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Unrest continues near St. Louis where police fatally shot black teen

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Authorities blocked off access to Ferguson on Monday night and KTVI-TV reported that police in riot gear were using tear gas to disperse a crowd of protesters.

FERGUSON, Mo. -- Authorities in a St. Louis suburb where an unarmed black teen was fatally shot by police have used tear gas and rubber bullets to try to disperse a large crowd.

Ferguson Police Chief Tom Jackson says a group gathered throughout the day Monday at a burned-out convenience store turned rowdy at nightfall.

Jackson said members of the crowd threw rocks at police and gunfire came from the crowd. He says officers used tear gas and by shot "beanbag rounds" meant to stun them.

An Associated Press photographer said police were telling people to go home, but authorities had blocked exit streets off.

Looting and unrest had broken out Sunday following a vigil for 18-year-old Michael Brown, who police said was shot multiple times Saturday after being confronted by an officer.


Skiing vs. snowboarding: 'Riders' sue Utah ski resort that prohibits their sport

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The Alta ski area, which sits on mostly federally owned land in the mountains east of Salt Lake City, said a snowboarder-free mountain is safer for skiers.

By LINDSAY WHITEHURST

SALT LAKE CITY — A reignited culture clash between snowboarders and skiers didn't get an immediate resolution Monday after boarders suing one of the last ski resorts in the country to prohibit their hobby argued in a Utah courtroom that the ban is discriminatory and based on outdated stereotypes.

U.S. District Judge Dee Benson didn't rule on the resort's request to throw out the lawsuit, and there's no deadline for him to do so.

The Alta ski area, which sits on mostly federally owned land in the mountains east of Salt Lake City, said a snowboarder-free mountain is safer for skiers. The sport is a choice so boarders -- or riders, as some call themselves -- shouldn't get special protection under the Constitution, resort attorney Robert Rice argued.

Alta says it is a private business and its permit with the U.S. Forest Service allows it to restrict ski devices it deems risky. Resort attorneys contend snowboarders can be dangerous because their sideways stance leaves them with a blind spot.

But snowboarders claim the resort bans them because it doesn't like their baggy clothes, overuse of words like "gnarly" and "radical," and perceived risky behavior on the slopes.

"This case is not about equipment, it's not about skiing and snowboarding," attorney Jon Schofield argued. "It's about deciding you don't like a group of people, you don't want to associate with that group of people, and you're excluding them."

Under questioning from the judge, Schofield conceded that there is little legal precedent for the case but said the lawsuit should have a chance to be heard.

Outside the courthouse, plaintiff Rick Alden said the ban inflames tensions between skiers and snowboarders in a way that doesn't exist elsewhere.

Ten years ago, Alden said an Alta ski patrol officer used an expletive toward him in front of his then-12-year-old son when Alden tried to cross onto public land leased by the resort without using Alta's chairlift, something he thought was legal.

"It sounds silly to come here and try and argue about a different way to recreate, but at the end of the day there really are people who are hurting by just simply being talked bad about," Alden said.

The Forest Service agrees with the resort about the risks of snowboarding and says the suit could open up the floodgates for people who don't like recreational rules on public lands, including sometimes controversial all-terrain vehicle laws.

The four plaintiffs bought tickets to Alta knowing they would be turned away and could then sue, which they did in January. One even sneaked onto a lift using "split boards" — a snowboard that resembles skis — but was intercepted and escorted down the mountain.

Two other U.S. resorts, both on private land, ban snowboarding: Deer Valley, also in Utah, and Mad River Glen in Vermont.

East Longmeadow Superintendent shares orientation dates, schooling hours for coming school year

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The new school year in East Longmeadow is set to begin on Tuesday, August 26.

EAST LONGMEADOW — Gordon Smith, the Superintendent of the East Longmeadow Public Schools, has sent out a list of notable upcoming dates and times for town parents and students, in order to help smooth the back-to-school process.

Gordon Smith mug 2010Gordon C. Smith 

The information that was shared includes: a list of upcoming orientation programs, so that transitioning students can be eased into their new environments, as well as a list of the hours that the various district schools will be in session on a daily basis.

The provided document has been embedded below.

The new school year in East Longmeadow is set to begin on Tues., Aug. 26.

ELPS Opening Information

Ebola outbreak has scientists racing to test experimental vaccines on humans

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Scientists are racing to begin the first human safety tests of two experimental Ebola vaccines, but it won't be easy to prove that the shots and other potential treatments in the pipeline really work.


By MATTHEW PERRONE and LAURAN NEERGAARD

WASHINGTON — Scientists are racing to begin the first human safety tests of two experimental Ebola vaccines, but it won't be easy to prove that the shots and other potential treatments in the pipeline really work.

There are no proven drugs or vaccines for Ebola, a disease so rare that it's been hard to attract investments in countermeasures. But the current outbreak in West Africa — the largest in history — is fueling new efforts to speed Ebola vaccine and drug development.

The handful in the pipeline have largely been funded by government efforts, including the two vaccine candidates that are closest to human study: One developed by the U.S. government that is gearing up for early-stage tests in healthy volunteers this fall, with a second developed by the Canadian government thought to be not far behind.

Initial tests typically are performed on a few dozen to 100 people, to look for warning signs of side effects and figure out a good dose — not to prove that they'll actually protect people against infection with the Ebola virus. Because vaccines are given to healthy people, not those who are already sick, getting safety information before the products are used too widely is a crucial step.

New details about the development of the vaccines emerged this week as the World Health Organization declared it OK to use experimental drugs and vaccines as authorities try to contain the outbreak that has killed more than 1,000 people. At the same time, the Food and Drug Administration warned U.S. consumers Thursday to avoid a new raft of fake Ebola treatments being sold online.

Here's a look at experimental Ebola vaccines and treatments:

EXPERIMENTAL VACCINES

A vaccine developed by researchers at the National Institutes of Health has been fast-tracked by regulators and is expected to begin its first human safety trial this fall. The vaccine is based on a chimpanzee adenovirus, a relative of cold viruses.

British drugmaker GlaxoSmithKline is currently ushering the potential injection through the development process, after acquiring its original developer, vaccine specialist Okairos AG for, $325 million last year. Studies show the vaccine could protect monkeys from the virus

A spokeswoman for GlaxoSmithKline said Thursday: "it is too early for us to comment on when the vaccine candidate might be available for use."

Last week the NIH's Dr. Anthony Fauci told the AP the vaccine is supposed to be "purely preventive, more aimed at giving it to the health care workers who put themselves at considerable danger."

The NIH says it is also funding at least two other candidate Ebola vaccines, in earlier stages of development. One from Crucell, a subsidiary of Johnson & Johnson that is intended protect against both Ebola and Marburg hemorrhagic fevers and could begin human testing by late 2015. A second from Profectus Biosciences is based on a livestock virus and currently in preliminary testing to assess its potential for study in humans.

Meanwhile, NewLink Genetics of Ames, Iowa, said Thursday that it is preparing to test a vaccine developed by the Canadian government under a licensing agreement with the Public Health Agency of Canada. The company is discussing an initial safety test in up to 100 health volunteers with the FDA, although company executives would not say how quickly it could begin.

An FDA spokeswoman for the agency would not confirm any discussions about the vaccine, but said the agency "stands ready to work" with companies and international agencies developing Ebola treatments.

A total of 1,500 doses have already been produced by a contract manufacturer in Germany, and the Canadian government purchased all of them. The government is setting aside some for NewLink to use in clinical research, and it also plans to donate between 800 and 1,000 doses to the WHO.

EXPERIMENTAL DRUGS

An experimental drug called ZMapp from San Diego-based Mapp Pharmaceuticals is the only untested treatment known to have been used in the current outbreak.

Mapp Pharmaceuticals made the drug available to three aid workers infected with the virus — a Spanish priest who died Tuesday and two U.S. aid workers who are said to be improving. Health experts say there is no way to tell if their recovery is related to ZMapp.

The drug is a cocktail of three antibodies engineered to recognize Ebola and bind to infected cells so that the immune system can kill them. The company said the supply of the drug is now "exhausted."

Tekmira Pharmaceuticals of Canada is one of the only companies worldwide to have begun human testing of an Ebola drug, though safety issues with that initial study have put the treatment's future in question.

The company's TKM-Ebola injection works by blocking three genes that help the Ebola virus reproduce itself and spread.

Tekmira began a small-scale study in several dozen healthy adults to find the safest dose of the drug. But the FDA halted that research last month due to potentially dangerous drug reactions seen in patients.

The company, which has a $140 million contract to develop the drug, says it is working to address the FDA's safety concerns.

On Wednesday, North Carolina drugmaker BioCryst announced it had received a $4.1 million award from the NIH to study its experimental antiviral medication for Ebola.

The company is already developing the drug, BCX4430, for the related Marburg virus under a 5-year federal contract worth $22 million. Studies published earlier this year noted the treatment was successful in fighting Ebola in animals. BioCryst currently has no products on the market.

Whitey Bulger's attorneys appeal Boston mob boss' racketeering conviction

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Bulger's lawyers said the former head of Boston's Irish mob had not been allowed to argue that Jeremiah O'Sullivan, a now-deceased federal prosecutor, had given him immunity.

By PHILIP MARCELO

BOSTON — Former Boston crime boss James "Whitey" Bulger is appealing the federal conviction that sent him to prison for life last year, arguing that he was unable to fully present his defense.

Bulger, who's 84, was convicted and sentenced on racketeering charges that tied him to 11 murders and other gangland crimes from the 1970s and '80s.

In an appeal filed Thursday in the 1st U.S. Circuit Court of Appeals, Bulger's lawyers Henry Brennan and James Budreau argue he was "deprived" of a critical defense in his trial: that a now-dead federal prosecutor had given him immunity from his crimes.

Bulger had been an FBI informant against the rival New England Mafia, which his lawyers say allowed him to avoid prosecution for almost 25 years while his Winter Hill Gang consolidated power and built a criminal enterprise that took in millions of dollars through drugs, gambling, loansharking and other illegal activities.

Bulger's case ultimately became a black eye for the FBI and the basis for recent Hollywood movies after it was revealed that corrupt federal agents had accepted bribes and protected him over the years.

But, during the trial last year, Judge Denise Casper ruled Bulger couldn't raise the immunity claim because he offered no hard evidence to support it. The judge also said prosecutor Jeremiah O'Sullivan, who died in 2009, didn't have authority to grant such immunity.

This "constitutional error" affected the fairness of Bulger's trial and must result in reversal, his lawyers wrote in their appeal.

"If Mr. Bulger had been permitted to testify about his immunity defense in his own words, then the jury would have the opportunity to weigh his credibility with that of the government's witnesses," they wrote. "... His testimony alone could have made a difference in the verdict."

Bulger's lawyers also argue they had been prevented from showing how the government's plea deals with three key witnesses — a gangster, a hit man and a Bulger protege — "deeply inspired" the former associates to blame their boss for "any and all crimes, regardless of the truth."

Bulger's lawyers hone in on hit man John Martorano, who admitted killing 20 people but served only 12 years in prison in exchange for testifying against Bulger.

Bulger's lawyers say they should have been allowed to explore allegations Martorano had been committing new crimes since his release from prison. Prosecutors have said the allegations had been investigated and found untrue.

Bulger fled Boston shortly before his 1995 indictment after being tipped off by a former FBI agent. He was one of the FBI's most wanted fugitives for 16 years until his 2011 arrest in Santa Monica, California.

Following a 35-day trial, a federal jury last August found Bulger guilty of 31 of 32 counts, including racketeering, money laundering, extortion and firearms violations.

The jury also found prosecutors had proved Bulger participated in 11 of the 19 murders of which he was accused. Bulger was sentenced in November 2013.

James "Whitey" Bulger Appeal by Garrett Quinn


AP writer Sylvia Wingfield contributed to this report.

ARISE stages demonstration in Springfield to protest Ferguson shooting, racism, police militarization

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About 20 people stood on the four corners of the intersection at State, Walnut and Federal streets, holding signs and chanting to protest events in Ferguson, Mo.

SPRINGFIELD – People from Western Massachusetts on Thursday night took to the streets of Springfield to protest what they called an injustice 1,100 miles away in Ferguson, Mo.

In a demonstration at the intersection of State, Federal and Walnut streets, demonstrators held signs and chanted, while passing motorists blared their horns in support. Roughly 20 people positioned themselves at each of the four corners and on the two traffic islands at the intersection.

The demonstration, planned by the Springfield-based organization ARISE For Social Justice, was called to protest not only the shooting death of Michael Brown, an 18-year-old black man, by police in Ferguson, but also to protest what they called heavy-handed militarized tactics used by police to quell the civilian protests that have sprung up in the wake of Brown’s death.

“If it can happen there, it can happen anywhere,” said Ellen Graves, the Peace and Anti-Violence Organizer for ARISE. “It can happen anywhere."

Brown, who was due to start his freshman year at college, was shot and killed Saturday by a police officer after the officer told him and a friend to use the sidewalk instead of walking in the road.

Although accounts of the shooting vary – the initial police report has the officer opening fire after Brown and his friend attacked him in his cruiser, while witnesses say Brown was shot once as he was running away and then again as he held his hands up and said “don’t shoot” – no one is disputing that Brown was unarmed.

The shooting has led to days of disturbances, protests and looting in the community of 22,000 people in suburban St. Louis. Over the last few nights, the demonstrations have grown larger, and police in riot gear and armored vehicles have used tear gas, rubber bullets and other militarized tactics to quell crowds. Members of the press covering the riots have been threatened with arrest and in some cases actually arrested.

On Thursday, the unrest in Ferguson prompted President Obama to comment briefly to appeal for calm. Missouri Gov. Jay Nixon also announced the state Highway Patrol will be in charge of security in Ferguson instead of the local police.

Michael Edwards, standing at State and Walnut, said the news out of Ferguson has been shocking.

“For them to be using military weapons for a civilian demonstration is an affront to the Constitution,” he said.

He said he was shocked watching footage on the news over the last few days, saying it was ironic the United States is sending military aid to Iraq to aid those seeking freedom, while police in Ferguson are using military aid against people seeking justice.

Holding a sign representing a pair of hands raised in surrender with the words “don’t shoot,” Edwards said “It makes no difference if it was in Missouri, Florida or Massachusetts; the same thing can happen in any place in America.”

Asked if he felt he was making a difference by holding a sign in Springfield, Edwards said “Whether we’re making a difference or not, we’re making some noise.”

Michaelann Bewsee of ARISE said the public outrage over the Brown shooting is only growing as people learn more about it.

“This kind of rage they have in Ferguson is contagious,” she said.

“There have been too many cases like this,” she said. “We shouldn’t be putting up with it.”

Elissa Small of Amherst, shielding her eyes from the sun with a large sign reading “stop the militarization of law enforcement," said her family lived in southern Alabama during the Civil Rights Movement, and the news coming out of Missouri “seems to me like we’ve taken a big step backward.”

She said she turned out for the demonstration on short notice because she said she felt it was an important enough of an issue for public protest.

“It’s time to get off Facebook and get into the streets,” she said.


AG candidates Warren Tolman, Maura Healey criticize police response in Ferguson, Mo., shooting

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Tolman and Healey, in a debate on WGBH, differed in their responses to the Market Basket family feud. Both admitted to having used marijuana.

BRIGHTON - With protests roiling Ferguson, Mo., after the police shot an unarmed black teenager, both Democrats running for Massachusetts attorney general said Thursday that there should be more training and transparency on the part of police.

Maura Healey, a former bureau chief in the attorney general's office, said the Missouri police should not have withheld the name of the officer who killed teenager Michael Brown, a move that frustrated the press and the public, which the police said they did for safety reasons. Healey said there should be additional training provided to police on racial profiling. She called the rioting that erupted "terrible" and said there should have been more accountability and transparency by police.

"It would not happen here in Massachusetts if I were attorney general," Healey said.

Warren Tolman, a former state senator, similarly stressed the importance of police training. If he were in Missouri, he said he would call together the police and community leaders. "I'd say look, this cannot happen, and sunshine is the best disinfectant here," Tolman said. "We need to make whoever's accountable for these actions be accountable and let the public know what transpired."

The Democratic candidates for attorney general met in a debate at public television station WGBH hosted by Emily Rooney. While the two have generally similar ideologies on major issues like gun control and abortion rights, they come to the job with different backgrounds and disagree on some issues, including how involved the attorney general should be in the family feud at Market Basket.

Employees have boycotted Market Basket and essentially shut down the grocery store chain for a month demanding the return of CEO Arthur T. Demoulas, who was ousted by his cousin Arthur S. Demoulas in a family feud. Gov. Deval Patrick, a Democrat, has declined to weigh in on who should lead the chain but has urged employees to return to work and acted as a mediator with management.

Healey said the role of an attorney general is to make sure workers get paid the wages they are due, workers are not mistreated and owners respect labor laws.

Tolman said an attorney general's role goes further. He said he would meet with both Demoulas cousins and urge them to resolve the conflict. "This is about leadership," Tolman said. "It's about standing up and going to these folks and saying look, you've got to get together. We've got to put pressure internally as well as externally on these folks."

Healey countered that pressuring management is not an attorney general's job. "I don't know that we want an AG who's going to show up on peoples doorsteps," Healey said. "Usually, we do that when have a subpoena in hand."

Neither Tolman nor Healey would support legalizing marijuana for recreational use. Healey said she is worried about addiction; Tolman about the use of marijuana as a gateway drug and its impact on children's brains.

But Tolman, during the debate, admitted that he had smoked marijuana in the past. "Maybe I'd have a full head of hair if I hadn't smoked it," he said.

Healey was not asked the question during the debate, but asked by The Republican/MassLive.com afterwards, she said she too had smoked pot. "I have. When I was younger," Healey said.

The biggest difference between the candidates is less related to issues than experience.

Healey, as she has on the campaign trail, repeatedly stressed her experience as a bureau chief in Attorney General Martha Coakley's office, arguing that she has actually done the job. Both candidates are attorneys. Tolman served eight years in the state legislature.

Asked about the conviction of former probation commissioner John O'Brien for running a rigged hiring scheme, Healey noted that Tolman was in the state legislature in the 1990s. "You personally observed some of this," Healey said. "This is unfortunately in the eyes of many in the public politics as usual, business as usual...I bring independence to this. I've not worked on Beacon Hill. "

Tolman, who called O'Brien's conduct "outrageous," said he was "one of the most independent legislators on Beacon Hill," who passed an ethics reform bill, sued the House speaker to fund a clean elections law and passed a bill banning smoking in the Statehouse over the objections of the Senate president.

Pittsfield police seeking scam artists who duped 78-year-old woman out of thousands in cash, jewelry

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The elderly woman gave the two women $700 up front, but when they asked if she had any more, she offered to go home and return with some jewelry, police said.

PITTSFIELD - Police are seeking the public’s assistance in finding a couple of scam artists who duped a 78-year-old woman out of $700 in cash and jewelry valued at several thousands, police said.

According to police, they were notified on July 29 by the woman who said she had been taken advantage of by two unknown woman that she had met earlier that day near the Price Chopper supermarket on Hubbard Ave.

The victim said the two women approached her to ask if she had dropped something. In the conversation, the two women told the elderly woman that they had found a bag of money and were looking to use it to form a corporation, police said.

To form a corporation they would need additional investors, and offered to make the elderly woman a partner, and if she invested it in, she would receive a payment of $25,000, police said.

The elderly woman gave the two women $700 up front, but when they asked if she had any more, she offered to go home and return with some jewelry, police said.

She returned and met them in the parking lot near Home Depot, which is in the same shopping center, and turned over her jewelry. The two woman said they would need some time to draw up their partnership agreement and agreed to meet with her again shortly at the Wendy’s across the street to finalize the paperwork.

The woman went to Wendy’s, waited for about an hour, and realized she had been scammed, police said.

Police released surveillance photos from the scene of the two women who are suspects, and a black car with what appear to be out-of-state license plates.

Police ask that if anyone has had similar dealings with the pair or who recognizes them, they should call investigating officers Jessica Godfroy (413) 448-9700 ext 378, or officer Shaun C. Osborn at (413) 448-9700, ext 400.


Elizabeth Marriott's family unloads on Seth Mazzaglia as convicted killer sentenced to life

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Mazzaglia was sentenced after more than a dozen of Marriott's family members and friends tearfully and angrily lamented what he took from them.

By LYNNE TUOHY

DOVER, N.H. — The photograph of a beaming Elizabeth "Lizzi" Marriott was taken on Mother's Day 2011, a frog she rescued from the family's pool cupped in her hand. A year and a half later, Seth Mazzaglia raped her, killed her and threw her body in a river after she rebuffed his sexual advances.

Mazzaglia was sentenced Thursday to life in prison without chance of parole after more than a dozen of Marriott's family members and friends tearfully and angrily lamented what he took from them.

Her father, Robert Marriott, walked around the courtroom holding aloft an enlarged version of his daughter's picture for all to see, a smaller version of which was used at trial. Marriott said it underscored the melancholy he felt that such a joyful memory became part of the legacy of a "horrible" trial.

"I wish that good would triumph over evil, but you are proof beyond any doubt how untrue that is," Bob Marriott told Mazzaglia.

Some family members replayed the agonizing months and hours since Marriott's disappearance, while others recalled the quality of her life before she was killed on Oct. 9, 2012, at age 19.

The aspiring marine biologist from Westborough, Mass., had started her sophomore year at the University of New Hampshire only five weeks earlier. She had befriended Mazzaglia's girlfriend, Kathryn McDonough, at a local department store where they both worked. McDonough, the key witness at trial, testified that Mazzaglia, 31, demanded she lure Marriott to their apartment as a sexual offering for her domineering boyfriend.

McDonough said after Marriott twice rejected his sexual advances, Mazzaglia looped a rope over her head from behind and strangled her until she was unconscious. McDonough said he then raped Marriott's motionless body as he yelled expletives at her.

Marriot's mother, Melissa Marriott, told Mazzaglia before the sentence was announced, "I want you to know that I unequivocally hate you."

She continued in a firm voice: "You are a cowardly, despicable person. You stole our smart, vivacious, beautiful daughter from us. You murdered Lizzi, raped her lifeless body and then threw her away because Lizzi had the self-confidence and the self-esteem to say no to you."

An uncle, Tony Hanna, called Mazzaglia "a twisted individual who brought only darkness and pain into this world."

Mazzaglia spoke briefly.

"I did not rape and murder Elizabeth Marriott," he said. "However, I do understand the Marriott family's pain and I did play a part in covering up her death, a mistake I tried to correct when investigators came to me and I showed them exactly where I left Lizzi's body. Unfortunately, they were unable to recover her and for that I am truly sorry. My heart goes out to the Marriot family and I am very sorry for their loss."

During a brief recess before he was sentenced, Mazzaglia's mother, Heather Mazzaglia, asked if she could speak with the Marriotts. She went into a conference room and gave Bob Marriott an extended hug while sobbing. She gave him a folded note and told an Associated Press reporter upon exiting that she told him "only that I'm sorry." She also hugged Elizabeth's brother, Robert Marriott Jr., who went with his father into the room.

Later, clutching a red Bible to her chest, she spoke privately with Melissa Marriott, who would not reveal what was said.

At least eight of the jurors who convicted Mazzaglia also were in attendance.

McDonough initially told investigators that Marriott died while the two women were engaged in consensual rough sex. Granted immunity from prosecution, she later changed her story.

McDonough is serving 1 1/2 to 3 years in prison for hindering prosecution and witness tampering.

Bob Marriott said after court that he has conflicting feelings about McDonough.

"I have a lot of reason to very much dislike her and her involvement in what happened to my daughter," he said. "I also have a lot of sympathy for the situation she was in and what she was put through by that person we just sent to jail."

Ludlow Planning Board sends restaurant proposal for 193 Holyoke Street to Zoning Board of Appeals for special permit

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There are no tenants for the building yet, Fernandes said.

LUDLOW – A special permit from the Zoning Board of Appeals will be needed before a house at 193 Holyoke Street can be converted into a restaurant and office space, Planning Board members said.

Attorney Carmina Fernandes, representing Joseph Batista, appeared before the Planning Board Thursday night for approval to convert the house at the intersection of Holyoke and Cady Streets into a restaurant and office which would be used either as a salon or real estate office.

There are no tenants for the building yet, Fernandes said.

Planning Board Chairman Christopher Coelho said the house is approximately 15,000-square-feet, and 30,000-square-feet would be needed for the proposed business use.

For the smaller building, a special permit would be needed from the Zoning Board of Appeals for the non-conforming use, Coelho said.

Jeanne Andre of 15 Cady Street, an abutter to the proposed development, said the intersection is already hazardous, and many serious accidents have occurred. The development could increase the number of accidents, she said.

She said she is opposed to having a dumpster behind the gazebo in her backyard. Andre said she has lived on the property for 50 years.

Planning Board member Raymond Phoenix said a traffic study will be required for the development unless the Planning Board waives the requirement.

Coelho said that a new business at 193 Holyoke Street could be an improvement for the quality of life in the neighborhood.

“It would be nice to see the corner get spruced up,” Coelho said.

Fernandes said business development means more tax dollars for the community.

Fernandes said take-out ice cream and burgers is proposed for the site, and no drive-thru restaurant.

The Planning Board continued its public hearing on the proposal until its Oct. 23 meeting to give the Zoning Board of Appeals time to act on an application for a special permit for the proposed use.

The property had been in use as a residence, although it is zoned Business A, Coelho said.


Boston Marathon bombing suspect Dzhokhar Tsarnaev's lawyers say they won't be ready for fall trial date

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Tsarnaev's lawyers told a federal judge that prosecutors have given them volumes of evidence — much of it poorly organized — as part of the pre-trial discovery process that they still need to sort through.

BOSTON — Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev said Thursday they likely won't be ready for a planned Nov. 3 trial date.

Dzhokhar Tsarnaev horiz mug 2013Dzhokhar Tsarnaev 

Tsarnaev's lawyers told a federal judge that prosecutors have given them volumes of evidence — much of it poorly organized — as part of the pre-trial discovery process that they still need to sort through. They intend to formally request a delay in the trial later by Aug. 29.

Federal prosecutors countered that they simply complied with the defense's extremely broad evidence request. They maintained that they've provided everything the defense needs for trial but that the defense still has not provided them key documents.

Judge George O'Toole did not rule on the evidence issues. But, in another key matter, he did give prosecutors until Aug. 21 to file their response to the defense's latest arguments seeking to move the trial out of Boston. O'Toole also said he intends to send out jury notifications in September.

Tsarnaev's lawyers requested to move the proceedings to Washington, D.C., or another jurisdiction in June.

They have argued that Tsarnaev, who was not in court Thursday, is unable to get a fair trial in Boston because of the intense media coverage of the case. Last week, they provided more details about the survey of potential jurors in Boston; Springfield, Massachusetts; New York City and Washington, D.C. that they commissioned to bolster their request.

Prosecutors have opposed moving the trial, arguing in part that the defense has not adequately shown examples of potential juror bias. They have suggested the court first attempt to pick a jury in Boston before deciding on a venue change.

Prosecutors also noted that federal court in Boston has handled other high-profile cases and that the courts have "long recognized the strong public interest in trying criminal cases in the district where they occurred."

Authorities say Tsarnaev and his older brother, Tamerlan, set off the two pressure cooker bombs at the Boston Marathon's finish line in April 2013, killing three people and injuring more than 260.

Tamerlan Tsarnaev was killed during a shootout with police days after the explosion.

Dzhokhar Tsarnaev has pleaded not guilty to terrorism charges and could face the death penalty if convicted. His next court date is Sept. 18.

Missouri Highway Patrol seizes control of town, stripping local police of authority

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Obama said there was "no excuse" for violence either against the police or by officers against peaceful protesters.

By DAVID A. LIEB
and JIM SALTER

FERGUSON, Mo. — The Missouri Highway Patrol seized control of a St. Louis suburb Thursday, stripping local police of their law-enforcement authority after four days of clashes between officers in riot gear and furious crowds protesting the death of an unarmed black teen shot by an officer.

The intervention, ordered by Missouri Gov. Jay Nixon, came as President Barack Obama spoke publicly for the first time about Saturday's fatal shooting of Michael Brown and the subsequent violence that shocked the nation and threatened to tear apart Ferguson, a town that is nearly 70 percent black patrolled by a nearly all-white police force.

Obama said there was "no excuse" for violence either against the police or by officers against peaceful protesters.

Nixon's promise to ease the deep racial tensions was swiftly put to the test as demonstrators gathered again Thursday evening in the neighborhood where looters smashed and burned businesses on Sunday and police repeatedly fired tear gas and smoke bombs.

After a particularly violent Wednesday night, Nixon said Thursday that local police are no longer in charge of the area, although they would still be present. He said Highway Patrol Capt. Ron Johnson, who is black, would be in command.

The change was meant to ensure "that we allow peaceful and appropriate protests, that we use force only when necessary, that we step back a little bit and let some of the energy be felt in this region appropriately," Nixon said.

"Ferguson will not be defined as a community that was torn apart by violence but will be known as a community that pulled together to overcome it," the governor said at a news conference in the nearby community of Normandy.

The governor was joined at a news conference by the white mayor of St. Louis and the region's four state representatives and the county executive, all of whom are black.

Johnson said he grew up in the area and "it means a lot to me personally that we break this cycle of violence." He said he planned to keep heavily armored vehicles away from the scene and told his officers not to bring their tear gas masks.

By late afternoon, Johnson was walking down the street with a group of more than 1,000 protesters as they chanted "Hands up, don't shoot," a reference to witness accounts that described Brown as having his hands in the air when the officer kept firing.

Johnson planned to talk to the demonstrators throughout the night.

"We're going to have some conversations with them and get an understanding of what's going on."

Earlier Thursday, Obama appealed for "peace and calm" on the streets.

"I know emotions are raw right now in Ferguson, and there are certainly passionate differences about what has happened," Obama said, speaking from the Massachusetts island where he's on a two-week vacation. "But let's remember that we're all part of one American family. We are united in common values, and that includes the belief in equality under the law, respect for public order and the right to peaceful public protests."

St. Louis County police spokesman Brian Schellman said officers on Wednesday night tossed tear gas to disperse a large crowd of protesters after some threw Molotov cocktails and rocks at officers. More than 10 people were arrested in Ferguson.

"In talking to these guys, it is scary," Schellman said of officers on the front lines of the protest. "They hear gunshots going off, and they don't know where they're coming from."

Residents in Ferguson have complained about the police response that began soon after Brown's shooting with the use of dogs for crowd control — a tactic that for some evoked civil-rights protests from a half-century ago. The county police took over, leading both the investigation of Brown's shooting and the subsequent attempts to keep the peace at the request of the smaller city.

County Police Chief Jon Belmar said his officers have responded with "an incredible amount of restraint" as they've had rocks and bottles thrown at them, been shot at and had two dozen patrol vehicles destroyed.

The city and county are also under criticism for refusing to release the name of the officer who shot Brown, citing threats against that officer and others. The hacker group Anonymous on Thursday released a name purported to be that of the officer, but the Ferguson police chief said later that the name was incorrect.

Twitter quickly suspended the Anonymous account that posted the officer's purported identity and personal information. The site's code of conduct strictly forbids the publication of private and confidential information without permission.

Like last year's Trayvon Martin shooting, social media brought international attention to a tragedy that might otherwise have been known only to the immediate community. Ferguson spawned a proliferation of hashtags and was the dominant subject Thursday on Twitter, Facebook and other sites. Journalists and protesters offered real-time pictures, videos and text reports, and the world responded, often in outrage.

Joe Millitzer, web manager for KTV1 in St. Louis, said that a live stream from Ferguson had been viewed everywhere as far away as Australia and Colombia.

Police have said Brown was shot after an officer encountered him and another man on the street. They say one of the men pushed the officer into his squad car, then physically assaulted him in the vehicle and struggled with the officer over the officer's weapon. At least one shot was fired inside the car. The struggle then spilled onto the street, where Brown was shot multiple times.

The officer involved was injured, with one side of his face swollen, Jackson said.

Dorian Johnson, who says he was with Brown when the shooting happened, has told a much different story. He has told reporters that the officer ordered them out of the street, then grabbed his friend's neck and tried to pull him into the car before brandishing his weapon and firing. He says Brown started to run and the officer pursued him, firing multiple times.

Attorney General Eric Holder has said federal investigators have interviewed eyewitnesses to the shooting. A person familiar with the matter, who spoke on condition of anonymity because the investigation is ongoing, said federal authorities have interviewed Johnson.

Holder spoke by telephone Thursday with Brown's family to offer condolences and to tell them that the Justice Department was committed to a full and independent investigation.


AP writers Alan Scher Zagier and Jim Suhr in Ferguson, Eric Tucker in Washington and AP researcher Rhonda Shafner contributed to this report.

Parents, students get preview of new Springfield Conservatory for the Performing Arts

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More than 200 students and parents got a chance to talk with Principal David Brewster, teachers and administrators and to try out some of the art forms that will be a critical part of the school's curriculum during the open house event

SPRINGFIELD — It was opening night Thursday at the Springfield Conservatory of the Arts in Indian Orchard and as the sounds of rhythmic drum beats spilled into the corridors and out into the parking lot, visitors got a taste of what will be a unique educational experience at the city's newest magnet school.

More than 200 students and parents got a chance to talk with Principal David Brewster, teachers and administrators and to try out some of the art forms that will be a critical part of the school's curriculum during the open house event.

Dance teacher Elisabeth Olivera, a 20-year-veteran of the Springfield school system, greeted sixth grader Vivica Banks into the first-floor dance studio and welcomed her to learn about all kinds of dance in the coming year. Vivica, who has been dancing since she was a toddler, said she loved to dance and told her mom she wanted to go to the conservatory "as soon as she saw the flier."

Olivera, who was a dance instructor and cheerleading coach at the High School of Science and Technology, said the school will give students something they may not be able to afford outside of school, adding that every student entering the school will have the chance to grasp the "big picture" of the world of dance – from history to performance.

Just down the hall from the dance studio, local percussionist Jo Sallins, a visiting artist for the evening, was leading a rotating drum circle with dozens of parents and children sitting down to follow his direction.

Music teacher Michael Mendelson, a trombonist from California, joined the drum circle. Mendelson said he applied for the job when he learned about the school's concept of integrating the arts into the school curriculum. "It's a wonderful opportunity to be part of creating something like this," he said.

It will be Patty Bode's job as the magnet resource teacher to help teachers integrate the arts into state required Common Core subjects including English language arts, mathematics, science and social studies.

The circle was the theme of the open house because its a universal symbol of unity, said Brewster.

While upstairs was the drum circle, downstairs had an art studio buzzing with students making circular designs on white paper plates that will later be incorporated into a school banner.

Stephen Lemieux, 14, who will be entering the ninth grade, has already had some experience performing. When Stephen was a student at Duggan, he played a concert with Noah Lis from Palmer, a contestant on the sixth season of NBC's "The Voice."

Besides its emphasis on the arts – drama, dance, music, theater and visual arts – students won't always be dancing in the halls.

The school will provide strong instruction in math, English, science and social studies in preparation for the Massachusetts Comprehensive Assessment System exams, Brewster said. "But students will do some kind of art every day."

In addition to academic courses, incoming students will take four art courses – one in drama, one in dance, one in music and one in visual arts, he said.

Funds from the $300,000 federal magnet grant the city received for the start-up of the school will go toward the purchase of musical instruments, art supplies, field trips and funds to bring in visiting artists and performers, he said.

Josh Bogin, director of the magnet school program in Springfield, said the conservatory will add grades every year until it handles students in grades six through 12.

Bogin said Brewster is an outstanding educator and leader who is a perfect fit for the new school. Brewster created two specialty schools during his career with Brockton Public Schools. As coordinator for those schools, he supervised all subject areas curriculum, instruction and assessment. A significant portion of his experience includes synthesizing a school's unique area of focus with the requirements of the Common Core standards adopted the the state and the city of Springfield.

U.S. Attorney General Holder issues statement on Ferguson unrest; promises 'thorough and fair' Civil Rights investigation

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Holder criticized any protesters who loot or destroy property, while at the same time faulted the law enforcement response that served to heighten tension, rather than reducing them.

U.S. Attorney General Eric Holder on Thursday issued a statement regarding events in Ferguson, MO, the center of major protests this past week following the shooting of an unarmed black teenager, Michael Brown.

Holder, in his statement, criticized any protesters who loot or destroy property, while at the same time faulted the law enforcement response that served to heighten tension, rather than reducing them.

He also said Justice Department officials are already on the ground in Ferguson as part of a federal investigation into the shooting. "Our review will take time to conduct, but it will be thorough and fair," Holder said.

His statement in its entirety is as follows:

“This morning, I met with President Obama to discuss the events in Ferguson, Missouri. Like the President, I extend my heartfelt condolences to the family of Michael Brown. While his death has understandably caused heartache within the community, it is clear that the scenes playing out in the streets of Ferguson over the last several nights cannot continue.

“For one thing, while the vast majority of protests have been peaceful, acts of violence by members of the public cannot be condoned. Looting and willful efforts to antagonize law enforcement officers who are genuinely trying to protect the public do nothing to remember the young man who has died. Such conduct is unacceptable and must be unequivocally condemned.

“By the same token, the law enforcement response to these demonstrations must seek to reduce tensions, not heighten them. Those who peacefully gather to express sympathy for the family of Michael Brown must have their rights respected at all times. And journalists must not be harassed or prevented from covering a story that needs to be told.

“At a time when we must seek to rebuild trust between law enforcement and the local community, I am deeply concerned that the deployment of military equipment and vehicles sends a conflicting message. At my direction, Department officials have conveyed these concerns to local authorities. Also at my direction, the Department is offering – through our COPS office and Office of Justice Programs – technical assistance to local authorities in order to help conduct crowd control and maintain public safety without relying on unnecessarily extreme displays of force. The local authorities in Missouri have accepted this offer of assistance as of this afternoon.

“Department officials from the Community Relations Service are also on the ground in Missouri to help convene law enforcement officials and civic and faith leaders to plot out steps to reduce tensions in the community. The latest such meeting was convened in Ferguson as recently as this morning. Over time, these conversations should consider the role that increased diversity in law enforcement can play in helping to build trust within communities.

“All the while, the federal civil rights investigation into the shooting incident itself continues, in parallel with the local investigation into state law violations. Our investigators from the Civil Rights Division and U.S. attorney’s office in Missouri have already conducted interviews with eyewitnesses on the scene at the time of the shooting incident on Saturday. Our review will take time to conduct, but it will be thorough and fair.”

Holyoke Hummus introduces mobile falafel cart at Paper City Brewery tasting event

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John Grossman says he's proud to bring felafels to Holyoke.

HOLYOKE — There's a new hummus and falafel cart in town, thanks to the efforts of John Grossman, a Newton native who for ten years has called Holyoke home.

Holyoke Hummus was up and running Thursday evening outside the Paper City Brewery on Cabot Street, where a beer tasting was in progress inside. It was the cart's inauguration, as the outfit had just that day been granted a seal of approval from the city's health department.

"Where I grew up, in Newton, there's lots of ethnic food," said Grossman. "I've been surprised how many people I've talked to in Holyoke who don't know what a felafel is. I'm just happy to be adding to the diversity of food choices here."

Grossman mused upon the way many immigrant populations have made their way in America — by introducing and peddling tasty new foods, often using street carts and food trucks.

"Maybe I'm just that Jewish guy bringing his immigrant food to Holyoke," said Grossman with a smile. He said falafel is a common street food all over the world, and that he's proud to purvey his version of the middle-eastern staple here in the Valley.

The falafel pita sandwiches and platters are produced from a specially-modified hotdog stand that cost about $4,000 to set up, said Grossman. He said he crowd-sourced the initial investment using an Indiegogo campaign. The hummus company's commercial kitchen is located in the Gateway City Arts building on Race Street.

Grossman, married with a new baby at home, isn't giving up his day job quite yet. He said he's happy to work at EcoBuilding Bargains in Springfield, a company which sells recycled building materials.

The Holyoke Hummus cart will appear at several upcoming Holyoke events, including the Connecticut River Craft Brewfest at the Holyoke Canoe Club, and Saturday's Brick Coworkshop one-year anniversary party at 420 Dwight Street.

"I'm focusing on Holyoke for now," said Grossman. "There's plenty to keep me busy."


1 dead, 1 seriously injured in head-on collision with tractor trailer on Rt. 2 in Athol

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The accident closed both lanes of Route 2 for nearly five hours.

ATHOL – A 68-year old Arlington woman died of injuries suffered Thursday in a head-on collision between a Toyota Prius with a tractor trailer on Route 2 in Athol, according to Massachusetts State Police.

The woman, identified as Carole Lawton, was pronounced dead at Athol Memorial Hospital, police said.

The driver of her car, a 67-year-old man also from Arlington, suffered serious injuries in the crash. He was initially transported to Athol Memorial but has since been transferred to UMass Memorial Hospital in Worcester.

Police were not releasing his name Thursday night.

The accident occurred at about 3 p.m. on Route 2 near exit 17 on Route 2.

According to the preliminary investigation, a 2013 Hyundai, driven by a 25-year-old woman from Shirley, attempted to pass on the right in the break-down lane. The Hyundai came in contact with two other cars, including the Prius.

The Prius then went out of control, crossed the center line and went into the path of a tractor trailer, police said.

The accident closed both lanes of Route 2 for nearly five hours. The Athol police and fire departments assisted at the scene as did the Massachusetts Department of Highways.

No other injures were reported.

The driver of the Hyundai is being interviewed with investigators, and it was unclear if any charges would be filed before Friday, police said.

The accident is under investigation by the Northwestern District Attorney’s Office, and the state police Collision Analysis Reconstruction, Crime Scene Services, and Commercial Vehicle Enforcement sections.


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Argentina seeks charges against US company for sudden printing plant closure

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Representatives of RR Donnelley & Sons may have sought to "create fear in the population" and undermine the economy with the plant closure and that could be a possible violation of an anti-terrorism law, President Cristina Fernandez said.

BUENOS AIRES, Argentina — The government of Argentina plans to seek criminal charges against representatives of a U.S.-based global printing company that abruptly shuttered its plant in the South American country, the president said Thursday.

Representatives of RR Donnelley & Sons may have sought to "create fear in the population" and undermine the economy with the plant closure and that could be a possible violation of an anti-terrorism law, President Cristina Fernandez said in a speech to announce a new housing program.

It would be the first application of the anti-terrorism law that was adopted in 2011.

Fernandez said there was no legitimate economic justification for the closure and she accused the company of collaborating with foreign investors whose decade-long legal battle with the government triggered a July 30 default.

Workers at the RR Donnelley printing plant on the Buenos Aires outskirts showed up Monday to find a note informing them the facility was closed due to an "insurmountable crisis." About 400 workers lost their jobs, although about half of them are trying to keep the plant going despite getting no pay.

A spokeswoman in the company's headquarters in Chicago did not respond to messages seeking comment.

Judge allows off-duty officers to carry guns at Minnesota Vikings games -- for now

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The NFL has a policy against allowing guns.

MINNEAPOLIS — A judge has struck down — for now — an NFL policy preventing off-duty Minnesota police officers from carrying guns at Vikings games.

Two police organizations challenged the rule, arguing that NFL policy cannot trump state law.

Judge Ivy Bernhardson ruled Thursday in favor of the Minnesota Police and Peace Officers Association and the Police Officers Federation of Minneapolis. However, the NFL's policy will remain in place pending further court guidance. The judge hasn't set future court dates.

The ruling applies only in Minnesota.

Police groups argued that even off-duty officers need to be armed at Vikings games, to protect themselves and the public.

NFL spokesman Greg Aiello said that the policy is designed to keep fans safe. He says the NFL will continue enforcing it until the matter is resolved.

Emergency repair of water main leads to mandatory water restriction order for Springfield, Longmeadow, East Longmeadow, Agawam, Ludlow

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The Springfield Water and Sewer Commission early Thursday evening instituted a mandatory water restriction for Springfield, Longmeadow, East Longmeadow, Agawam and Ludlow after it shut down a 60-inch transmission main for emergency repair.

UPDATE, Thursday, Aug. 14, 7:35 p.m.: Joyce Mulvaney, public communications manager for the Water and Sewer Commission, said workers were assessing the situation this evening. She said she hoped to have more information on Friday about how long the water restriction order would remain in effect.


SPRINGFIELD — The Springfield Water and Sewer Commission early Thursday evening instituted a mandatory water restriction for Springfield, Longmeadow, East Longmeadow, Agawam and Ludlow after it shut down a 60-inch transmission main for emergency repair.

The transmission main delivers water from Provin Mountain Reservoir to Springfield and surrounding communities, according to a Water and Sewer Department news release.

As a part of the mandatory water restriction, customers should refrain from all outdoor watering activities, and be conscientious of non-essential water use, the release said.

Customers are likely to see a drop in water pressure while repairs are ongoing. The emergency repair does not impact water quality – the water is safe to drink, according to the Water and Sewer Commission.

The commission said it will provide updates as soon as they're available.


Connecticut man charged in post-Superstorm Sandy burglary spree faces new charges

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Police say John Tully and another man facing charges stole cash, electronics and other goods from homes and businesses in Fairfield and Greenwich.

GREENWICH, Conn. — A man charged with going on a burglary spree in the New York City suburbs after Superstorm Sandy in 2012 now faces a long list of similar charges in Connecticut.

Twenty-three-year-old John Tully of Greenwich, Connecticut, recently was charged with a series of burglaries and lootings in Greenwich and Fairfield in the days after the storm hit.

The Greenwich Time reports that Tully was arrested on the Greenwich charges last week. He was charged in the Fairfield break-ins July 30 after being released from a New York prison, where he served time for burglaries in Rye, New York.

Tully's lawyer didn't immediately return a phone message Friday.

Police say Tully and another man facing charges stole cash, electronics and other goods from homes and businesses in Fairfield and Greenwich.

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