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Judge says Kentucky clerk Kim Davis obeying gay marriage ruling, dismisses ACLU suit

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A federal judge ruled that Kentucky clerk Kim Davis has obeyed his orders in the months since she spent five nights in jail for refusing to license same-sex marriages.

LOUISVILLE, Ky. -- A federal judge ruled that Kentucky clerk Kim Davis has obeyed his orders in the months since she spent five nights in jail for refusing to license same-sex marriages.

United States District Judge David Bunning wrote Tuesday that Davis has allowed her deputies to issue marriage licenses and dismissed a request from the American Civil Liberties Union to consider ordering her to reissue licenses she altered to remove her name.

After the United States Supreme Court legalized gay marriage last summer, Davis refused to allow her office to issue marriage licenses. She relented during a turbulent court battle, but altered the licenses.

The ACLU asked the judge to make her reissue the marriage licenses.

Bunning on Tuesday found that request to be "moot;" he said the altered licenses are valid.


Massachusetts Weather: Cloudy Tuesday, snow showers likely Wednesday

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Scattered snow showers are on the horizon for Wednesday.

SPRINGFIELD -- Scattered snow showers are on the horizon for Wednesday.

The National Weather Service says snow is likely Wednesday, currently predicting a 60 percent chance in Springfield and Worcester, 50 percent in Boston and 70 percent in the Berkshires.

Snow showers are expected to hit Boston mainly before 9 a.m. in the morning, 10 a.m. in Springfield. Worcester may see snow until around 3 p.m. in the afternoon. Pittsfield may see isolated snow showers until 7 p.m.

Heavy snowfall is not expected, meteorologists with the National Weather Service say, but Massachusetts communities could one to two inches fall in a short period of time, resulting in roads quickly becoming covered.

The high will be around 36 degrees in Springfield and Boston, 34 in Worcester, 32 in Pittsfield on Wednesday.

The low Tuesday evening will be around 18 degrees in Worcester, 19 in Springfield, 20 in Pittsfield and 21 in Boston.

Gallery preview 

Chicopee Police arrest South Hadley man for armed robbery

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The arrest was made after members of the public identified him though store surveillance video and photographs. Watch video

CHICOPEE - Police arrested a suspect in Sunday's armed robbery of a Burnett Road convenience store, after a number of people shared information about his identity.

Stefen Kervian, 25, of 25 River Road, South Hadley, was arrested Tuesday on a warrant charging him with armed robbery, said Michael Wilk, Chicopee Police Department public information officer.

Kervian is being accused of entering the Food Bag, 947 Burnett Road, at about 6:50 p.m. and demanding money. He allegedly showed the clerk a knife. No one was hurt.

On Monday, Police released a description of the suspect, as well as a photograph and a video from the store surveillance camera. Although the photograph was not clear, a number of people called police with tips to help them identify the suspect, Wilk said.

 

"Detectives followed up all the tips you sent in and (Tuesday) applied for an arrest warrant," Wilk posted on the department Facebook page.

Just before noon police received another tip that Kervian was in the area of East Main Street. Detectives and uniformed officers set up surveillance and were able to locate and arrest him, Wilk said.

Snowfall delays start of I-91 demolition in Springfield until Thursday or Friday

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Work was set to begin Wednesday but the snow forced a delay, officials said.


SPRINGFIELD - The recent snow has forced a delay to the start to demolition of the Interstate-91 viaduct deck in downtown Springfield, but the Massachusetts Department of Transportation says the delay will be both short and temporary.

Work was set to begin demolishing the reinforced concrete bridge deck on Wednesday. The snowfall on Monday on into Tuesday has forced a delay, MassDOT officials announced Tuesday evening.

The contractor, the Joint venture of White-Schiavone, intends to start either Thursday or Friday.

Work will begin in the inner lane of I-91 North, which is now closed to traffic.

Work will proceed weekdays in two shifts between 7 a.m. and 5 p.m. and 4 p.m. to midnight.

The work is will result in slowdowns in traffic, and the DOT has been urging people to consider alternative routes.

The $183.3 million project to replace the elevated highway in downtown Springfield is due to be completed sometime in the fall of 2017.

US stock market extends 3-day closing streak, lead by falling oil prices

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Energy companies led the decline as the price of U.S. crude oil sank nearly 6 percent.

By ALEX VEIGA

NEW YORK - U.S. stocks extended their three-day losing streak Tuesday, closing slightly lower after spending most of the day wavering between gains and losses.

Energy companies led the decline as the price of U.S. crude oil sank nearly 6 percent. It's now at about $28 a barrel. The market's bumpy ride followed a slide in European stock indexes and steep losses in Japan, reflecting mounting investor anxiety that the global economy is slowing.

"The market continues to price in worst-case scenarios, a recessionary China and an energy sector that's looking basically like it should go bankrupt at this level," said Jeff Carbone, managing director of Cornerstone Financial Partners.

The Dow Jones industrial average fell 12.67 points, or 0.1 percent, to 16,014.38. The Standard & Poor's 500 slipped 1.23 points, or 0.1 percent, to 1,852.21. The Nasdaq composite lost 14.99 points, or 0.4 percent, to 4,268.76.

The latest losses pulled the three indexes further down for the year. The Dow is off 8.1 percent, while the S&P 500 index is down 9.4 percent. The Nasdaq is off 14.8 percent.

Stock markets have endured a torrid start to the year as investors have fretted over a number of issues, including the fall in the price of oil to multi-year lows, a slowdown in China and whether many parts of the global economy will fall into recession and suffer a debilitating period of deflation, or falling prices.

The market veered lower early on Tuesday following wave of selling in Europe and Japan, where the Nikkei index closed 5.4 percent lower. The interest rate on the country's benchmark bond also dropped into negative territory for the first time.

Major U.S. stock indexes rebounded early on as oil prices briefly rose, but the rally didn't last. A late-afternoon rebound also failed to hold as oil prices closed lower for the second day in a row.

"The market's correlation to oil has not subsided at this time," said Carbone. "There seems to be no end in sight."

Benchmark U.S. crude oil dropped $1.75, or 5.6 percent, to close at $27.94 a barrel in New York. Brent crude, a benchmark for international oils, fell $2.56, or 7.8 percent, to close at $30.32 a barrel in London.

All told, the S&P 500 index's energy sector companies lost 2.5 percent, the worst performer in the index.

Consol Energy lost $1.02, or 11.9 percent, to $7.53, while Southwestern Energy fell 97 cents, or 10.4 percent, to $8.37. Murphy Oil slid $1.37, or 7.1 percent, to $17.86.

The International Energy Agency, which advises countries on energy policy, said oil prices will continue to come under pressure as supply is set to outpace demand this year.

Investors also had their sights on the latest batch of company earnings news.

Entertainment conglomerate Viacom plunged 21.5 percent after missing revenue estimates for the fifth quarter in a row. The stock fell $8.99 to $32.86.

Bristow Group tumbled 20.2 percent after the helicopter services company reported better-than-expected fiscal third-quarter profit, but revenue fell short of forecasts. The stock lost $3.73 to $14.75.

Some companies fared much better.

Martin Marietta Materials vaulted 9.4 percent after the construction materials company reported a sharp increase in earnings. The stock climbed $11.03 to $128.88. The gains helped lift the materials sector overall, which notched the biggest gain in the S&P 500 index.

Traders were also looking ahead to the beginning on Wednesday of two days of testimony before Congress by Federal Reserve Chair Janet Yellen.

Yellen is scheduled to outline the central bank's outlook on the economy. Traders will be watching for hints about when the Fed will make its next move to raise its key interest rate. Most analysts and investors think the Fed will raise rates fewer than four times this year, if at all.

"The market is looking at growth slowing globally and perhaps slowing more in the U.S. and wondering how the Federal Reserve could rationalize four rate hikes or even three rate hikes," Quincy Krosby, market strategist for Prudential Financial. "That has been a major worry for markets and that's the reason tomorrow is so important."

In overseas action, the FTSE 100 index of leading British shares lost 1 percent, while Germany's DAX fell 1.1 percent. The CAC-40 in France dropped 1.7 percent.

Precious metals prices were mixed. Gold rose 70 cents, or 0.1 percent, to $1,198.60 an ounce and silver inched up 2 cents, or 0.1 percent, to $15.44 an ounce. Copper, an industrial metal that will often rise and fall along with investor's optimism about the global economy, fell 5 cents, or 2.4 percent, to $2.04 a pound.

Bond prices rose. The yield on the 10-year Treasury note fell to 1.73 percent from 1.75 percent late Monday. The dollar was down at 115.12 yen from 115.58 yen. As recently as the end of January, the dollar was trading above 121 yen. The euro up $1.1296 from $1.1186.

In other energy trading in New York, wholesale gasoline fell 6 cents, or 6 percent, to 90 cents a gallon and home heating oil fell 7 cents to 97 cents a gallon. Natural gas fell 4 cents, or 2 percent, to $2.10 per 1,000 cubic feet.

2016 New Hampshire primary: Voters Voices - Why choose Donald Trump or Bernie Sanders?

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As New Hampshire voters cast their ballots in Tuesday's presidential primary, some were looking for outsiders; others wanted experience. Some loved the brash, plain-talking businessman Donald Trump; others preferred someone more moderate. Watch video

MANCHESTER, N.H. -- As New Hampshire voters cast their ballots in Tuesday's presidential primary, some were looking for outsiders; others wanted experience. Some loved the brash, plain-talking businessman Donald Trump; others preferred someone more moderate.

Aaron Foss, an independent voter from Derry, chose Republican Ohio Gov. John Kasich. "He talks about policies and reform, more than spews hate," Foss said. "The top three ... everything is about anger and hate." Foss was referring to Republicans Trump, Texas U.S. Sen. Ted Cruz and Florida U.S. Sen. Marco Rubio.

"He's the strongest leader, he has the most experience," Sarah Glenfield, an independent voter from Londonderry who works in project management, said of Kasich.

Dave Strong, a stay-at-home dad and independent voter from Londonderry, voted for Trump because of his independence. "He's not attached to anyone. He's not establishment Democrat, he's not establishment Republican," Strong said.

Strong believes other politicians are "all crooked ... They're all bought and paid for. He's got a fortune, why does he need anyone to influence him?" Strong said.

Mark Rickettson, a Republican retired teacher, also likes Trump. "He doesn't care about being politically correct," Rickettson said. "He says what he feels. He's honest about it and doesn't back down."

Ed Fitzgerald, an independent retiree from Hampstead, voted for Democratic U.S. Sen. Bernie Sanders. Sanders, Fitzgerald said, wants "to level the playing field in terms of income and taxes."

Besides, Fitzgerald added, "I don't trust Hillary."

His wife, Joanne Bearse, agreed. "The Clintons have had enough time in the White House, made enough money off the backs of Americans ... Bernie will do better," Bearse said.

Jeffrey Ferguson, a recovery care specialist at a detoxification center who lives in Manchester, also voted for Sanders. "He wants to make the kind of investments in education, health care and infrastructure that will pay dividends in the future," Ferguson said.

Rob DiGregorio, a Democratic interpreter from Hooksett, was debating between Sanders and former secretary of state and first lady Hillary Clinton until he got into the polling booth. He chose Clinton. "I think she's the most qualified. She has the resume for it," DiGregorio said.

Jurors in Springfield murder trial of Frederick Pinney report deadlock

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Jurors in the murder trial of Frederick Pinney have deliberated about 15 hours without reaching a verdict in case involving strangulation death of TayClair Moore in Springfield. Watch video

SPRINGFIELD — Jurors in the murder trial of Frederick Pinney reported late Tuesday they are deadlocked and have not been able to reach a verdict.

Hampden Superior Court Judge Richard J. Carey told jurors to return Wednesday morning when he will give them further instructions and tell them to keep deliberating.

Pinney is accused in the March 2014 strangulation death of TayClair Moore.

The jury has deliberated about 15 hours over three days. Jurors told Carey in the note they have tried different means of reaching a verdict, but none have worked.

Pinney, 45, is accused of killing Moore, whose body was found on March 23, 2014 in Pinney's room at 48 Agnes St. in Springfield. Moore, who was 29, died of strangulation by ligature.

Jurors sent no communications Tuesday to the judge before late afternoon.

Carey told lawyers he will hear arguments from them before the jury is brought in Wednesday about what instructions he should give the jury. There are two different standard instructions for deadlocked jurors.

One – usually referred to as the American Bar Association instruction – is often given first before the final instruction, but judges can choose to give the final one without giving the ABA instruction. The final instruction is called the Tuey-Rodriguez instruction, which is named after case law.

The language tells jurors that absolute certainty cannot be expected from them and that there is no reason to believe any other jury can do a better job of arriving at a verdict.

Defense lawyer Linda J. Thompson has argued it was Christopher Podgurski, Moore's boyfriend, who was the killer.

Assistant District Attorney Matthew W. Green has argued evidence clearly showed Podgurski was nowhere near Moore when she was killed.

He said Moore's time of death was between 1 a.m. and 5 a.m. March 23, 2014, and evidence showed Podgurski was in Holyoke during that time.

Pinney began renting the home in January 2014. Moore and Podgurski, who had been together for 10 years, rented a room from Pinney, whom Podgurski knew through construction work.

Podgurski testified he was at the Holyoke St. Patrick's Road Race with Moore doing drugs and drinking alcohol, but in the early evening he gave Pinney cocaine and asked him to take Moore home to 48 Agnes St. Podgurski said he stayed in Holyoke and eventually fell asleep at his mother's house in the early morning hours.

Green said the case was based on circumstantial evidence, but everything pointed to Pinney as the one who killed Moore.

When police arrived at the scene after Podgurski saw Moore on Pinney's floor on March 23 at about noon and called police, Pinney had cuts on his arms and neck.

Pinney told police in an interview on March 23 that all he wanted to do that night was kill himself.

Thompson said there was no evidence presented at trial that there was any animosity between Moore and Pinney. She told the jury, though, that Podgurski had a history of violence against Moore, including putting his hands on her neck.

Pinney's trial began with jury selection Jan. 26.

Here is the Tuey Rodriguez instruction:

When Jurors Cannot Agree: The 'Tuey-Rodriguez' charge by masslive

Massachusetts Sen. Eric Lesser tries to engage millennials in politics

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Senate President Stan Rosenberg tapped Lesser to lead a "Millennial Engagement Initiative."

BOSTON -- On his first day in office, State Sen. Eric Lesser, D-Longmeadow, then 29, sat down in his office and opened his laptop. He discovered that there was no wi-fi in the Statehouse.

"I don't think I've ever been in a workplace or building that didn't have wi-fi," Lesser said. "I was shocked."

The Statehouse has since been outfitted with wireless Internet, but Lesser sees it as only one example of the way in which state government can be out of touch with the needs of 20- and 30-year-olds. Lesser on Wednesday was tapped by Senate President Stan Rosenberg, D-Amherst, to lead a "Millennial Engagement Initiative," a new initiative in the state Senate to reach out to "millennials," an age group loosely defined as those born in the 1980s and 1990s.

The effort will be similar to one Rosenberg launched soon after he took office last year, in which Senate leaders traveled around the state holding public listening sessions to determine what issues citizens were most concerned about. Rosenberg said he noticed a glaring absence in those sessions.

"The noticeable absence of people under 30 was stark and startling to me," Rosenberg said. "The absence of participation by millennials means that we're not necessarily understanding as we need to what their issues are, what their agenda is, what they want the Legislature to focus on."

Lesser will lead an effort to talk to millennials about their public policy concerns and figure out what issues can be addressed through legislation. Lesser said he hopes to use the sessions to draft or prioritize specific bills. "I want this to be very specific," Lesser said.

Some potential bills that would affect millennials are already pending in the Legislature. The Senate passed a social media privacy bill that would prohibit teachers or employers from requiring a student or worker to share their social media password. Lawmakers are considering bills to regulate ride-sharing services like Uber and Lyft. Lesser said issues related to student debt and student loans could also emerge as priorities.

Lesser and Rosenberg will kick off the initiative with a roundtable at TechSpring in Springfield this Friday that will include students and professionals ages 16 to 35. The initiative will include a visit to Facebook headquarters in Cambridge, a meeting with the College Democrats and College Republicans and a Twitter question and answer session.

Rosenberg said he has made an effort to modernize the state Senate's activities - for example, by creating infographics and engaging people through social media sites like Reddit and Twitter.

"The idea is not to coddle or infantilize millennials," Lesser said. "The idea is to bring them into the process in a way other generations have been part of the process for quite a long time."

Rosenberg and Lesser announced the initiative a day after the New Hampshire presidential primary, in which young people were instrumental in carrying Democrat Bernie Sanders, an independent U.S. Senator from Vermont, to a landslide victory over former secretary of state and first lady Hillary Clinton. Both Rosenberg and Lesser campaigned for Clinton.

"What a great day for millennials!" Rosenberg said. "I was very excited not about who got what votes, but about the fact that millennials turned out and made clear they were enthusiastic about looking forward to the changes that need to be made around the economy."

Rosenberg said he thinks millennials responded to the fact that Clinton was speaking as a "traditional politician" while Sanders was more dynamic, even though the two Democrats talk about many of the same things. "He doesn't button his suit, if his tie is askew, he doesn't care, his hair is a mess, it doesn't matter," Rosenberg said. "He was out there. People just grabbed it and ran."

Lesser said the election underscored the point that "this is a generation that needs to be taken seriously and can really exercise quite a lot of influence over the process if and when we get mobilized and get excited."


News Links: Cafeteria worker gets up to 4 years for raping teen, brother and sister charged with elder abuse, and more

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Massachusetts Weather: More snow in store for Thursday

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A short reprieve from snow is in store for Massachusetts residents on Wednesday evening while snow is expected again on Thursday.

SPRINGFIELD -- A short reprieve from snow is in store for Massachusetts residents on Wednesday evening while snow is expected again on Thursday.

Jacob Wycoff, a meteorologist with Western Mass News, says there's a chance of isolated snow showers across the state. 

Springfield may see snow early in the morning until around 1 p.m. on Thursday. 

Western Massachusetts is expected to see snow, mainly before 1 p.m. Further west, there's a chance of snow until 3 p.m. in the Berkshires.  Snow showers could hit Central Massachusetts between 8 a.m. and 3 p.m. and Boston may get hit until 4 p.m. 

Across the state, communities are expected to see snow accumulations of less than an inch. 

The high will be around 29 degrees in Boston Thursday, 26 in Springfield, 24 in Worcester and 20 in Pittsfield. 

The low Wednesday evening will be near 25 in Boston, 20 in Springfield and Worcester, 19 in Pittsfield. 

GoFundMe page created for Lily Anderson, 16-year-old Westfield High School student who died of suspected heroin overdose

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"These funds will be used to help offset funeral costs and make donations to the Westfield High School Art Department and the Westfield Homeless Cat project," the GoFundMe page states.

WESTFIELD — A GoFundMe page has been started for Lily Amaya Anderson, the 16-year-old Westfield High School student who died of a suspected heroin overdose over the weekend.

Anderson, a talented artist, photographer and videographer who loved music, dance and spending time with family and friends, died in her sleep on Feb. 6, according to her family.

"These funds will be used to help offset funeral costs and make donations to the Westfield High School Art Department and the Westfield Homeless Cat project," the GoFundMe page states.

According to authorities, Anderson appears to have been the latest victim of Massachusetts' opioid crisis, which claimed about 1,100 lives in 2014 and was on track to top that number last year.

The investigation into her death led to heroin possession and distribution charges against 22-year-old Seth Lombard-Hawthorne, who was arraigned in Westfield District Court and ordered to return for a follow-up hearing March 8.

On Friday night, Anderson's mother confronted her daughter about her heroin use, according to prosecutors. By Saturday morning, Anderson's mother found her unresponsive in her by bedroom.

City and state police found bags of heroin labeled "American Gangster" and "Gucci" in blue ink when they searched the teen's bedroom, prosecutors said.

"The young lady confided in her mother that she began using heroin," Hampden Assistant District Attorney Edward Kivari said at Lombard-Hawthorne's arraignment.

Anderson worked at a local fast-food restaurant with Lombard-Hawthorne, who introduced her to heroin, according to prosecutors, who are also considering a possible manslaughter charge against the defendant.

Gulluni encouraged people who use opioids to report overdoses as soon as possible, noting that they would not be charged with drug crimes. "With this tragic loss of life, I would like to highlight the 'Good Samaritan Law', which ensures that those who call 911 to report an overdose for themselves or others will not be charged with the possession or use of opiates," the district attorney said in a statement.



2 Harford County deputies, suspect killed after shooting at Maryland Panera

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A gunman fatally shot a sheriff's deputy inside a crowded restaurant at lunchtime Wednesday and killed another deputy in a shootout, authorities and witnesses said.

ABINGDON, Md. (AP) -- A gunman fatally shot a sheriff's deputy inside a crowded restaurant at lunchtime Wednesday and killed another deputy in a shootout, authorities and witnesses said.

The gunman was killed in the exchange of gunfire not far from the shopping center where the restaurant was located, Harford County Sheriff Jeffrey Gahler said. Remarkably, no bystanders were hurt.

Police haven't released a motive for the shooting, but the sheriff said he believed the first deputy who approached the gunman was shot because he was wearing a uniform. The shooter, identified as 67-year-old David Brian Evans, had warrants out for his arrest in Harford County and Florida, where he was accused of assaulting a police officer.

The initial shooting took place inside a Panera restaurant in Abingdon, which is about 20 miles northeast of Baltimore.

Sophia Faulkner, 15, said she and her mother were getting lunch and almost sat right next to the gunman. Instead, they chose a booth about 10 feet away because the man appeared "sketchy" and disheveled. He was sitting in the back and hadn't ordered any food, Faulker and her mother said.

A sheriff's deputy was called to the restaurant to check on a report about someone causing a problem. The deputy tried to talk to the man, who was apparently known to workers there. The deputy sat down beside him, asked how he was doing and the man shot him in the head.

"I saw him fall back out of his chair and the blood started coming out," Faulkner said. "I didn't know how to process it. My mom said, 'What's going on?' and I said, 'Get down, someone just got shot.'"

The shooter fled and "everyone started screaming," Faulkner said. Children at the restaurant -- out of school because of snowfall -- were running around.

"I was freaking out so much and everybody was running to one side of the store. Families were huddling together. I didn't really know what was going on," she said. "You see this stuff online and in movies and on TV when it happens, but you never think you're going to go out to lunch one day with your mom and it's just going to happen."

Bartender Mike Davis was working at the Ocean City Brewing Co.'s Taphouse when he saw two women and a child run from Panera to his restaurant's back door.

"They were hysterical. They said they heard gunshots," he said. "We locked the door and went to talk to a cop. The cop said not to let anyone in. Then, we heard more gunshots, 'Pop, pop, pop, pop,' from down in the shopping center. It was hectic."

Witnesses gave officers a description of the gunman and told them which way he was headed, the sheriff said. Four deputies caught up with him and shots were exchanged, leaving the second deputy wounded and the suspect dead, the sheriff said.

The slain officers were described as a 30-year veteran and a 16-year veteran. The sheriff said he had met with both of their families but was withholding their names because more relatives needed to be notified.

At the hospital, video showed an ambulance and sheriff's car escorted by police on motorcycles leaving, apparently taking at least one deputy's body to the medical examiner's office. Police lined each side of the street and saluted when the vehicles drove by.

The sheriff said investigators believe the person acted alone and there is no further threat to the community.

"The restaurant was very full at lunchtime," Gahler said. "Thankfully, no one else was injured."

The shopping center is called the Boulevard at Box Hill. It has a mix of shops, restaurants, a grocery store and a bank.

Yellow tape blocked off the Panera and Taphouse restaurants, but people were coming and going freely at other businesses after the shooting.

Panera spokeswoman Amanda Cardosi said the company is heartbroken.

"Our thoughts and actions now are directed towards the victims and their families. This location will remain closed as we work with law enforcement to investigate," she said.

'We're much closer,' to decision on terror charges for Adams resident Alexander Ciccolo, prosecutors tell judge

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Prosecutors remained noncommittal during a pretrial conference on Wednesday, telling a magistrate judge that a series of forensic reports on explosives, chemicals and computer data await a final vetting by the government.

This is an update to a story posted at this morning at 11:11.


SPRINGFIELD - Law enforcement officials here, in Boston and Washington D.C. are still deciding whether to charge Adams resident Alexander Ciccolo as a terrorist, according to a federal prosecutor.

Prosecutors remained noncommittal during a pretrial conference on Wednesday. They told a magistrate judge that a series of forensic reports on explosives, chemicals and computer data allegedly seized from Ciccolo's apartment awaits a final vetting by the government.

"It is still up in the air but we're much closer to a decision," Assistant U.S. Attorney Kevin O'Regan told U.S. Magistrate Katherine Robertson. "We have everything we need ... We're now in the middle of discussions about whether or not to bring additional charges and what those additional charges may be."

O'Regan added: "Because of the nature of these charges, these discussions are longer and involve a lot more people."

Ciccolo, 23, was arrested on July 4 after he received a duffel bag full of firearms from what turned out to be an FBI informant, according to court records. A sworn affidavit by a federal agent said Ciccolo had been touting plans to use guns and explosives in terror attacks at a police station, a college campus and local bars.

After his arrest, Ciccolo discussed his affinity for ISIS in a recorded interview with the FBI. A portion of that video was made public by the U.S. Attorney's Office.

"They're freeing people from oppression. Wherever they go, they're changing things," Ciccolo is heard saying in the nine-minute clip. "The people you see being executed, they're criminals. They're the lowest of the low."

Defense lawyer David P. Hoose would not comment Wednesday about whether his client maintains an allegiance to the terror group.

Ciccolo has been charged with illegal gun possession by a felon, as he had a prior conviction for driving under the influence. He faces an additional charge of assault on a federal employee in connection with stabbing a nurse at the Franklin County House of Correction with a pen during a routine intake exam.

Investigators found potential explosives in Ciccolo's apartment during a search, including a pressure cooker and partially constructed Molotov cocktails, O'Regan and other investigators have stated in court proceedings and in court records.

Ciccolo has pleaded not guilty to the charges.

Among the prevailing questions since his arrest is whether Ciccolo will face terror-related charges, which would push the prosecution into another stratosphere and up any potential prison term significantly.

O'Regan declined to comment after the hearing. However, Hoose acknowledged that prosecutors are, at the very least, reviewing charges relating to weapons of mass destruction and providing material support for terrorism.

"I know they're looking at it. The question is: is there enough there to charge it?" Hoose said outside the courtroom.

He added that he knew generically that alleged terror cases are reviewed not only by local authorities but in Boston and Washington D.C. as well.

The FBI defines weapons of mass destruction as bombs; grenades; rockets with an explosive or incendiary charge of more than four ounces; missiles with the same capabilities; mines; and "similar devices."

Providing material support for terrorism is a specific charge created under the U.S. Patriot Act.

Ciccolo is the son of a Boston Police captain who also was a first responder at the Boston Marathon bombings. The unnamed government witness told investigators Ciccolo spoke admiringly of that carnage and other terror attacks across the globe. It has been widely reported that Ciccolo's father was the first to bring concerns about his son's affinity for ISIS to other law enforcement agencies.

His father has not appeared at Ciccolo's court hearings. But, his mother has come despite a crush of reporters at his initial proceedings, covering her face with a black sweater as she entered the courthouse. Hoose has described Ciccolo's relationship with his mother as "particularly close."

Before this case burst into national headlines, Ciccolo appeared something of a philosophical drifter, according to accounts by his neighbors and prior news stories.

Neighbors in Adams said he was at one time intensely focused on Native American culture. News stories from 2012 featured Ciccolo as a participant in the "No More Fukushimas" peace walk around Lake Ontario along with other members of the Grafton Peace Pagoda.

Prosecutors in Springfield predicted they will have a definitive answer on additional charges against Ciccolo by the next status conference, set for March 23.

Springfield man admits dealing drugs near Peter Pan bus station; 2 helpers plead guilty, too

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James Johnson, Fawn Brown and Christian Soler all pleaded guilty to drug dealing in Springifeld.

SPRINGFIELD - When 50-year-old James Johnson set up selling drugs near the Peter Pan bus station, the eyes of law enforcement were looking in his direction.

Johnson, of Springfield, pleaded guilty Monday to possession of heroin with intent to distribute, subsequent offender, and possession of methadone with intent to distribute.

He was sentenced by Hampden Superior Court Judge John S. Ferrara to 3½ years in state prison plus three years probation, with 476 days credit for time in jail awaiting trial.

Assistant District Attorney Mary A. Sandstrom - who asked for a state prison sentence of five years - said Johnson "has a record indicating he has been around the block in the judicial system."

"Certainly Mr. Johnson is a threat to the community," she said.

Defense lawyer Jeanne A. Liddy said Johnson was severely addicted to opioids, so much so that it took at least four days to detoxify him at the Hampden County Correctional Center in Ludlow.

Sandstrom said on Oct. 29, 2014, at about 9 a.m. city police officer Mark Templeman saw a female approach Johnson near the bus station.

The woman purchased suboxone from Johnson, who had been joined by Christian Soler and Fawn Brown, both of Springfield.

Officers decided the three were conducting an open air drug operation, Sandstrom said, and arrested the three.

Brown, 35, and Soler, 29, each pleaded guilty to one count of possession of heroin with intent to distribute.

Brown was in possession of a pill bottle with 32 packets of heroin inside, Sandstrom said.

Ferrara sentenced Brown to two years probation with mental health counseling and an evaluation for substance abuse. She must stay drug free.

Ferrara sentenced Soler to 18 months in the Hampden County Correctional Center in Ludlow, but suspended the sentence with three years probation. He must have mental health counseling and stay drug free.

Following 16-year-old Lillian Anderson's death, Westfield to create educational and community awareness programs to address drug issues

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Following recent increases in heroin and other drug overdose cases in Westfield and throughout Western Massachusetts, Mayor Brian P. Sullivan met with city officials Wednesday to address what he calls "a sad situation."

WESTFIELD — City officials have set out to create educational and community awareness programs to help in its war against drugs in Westfield.

Following recent increases in heroin and other drug overdose cases here and throughout Western Massachusetts, Mayor Brian P. Sullivan met with city officials Wednesday to address what he calls "a sad situation."

The result is that city officials, including police, fire and schools, will create new education and community awareness programs and projects in an effort to educate the public of the hazards of drug use.

"We are targeting the week after school vacation," Sullivan said Wednesday afternoon. "We will develop new programs in our schools and throughout the community as a whole to draw attention to the drug epidemic that has hit the region."

Schools will be closed for winter vacation next week, so the mayor and other officials are looking to the week of Feb. 22 to focus on the effort.

Sullivan met Wednesday with Police Chief John A. Camerota, Superintendent of Schools Suzanne Scallion, Deputy Fire Chief Mark Devine, members of the Police Commission, State Rep. John Velis, D-Westfield, and a legislative aide to Sen. Donald F. Humason Jr., R-Westfield, and counselors from Westfield High School and Westfield Technical Academy.

"The purpose was to address the problem of drugs in our city and to make sure we are all on the same page when it comes to handling this serious issue," Sullivan said.

"The Police Department has increased its presence on the streets and will continue to do so, and we as a community will do everything in our power to stop this epidemic," the mayor said.

Wednesday's meeting was called following the weekend death of 16-year-old Lillian Anderson, a Westfield High School junior, who reportedly overdosed on heroin.

Seth Lombard-Hawthorne, 22, of Westfield has been charged with heroin possession and distribution charges relating to Anderson's death. Lombard-Hawthorne may also be chaged with manslaughter because of Anderson's death.



Springfield police searching for bank robbery suspect in East Springfield, Liberty Heights neighborhoods

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The suspect was described as a 40-year-old Hispanic man wearing a "baby blue" sweatshirt and a "half mask" and carrying a red-and-black duffel bag and a black gun with a silencer. The suspect was armed with a black gun with a long silencer attached

SPRINGFIELD — Police were searching sections of Liberty Heights for a man who reportedly committed an armed robbery near a bank at 1360 Carew St. around 6:05 p.m. Wednesday.

It was unclear if the bank itself was targeted or if someone leaving the facility was robbed, but Springfield police followed a "GPS tracker" and searched the Denton Circle and Shaine Circle areas. Shaine Circle is home to the Carpe Diem Apartments, a public housing project run by the city.

A K-9 unit and multiple police cruisers were looking for the suspect, described as a 40-year-old Hispanic man wearing a "baby blue" sweatshirt and "half mask" and carrying a red-and-black duffel bag and black gun with a silencer.

This developing story will be updated when more details are available.


MAP showing approximate location of armed robbery:


 


Feds sue Ferguson after city revises civil rights agreement

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The federal government sued Ferguson on Wednesday, one day after the city council voted to revise an agreement aimed at improving the way police and courts treat poor people and minorities in the St. Louis suburb.

FERGUSON, Mo. -- The federal government sued Ferguson on Wednesday, one day after the city council voted to revise an agreement aimed at improving the way police and courts treat poor people and minorities in the St. Louis suburb.

Attorney General Loretta Lynch said Ferguson's decision to reject the deal left the department no choice except to file a civil-rights lawsuit.

"The residents of Ferguson have waited nearly a year for the city to adopt an agreement that would protect their rights and keep them safe. ... They have waited decades for justice. They should not be forced to wait any longer," Lynch told a Washington news conference.

The Justice Department complaint accuses Ferguson of routinely violating residents' rights and misusing law enforcement to generate revenue -- a practice the government alleged was "ongoing and pervasive."

Ferguson leaders "had a real opportunity here to step forward, and they've chosen to step backward," Lynch said.

Ferguson spokesman Jeff Small declined to comment. Messages left with Mayor James Knowles III were not returned.

Ferguson has been under Justice Department scrutiny since 18-year-old Michael Brown, who was black and unarmed, was fatally shot by white officer Darren Wilson 18 months ago. A grand jury and the Justice Department declined to prosecute Wilson, who resigned in November 2014.

But a scathing Justice Department report was critical of police and a profit-driven municipal court system. Following months of negotiations, an agreement between the federal agency and Ferguson was announced in January.

A recent financial analysis determined the agreement would cost the struggling city nearly $4 million in the first year alone. The council voted 6-0 Tuesday to adopt the deal, but with seven amendments.

Hours before the lawsuit was announced, Ferguson leaders said they were willing to sit down with Justice Department negotiators to draw up a new agreement.

"We ask that if they (the Justice Department) feel there needs to be some additional changes to the agreement, we sit down and talk," Knowles said.

That seemed unlikely from the outset. Within hours of the Tuesday vote, Vanita Gupta, head of the Justice Department's Civil Rights Division, said in a statement that the department would take "the necessary legal actions" to ensure Ferguson's police and court practices comply with the Constitution and federal laws.

Knowles said the seven amendments were formulated after the analysis showed the deal was so expensive it could lead to dissolution of Ferguson. The analysis suggested that the first-year cost of the agreement would be $2.2 million to $3.7 million, with second- and third-year costs between $1.8 million and $3 million in each year.

Ferguson has an operating budget of $14.5 million and already faces a $2.8 million deficit. Voters will be asked to approve two tax hikes in April, but approval of both would still leave the city short.

A big part of the cost was the requirement that Ferguson raise police salaries to attract better candidates, including more minority officers. Removal of the pay-raise clause was among the seven amendments.

Another new provision states that the agreement will not apply to any other governmental entity that might take over duties currently provided by Ferguson. That means, for example, that St. Louis County would not be beholden to the agreement if it takes over policing in Ferguson.

St. Louis County police spokesman Brian Schellman said if the county were ever asked to take over policing in Ferguson, "we would consider the implications of the consent decree before entering into such an agreement."

Knowles doesn't believe neighboring municipal departments would agree to cover Ferguson under the Justice Department's requirements.

Defiance has often defined Ferguson in the 18 months since Brown's death.

Days after Brown's death, then-Police Chief Tom Jackson released surveillance video showing Brown's involvement in a theft at a small grocery store just moments before the shooting, with the burly teenager pushing the store owner. The video's release only heightened anger among protesters.

Knowles has vigorously defended Ferguson. Even as protesters and civil rights leaders called for reforms, the mayor noted that Ferguson was already making changes to municipal courts aimed at easing the burden on people accused of minor violations. In fact, city revenue from court fees and fines has declined by hundreds of thousands of dollars since the shooting.

It's not uncommon for local governments to seek changes to agreements even after negotiations, but the overwhelming majority of investigations still end up in a settlement.

Samuel Bagenstos, the former No. 2 official at the Justice Department's Civil Rights Division, warned that the federal agency "is serious about bringing a lawsuit if they don't get a deal."

"If Ferguson insists on making significant changes to the deal they've already worked out, that's probably not going to work out well for them," said Bagenstos, now a law professor at the University of Michigan. "And I think at the end of the day, Ferguson understands that, and we'll probably see a deal pretty soon."

The Justice Department has initiated more than 20 civil rights investigations into law enforcement agencies in the last six years, including in Baltimore and Chicago. In the last 18 months, the department has reached settlements with police departments that included Cleveland and Albuquerque.

There have been occasional disagreements.

In 2012, the Justice Department sued Maricopa County, Arizona, after failing to reach agreement on allegations that the sheriff's office targeted Latinos with discriminatory stops and arrests. County officials voted in July to settle parts of that lawsuit.

The federal government also sued North Carolina's Alamance County following an investigation that alleged biased policing practices against Latinos there. But a federal judge last August ruled in the county's favor, saying the Justice Department failed to prove the sheriff ordered deputies to target Hispanic residents. That case is on appeal.

Opioid epidemic unites national drug czar, Massachusetts Congressional delegation and sheriffs on Capitol Hill

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U.S. Rep. Richard E. Neal, D-Springfield, said a speech by Michael Botticelli, the director of the Office of National Drug Control Policy, focused heavily on the $1.1 billion President Barack Obama has proposed to fight heroin and prescription drug abuse

SPRINGFIELD — Like the crack cocaine epidemic of the 1980s, the opioid scourge of the past few years is gripping the attention of legislators, policymakers and law enforcement officials here and across the country.

An important difference: By comparison, street crime is down but overdose deaths have risen dramatically as a result of opioid abuse, said U.S. Rep. Richard E. Neal, D-Springfield, host of a meeting on Capitol Hill Wednesday focused on combating the epidemic.

The meeting featured keynote speaker Michael Botticelli, the Obama administration's director of the Office of National Drug Control Policy, more commonly known as the White House "Drug Czar." The gathering drew the entire Massachusetts Congressional delegation and members of the Massachusetts Sheriffs' Association.

Neal said Botticelli's speech focused heavily on the $1.1 billion President Barack Obama has proposed to fight heroin and prescription drug abuse. The drug czar said the funds will be most effective if meted out to individual states to earmark for uses that fit their needs.

"He wanted the states to have some skin in the game. It would be desirable to have some matching funds from each state, even if it was simply formulaic," Neal said.

Asked to reflect on parallels between the wave of crack cocaine use of the '80s versus the instant crisis, Neal said opioid abuse is an even bigger problem.

"I think the opiate crisis is obviously more deadly, that's part of it," the lawmaker said. "With the crack epidemic, we saw a rise in street crime. Now street crime has declined even as the deaths have gone up."

In 2014, more than 1,200 deaths were attributed to opioid overdoses in Massachusetts alone. Recent figures put annual prescription painkiller overdoses at 28,000 nationally and heroin overdoses at more than 10,000, according to the National Institute on Drug Abuse.

The rate of increase in drug overdoses has outpaced car accidents in American deaths, statistics show.

Obama's budget proposal includes $1 billion in new mandatory funding over two years to expand access to treatment for prescription drug abuse and heroin use. According to statements from the White House, the proposal includes:

  • $920 million to support cooperative agreements with states to expand access to medication-assisted treatment for opioid use disorders. States will receive funds based on the severity of the epidemic and on the strength of their strategy to respond to it.
  • $50 million in National Health Service Corps funding to expand access to substance use treatment providers. This funding will help support approximately 700 providers able to provide substance use disorder treatment services, including medication-assisted treatment, in areas across the country most in need of behavioral health providers.
  • $30 million to evaluate the effectiveness of treatment programs employing medication-assisted treatment and help identify opportunities to improve treatment.

The proposal is headed for House and Senate budget committees for deliberations.

meeting.jpgFrom left are Hampden County Sheriff Michael Ashe, White House Drug Czar Michael Botticelli and U.S. Rep. Richard E. Neal, D-Springfield, at a meeting on opioid abus Wednesday on Capitol Hill.  

Among the Massachusetts sheriffs who attended the meeting was Hampden County Sheriff Michael Ashe, who has been in the throes of a protracted fight to site an addiction treatment center in Springfield. The previous center on Howard Street was displaced by the MGM Springfield casino project. Ashe has struggled to find a new site in the city, and has been met with neighborhood opposition.

Ashe said he believes that county sheriffs, the custodians of county jails where scores of addicts are incarcerated, can take leadership positions to keep people out of their facilities.

"I've always felt that we're not a fortress in the woods," Ashe said of the Hampden County jail in Ludlow. "We're an integral part of the community."

He is an advocate of more diversion programs such as drug courts, plus adding more bandwidth to local treatment programs to accommodate addicts who want help.

"Oftentimes it takes someone to commit a felony to get treatment in jail. Does that make any sense?" he asked.


It's official: Christie's out of the Republican presidential race

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Christie has not yet indicated to staffers whether he will endorse anyone in the GOP primary race. Watch video

TRENTON, N.J.-- Gov. Chris Christie suspended his campaign for president Wednesday, ending his quest to become the first New Jerseyan to win the White House since Woodrow Wilson a century ago.

The governor had a meeting with staff in Morristown where he thanked them for their support and told them his plans to suspended the campaign. The decision to drop out came after the governor's lackluster showing in the New Hampshire primary.

Christie arrived at the Morristown headquarters shortly after 4 p.m. to inform staffers and volunteers of his decision, Christie campaign spokeswoman Nicole Sizemore confirmed.

Sizemore said Christie didn't indicated whether he will endorse anyone in the GOP presidential race. She also declined to immediately provide an estimate of how much campaign cash Christie's campaign had left.

A source familiar with the governor's afternoon address told NJ Advance Media that Christie said he wanted to thank staffers personally for all they'd done, particularly with such modest funding, to help draw the distinction between the role played by U.S. senators and the governors in the 2016 race. 

"I have both won elections that I was supposed to lose and I've lost elections I was supposed to win and what that means is you never know what will happen. That is both the magic and the mystery of politics -- you never quite know when which is going to happen, even when you think you do," Christie said in a statement.

"And so today, I leave the race without an ounce of regret. I'm so proud of the campaign we ran, the people that ran it with me and all those who gave us their support and confidence along the way," he said. "Mary Pat and I thank you for the extraordinary display of loyalty, friendship, understanding and love."

The decision caps a more than seven-month presidential campaign that always hinged on the pugnacious Republican governor making a strong showing in the New Hampshire primary. He officially announced his presidential bid on June 30, saying, "I am now ready to fight for the people of the United States of America."

But for Christie, a one-time favorite of the GOP to lead Republicans to the White House, his presidential hopes were rocked by the George Washington Bridge lane closure controversy. The scandal, which a former Port Authority employee would later admit to federal prosecutors was a scheme of political revenge, destabilized Christie's path to the Republican nomination.

"By last spring he was completely counted out and left on the side of the road," longtime Christie confidant Bill Palatucci said Wednesday evening.

"By the force of his personality and his own wit and his ability, he forced himself back into this race. But the clock ran out on us," he said. "But I'm very proud of what he was accomplishing with very little help and very little resources."

Palatucci added: "No candidate worked harder than Chris Christie over the past of seven or eight months."

Christie said Tuesday night after a lackluster showing in the New Hampshire primary that he was holding off on plans to fly to South Carolina, which holds the next primary and where the next GOP debate is scheduled for Saturday. Instead, he said he planned to return with his family to New Jersey to wait and decide whether to continue in the race for the Republican nomination. 

"We're going to take a deep breath, see what the final results are tonight, because that matters," he said at his Nashua campaign headquarters Tuesday night. "We leave New Hampshire tonight without an ounce of regret."

By Wednesday morning, it had become clear Christie would finish sixth in New Hampshire, with about 8 percent of the vote. Perhaps more importantly, he finished behind two important rivals, Gov. John Kasich of Ohio and former Florida Gov. Jeb Bush.

Christie's campaign was troubled from the beginning.

His motto of "Telling It Like It is" was hamstrung by real estate tycoon Donald Trump, who became the favorite of the angry voters the governor sought to court. Trump clinched a decisive victory in New Hampshire with 35 percent of the vote.

The governor also failed to compete in raising money, badly trailing well-heeled rivals such as Bush and U.S. Sen. Ted Cruz of Texas.

Christie suspended his campaign late Wednesday after spending a full day on Tuesday telling his New Hampshire supporters that the race was "far from over." The governor was encouraged after he had gotten lots of attention for besting Florida Sen. Marco Rubio in Saturday's Republican debate.  

"We have work to do. This is going to be incredibly close," Christie told his supporters at a campaign headquarters in Bedford, N.H. 

Despite the optimism, Christie supporters had reasons for concern.

Low polls numbers in the state where Christie has staked his presidential campaign have dogged the governor for weeks in the lead-up to the primary. Christie, who finished near the back of the GOP pack in the Iowa caucuses, needed a strong showing here to survive the long haul, political observers agreed.

Christie's campaign got a bump in the polls over the summer and again in November after the editorial board of the state's largest newspaper endorsed him. But the good times were short-lived as Bush and Kasich overtook him in the lead-up to the New Hampshire primary.

According to a poll released last week, Christie lost two-thirds of his support in the first primary state over the last month. Christie was in sixth place with 6 percent in a Monmouth University Poll released on Sunday.

Christie spent more than 70 days campaigning in New Hampshire, hosting 76 town halls and 180 public events in his quest to be president. His ads have been aired here more than 1,800 times, according to a Boston Globe survey. 

More money had been spent against Christie than any other candidate by super PACs aligned with Republican presidential hopefuls. The groups spent $5.2 million against Christie through Saturday, according to Federal Election Commission reports tallied by the Center for Responsive Politics, a Washington-based research group.

Only Cruz, winner of the Iowa caucuses, was hit almost as hard, with $5 million spent against him.

With his bid for the White House behind him, Christie has a little less than two years left as governor of New Jersey. 

Early Wall Street rally following Federal Reserve's comments on economy vanishes by closing bell

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The 30 Dow Jones industrials fell nearly 100 points to close just under 15,915.

By ALEX VEIGA

NEW YOKR - The Federal Reserve's latest signals on interest rates gave U.S. stocks a lift for much of Wednesday, but the rally didn't last.

A sell-off in the final minutes of trading knocked the Dow Jones industrial average and the Standard & Poor's 500 index slightly into the red. The slide extended a three-day losing streak for the two indexes. Only the Nasdaq composite held its course, carving out a slight gain.

Materials and energy stocks were among the biggest decliners as U.S. crude oil prices declined again.

Investors were mostly focused on Fed Chair Janet Yellen's remarks on the economy and interest rates as she delivered her semiannual report to Congress.

The market has been anxious about the possibility of interest rate hikes at a time when the global economy is showing signs of slowing. But Yellen's remarks addressed investors' concerns, said Erik Davidson, chief investment officer for Wells Fargo Private Bank.

"The markets have gotten the message that the Fed is not on autopilot," Davidson said. "If they'd gotten the sense that the Fed was on autopilot and was predestined to a certain number of rate hikes in 2016, that would have been troublesome."

The Dow fell 99.64 points, or 0.6 percent, to 15,914.74. The average is now down 8.7 percent this year. The S&P 500 index slipped 0.35 point, or 0.02 percent, to 1,851.86. The index is off 9.4 percent this year.

The Nasdaq added 14.83 points, or 0.4 percent, to 4,283.59. The gain helped trim the Nasdaq's losses for the year, which stand at 14.5 percent.

Investors appeared to be in a buying mood early in the day in anticipation of Yellen's testimony. That sent stocks higher early on and sustained them until the last-minute slide as oil prices closed lower.

Benchmark U.S. crude fell 49 cents, or 1.8 percent, to close at $27.45 a barrel in New York. Brent crude, a benchmark for international oils, rose 52 cents, or 1.7 percent, to close at $30.84 a barrel in London.

Yellen offered no major surprises in prepared remarks released before the start of her two-day Congressional testimony. She reiterated the Fed's confidence that the U.S. economy was on track for stronger growth and a rebound in inflation.

At the same time, she cautioned that global weakness and falling financial markets could depress the U.S. economy's growth. That would, in turn, slow the pace of Fed interest rate hikes, she said.

Yellen also made clear that the central bank won't likely find it necessary to cut rates after having raised them from record lows in December.

Since the Fed decided to raise its key interest rate from a record low in December, the U.S. economy has hit some turbulence and markets have become volatile. Traders are increasingly worried about a number of issues, including the fall in the price of oil to multi-year lows, a slowdown in China and whether many parts of the global economy will fall into recession and suffer a debilitating period of deflation, or falling prices.

A delay or slower rollout of interest rate increases by the Fed is seen as good for the market, as higher interest rates can be detrimental to stocks, Davidson said.

"Higher interest rates can be detrimental to equities, although we're of the view that we're not at risk of higher interest rates in the short term," Davidson said.

All told, eight of the 10 sectors in the S&P 500 index declined, with materials and energy stocks posting the biggest drops. Health care and technology stocks bucked the downward trend.

Akamai Technologies notched the biggest increase in the S&P 500 index, surging 21.2 percent. It added $8.39 to $47.96. Assurant fell the most. The stock lost $10.26, or 13.4 percent, to $66.23.

Several big media companies slumped.

Disney dropped 3.8 percent a day after it reported that its ESPN network has hit a soft patch. The stock was the biggest decliner in the Dow, sliding $3.47 to $88.85. Time Warner was down 5 percent after its revenue fell short of forecasts. Time Warner shed $3.14 to $60.07.

In Europe, Germany's DAX added 1.6 percent, while France's CAC 40 rose 1.6 percent. Britain's FTSE 100 gained 0.7 percent. In Asia, Japan's Nikkei 225 sank 2.3 percent and is down about 11 percent in the past month. Australia's S&P/ASX 200 shed 1.2 percent. Markets were closed in China, Taiwan, Hong Kong and South Korea for Lunar New Year holidays. Hong Kong and Korea reopen on Thursday and China and Taiwan resume trading on Monday.

Precious metals prices closed lower. Gold fell $4, or 0.3 percent, to $1,194.60 an ounce and silver slid 17 cents, or 1.1 percent, to $15.28 an ounce. Copper, an industrial metal that will often rise and fall along with investor's optimism about the global economy, fell 1 cent, or 0.6 percent, to $2.03 a pound.

Bond prices rose. The yield on the 10-year Treasury slipped to 1.67 percent from 1.73 percent late Tuesday. The dollar fell to 113.68 yen from 115.01 yen, while the euro rose to $1.1277 from $1.1287 the day before.

In other energy trading in New York, wholesale gasoline rose 4 cents, or 4.9 percent, to 94 cents a gallon and home heating oil was flat at 97 cents a gallon. Natural gas fell 5 cents, or 2.5 percent, to $2.05 per 1,000 cubic feet.

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