The federal death penalty trial of a white man charged with shooting and killing nine black parishioners during a Bible study at their Charleston church will be held in November.

CHARLESTON, S.C. (AP) -- The federal death penalty trial of a white man charged with shooting and killing nine black parishioners during a Bible study at their Charleston church will be held in November, a judge announced Tuesday.

Chief U.S. District Judge Richard Gergel set Nov. 7 to begin selecting jurors for the federal trial of Dylann Roof, 22, who faces numerous counts, including hate crimes, in the June 17 shootings at Emanuel AME Church.

That's about two months before Roof's state death-penalty trial. Roof faces nine counts of murder in state court in a trial set to begin in January.

Handcuffed and clad in a gray-striped prison jumpsuit, Roof attended Tuesday's hearing but did not address the court.

But his attorneys reiterated previous comments that he would be willing to plead guilty if the death penalty were not on the table.

"Our plea offer has not been withdrawn and will never be withdrawn," defense attorney David Bruck told the judge.

Setting a date for Roof's federal trial had been delayed a number of times since last year as the Justice Department weighed whether to seek the death penalty.

The decision was announced last month by Attorney General Loretta Lynch who said she was compelled by "the nature of the alleged crime and the resulting harm."

On Tuesday, under questioning from the judge, both defense attorneys and federal prosecutors told Gergel they could complete their investigations, do the necessary legal research and be prepared to try their cases by November. They said they expected the trial could take as long as six weeks.

Gergel said that between 1,200 and 1,500 potential jurors might be summoned from throughout the state.

Most of the 75-minute hearing concerned setting deadlines for filing pretrial motions and other scheduling matters.

The church shootings, which occurred a year ago next week, reignited discussions about race relations and led to the removal of a Confederate battle flag from the South Carolina Statehouse. Roof had previously posed for photos with a rebel flag.

Due in part to problems in obtaining lethal injection drugs, no one has been executed in South Carolina since 2011. The federal government hasn't put anyone to death since 2003.

Roof was originally to go on trial in state court this July. But the case was delayed after the defense said doctors needed more time to complete psychiatric testing of Roof.

Last year, with the July trial date set, state prosecutor Scarlett Wilson had written Gergel saying the state preferred to prosecute Roof first.

She said after Tuesday's hearing the most important concern justice for the victims' families.

"The notion that we are arm-wrestling or arguing with the federal prosecutors - our federal counterparts - is just not there," she said. "The most important thing is bringing justice to these families and trying this case as quickly and efficiently as possible."

Weld, a former tough-on-crime prosecutor now running as the Libertarian Party's vice presidential candidate, said he would support a 2016 ballot question in Massachusetts legalizing recreational marijuana.

Former Massachusetts Gov. William Weld, a former tough-on-crime prosecutor now running as the Libertarian Party's vice presidential candidate, said he would support a 2016 ballot question in Massachusetts legalizing recreational marijuana.

"In Massachusetts, I would be supportive," Weld said, acknowledging that his stance "represents something of a shift from what my position would have been in the past."

Weld spoke in a public conversation with Bruce Mohl, the editor of Commonwealth Magazine, at the office of Mintz Levin, the law and lobbying firm where Weld most recently worked. It was his first public interview in Massachusetts since he was selected as the running mate of Libertarian former New Mexico Gov. Gary Johnson.

Weld is a lawyer who served as Massachusetts' U.S. attorney in the 1980s, then as governor of Massachusetts from 1991 to 1997. He famously said in 1990 that he would reintroduce prisoners to "the joy of busting rocks."

Today, criminal justice in Massachusetts and nationally has generally moved away from a tough-on-crime approach and toward an approach that emphasizes rehabilitation. In particular, lawmakers have begun treating addiction to illegal drugs as a public health issue, rather than a crime.

Johnson and the Libertarian Party support legalizing marijuana and, in some cases, other drugs.

Mohl quizzed Weld on his stance on criminal justice and on drugs in particular. Weld said his stance on criminal justice is "developing" since his positions in the 1990s. He said while he supported mandatory minimum sentences in the 1990s, he recognizes that the U.S. has moved away from that trend, particularly with regard to offenses related to drug possession.

"There's a lot of evidence it's a public health emergency, and people do need help," Weld said.

He added, "You would not have gotten that out of my mouth in the late '80s."

Weld said he is "not absolutely sure" he would support legalizing marijuana nationally, despite his running mate's stance. But he said he thinks the idea is "worth a discussion."

"I do think there's something to the idea by decriminalizing something you take it out of the shadows, and the incentives are not there for the bad guys to do massive criminal sales," Weld said.

One of Weld's political proteges, Republican Massachusetts Gov. Charlie Baker, has come out as a strong opponent of legalizing recreational marijuana in Massachusetts.

Black clouds are moving through Massachusetts bringing showers, thunderstorms and hail.

SPRINGFIELD -- Black clouds are moving through Massachusetts Tuesday evening bringing showers, thunderstorms and hail.

While storms are mainly expected to bring small hail, the National Weather Service warns a few strong to severe thunderstorms with large hail and damaging wind gusts are possible.

Isolated showers and thunderstorms are expected to end before 10 p.m. in Western Massachusetts clearing past Boston by midnight.

Did you capture a photo or video of hail in your neighborhood? Share it in the comments below or send it to us via email.

Weld said Trump was "on the wrong side of history" with his plans to build a wall between the U.S. and Mexico and deport illegal immigrants.

BOSTON -- Former Massachusetts Gov. William Weld, the Libertarian Party's vice presidential nominee, on Tuesday compared presumptive Republican presidential nominee Donald Trump's plan to build a border wall with Mexico to the Berlin Wall.

"The wall reminds me of the Berlin Wall, which was a stain and a shame on the Soviet Union for the entire time it was there," Weld said.

The infamous Berlin Wall divided communist East Germany from the freer West Germany. Trump has announced plans to build a wall on the U.S.-Mexican border to keep out illegal immigrants.

"We're going to have a Mexican Ronald Reagan say, 'Mr. Trump, take down this wall,' and he's going to take it down, because he's on the wrong side of history," Weld said.

Weld said Trump's plan to deport all illegal immigrants from the U.S. is also "on the wrong side of history," comparing it to the controversial "Operation Wetback," which involved the deportation of illegal Mexican immigrants in the 1950s.

Weld also criticized Trump for wanting to arm Japan and South Korea with nuclear weapons. "There's a question whether he should be a person with his finger on the nuclear button," Weld said. "The roundups, midnight raids, deportations, the building the Berlin Wall. Somebody's not reading their history book."

Overall, Weld said Trump's ideas "couldn't be worse."

Weld, the running mate of former New Mexico Gov. Gary Johnson, spoke in a public conversation with Bruce Mohl, the editor of Commonwealth Magazine, at the Boston office of Mintz Levin, the law and lobbying firm where Weld most recently worked.

Weld served as a Republican governor of Massachusetts from 1991 to 1997, when he resigned after being nominated by then-President Bill Clinton, the husband of presumptive Democratic presidential nominee Hillary Clinton, to be U.S. ambassador to Mexico. Weld's nomination was blocked by the U.S. Senate. He moved to New York and ran unsuccessfully for governor there in 2006.

Weld is a lawyer who served as Massachusetts' U.S. attorney in the 1980s and has also worked in private practice.

Weld worked with Hillary Clinton when they were young lawyers helping to draft a case of impeachment against Republican President Richard Nixon in response to the Watergate scandal.

Weld called Clinton a "kind person" and said Bill Clinton "did a real good job as president." "I think she's qualified to be president," Weld said.

Weld said his disagreements with Hillary Clinton are about policy. He thinks the Democrats want to grow the size of government, and he said he is not convinced that a President Hillary Clinton would sign the policies that President Bill Clinton did, such as welfare reform and the North American Free Trade Agreement.

"I'm not sure she'd be a middle-of-the-road president the way her husband was," Weld said.

Weld summed up his disagreement with the Republican and Democratic parties this way: "My thesis is the Democratic Party wants the government to be in your pocketbook ... and the Republican Party ... wants the government to be in your bedroom."

Weld considers himself a fiscal conservative and social liberal.

Johnson's selection of Weld as a running mate "happened in a day," the former governor said. The two knew each other from the 1990s, when both were governors. They had a phone call on a Saturday morning, then Weld and his wife flew to Las Vegas that night and spent four hours talking to Johnson.

Weld said he sees his role in the campaign as focusing on national fundraising and getting national media attention. When Johnson ran for president in 2012, he got little attention and spent only $2 million. "I told him this better well be a $50 million campaign. You can't do things the same way," Weld said.

Weld said his focus is on helping the campaign move from 8 or 10 percent in the polls to 15 percent, at which point Johnson will be included in the presidential debates. He acknowledged that the 10 percent he is polling at today "may be the Donald Duck 10 percent," referring to the people who oppose both major parties. But Weld said he believes the Libertarian ticket can appeal to anti-Trump Republicans and some young Democrats who supported Democratic presidential candidate Bernie Sanders.

Weld suggested that if the Libertarian slate can draw 15 percent support from each major party by the last month of the campaign, it would create a three-way fight that "any one of the three can win."

One anti-Trump Republican not voting for Johnson and Weld is Weld's political protege, Republican Massachusetts Gov. Charlie Baker, who said he does not plan to vote in the presidential race.

Weld said he did not tell Baker his plans before he got into the race. Weld then sent Baker an email saying, "I hope you understand, it's so you have deniability."

The City Council's Finance Committee is looking to cut between $1.5 and $2.8 million from the city's Fiscal 2017 proposed budget of $138.4 million.

WESTFIELD - The City Council's Finance Committee has advised school officials to prepare for a possible $600,000 cut to its $58.9 million budget for Fiscal 2017 that begins July 1.

The Finance Committee launched a series of budget hearings Tuesday night, beginning first with the School Department because of a June 15 notification deadline of potential layoff of teachers.

Councilors David A. Flaherty and Matthew VanHeynigen voted to recommend the $600,000 reduction to the full City Council at its scheduled June 29 special council budget workshop.

That vote followed nearly an hour-long explanation of school expenses for the new fiscal year by Superintendent of Schools Suzanne Scallion and Business Manager Ronald R. Rix.

Rix was unable to immediately respond to the budget reduction proposed by Flaherty and VanHeynigen saying "right now that is an arbitrary number and I am not sure of results."

Rix told the Finance Committee that the School Department has "been aggressive and transparent in reigning in costs. We also try to head off unemployment insurance payments by notifying teachers of potential lay off by the June 15 notification requirement."

Scallion told councilors the School Department has eliminated 100 staff positions in the last five years.

Both noted that a School Committee ordered $725,000 budget cut last month, from the original $59.6 million requested, will lead to the layoff of 14 staff members.

City Council President Brent B. Bean II was more optimistic that others at Tuesday's budget hearing saying "I think the city is in good shape. It is difficult financially but overall I think we're in good shape."

"The $600,000 is a recommendation," Bean said. "I hope there will be no real surprises when the Finance Committee completes its budget review," the president said.

Mayor Brian P. Sullivan presented a requested $138.4 million citywide Fiscal 2017 budget package to the City Council last week. It includes the $58.9 million for the School Department.

Overall, Flaherty said Tuesday the Finance Committee is looking to cut between $1.5 million and $2.8 million from the requested Fiscal 2017 request.

"We need to establish priorities," Flaherty said of the budget process.

Sgt. John Delaney said the raid was conducted "after a lengthy investigation" at the second-floor unit of 246 Mill St.

SPRINGFIELD - Police raided an apartment in the Six Corners section of the city on Tuesday, making two arrests and seizing nearly 1,000 bags of "Panther" heroin.

Sgt. John Delaney said the raid was conducted "after a lengthy investigation" at the second-floor unit of 246 Mill St. at 5 p.m.

Police seized 935 bags of heroin stamped with the word "Panther," a large bag of powder cocaine and $1,178 in cash.

Ivan Carmona, 27, is charged with trafficking in heroin and possession with intent to distribute cocaine. Police said he is a resident of the raided apartment. Christian Rivera, 20, of 163 Johnson St., faces the same charges.

The Holyoke City Council on Tuesday tabled until June 21 the item related to the proposed development of the former Lynch School.

HOLYOKE -- The city won't be getting "another CVS."

At least, another CVS pharmacy, which would be the city's third, won't be moving into the former Lynch School at Northampton and Dwight streets as the City Council agreed Tuesday to a request from a developer to table an item related to the property.

Tabling lets Frontier Development of Miami, Florida avoid what was likely to be a rejection by the City Council of its request for a zone change for the property based on opposition to the plan for a CVS and a fast-food restaurant at the site.

The city has CVS stores at 400 Beech St. and 250 Whiting Farms Road.

Putting a CVS at Lynch School would have established three pharmacies at or near that intersection of Northampton and Dwight streets, with Walgreens at 1588 Northampton St. and Rite Aid at 1504 Northampton St.

Traffic issues also turned off councilors and others in the community regarding the Frontier plan for a CVS and fast-food restaurant.

"I would like to afford them the time necessary to modify their proposal," Councilor at Large Rebecca Lisi said.

Specifically, the item on the council's agenda was a request from Frontier Development to rezone the Lynch School site to a highway business zone from the current designation of residential single family. The zone change at the property was needed for Frontier to turn the site into a CVS and a restaurant.

The council's Ordinance Committee had voted 4-1 to recommend the full City Council reject the zone change request.

Council President Kevin A. Jourdain said he spoke earlier Tuesday with lawyer Thomas N. "Toby" Wilson, who is representing Frontier Development. Wilson said the company would like the item to be tabled so they can possibly rework the plan, Jourdain said.

The council tabled the item to June 21. The motion, which came after councilors weighed in on the matter in discussion, passed without noticeable dissent on voice vote.

But Councilor at Large Michael J. Sullivan was among those who opposed such detailed City Council involvement in a project.

"I don't think it's the job of the City Council to be micromanaging what business we like and what businesses we don't like," Sullivan said.

A story with additional detail will be published later this week as reporting continues.

Familiar faces including two current selectmen are among the seven voters chose to serve on East Longmeadow's inaugural Town Council.

EAST LONGMEADOW — Selectman Kevin Manley received the most votes with board Chairman Paul Federici finishing second in a vote to elect the town's first-ever Town Council.

With voter participation just under 31 percent, East Longmeadow residents filled out the seven-member council with Kathleen Hill, Donald Anderson, Eric Madison, Michael Kane and Joseph Ford.

Members of the council were elected amid a shift in the town's form of government under a new town charter ratified in April. They are scheduled to meet for the first time on July 1. The first order of business on their agenda is hiring an interim town manager. They will then be tasked with finding a permanent Town Hall head.

Residents passed the charter by a margin of nearly 60 percent during the annual town election April 12. Under the charter, East Longmeadow will switch to a town manager and town council form of government, and eliminate Town Meeting as the community's legislative body. The council will replace Town Meeting. The new charter also includes provisions for residents to bring town council votes to a ballot referendum and for recalls of elected officials.

Participation in Tuesday's special election was slightly less than at the annual election, for which town records show 36 percent of registered voters cast ballots. But on Tuesday afternoon, Town Clerk Thomas Florence said far more voters showed up to the polls at Birchland Park Middle School than in past elections.

"It's a bit less, but it's still a good turnout, especially for a local election," Florence said as he greeted candidates campaigning outside the school.

The entrance to the middle school's parking lot looked like a tailgate party Tuesday afternoon as candidates for Town Council stood or sat in plastic chairs under tarp canopies with their campaign signs, waving to voters as they drove past.

Inside the building, voters filed in and out, casting their ballots.

An East Longmeadow resident for 29 years, Paul Cunningham, 60, knows most people involved in town government, he said. His knowledge of the 32 candidates drove his decision of which seven should fill the council, he said as he walked out of the school after voting.

"I just look at the people I'm familiar with in town," Cunningham said. "They have their work cut out for them."

For Paula Caron, 60, who moved to East Longmeadow from Springfield three years ago, the attitudes of candidates was a large driving factor for her votes.

Rather than people intent on pointing out fault and scandal -- stemming from alleged bribery during the search for a new police chief, and botched votes taken by Board of Selectmen afterward -- Caron said she sought candidates who looked to the future.

"Everyone seems so disgruntled, I think that's why there are so many candidates," Caron said.

Winning candidate vote totals
Kevin Manley: 2,129
Paul Federici: 1,832
Kathleen Hill: 1,517
Donald Anderson: 1,447
Eric Madison: 1,030
Michael Kane: 980
Joseph Ford: 975

Local and state police shut down Barrett Street for several hours on Tuesday while they investigated a death.

BELCHERTOWN - Local and state police shut down Barrett Street for several hours on Tuesday while they investigated a death.

Police said the death was reported at 4:38 p.m.

"This was determined to be an isolated incident," police said in a news release. "At no time did this incident pose a safety threat to the public."

Belchertown police said no further information is available and referred questions to the Northwestern District Attorney's Office.

Holyoke's newly adopted ordinance would give the city authority to pursue an estimated $700,000 in unpaid sewer bills by using the leverage of service shut-off.

HOLYOKE -- The City Council Tuesday voted to adopt an ordinance that would give the city power to shut off sewer service for customers who have failed to pay bills for months.

The sewer shut-off authority would give the city leverage to seize some of the hundreds of thousands of dollars owed in bills and strike a note of fairness for the majority of customers who do pay on time, councilors said.

"The majority of people have been clamoring for this for quite some time," Councilor at Large Howard B. Greaney Jr. said.

The measure was approved by a vote of 13-0.

The shut-off authority was established accompanied by a detailed policy similar to the one used by Holyoke Water Works. The policy requires that a series of notices be issued to a customer about bills being in arrears before service is halted. That was recommended by Assistant City Solicitor Kara Cunha.

Officials have estimated that about $700,000 is owed in long-standing sewer bills.

In the past, legal opinions have stated that state law prohibited shutting off water service for unpaid sewer charges. That means the city lacked leverage because sewer customers could ignore bills and continue to get service.

But Cunha has said she researched a question from Mayor Alex B. Morse about whether the water in such cases could be shut off as a preliminary step in shutting off sewer service for unpaid sewer charges. She found the city could take on that authority as long as accompanied by a clear sewer shut off policy.

A total of 33 students graduated from the Hampden Charter School of Science Tuesday in a ceremony at Elms College.

CHICOPEE -- A total of 33 students graduated from the Hampden Charter School of Science Tuesday in a ceremony at Elms College.

This is the fourth graduation since the school opened to serve students interested in science, engineering and technology from Springfield, Chicopee, Ludlow and West Springfield.

Speakers at the event included Miles Hyman, a graduate of the first class from the school, and Nigar Kahn, a founder of the school and a member of its board of trustees. Student speakers were valedictorian Nora Perlmutter and class president Kalimah Muhammad.

All 33 graduates have been accepted to four-year colleges. Students have selected a variety of schools to attend in the fall, including the University of Massachusetts Amherst, Gordon College, Trinity College, Western New England University, Holyoke Community College and Springfield Technical Community College.

The graduates are: Yarangelis Aguilera, Jennifer Armida, Ethan Ashline, Dylan Beauchemin, Evan Cardenales, Nathalia Colon, Raymon Cooper, Kayla Drost, Jahina Eddington, Jason Feliciano, Brandon Heath, Athyah Henderson, Xiana Hernandez, Maxwell Hyman, Lawson Ibekilo, Katelynn Kaimi, Gizem Koc, Neslihan Kumas, Andrew LaFleur, Carlton Leonard, Emari Ephraim, Kalimah Muhammad, Navia Pagan, Keri-Lynn Paul, Nora Perlmutter, Carlos Santiago, Willie Smith, Tareek Smith, Stephanie Soto, Sydney Triplett, Hector Velez, Yukon Wainczak and and Mert Yanbul.

Here are the winning numbers in Tuesday's Mega Millions drawing.

Hoping that $1 you plunked down for a Mega Millions ticket this week makes you really rich? Tuesday evening's drawing gives you a shot at one of the biggest lottery jackpots in U.S. history.

Mega Millions 

Here are the winning numbers in the drawing:

25-48-51-65-72; Mega Ball: 4; Megaplier: 4x

The estimated jackpot for the drawing is $260 million.

If no one wins, the Mega Millions jackpot will get even bigger for Friday's drawing.

According to the game's official website, the odds of winning the jackpot are 1 in 258,890,850.

Players pick six numbers from two separate pools of numbers -- five different numbers from 1 to 75 and one number from 1 to 15 -- or select Easy Pick. A player wins the jackpot by matching all six winning numbers in a drawing.

Jackpot winners choose whether to receive 30 annual payments, each five percent higher than the last, or a lump-sum payment.

Mega Millions drawings are Tuesdays and Fridays and are offered in 44 states, Washington D.C. and the U.S. Virgin Islands.

The Associated Press contributed to this report.

Five bicyclists have died and at least four more have been injured after being hit by a pickup truck north of Kalamazoo.

COOPER TOWNSHIP, MI -- Five bicyclists have died and at least four more have been injured after being hit by a pickup truck north of Kalamazoo.

The bicyclists were struck by a blue Chevrolet pickup truck just after 6:30 p.m. in the 5500 block of North Westnedge Avenue, near Markin Glen County Park, in a hit-and-run crash.

The driver was found a short distance away by police officers and is in custody, Kalamazoo County Prosecutor Jeff Getting said at an 11 p.m. press conference at Kalamazoo Township Hall. The driver is a 50-year-old man from West Michigan, Getting said.

The five bicyclists were pronounced dead at the scene, Getting said. The group of nine bicyclists were adults and were riding in an organized group together, Getting said.

Bronson Methodist Hospital is treating two injured cyclists, spokeswoman Carolyn Wyllie said. Two other patients are being treated at Borgess Medical Center, with one person in critical condition and the other in fair condition, spokesman Lew Tysman said.

What we know about deadly truck-bicyclists crash in Kalamazoo

Paul Selden, director of road safety with the Kalamazoo Bicycle Club, said he knows of a group adult, recreational bicyclists that would have ridden past the park around the time of the crash.

"What I have seen of these riders in the past and the way (they) organize the rides, they always were led in a safe manner," Selden said, adding that the group generally rides on the right side of the road and rides single file in traffic.

Selden said this is the most tragic bicycle accident he can think of in his history in the area.

"I think this is one of the worst, if not the worst, bicycling-motorist accients in the county," Selden said.

Carrasquillo arrived at the emergency room complaining of abdominal pain - and was soon complaining about the waiting time to see a doctor as well, police said.

SPRINGFIELD - A Springfield man has been sentenced to 18 months in jail for verbally abusing doctors and nurses and triggering a lockdown at Mercy Medical Center's emergency room.

Manuel Carrasquillo, 39, pleaded guilty to trespassing, resisting arrest, disorderly conduct and assault and battery on a police officer Tuesday in Springfield District Court.

Under a sentence imposed by Judge Paul Smyth, he was ordered to serve 18 months at the Hampden County Correctional Center, followed by three years of probation.

Assistant District Attorney Karen McCarthy recommended a 30-month sentence, with 18 months to be served direct, followed by 24 months of probation.

Carrasquillo was arrested at Mercy's emergency room early on March 15 after verbally abusing nurses and doctors and fighting with a police officer, according to court records.

He arrived complaining of abdominal pain -- and was soon complaining about the waiting time to see a doctor as well, Springfield police officer Dean Fay wrote in the arrest report.

Carrasquillo's behavior became so disruptive that the hospital was placed on lockdown and additional security was called to the emergency room, according to the report, which said the suspect was "yelling and screaming ... obscenities (and) hindering the doctors and nurses from treating the sick and injured."

During his arraignment, Carrasquillo pleaded not guilty to the charges and was released on $5,000 bail with an order to stay away from the hospital.

Hampden District Attorney Anthony Gulluni said the 18-month sentence sends a message that such behavior will not be tolerated.

"In this case, people and their families who were seeking medical treatment and care, some in mental and physical pain already, were caused greater discomfort because of Mr. Carrasquillo's inexplicable outburst," said Gulluni, adding that "hospitals, and especially emergency rooms, are places where decency, decorum and peace must exist."

"I am pleased the judge accepted our recommendation and issued a firm sentence," he added.

Supporters of a 21-year-old Belchertown man with autism who stands accused of stabbing his mother are hoping that he could be released from jail and into a supervised residential facility in Amherst. Watch video

NORTHAMPTON -- Supporters of a 21-year-old Belchertown man with autism who stands accused of stabbing his mother are hoping that he could be released from jail and into a supervised residential facility in Amherst.

Zachary Holmes did not appear in Hampshire Superior Court Wednesday. His attorney, Alfred Chamberland, asked Judge John Ferrara whether he would hear the motion to release Holmes to the facility or if Judge Mary-Lou Rup, who ordered Holmes held without bail, should decide it. Rup had said the issue could be reconsidered if a bed opened up at a suitable residential facility.

Judge John Ferrara said that if Rup does not feel the need to hear it herself, he could hear it on June 20. That's the same date that a room will become available at the Amherst facility.

Holmes' mother and other family members in court Wednesday were disappointed that Ferrara did not hear and approve the motion.

Zachary Holmes in Hampshire Superior Court in Northampton in February. (Dan Little/Daily Hampshire Gazette)
 

"But he didn't say 'no,'" Joann Holmes said outside the courtroom, with a smile. "Each thing is one more step further."

She said she's been collecting bedding and other items to make his room at the facility feel like home. He's been asking her to give him her bed, a Bob-o-pedic, which she said he loves. He wants to watch Youtube videos and relax, she said.

Holmes, described by an attorney in court documents as being on the cognitive level of a 10-year-old, has been in jail since he allegedly stabbed his mother Sept. 3.

Assistant Northwestern District Attorney Jennifer Suhl has said in court that the attack came after an argument over how best to clean up after a dog. Holmes repeatedly stabbed her before the knife blade broke off and his mother fled, Suhl said.

Joann Holmes was hospitalized for a week as a result. She told reporters that her son was always a gentle giant but started having more serious psychiatric issues after he turned 20. She said she tried to have him evaluated at that time, but her insurance would not pay for it.

Asked by Ferrara whether his defense at trial would be that Holmes' was not competent or criminally responsible, Chamberland said that psychologists have opined that he is competent. One expert said Holmes' anger problems are not due to his autism, according to statements Suhl made in court.

Suhl has said that the prosecution would consider assenting to a motion to release Holmes to a residential facility as long as it is secure enough to ensure that he is not a danger to his mother or the public.

Judge hears arguments on dangerousness of Zachary Holmes, autistic man accused of stabbing mother

Joann Holmes has been meeting with staff from the Department of Developmental Services, which runs the facility in Amherst. She said it is staffed 24 hours a day and his stay there would also include counseling and clinical services provided by James Levine and Associates of South Hadley.

She said she and her family members have not told Zachary Holmes that he could get out June 20th because they don't want to get his hopes up if it doesn't happen.

"The mom in me wants him home," she said, but "it's a process." She said the facility will be a good place for him and big improvement over incarceration.

Chamberland is also planning to argue motions to suppress evidence, including what he calls a warrantless search of the Holmes' residence and statements Holmes made to police when they arrived.

Suhl has said in court that Zachary Holmes told police he was ready to go to jail and that he had also tried to sicken his mother by pouring dishwashing detergent into her water bottle.

 

Keith A. Truehart, who made the state's Most Wanted List for hiding from police after he was charged with beating an infant, is expected to plead guilty later this month.

NORTHAMPTON -- Keith A. Truehart, who made the state's most wanted list for hiding from police after he was charged with beating an infant, is expected to plead guilty later this month.

The trial could have been scheduled this month, but attorneys appearing before Hampshire Superior Court Judge John Ferrara Wednesday told him they expected Truehart to change his plea on June 28.

It is not clear whether he will plead to all the charges against him or if the charges will be reduced as part of the offered plea agreement.

Truehart, 31, of Belchertown, has pleaded not guilty to three counts of assault and battery to a child causing serious bodily injury and one count of misleading police. He has been held without right to bail due since he was first arrested and charged in Eastern Hampshire District Court.

Police have said that Truehart beat the child in November 2014 while his girlfriend, the mother's child, Melonie Cummings, was out of the home. When she returned home, she called 911 and told a dispatcher her child was injured in a fall. She was recorded on the call assuring Truehart she wouldn't tell police that he was alone with the child when the injuries occurred, police said.

Doctors found the child had bruising on its head and doctors also found two ribs that had been broken earlier and were starting to heal. The injuries were inconsistent with a fall, they told police.

A friend of Cummings who also saw the infant told police that if she hadn't seen the child's chest rising and falling, she would have thought the baby was dead, according to statements made in court.

Police sought out Truehart for questioning and issued a warrant, but he had disappeared. They believed he was staying with Cummings and searched her home in Belchertown about 20 times. They finally found and arrested him in a hideout built under Cummings' sink June 10, 2015.

Melonie Cummings incarcerated after admitting to hiding Keith Truehart

Cummings pleaded guilty a week ago to charges of misleading police and accessory to a crime after the fact and received an 18-month House of Correction sentence. One of the conditions of the plea was that she testify against Truehart. Another judge had earlier rejected a plea deal that did not include that condition.

The case of Christopher Keefe vs. Gregory Neffinger is now in the hands of the jury, which must decide if the former West Springfield mayor wrongly terminated Keefe, who is seeking financial damages for lost wages.

SPRINGFIELD — It's now up to the jury in the case of Gregory C. Neffinger, the former West Springfield mayor on trial for allegedly wrongfully terminating an employee, to judge the credibility of Neffinger and Christopher Keefe, the former employee, to determine which man is telling the truth.

On multiple occasions during the Hampden Superior Court trial, which began Friday and concluded Wednesday with closing arguments, both men gave testimony that contradicted what the other said during the civil trial.

Keefe, West Springfield's former principal assessor, is seeking damages in a lawsuit against the town, claiming the mayor fired him for refusing to circumvent a Department of Revenue determination that nonprofit social clubs were not tax-exempt charities. Neffinger says he only asked Keefe to check if the clubs,none of which had previously paid property taxes, were eligible for some form of tax relief.

Keefe and fellow town assessor Kathleen Cooley said they refused to break the law, testifying that Neffinger had a meltdown during a meeting with them about the topic in February 2012. The next day, Keefe was terminated, issued a no-trespassing order and escorted from town property by a police officer. He is seeking over $192,000 in financial damages — the estimated value of the public pension he would have been entitled to if he had not been fired in "violation of public policy," he claims.

In closing arguments Wednesday, Patricia M. Rapinchuk, the attorney representing Neffinger and the town, acknowledged that testimony during the trial was so far apart at times, it will be up to the jury to determine the truth. The undisputed facts in the case, however, are that Keefe was an at-will employee who served at Neffinger's pleasure and the mayor decided to fire him, Rapinchuk told jurors.

"Credibility is an issue in this case," she said. "You cannot get around that."

In 2011, Neffinger campaigned on a platform of lowering taxes, including looking out for nonprofit social clubs that traditionally had not been required to pay property taxes. Keefe issued tax bills to four clubs before Neffinger took office in January 2012.

"The social clubs were going to be taxed for the first time in their history," Rapinchuk said. "(Neffinger) didn't want to see them ... get taxed out of town."

Neffiner repeatedly testified that he was looking for a team to work with to "accomplish some of the goals he had put forth in his campaign," Rapinchuk said. But Neffinger quickly developed a bad feeling about Keefe, whom he found to be "evasive," "cold" and "bureaucratic," Rapinchuk said.

Cooley, meanwhile, was a Democrat who supported Neffinger's Democratic opponent in the mayor's race, Rapinchuk said. Neffinger, a Republican, issued a campaign press release in October 2011, stating his support for social clubs and the possibility of tax breaks to help them remain viable.

Keefe and Cooley issued their own press release in response to Neffinger's release, stating that Neffinger was intent on violating state laws for "personal political gain." Not only was it unusual for an assessor to send out a press release, Rapinchuk said, but Keefe "took a political potshot" at Neffinger. "Mr. Keefe was inserting himself into the political arena," she said.

Neffinger won the mayor's race in November 2011 and took office in early January 2012. However, Keefe had a negative view of Neffinger before he had even met the new mayor, Rapinchuk said. She cited emails in which Keefe said he expected to get fired, even though Neffinger had never expressed any desire to replace Keefe.

"Mr. Keefe is already anticipating some kind of conflict here that may be of his own creation," the attorney told the jury.

Rapinchuk focused on the minutes from a Feb. 7, 2012, meeting that Neffinger had with Keefe and Cooley, during which Neffinger admitted to losing composure and shouting at Keefe. The mayor also admitted to using foul language and apologized to Keefe and Cooley afterward, according to Rapinchuk. Neffinger fired Keefe the very next day, claiming Keefe was not a team player.

The lengthy minutes from the contentious meeting were submitted after Keefe's termination and were not an accurate reflection of the session, Neffinger testified during the trial. "This is a document designed to make Mr. Neffinger look bad," Rapinchuk said of the minutes, which were submitted as evidence in the trial. "What were the motivations of the parties here?" she asked.

Keefe had a "chip on his shoulder" and an "adversarial approach to Mr. Neffinger" before the mayor even took office, Rapinchuk said. "It's almost like he didn't want the social clubs to have their hearings or to have their voices heard, she said.

Neffinger also never asked Keefe and Cooley to violate the law, but rather asked the assessors to treat the social clubs fairly. "He wanted them to to get a fair shake," Rapinchuk said.

Keefe's attorney, Tani E. Sapirstein, quickly got to the point in her closing arguments, laying out a scenario in which a political neophyte came to power and summarily got rid of two career assessors — Keefe and Cooley — who, collectively, had close to two decades of experience in the field. Cooley, a member of the Board of Assessors for about a dozen years, was removed by Neffinger. Keefe, a career real estate assessor, formerly worked for the DOR.

Sapirstein also focused on the February meeting minutes, which Neffinger initially referred to as "a total fabrication" before changing his testimony and admitting he had exaggerated. Keefe and Cooley submitted the minutes from the meeting because Neffinger had asked them to "violate the law, to circumvent the law," Sapirstein said.

Neffinger accused Keefe of being evasive and of providing incomplete or inaccurate answers to his questions about tax rules for social clubs. However, Neffinger was unable to offer a single example of Keefe's alleged evasiveness, Sapirstein told the jury.

Neffinger also testified that it was his understanding that assessors had "very wide discretion" in determining which properties to tax, and that DOR guidelines were not binding. DOR guidelines "are, in fact, binding on assessors," Sapirstein said, adding that assessors cannot ignore rules and opinions established by the state agency.

Although Keefe said he left his public-sector job at DOR ahead of anticipated cuts, he specifically applied for the West Springfield position because he wanted to continue working toward a pension after paying into a public retirement plan for several years.

"He only had two years and four months left before he was vested," Sapirstein said.

After Neffinger fired Keefe, Sapirstein said, her client was unemployed for about six months and lost around $30,000 in wages and $9,000 in vacation time.

"Mr. Keefe was fired for refusing to follow the mayor's law," Sapirstein said, "and for following the law of the commonwealth."

The Massachusetts House on Wednesday pushed aside concerns of various advocacy groups and easily passed a bill to expand the state's procurement of hydropower and offshore wind.

The Massachusetts House on Wednesday pushed aside concerns of various advocacy groups and easily passed a bill to expand the state's procurement of hydropower and offshore wind.

The vote was 154-1, with state Rep. James Lyons, R-Andover, as the lone dissenting vote.

"This is a green bill -- not just a green energy bill, it's a green dollar bill bill as well," said state Rep. Sarah Peake, D-Provincetown, whose district of Cape Cod could benefit from development of offshore wind.

Peake said investing in offshore wind could create jobs for fishermen, welders, high-tech manufacturers and others. "This area has been referred to as the Saudi Arabia of wind power," Peake said.

Lawmakers introduced 61 amendments in advance of Wednesday's debate, but almost all of them were withdrawn without votes or debate during seven hours of closed-door discussions. A handful of amendments were voted on and adopted or rejected, mostly by voice vote.

The bill, H.4377, would require the state's energy distribution companies to solicit long-term contracts to purchase 1,200 megawatts of offshore wind power and 1,200 megawatts of hydropower by 2027. The distributors would be required to enter into the contracts as long as the bids go through an evaluation process and are found to be reasonable and cost-effective. The hydropower could be combined with other renewable energy sources, such as solar energy.

State Rep. Thomas Golden, D-Lowell, chairman of the Joint Committee on Telecommunications, Utilities and Energy, said if the bill becomes law, Massachusetts will be procuring approximately 20 percent of its electric load from renewable sources.

When the bill was first released, several advocacy groups voiced concerns about it. The New England Power Generators Association said the bill would increase costs for consumers. Environmental groups wanted a greater focus on local sources of renewable energy, including onshore wind and solar, rather than hydropower.

State Sen. Ben Downing, D-Pittsfield, Senate chairman of the Committee on Telecommunications, Utilities and Energy, said he had hoped for a more comprehensive energy bill, with provisions related to energy efficiency, energy storage, and increasing the amount of renewable energy being purchased -- not only hydropower and offshore wind.

On the House floor Wednesday, no representatives voiced these concerns with the bill.

Potentially controversial amendments prohibiting ratepayers from being charged for the cost of expanding natural gas pipelines were ruled as being beyond the scope of the bill and set aside, since the bill does not address natural gas. Lawmakers withdrew amendments related to expanding the amount of renewable energy electric utilities must purchase, exempting industrial customers from paying for energy efficiency programs and others.

Speaker Pro Tempore Patricia Haddad, D-Somerset, a supporter of expanding offshore wind power, said if Massachusetts does not start procuring wind power, "There are tons of people nipping at our heels," particularly the state of New York.

State Rep. Antonio Cabral, D-New Bedford, cited his city's history as an energy powerhouse for more than a century at the time when whale oil was a primary source of energy. After the energy industry shifted to oil, coal and natural gas, he said, Massachusetts became "the end of the pipeline."

Cabral said the bill has a chance to rejuvenate Massachusetts' status as a center of clean energy as the offshore wind industry develops here. "This bill begins a step in that direction of us being in the beginning of the pipeline of energy," Cabral said.

State Rep. James Murphy, D-Weymouth, talked about investment in wind and hydropower as the only way to avoid having natural gas pipelines expand in Massachusetts.

Correction: An earlier version of this story stated incorrectly that an amendment related to fixing gas leaks was withdrawn. Although it was withdrawn, the amendment was rewritten as part of a technical amendment and passed.

Two Palestinians opened fire near a popular open-air market in central Tel Aviv on Wednesday night, killing four Israelis and wounding at least five others in one of the deadliest attacks in an eight-month wave of violence.

JERUSALEM (AP) -- Two Palestinians opened fire near a popular open-air market in central Tel Aviv on Wednesday night, killing four Israelis and wounding at least five others in one of the deadliest attacks in an eight-month wave of violence.

The shooting occurred at the Sarona market, a series of restored buildings that have been transformed into a popular tourist spot filled with crowded shops and restaurants. The complex is across the street from Israel's military headquarters and is often filled with tourists and young soldiers in uniform.

"Two terrorists opened fire at civilians," Tel Aviv district police commander Moshe Edri said, adding that one of the detained attackers was being treated for a gunfire wound.

Police had initially said there might be a third attacker but later ruled that out after extensive searches and examining security camera footage.

Tel Aviv's Ichilov Hospital said the four slain Israelis had been brought to the facility in critical condition and later died of their wounds.

Prime Minister Benjamin Netanyahu met with his defense minister and security leaders shortly after the attack and then traveled to the scene. He called the attack a "cold blooded murder by despicable terrorists," according to a statement from his office.

Hamas, the Islamic militant group that rules Gaza, welcomed the attack but did not claim responsibility for it. Hamas official Mushir al-Masri called the shootings a "heroic operation" and the group later issued an official statement promising the "Zionists" more "surprises" during the Muslim holy month of Ramadan.

Meital Sassi told Channel 10 TV she was out with her family celebrating her son's birthday at the Sarona market when she heard shots and "immediately understood it was a terror attack."

"We ran like lighting with the baby and the stroller," she said. "I yelled at people who didn't understand what was happening to run."

Channel 10 aired CCTV footage from inside a restaurant showing two men in suits shooting at diners as they run away from their tables. One of the attackers shoots a man on the ground and waves a knife before running out.

Shlomi Hajaj, director of the market, told the station that security guards at the entrance prevented the attackers from entering, "averting a bigger disaster" as the market was packed with people.

Police said the two gunmen were members of the same family from the Palestinian village of Yatta, near the West Bank town of Hebron, which has been a flashpoint for violence in recent months.

Over the last eight months Palestinians have carried out dozens of attacks on civilians and security forces, mostly stabbings, shootings and car ramming assaults that have killed 32 Israelis and two Americans. About 200 Palestinians have been killed during that time, most identified as attackers by Israel. The assaults were once near-daily incidents but they have become less frequent in recent weeks.

Most of the attacks have been in east Jerusalem or the West Bank, territories Israel seized from Jordan in the 1967 war which the Palestinians want for their future state.

But Tel Aviv, Israel's most cosmopolitan city, has not been spared.

A member of Israel's Arab minority went on a shooting rampage on New Year's Day, killing three people. And in March a Palestinian went on stabbing spree, killing an American and wounding 7 other people before he was shot and killed.

U.S. State Department spokesman Mark Toner condemned the "horrific terrorist attack" in a statement, saying "cowardly attacks against innocent civilians can never be justified."

U.N. Secretary-General Ban Ki-moon said in a statement he was shocked that Hamas leaders "chose to welcome this attack."

The License Commission and a hearing officer appointed by the mayor are expected to jointly hear police complaints that the ShowBar strip club hired a 17-year-old as a dancer.

SPRINGFIELD -- The ShowBar, a downtown strip bar accused of hiring a 17-year-old dancer, asked the Springfield License Commission on Wednesday to schedule a formal hearing to answer that and other allegations filed in a police complaint.

Daniel Kelly, a Springfield lawyer representing the ShowBar, 240 Chestnut St., said he plans to call numerous witnesses to testify at the hearing and submit hundreds of pages of documents and records in defending the bar.

The hearing will consider if ShowBar was in violation of its liquor and entertainment licenses in allegedly employing the 17-year-old girl for a period of time in January and February before the girl's mother went to the club, calling police and putting an end to her employment there, according to the police reports.

Stephen Reilly, a city lawyer who represents the License Commission, said the city will also call multiple witnesses, including police, and he agreed it could be a long hearing, with some portion held in closed session to protect the rights of the minor.

According to police reports, the bar's manager of record, Caterina Amsden, claimed the girl used fake identification that belonged to a 24-year-old cousin. The police report, however, said the girl was receiving paychecks in her actual name, not the name of the cousin.

Kelly said he expects extensive paperwork to be submitted regarding the bar's employment records, and said the bar disputes "the city's version of events." He declined specific comment on the charges pending the hearing.

The hearing was tentatively scheduled for June 23, but the date will depend on the schedules of witnesses and representatives of the police department and city, and could change to a different date, city officials said.

Typically liquor and entertainment license hearings are held separately, with the commission considering liquor license violations and a hearing officer for the mayor considering any entertainment license violations. In this case, both sides agreed the meetings could be held jointly due to the volume of witnesses.

The violations, as alleged by police, include: posing/exhibiting a child in a state of nudity; permitting a person under 18 to work in a place where intoxicating/alcoholic liquors are sold; and delivering/selling alcohol to a person under 21; and distribution of narcotics, according to police.

The ownership is listed as Buddy's Pub LLC, doing business as ShowBar. Buddy's Pub lists Michael Brisbois as manager and resident agent, according to corporate records on file with the state.