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Granby police receive $29K federal Byrne grant to buy new computer equipment

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Gov. Charlie Baker announced the award on Monday, April 6, 2015. Granby police say they'll use the grant to purchase a new server and computers.

GRANBY — The Police Department on Tuesday announced that it has been awarded an Edward J. Byrne Memorial Justice Assistance Grant to purchase a new server and computers for the police headquarters on Route 202 in Granby.

"We look forward to working with you and your community on this public safety initiative," Gov. Charlie Baker and Lt. Gov. Karyn Polito said in an April 6 letter to Granby Police Chief Alan Wishart.

The Police Department said it will use the $29,181 grant to purchase new equipment. "Thanks, we needed the $$$," police officials said in a Facebook message.

The federal Byrne grant is a U.S. Department of Justice assistance program that's administered locally through the Massachusetts Executive Office of Public Safety & Security's Office of Grants & Research.



AG Maura Healey backs bill giving more power to Massachusetts' Health Policy Commission

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The bill would give more legal weight to the recommendations of the Health Policy Commission when it weighs in on hospital mergers and acquisitions.

BOSTON — Massachusetts Attorney General Maura Healey and House Majority Leader Ron Mariano, D-Quincy, unveiled legislation on Tuesday that would give more power to Massachusetts' Health Policy Commission when it weighs in on hospital mergers and acquisitions.

"This bill gives more teeth to any referral from the Health Policy Commission to the attorney general's office," Healey said.

The Health Policy Commission is an independent state agency established by a 2012 health care cost containment law. Its job is to develop policies to reduce the growth in health care costs while improving the quality of care. One important role it plays is in analyzing the impact of hospital mergers.

Last winter, the Health Policy Commission issued a report finding that Partners HealthCare's plan to take over three other eastern Massachusetts hospitals would stifle competition and drive up health care costs. The commission referred the issue to then-Attorney General Martha Coakley, who negotiated a settlement with Partners that would have allowed the merger to proceed. The case went to court, however, and after Healey took office and weighed in against the deal, a judge blocked the merger.

The bill proposed by Healey and Mariano would not change the process the Health Policy Commission goes through in evaluating a merger. But it would define the commission's report as "prima facie evidence" to prove a violation of the state's consumer protection statute. That means that the attorney general could go to court to block a merger, using the consumer protection law, and the commission's report would be accepted as true unless it can be disproven by an opposing party.

"It doesn't mean we win the case. That's the starting point," Healey said. "But the burden is on the parties proposing the transaction to make their case that it isn't going to hurt consumers."

That is different from today, when the court can more easily dismiss the commission's recommendations if there are conflicting opinions, and when the attorney general must rely on an anti-trust law to bring a case against a merger.

Mariano said lawmakers who crafted the 2012 law always wanted to give greater weight to the Health Policy Commission's recommendations, but they were unable to get an enforcement provision drafted in time for it to be included in the original law.

"We just weren't able to get agreement on how to put in enforcement powers and make the Health Policy Commission even more relevant," Mariano said.

Healey and Mariano said the bill will help contain health care costs by making it easier for the attorney general to block mergers that would raise prices for consumers. They stressed that the bill would not lead to opposition to all mergers, only ones that the commission judges will give a provider dominant market power and lead to higher total medical expenses and higher than average prices for consumers.

Chairman of the Health Policy Commission Dr. Stuart Altman said the commission had not lobbied for the change. But, Altman said, "It makes sense in many dimensions."

"It essentially strengthens the linkages between us (and the Attorney General) in ways that I think are mutually beneficial," Altman said.

Altman said if the bill is passed, it would not change the way the commission conducts its investigations. "We like to believe we do a factual independent assessment of many of the major mergers and their implications," Altman said. "We were doing it before. We'll continue to do it."

Altman said the commission is not analyzing any mergers now that are at the level where they would be referred to the attorney general. But, he said, "Hopefully, (the bill) will be used in a way to make our system more competitive and hopefully lead to lower overall prices over future years."

Lora Pellegrini, president and CEO of the Massachusetts Association of Health Plans, said insurers support the bill because it is more likely to prevent situations where providers consolidate, then use their market clout to raise prices. "It makes it hard for health plans to negotiate contracts," Pellegrini said.

The Massachusetts Hospital Association has not yet taken a position on the bill.

"The bill substantially increases the authority of the Health Policy Commission and that is certainly worthy of public scrutiny and debate," said Hospital Association President and CEO Lynn Nicholas in a statement. "So we look forward to examining the proposed legislation and understanding the justification for the proposed increased power, how such power would be used, what benefits or potential unintended consequences it may lead to, and what assurances there will be that the rules for using it will be not only be fair to all, but also clear to all."

Nicholas pointed out that there are benefits of consolidation, because it can lead to improved care and greater efficiency. "During this critical time of change in healthcare, all share an interest in ensuring that providers are not sent confusing or mixed messages about the importance of integrating care and building networks of care," Nicholas said.


Judge declares mistrial in Springfield bank robbery case after jury reaches guilty verdict

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Hampden Superior Court Judge Mark D. Mason has declared a mistrial in the armed robbery case against Jahmal Brangan.

SPRINGFIELD - Hampden Superior Court Judge Mark D. Mason has declared a mistrial in the trial of 42-year-old Jahmal Brangan who was convicted of armed robbery while masked.

Brangan was found guilty of that charge by a Hampden Superior Court jury March 13 for the robbery of the United Bank branch office at 1077 St. James Ave. on Jan. 17, 2014.

The bank was robbed shortly after 11:30 a.m., and the teller gave the suspect an undisclosed amount of cash, police said. The suspect wrote in a note to the teller that he had a weapon that would go "threw" most material.

A police officer testified Brangan's fingerprint was on the note handed to the teller.

Defense lawyer Jared Olanoff requested a mistrial, citing what he said was improper parts of Assistant District Attorney Karen Bell's closing argument.

Mason held a hearing on the matter earlier this month and issued his decision April 6.

Mason had set April 10 as a date to discuss the status of the case. Mason had not sentenced Brangan since he was considering the motion for a mistrial.

Brangan still faces the charge and the prosecution may try him again.

In his motion for a mistrial, Olanoff had cited several parts of Bell's closing argument he thought warranted a mistrial.

Mason's ruling said only one rose to the level of warranting a mistrial.

That was Bell's remark to the jury that they got to watch Brangan taking notes through the trial "left-handed." Bell said a police witness said the note was written left handed.

Mason, after Bell's closing argument, told the jury he was striking that statement of Bell's about the jury seeing Brangan write left-handed.

In his declaration of a mistrial Mason said Bell improperly sought to draw an inference that because Brangan was writing with his left hand in court and there was evidence that the robber wrote the note with his left hand, "Mr. Brangan was guilty of the robbery."

"This attempted inference of guilt crosses the line into impermissible argument," Mason wrote.

"The prosecutor's comment is troubling for a second reason, based on the Court's personal observations throughout the trial," Mason said.

"The layout of the courtroom, the locations of the jury in relation to Mr. Brangan, and the persons, objects and stacks of paper between them during the trial, when considered together, do not support an inference that any or all members of the jury were able to view Mr. Brangan's hands while writing during the trial," he wrote.

Mason concluded that Bell's error in referencing Brangan taking notes left-handed "went to the heart of Mr. Brangan's defense and did make a difference in the jury's conclusion. The error was prejudicial."

Mason said whether Bell's statement was prejudicial depended heavily on the strength of the evidence against Brangan.

The judge said the prosecution's case "was not overwhelming."

"The jury deliberated for more than 11 hours over the course of three days. No eyewitness identified Mr. Brangan at trial. The descriptions of the offender did not match Mr. Brangan."

"The defendant had a fairly credible alibi witness who testified that he was with Mr. Brangan at the time of the robbery. The Commonwealth's evidence hinged largely on a fingerprint on the robbery note," Mason wrote.

"The commonwealth's fingerprint expert testified that he could not say, with certainty, when or how the fingerprint got on the note. Apart from the one fingerprint attributed to Brangan, there remained a second unidentified inside (hand) webbing print on the note," Mason said.

Judge Mark Mason decision granting mistrial for Jahmal Brangan

Live reporting: Holyoke City Council votes on Polish historic district

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Ten votes from the 15-member City Council are needed to approve the Polish historic district because it is a zoning matter.

HOLYOKE -- In a key step in a controversy, the City Council is scheduled to vote Tuesday (April 7) whether to adopt an ordinance that would establish a Polish Heritage Historic District on Lyman Street that would feature the closed Mater Dolorosa Church.

Follow along as live coverage is posted of the 7 p.m. meeting at City Hall in the comments section under this story.

The issue has bristled with accusations of legal shenanigans and divisiveness, lack of trust and questioning of morality in the more-than-four-year study the city has done of the proposed historic district.

Supporters want the historic designation largely because of Mater Dolorosa Church (It's Latin for "sorrowful mother," a reference to the mother of Christ.) The church was built and paid for by Polish immigrants, who came here in heavy numbers between the 1890s and the outbreak of World War I in 1914 to work in the paper and other mills, build homes, raise families and open businesses, supporters said.

They want Mater Dolorosa safeguarded by such a historic designation, bitter that the Roman Catholic Diocese of Springfield closed the church in 2011 and refusing to believe Diocese officials' assurances that there are no plans to demolish Mater Dolorosa Church.

The Diocese closed Mater Dolorosa Church because parishioner numbers had declined and out of concerns about the steeple. But while an engineer for the Diocese said the steeple is unsound, an engineer for Friends of Mater Dolorosa said the steeple will stand for a long time.

Foes of the proposal said such arguments ignore the reality of declining numbers of parishioners and the need to merge, which is what happened in 2011. The Diocese combined Mater Dolorosa with the former Holy Cross Church to form Our Lady of the Cross. That parish has Masses and other services at the former Holy Cross Church at 23 Sycamore St.

The chief concern expressed by the Diocese and Our Lady of the Cross parishioners is that designating Mater Dolorosa Church historic would strap the parish with a financial burden. The parish would be unable to afford the cost of maintaining the closed church at standards that meet historic-upkeep guidelines, they said.

Also, they said, labeling the property "historic" would make the church unsellable because buyers would be discouraged by such requirements.

If a historic district is established that includes Mater Dolorosa Church, the Diocese would consider filing a lawsuit against the city, Diocese spokesman Mark E. Dupont has said.

Because it is a zoning issue, approval is needed from a two-thirds majority of the 15-member City Council, or 10 votes.

Support of the full City Council for the Polish historic district is uncertain even though the council Ordinance Committee has voted 4-1 to recommend the ordinance be adopted.

The 15 members of the City Council are President Kevin A. Jourdain and members Jossie M. Valentin, Jennifer E. Chateauneuf, Linda L. Vacon, David K. Bartley, Rebecca Lisi, Joseph M. McGiverin, Gladys Lebron-Martinez, Howard B. Greaney, Gordon P. Alexander, James M. Leahy, Anthony Soto, Peter R. Tallman, Daniel B. Bresnahan and Todd A. McGee.

Lobbying of city councilors leading up to Tuesday's vote has included letters from the Most Rev. Mitchell T. Rozanski, bishop of the Diocese, urging a no vote, and from former Holyoke mayors Michael J. Sullivan, Daniel J. Szostkiewicz and Martin J. Dunn, urging a yes vote.

After the Diocese closed Mater Dolorosa Church in 2011, then-Mayor Elaine A. Pluta asked the the Fairfield Avenue Local Historic District Commission in December of that year to explore the formation of a Polish historic district.

That commission's report is the proposed ordinance facing the City Council.

To read the report about the proposal and see a map of the proposed district, go to the city website at holyoke.org. In the drop-down menu on the right side, click on "Historical and Fairfield Avenue Commissions," and on the left side of the page that comes up, click on "Proposed Polish Heritage Local Historic District."

Palmer police: water main break in downtown Palmer, traffic being detoured

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Route 20 was closed at North Main Street as authorities attempted to fix the problem.

PALMER — Officials were dealing with a water main break in downtown Palmer late Tuesday afternoon.

"Please avoid the downtown area of Palmer, primarily North Main Street," Palmer police said in an automated phone message at 4:20 p.m.

Police said Route 20 was closed at North Main Street for the time being, and traffic was being detoured away from that area.

The Palmer Water Department is attempting to fix the issue as quickly as possible.


 

US stocks end lower following late-day sell-off; oil gains

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Energy stocks rose with the price of oil while consumer discretionary stocks were among the biggest decliners.

By KEN SWEET
and MATTHEW CRAFT

NEW YORK -- U.S. stocks fell Tuesday as an early advance fizzled in the last hour of trading.

Energy stocks rose with the price of oil while consumer discretionary stocks were among the biggest decliners. Utility stocks also dragged down the major indices.

The Dow Jones industrial average lost 5.43 points, or 0.03 percent, to 17,875.42. The Standard & Poor's 500 index fell 4.29 points, or 0.2 percent, to 2,076.33. The Nasdaq composite lost 7.08 points, or 0.1 percent, to 4,910.23.

Stocks were modestly higher most of the day but sank right before the close. The Dow Jones utility index, an index representing 15 of the nation's largest utility companies, fell 1 percent.

Many traders spent the day focusing on the upcoming earnings season. Earnings season officially starts Wednesday with Alcoa, which reports its results after the closing bell.

Bad news from Alcoa, and other companies, could make for turbulent trading.

Analysts have put the bar for first-quarter profits very low, a result of the stronger dollar and low oil prices squeezing revenues. They expect overall earnings to shrink 3 percent compared with the same quarter of last year, according to S&P Capital IQ. If those forecasts come true, it would be the first earnings drop since 2009.

"Equities are trading near all-time highs while earnings expectations get set lower," Terry Sandven, senior equity strategist at U.S. Bank Wealth Management. "That's just not sustainable."

Investors also had two deals to work through Tuesday.

FedEx said it reached an agreement to take over TNT Express, one of Europe's largest delivery companies, for 4.4 billion euros, or $4.8 billion. If shareholders approve it, the companies expect to wrap up the deal in the first half of 2016. FedEx's stock surged $4.49, or 3 percent, to $171.16.

Warren Buffett's Berkshire Hathaway plans to take a nearly 10 percent stake in Axalta Coating Systems, which makes specialized coatings for cars and trucks. Berkshire is buying 20 million shares for $28 from The Carlyle Group, a private equity firm. Axalta, which went public in November, jumped $2.78, or 10 percent, to $31.11.

Oil prices rose on Tuesday. U.S. crude increased $1.84, or 3.5 percent, to close at $53.98 a barrel in New York. Brent crude, a benchmark for international oils used by many U.S. refineries, rose 98 cents, or 1.7 percent, to close at $58.10 a barrel in London.

U.S. government bond prices rose slightly. The yield on the 10-year Treasury note fell to 1.88 percent from 1.90 percent on Monday.

In the metals markets, gold fell $8 to settle at $1,210.60 an ounce, while silver slipped 27 cents to $16.84 an ounce. Copper rose 5 cents to $2.76 a pound.

In other energy futures trading on the NYMEX:

  1. Wholesale gasoline rose 1.8 cents to close at $1.861 a gallon.
  2. Heating oil rose 2 cents to close at $1.784 a gallon.
  3. Natural gas rose 3 cents to close at $2.680 per 1,000 cubic feet.

Live Reporting: Chicopee City Council discusses pool repairs, improvements to Bonneville Avenue

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Masslive will report on the meeting live in the comments section starting at 7:15 p.m.

CHICOPEE - The City Council is meeting Tuesday night to discuss making pool repairs, improving Bonneville Avenue and to discuss continuing a moratorium for commercial and industrial development on Burnett Road.

Included on the 53-item agenda is a proposal to spend $175,000 to make repairs to the four outdoor pools at Ray Ash Park, Sot Park, Rivers Park and Fairview Park in July. That money would come out of a capital improvement account created when the City Council and Mayor Richard J. Kos agreed to increase the tax rate by an additional $3 million.

Also on the council's agenda is a request to rezone a parcel of land at 37 Telegraph Ave. to allow Westover Building Supply to expand. Neighbors have protested the proposal but the Planning Board recently voted to support it.

The City Council will also discuss a proposal to continue a moratorium on commercial and industrial development because of the traffic problems on Burnett Road. The moratorium, which is at least 10 years old, does allow development with a special permit.

Masslive will cover the meeting live in the comments section starting at 7:15 p.m.

Easthampton to Lt. Gov. Polito: Natural gas moratorium and paltry municipal budget big problems

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Polito said there are no "red issues" or "blue issues" when it comes to working with cities and towns across Massachusetts.

EASTHAMPTON — Easthampton officials told Massachusetts Lt. Gov. Karyn Polito Tuesday that sparse municipal budgets combined with impediments to economic development, including a recent moratorium on natural gas hookups, are major issues for the city.

The gas hookup moratorium imposed by Columbia Gas at the end of 2014 could impact the redevelopment of the Pleasant Street mills, said City Planner Jessica Allan. The mill project has been spurred by more than $7 million in MassWorks infrastructure grants, with three private property owners poised to invest significant funds to develop and offer spaces to private businesses, Allan said.

"This is a problem we need to solve," Allan said. "It puts us at a disadvantage." Her concerns were echoed by state Sen. Donald Humason, R-Westfield, and State Rep. John Scibak, D-South Hadley, who said soaring utility costs over the winter have hit the local economy hard.

Natural gas hookup moratoriums have been imposed by Columbia Gas in Northampton and Easthampton, and by Berkshire Gas in Greenfield, Deerfield, Montague, Whately, Sunderland, Amherst, Hadley and Hatfield. The companies have said the north-west spur line known as the Northampton Lateral is completely subscribed, and that more natural gas pipeline capacity is needed in the region to alleviate the bottleneck.

Mayor Karen Cadieux said Kevin Perrier, who is building market-rate housing at the former Parsons Street Elementary School, could not outfit the new residences with natural gas. "He was not very happy about that," said Cadieux.

Polito said Gov. Charlie Baker is committed to working with the other New England governors to craft a regional energy strategy. "This won't happen overnight," she said. Baker met with leaders from the Northeast at a recent National Conference of Governors meeting in Washington, D.C., where energy was discussed, Polito said.

"The moratorium issue needs to be resolved," said Polito, adding that state Energy and Environment Secretary Matthew Beaton is aware of the issue.

Cadieux zeroed in on the state of municipal and school budgets, saying they will be unacceptably lean in fiscal 2016. "I can't keep going back to my department heads telling them to make cuts and restructure," said Cadieux. "There's nothing left."

Cadieux said Easthampton hasn't seen a boost in local aid since 2008, and that state funding formulas place the city at a disadvantage. The slight increase in local aid promised under the Baker administration will be decimated by assessments for charter and school choice tuition in fiscal 2016, said Cadieux, who also referenced the past winter's $600,000 snow and ice removal deficit.

School Superintendent Nancy Athas said she had to make staff and teaching cuts in the schools last year, and has lost 39 total positions over the past five years due to inadequate education budgets.

Cadieux and Athas are currently in talks with the Massachusetts School Building Authority about the possibility of constructing a consolidated K-8 school. The envisioned facility would retire three elementary schools as well as the White Brook Middle School, which is plagued by mechanical problems.

"We want to be the school of choice," said Cadieux. "In fact, we should be the school of choice." Cadieux noted that Easthampton High School has been rated a "Level One" school by state authorities for its student achievement.

Polito has been meeting with local officials across the state as part of her "Building Stronger Communities" tour. Baker in January put Polito in charge of his newly formed Community Compact Cabinet and empowered her to advocate for cities and towns. Polito said the compacts, or agreements, can "memorialize an understanding between municipalities and the governor's office."

She said the compacts represent a two-way street: "There are ways the state can do better. But there are ways cities and towns can improve, as well. This is about increasing accountability on both sides, and about making municipalities as competitive as they can possibly be."

Polito said the state stands ready to cut through red tape, reevaluate unnecessary regulation, and offer technical assistance in the area of economic development.

"That will help you grow your tax base," said Polito.

Polito met earlier with Northampton Mayor David Narkewicz and his top staffers. Asked how she's been received in the Pioneer Valley, long known as a Democratic Party stronghold, the Republican lieutenant governor said she has been warmly welcomed.

"Our goal is to grow economic opportunity and make all areas of Massachusetts as great as they can be," said Polito. "It's not about red issues or blue issues. It's about rolling up our sleeves and getting this work done together."
_____________________________________________________________________
Mary Serreze can be reached at mserreze@gmail.com

Know Your Town to sponsor South Hadley candidates forum

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The 7 p.m. event on April 9 is at town hall auditorium, 116 Main St.

SOUTH HADLEY - Thirteen of the nineteen individuals running for elected town offices this year are expected to attend a candidates forum sponsored by the non-profit community group Know Your Town on Thursday night.

The 7 p.m. event on April 9 is at town hall auditorium, 116 Main St.

WGGB-TV television newsman, Chris Pisano of abc40/FOX6 will moderate.

The format allows the candidates to each give a policy statement; and they will answer oral and written questions from attendees.

The town's annual election is the following week, on April 14.

There are contested races for the board of trustees for South Hadley Public Library, with four seeking three seats.

There are two contested races for the municipal light board, with two running for a three-year term; and four running for a one-year term.

 

White SC police officer faces murder charge for shooting black man

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North Charleston Mayor Keith Summey told a hastily called news conference that city Patrolman Michael Thomas Slager was arrested and charged Tuesday after law enforcement officials saw a video of the shooting following a Saturday traffic stop.

CHARLESTON, S.C. -- A white South Carolina police officer was charged with murder Tuesday in the weekend shooting death of a black motorist after a traffic stop.

City Patrolman Michael Thomas Slager was arrested and charged after law enforcement officials saw a video of the shooting following a Saturday traffic stop, North Charleston Mayor Keith Summey told a hastily called news conference.

Authorities say the victim, 50-year-old Walter Lamer Scott of Charleston, was shot after the officer already hit him with a stun gun. A video of the shooting released to news media outlets shows the officer firing several times at the man's back while he's running away.

Summey said at a news conference that Slager made a "bad decision."

"When you're wrong, you're wrong," Summey said. "When you make a bad decision, don't care if you're behind the shield or a citizen on the street, you have to live with that decision."

Slager's attorney had released a statement Monday saying the officer felt threatened and that the motorist was trying to grab the officer's stun gun. The attorney told The Post and Courier of Charleston on Tuesday that he no longer represents the officer.

North Charleston Police said Slager was arrested by officers of the South Carolina Law Enforcement Division.

The shooting occurred as heightened scrutiny is being placed on police officer shootings, particularly those that involve white officers and unarmed black suspects. A grand jury declined to indict Ferguson, Missouri, officer Darren Wilson in the fatal shooting of Michael Brown last August, leading to nationwide protests.

In a separate case in South Carolina, a white police officer who shot a 68-year-old black man to death last year in his driveway was charged Tuesday with a felony: discharging a gun into an occupied vehicle. A prosecutor previously tried to indict North Augusta officer Justin Craven on a manslaughter charge in the February 2014 death of Ernest Satterwhite. But a grand jury instead chose misconduct in office, which is a far lesser charge.

Craven chased Satterwhite for 9 miles beyond city limits to the man's driveway in Edgefield County. After Satterwhite parked, the officer repeatedly fired through the driver-side door, prosecutors said. The 25-year-old officer faces up to 10 years in prison if convicted of the gun charge.

'No appetite' to handle legalization of marijuana in Legislature, state Senate President Stanley Rosenberg says

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A group called "Bay State Repeal" is seeking to place a question on the ballot, which will requiring drafting language that must be first approved by the attorney general and gathering signatures from voters.

By GINTAUTAS DUMCIUS

BOSTON - The legalization of recreational marijuana is likely headed to the 2016 ballot, with "no appetite" among state lawmakers to handle the issue first, according to Senate President Stanley Rosenberg.

Stanley Rosenberg mug 2015Stanley Rosenberg 
"There's been conversations and there seems to be no appetite in the Legislature to take up ... recreational marijuana, so you should expect to see it on the ballot in 2016," Rosenberg, D-Amherst said in an interview on the Boston Herald's internet radio station on Tuesday.

A group called "Bay State Repeal" is seeking to place a question on the ballot, which will requiring drafting language that must be first approved by the attorney general and gathering signatures from voters.

Gov. Charlie Baker, House Speaker Robert DeLeo, Attorney General Maura Healey and law enforcement officials have said they oppose full legalization. Rosenberg on Tuesday declined to state his position on full marijuana legalization.

Fifteen lawmakers have signed onto a legalization bill, sponsored by Rep. David Rogers and Sen. Patricia Jehlen, but Bay State Repeal has referred to the bill's tax on recreational cannabis as "excessive."

Rosenberg in January assigned Sen. Jason Lewis, D-Winchester, to head up a special committee on marijuana.

The committee is primarily geared towards gathering information on the topic in anticipation of the measure appearing on the 2016 ballot, and Lewis is expected to remain the sole member of the committee, according to a Senate spokesman.

Rosenberg told Herald Radio that he tapped Lewis, the Senate chair of the Public Health Committee, to research the subject in part to avoid the issues that have bedeviled the implementation of medical marijuana in Massachusetts.

According to a draft work plan, Lewis will seek to complete his work by the end of 2015 and make recommendations to the Senate in early 2016. He will examine the risk of addiction and increased use by minors, the impact on the criminal justice system and the black market, tax policy, conflicts between state and federal law, and the effect on surrounding states.

With lawmakers reluctant to get involved in marijuana policy, Bay State voters approved a ballot question in 2008 that decriminalized possessing up to an ounce of marijuana and instituted civil penalties instead. Voters then legalized medical marijuana in 2012 after activists again circumvented the Legislature to pass a major law.

But the licensing of medical marijuana has drawn criticism from proponents who say patients are suffering while they wait for the implementation process to play out. Other critics have noted the state's vetting process missed inaccuracies in applications.

On the legalization of marijuana, Rosenberg said, "We should be more like the casino effort than the medical marijuana effort, 'cause we really understood what we were doing with the casinos."

Rosenberg was the lead lawmaker in the Senate when the Legislature approved an expanded gambling law in 2011 that allowed for the creation of up to three resort casinos and a slots parlor.

Rosenberg laid some of the blame on the medical marijuana ballot initiative, saying the law was "very awkwardly written," with conflicts and contradictions.

"It's not good that it's taken this long," Rosenberg told Herald Radio.

"They just have to keep working at it," he added.

Accepted at all 8 Ivy League schools, New York student, 17, now has to decide where he'll go

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The teenager from Long Island was accepted at all 13 schools he applied to.

By FRANK ELTMAN

ELMONT, N.Y. - Elmont High School senior Harold Ekeh had a plan. He would apply to 13 colleges, including all eight Ivy League schools, figuring it would help his chances of getting into at least one great school.

It worked. And then some. The teenager from Long Island was accepted at all 13 schools, and now faces his next big test: deciding where to go.

"I was stunned, I was really shocked," Ekeh said during an interview Tuesday at his home near the Belmont Park racetrack, his four younger brothers running around.

He found out last week he had been accepted to Princeton University. That made him eight for eight in the Ivy League -- he had already been accepted to Yale University, Brown University, Columbia University, Cornell University, Dartmouth College, Harvard University and University of Pennsylvania. His other acceptances came from Johns Hopkins University, Massachusetts Institute of Technology, New York University, Stony Brook University and Vanderbilt University.

"We are so proud of him," said his mother, Roseline Ekeh. "Hard work, dedication, prayer brought him to where he is today."

Born in Nigeria, Harold was eight years old when his parents brought the family to the United States.

"It was kind of difficult adjusting to the new environment and the new culture," he said. But he saw his parents working hard, "and I took their example and decided to apply myself."

He referenced that effort in his college essay, writing, "Like a tree, uprooted and replanted, I could have withered in a new country surrounded by people and languages I did not understand. Yet, I witnessed my parents persevere despite the potential to succumb. I faced my challenges with newfound zeal; I risked humiliation, spending my recesses talking to unfamiliar faces, ignoring their sarcastic remarks."

Harold "is tremendously focused in everything he does," said John Capozzi, the school's principal. "He's a great role model. All the students and faculty are so proud of him."

Harold is the second Long Island student in as many years to get into all eight Ivies. Last year, William Floyd High School's Kwasi Enin chose to go to Yale.

Harold, who has a 100.51 grade-point average and wants to be a neurosurgeon, said he was leaning toward Yale, and had heard from Enin, offering congratulations. Like Enin, he's likely to announce his college choice at a press conference later this month. The deadline to decide is May 1.

Greenfield police: Derek Lecompte, accused sex offender from Franklin County, captured in Miami

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Springfield man jailed for violating restraining order; ex-girlfriend claimed he killed her dog Tinkerbell

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But defense lawyer Randy Milou said the woman was not home when Smith appeared at her home on March 28. The 911 call came from her nephew who heard someone banging on the door but never saw Smith, the lawyer said.

SPRINGFIELD - If William Smith figured he would never hear Tinkerbell's name again, he was wrong.

As Judge William Boyle reviewed the defendant's criminal record last week, he came across a 2014 charge - later dismissed - that Smith killed his girlfriend's small dog by snapping its neck.

"The dog's name was Tinkerbell," the judge told Smith's defense lawyer, who claimed the Pomeranian-Chihuahua mix had actually been poisoned.

"And it wasn't poisoning," he added.

Smith, 28, of Springfield, was back in court last week, charged with violating a restraining order taken out by Tinkerbell's owner, who is now his ex-girlfriend.

The case dates back to March 28 when police received a 911 call that a man was trying to force his way into Smith's ex-girlfriend's Wrentham Road home. By the time police arrived, the man had fled, but a police officer who lives next door had recognized Smith and confronted him as he tried to enter through a window, according to a police report.

During Smith's arraignment in Springfield District Court, a prosecutor requested $500 bail on the new charge and asked Boyle to revoke Smith's release on an earlier assault case.

But defense lawyer Randy Milou said the woman was not home when Smith appeared at her home on March 28. The 911 call came from her nephew who heard someone banging on the door but never saw Smith, the lawyer said.

Milou also suggested that the police officer living next door had a vendetta against Smith and had encouraged the woman to seek a criminal complaint after Tinkerbell's death in July.

Relying on information provided by his client, Milou pointed out that Boyle had actually dismissed the dog-killing case in December.

"It wasn't my ruling," Boyle said, adding another judge must have dismissed the case.

Under the restraining order, Smith was barred from having any contact with the woman, much less visiting her home, according to Boyle, who granted the prosecutor's motion to revoke Smith's release.

"You'll have to go with the court officers," he told Smith, who glared back at the judge while leaving the court room.

He also imposed $500 cash bail on the new charge.

The dog-killing case was dropped on Dec. 16 after a prosecutor filed a motion stating "there was insufficient evidence to warrant further prosecution at this point."

No further explanation was given, but Smith's previous defense lawyer said the actual cause of death would be difficult to prove since the defendant was charged three months after the dog died and was buried.

In her statement to police, the dog's owner said Tinkerbell was alive and well when she left her home on July 20 and severely injured when she returned.

Smith, who had been drinking Bacardi rum for several hours, was inside sobbing and apologizing. "All I ever do is hurt you. I'm selfish. I just want to die," Smith said, according to the woman's report.

The dog's injury was consistent with a broken neck, Assistant District Attorney Matthew Hutchinson said during Smith's arraignment on Oct. 31. The defendant was angry at his girlfriend for leaving the house without him, and had made previous attempts to hurt the dog to punish her, the prosecutor said.

But Smith claimed the dog was hit by a car outside the house between 2:30 p.m. and 3 p.m., and described the vehicle as a gold and silver sedan.

At the woman's request, the police officer next door checked his surveillance system; no car matching that description passed the house all afternoon, and the dog was never out on the street, the neighbor said, according to court documents.

"Tinkerbell spent most of her time out in my yard as she used to do," the neighbor said.


AG Maura Healey: Dzhokhar Tsarnaev 'deserves to spend the rest of his days on this earth in jail'

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Healey opposes the death penalty, which is why she thinks Tsarnaev should get life in prison. But Healey called the use of federal charges, which carry the death penalty, "appropriate."

BOSTON - As a federal jury deliberates in the case of Boston Marathon bomber Dzhokhar Tsarnaev, Massachusetts Attorney General Maura Healey said she hopes Tsarnaev spends the rest of his life in jail.

"I'm confident he'll be punished, and he deserves to spend the rest of his days on this earth in jail," Healey said.

The jury is deliberating now in Boston on whether Tsarnaev is guilty of 30 federal charges related to the bombing at the 2013 Boston Marathon, which killed three people and injured 260, and the subsequent murder of an MIT police officer. Tsarnaev's brother Tamerlan was killed when Dzhokhar Tsarnaev ran him over during a shootout with police.

Tsarnaev's attorneys have admitted that Tsarnaev placed the bomb but have argued that he was under the influence of his older brother. If the jury finds him guilty, they will move to the penalty phase of the trial. Seventeen of the charges carry the possibility of the death penalty, and the jury will decide whether to give him death or life without parole.

Healey said she opposes the death penalty, which is why she thinks Tsarnaev should get life in prison.

"I think he should spend the rest of his life in jail. What he did was absolutely despicable and heinous," Healey told reporters at the Statehouse on Tuesday. "We're coming up on the anniversary of the Marathon bombing, and my heart goes out to the victims and the families and the folks who to this day continue to struggle with what he and his brother did."

Tsarnaev has also been indicted by a Middlesex County grand jury for the murder of MIT Police Officer Sean Collier, so there could be a state trial after the federal one.

Asked whether the whole case could have been handled in state court, which would have eliminated the possibility of the death penalty, Healey said, "There's federal statutes that allow him to be charged, and that's appropriate."


Gov. Charlie Baker continues to support death penalty for Dzhokhar Tsarnaev, even though he realizes decision belongs to jury

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Baker said his thoughts are with the victims of the Boston Marathon bombing,

BOSTON - Massachusetts Gov. Charlie Baker said Wednesday that his thoughts are with the victims of the Boston Marathon bombing, as a federal jury found Dzhokhar Tsarnaev guilty of setting the bomb that killed three people and then murdering an MIT police officer.

"Every single day, we've watched these men and women standing tall, in many cases with artificial limbs, work their way in and out of the courthouse," Baker said. "Then you hear reports from the media with respect to what was shown during the trial. I have to believe that was incredibly hard for those people to do every single day."

"Many of them sat there in a chair in front of that trial courtroom and testified, staring right at the person who had so significantly changed their lives," Baker continued. "I thought it took incredible guts."

Baker said during the trial, "I couldn't help but imagine what it would have been like to have been one of those family members reliving in very graphic detail one of the most and in many cases probably the most, horrible moment in their lives."

Baker, a supporter of the death penalty, said he continues to support the death penalty for Tsarnaev, but he recognizes that it is a decision to be made by the jury. Now that Tsarnaev has been found guilty, the same jury will decide whether to give him the death penalty.

Baker said he believes the jury reached the right verdict in finding Tsarnaev guilty of all 30 counts in the federal indictment.

"To this day, I continue to be amazed that somebody could stand there for four minutes in front of Martin Richard and place that device right next to him," Baker said.

With the Boston Marathon coming up in just 12 days, Baker said he was amazed at "the incredible amount of effort and technology and ingenuity" that went into security at the 2014 Boston Marathon, and he expects this year's event will be a great day. Baker said he is looking forward to handing a wreath to the 2015 Marathon winner.

PM News Links: Death penalty win seen as tough sell in bombing case, stick-wielding clerk chases robber with knife, and more

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The state's highest court said that leaders of the executive branch failed to fully investigate how many times former state chemist Sonja Farak tampered with drug evidence during the nine years she worked at a now-closed state lab in Amherst.

A digest of news stories from around New England.



Dzhokhar Tsarnaev horiz mug 2013Dzhokhar Tsarnaev 
  • Death penalty win seen as tough sell in Dzhokhar Tsarnaev Boston Marathon bombing case [Boston Herald] Photo at left, related videos above, below

  • Knife-wielding robber chased by stick-wielding store clerk in New Hampshire [Union Leader]


  • Supreme Judicial Court criticizes Bay State officials for failing to fully investigate Amherst drug lab tampering [Boston Globe]

  • Justice Department declines to bring charges against New York police officer who killed Pace University student D.J. Henry of Easton in 2010 [New York Times] Video below



  • South Windsor man accused of stabbing cousin, mother of his baby [Hartford Courant]

  • Police seize 36 items from Boylston home of Bridgewater State University daycare center director, on leave in sex assault investigation [Telegram & Gazette]


  • Nantucket voters approve ban on helium balloons [CapeCod.com]


  • Vermont police accuse cab driver of transporting students to school while drunk [Milton Independent]

  • New Hampshire resident use canoe to rescue 90-year-old woman from sinking car in 'Easter miracle' [Concord Monitor]






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  • South Hadley selectboard declines to support proposal to reduce number of Town Meeting members by 30

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    Citing the fiscally challenging environment, Town Administrator Michael Sullivan, since assuming office two years ago, has stressed the need to operate government with less resources and personnel, and his efforts have been favorably received by the Selectboard

    SOUTH HADLEY - Citing the fiscally challenging environment, Town Administrator Michael Sullivan, since assuming office two years ago, has stressed the need to operate government with less resources and personnel, and his efforts have been favorably received by the selectboard.

    But the administrator's idea to trim the number of town meeting members by 30 people - and ask the municipality's legislative body to act on the matter via a warrant article at next month's annual town meeting - was not endorsed by the the town fathers at Tuesday's meeting.

    Board members said they would be comfortable presenting the concept - but only after all other business has been transacted at the annual meeting. And, the administrator's proposal to reduce from 120 to 90 the number of Town Meeting members should be a non-binding article, instead.

    Following a discussion, Sullivan said he supported the board's decision.

    Michael SullivanTown Administrator Michael Sullivan. 
    That article also seeks to decrease to 18, from 24, the number of representatives of each municipal precinct.

    Section 204 L of the general bylaws currently states: "The officers of the town elected by the voters shall be: one hundred and twenty (120) Town Meeting members, each elected for three (3) years, comprised of twenty four (24) from each Precinct."

    The board likewise declined to sign onto an idea Sullivan presented with input from the town clerk that would change the day of the annual meeting from Saturday to Wednesday.

    Board members said that idea could also be presented as a non-binding item for discussion purposes.

    Chicopee announces unique program to help people buy 3-family homes

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    The program is designed to encourage more owner-occupation of three-family homes.

    CHICOPEE - Hoping to foster owner-occupied housing in three-family homes in the poorest neighborhoods in the city, officials Wednesday announced an innovative program that will give people help purchasing and fixing up the multi-unit buildings.

    Flanked by two bank presidents and other city officials, Mayor Richard J. Kos announced details of the new Multi-family Owner Investment Program. Already people have been contacting the city about the program, since information about it has been spreading even before the official announcement.

    "Our goal here is to encourage owner-occupied properties," Kos said. "All too often we are dealing with absentee landlord issues and problem properties."

    When the City Council adopted the fiscal year 2015 budget in June, members agreed to set aside $96,000 in a special account to run the Multi-Family Owner Investment Program. Since then city officials have been working out legal and financial details to start it.

    The plan is to provide $16,000 to help people buy a three-family home. The money can be used in part for the purchase of the building and in part to make repairs or upgrade the building, he said.

    "It is a grant if you chose to live there for 16 years," Kos said. For people who chose to sell or move elsewhere in less time, they will receive $1,000 for every year they live in one of the units and have to pay back the remaining money.

    The program is designed specifically for three-family properties in Chicopee Falls, Chicopee Center and Willimansett but since the borders for the neighborhoods are fluid and the funding is not tied to any state or federal regulations, the city does have some flexibility, said Kathleen Lingenberg, director of housing for the city.

    The program is specifically for three-family homes. First-time homebuyers of single-family and two-family homes are often eligible for assistance through different state and federal programs for low and moderate-income families, but it is difficult for the same people to buy three-family homes because the rent they would receive would count toward their income, so they would not fit in the moderate-income category, Kos said.

    Homes with more than three apartments are typically put in a different lending category, Lingenberg said.

    "Three-families are in a unique niche," she said.

    Buyers and their real estate agents will work with the banks and the city to determine how much of the $16,000 would be used for rehabilitation and how much can be put toward the purchase of the building. At a minimum $5,000 would be spent on rehabilitation.

    The repairs would have to bring the homes up to building codes, including any needed removal of lead paint. In homes in good condition, improvements can be more cosmetic, Lingenberg said.

    Chicopee Savings Bank President William Wagner and Polish National Credit Union President James Kelly said they are both committed to working with the city on developing the program.

    "I'm excited about this program that is a little outside the box," Wagner said.

    The program fills a need in the city, he said.

    The city will also work with any other bank of the buyer's choice. Kos said he reached out to the two local banks because they have worked with Chicopee previously and were interested in trying the program.

    City Council President George R. Moreau, whose ward include the Willimansett section which has a large number of three-family homes, said a number of the homes are run-down and he is excited that this will help restore them.

    Currently the program is funded with the $96,000, which is placed in a special account. Moreau said he hopes Kos will continue to fund the program in the future when the initial amount is spent.

    Because the program is unique, it is not known how many people will take advantage of the funding. An examination of real estate listings shows in a three to four month period about 10 houses were put up for sale, Lingenberg said.

    New England Treatment Access gets approval to start growing medical marijuana for sale in Northampton

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    NETA received a certificate from the state, which will allow it to begin cultivating medical marijuana

    The medical marijuana company New England Treatment Access has received state approval to grow medical marijuana in Franklin and sell it in Northampton.

    The Department of Public Health gave NETA its certificate of registration, which allows it to proceed with growing marijuana, on April 3. There will be one final inspection of the dispensary before NETA can begin to sell marijuana.

    "We're now in the process of cultivating, and we'll hopefully be serving qualified patients this fall," said Dot Joyce, a spokeswoman for New England Treatment Access.

    NETA is one of two medical marijuana companies that have received a certificate of registration. The other one is Alternative Therapies, which plans to cultivate marijuana in Amesbury and sell it in Salem.

    NETA has also applied for a license to open a dispensary in Brookline, and that license is still pending.

    NETA's dispensary building is fully constructed and ready to open.

    NETA was one of 20 applicants to receive preliminary approval for a dispensary from former Gov. Deval Patrick in January 2014. But no dispensary has yet opened due to problems with the state's licensing procedures.

    There are 13 other dispensaries in the inspection phase, which is an earlier stage of the licensing process. The only one of those in Western Massachusetts is Patriot Care Corp., which plans to build a dispensary in Greenfield. 

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