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Obama: Supreme Court nominee will be indisputably qualified for seat

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President Barack Obama says there is "more than enough time" for the Senate to consider a nomination to the Supreme Court this year, and he intends to move ahead with his choice.

RANCHO MIRAGE, Calif. -- President Barack Obama said Tuesday he would nominate a candidate to fill the vacancy on the Supreme Court who is "indisputably" qualified. He called on the staunch Republican opposition in the Senate to rise above "venom and rancor" and give the nominee a vote.

"I intend to do my job between now and January 20 of 2017," Obama said. "I expect them to do their job as well."

Obama told reporters at a news conference in his first extended comments on the fight over filling the seat left empty by the death of Justice Antonin Scalia.

Obama cast the dispute as a question of how far Republicans want to push their opposition and whether the Senate can function in the hyper-politicized climate. Fights over judicial nominations are not new, he noted, but "the Supreme Court's different."

"This will be a test, one more test of whether or not norms, rules, basic fair play can function at all in Washington these days," he said.

Obama spoke as he closed a meeting of Southeast Asian leaders at Sunnylands, a Southern California desert retreat. Obama gathered ASEAN members for two days of talks on security and counterterrorism efforts.

But the president's attention was divided. Since Scalia's unexpected death at a remote Texas ranch on Saturday, White House lawyers and advisers have been scrambling to refine and vet a list of potential replacements, while also devising a strategy to push a candidate through the Republican-led Senate.

Senate Majority Leader Mitch McConnell has said he doesn't think Obama should be putting a candidate forward. The Kentucky senator, as well as several Republican senators up for re-election this year, say Obama should leave the choice up to the next president. The November election, they argue, will give voters a chance to weigh in on the direction of the court.

Obama dismissed that notion. He has said he will put forward a replacement in due time and that he believes the Senate will have "plenty of time" to give the nominee a fair hearing and a vote. Democrats say Obama has every right and a constitutional duty to fill vacancies on the court until he leaves office Jan. 20, 2017.

The Republicans' recommended solution is "irresponsible and it's unprecedented," Sen. Pat Leahy, the ranking Democrat Senate Judiciary Committee, said Tuesday. "The American public expects us to do the job we're elected to do. The president is going to do what he is elected to do and let's vote up or down."

The dispute reflects years of escalating partisan hostilities over judicial nominations, as well as the unusual timing.

The pace of lower court confirmations always slows in a presidential election year, as the party that does not control the White House prefers to hold out hope that its candidate will fill vacant judgeships rather than give lifetime tenure to the other party's choices.

But Supreme Court vacancies in presidential years are rare, in part because the justices avoid retiring when prospects for confirming successors are uncertain.

If Senate Republicans hold fast to their vow not to confirm anyone Obama nominates, then the Supreme Court will operate with eight justices not just for the rest of this court term, but for most of the next one as well. High court terms begin in October, and the 80 or so cases argued in the course of a term typically are decided by early summer.

The court would be unable to issue nationwide rulings on any issue in which the justices split 4-4.


UPDATE: Route 10 in Easthampton closed due to water main break (Video)

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After heavy rain fell Tuesday afternoon, a water main on Northampton Street in Easthampton broke, flooding part of the busy road during rush hour. Watch video

EASTHAMPTON - Northampton Road was shut down near the intersection of Florence Road due to a water main that ruptured around 4:30 p.m. and flooded part of the road.

The road remained open until shortly before 6 p.m. and was then shut down to facilitate repairs, according to an Easthampton police dispatcher. Traffic was being rerouted along Lyman Street and Florence Road.

Shortly after 5 p.m., the water flowed from the break in front of 156 Northampton Street onto the southbound lane of Northampton Street, also called Route 10. A cruiser was parked in the lane.

The muddy water was also flooding the parking lot of 156 Northampton Street, which holds a gym, and the businesses downhill of the break.

The police dispatcher said he did not know when the road was expected to reopen.

Downtown Ware fire damages business and residential block

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Ware Fire Chief Thomas Coulombe said there were no injuries resulting from the structure fire. About 60 firefighters and units from Palmer, Monson, Hardwick, Belchertown, Warren, West Brookfield and a unit from Westover responded.

Updates a story posted Tuesday at 3:56 p.m.


WARE — A fire at 100-104 Main St. on Tuesday afternoon engulfed an entire two-story, downtown building that houses businesses on the lower level and six tenements upstairs.

Otto Florist & Gifts and Carrie's Kutts are among the businesses in the building.

Ware Fire Chief Thomas Coulombe said there were no injuries resulting from the structure fire that was called in at 2:30 p.m. About 60 firefighters and units from several communities responded.

An investigation with the Massachusetts Department of Fire Services is underway. So far, no cause has been assigned, Coulombe said. The chief said smoke was first detected on the second floor.

In addition to Ware fire and police, firefighters from Palmer, Monson, Hardwick, Belchertown, Warren, West Brookfield and a unit from Westover assisted.

A large section of Main Street has been closed to traffic, as a dozen apparatuses are on scene.


Investigation into Peck School finds 'systemic failure' led to abuse of Holyoke students

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Lack of leadership, improper training are the among the reasons that led to the excessive use of restraints and force against students with physical and behavioral disabilities at Peck School in Holyoke, district and state education officials say.

HOLYOKE -- Lack of leadership, improper training are the among the reasons that led to the excessive use of restraints and force against students with physical and behavioral disabilities at Peck School in Holyoke, district and state education officials say.

Holyoke Public Schools and the Department of Elementary and Secondary Education launched an investigation into abuse allegations in the school following the publication of a report by the Disability Law Center in December.

Special needs students in grades four through eight were thrown to the floor, slapped by staff and locked in unlit closets, according to the DLC report

Investigation of Peck School details alleged abuse committed by school staff against disabled children in Holyoke

The findings from the joint investigation were released Tuesday. The use of force is the result of "a systemic failure" on the part of Peck staff and central office officials, education officials said.

"The student experience at [Therapeutic Intervention Program] at Peck was compromised by inadequate oversight and support," the report states. "This resulted in an institutional environment in which HPS failed to address the poor treatment and inadequate educational experience of some students with social and emotional needs."

The facility is a specialized public school that teaches students in grades four through eight. There are 371 enrolled in the Northampton Street school this year and it maintains a low teacher-to-student ratio with fewer than 10 kids to every teacher, on average.

Of the student records reviewed by the agency, every student had a physical and/or emotional disability. Many of the children suffer from post traumatic stress disorder, developed from physical or sexual abuse committed against them or witnessed by the children. 

During the 2014-2015 school year, many staff in the therapy program were not properly trained on how to conduct restraints. Many did not receive any training until midway through the year, and no staff were trained on use of prone restraints, despite it being repeatedly used during the school year. 

The lack of training, the findings show, also resulted in the district improperly reporting when students were restrained for 20 minutes or more and when restraints resulted in students being injured. 

Peck students were restrained over 200 times last year, over 40 times in the prone position. One student accounts for 25 percent of the restraints last year. Three students were restrained more than 20 times. 

Students and their parents reported last year several instances of being injured during such uses of force. A student who weighed less than 100 pounds at the time is believed to have sustained a head injury after being restrained by three staff members. Another had a tooth knocked out. Several students said they had difficulty breathing while being restrained and suffered scratches and bruises.

Use of prone restraint restraint is controversial, and banned in several states, including Connecticut, New Hampshire and Maine. The type of restrain calls for two school staff members to immobilize students in face down positions, with one staff member holding the student's legs, the other holding arms. State law mandates the restraint should only be used in an emergency situation when a child can cause serious bodily harm to his or her self or others. 

Massachusetts Board of Elementary and Secondary Education voted recently to changed rules for use of restraints and secluding students in public schools.

The new rules, which took effect last month, no longer allow school staff to immobilize students in face down positions or isolate a child in a separate room outside of the classroom for more than a half hour, without prior approval from school administrators. The new regulations also call for more reporting of physical restraint use in schools.

Holyoke Public Schools are working with the Disability Law Center to correct issues in the Peck program. 

The agreement calls for limited the use of restraints and seclusion of students in the school, mandated workshops for staff on alternative ways to de-escalate a situation and improvements to the building to provide a safer learning environment. The Disability Law Center will track changes in the school over the next year and conduct site visits to ensure the agreement is followed. 

Since the start of the school year and prior to the DLC report's release in December, the district already began implementing changes at Peck School, including hiring a new principal and having a private special education school operate the Peck program. 

MSP: Man captured after gunpoint carjacking in Brockton; victims were woman and baby

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Jose F. Robles, 32, of Taunton, was charged with armed carjacking, armed robbery, receiving a stolen motor vehicle, negligent operation of a motor vehicle, operating with a suspended license, and failure to stop for police.

BROCKTON — A carjacking suspect who allegedly victimized a woman and her baby was caught after a brief police pursuit on Tuesday.

Brockton police responded to a report of an armed carjacking shortly before noon at the Westgate Mall, where a gunman confronted a woman who was in the process of strapping her infant into a baby seat in a Toyota Camry.

"The suspect demanded the woman give him the car keys as she was putting her child into a car seat," said Massachusetts State Police officials, who radioed a description of the Camry to patrol units.

Just after noon, Trooper Ryan Walczak spotted the Camry on Arch Street in Brockton and pursued the car northwest into neighboring Stoughton, where it crashed into a pole. The suspect exited the car and fled on foot, only to be caught about 30 second later by Walczak and two Plymouth County Sheriff's Department deputies, police said.

Jose F. Robles, 32, of Taunton, was charged with armed carjacking, armed robbery, receiving a stolen motor vehicle, negligent operation of a motor vehicle, operating with a suspended license, and failure to stop for police. He was expected to be arraigned Wednesday in Brockton District Court. It wasn't immediately known if he had a lawyer.



 


Up-close and personal: Supreme Court nominee faces America's toughest background check

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White House lawyers are scouring a life's worth of information about President Barack Obama's potential picks for the Supreme Court, from the mundane to the intensely personal.

WASHINGTON -- Did you ever buy porn, sniff glue, have sex in junior high? Exactly how many times?

White House lawyers are scouring a life's worth of information about President Barack Obama's potential picks for the Supreme Court, from the mundane to the intensely personal. In trying to replace the late Justice Antonin Scalia, the president could alter the balance of the court for decades -- but only if he can get his nominee through Republicans in the Senate.

Prospective justices are put through the nation's most thorough background check, an invasive process where nothing is off-limits. After all, a surprise dredged up later could scuttle confirmation. So candidates' taxes, writings, childhoods, business dealings, medical histories and, yes, love lives, are all scrutinized for potential red flags.

"The idea that you miss something that later torpedoed the nomination -- that's a nightmare," said Jack Quinn, former White House counsel to President Bill Clinton.

Just ask Judge Douglas Ginsburg. Nine days after President Ronald Reagan nominated him for the high court, it was revealed he had smoked marijuana as a law professor at Harvard and he was forced to bow out.

For Obama, who has successfully nominated two justices, the vetting process is even more critical this time as he works to push a nominee through in his final year in office. Already, Republicans are threatening to not even hold a vote. If hearings get mired in a squabble over some late revelation, Republicans could find a fresh rationale for dragging the process out until Obama's term ends in January 2017.

"I am going to present somebody who indisputably is qualified for the seat," Obama said Tuesday.

Traditionally, vetting takes weeks if not months, depending on how many candidates are being checked. But Obama is expected to move as quickly as possible to announce his pick.

The White House was jolted into action after learning of Scalia's death, officials said, summoning administration lawyers over Presidents Day weekend to begin searching for a suitable replacement. Obama, traveling in California, has been working with top advisers on his list while aides feel out senators about their willingness to hold a vote.

Millions of Americans with security clearances or government jobs are asked probing questions about their loyalty, reliability and character in FBI background checks. But for Supreme Court contenders, the inquiry goes far deeper.

Justice Anthony Kennedy sat through 10-plus hours of FBI interviews -- and a three-hour session with the attorney general and White House counsel in which all "conceivable no-holds-barred questions were asked," according to a memorandum archived in the Reagan Library.

Among the questions Kennedy was asked: Have you ever engaged in kinky sex? Did you shoplift as a kid? What about any associations with groups like the Ku Klux Klan? Ever abuse a girlfriend? Engage in cruelty to animals? And tell us about sex in college: How often, how many women, and did you ever contract a venereal disease?

Typically, such a deep dive doesn't take place until the "short list" has been winnowed to a few candidates being seriously considered. Some presidents keep a close hold on the names, wary of allowing opponents to start building a case against them. Others have floated potential names through the media to try to gauge the public's reaction.

"I always tell clients that they should think long and hard about whether they want to go through the process at all," said Robert Kelner, a partner at the Covington law firm who advises presidential appointees on Senate confirmation. "You give up any semblance of privacy. Your name may be floated, but then it might become publically known that the White House backed away because of something embarrassing."

In the Obama White House, the investigation has been divided in the past into a "substantive vet" of work-related history, performed by White House and Justice Department lawyers, and the "personal vet," handled by outside attorneys, current and former administration officials said. Memos on each area of inquiry then get melded into a single report for the president and top aides.

Obama, like the four most recent presidents before him, tends to interview his final candidates himself. George W. Bush interviewed five candidates to replace Sandra Day O'Connor before settling on Samuel Alito, according to the Congressional Research Service.

Candidates who have been Senate-confirmed before could be especially appealing to Obama because much of the painstaking work of collecting information is already done. This year's short fuse also works in favor of younger judges whose thinner judicial records mean a shorter paper trail.

After the president's nomination there's a whole new round of questioning -- this time by the Senate Judiciary Committee, in questionnaires and finally in televised hearings. Justice Sonya Sotomayor, nominated in 2009, was asked whether anyone in Obama's office had asked her about cases currently before the court. She was also asked to list every opinion she'd authored, every time she'd recused herself and every legal event she'd attended since joining the district court.

All told, Sotomayor's questionnaire response totaled more than 5,000 pages.

$6,308 reported missing from Ledges Golf Club in South Hadley; criminal investigation underway

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According to a recent audit, 11 eleven deposit slips are missing over a seven week period

SOUTH HADLEY - A criminal investigation has been launched involving what town officials said is $6,308 missing from the municipally-owned Ledges Golf Club.

According to a recent audit, 11 deposit slips are missing over a seven-week period.

"We began an investigation stemming from a discovery by treasurer Deborah Baldini as to missing bank deposits from the golf course in late November," Town Administrator Michael Sullivan wrote in a report to selectmen. "The treasurer discovered there was a deposit gap as far back as July and the missing deposits were from October and November."

"The missing deposits totaled $6,308," Sullivan wrote.

"Administration was notified immediately, as was Town Accountant William Sutton and a preliminary internal review was launched," his report continues. "Administration engaged an outside auditor, Scanlon Associates with experience in fraud investigation. The firm's initial audit established there (were) 11 deposits missing over a seven week period. On Jan. 4, 2016 a detailed on-site review of financial practices was commenced by Scanlon at the golf course."

"As there is an on-going criminal investigation in respect to the events we will not be able to make any further comments as to employees or former employees involved," Sullivan wrote.

There is no direct reference to this issue on the agenda posted for the selectmen's meeting that is scheduled to begin at tonight. However, there is an agenda item listed concerning setting golf course rates for this year.


This is a developing story. More details will be provided as our reporting continues.

 

Live reporting: Holyoke Council considers regulating drones, overriding mayor's vetoes

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A Holyoke photographer said he worries that the City Council's consideration of a proposal to regulate drones could harm his business, which includes use of a camera-mounted drone.

HOLYOKE -- Drones would be prohibited from flying over certain properties under a proposal the City Council will consider in a meeting at 7 p.m. at City Hall.

Follow along as live coverage is posted in the comments section under this story.

The proposal to regulate drones, which can be equipped with cameras, is one of the agenda's last items. (See below). But since residents are expected to address the proposal during the public speak-out period, including at least one who plans to oppose the plan, it is possible the council will move for discussion sooner.

A drone is a flying robot that can be operated by someone on the ground by remote control or using a computer such as a smartphone, according to online sources.

Council President Kevin A. Jourdain filed the proposal about drones:

"Chapter 54 of the Holyoke Code of Ordinances be amended to make it unlawful to use a drone to fly over the private property of another without their prior written consent. They shall also be prohibited from flying over any municipal property without the prior written consent of the city. A violation shall be subject to a fine. A drone shall be defined as any unmanned aerial system."

Jourdain said in a phone interview no specific complaint about drones prompted his order.

"I just think it's high time we have rules for this type of thing," Jourdain said. "There's nothing on the books that says people can't fly drones over other people's homes."

Enforcing such a municipal regulation on drones would appear to be a challenge, given that the person responsible for the drone flying in the sky might be nowhere visible.

Local photographer Jeffrey Byrnes uses a camera-mounted drone for his business and plans to speak against Jourdain's order.

"I think he's overstepped his bounds," Byrnes said in a phone interview.

Byrnes' work has been praised by city officials who have hired his drone camera to snap otherwise unavailable but revealing photos of the collapsing former Essex House hotel on High Street and the new access road at Holyoke Community College.

Byrne said he does work for a real estate agent such as showing the street around a home listed for sale. Such jobs could be banned under the proposed regulation. Or, the regulation could be used to help certain photographers but penalize others by making certain properties off limits, he said.

"It just seems ludicrous to me," Byrnes said.

The Federal Aviation Administration (FAA) officially calls a drone "an unmanned aircraft system," or UAS. The FAA requires that all drones be registered with the government for a $5 fee.

"Registration helps us ensure safety - for you, others on the ground, and manned aircraft," the FAA website said. "UAS pose new security and privacy challenges and must be traceable in the event of an incident. It will also help enable the return of your UAS should it be lost.

"By statute all aircraft are required to register. Congress has defined 'aircraft' to include UAS, regardless of whether they are operated by modelers and hobbyists," the FAA website said.

The council also will consider two vetoes that Mayor Alex B. Morse has issued of orders the council recently approved and sent to his desk.

jeff.drone.jpgThis is Holyoke photographer Jeffrey Byrnes' drone. 


One veto concerns the process by which certain state laws must be accepted by the city. The other is regarding the use of licenses to provide temporary use of a municipal property instead of a lease.

Override the mayor's veto requires a two-thirds majority, or 10 votes, from the 15-member City Council.

"It's our intention to vote to override them," Jourdain said.

Here is the City Council agenda:

AGENDA FOR THE CITY COUNCIL
February 16,2016

LAID ON THE TABLE

1. Petition of Verizon New England , Inc. to place one pole on the northerly side of Harvard St. at a point approximately one hundred seventy-three (173) feet Easterly from the center line of Pleasant St.

2. The Committee on Ordinance to whom was referred Ordered that the relevant sections of Chapter 86 of the Code of Ordinances be amended to allow the Holyoke Housing Authority to issue permits for parking on Leary Dr. and to authorize the Holyoke Housing Authority to tow vehicles parked without permits. Further, that the listing of spaces on Leary Dr. be reviewed and amended as necessary to update the location of the permit parking spaces and visitor spaces Recommend that the order be adopted

PUBLIC COMMENT

COMMUNICATIONS

3. From Mayor Alex B. Morse, letter re: veto of agenda Item #10, received and adopted on February 2, 2016.

4. From Mayor Alex B. Morse, letter re: veto of agenda Item #20, received and adopted on February 2, 2016.

5. From Brenna Murphy McGee, City Clerk and Ryan Allen, Admin. Asst. to City Council, minutes from February 2, 2016.

6. From Bellamy H. Schmidt, Acting City Auditor re: Monthly Budget Reports.

7. From Board of Health minutes from January 7, 2016.

8. From Board of Fire Commissioners minutes of December 7, 2015.

9. From Board of Public Works minutes from January 4, 2016.

10. From Sewer Commission minutes from January 4, 2016.

11. From Stormwater Authority minutes of January 4, 2016.

PETITIONS

12. Petition of Jay's B & B, LLC, for a new special permit for a Bed and Breakfast at 1109 Dwight St.

13. Petition of Atty. Thomas Wilson, for a zone change from R-1A to BH at 1575 Northampton St.

PRESIDENT'S REPORT

REPORTS OF COMMITTEES

14. Ordinance Committee Reports (if any)

14A. The Committee on Ordinance to whom was referred an order that an ordinance be created to allow renters access to the DPW facilities to bring refuse and surplus items just like homeowners Recommend that the order be adopted

14B. The Committee on Ordinance to whom was referred Ordered, that ordinances be reviewed to make sure that large commercial vehicles such as tractor trailer trucks are not being parked on residential streets overnight or for longer than 1 hour. Recommend that the order be given leave to withdraw

14C. The Committee on Ordinance to whom was referred an order Whereas: Traffic on Route 141 routinely blocks the intersection at Lindor Heights, Ordered: That the DPW paint a "do not block the box" box with cross hatching at the intersection and install appropriate signage. Recommend that the order be given leave to withdraw

14D. The Committee on Ordinance to whom was referred an order that Any hotel providing rooms for homeless individuals and/or families in cooperation with the State of MA for transitional assistance and community service that results in an increase in police calls exceeding the calls from the time prior to accepting these individuals and families shall provide private security or pay police officers for security from the hours of 6pm-2am seven days per week to ensure the safety of residents and the availability of police coverage throughout the city recommend that the order be given leave to withdraw

14E. The Committee on Ordinance to whom was referred an order That prior to seizure of any building for back taxes or other debt, the Treasurer present for approval to the Council documentation of the financial impact of such seizure, including any anticipated legal costs, rehab/demo costs and expected revenue from Recommend that the order be given leave to withdraw

14F. The Committee on Ordinance to whom was referred an order That the City Council pursuant to Ordinance 90-90 hold a public hearing and consider a modest change in the rates recommend that the order be given leave to withdraw

14G. The Committee on Ordinance to whom was referred an order That the Council petition the General Court to enact appropriate legislation allowing the enlargement of the License Commission from (3) to (5) members. Recommend that the order be given leave to withdraw

14H. The Committee on Ordinance to whom was referred an order That the DPW develop and implement a plan to accept bulk items from rental tenants residing in Holyoke Recommend that the order be given leave to withdraw

14I. The Committee on Ordinance to whom was referred an order That the DPW develop and implement a plan to accept yard waste from business properties located in Holyoke, including appropriate charges to support the costs Recommend that the order be given leave to withdraw

14J. The Committee on Ordinance to whom was referred an order That the DPW develop and implement a plan to for curbside pickup of bulk items for residents of Holyoke, including appropriate charges to cover the costs of pickup and disposal. Recommend that the order be given leave to withdraw

15. Finance Committee Reports (if any)

16. Public Safety Committee Reports (if any)

17. Public Service Committee Reports (if any)

17A. The Committee on Public Service to whom was referred an order that the Council move to fill the already ordained Youth Representative seat in Council meetings, advertising, interviewing, and filling the seat no later than 2/15/15 Recommend that the order be adopted and referred to Dr. Zrike

17B. The Committee on Public Service to whom was referred City Council review of Mr. Seth Taylor's reappointment to the Conservation Commission Recommend that the appointee be confirmed

17C. The Committee on Public Service to whom was referred City Council review of the reappointment of Anja Duffy to the Conservation Commission Recommend that the appointee be confirmed

17D. The Committee on Public Service to whom was referred an order that Mayor Morse and the Tax Collector, David Guzman, come into the City Council chambers to discuss the Head Clerk position that is vacant in the Tax Collectors office
Recommend that the order be given leave to withdraw

18. Development and Governmental Relations Committee Reports (if any)

19. Charter and Rules Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

20. LEAHY - the Mass Dept of Transportation installs a sign that reads "No Jake Brakes" at the beginning of the ramp at Exit 16 off of interstate 91.

21. MCGEE - that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "Emergency Management Performance" grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

22. MCGEE - that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the "Hydroelectric Generation Unit Upgrade" grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

23. ROMAN - the City of Holyoke create a three way stop at intersections of Papineau Street and Temple Street. To reduce the level of speeding vehicles passing through without slowing down, also this intersection is located behind the Robert F. Kennedy Children's Home School.

24. ROMAN - the City of Holyoke Fire Department, take over as the Emergency Medical Dispatch for the City (EMD).

25. ROMAN - the City of Holyoke Fire Department, serve as the backup Basic Life Support Ambulance for the City of Holyoke.

26. ROMAN - the current bus stop in front of 60 / 62 / 64 Hampshire Street, be moved in-front of open lot, located at 74 Maple Street, Holyoke, MA.

27. ROMAN - Resident Only Parking signs be placed in front of 60 / 62 / 64 Hampshire Street totaling four spaces.

28. ROMAN - That a handicap sign be placed in front of 136 Sergeant Street for Ivonne Mora.

29. ROMAN - That the City of Holyoke invite the Mayor, the School
JOURDAIN Department, the Law Department, and all other departments
necessary to appear before the Joint Committee of
the City Council and School Committee. The purpose
would be to discuss the permanent home of the School
Department Headquarters. Furthermore, on the feasibility
of 57 Suffolk Street, being acquired to permanently
house the school department, including through the
use of eminent domain, in order to save the tax payers
of the City of Holyoke money.

30. ROMAN - That Illeana Cintron, the newly hired, Family, Student, and Community Engagement Director appear before the Joint Committee of the City Council, and School Committee to outline vision for engagement, and answer any questions regarding said plan.

31. ROMAN - That the council adopt an ordinance to limit the hours of operation of businesses and/or to prohibit the 24 hour operation of businesses within the City and that the law department provide an opinion to the Council as to whether such an ordinance could apply to existing businesses, as well as options of ordinance language for the Council to consider.

32. BARTLEY - the Mayor's office kindly provide to the Ordinance committee copies of the contracts currently in force with Holyoke's towing vendors.

33. BARTLEY - City Council invite the Acting Regional Director of MA DOT to a future meeting of the Development & Governmental Relations Committee.

34. BARTLEY - DPW and MA DOT determine how to replace/upgrade the lights at Homestead Ave./Jarvis Ave./Cherry St. intersection. This would include walk signals (none there) and moving a light pole away from the curb on Homestead and adding guardrail.

35. GREANEY JR. - that all regular meetings of the Holyoke City Council shall start at 7:00 pm sharp. The meetings shall be chaired by the Council President or the senior member of the City Council present. City Councilors shall be limited to speak a maximum of two times on each individual agenda item unless further debate is deemed appropriate by the body.
Councilors shall be allowed to speak for up to two minutes on their first commentary period on each individual item. Each Councilor shall also be allotted a maximum of one minute to readdress the same item for their second commentary period.
(Rationale) To ameliorate the Holyoke City Council meetings so that all citizens can observe the Council meetings within reasonable time constraints.

36. GREANEY JR. - Late file orders of the Holyoke City Council shall be limited to ten items. If a late file order is deemed an emergency it may replace any order on the late file docket that is not an emergency in nature. The Item replaced shall be placed the next full Council agenda of the City Council.

37. JOURDAIN - Chapter 54 of the Holyoke Code of Ordinances be amended to make it unlawful to use a drone to fly over the private property of another without their prior written consent. They shall also be prohibited from flying over any municipal property without the prior written consent of the city. A violation shall be subject to a fine. A drone shall be defined as any unmanned aerial system.

38. JOURDAIN - DPW provide the City Council with the current list of private ways.

39. JOURDAIN - the City Council consider the acceptance of all private ways in the City of Holyoke as public ways.

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law.


News Links: 2 more patients accuse fertility doctor with assault; former nursing assistant charged in sexual assault; and more

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A Connecticut man who police said stabbed and slashed four members of his family early Tuesday, seriously injuring at least two, was fatally shot by an officer after a confrontation outside his home, the police chief said.

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A digest of news stories from around New England.



  • 2 more patients accuse Massachusetts fertility doctor of sexually assaulting them during medical procedures [Boston Globe]


  • Former Rhode Island nursing assistant charged with sexually assaulting female patient [Providence Journal]


  • Connecticut police officer fatally shoots man who stabbed, slashed 4 family members, chief says [Hartford Courant] Video above


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  • Family members plead for safe return of Zacharay Marr, 22-year-old Harvard man last seen outside Boston bar Saturday [Boston.com] Video above


  • Former Vermont state worker from North Adams, Mass., gets suspended sentence after admitting to selling heroin [Bennington Banner]


  • Nashua man held on $20,000 bail after allegedly exposing self to Southern New Hampshire University students [Eagle Tribune]


  • Taunton man carjacks vehicle from mother, infant child in Brockton, police say, crashes it in Stoughton [Brockton Enterprise] Video below


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  • Lowell man arrested in hit-and-run accident that injured 15-year-old bicyclist [Lowell Sun]


  • 3 rescued after tugboat sinks in Boston Harbor [Boston Herald] Video below


  • Maine teenager charged with sexually assaulting 2 children [Portland Press Herald]


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  • Obama: 'I intend to do my job ... I expect [senators] to do their job as well'

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    President Barack Obama declared Tuesday that Republicans have no constitutional grounds to refuse to vote on a Supreme Court nominee, and he challenged his political foes in the Senate to rise above the "venom and rancor" that has paralyzed judicial nominations.

    RANCHO MIRAGE, Calif. (AP) -- President Barack Obama declared Tuesday that Republicans have no constitutional grounds to refuse to vote on a Supreme Court nominee, and he challenged his political foes in the Senate to rise above the "venom and rancor" that has paralyzed judicial nominations.

    As Obama cast the dispute over filling the seat of the late Justice Antonin Scalia as a test of whether the Senate could function, there were early signs that Republican resistance could be eroding. Senate Judiciary Chairman Charles Grassley suggested he might be open to considering Obama's yet-to-be named nominee, an indication his party may be sensitive to Democrats' escalating charges of unchecked obstructionism.

    "I intend to do my job between now and January 20 of 2017," Obama told reporters at a news conference. He said of the nation's senators, "I expect them to do their job as well."

    Obama was in California for a meeting of Southeast Asian leaders gathered for two days of diplomacy. But his attention was divided at that conference.

    Since Scalia's unexpected death at a Texas ranch on Saturday, White House lawyers and advisers have been scrambling to refine and vet a list of potential replacements, while also devising a strategy to push a candidate through the Republican-led Senate.

    Senate Majority Leader Mitch McConnell has said he doesn't think Obama should be putting a candidate forward. The Kentucky senator, as well as several Republicans up for re-election this year, say Obama should leave the choice up to the next president. The November election, they argue, will give voters a chance to weigh in on the direction of the court.

    Obama dismissed that notion, insisting he will put forward a replacement and believes the Senate will have "plenty of time" to give the nominee a fair hearing and a vote. Democrats say Obama has every right and a constitutional duty to fill vacancies on the court until he leaves office next January.

    Obama conceded the dispute reflects years of escalating partisan hostilities over judicial nominations and said Democrats' hands are not bloodless. Years of bickering have left the public accustomed to a situation where "everything is blocked" -- even when there's no ideological or substantive disagreement, he said.

    "This would be a good moment for us to rise above it," he said.

    The pace of judicial confirmation always slows in a presidential election year, as the party that does not control the White House holds out hope that its candidate will fill vacant judgeships rather than give lifetime tenure to the other party's choices. In the past, lawmakers have sometimes informally agreed to stop holding hearings on lower court nominations during campaign season.

    Obama argued Tuesday that "the Supreme Court's different."

    "There's no unwritten law that says that it can only be done in off years. That's not in the constitutional text," he said. "I'm amused when I hear people who claim to be strict interpreters of the Constitution suddenly reading into it a whole series of propositions that aren't there. There's more than enough time for the Senate to consider in a thoughtful way the record of a nominee that I present and to make a decision."

    McConnell has shown no signs of shifting his opposition, and several lawmakers facing heated elections have backed him up. But the Republican party may still be searching for a strategy.

    In an interview with home state reporters, Iowa Republican Grassley said he "would wait until the nominee is made before I would make any decision."

    The White House has been looking for cracks in the Republicans opposition as it deliberates on a nominee. If Republicans indicate they may hold hearings, Obama would have greater reason to name a "consensus candidate," a moderate nominee who would be at least somewhat difficult for Republicans to reject. If there's virtually no chance of Republicans bending, Obama might go another route -- picking a nominee who galvanizes support among the Democrats' liberal base and fires up interest groups in the election year.

    Obama on Tuesday would not tip his hand -- much.

    "I'm going to present somebody who indisputably is qualified for the seat and any fair-minded person, even somebody who disagrees with my politics, would say would serve with honor and integrity on the court," he said.

    Asked if that meant he was leaning toward a moderate, Obama said, bluntly, "No."

    He would not comment on whether he would consider appointing a candidate during a congressional recess, a last-ditch maneuver likely to further inflame partisanship in Congress.

    Obama's dilemma arises, in part, because of the unusual timing. Supreme Court vacancies in presidential years are rare, largely because the justices avoid retiring when prospects for confirming successors are uncertain.

    If Senate Republicans hold fast to their vow not to confirm anyone Obama nominates, the Supreme Court will operate with eight justices not just for the rest of this court term, but for most of the next one as well. High court terms begin in October, and the 80 or so cases argued in the course of a term typically are decided by early summer.

    The court would be unable to issue rulings on any issue in which the justices split 4-4.

    Court officials said Scalia's body will lie in repose Friday in the Supreme Court's Great Hall, after a private ceremony. The funeral mass Saturday will take place at the Basilica of the National Shrine of the Immaculate Conception in Washington.

    Scalia's courtroom chair was draped in black on Tuesday.

    Dow climbs 222 points as Wall Street rises for second day in a row in broad rally

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    Retail and industrial stocks made the biggest gains as they were lifted by company earnings, some good news from China's economy, and hope that Japan's struggling economy will get another boost.

    By MARLEY JAY

    NEW YORK -- Stocks closed broadly higher as the market notched its second sizable gain in a row. Retail and industrial stocks made the biggest gains as they were lifted by company earnings, some good news from China's economy, and hope that Japan's struggling economy will get another boost.

    Indexes were higher all day and almost matched the big gains they made on Friday. Strong quarterly results gave some company stocks a boost and investors worried a bit less about China and Japan.

    For a change, stocks traded higher even though the price of oil slumped. Investors were skeptical that OPEC nations will sign off on a deal to freeze production, so U.S. crude sank after a big rally on Friday.

    The Dow Jones industrial average added 222.57 points, or 1.4 percent, to 16,196.41. The Standard & Poor's 500 index rose 30.80 points, or 1.7 percent, to 1,895.58. The Nasdaq composite climbed 98.44 points, or 2.3 percent, to 4,435.96.

    The S&P 500 had climbed 2 percent on Friday. It had been two months since the S&P 500 rose at least 1 percent for two consecutive days. The U.S. market was closed Monday for the Presidents Day holiday.

    ADT surged after the home security company accepted an offer from investment company Apollo Global Management worth $42 per share, or $6.94 billion. Its stock rose $12.77, or 47.5 percent, to $39.64. Apollo Global added 72 cents, or 5.4 percent, to $14.12.

    Amazon rose $14.02, or 2.8 percent, to $521.10. Home Depot rose $3.11, or 2.7 percent, to $119.43 and competitor Lowe's gained $2.56, or 3.9 percent, to $67.43.

    Hormel, the maker of Spam and Dinty Moore stew among other foods, had its best day in almost seven years after the company posted a stronger-than-expected quarterly profit and raised its forecast for the year. Its stock climbed $2.94, or 7.1 percent, to $44.44. It's up 60 percent over the last year.

    Restaurant Brands, the parent company of Burger King and Tim Hortons, jumped $1.81, or 5.7 percent, to $33.82 after the company said an important sales measurement rose at both of its chains in the fourth quarter.

    Hospital stocks tumbled after Community Health Systems said admissions decreased in the fourth quarter. That's partly because it had more patients last year with respiratory illnesses and the flu. The company took a loss as it absorbed impairment charges and set aside more money to cover unpaid bills.

    The stock plunged $4.12, or 22.1 percent, to $14.56.

    It's been a bad couple of weeks for company earnings. Three-fourths of the companies listed on the S&P 500 have reported their quarterly results, and earnings are expected to fall almost 5 percent compared with a year ago, according to S&P Capital IQ. That's mostly because of plunging oil prices, which are pummeling energy company profits.

    Analyst Lindsey Bell of S&P Global Markets Intelligence says that we're in the middle of a cycle that will see S&P 500 profits fall for four quarters in a row, but the market is focused on other issues, including concerns about the health of China's economy and central bank policy.

    "You don't hear a lot of people talking about how we're going to have a nearly five-percent decline in earnings," she said.

    Bell says earnings will start growing again later this year because companies have lowered the bar. Still, analysts are swiftly lowering their estimates for 2016. She says analysts now expect earnings growth of 2.9 percent, down from 7.4 percent at the start of 2016.

    Daily deals site Groupon notched a large gain for the second day in a row. The stock rose $1.19, or 41.2 percent, to $4.08 after Chinese e-commerce site Alibaba disclosed it had taken a 5.6 percent stake in the company. Groupon stock jumped 29 percent Friday after the company reported its fourth-quarter results, but the stock is still in a big slump over the last year.

    Tuesday started with gains for Asian stocks. China's central bank guided the yuan higher, pushing the currency close to its highest level of the year. That's a positive sign for the Chinese economy. Along with many other factors, weakness in the yuan this year has caused investors to worry about the health of the Chinese economy. China's official news agency also said new yuan loans climbed in January.

    In Japan, a report showed the economy was weaker than expected, but that still gave stocks a boost because investors hope it will convince the Bank of Japan to take further steps to stimulate the economy.

    Japan's Nikkei added 0.2 percent after soaring 7.2 percent the day before, its biggest daily gain since September. Hong Kong's Hang Seng advanced 1.1 percent.

    Stocks in Europe mostly fell. Germany's DAX lost 0.8 percent and France's CAC 40 slipped 0.1 percent. However Britain's FTSE 100 rose 0.7 percent.

    Russia and Saudi Arabia said Tuesday they had reached a deal to freeze their oil output, but the deal won't take effect unless other OPEC nations also agree to it. Analysts say Iran probably won't sign on because it wants to increase production following its period of sanctions.

    U.S. crude lost 40 cents, or 1.4 percent, to $29.04 a barrel in New York. It jumped 12 percent Friday, its biggest gain in years.

    Brent crude, a benchmark for international oils, gave up $1.21, or 3.6 percent, to $32.18 a barrel in London.

    Wholesale gasoline fell 7.2 cents, or 6.9 percent, to 97.1 cents a gallon. Heating oil fell 4.2 cents, or 4 percent, to $1.027 a gallon. Natural gas slid 6.3 cents, or 3.2 percent, to $1.903 per 1,000 cubic feet.

    The prices of gold and silver have climbed this year as investors look for safety in a turbulent market. With the stock market bouncing back on Tuesday, the price of gold sank $31.20, or 2.5 percent, to $1,208.20 an ounce, and silver fell 45.6 cents, or 2.9 percent, to $15.334 an ounce. Copper rose 2.2 cents to $2.051 a pound.

    The yield on the 10-year Treasury note rose to 1.78 percent from 1.75 percent Friday. The dollar rose to 113.88 yen from 113.26 yen. The euro slipped to $1.114 from $1.126.

    US Attorney Carmen Ortiz creates special unit to protect civil rights of 'vulnerable and underserved' groups

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    The unit will be led by Jennifer Serafyn, an assistant prosecutor in Ortiz's office, and is charged with enforcing federal civil rights statutes that protect the rights of the most vulnerable and underserved members of our community.

    BOSTON — The U.S. Attorney's Office for the District of Massachusetts has established a Civil Rights Unit to ensure that vulnerable and underserved groups receive equal protection under federal law.

    The new unit will focus primarily on the civil enforcement of federal civil rights laws in Massachusetts, U.S. Attorney Carmen Ortiz announced Tuesday. The special unit will operate within the office's civil division and collaborate with local community members, advocacy groups and other federal and state agencies in the area of civil rights, according to Ortiz.

    "Protecting the civil rights of the residents of Massachusetts has been a top priority," Ortiz said in a statement. "We are committed to ensuring a level playing field for all residents in the commonwealth, advancing equal opportunity, and educating the public about their rights and responsibilities."

    Ortiz has already demonstrated her office's commitment to "vigorous and robust civil rights enforcement," Vanita Gupta, head of the Department of Justice's Civil Rights Division, said Tuesday. But institutionalizing the Civil Rights Unit will enhance Ortiz and DOJ's shared mission of ensuring "equal opportunity and equal justice for all of the communities we serve," Gupta said.

    The unit will be led by Jennifer Serafyn, an assistant prosecutor in Ortiz's office, and will be charged with enforcing federal civil rights statutes that protect the rights of the most vulnerable and underserved members of our community, according to Ortiz.

    The unit will focus on enforcing laws that prohibit discrimination and harassment on the basis of race, gender, religion, national origin and disability; prohibit police misconduct; protect the constitutional rights of institutionalized people; protect the employment rights of members of the armed forces; and prohibit discrimination in housing and mortgage lending.

    Since 2010, Ortiz's office has actively investigated and resolved civil rights cases involving disability discrimination, fair housing, fair lending, and veterans' rights, among other issues. Some recent examples include:


    • Filing a "statement of interest" in a private lawsuit alleging that Springfield Public Schools discriminated against hundreds of children with mental health disabilities by segregating them in a separate school;

    • an agreement with the Wales Police Department in a case involving effective communication for a deaf person at the police station;

    • an agreement with the city of Somerville resolving discrimination against a man who was disadvantaged in his employment with the city's Fire Department because of his military service;

    • an agreement with Lowell-based Sage Bank for engaging in a pattern or practice of discrimination on the basis of race and national origin in the pricing of its residential mortgage loans;

    • issued a "letter of findings" in the investigation of the Massachusetts Department of Children and Families for denying opportunities, benefits and services to a 21-year-old single mother who has a developmental disability;

    • an agreement with edX, an online course provider, over the accessibility of its website;

    • initiated an Americans with Disabilities Act compliance review of restaurants in the Seaport and Fort Point sections of Boston and hotels in Copley Square;

    • an agreement with Clarendon Hill Towers, a Somerville apartment building, for violating the fair housing rights of a couple and their three children;

    • and an agreement with the owners of a North Attleboro apartment complex for discriminating against families with children.


    Meanwhile, the Civil Rights Enforcement Team, which Ortiz created in 2010, will continue to investigate and prosecute criminal violations, such as hate crimes, damage to religious property, deprivation of constitutional rights, and human trafficking for sex or involuntary servitude. The team is led by Ted Merritt.

    Judge: Apple must help FBI hack into iPhone belonging to San Bernardino, Calif., shooter

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    A U.S. magistrate has ordered Apple to help the Obama administration hack into an iPhone belonging to one of the shooters in San Bernardino, California.

    WASHINGTON -- A U.S. magistrate ordered Apple Inc. on Tuesday to help the Obama administration hack into an encrypted iPhone belonging to one of the shooters in the December attack in San Bernardino, California, in a first-of-its-kind ruling that pits digital privacy against national security interests.

    The ruling by Magistrate Judge Sheri Pym, a former federal prosecutor, requires Apple to supply highly specialized software the FBI can load onto the county-owned work iPhone to bypass a self-destruct feature, which erases the phone's data after too many unsuccessful attempts to unlock it. The FBI wants to be able to try different combinations until it finds the right one.

    The decision gives the Justice Department a significant victory in an entrenched technology policy battle, as more-powerful encryption services threaten the ability of federal agents to uncover important evidence in criminal or terrorism cases. The Obama administration, which has embraced stronger encryption as a way to keep consumers safe on the Internet, had struggled to find a compelling example to make its case. The ruling Tuesday tied the problem to the deadliest terrorist attack on U.S. soil since the 2001 terrorist hijackings.

    Federal prosecutors told the judge in a court filing that they can't access a work phone used by Syed Farook because they don't know his passcode and Apple has not cooperated.

    Apple has provided default encryption on its iPhones since 2014. allowing any device's contents to be accessed only by the user who knows the phone's passcode.

    The Cupertino, California-based company did not immediately respond to messages from The Associated Press asking about the case.

    Farook and his wife, Tashfeen Malik, killed 14 people in a Dec. 2 shooting at a holiday luncheon for Farook's co-workers. The couple later died in a gun battle with police.

    It was not immediately clear what investigators believe they might find on Farook's work phone or why the information would not be available from third-party service providers, such as Google or Facebook. The couple took pains to physically destroy two personally owned cell phones, crushing them beyond the FBI's ability to recover information from them. They also removed a hard drive from their computer; it has not been found despite investigators diving for days for potential electronic evidence in a nearby lake.

    Farook was not carrying his work iPhone during the attack. It was discovered after a subsequent search. It was not clear whether Farook forgot about the iPhone or didn't care whether investigators found it.

    The phone was running the newest version of Apple's iPhone operating system, which requires a passcode and cannot be accessed by Apple, unlike earlier operating systems or older phone models. San Bernardino County provided Farook with an iPhone configured to erase data after 10 consecutive unsuccessful unlocking attempts. The FBI said that feature appeared to be active on Farook's iPhone as of the last time he backed it up.

    The California ruling comes amid a similar case in the U.S. District Court for the Eastern District of New York. In that case, Magistrate Judge James Orenstein has not yet decided whether the government can compel Apple to unlock an iPhone under the same 18th century law applied to the California case. The All Writs Act has been used to compel a party to help the government in its law enforcement efforts, but Apple has argued that it is not its role to act as a government agent and that doing so would breach trust with its customers.

    Investigators are still working to piece together a missing 18 minutes in Farook and Malik's timeline from Dec. 2. Investigators have concluded they were inspired by the Islamic State group; Malik's Facebook page included a note pledging allegiance to the group's leader around the time of the attack.

    In 2014, Apple updated its iPhone operating system to require that the phone be locked by a passcode that only the user knows. Previously, the company could use an extraction tool that would physically plug into the phone and allow it to respond to search warrant requests from the government.

    FBI Director James Comey told a Senate hearing last week that investigators in the case had been unable to access a phone in the California case but provided no details.

    "It is a big problem for law enforcement armed with a search warrant when you find a device that can't be opened even when a judge says there's probable cause to open it," Comey said. "It affects our counterterrorism work. San Bernardino, a very important investigation to us, we still have one of those killers' phones that we have not been able to open, and it's been over two months and we're still working on it."

    Firearms, explosives, trench of human feces found at site of Oregon standoff, feds say

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    "There are numerous vehicles on the site and the FBI is concerned that vehicles and buildings may be booby trapped,'' federal prosecutors wrote in a court filing on Tues., Feb. 16, 2016.

    Investigators so far have found firearms, explosives, spoiled food and a trench of human feces at the Malheur National Wildlife Refuge, federal prosecutors said.

    The FBI is expected to take 21 days to complete processing "crime scenes'' at the federal property in Harney County, which includes 24 structures and an outdoor camping area, the prosecutors wrote in court records filed Tuesday.

    The FBI Evidence Response Team began its work last Friday. The team initially found "significant amounts'' of human feces in and around the outdoor camping area and "large food stores that are spoiling'' in living quarters on the refuge outside Burns, Assistant U.S. Attorneys Ethan Knight and Geoffrey Barrow wrote.

    Federal officials have found two large excavated trenches and an "improvised road on or adjacent to grounds containing sensitive artifacts,'' the prosecutors wrote. "At least one of these trenches contains human feces.''

    The prosecutors also noted that "the FBI is concerned that vehicles and buildings may be booby trapped."

    Complete Oregon Standoff coverage >>

    They didn't specify what kind of explosives or guns had been been discovered or how many.

    Ammon Bundy, 40, is now jailed on a federal conspiracy charge in Portland, accused of leading the Jan. 2 armed takeover of the wildlife sanctuary that lasted 41 days. The last four occupiers surrendered last week. Twenty five people have been named in indictments charging them with conspiring to impede federal officers from doing their jobs at the refuge.

    Bundy has said he and his followers were demonstrating against the return to prison of local ranchers Dwight Hammond Jr. and his son, Steve Hammond, and the federal government's control of public land.

    An FBI Art Crimes Team, known as ACT, is going over "a particularly sensitive cultural site'' next to or at the refuge's outdoor camping area, the prosecutors' memo said.

    Their memo came in response to requests by defense attorneys for the government to preserve evidence in the case.

    Prosecutors said they'll allow defense lawyers and their investigators to gain access to the refuge after the evidence has been collected but before the site is restored or open to the public.

    Defense lawyers will be escorted by FBI personnel and won't be allowed to disturb or remove items from the scene, Knight and Barrow wrote.

    The government further will make all evidence seized in the investigation available for inspection at the FBI field office in Portland, prosecutors said.

    There appear to be some objections by defense lawyers to such an arrangement, which is expected to be worked out in court on Feb. 24.

    Ammon Bundy's lawyers want access by an investigator and videographer to the refuge site immediately to observe the FBI's processing of the scene, according to court documents.

    Co-defendant Jason Patrick's attorney, Andrew Kohlmetz, had filed a request for the government to preserve any evidence and allow the defense access to the crime scenes. He also urged the court to manage the discovery of evidence in the case because of the number of defendants and size of the alleged crime scene.

    Bridgewater prison guard arrested for trafficking heroin, police say

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    Police said 40-year-old Stephen Lebreux, of Swansea, was arrested Tuesday after police set up an undercover heroin purchase.

    Massachusetts State Police say they've charged a prison guard with trafficking heroin after a week-long investigation.

    Police said 40-year-old Stephen Lebreux, of Swansea, was arrested Tuesday after police set up an undercover heroin purchase.

    Lebreux is a corrections officer at the state prison in Bridgewater.

    Police say an undercover officer made multiple heroin buys from Lebreux while he was off-duty and not at the prison.

    Lebreux is being held at the state police barracks in Dartmouth and is scheduled to be arraigned Wednesday at Fall River District Court. No further details were immediately available.

    It's unclear whether Lebreux is represented by an attorney.

     

    Holyoke Police Chief James Neiswanger: criminal charges likely in New Year's Day crash that killed 2

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    Holyoke police are waiting for a state police accident-reconstruction report on the Jan. 1 double-fatal before releasing criminal charges, the name of the accused and other details.

    HOLYOKE -- Criminal charges are likely as state and city police continue to investigate the New Year's Day two-vehicle crash that killed a man and a woman at Chestnut and Hampshire streets, Police Chief James M. Neiswanger said.

    "I anticipate there will be criminal charges being brought forth," Neiswanger said in an email Tuesday.

    Maria Calderon, 48, of 859 Main St., apartment 3R, and Manuel Velez, 52, of 842 Dwight St., first-floor apartment, were killed in the 4 a.m. accident, Neiswanger said. Two others were seriously injured, police said previously.

    The crash occurred when a driver on Chestnut Street ran through a stop sign and broad-sided a vehicle carrying five people on Hampshire Street, Holyoke Police Lt. Michael McCoy told The Republican and MassLive.com Jan. 1.

    The driver of the vehicle that ran the stop sign suffered minor injuries, as did the fifth occupant of the other vehicle, McCoy said.

    The delay in releasing more information such as the specific criminal charges and the individual or individuals facing such charges is that police here are awaiting the report on the accident by the Massachusetts State Police reconstruction team, Neiswanger said.

    "The delay is the accident is still under investigation. We are waiting on a report from the accident reconstructionist. Unfortunately these sometime take a while to get back," Neiswanger said.

    "They are a great partner and always make themselves available to help us. I not sure when their work would be done, perhaps a couple of months," he said.

    A sergeant in the state police media relations office in Framingham on Tuesday suggested sending an email to that office with questions about the status of the reconstruction report. The Republican and MassLive.com sent an email with numerous questions and is awaiting a reply.

    On Jan. 4, 22 News-WWLP.com reported that Holyoke Police Sgt. Stephen Loftus said that alcohol was not believed to have been a factor in the accident.

    Christopher Montgomery defense fights prosecutor's effort to take DNA sample for Springfield trial in fatal shooting of Rakeem Nixon

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    Christopher Montgomery is charged with murder in the fatal shooting of Rakeem Nixon in Springfield on March 15, 2015.

    SPRINGFIELD - The prosecution wants to take a DNA sample from murder defendant Christopher Montgomery.

    Montgomery's lawyer, Donald W. Frank, does not want that done.

    The two sides are scheduled to appear before a Hampden Superior Court judge Tuesday, Feb. 23 to argue their positions on the subject. Assistant District Attorney Matthew W. Green is asking that a judge make an order compelling the taking of DNA from Montgomery.

    Montgomery, now 18, of Springfield, has denied a murder charge for the fatal shooting on March 15 of Rakeem Nixon.

    Montgomery, of 66 Glenwood St., is charged with killing Nixon, 22, of Springfield, about 3 p.m. on a residential street off Boston Road.

    Five hours after Nixon was gunned down on Lucerne Road, police arrested Montgomery and charged him with murder. The victim was shot multiple times.

    Montgomery is being tried as an adult for the murder which happened when he was 17 years old.

    The date for Montgomery's trial is May 17.

    In his memorandum in support of the granting of an order compelling a DNA sample, Green wrote: "The commonwealth maintains there is probable cause to believe that such sample will constitute, or lead to the discovery of material evidence relevant to the determination of the defendant's guilt or innocence."

    In his opposition to the taking of a buccal swab to get Montgomery's DNA, Frank writes the prosecution "is unable to establish a DNA sample will probably provide evidence relevant to the question of the defendant's guilt."

    Frank said the prosecution is unable to establish that "the sole witness against the defendant is reliable."

    In his memo Green writes as "factual background" at about 3 p.m. police got a call from a resident of Lucerne Road saying she heard gunshots and there was a person at the end of her driveway who was unresponsive.

    Green said a juvenile male, the one witness who identified Montgomery, originally told police he had been in the area of Colonial Estates to meet a friend along with someone he does not really know by the name of "Lil Chris" and his brother. He told police he didn't know the real name of "Lil Chris."

    The juvenile said the three of them encountered a man and "Lil Chris" thought the man looked at him funny. The juvenile said "Lil Chris" borrowed his bike to catch up with the man and confront him.

    The juvenile said "Lil Chris" asked the man why he looked at him funny and who he was "down with." The juvenile said "Lil Chris" didn't like the man's answer so shot him several times.

    The juvenile said he was scared so took his bike back and fled.

    When he first talked to police he identified a photo of a man - not Montgomery - who he said was "Lil Chris."

    Green wrote the juvenile then came into the police department with his mother and stepfather and admitted he randomly picked out the other man's picture because he was scared.

    The juvenile said he knew "Lil Chris" well and it was Montgomery.

    Frank, in his memo, said Green left out information that when the juvenile was before the grand jury he recanted his previous statements and said he wasn't at the scene of the murder and didn't see anyone do the shooting.

    Green said he wants to get Montgomery's DNA to compare with items such as the bike grips of the juvenile's bike, which tested positive for blood and swabs from the gear shift which tested positive for blood.

    He also wants comparisons with gloves found inside a jacket at Montgomery's home that tested positive for blood.

    Bob Dubiel, former Northampton teacher and coach who died Tuesday, mourned by many

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    A community including family, friends, former students and athletes is mourning the death of Robert Dubiel, a former math teacher and coach in the Northampton Public Schools.

    A community including family, friends, former students and athletes is mourning the death of Bob Dubiel, a former math teacher and coach in the Northampton Public Schools.

    Dubiel, 69, of Easthampton, died Tuesday of a heart attack while clearing snow, according to his sister-in-law, Deborah Dionne.

    "It's just such a huge loss and sadness, I can't even begin to convey," Dionne said Wednesday in a phone interview from her home in Georgetown, Maine. "He was a pretty terrific guy."

    Dubiel's Facebook page on Wednesday featured tributes and memories from former students at John F. Kennedy Middle School, including those whom he coached. He worked at the middle school from 1969 to 1992.

    He also served as the assistant and later the head coach of the boys soccer team and the assistant coach of the boys basketball team, all at Northampton High School.

    Reached Wednesday, his friends and former students recalled Dubiel as a friendly, well-liked man who always had a smile and a word of encouragement. After he left his job as a math teacher at JFK Middle School, he continued to teach as a golf instructor at the Southampton Country Club -- and always remembered his former students' names when he saw them around town.

    Among the tributes on his social media page was one from Linda Rowbotham, who coaches the Westfield High School diving team, field hockey team and the indoor and outdoor track and field teams.

    "He touched a lot of lives in Northampton," said Rowbotham, who grew up there. She said he was one of several people who inspired her to become a coach when she retired from the U.S. Army -- despite the fact that he was never her coach.

    "He's the teacher I'll remember forever as far as coaching because he made you believe anything was possible," she said. "The man was just amazing."

    The school wouldn't let her join the boys soccer team -- these were the days before federal rules required teams for girls -- so Dubiel let her be the team's manager. When she went to Northampton High School, they still met frequently because she was the scorekeeper for the basketball team and ran track and field.

    Rowbotham said that Dubiel impacted her education from her first minutes as a JFK Middle School student.

    She had previously attended a Catholic elementary school, and Dubiel was her homeroom teacher at JFK. "Going to Catholic school to public school can be so frightening, but he made everything so easy," Rowbotham said.

    She said many of her memories of Dubiel also include Joe Mantegna, who was head coach of the boys soccer and basketball teams at the high school while Dubiel was assistant coach. "They were the dynamic duo," she said.

    In a phone interview from his home in Naples, Florida, Mantegna said that while he met Dubiel through coaching, Dubiel later became like a third son to him.

    "He was part of the family. He's the godfather of my youngest son," Mantegna said. "Our family will cherish the time we shared with him."

    Mantegna said he allowed Dubiel to become assistant soccer coach after Dubiel called him "about a dozen times" about the role.

    "We developed a friendship from there that's lasted our whole lives," he said. They coached together for over 20 years before Mantegna retired. "He was as loyal an assistant that any coach could ask for. The players absolutely loved him."

    He was well-loved off the field, too. "I don't think he had an enemy in the world. He was just a nice person," Mantegna said.

    Bridget Goggins of Northampton said she always loved running into Dubiel around Northampton. "He always remembered his students," she said.

    A few months ago, she ran into him at Joe's Pizza on Market Street and told him that he was instrumental in getting her through algebra when she was in middle school. "He'd meet me at 7 a.m. every morning for tutoring," she said.

    "He was a great teacher, willing to put in extra hours," she said. "He was a kind man with a great smile. Everyone found him to be congenial."

    Among the loved ones Dubiel leaves is his wife of 22 years, Patty Dubiel, and his stepchildren, Jon and Lindsey Venne. Patty Dubiel is a teacher at Bridge Street School in Northampton and Deborah Dionne's sister.

    Dionne recalled "interviewing" Dubiel when he started dating her sister to make sure he was a good guy. "They were soulmates from the moment they met," Dionne said. "He was great stepdad to her two kids and supported them through everything. He was their best cheerleader."

    Dionne said Dubiel was also important in her own immediate family. He was a special person in the life of her daughter, who has cerebral palsy. "Bob was like another dad to her," she said.

    The Dubiels visited her in Georgetown over the weekend, she said, and were excitedly planning the wedding of Lindsey Venne. She said the family went back to Massachusetts and on Tuesday, while snowblowing, Dubiel suffered a heart attack.

    He was in good shape, his friends and family said, so his death came as a shock.

    He loved to play golf, and has worked at the Southampton Country Club as an instructor and in other capacities "forever," according to Dionne.

    While some people retire to play golf, Dubiel, decided to work at the club as a second career. "He was very patient," Dionne said, an important characteristic in a golf instructor.

    She said Dubiel was always being stopped on the street by former students who adored him.

    "He just had that kind of effect on people," she said.

    Dionne said the family is currently working on an obituary and other arrangements.

    Cape Cod woman charged with animal cruelty after leaving dog outside in freezing weather

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    A Yarmouth woman has been charged with animal cruelty after a dog barking and howling for three and a half hours outside in the freezing temperatures was reported to police.

    A 44-year-old Yarmouth woman has been charged with animal cruelty after neighbors called police Saturday morning to report a dog barking for over three hours outside in freezing temperatures.

    The temperature at the time of the officer's arrival was 19 degrees with a wind chill of 11, which can be detrimental to the pet's safety, according to Fox25.

    The officer repeatedly knocked on the door and bedroom window, as well as called the residence several times. Police could see what appeared that be a resident sleeping in the bedroom.

    The officer then decided to put the dog into his cruiser and take him to the nearest animal care office.

    7 tips to keep your pets safe during cold weather

    A few hours later, Yarmouth Police officers returned to the home, where a woman came to the door, stared at the officers and then shut the lights off and walked away. Officers repeated to knock and get the woman to come to the door, but she never did.

    Heather Abbey of Yarmouth has been charged with animal cruelty. The dog was returned to the owner, but Animal Control and Protection officers will continue to follow up and observe this case.

    Related: Take a look at this past week's Pet Project gallery.

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    Hillary Clinton to open campaign offices in Springfield, Holyoke on Saturday

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    With less than two weeks left before Massachusetts' primary, Hillary Clinton's Democratic presidential campaign announced Wednesday that it will open six new offices in the state -- three of which will be located in Western Massachusetts.

    SPRINGFIELD ‒ With less than two weeks left before Massachusetts' primary, Hillary Clinton's Democratic presidential campaign announced Wednesday that it will open six new offices in the state -- three of which will be located in Western Massachusetts.

    The new organizing offices, which will open in Springfield, Holyoke and Pittsfield, along with other cities on Saturday, will seek to engage volunteers and supporters in the lead-up to the state's March 1 primary election, according to the campaign.

    Following the 10 a.m. openings at the various locations, Clinton supporters will go door-to-door in nearby communities to promote the former secretary of state's White House bid. The campaign will also ask supporters to pledge to vote for her by signing "Commit to Vote" cards.

    The announcement of the offices, which will be located at: 20 Maple St. in Springfield, 295 High St. in Holyoke and 137 North St. in Pittsfield, comes just weeks after fellow Democratic presidential hopeful U.S. Sen. Bernie Sanders, I-Vt., opened a campaign field office in Springfield.

    The Vermont senator is expected to wage a competitive race against the former first lady in the Bay State -- particularly in Western Massachusetts.

    A Public Policy Polling survey released Wednesday gave Sanders a 49 to 42 percent lead over Clinton in the Massachusetts primary.

    In addition to the three Western Massachusetts organizing offices, Clinton's campaign will also set up shop in Boston, New Bedford and Worcester.

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