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Gov. Deval Patrick weighs budget plan for overhauling Massachusetts' system of legal defense for the poor

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Private lawyers for the poor are disappointed in the plan, saying it will drive up costs for the state.

BOSTON – State legislators have approved a plan to double the number of full-time staff public defenders to take over some of the work now done by private, state-contracted lawyers for the poor.

Under a plan in the state budget for the new fiscal year that started Friday, full-time public defenders on staff will handle about 25 percent of the cases involving people who are indigent and can't afford to hire their own lawyer, up from the current 10 percent.

The plan calls for hiring about 250 additional staff public defenders, plus an additional 50 to 75 support staff, according to a spokeswoman for Sen. Stephen M. Brewer, D-Barre, the chairman of the Senate Ways and Means Committee. The new public defenders and support staff would need to be hired by the end of the new fiscal year on June 30, according to the budget.

The plan needs to be approved by Gov. Deval L. Patrick in order to become law. The governor, who received the budget on Friday, has the option of approving items in the budget, sending items back with suggested amendments or vetoing them. The governor has 10 days from last Friday to act on the budget.

julia.jpgHolyoke lawyer Julia H. Durchanek discusses bar advocate pay during a public hearing at the Hampden County Hall of Justice in Springfield on Wednesday, October 23, 2002. Members of the Committee for Public Counsel Service, Helen Fremont, second from left, Robin Stolk, and Susan Dillard listen Durchanek during the hearing.

The plan for changing defense of the indigent, aimed at reducing costs, also reduces a yearly cap on billable hours for the private lawyers to 1,650 hours, down from the current 1,800 hours. The plan, approved by legislators on Friday along with the rest of the budget, also bars the private lawyers from accepting new cases after 1,350 hours, down from the current 1,400 hours.

Currently, the state contracts with about 3,000 private lawyers to provide almost all the legal work for the indigent. The private lawyers receive hourly pay that includes $50 an hour for District Court cases, $100 an hour for a murder case and $60 an hour for Superior Court.

The state also now has 230 staff public defenders on the payroll to handle some of the criminal cases.

Anthony C. Bonavita, a private lawyer for the poor in Springfield, said he was not pleased with the new plan. “I still don't see how the state will save money,” he said.

Julia H. Durchanek, a private lawyer for the poor in Holyoke, said she was disappointed in the plan. Durchanek said the plan is “a slippery slope” that lays the groundwork for the state to eventually hire even more public defenders to do more of the work now being done by private lawyers under contract with the state. “They are creating a situation where the state will have to spend more money,” said Durchanek.

angelo.jpgRep. Angelo Puppolo of Springfield

Bonavita, Durchanek and other private lawyers for the poor have said they believe it will cost the state more to hire additional full-time lawyers since the state will need to pay pensions, health care and overhead such as office space and utilities.

The budget cuts annual payments for the private lawyers to about $93 million, down about 20 percent from the $117 million approved in the original budget for the prior fiscal year. The Committee for Public Counsel Services, which oversees defense of the poor, saw its budget increased to $45 million, up about 36 percent.

Under the budget plan, current private lawyers for the poor would be given priority in getting hired as public defenders. The committee for public counsel services would need to report by Sept. 1 on progress for putting the new plan in place and whether there is enough money in the budget for hiring the additional public defenders.

Rep. Angelo J. Puppolo Jr., a Springfield Democrat and member of the House Ways and Means Committee, said changes were needed, but not the wholesale changes sought by Patrick. Puppolo said the new plan is reasonable for reducing costs.

“The system really wasn't broke,” Puppolo said. “It didn't need to completely change.”

Patrick had proposed abolishing the entire system of private lawyers on contract and replacing them with 1,000 additional new staff lawyers and 500 support workers.

Jay Gonzalez, secretary of the Executive Office for Administration and Finance, is currently reviewing the budget, a spokeswoman said on Tuesday. Gonzalez was unavailable for comment on Tuesday, but in an interview last month, he said the more conservative changes approved by legislators are "absolutely" a victory in some sense for the administration.

"It's moving in the right direction," said Gonzalez, the point man for Patrick on the issue. "We have to go in this direction."

The state House of Representatives earlier had approved a bill to have staff public defenders handle 20 percent of indigent defense, while the Senate had approved a separate bill that called for 30 percent. In the end, the two branches compromised at 25 percent.

The plan keeps the fee for an indigent person at $150. The plan also improves procedures for verifying that someone cannot afford to hire a lawyer.

The plan also calls for overhauling the committee for public counsel services, an agency under the judicial branch that is led by a 15-member board of directors, all appointed by the state Supreme Judicial Court. Under the plan, the high court would name 9 directors and two apiece would be appointed by the governor, the Senate president and the speaker of the state House of Representatives. Terms of current board members would expire in three months, but they would be eligible for reappointment under the new structure.


Col. Steven Vautrain of Massachusetts to take command of Westover Air Reserve Base in Chicopee

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Westover commander Robert R. Swain Jr. is being promoted to brigadier general and is being transferred to the Pentagon.

Steven VautrainThe new commander of the 439th Airlift Wing at Westover Air Force Reserve Base, Col. Steven D. Vautrain and his wife Katie enjoy the July Fourth festivities in Springfield's Riverfront Park.

CHICOPEE – Steven D. Vautrain, an Air Force colonel who has ties to Western Massachusetts, will take over as the commander of the 439th Airlift Wing at Westover Air Reserve Base in August.

He will replace wing commander Robert R. Swain Jr., who is being promoted from colonel to brigadier general and is being transferred to work with the Joint Chiefs of Staff at the Pentagon.

Vautrain, who is currently stationed at Scott Air Force Base in Illinois working in the U.S. Transportation Command, will take over as wing commander at Westover during an official ceremony Aug. 6.

Vautrain said he joined the Air Force 28 years ago, serving a dozen years on active duty and then transferring to the Air Force Reserves. He is a pilot and has flown a variety of planes, including the C-17 Globemaster, the C-130 Hercules and the T-37 Tweet.

But he has never flown the C-5 Galaxy jet that is used by the 439th Airlift Wing. “I’m going to training for that. I’m looking forward to it,” he said.

He has also served oversees, having been deployed to Afghanistan for six months and Iraq for four months. Vautrain said he has also flown multiple missions to the two countries.

swain.jpgView full sizeCol. Robert R. Swain Jr., commander at Westover Air Reserve Base.

“I’m from Massachusetts and my grandparents used to live in South Hadley. I got my first military ID from Westover,” Vautrain said.

Vautrain grew up in Winchester and his wife is from New Hampshire. A social worker who specializes in geriatrics and has worked with Alzheimer’s patients, Katie Vautrain said she plans to volunteer at the Holyoke Soldiers' Home soon after moving to Western Massachusetts.

The couple recently visited Western Massachusetts and attended the Springfield July Fourth fireworks with Swain and his wife Diane F. Swain.

Swain said he accomplished a lot at Westover and he and his wife enjoyed living in the area.

Officials at the base completed a long-term plan for Westover and many capital improvement projects were completed during his three years, including repaving runways and renovating hangars.

“We did all the work to take a 1940s base to meet today’s needs,” Swain said.

He said he also focused on changing the culture of the base to one of building teamwork and accountability.

Swain said when he first arrived he kept hearing complaints from different units about others. Then shortly after he took command, there was a bad car accident. His biggest concern was no one stopped immediately to help the driver.

“It is totally different now. People are holding themselves accountable,” he said.

Swain also talked about the contributions the base has made to the war in Iraq and the surge of force in Afghanistan about two years ago.

“We know we are fit to fight and ready to deploy,” he said.

Greater Springfield groups map out tornado recovery plan

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FEMA statistics show that 3,281 people have applied for tornado assistance, including 3,056 from Hampden County and 220 from Worcester County.

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SPRINGFIELD – Representatives from religious, charitable and government agencies across Greater Springfield came together Tuesday to make basic plans for the region’s long-term tornado recovery effort.

Arlene Magoon, the Federal Emergency Management Administration’s regional volunteer liaison, told participants in the long-range recovery campaign that they will be working together for the next 18 months.

“We need to keep going until the last person has what they need to move forward,” said Magoon, adding that most of the recovery will be completed within a year.

FEMA statistics show that 3,281 people have applied for assistance, including 3,056 from Hampden County and 220 from Worcester County. Since the June 1 tornadoes, the agency has assigned 150 workers to the area, and awarded $3.2 million in grants, Magoon said.

The meeting, held at the First Presbyterian Church on Allen Street, drew representative from a cross-section of organizations, from the Greater Springfield Council of Churches and Catholic Charities to the Red Cross, Habitat for Humanities and the state Department of Transitional Assistance.

In the month after the tornadoes, the outpouring of donations and volunteers has been remarkable, but the recovery effort keeps its focus on tornado-related needs, Magoon said.

“It’s important to avoid mission creep,” Magoon said, adding the rebuilding campaign must “honor the intent” of donors.

West Springfield tornado property damage assessed at $9.5 million

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Damage to municipal buildings in West Springfield was assessed at $100,000.

060811 west springfield tornado aerial.JPGDamage to buildings on Union Street in West Springfield is seen from above a week after the June 1 tornado.

WEST SPRINGFIELD – Mayor Edward J. Gibson has reported the damage to private property due to the June 1 tornado in his city has come to about $9.5 million. The city’s assessors came up with that figure on the destruction, which was mostly in the city’s Merrick neighborhood.

So far, the city has condemned 14 damaged buildings and is still evaluating another 11. About another 100 buildings were affected, but were deemed reparable.

As for damage to municipal buildings, Gibson said that comes out to about $100,000. A window was broken at Memorial School and the roof on a sewage pumping station on Route 5 was damaged as was the roof on the Agawam Avenue trash transfer station.

The tornado also damaged the fence at the city-owned Union Street Cemetery, where it also overturned and broke off some headstones.

Gibson said Federal Emergency Management Administration representatives are still working with the Historical Commission to tally the damage there.

Gibson encouraged anyone who has not yet registered with FEMA to get assistance relative to the tornado do so.

Wilfredo Quinones Dae, who manages FEMA’s disaster recovery center on the third floor of West Springfield’s municipal building, estimated that it has helped about 500 people register for benefits so far. He said 17 people sought help Friday and by 2:30 p.m. Tuesday his office had worked with 13 more people.

Pilot and passenger escape serious injuries in Egremont plane crash

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The pilot, a 55-year-old man from Canaan, Conn., and the passenger, a 38-year-old man from Plainville, were being treated for minor injuries.

EGREMONT – A pilot and his lone passenger escaped serious injury Tuesday when their 1946 Piper aircraft lost power and crashed just north of the runway at Great Barrington Airport, state police said.

The pilot, a 55-year-old man from Canaan, Conn., and the passenger, a 38-year-old man from Plainville, were being treated for minor injuries at Fairview Hospital in Great Barrington, said State Police Sgt. Michael Popovics .

Their names were not being released, he said.

Popovics said the plane lost power and the pilot was trying to make it to the airport for an emergency landing when it apparently came up short at about 6 p.m.

The plane apparently clipped the top of some trees and crashed into a yard, he said.

The accident is being investigated by the state police and the Massachusetts Aeronautics Division of the Department of Transportation.

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Developing: Springfield firefighters battling fire in vacant house on Marble Street

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The fire in the vacant house was reported at 8:41 p.m.

AE Fire Marble 5.jpgTwo firemen peer into the attic at 97 Marble St. as smoke pores out the attic window.

SPRINGFIELD - City firefighters are on the scene of a house fire in a vacant property at 65 Marble St. in the city's South End.

Marble Street was blocked off at the corner of Dwight Street Extension by fire trucks. No flames were visible, but a thick, black smoke could be seen rising out of the attic.

The two-story woodframe was was vacant and had all of the windows on the lower floors boarded up. There appeared to be no injuries.

The Fire Department was called to the scene at 8:41 p.m.

Springfield Fire Department spokesman Dennis Leger said the fire apparently started in an enclosed second-floor porch in the rear of the building.

He said the damage appeared to be significant.

Because the house was vacant and boarded, Leger said the fire would appear to be suspicious, although the Springfield Arson and Bomb Unit has not yet made a determination of how it started.

More information will be posted as it becomes available.

Massachusetts Democrats begin stockpiling cash to challenge Scott Brown in 2012 Senate election

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Brown's Democratic challengers still have a way to go to catch up with his campaign war chest of more than $8 million.

060411 2012 massachusetts senate democrats candidates.JPGView full sizeSenatorial hopefuls, from left: Herb Robinson, of Newton; Newton Mayor Setti Warren; State Rep. Tom Conroy of Wayland; Bob Massie of Somerville; Marisa DeFranco of Salem; and City Year co-founder Alan Khazei gather for photographers during the state Democratic Convention in June at the Tsongas Arena in Lowell. The state convention included addresses by the six hopefuls seeking the U.S. Senate seat currently held by Scott Brown. (AP Photo/Josh Reynolds)

BOSTON — Democratic Senate hopeful Alan Khazei has raised more than $920,000 in the past three months as Democratic challengers to Republican US Sen. Scott Brown begin stockpiling money for next year's campaign.

Newton Mayor Setti Warren, who is also challenging Brown, raised more than $122,400 during the same three-month period ending June 30. Bob Massie raised more than $82,800, while Salem-based immigration lawyer Marisa DeFranco raised about $6,000.

Wayland state Rep. Tom Conroy raised almost $61,000 since officially declaring as a candidate on June 2nd.

Newton resident Herb Robinson is also running for the Democratic nomination. He said he entered the race later and has not begun raising funds in earnest. Still, he spent $3,000 of his own money in the quarter, he said.

A Brown spokesman said his campaign did not yet have his fundraising total for the second quarter.

Brown's Democratic challengers still have a way to go to catch up with his campaign war chest of more than $8 million, much of it left over from last year's special election.

Khazei, who ran unsuccessfully for the Democratic nomination in the special election to fill the seat left vacant by the death of longtime Democratic Sen. Edward Kennedy, said he raised the nearly $1 million in campaign cash without taking any contributions from political action committee or lobbyists representing corporations.

Khazei said more than half of the contributions came in donations of $200 or less.

A spokesman for Warren said his fundraising for the second quarter was a strong start for a candidate making his first run for statewide office, particularly since it represented about seven weeks of fundraising after Warren first announced he was a candidate.

Massie said his campaign has received contributions from 480 donors averaging about $393 per contribution.

Suspicious fire causes $30,000 damage to vacant house in Springfield's South End.

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The fire is considered suspicious because the building was vacant and boarded up.

AE Fire Marble 5.jpgTwo firemen peer into the attic at 97 Marble St. as smoke pores out the attic window.

SPRINGFIELD - A fire in an enclosed rear porch at 97 Marble St in the city's South End cause $30,000 damage, fire officials said.

The two-story woodframe was was vacant and had all of the windows on the lower floors boarded up. there were no injuries.

The Fire Department was called to the scene at 8:41 p.m.

Springfield Fire Department spokesman Dennis Leger said the fire apparently started in an enclosed second-floor porch in the rear of the building.

Because the house was vacant and boarded, Leger said the fire would appear to be suspicious.

The fire is suspicious and under investigation by the Springfield Arson and Bomb Squad.


Chicopee City Council reconsiders some budget cuts, lets others stand

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The City Council again rejected a request to restore positions in the mayor's office.

1998 chicopee city hall.jpgChicopee City Hall.

CHICOPEE – The City Council again rejected a request to restore positions in the mayor’s office, but may reconsider previous votes to eliminate a position of grant writer and to cut the city solicitor’s salary to part-time.

It also refused to reconsider votes that cut $8,000 for a property custodian, $2,000 for travel for the mayor and $15,000 to pay for consulting services Tuesday night.

Before the Council passed the $158 million fiscal year 2012 budget on June 21, it made a number of cuts, including eliminating the jobs of two of the mayor’s staff.

That meeting turned hostile, with Mayor Michael D. Bissonnette and some councilors yelling at each other.

The City Council has twicerejected Bissonnette's petitions asking the Council to reverse the votes that eliminated the $47,299 salary for his chief of staff, the $28,114 salary for his administrative assistant and a new grant writer job for $45,641.

The first time the City Council rejected the reconsiderations in 7-6 votes. Tuesday it continued to reject proposals to restore the chief of staff and administrative assistant jobs in 6-6 votes. One member was on vacation.

“I voted in budget time to defeat this and I stand by it,” Councilor Frank N. Laflamme said.

The council did agree to discuss creating the grant writer job and expanding the city solicitor job in committee.

Councilor Charles M. Swider said a grant writer can earn far more money by winning grants that the city would spend on the salary.

“You are killing something that can possibly make hundreds of thousands of dollars,” Swider said.

Councilor Ronald R. Belair said he said he would consider adding the position if he sees a job description and other details about the position.

Councilor Frederick Krampits disagreed, saying he believes the work could done by existing staff. He cast the lone no vote in the 11-1 decision to review the issue.

“I still believe we can do some training in-house. Rather than hiring a person, I think we should try workshops and see how it goes,” he said.

The council also agreed to debate hiring a full-time city solicitor to run the law department. In the past the department was handled by a part-time lawyer who served as department head and a full-time assistant solicitor. Several other lawyers work part-time in the office.

Bissonnette has argued the city is too large for a part-time city solicitor. The City Council last year rejected the proposal to increase the salary from about $47,000 to a full-time one of $75,000. By adding new duties and $28,000 salary of a property custodian to the position, Bissonnette was able to hire solicitor Karen T. Betournay full-time.

In the original cuts, the council decided to return the salary to $47,000. On Tuesday, it referred the issue to the finance committee in a 12-0 vote and asked Betournay to attend a meeting to discuss her work.

Fire at Springfield warehouse blamed on overheated peanut-roasting machine

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The fire filled the building, which runs several hundred yards along Avocado Street, with smoke, and a thick, aromatic cloud drifted across both lanes of nearby I-91.

hampton farms fireA plumb of smoke rises about the warehouse on Avocado Street. The fire started in a peanut roasting machine.

SPRINGFIELD - A fire that started in a giant peanut roasting machine filled an Avocado Street warehouse with smoke Tuesday and causing an unknown amount of damage to the building and inventory.

The fire was reported at 10:04 p.m., at Hampton Farms, one of several businesses located in the long warehouse building at 105 Avocado St.

Hampton Farms dry roasts and packages peanuts for retail sales.

The fire filled the building, which runs several hundred yards along Avocado Street, with smoke, and a thick, aromatic cloud drifted across both lanes of nearby I-91.

No one was injured in the fire. Employees who were on duty were able to get outside safely, said Fire Department spokesman Dennis Leger.

hampton famrs fire 2.jpgSpringfield firefighters set up a fan to ventilate some of the smoke from the Hampton Farms warehouse following Tuesday's fire

The fire was knocked down pretty quickly, but Leger said it would take a while to ventilate all the smoke out of the one-story warehouse. Firefighters were likely to be on scene for hours, he said.

“I’m seeing smoke running the length of the building. Smoke damage could be considerable,” Leger said.

The fire was reported a little more than an hour after firefighters put out a blaze in a vacant building at 97 Marble St.

Avocado Street is located between the Connecticut River and Interstate 91 in the city's Brightwood neighborhood.


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Casey Anthony trial: Did she get off for lack of evidence, or was it good defense?

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Prosecutors proved Casey Anthony was a liar, but convinced the jury of little else.

070511 casey anthony.JPGView full sizeIn this image made from video, Casey Anthony smiles as she returns to the defense table after being acquitted of murder charges at the Orange County Courthouse in Orlando, Fla., Tuesday, July 5, 2011. She had been charged with killing her daughter Caylee. (AP Photo/Pool)

By KYLE HIGHTOWER
and TAMARA LUSH

ORLANDO, Fla. — Prosecutors proved Casey Anthony was a liar, but convinced the jury of little else. The government failed to establish how 2-year-old Caylee Anthony died and they couldn't find her mother's DNA on the duct tape they said was used to suffocate her. There was conflicting testimony on whether the putrid smell inside the family's car was a decomposing body or simply trash, and it was never quite clear why chloroform was so important.

The lack of evidence and the doubt raised by the defense — that Caylee accidentally drowned in the family's pool — was enough to win an acquittal. After a trial of a month and a half, the jury took less than 11 hours to find Anthony not guilty of first-degree murder, aggravated manslaughter and aggravated child abuse.

She was convicted only of four misdemeanor counts of lying to investigators who were looking into the June 2008 disappearance of Caylee. She lied about being employed at Universal Studios. She lied about leaving Caylee with a baby-sitter, then again when she recounted to investigators that she had told two imaginary people that Caylee was missing. She also lied about receiving a phone call from Caylee the day before she was reported missing.

Lead defense attorney Jose Baez was criticized by many legal pundits for his strategy and loosely throwing around allegations of molestation and incest. Baez suggested early on that Casey's father, George Anthony, helped cover up the drowning and sexually abused his daughter, accusations the father vehemently denied. Baez also claimed Casey's brother might be Caylee's father and that a meter reader who discovered the girl's remains may have moved them, more allegations that weren't substantiated.

Ultimately, though, the burden of proof wasn't on Baez.

"I don't think it was Baez' great lawyering that won the case," said Richard Rosenbaum, a Fort Lauderdale criminal defense attorney who closely followed the trial but wasn't involved in the case. "I think it goes back to the prosecution and the weaknesses in their case."

Kendall Coffey, a former U.S. attorney for Miami and now a defense attorney, said Baez had to offer an alternative to the prosecution's theory of how Caylee was killed, though he was less impressed with the molestation accusations.

"The biggest questions were the 'how' and the 'why,'" Coffey said. "Even the state acknowledged they weren't exactly sure of how Caylee was killed. That was a candid acknowledgement, but Baez seized on that."

Orlando's chief prosecutor said his attorneys were disappointed with the verdict but they presented every piece of evidence that existed.

"This is a dry-bones case. Very, very difficult to prove," said Orange County State Attorney Lawson Lamar. "The delay in recovering little Caylee's remains worked to our considerable disadvantage."

Shortly after Lamar's news conference, one of the lead prosecutors on the case, Jeff Ashton, announced he would retire at the end of the week following 30 years as a prosecutor. A spokeswoman for the prosecutor's office said Ashton and Lamar had previously discussed his retirement.

The six-month gap between when Casey was reported missing and when her remains were found in December 2008 affected the amount of scientific evidence investigators could glean from the pieces of bones, some as small as a pebble. And prosecutors didn't have any evidence that put Casey at the scene where the remains were found.

There was also confusion on why chloroform was so important. Chloroform is a chemical compound that can be used to knock someone unconscious and also is found in human decomposition, but prosecutors never made clear exactly what its role it played in Caylee's death.

Prosecutors said Casey searched for the term "chloroform" on the family's computer, though when her mother, Cindy, took the stand late in the trial, she said she searched for it. Later, job records indicated that Cindy might have been at work when the searches were made.

Then there was the smell test. After prosecutors presented an expert witness who said that a carpet stain taken from the family's car trunk had a smell consistent with a decomposing body, the defense called the expert's former colleague who testified to the opposite.

Baez addressed his naysayers during a press conference.

"This case has brought on new challenges for all of us. Challenges in the criminal justice system, challenges in the media, and I think we should all take this as an opportunity to learn and to realize that you cannot convict someone until they have had their day in court," he said.

Yale Galanter, who has represented O.J. Simpson in a number of cases since 2000, said he was not surprised by the verdict.

"The issue is there was absolutely no evidence linking her to the death. None," said the Miami lawyer. "So what the defense did was brilliant, they brought up the drowning, they brought up the sexual molestation, and it really got the jury to focus away from the bad behavior of the mom."

Lush reported from St. Petersburg. Associated Press writers Laura Wides-Munoz and Kelli Kennedy in Miami contributed to this report.

Space shuttle program to end 30-year run with Atlantis launch

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The final space shuttle flight is slated to launch on Friday.

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By PATRICK ROWAN

It’s a big deal no matter how you slice it. If Atlantis takes off as scheduled on Friday, it will be the final flight of NASA’s 30-year old Space Transportation System.

When the well-seasoned craft touches down at 220 m.p.h. some 12 days later, a significant era in the history of space exploration will come to an end.

Were it not for that, this column would be about Neptune completing its first orbit of the sun since its discovery in 1846, and NASA’s plan to ease the Dawn probe into orbit around 300 mile-wide Vesta – the second largest asteroid – later this month.

But the Atlantis flight is just too important, and on too many levels.

Designated STS-135 – this is the 135th shuttle flight since Columbia first took off for space on April 12, 1981. It is sure to receive much media attention, and deservedly so.

The shuttle program has dominated human space flight for most of the space age, which is now more than half a century old. It has carried well over 800 passengers to orbit. Retrospectives and speculation about what the demise of the shuttle program means for the future of human space flight will surely follow.

What will ultimately happen is unclear, but in the near term, NASA will be buying seats on Russia's Soyuz spacecraft to get astronauts to the International Space Station, and contracting private U.S. companies to deliver cargo to the ISS. It won’t be easy, but neither was flying the shuttle – the most complex craft ever built.

My late father fostered in me a keen interest in astronomy and space exploration, so I began paying attention to this stuff at an early age. Perusing his issues of Aviation Week & Space Technology magazine near the end of the “space race” of the late 1960s and early 1970s, I learned of NASA’s plans to build a reusable “space plane” for carrying humans, satellites, and other cargo into orbit.

Less than a decade later, I was working for the Springfield Science Museum at their wonderful planetarium. I recall describing to a reporter how the shuttle would be the first “space truck”, and also the first manned craft to lift off like a rocket, but land like a plane. It all felt so futuristic.

A full-scale shuttle that was never intended for space travel had already flown five atmospheric tests (gliding and landing) in 1977, this after “Star Trek” enthusiasts famously and successfully campaigned to get that first ship named Enterprise in honor of the television series’ fictitious starship.

But then came the real deal – Columbia. Painted virgin white for its maiden voyage, it jumped up off the launch pad at Kennedy Space Center, quickly rolled over to the east, and shot off into orbit like a high-performance sports car. Seeing this on TV was a revelation, and stood in stark contrast to the lumbering lift-offs of the towering Apollo-era Saturn V rockets.

There had been no practice runs. This was the first time the shuttle flew, and it was with a crew of two. The brave pilots were John Young and Robert Crippen. They sat in ejection seats (removed after the first few shuttle flights) identical to those found on the legendary Lockheed SR-71 "Blackbird" reconnaissance aircraft. This was truly new and exciting.

There’s not much I wouldn’t give to be in Florida for lift-off on Friday, but I cannot complain.

In July 1985 I got to see Challenger up close and personal – right from the base of the launch pad – just two days before its scheduled launch. On launch day, I was at a VIP viewing area a mere three miles from the pad... the closest allowed. There, I came across space enthusiast John Denver, and merrily recorded the occasion with my Pentax K-1000.

Sunlight glinted off the cockpit windows as everyone waited under clear blue skies. Conditions were perfect. To my dismay, at about T-minus two minutes, I discovered my camera was out of film! While fumbling to rewind the exposed roll of Ektachome 200 film and thread a new one, a great white plume rose silently from the pad… and then stopped.

A dozen seconds passed before the thunderous roar rattled eardrums… then that too abruptly halted. There was a collective moan. My first reaction, and that of others around me, was of disappointment, although it soon dawned on some of us how dangerous a situation the astronauts could be in, and we looked on in trepidation.

The main engines had fired up, but at T-minus 3 seconds – just before the solid rocket boosters were to be lit (the point of “no return” in a lift-off sequence) – everything just shut down. A malfunction in one of the three main engines caused the automatic shutdown of the rest, aborting the take-off.

I was back home in Western Massachusetts when Challenger finally lifted off about two weeks later. Less than six minutes into that flight, the center main engine shut down. Two minutes later, the crew over-road a potentially fatal automatic shutdown of a second main engine, and managed to enter a lower than planned orbit.

Challenger flew again in October of that year, but on its next flight the Challenger broke apart 73 seconds into its flight killing all seven crew members, including schoolteacher Christa McAuliffe. That was on Jan. 28, 1986.

Tragedy struck again on Jan. 16, 2003, when Columbia disintegrated on entry over the southern United States killing all seven on board. This prompted the Bush administration to call for an end to shuttle flights and direct NASA to plan a new heavy launch vehicle capable of returning humans to the moon and beyond. The resulting Constellation program was canceled by the Obama aAdministration, and debate rages over the future role of the U.S. in space.

If Atlantis is visible over our part of the world during this final mission, it will be our last chance to directly witness the shuttle in action.

I feel fortunate to have caught some amazing views over the years, including one from the roof of my Pioneer Valley home one dusk about 20 years ago. Following an unusual dusk trajectory up the East Coast, the Shuttle appeared minutes after launch as a point of light to the east rapidly moving north. To my astonishment, binoculars revealed the fan-shaped exhaust plume from the main engines still propelling the shuttle to orbit!

More recently, while watching a pass in dark skies from my front yard, I noticed a cloud trailing the usual point of light. Rubbing my eyes, I looked again… but it was still there, moving right along with the shuttle. Was this debris of some kind? Was I witnessing something bad?

Rushing inside to check the web, I found the explanation amusing: It was a dump of human waste… illuminated by sunlight just like the shuttle itself.

Another time, my wife, Clara, and I awaited an early evening double pass of the shuttle and the now-prominent International Space Station. When some neighbors pulled into their driveways, I told them about the anticipated pass and they ended up joining us for what turned out to be an unusually spectacular sight.

The dusk sky was a stunning deep transparent blue when the space station appeared in the west right on cue. About 20 degrees behind it was the shuttle which had undocked just a few hours earlier. These crisp, bright points of light were two occupied spacecraft in tandem orbit 200 miles above our heads, and it was breathtaking.

We all shifted from one yard to another to keep them in view until they disappeared behind trees four minutes later. When it was over, our neighbors thanked us for the experience, remarking on how beautiful it was.

It is easy to find out when and where to look. There are numerous internet calculators, but my favorite is at spaceflight.nasa.gov/realdata/sightings

As of this writing, it is not clear if or when sightings are possible for greater Springfield, but if the opportunity arises, don’t miss it. It’s your last chance. Be sure to alert those around you as well. I for one, hope I haven’t seen my last pass. 

Find rise and set times for the sun and moon, and follow ever-changing celestial highlights in the Skywatch section of the Weather Almanac in The Republican and Sunday Republican.

Outdoor restaurant dining in Agawam proposed by City Councilor George Bitzas

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Bitzas says allowing restaurants to offer outdoor dining would stimulate the local economy and be a "win-win" situation.

AGAWAM – City Councilor George Bitzas has proposed an ordinance that would allow local restaurants to offer outdoor dining, an issue that will come up at an Aug. 1 public hearing by the council.

Bitzas said Tuesday restaurant owners in the city have asked him to get approval for outdoor dining, something that he said is very common in his native Greece as well as in some nearby communities like Hartford and Springfield.

“People like to eat outdoors in the summer,” Bitzas said. “It is very attractive to people.”

Allowing outdoor dining would stimulate the local economy and be a “win-win” situation for everyone, Bitzas said.

120709 george bitzas.jpgGeorge Bitzas

Bitzas had hoped the council would be able to put the proposed ordinance to a vote after a public hearing during its meeting Tuesday. However, City Council President Donald Rheault ruled that the council could not have a public hearing or take a vote because the Planning Board had not yet been able to hold its public hearing on the issue.

Bitzas said the Planning Board could not hold its public meeting during a session set for last week because it failed to muster a quorum.

“Better late than never,” Bitzas said of the situation following Tuesday’s meeting.

The proposed ordinance has already won the unanimous endorsement of the City Council’s zoning and ordinance committees.

Bitzas said the proposal was drafted with input from various factions, including the Health Department, the Police Department and the mayor’s office.

Among the provisions of the proposed ordinance are:

• Outdoor dining areas will be allowed subject to a building permit by the building inspector.

• Alcohol may be served outdoors provided licenses are obtained from the Liquor Commission, the Building Department and the Board of Health.

• Hours of operation of the outdoor dining area may be equal to or less than the hours of operation of the main restaurant.

• Dining areas that abut residential areas and zones must end outdoor dining and seating by 11 p.m.

James Moriarty leaves as CEO of Ludlow Boys & Girls Club

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Dan D'Angelo, director of operations for the Ludlow Boys & Girls Club, has succeeded Moriarty.

2004 james moriarty ludlowJames Moriarty

LUDLOW – James G. Moriarty, longtime president and chief executive officer of the Ludlow Boys & Girls Club, has informed the Board of Selectmen that he has left the position.

Moriarty has held the position for 21 years. He has been succeeded by Dan D'Angelo, who has been director of operations for the club and who for years has run many of the recreational programs at the club.

Selectman William E. Rooney said he worked with Moriarty for many years. “I wish him the best in his future plans,” Rooney said.

He said Moriarty has always been “a dedicated advocate for the children of Ludlow.”

Moriarty could not be reached for comment Tuesday.

Moriarty oversaw the move of the Boys & Girls Club from its old home in the Stevens Memorial Building on Chestnut Street, originally built by the Ludlow Manufacturing Co., which owned the Ludlow Mills, to its new building at Claudia's Way.

The new building is owned by the town, and the Boys & Girls Club leases it, Rooney said.

The Boys & Girls Club has been active in Ludlow since 1950. D’Angelo has said the mission of the club is to be a positive place, not just for kids, but for families.

Rooney said many parents have long relied on the Boys & Girls Club, which provides before- and after-school care and recreation programs during the summer months and school vacation weeks for children.

“The Boys & Girls Club serves a great need in the community,” Rooney said.

Rooney said Moriarty’s last day at the Boys & Girls Club was last Thursday.

2 hurt when plane crashes in Egremont

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The single-engine plane took off from the privately owned Walter J. Koladza Airport in Great Barrington at about 5:30 p.m. on Tuesday.

EGREMONT, Mass. (AP) — A pilot and his passenger suffered minor injuries when their plane crashed near a home in rural western Massachusetts.

State police say the single-engine plane took off from the privately owned Walter J. Koladza Airport in Great Barrington at about 5:30 p.m. on Tuesday.

Police say the plane experienced engine trouble as it took off and the pilot tried to make an emergency landing, but ended up clipping several trees before setting down in the back yard of an Egremont home.

The 56-year-old pilot from Canaan, Conn. and his 39-year-old passenger from Plainville were treated for minor injuries at Fairview Hospital in Great Barrington. No one on the ground was hurt.

Their names were not released.

State and federal aviation authorities are investigating.


Arraignment for Whitey Bulger on 19 murder counts

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Bulger will be formally responding to criminal charges for the first time in nearly two decades.

Gallery preview

BOSTON (AP) — Former reputed mob boss James "Whitey" Bulger, who escaped prosecution for 16 years until he was captured last month in California, is set to return to federal court in Boston to enter a plea on 19 murder charges.

Bulger is to be arraigned before U.S. Magistrate Judge Marianne Bowler, formally responding to criminal charges for the first time in nearly two decades.

Prosecutors allege that the 81-year-old former head of Boston's notorious Winter Hill Gang was involved in the killings to eliminate rivals, silence potential witnesses and divert investigators' attention from other slayings.

Bulger was caught in Santa Monica, Calif., on June 22.

He was an FBI informant who provided information on his gang's main rivals and fled after an agent leaked to him word of an impending indictment.

Police arrest William Murray, 29, suspect in vehicle chase that started in Holyoke, swung through Easthampton and ended in Northampton

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The suspect faces charges from Easthampton and Northampton police.

030911 Northampton Police Patch03.09.11 | Photo by Julian Feller-Cohen – The Northampton Police Department's patch.

NORTHAMPTON - A 29-year-old Waltham man, suspected of leading police on a vehicle chase one night last week that started in Holyoke, swung through Easthampton and ended in Northampton, turned himself into police here Tuesday.

The chase, which started shortly before midnight on June 27, ended on Gothic Street when the driver jumped from his moving pickup truck and fled on foot.

Police said the incident began when Holyoke Police spotted a suspicious pickup on Route 141 and gave chase.

The driver fled into Easthampton for a time, returned to Holyoke, again by Route 141 and then got onto Route 5, heading towards Northampton.

Capt. Scott A. Savino said that Northampton police, notified of the pickup fleeing towards their city, with their counterparts from Holyoke and Easthampton in pursuit, cleared the intersection at Main and Pleasant.

The pickup continued straight on King Street, took a left onto Trumbull Road and another left onto Gothic Street where the driver ditched the pickup and was last seen heading towards King Street on foot. The driverless pickup continued down slowly down Gothic Street and collided with a Northampton cruiser, causing minor damage, Savino said.

William R. Murray, of 102 Marlborough Road, Waltham, the owner of the pickup, was arrested on two warrants pertaining to the chase issued out of District Court, Savino said.

Murray was charged by Easthampton police with assault by means of a dangerous weapon (his pickup), failure to stop for police, reckless operation of a motor vehicle, five counts of failure to stop for a stop sign, speeding and marked lanes violation, police documents state.

Savino said Northampton police charged Murray with possession of cocaine (which they found in the pickup), leaving the scene of a property damage accident, failure to stop for police, negligent operation of a motor vehicle and speeding.

Murray turned himself into police inside the lobby of the police station on Center Street, Savino said.

Belchertown selectmen approve formation of auxiliary police unit

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Police Chief Francis Fox can form an auxiliary unit, which is intended to help with police coverage at large events and with recruitment and evaluation.

BELCHERTOWN – The Board of Selectmen has approved the formation of an auxiliary police force requested by Chief Francis R. Fox Jr. as a way to augment the Police Department and evaluate potential future officers.

“This will be really helpful to have some people who could be called upon in emergency situations and when there is a large event in town,” said Selectmen’s Chairman Kenneth E. Elstein.

“It is a very good program,” Elstein said.

Fox has said that he would like to have auxiliary police working at large events wearing uniforms that would be different from the full-time Belchertown police officers’ uniforms.

The chief said the auxiliary force members would carry out the duties of police officers but would not have the same authority or responsibilities.

People serving as auxiliary police on a volunteer basis would not be paid for their time.

The selectmen have been encouraging Fox to develop his plans for auxiliary police since he presented his basic proposal in February.

At that time, Fox said that if auxiliary police were able to work at large scale disaster or emergency situations, they could take care of basic police chores and leave the full-time officers more time to take care of emergencies.

Elstein said having an auxiliary police force will be beneficial in several ways. He said it would provide extra police coverage for large events and emergency situations, give the police chief and the selectmen opportunities to evaluate potential new police officers and provide an opportunity for residents interested in police work to obtain some training and also to have the experience of what working at the job is like.

After discussing the legalities of forming an auxiliary police force the selectmen have concluded that their vote, authorizing Fox to move ahead with the plans, meets the town requirement and there is no need to bring the question to the Town Meeting.

Selectmen have also said that forming this unit would not require a large financial commitment from the town.

There are several cities and towns in Massachusetts with auxiliary police units.

Fox said he has been developing plans for starting a unit in Belchertown for well over a year.

Casey Anthony could go free after 3 years in jail

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Anthony waits to learn if she could spend her first night out of jail in almost three years since she was first accused in the case.

070611caseyanthony.jpgIn this image made from video, Casey Anthony smiles as she returns to the defense table after being acquitted of murder charges at the Orange County Courthouse in Orlando, Fla., Tuesday, July 5, 2011. She had been charged with killing her daughter Caylee.

ORLANDO, Fla. — A case that involved years of forensic investigation, weeks of often highly technical testimony and untold hours of media analysis turned out to be a quick decision for the jurors weighing whether Casey Anthony killed her toddler daughter.

Early in their second day of deliberations, the 12 men and women concluded the 25-year-old lied to investigators but wasn't guilty in her child's death.

Now Anthony waits to learn if she could spend her first night out of jail in almost three years since she was first accused in the case. She was only convicted of four misdemeanor counts of lying to investigators Tuesday, and it's possible that Judge Belvin Perry could sentence her to time already served for those crimes. The four counts of lying to sheriff's deputies each carry a maximum sentence of one year.

Anthony has been in jail since her October 2008 arrest on first-degree murder charges. She avoided a possible death sentence thanks to her acquittal on the murder count. The case began in July 2008 when Caylee Anthony was reported missing.

"I'm very happy for Casey, ecstatic for her and I want her to be able to grieve and grow and somehow get her life back together," defense attorney Jose Baez said Tuesday. "I think this case is a perfect example of why the death penalty does not work ... Murder is not right, no matter who does it."

The trial became a national sensation on cable TV, with its CSI-style testimony about duct-tape marks on the child's face and the smell of death inside a car trunk.

After a month and a half of testimony, the jury took less than 11 hours to find Anthony not guilty of first-degree murder, aggravated manslaughter and aggravated child abuse.

Tears welled in Anthony's eyes, her face reddened, her lips trembled, and she began breathing heavily as she listened to the verdict.

Anthony's parents, George and Cindy Anthony, left court quickly after the verdict without hugging or saying anything to their daughter. Their attorney, Mark Lippman, told ABC's "Good Morning America" on Wednesday that they hadn't spoken with their daughter since the verdict. Lippman wouldn't answer whether the Anthonys believe their daughter killed Caylee.

Jurors declined to talk to reporters after their decision, but an alternate juror told NBC's "Today" show Wednesday he thought they came to the right verdict. Russell Huekler told the network he didn't think the prosecution presented enough evidence to sustain a murder charge.

"When they explained to us what reasonable doubt was, I definitely had reasonable doubt then," Huekler said.

Huekler also said he didn't think prosecutors provided a motive for why Anthony would kill her daughter.

"Just because Casey was a party girl did not show why she would possibly kill Caylee," he said.

Also on NBC, prosecutor Jeff Ashton said the verdict left him and other prosecutors in shock.

"I think I mouthed the word 'wow' about five times," he said.

Many in the crowd of about 500 people outside the courthouse Tuesday reacted with anger after the verdict was read, chanting, "Justice for Caylee!" One man yelled, "Baby killer!"

Given the relative speed with which the jury came back with a verdict, many court-watchers were expecting Anthony to be convicted in the killing, and they were stunned by the outcome.

Sentencing was set for Thursday. Anthony could get up to a year behind bars on each count of lying to investigators. But since she has been in jail for nearly three years already, she could walk free.

Prosecutors contended that Anthony — a single mother living with her parents — suffocated Caylee with duct tape because she wanted to be free to hit the nightclubs and spend time with her boyfriend.

Defense attorneys argued that the little girl accidentally drowned in the family swimming pool and that Anthony panicked and hid the body because of the traumatic effects of being sexually abused by her father.

The case played out on national television almost from the moment Caylee was reported missing three years ago. CNN's hard-nosed Nancy Grace dissected the case at every turn with the zeal of the prosecutor she once was, arguing that Anthony was responsible for her daughter's death. The TV host turned the term "tot mom" into shorthand for Anthony.

Anthony's attorney Cheney Mason blasted the media after the verdict.

"Well, I hope that this is a lesson to those of you having indulged in media assassination for three years, bias, prejudice and incompetent talking heads saying what would be and how to be," Mason said.

"I'm disgusted by some of the lawyers that have done this, and I can tell you that my colleagues from coast to coast and border to border have condemned this whole process of lawyers getting on television and talking about cases that they don't know a damn thing about."

The jurors — seven women and five men — would not talk to the media, and their identities were kept secret by the court.

State's Attorney Lawson Lamar said: "We're disappointed in the verdict today because we know the facts and we've put in absolutely every piece of evidence that existed." The prosecutor lamented the lack of hard evidence, saying, "This is a dry-bones case. Very, very difficult to prove. The delay in recovering little Caylee's remains worked to our considerable disadvantage."

Caylee's disappearance went unreported by her own mother for a month. The child's decomposed body was eventually found in the woods near her grandparents' home six months after she was last seen. A medical examiner was never able to establish how she died.

The case became a macabre tourist attraction in Orlando. People camped outside for seats in the courtroom, and scuffles broke out among those desperate to watch the drama unfold.

Because the case got so much media attention in Orlando, jurors were brought in from the Tampa Bay area and sequestered for the entire trial, during which they listened to more than 33 days of testimony and looked at 400 pieces of evidence. Anthony did not take the stand.

"While we're happy for Casey, there are no winners in this case," Baez said after the verdict. "Caylee has passed on far, far too soon and what my driving force has been for the last three years has been always to make sure that there has been justice for Caylee and Casey because Casey did not murder Caylee. It's that simple. And today our system of justice has not dishonored her memory by a false conviction."

In closing arguments, prosecutor Linda Drane Burdick showed the jury two side-by-side images. One showed Anthony smiling and partying in a nightclub during the first month Caylee was missing. The other was the tattoo Anthony she got a day before law enforcement learned of the child's disappearance: the Italian words for "beautiful life."

"At the end of this case, all you have to ask yourself is whose life was better without Caylee?" Burdick asked. "This is your answer."

Prosecutors also focused heavily on an odor in the trunk of Anthony's car, which forensics experts said was consistent with the smell of human decay.

But the defense argued that the air analysis could not be duplicated, that no one could prove a stain found in the trunk was caused by Caylee's remains, and that maggots in the compartment had come from a bag of trash.

Prosecutors hammered away at the lies Anthony told when the child was missing: She told her parents that she couldn't produce Caylee because the girl was with a nanny named Zanny — a woman who doesn't exist; that she and her daughter were spending time with a rich boyfriend who doesn't exist; and that Zanny had been hospitalized after an out-of-town traffic crash and that they were spending time with her.

Baez said during closing arguments that the prosecutors' case was so weak they tried to portray Anthony as "a lying, no-good slut" and that their forensic evidence was based on a "fantasy." He said Caylee's death was "an accident that snowballed out of control."

He contended that the toddler drowned and when Anthony panicked, her father, a former police officer, decided to make the death look like a murder by putting duct tape on the girl's mouth and dumping the body in the woods a quarter-mile away. Anthony's father denied both the cover-up and abuse claims.

The verdict could divide people for many years to come, just as the O.J. Simpson case in the mid-1990s did, with some believing Anthony got away with murder.

Ti McLeod, who lives near the Anthony family, said, "The justice system has failed Caylee." Jodie Ickes, who lives a mile away and goes to the same hairdresser Anthony uses, said she is against the death penalty and was glad that Casey wasn't facing execution. "I'm comfortable with the outcome," she concluded.

Among the trial spectators was 51-year-old Robin Wilkie, who said she has spent $3,000 on hotels and food since arriving June 10 from Lake Minnetonka, Minn. She tallied more than 100 hours standing in line to wait for tickets and got into the courtroom 15 times to see Anthony.

"True crime has become a unique genre of entertainment," Wilkie said. "Her stories are so extreme and fantastic, it's hard to believe they're true, but that's what engrosses people. This case has sex, lies and videotapes — just like on reality TV."

Sunrise report: Forecast, poll and more for Wednesday July 6

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Today's poll: Are you planning to watch Friday's launch of space shuttle Atlantis?

07.05.2011 | BELCHERTOWN - Fly fisherman John Cameron of Gloucester casts his line from his homemade fly rod in the Swift River near Rte. 9.

The Forecast

We're looking at another hot day, with the possibility of storms passing through later on.

ABC 40 / FOX 6 meteorologist Dan Brown writes:

Highs will reach close to 90. The sun will fade to some evening clouds then eventually some showers and thunderstorms tomorrow night, as a cold front moves our way.

That threat of evening thunderstorms has prompted a Hazardous Weather Outlook from the National Weather Service: "There is a low probability for a few severe thunderstorms to develop this afternoon and evening...mainly north of the Mass Pike. Damaging straight-line wind gusts and large hail are the primary threat."

Find the full forecast here.





Today's Poll

On Friday, space shuttle Atlantis is scheduled to take off for what will be the final flight of NASA’s 30-year old Space Transportation System.

Patrick Rowan, a contributor to The Republican, writes:

Designated STS-135 – this is the 135th shuttle flight since Columbia first took off for space on April 12, 1981. It is sure to receive much media attention, and deservedly so.

The shuttle program has dominated human space flight for most of the space age, which is now more than half a century old. It has carried well over 800 passengers to orbit.

Are you planning to watch the shuttle launch? Vote in our poll, and check back tomorrow for the results.

Tuesday's results: Yesterday, we asked "How did you celebrate Independence Day?"

14 people responded. 35.71% said they attended a cookout or picnic. 21.43% said they watched fireworks; another 21.43% said they read the Declaration of Independence. 7.14% said they watched a parade. 14.29% chose "Other."




Tuesday's Top 5:

The top 5 headlines on MassLive.com on July 5 were:

1) East Longmeadow Fourth of July [photo gallery]

2) MLB trade rumors 2011: Do any of the hot names fit with the Red Sox? [photo gallery]

3) Rev. Paul Archambault's death at Our Lady of the Sacred Heart Rectory in Springfield was suicide, police say

4) 17-year-old man, shot twice by a Palmer police officer during armed stand-off, expected to survive, faces criminal charges

5) Casey Anthony acquitted of murdering 2-year-old daughter Caylee in Florida




Quote of the Day

“What does it say about our community that young people committed this crime?”

~Springfield City Councilor Amaad I. Rivera, speaking at a rally Tuesday in Barrows Park organized to in response to the recent beating of a 30-year-old city man. A group of youths allegedly attacked the man because they believed he is gay. Read George Graham's story here.

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