Council President Christopher C. Johnson stated during a city council meeting on June 23, in which the 2015 FY operating budget was approved, that the deficit could end up being subsidized by the tax payers of Agawam if the city’s budget is not amended.

“I’m the guy that proposed to buy the place,” said Johnson during the June 23 Council meeting. “I support the concept but it’s got to be done with eyes open and we should be in advanced knowing that it’s going to have a projected shortfall.”

A coalition of human and social service providers, who have at times been key allies and supporters of the governor, have sued the Patrick administration for failure to implement a 2008 law designed to update payment rates for providers of rehabilitation, education, and workforce training services for the first time in almost 30 years.

 

By MATT MURPHY

BOSTON — A coalition of human and social service providers, who have at times been key allies and supporters of the governor, have sued the Patrick administration for failure to implement a 2008 law designed to update payment rates for providers of rehabilitation, education, and workforce training services for the first time in almost 30 years.

The lawsuit, filed in Suffolk Superior Court in late June, seeks to compel the administration to complete its process of setting new contract rates for services as required under a law known on Beacon Hill as Chapter 257.

The lawsuit was filed by the Massachusetts Council of Human Service Providers, the Association for Behavioral Healthcare, the Association of Developmental Disabilities Providers, Massachusetts Early Intervention Consortium and the Children’s League of Massachusetts.

“It was not a step we took lightly but we feel like we’ve been very, very patient. We tried to work with the Commonwealth,” said Vic DiGravio, president of the Association for Behavioral Healthcare

The 2008 law was an attempt by the Legislature and Patrick to implement the first statewide adjustment to human service provider rates since 1987. The law, at the request of the administration, gave the Executive Office of Health and Human Services four years to phase in the new rates in connection with an estimated $2.2 billion in contracted services. In 2012, the Patrick administration went back to the providers and asked for an additional two years to complete the process, which the provider groups agreed to and the Legislature amended the law to reflect the new timeline.

According to the lawsuit filed on June 30, the Patrick administration has failed to meet the new benchmarks. As of Jan. 1, 2014, the groups say the administration has set new rates for just 68 percent of the contracted services and has failed to begin paying $52.1 million of the rates set at the beginning of the year.

The result, according to the plaintiffs, is that providers can’t keep up with the rising costs of heat, rent and fuel, resulting in lower paid staff and high staff turnover that can impact the quality of services being provided.

The Executive Office Health and Human Services says that additional funding included in the fiscal 2015 budget and efforts over the remaining six months of the year will result in the near completion of the rate-setting process.

“The Patrick Administration is dedicated to fulfilling our commitment to human service providers in collaboration with our partners in the provider community and the Legislature. This comprehensive effort has led to positive results, and we continue to make progress setting reasonable and adequate rates, which will be 90 percent complete by the end of this year,” spokesman Alec Loftus said in a statement to the News Service.

The administration claims that to date $1.68 billion, or over 75 percent of the $2.2 billion purchased services, have been brought under new rates, and the fiscal 2015 budget dedicated $203 million to Chapter 257, including $153 million for rate increases. The final budget approved by the Legislature included $10 million less than originally requested by Patrick for rate increases due to take effect in fiscal 2015.

Providers groups met twice with the Patrick administration in June to discuss the situation before filing the lawsuit. Those involved in the talks included Gary Blumenthal from the Association of Development Disabilities Providers; Erin Bradley from the Children’s League, DiGravio, Mary Ann Mulligan, of the Massachusetts Early Intervention Consortium, and Michael Weekes, from the Massachusetts Council of Human Service Providers.

After the first meeting, Health and Human Services Secretary John Polanowicz and Administration and Finance Secretary Glen Shor acknowledged in a memo dated June 11 that the original and extended timelines were “more aspirational than attainable.”

In an attempt to avert legal action, the administration committed to setting rates for 90 percent of contracted services by Jan. 7, 2015 and to initiate projects that would make it easier for the next administration to complete another 5 percent of the rate by June 30 of next year.

“We really wanted to partner with them as much as possible, but in the end it wasn’t enough,” DiGravio said. “At this point, we’ve been as patient as we can be and the law is the law and we want the Commonwealth to abide by the law. Every day that full implementation is delayed, the imbalance and the unfairness grows.”

He continued, “In many ways, we’ve had a very positive relationship with Gov. Patrick and his administration, but we’re very frustrated by this. There was great hope and promise and some of that promise has been achieved, but there always seems to be some other priority as opposed to fully implementing this law.”

The administration in 2007 released a report originally commissioned by former Gov. Mitt Romney that detailed the financial constraints faced by human service providers, including the fact that 60 percent of the state’s 1,100 providers had less than 30 days of cash on hand.

A new report finalized in April by DMA Health Strategies for the Patrick administration updated that 2007 study in the post-recession economy and found that 50 percent of providers do not receive sufficient revenues from the state to cover the cost of providing services and operate at a deficit in Massachusetts.

“The financial health of many Massachusetts Human Service providers in 2010-2012 remains poor,” the report’s authors concluded.

While DiGravio said he and other plaintiffs have spoken with several of the candidates running for governor about their desire to urgently finish the rate-setting process, the coalition behind the lawsuit doesn’t want to wait to see who occupies the Corner Office come January.

The lawsuit does not seek monetary relief, but rather a judgment from the court that the administration is in violation of statute and a court order that the Executive Office of Health and Human Services set and pay rates “as of the dates required by Chapter 257.”

“We would like a judgment that the law is the law,” DiGravio said. “The important thing is that the precedent be established so the incoming administration understands coming in that the law is the law. We don’t want to have to start from scratch with a new administration.”

Robert Honsch will have a rendition hearing Thursday in Ohio and after that is scheduled to be brought to Western Massachusetts to face a murder arraignment.

This is an update of a story originally published at 3:20 p.m. Wednesday.

SPRINGFIELD – Following an investigation that lasted nearly 20 years, law enforcement in Hampden County, Connecticut, and New York closed the mystery of related “Jane Doe” homicide investigations in Tolland and New Britain, Conn., and filed charges against the man they say is responsible for killing the two women.

Hampden County District Attorney James Orenstein and New Britain, Conn. Police Chief James P. Wardwell separately announced that as a result of a joint investigation, officials have identified the two 1995 homicide victims at Marcia Honsch, 53, and her daughter Elizabeth Honsch, 16, of Brewster, NY.

Marcia Honsch was found shot to death Oct. 6, 1995 in Tolland State Forest; Elizabeth Honsch’s body was found dumped inside some trash bags and a sleeping bag behind a shopping plaza in New Britain on Sept. 28, 1995.

Police were not able to determine their identities until last month.

“No longer will these homicide victims be referred to as “Jane Doe – they will be known as Elizabeth and Marcia; daughter and mother,” said Wardwell.

Finding their identities also led investigators to identifying the man they say is responsible for their deaths, Robert Honsch, the husband of Marcia Honsch and father of Elizabeth Honsch.

Robert Honschcourtesy of New Britain Police Dept. 

“This investigation has been long in hours but never cold,” Wardwell said. “Investigators from numerous agencies have worked for long hours to bring the person to justice who killed these two women.”

Robert Honsch was found living under an assumed name in Dalton, Ohio, a small town of about 1,200 people in northeast Ohio, roughly 30 miles south of Akron.
Honsch, now 70, was found living there with a new wife and family.

He is being held without the right to bail in the Wayne County, Ohio, jail, pending a rendition hearing scheduled for Thursday in Wayne County Municipal Court.

After that hearing, he is due to be transported to Massachusetts where he will be arraigned in Westfield District Court on a homicide charge in the death of Marcia Honsch, according to Orenstein’s office.

He will then face a separate arraignment in New Britain on a homicide charge in the death of Elizabeth Honsch, according to New Britain police.

The sudden closing of the case marked a dramatic end to an investigation that has bedeviled police in two states for two decades.

The body of Marcia Honsch was discovered by a hiker on Oct. 6 inside Tolland State Forest. The body, a fully-clothed woman and estimated to be between 30 and 45 years, had been shot in the head.

No one knew her name and she would remain a Jane Doe until just recently.

The investigation was difficult from the beginning because investigators did not know the woman’s name or where she was from, and no one was reporting her missing. As then-District Attorney William Bennett said at the time, "Right now we have a body in the woods and we have no information beyond that.”

A murder in Tolland, an isolated town of about 500 people, was shocking and beyond belief for residents

Then-police Chief Eric Munson III told the Republican in the days after the body was found "Tolland is a quiet town. People tend to joke about our crime statistics because there is no crime. We haven't had a murder in 100 years. Right now there is a lot of shock because people tend to think of these things as happening in Holyoke or Springfield."

Nine days before the body was found in Tolland, police in New Britain were dealing with a Jane Doe investigation of their own. A young girl, estimated to be between 17 and 20 years old, was found wrapped in trash bags and a sleeping bag and dumped behind a shopping center. She too had been shot in the head.

Tolland and New Britain are roughly 40 miles apart.

Composite drawings issued by police in 1995 as part of Jane Doe murder investigations in Tolland and New Britain, Conn. The two murder victims have recently been identified as Marcia Honsch, 53, and her daughter Elizabeth Honsch, both of Brewster, N.Y. Robert Honsch, the husband and father of Marcia and Elizabeth, was arrested for their murders.Courtesy of New Britain Police Dept. 

Wardwell said his investigators and Massachusetts State Police detectives in the months and years to follow began to work on a theory that the two cases were related.

Police would publicly link the two cases in 2009, and determine the two women had lived or at least spent time in the greater Albany area.

The Albany connection was determined by Tolland woman’s clothing, which was available only in stores in that area, and by a package of cigarettes that had a tax stamp from Latham, N.Y.

By 2011, officials announced at a press conference that the DNA testing had determined the two bodies were related, and were likely a mother and daughter. The testing, however, did not reveal their identities, and the investigation was hampered by that fact.

Massachusetts State Police Capt. Peter Higgins would say at the time “Identifying the parties is such a crucial thing.”

Once the New York state ties were established, investigators began working with New York State Police to raise awareness of the case in the Albany area.
Composite drawings of the two woman were released, and press conferences where held in the hopes of finding someone who could aid investigators.

Still, as Wardwell noted, “over the years there were no reports of missing persons that seemed to correspond to either victim.”

The big break came last month when New York State Police received a call from a woman from Virginia Beach, Va. who wished to file a missing persons report, Orenstein said. Family members were reaching out to police because Marcia and Elizabeth Honsch of Brewster, NY, had disappeared without a trace 19 years earlier.

New York State Police contacted the Hampden DA’s office and New Britain police, and soon investigators had the information that had evaded them for 19 years: the identities of two murder victims.

With the names of Marcia Honsch and Elizabeth Honsch now known, investigators were able to fill in some of the other blanks that lingered in the investigation. The mother and daughter lived in Brewster with Robert Honsch up until October, 1995.

He was missing too, but investigators found him in Dalton under an alias.

Detectives from the Hampden County DA's Office, New Britain and New York traveled to Dalton to interview Honsch. Police obtained a search warrant for his home and his person. Forensic evidence collected in the search was able to be linked to the New Britain location with Elizabeth Honsch was found.

“This arrest comes as a result of the determined work of many detectives who never forgot this case and worked tirelessly to determine the identities of the victims, and to find out who was responsible for their deaths,” Ornstein said.

He singled out the work of State Police Lt. Stephen Griffin, now retired, for working relentlessly over the years on the case and for seeking assistance from other agencies and the public.

“It is also a tribute to the cooperation of the various law enforcement agencies who worked together on this case: Hampden County State Police, New Britain Police, and New York State Police, all of whom had the cooperation and assistance of local and state law enforcement personnel in the Dalton, Ohio area,” he said.

Map showing locations involved in this story.

View Locations involved in a 1995 cold case investigation in a larger map

The alleged victim's mother said her daughter didn't tell her about any of the alleged abuse until Garcia was incarcerated in 2008.

SPRINGFIELD - Witnesses in a sexual assault trial that kicked off in Hampden Superior Court Wednesday told a story of a family with a history of transient housing, domestic violence and drug abuse that devolved further after a teen accused her former stepfather of rape.

Edgardo Garcia, 33, stands accused of charges including rape of a child, indecent assault and battery on a child under 14, assault to rape and open and gross lewdness. He was charged by a grand jury last year, and denied the charges.

His lawyer argued that Garcia's accuser leveled the allegations to end a 10-year abusive relationship between Garcia and her mother once and for all.

The accuser, now 18 with two children of her own, said Garcia fondled her and digitally raped her when she was just 7 and Garcia was staying with her family. In addition, she testified he once attempted to force her to perform oral sex, which she resisted, when she was 10. The alleged incidents occurred between 2003 and 2006, according to testimony.

Assistant District Attorney Eileen Sears told jurors during opening arguments that the alleged victim waited years to tell anyone of the abuse, and lied to social workers about it, because she was a scared child living a volatile home life.

"She did not say anything about this for years - even to people who wore the hat of trying to help. ... It's important that you folks understand what was going on in that house," Sears told the panel.

As a matter of policy, The Republican and MassLive.com do not identify victims of alleged sexual abuse.

Garcia's accuser gave a tearful account of alleged physical abuse of her mother and two instances of sexual abuse toward her. She testified that after the first instance, which she said occurred while the three were sleeping together on a couch at her uncle's house, she acted as if nothing was amiss.

"What happened the next day?" Sears asked.

"It was like a normal day," she responded, adding that she didn't disclose the alleged abuse for years because she was afraid for her mother and "scared she was going to get hit."

On cross-examination, however, the alleged victim conceded that her version of the events changed over the years - from the first time she told her cousin "she had been touched" to interviews with counselors, police and prosecutors. Defense lawyer Nikolas Andreopoulos pointed to inconsistencies in her statements and asked her about affectionate letters she sent to Garcia when he was sent to jail for drug crimes in 2006.

"In those years you stayed with him you had love for him?" he asked. "Were you scared of Edgardo Garcia when you wrote 'I love you Daddy'?"

Andreopoulos also questioned the alleged victim about a Christmas Day drug raid by police in 2000 that was linked primarily to Garcia's drug sales. Her new toys were smashed and her mother was handcuffed in front of her, according to testimony.

"Who's fault was that?" he asked, suggesting the alleged victim was motivated by a long-standing resentment toward Garcia.

Also testifying in the case was the alleged victim's cousin, who told jurors the girl disclosed Garcia had touched her inappropriately around 2006 but swore her to secrecy. The alleged victim's mother said her daughter didn't tell her about any of the alleged abuse until Garcia was incarcerated in 2008.

The mother told jurors she and Garcia had lived in a half-dozen different apartments with their melded family over about 10 years. The two had three children of their own, but the relationship was rife with infidelity, jealousy and physical abuse, the woman testified.

Prosecution witnesses concluded Wednesday; Andreopoulos told Superior Court Judge Edward J. McDonough that he expected to call his witnesses Thursday morning. The jury may begin deliberations as early as Thursday afternoon.

Massachusetts Undersecretary for Homeland Security and Emergency Management Kurt Schwartz represented Gov. Deval Patrick at the Bourne Board of Selectmen meeting Tuesday, and Patrick said his feedback of the commentary was that it was “coarse” and “unhelpful.”

By ANDY METZGER

BOSTON — After local officials on Cape Cod rejected his proposal to potentially use a military base to house immigrant children, Gov. Deval Patrick said Wednesday that opponents have not dealt with “the realities of the situation,” and said state residents as a whole “have hearts big enough” to allow the sheltering of children detained after illegally crossing the southern border.

Undersecretary for Homeland Security and Emergency Management Kurt Schwartz represented the governor at the Bourne Board of Selectmen meeting Tuesday, and Patrick said his feedback of the commentary was that it was “coarse” and “unhelpful.”

“He was left with the impression that folks weren’t all that interested in the facts. There were comments about things like ‘We don’t want these people in our neighborhood,’ ‘We moved to the Cape in order to be away from people like this,’ and things that are very coarse, and I think unhelpful, and frankly don’t deal with the realities of the situation,” Patrick told reporters Wednesday.

The Democrat and Republican running for the Senate seat that includes Joint Base Cape Cod are split on whether to support the governor’s plan to potentially house 1,000 immigrant children who illegally entered the country at the military installation.

“I think it’s an opportunity to show our compassion for children,” said Matt Patrick, a Falmouth Democrat and former state representative who is running for the seat currently held by Senate President Therese Murray. He said, “They have gone through a terrible ordeal.”

Rep. Vinny deMacedo, a Plymouth Republican, said he does not support the plan in its present form and wants answers about the duration of the children’s stay and the potential effect on the surrounding community.

“What exactly is the federal government asking? What is the time limit?” deMacedo asked the News Service. An immigrant himself who was born on Cape Verde, deMacedo said, “I think all of us are compassionate people . . . But we want to make sure we understand all of the things that are involved in this.”

Heather Mullins, a Libertarian candidate who has declared her candidacy for the seat, said she “can see both sides to the issue” and believes questions need to be answered before she can come down in favor or opposed to the proposal.

Murray, who is facing a term-limit as president and stepping down as head of the Senate after nearly eight years in January, has said the children’s current detention situation is “deplorable” and “I don’t see why I wouldn’t” support Gov. Patrick’s plan to potentially house children in federal custody at the base.

The Bourne Board of Selectmen voted unanimously Tuesday night to send a letter to the governor opposing the plan because they were concerned town public safety services would be taxed, Town Administrator Tom Guerino told the News Service. He said the governor had been in Mashpee the day before he announced his consideration of the Cape base and told officials then about his plans.

House Minority Leader Brad Jones plans to convene a summit on the “influx of immigration detainees” Thursday morning with Republican representatives, including two from Cape Cod, the sheriffs of Bristol and Plymouth counties and Lynn Mayor Judith Flanagan.

On Wednesday, Rep. Ryan Fattman attempted to pass a resolution opposing the housing of the immigrants, but it was sent to the Rules Committee after Rep. Jeffrey Sanchez objected.

Gov. Patrick is weighing whether to offer up Joint Base Cape Cod, also known as Camp Edwards, or Westover Air Reserve Base in Chicopee. Local officials in both areas have opposed Gov. Patrick’s plan, and both bases are part of districts where there are empty Senate seats and competitive elections.

The governor said the federal government only has asked for four months of usage, and said the detained children are “not to be brought into the school system, not to be brought into the neighborhoods.”

Saying he announced his consideration of the proposals earlier than usual, Gov. Patrick said there is no “present proposal” from Washington D.C. The governor said he has been informed the “influx” over the southern border “has begun to slow” and said housing the children is “something we and other states ought to be able to do on a temporary basis.”

The governor said he does not believe Bourne has any legal recourse to stop the plan.

Gov. Patrick has been adamant that his decision is not political, and deMacedo echoed that philosophy.

“This isn’t a political issue, and I’m not trying to make it a political issue,” deMacedo told the News Service. He said, “If people try to make it political, then I think that’s a shame.”

Matt Patrick told the News Service plans for the base “may” become an issue in the campaign, and suggested that many of the concerns that have been raised are the result of “misinformation.”

“People should step back and take an emotional inventory and determine what’s pulling their strings,” Matt Patrick said. “Try to avoid being manipulated. I think we have an opportunity to do a good thing.”

Children from Honduras, Guatemala and El Salvador have fled the violence and poverty in their home countries, traveling north through Mexico, crossing the Rio Grande and seeking out U.S. officials with the hopes of entering federal custody, which has overwhelmed the infrastructure built to detain those who illegally enter the country, according to news reports.

The governor said the federal government, which operates the bases, would cover all the costs for housing the children, and Matt Patrick said Camp Edwards has its own fire protection and emergency services. The U.S. Department of Health and Human Services, which has custody of the unaccompanied children, will place children with family members when possible.

“We need to hear a lot more in my opinion, in regards to what is the end-game here,” said deMacedo. He asked, “Is this to allow the 1,000 kids to come here and then ultimately filter them out through our school systems?”

Matt Patrick said the plans for the base are “temporary” and said even though the federal government leases the base, it is seeking memorandums of understanding, which signals its desire to be “accommodating.”

Mullins worried that Massachusetts officials could be “kept in the dark” about the conditions the children are in if the state volunteers to accept them, and said it would be important for the state to have open lines of communication to the children and to foreign consulates.

“There’s so many unanswered questions,” Mullins told the News Service. Questioning whether a military base is the best setting for children, Mullins said, “If they’re in Massachusetts, I feel Massachusetts bears some sort of responsibility over them.”

Saying “the federal government has dropped the ball” on securing the border, deMacedo noted that the governors of Maryland and Connecticut - both of whom are Democrats - declined the federal government’s request to house the immigrant children in their states.

Guerino said the selectmen were not assured the federal government would be able to follow through on covering all the costs, and said the town has an “excellent” relationship with the base. He said the majority of people who attended Tuesday night’s meeting were concerned about the plan while a minority, including people from religious organizations, advocated for caring for the children.

The town administrator said unlike Westover, which is owned by the federal government, Camp Edwards is owned by the state and leased. He said selectmen have asked to be included in any memorandum of agreement that the state negotiates.

Authorities are seeking information on the whereabouts of Alexander Wood, 14, of Danielson, Conn., an endangered runaway last seen Tuesday.

 

Alex Wood (Connecticut State Police) 

Wood is a white male, about 5-foot-2, 150 pounds, with brown hair and hazel eyes. He was wearing a black T-shirt and blue shorts and riding a black-and-orange bike, police said.

Anyone with information about the boy's whereabouts is asked to call the Troop D State Police barracks in Danielson at (860) 779-4949.

More information on missing and endangered children is available by calling the Connecticut State Police Missing Person Clearinghouse at (860) 685-8190, or by logging on to the Missing in CT Community page on Facebook.

"That is the gift that matters the most to me,” said Johnston. “That’s going to give back to a graduate. That’s going to inspire somebody to keep going on in their life. Nothing matters more to me and I’m just so appreciative of that.”

WEST SPRINGFIELD — The School Committee and the town have raised donations in order to create the Russell D. Johnston Scholarship in honor of the school superintendent heading to a state job next month.

The $2,015 scholarship is available for one male and one female student in the graduating class of 2015 planning to pursue a career in education.

Johnston announced his resignation for a position with the Massachusetts Department of Elementary and Secondary Education in May, and will begin his appointment Aug. 1.

"That is the gift that matters the most to me,” said Johnston. "That's going to give back to a graduate. That's going to inspire somebody to keep going on in their life. Nothing matters more to me and I'm just so appreciative of that."

Prior to Johnston's appointment as superintendent in 2010, he served as the director of special education for six years.

“And whether it was the funding cliff, consecutive years of very tight budgets, Race to the Top (federal Department of Education competitive grant program), the new staff evaluation systems, changes in assessments in testing, expanded use in technology or constructing a new high school, he guided us through it all safely,” said Kevin McQuillan, assistant superintendent.

The fundraising goal for the 2015 scholarship has already been exceeded and currently there is a starting balance of $860 for a class of 2016 scholarship, said Mayor Edward C. Sullivan.

Further donations will be accepted for the 2016 scholarship. Contact Karen Ware at ware@wsps.org.

By visiting Chicoppe, the governor could provide a fuller briefing on the proposal, but also tour Westover and get a better sense of whether it could house 1,000 immigrant children, Kos and Wagner said.

CHICOPEE — City leaders want Gov. Deval Patrick to come to town before he decides to send 1,000 immigrant children here.

Mayor Richard Kos and state Rep. Joseph Wagner, D-Chicopee, on Thursday invited Patrick to visit the city to explain the possible use of Westover Air Reserve Base to house immigrant children from Mexico and Central America.

Both Kos and Wagner said they remained puzzled by Patrick’s announcement Friday that Westover was one of two potential sites to house up to 1,000 unaccompanied young people caught illegally entering the country.

In considering two Massachusetts sites to house the children, Patrick was responding to plea from President Obama, who is searching for a solution to the estimated 50,000 children being held in detention after trying to cross the border.

Kos said Westover not only lacks housing for the young visitors, but is also the nation’s largest active Air Force Reserve base. “So there are security considerations, too” Kos said during a news conference with Wagner.

Wagner said the governor’s office gave Kos and him little advanced notice, and have yet to provide a detailed explanation about how the potential plan would be carried out.

“We did get surprised,” Wagner said.

By visiting Chicopee, the governor could provide a fuller briefing on the proposal, and also tour Westover and get a better sense of whether it could house 1,000 immigrant children, Kos and Wagner said.

The invitation was sent Thursday morning, and no response had been received as of 3 p.m., they said. U.S. Rep. Richard E. Neal has also been invited to join any meeting or tour with the governor if he accepts the invitation, they said.

The governor's office had no comment Friday afternoon.

Patrick is considering two locations – Westover and Camp Edwards, part of a military reservation in Bourne on Cape Cod – to offer shelter for up to four months for unaccompanied minors crossing into the United States illegally.

The two sites will be reviewed by officials from the U.S. Department of Health and Human Services to see if either is suitable for housing the children, most of whom are coming from Central America, the governor said.

Only one site would be selected, if any facility in Massachusetts is chosen.

He said each child would stay for an average of about 35 days and that all expenses will be picked up by the federal government while they are being processed for deportation, reunification or asylum.

Under the plan, the children would receive food, care and education while at the facility, and will not attend local schools. All children would receive a medical screening before entering the state, including all essential vaccines.

Not much renovation has been done to the 52-year-old station, an official said.

HOLYOKE -- Donated labor and a $2,000 grant from the Home Depot Foundation will result in a remodeled kitchen at Fire Station 6 at 640 Homestead Ave. Saturday (July 26).

"If you have never been in Station 6 not much has changed since the time it was built in 1962. We are very grateful to the Home Depot Foundation for choosing us to benefit from their generosity," Capt. Anthony Cerruti said.

Volunteer carpenters, plumbers and electricians will install new cabinets and counter tops, paint the walls, redo the floors and fine-tune the landscaping. Work is scheduled to begin at 9 a.m., he said.

The Home Depot Foundation is the arm of the home improvement retailer that helps nonprofit groups "to purchase materials and supplies needed for community volunteer projects," according to its website.

Plaque on the outside wall at Holyoke Fire Station 6.(MIKE PLAISANCE / THE REPUBLICAN) 

Work also will be done in the adjacent "book watch," or office, of Station 6, where computers and logs of alarms and other calls are kept, Cerruti said.

The 52-year-old Station 6 is one of four in the city. The others are Fire Department headquarters, Station 1, 600 High St., Station 3, 1579 Northampton St. and Station 5, 33 Whiting Farms Road.

Each station operates round the clock with four shifts of three firefighters each.

In a courtroom filled with emotion, John O'Brien, Elizabeth Tavares and William Burke were found guilty of running a rigged hiring system at the Massachusetts Probation Department. Watch video

Updates a story posted Thursday at 2:32 p.m.

BOSTON — Lawyers for former Massachusetts probation commissioner John O'Brien and his deputies Elizabeth Tavares and William Burke vowed to appeal after a jury on Thursday found O'Brien and Tavares guilty of mail fraud and racketeering and all three guilty of conspiracy to commit racketeering.

The three former probation officials were accused of running a rigged hiring scheme at the Probation Department that hired people based on political connections, not merit.

O'Brien and Tavares were found guilty of four charges of mail fraud and not guilty of four charges of mail fraud. Burke was acquitted of mail fraud and was not charged with racketeering.

"We'll continue fighting for Jack, Laurie and the girls, and we're confident that at the end of this process we'll come out on top," said O'Brien attorney Stellio Sinnis, referring to O'Brien's wife and daughters.

U.S. Attorney Carmen Ortiz said, "The jury got it right. ... The evidence showed and clearly the jury agreed that this case was about fraud perpetrated by Mr. O'Brien and his deputies on the citizens of the Commonwealth."

After nearly seven days of waiting while the jury deliberated, the courtroom was filled with emotion as the clerk read the verdict. Family members of O'Brien began to cry even before the verdict was read. O'Brien's wife Laurie collapsed halfway though, and family members gathered around her and called for a medic, even as the clerk continued to read the verdict. Laurie O'Brien was taken out of the courthouse in a stretcher and taken to a hospital.

O'Brien put his head down on the table as his family sobbed loudly behind him. Tavares covered her face with her hands. Burke, who had been looking down at the table as the jury acquitted him of mail fraud, looked stunned when the jury returned a guilty verdict on racketeering conspiracy. All three defendants appeared devastated.

One woman yelled out twice during the verdict, "The government is corrupt." As the clerk declared O'Brien and Tavares guilty of racketeering, a woman exclaimed, "Jesus!"

Several jurors declined to comment as they left the courthouse.

Prosecutors had alleged, as part of the basis for the racketeering charge, that O'Brien and House Speaker Robert DeLeo were part of a "conspiracy" to bribe lawmakers by allowing lawmakers to fill jobs in the Probation Department in exchange for votes for DeLeo for speaker. Jurors rejected that theory, finding that prosecutors did not prove any bribery. However, they did find O'Brien guilty of violating the state's gratuity laws, giving out jobs as a thanks to state legislators.

DeLeo has called the accusations "inaccurate" and "scurrilous" and criticized the U.S. attorney's office for making allegations against him, though he was never charged with any wrongdoing.

Ortiz, asked about the allegations against DeLeo, said, "We made allegations based on the evidence, and the allegations were made in court as part of the indictment and in pursuit of obtaining the justice that we believe we've received today." She would not discuss the evidence, saying she would not try the case in the media.

Sentencing for O'Brien, Tavares and Burke is set for Nov. 18. Each of the charges carries a maximum sentence of 20 years in federal prison. Sentencing guidelines are likely to place the sentences for each charge significantly lower than that, possibly in the range of 12 to 18 months, according to attorneys connected to the case.

Defense attorney Brad Bailey speaking outside the Moakley Courthouse on July 24, 2014 after John O'Brien, Elizabeth Tavares, and William Burke were found guilty in the probation patronage trial. Bailey represented Tavares during the trial.  

O'Brien, Tavares and Burke did not come out the front doors of the courthouse and did not speak to the media. Asked how Burke was doing, his attorney John Amabile said, "He's doing terribly. He and his whole family are devastated."

O'Brien, Tavares and Burke are free on bail until the sentencing. Judge William Young instructed them the three "not to say one word impugning the jury verdict."

None of the lawyers would discuss the grounds for their appeal.

"There are substantive legal issues that need to be addressed, and we're going to continue to work on that," Sinnis said.

Tavares' attorney Brad Bailey said Tavares "maintains her innocence."

"We're not going to comment on the jury's actual decision other than the fact we will be challenging the verdict appropriately with post-trial motions, and we will be appealing, each of us on behalf of our respective clients," Bailey said.

Tavares' attorney Jeffrey Denner added, "This is very far from the end of the process."

Defense attorneys had argued that the case was about political patronage, and hiring at the Probation Department was no different than what occurred throughout state government. Ortiz, flanked by FBI Special Agent Vincent Lisi and prosecutors Robert Fisher and Fred Wyshak, said, "I know many wanted to ... say this was just patronage or politics as usual, but when you commit fraud, when you make false representations and tamper with documents, that's not just pure patronage and that's were we draw the line."

Lisi added, "This should send a message to corrupt public officials that there's nothing that will get in our way of identifying them and bringing them to justice."

The government has also charged O'Brien, Tavares and Burke with six counts of bribery and O'Brien with another 11 counts of bribery. Those charges were "severed" from the charges in this case, which means the government can hold a second trial on those counts. Ortiz said the U.S. attorney's office would decide at a later date whether to hold a second trial.

Regulators in Connecticut and Massachusetts will have nothing to do with enforcing environmental regulations, for a variety of reasons.

SUFFIELD, Conn. - A citizens organization is appealing the decision to allow tree-cutting and mining on the shore of a body of water that lies in Southwick, Massachusetts, over concerns that it could have a devastating environmental impact and no one will be keeping an eye on it.

Shannon Watson's family lives less than a quarter of a mile away from the site where Lakeroad Materials wants to continue mining for valuable sand and gravel after a decade-long hiatus. The site itself is within a short walk of wetlands and the South Pond of the Congamond Lakes, where the shore forms the state line.

Watson is deeply concerned about the impact the work could have on the area, so she and several dozen neighbors formed the Congamond Lake Environmental Protection Organization (CLEP) and hired a lawyer to fight it.

The town will allow Lakeroad Materials to physically move Lake Road so its trucks can access the site, then dig for materials that lie on top of an aquifer. They can dig to within five feet of the water table, and there is no protective clay layer to keep workers from accidentally hitting it.

Corinne Fitting, an aquifer specialist with the Connecticut Department of Energy and Environmental Protection, said the agency doesn't regulate this kind of work in Suffield because the town's residents use private water wells. DEEP shared a list of best practices with the mining company to avoid contamination of the water, but there will be no monitors and there are no enforcement mechanisms.

Southwick also will have nothing to do with the project, will not monitor the work or enforce regulations, and leaders there are only having conversations with officials in Connecticut rather than formal meetings. That's according to Randal Brown, Southwick's director of public works, who added that the entire town's water supply comes from the aquifer in question.

Westfield gets water from the aquifer, and so does West Springfield. Charles Darling of the Westfield Water Resources Department said the city was not aware of the work until he was contacted by MassLive.com, but they also have no control over the project. A representative of West Springfield's water division did not immediately return a call seeking comment.

The principal owners of Lakeroad Materials are Frank E. Bauchiero, Jr., the current chair of the Suffield Zoning and Planning Commission, and J. Scott Guilmartin, a former chair. Bauchiero did not vote on whether to allow the work. MassLive.com tried to reach him for comment, but his contact information is not publicly available.

Guilmartin said the company has an obvious interest in making sure the mining doesn't hurt the water supply or the lake: he and Bauchiero live in Suffield.

"We're very concerned about protecting the environment (and) would never do anything to jeopardize it," he said. He added that the work will follow all guidelines and regulations.

Guilartin said that once people have a better understanding of exactly what the project entails, they will support it.

But Watson's not so sure.

"Accidents happen. ... It doesn't take much for something to go wrong," said Watson. "It's not their property values that will be impacted, they won't be breathing in the dust or listening to the noise or living in constant fear of one of their kids getting hit by a truck."

As it stands, Lake Road is extremely narrow at the intersection with Copper Hill Road, and the permits do not allow any work to be done on the first quarter-mile, meaning drivers and pedestrians will have to share the road with heavy mining equipment and trucks six days a week.

Which route will the trucks take to get the mined materials where they need to go? If they go straight down Copper Hill Road, they will be forced to make a hard 90-degree turn almost immediately and travel north. The only alternative is to go south.

But it's not clear if going in either direction is truly safe: no one ever performed a traffic study. And it's not clear where the material is going because the information is not listed in public documents and Guilmartin didn't say.

In court documents appealing the decision, CLEP's attorney wrote that this permit never should have been granted.

"The application filed with the Commission was incomplete because it did not include a great deal of information that is required for such applications, including but not limited to a drainage report, traffic study, environmental report, identification of natural aquifers and aquifer protection, and erosion and sedimentation plan," the documents read.

MassLive.com confirmed that zoning regulators do not have any of those documents on file, except for an erosion and sedimentation plan.

Furthermore, "No consideration was given as to whether the proposed use complies with Suffield's Plan of Conservation and Development ... the application was not submitted to the Suffield Conservation Commission for review... (and) no formal recusal was made by the commission chair," according to CLEP's appeal.

Technically, the permit for the mining is simply a renewal of the one that was granted more than 10 years ago at a site in the same neighborhood. But CLEP argues that, since 2003, the lack of operations, the change in tax status to "vacant land" and a complete absence of erosion control or maintenance mean that the permit can't be renewed.

They're asking a Hartford Superior Court judge to reverse the commission's decision and force them to deny the permit.

The town argues that operations actually ended in 2005, but that doesn't mean they can't continue under the same permit.

Guilmartin goes one step further, asserting that the neighbors live in houses built on a mine that goes through periods of inactivity. He said that, once all the mining is done, the site will be transformed into something that greatly improves its value and its contribution to the neighborhood.

Rather than the mining, CLEP wants to see the space become "a wildlife reserve or something along those lines," said Watson. "We haven't gotten any information about what will be done once they've taken anything out, except for basic remediation."

Minutes from the May 19 meeting of the commission showed that no residents spoke in favor of the proposal, and 23 people objected to it for a variety of reasons, including the possibility of plummeting property values, the danger of limiting emergency vehicle access to the neighborhood, the damage to roads not meant to bear such heavy loads, and the unanswered question of whether anyone on the commission stood to profit from the project.

After that meeting, news reports in Connecticut revealed Bauchiero's connection. In June, more people spoke against the plan, but it was approved unanimously with Bauchiero sitting out.

A total of 115 people live within 200 feet of the site, according to the permit. Work will be allowed Monday through Friday from 7 a.m. to 6 p.m., and Saturday from 8 a.m. to noon. The permit reads that the project will be completed "in a timely manner to be determined by market resources and weather."

"They're going to cut everything down, tear everything out and leave a big hole," said Watson.

An alleged victim of peeping at Hammonasset State Park in Madison three years ago spoke out about voyeurism at Connecticut state parks and wants stricter penalties for people who are caught.

A digest of news stories from around New England and beyond.

Do you have news or a news tip to submit to MassLive.com for consideration? Send an email to online@repub.com.

Ecker's trial may start as soon as Friday morning, depending on the results of his exam by the court's forensics office.

SPRINGFIELD - A judge ordered lawyers to impanel a jury on Thursday in the case of an alleged serial stalker, but delayed swearing in jurors until the defendant is found fit to stand trial.

John L. Ecker 

Ecker was poised to stand trial Thursday, when his lawyer raised last-minute concerns about Ecker's competency. The defendant had been committed to Bridgewater State Hospital twice in the past with varying evaluations, lawyers in the case said.

Defense lawyer Brett J. Lampiasi told Judge C. Jeffrey Kinder that he believes Ecker "drifts in and out of delusional states" and appeared to be drifting in the wrong direction during a jailhouse meeting on Wednesday evening.

Ecker became agitated while Lampiasi was speaking to Kinder and barked: "I need new counsel!" in the midst of his lawyer's discussions with the judge.

Ecker told Kinder he has a history of Asperger's syndrome and general anxiety, but insisted he is competent to stand trial and argued it was a "delay tactic" on the part of his lawyer.

"I want to get on with this proceeding. I'm innocent. If they send me back to Bridgewater, that'll be another 30 days lost in the summer," Ecker told Kinder - also launching into a well-spoken, but rambling diatribe about alleged conflicts of interests in the case and arguments with his neighbor in Indian Orchard.

Assistant District Attorney Karen J. Bell told Kinder she felt Ecker ia fit to stand trial but asked the judge to delete certain information on prospective female jurors' questionnaires because of the defendant's history with women.

"Mr. Ecker has stalked and criminally harassed women after very brief interactions with them ... researched them, found phone and fax numbers," Bell told Kinder. "I realize he's incarcerated but that has not hindered him in contacting women before."

Kinder declined to redact the questionnaires but gave Ecker a stern warning.

"I have no intention of stalking or harassing any jurors," Ecker responded.

Ecker's trial may start as soon as Friday morning, depending on the results of his exam by the court's forensics office. Fourteen jurors were chosen by early Thursday afternoon.

Greenfield is waiting for official permission to start aggregating electricity purchases.

This story follows Kennametal announces $5 million and 70-job expansion in Greenfield continuing Greenfield Tap & Die legacy

GREENFIELD - The electricity that Greenfield hopes to soon buy in bulk and resell at a discount to residents and businesses helped give  the city the power to land the Kennametal expansion.

"Obviously the cost of energy is one of the biggest impediments in trying to attract manufacturers to New England,"  said Robert Pyers, director of economic development for Greenfield.

This week,  Kennametal has announced that it will expand its operations here, adding 70 new jobs and $4.65  million worth  in private investment including $3.4 million in equipment and renovations to its plant at 34 Sanderson St. here.

Greenfield is waiting on permission from the state Department of Public Utilities to start aggragating power purchases for the whiole community. Greenfield would buy power ion the wholesale market using the puchasing power that comes with such a high-volume purchase to its advantage. then Greenfield would become the electricity supply to every home and business in the city that doesn't already have a long-term contract to buy power elswhere.

"Someone would have to opt-out," Pyers said.

The exiting utility, in this case Western Massachusetts Electric Co., would still operate the power grid, do billing  etc.

The Department of Public utilities is expected to rule sometime in August, he said.

He said the plan might save 1 cent or so from a 15-cent a kilowatt market price. but the exact figure has yet to be determined.

Greenfield will also work with Kennametal to help it generate some of its own electricity with a solar array. greenfield already generates 2.5 megawatts at a solar farm on a former landfill of Wisdom Way. That translates to about 45 percent of the municipalities own electricity needs. the landfill solar farm has operated for about two years.

Greenfeild hopes to grow the solar capacity to 7 or 8 megawatts, possibly by placing panels atop the well field that supplies Greenfield's drinking water.

And Greenfield is fighting proposed changes to state regulations  that might curtail net metering. That's the practice of selling electricity back to the utility when it is not needed and using that payment as a credit against the bill for power called for when no or not enough solar power is available.

Greenfield also offered tax break and the capacity to train skilled machinists.

Pyers said Kennametal executives liked that Greenfield was  able to get all the players, utilities, educators, the state, in one room at one time for meetings.

"They just went away feeling that we were better organized to deliver what we promised," he said.