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PM News Links: Whitey Bulger's lawyer wants more taxpayer money for defense, 130-year-old murder case ends, and more

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The suspect of the November 2009 shootings at Fort Hood, an Army base in Texas, will face the death penalty

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Defense lawyers for Eric Denson question the identificaton of their client in the fatal stabbing on Conor Reynolds

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The trial will move to Oct. 3 after a series of hearings.

AE_DENSON_2_6909048.JPGEric Denson at previous court appearance with lawyers Harry Miles and Bonnie Allen

SPRINGFIELD – Defense lawyers for the man accused in the fatal stabbing of Cathedral High School soccer star Conor W. Reynolds want to use a nationally-known expert to support their contention police secured a dozen faulty identifications of a suspect.

The lawyers say investigators turned to a “suggestive format” for witnesses to identify an assailant in the March 2010 homicide in the midst of what the defense describes as a “high-profile, publicity-generating case.”

Police in some cases presented to witnesses a still photograph which was captured from a video by a surveillance camera at a nearby convenience and which did not show the individual’s face, according to the defense.

“In this case massive confusion reigned, panic ensued and no one claimed he or she got a good look at the actual assailant,” attorneys Harry L. Miles and Bonnie G. Allen say in a motion filed in Hampden Superior Court on behalf of Eric B. Denson.

Denson, 21, has denied a charge of murder for the March 13, 2010 stabbing of Reynolds, a Cathedral student and soccer star, during a private but crowded party at a St. James Avenue nightclub.

The defense lawyers are asking a judge to block the identifications made by 12 witnesses in the prosecution’s case. They want to use testimony by Steven Penrod, a forensic psychology professor at John Jay College of Criminal Justice and a well-known expert in eye-witness reliability, to raise questions at trial about the police identification practices.

A hearing is set for July 26 at which Penrod is to be questioned about what his testimony will entail. A judge will then decide if Penrod can testify at pre-trial hearings regarding the defense’s bid to throw out some of the identifications made of Denson as the assailant. Those hearings are expected to take about a week and are slated to begin on Aug. 3. The trial date has now been moved to Oct. 3.

Penrod’s work has a particular emphasis on eyewitness reliability and juries, and he has written over 100 books and journal publications.

Hampden district attorney Mark G. Mastroianni, who is prosecuting the case, contends there is no precedent for use of an expert witness on eyewitness testimony at a hearing on motions to suppress – or throw out – identifications. Expert testimony on that subject, if allowed by a judge, is a matter to be addressed during a trial, he said in a motion filed with the court.

The defense has from the inception of the case said the accuracy of identifications of Denson will be a major issue.

“The evidence drives the conclusion that in this high-profile, publicity-generating case, the police became anxious when they could not identify the assailant,” Miles and Allen wrote in their motion. “As a result, when normal identification alternatives failed, they moved to the more suggestive format to increase the probability of success.”

For almost all of the 12 identification witnesses, the defense argues the young people who were at the party did not pick Denson’s picture from among hundreds of photographs shown them by police. Most also did not pick Denson’s photo from arrays with a smaller number of men’s pictures.

It was only when police showed the witnesses a still photograph captured from the surveillance video that many of the witnesses in question identified Denson as the person walking near the club, the defense contends.

The motion says Denson’s face is not visible in the still shot from the video camera, only his clothing.

“Most of the witnesses described the assailant by clothing; some were able to estimate height,” Miles and Allen wrote.

Denson also faces charges of assault and battery by means of a dangerous weapon in the case; one involves the attack on Reynolds and the other for the stabbing of another Cathedral student, Peter D’Amario. D’Amario was also wounded during the altercation at the Blue Fusion Bar & Grill, 487 St. James Ave.

D’Amario’s identification is among the 12 which the defense wishes to block from the trial.

Police said the now-closed Blue Fusion had an estimated 200 people attending a private birthday party for another student when the stabbings occurred. The club lacked licenses and permits for entertainment, food and beverages, city officials said.

Reputed gangster James 'Whitey' Bulger denies all 19 murder counts

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The arraignment came after Bulger’s lawyer J. W. Carney Jr. asked a judge to appoint his law partner to help him defend the 81-year-old Bulger.

This is an updated version of a story posted at 8 a.m.


Whitey Bulger police mug 62411.jpgJames 'Whitey' Bulger

BOSTON – Former reputed crime boss James “Whitey” Bulger pleaded not guilty Wednesday to a racketeering indictment that accuses him of participating in 19 murders.

The plea in Boston federal court Wednesday by Bulger, a former FBI informant, came 16 years after he fled following a federal agent’s warning on a separate, pending indictment.

Bulger escaped prosecution until he was captured last month in California.

JW Carney 7611.jpgJ. W. Carney Jr.

The arraignment comes after Bulger’s attorney asked a judge to appoint his law partner to help him defend the 81-year-old Bulger.

J.W. Carney Jr. was appointed last week after a magistrate judge found Bulger to be indigent. Carney is asking that attorney Janice Bassil be appointed to help him with a case he says has a “host of complex legal issues.”


More details coming on MassLive and in The Republican.

Blue Cross Blue Shield of Massachusetts to rebate $4.2 million to ratepayers to offset CEO's severance

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Attorney General Martha Coakley disclosed the decision following an investigation by her office.

BOSTON – The state’s largest insurer plans to rebate $4.2 million to its ratepayers to offset the cost of a controversial severance package to former chief executive Cleve Killingsworth.

Attorney General Martha M. Coakley disclosed the decision by Blue Cross Blue Shield of Massachusetts on Wednesday following an investigation by her office.

Coakley said the probe determined that Killingsworth was entitled to the hefty severance package under his contract with the insurer, but that such contracts were “costly both in dollars and public perceptions.”

Killingsworth resigned in March 2010 after five years on the job.

Blue Cross Blue Shield, a not-for-profit company, moved separately earlier this year to suspend pay for its board members, a practice that had also been sharply criticized by the attorney general.

CNN cancels Eliot Spitzer's prime-time program

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CNN has asked Spitzer about staying with the network as a commentator.

eliot spitzer canceledEliot Spitzer smiles during a news conference in this Thursday, Nov. 9, 2006, file photo in New York.

NEW YORK — Eliot Spitzer was bounced from CNN's prime-time lineup on Wednesday, his tenure as a TV host lasting less than half of his time as New York governor.

CNN reshuffled its schedule to add a new program by former CNBC personality Erin Burnett, move Anderson Cooper's flagship newscast into the tough 8 p.m. time slot and eliminate Spitzer's "In the Arena" program.

CNN has asked Spitzer about staying with the network as a commentator but no decision has been made, said Ken Jautz, executive vice president of CNN/US. Spitzer released a statement referring to his time at CNN in the past tense.

"We engaged serious people in conversations about national and global issues in a way that was informative and challenging," Spitzer said. "I believe that we provided diverse and valuable perspectives during the show's tenure. I thoroughly enjoyed my time at CNN."

Spitzer, who resigned in March 2008 a little more than two years into his term as New York governor amid a prostitution scandal, began his nightly show on CNN in October. At first he was paired on "Parker/Spitzer" with conservative columnist Kathleen Parker, who left in February. The show was then renamed "In the Arena" with Spitzer the lead personality.

It's in a tough time slot, where Campbell Brown, Connie Chung and Paula Zahn all found rough going before him at CNN. Spitzer's show averaged 595,000 viewers for the first six months of the year, compared to dominant competitor Bill O'Reilly at Fox News Channel, who averaged just under 3 million viewers. MSNBC, first with Keith Olbermann and then with Lawrence O'Donnell, averaged 984,000, the Nielsen Co. said.

Spitzer's average was actually up 8 percent over what the network had in that time slot over the first six months of 2010, but the trends were ominous. The show's June average was 457,000 viewers, while Nancy Grace on sister network HLN had 1.5 million viewers in June with her focus on the Casey Anthony trial.

"There has been improvement for that show but we wanted to see it do more," Jautz said. "We wanted to see it do better."

Cooper's 10 p.m. newscast has been CNN's most successful evening program, so it will now get the test at 8. Jautz called it CNN's flagship news program and said it made sense to air it at the critical prime-time hour. It also provides a contrast to commentary-focused shows with O'Reilly, O'Donnell, Grace and Keith Olbermann on Current TV, he said.

CNN will rerun Cooper's show at 10 p.m. on the East Coast for viewers used to it at that hour, Jautz said. He said it wasn't a sign of retrenchment for CNN to have a regular rerun in prime-time, and that Cooper will remake part or all of his show at 10 p.m. should breaking news warrant. Cooper's show will switch into that time slot on Aug. 8.

John King's current 7 p.m. show will move up an hour to make way for Burnett then. Wolf Blitzer's two-hour "Situation Room" will air from 4 to 6 p.m. Eastern time. Piers Morgan's show continues at 9 p.m.

CNN is shooting for a late September premiere for Burnett's new program, which doesn't have a name. Despite her business background at CNBC, her CNN show will be general interest, Jautz said.

"It will make use of her strength in that area, but it will not be a business show," he said.

Moving up the political shows by an hour will take advantage of breaking news then, particularly heading into an election year, he said.

Kay Tetreault of South Hadley to represent Massachusetts in Miss Teen USA pageant in Bahamas

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Fans can watch the pageant live online at www.missteenusa.com.

Kay Elizabeth Tetreault 7611.jpgView full sizeKay Elizabeth Tetreault

SOUTH HADLEY – Kay Elizabeth Tetreault will travel to the Bahamas next week to represent Massachusetts in the Miss Teen USA pageant.

The pageant, which will be held July 16 at the Atlantis Paradise Island Resort, follows Tetreault’s November win of the Miss Massachusetts Teen USA title.

The Miss Teen USA contest, associated with Miss Universe and Donald Trump, will not be shown on television this year. Fans can watch the pageant live online at www.missteenusa.com on July 16 at 8 p.m.

Miss Teen USA includes evening gown, swimsuit, on-stage question and (backstage) interview portions. There is no talent segment.

“It’s more of a showy type of (pageant),” Tetreault said as she prepared for the pageant. “I’m really excited and I feel confident that I know myself from going after the title (for Miss Massachusetts Teen USA) three times and finally winning it.”

Tetreault says she’s not nervous because the pageant is in the judges’ hands.

“I’m hoping to just go in and show I’m a passionate, independent, enthusiastic and dedicated person,” she said.

Tetreault has been busy since taking home the Massachusetts title last fall, with appearances at events and venues across the state.

“I usually have at least one event or appearance every weekend in the Boston area, central or western part of the state,” Tetreault said. “I have created my own anti-bullying presentation that I’ve been taking around the state to increase awareness to other teens.”

Tetreault, 18, recently graduated from South Hadley High School, which had been embroiled in controversy following the suicide last year of bullying victim, Phoebe Prince.

“I hope with the national title, if I were able to capture that, that I would be able to go national with my presentation,” she said. “I’ve put together different research reports with some of my own experiences.”

Tetreault is also involved in the Best Buddies program for young people with disabilities, as well as cancer fund-raising events across the state. She was feted on June 23 at a send-off party where area businesses, like Edible Memories and Taylor Rental, of South Hadley, donated services for the event.

Tetreault maintains a blog in which she writes about bullying and includes information about her appearances. She said she has received positive feedback from her stance against bullying.

“I’ve gotten numerous Facebook messages; it’s been touching,” she said. “If I can at least touch one person in that (bullying) situation, it’s good enough for me.”

Tetreault said pageants have given her wonderful opportunities.

“I thought about what I could do with the title and how I could inspire other teens,” she said. “It’s about being involved in your community and I really like that. It gives me that opportunity to reach out to teens and to help them.”

Tetreault has been accepted to Simmons College in Boston, where she plans to study nutrition. She is also interested in the film industry. If she were to win the title of Miss Teen USA, she says she would have the opportunity to study at the New York Film Academy for her freshman year. But she said she would take a year off if she wins the pageant.

Tetreault, who is the daughter of Luke and Laurie Tetreault, is confident about her prospects, but is also proud of all she has accomplished already as Miss Massachusetts Teen USA.

“I’ve done so much this year in regards to charity work,” she said. “Hopefully, I’m showing I can be a positive role model to teens across Massachusetts, and if I had the opportunity, nationwide.”

New England Public Radio closes fiscal year with record amount of listener contributions

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New England Public Radio set records in contributions from individuals and from businesses, officials announced.

WFCR_88.5Logo.jpg

AMHERST - New England Public Radio, WFCR 88.5FM and WNNZ 640AM, closed out its fiscal year on June 30 with a balanced budget in part due to a record-breaking $1,756,730 in listener donations, according to a statement issued by the station.

The total listener contributions were $107,000 higher than last year and exceeded the pledge-drive goal by $6,700 above the goal. It is the first increase in three years.

'"For several years now, listener contributions have been flat, averaging $1.65MM annually," said Cathy M. Ives, who leads the station's Development Department. "We're thrilled to see this $107,000 increase over last year, and hope we continue to see the same growth in years to come."

The station's underwriting program also broke records this year, bringing in $1.23 million from more than 300 local and regional businesses; an increase of over $30,000 from the previous fiscal year.

"We are very grateful for the support of our listeners, and community businesses and organizations," said Martin Miller, CEO and General Manager of New England Public Radio.

"Ninety percent of New England Public Radio's operating budget comes from this kind of community support. That we have exceeded our individual donor goal this year, only proves that public radio is an important and valued asset to those who live here in western New England."

New England Public Radio also announced $25,000 was contributed to the Community Foundation of Western Massachusetts' Tornado Relief Fund by PeoplesBank during the station's June Fund Drive.

The money was raised thanks to a special partnership between the station and PeoplesBank, which contributed $10 to the fund for each pledge made to New England Public Radio during the June 14-28 on-air drive. Funds raised will support local organizations that have either been directly impacted or are providing services to tornado victims.

Dispute over roaming cat leads to guilty plea in slashing of Holyoke apartment block tenant

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Kiara Colon will be sentenced after a report is prepared about her by the Probation Department.

SPRINGFIELD – A dispute that started over a pet cat allowed to roam in the halls of a Holyoke apartment building resulted in a 20-year-old woman pleading guilty Wednesday to slashing a 33-year-old woman’s face.

Kiara Colon, of Holyoke, pleaded guilty to assault and battery with a dangerous weapon causing serious bodily injury.

Assistant District Attorney Karen Southerland said the victim received stitches for three cuts to her face and has a permanent scar over the bridge of her nose.

Southerland argued to Hampden Superior Court Judge Tina S. Page the sentence for Colon should be two to three years in state prison.

Defense lawyer Jeffrey S. Brown wants Page to give Colon a 2½-year sentence at the Chicopee Women’s Correctional Center with one year to be served and the rest suspended with probation.

Page agreed to postpone sentencing a month while a report is prepared about Colon by the Probation Department.

Brown said Colon has no criminal record and reports she is bipolar.

Southerland said Colon went to visit her father Miguel Colon at his second floor 370 High St. apartment. The victim, who lives on the fourth floor, had seen Miguel Colon’s cat in the hall, a recurrent problem in the building, Southerland said.

The victim yelled down something about the cat, Southerland said, and Kiara Colon began yelling at the woman.

The victim came downstairs, and confronted Colon in the hall outside Miguel Colon’s apartment about why she was yelling.

“The defendant’s father came home as words were being exchanged and he got in between the two females. He tried to deescalate the situation and try to calm his daughter down,” Southerland said.

Shortly after Miguel Colon got in between the two women, Kiara Colon reached around her father and slashed the victim in the chin, forehead and the bridge of the nose.

Colon told police after her arrest she had felt threatened during the incident, Southerland said.


Shawn Fontaine, 17-year-old shot in standoff with Palmer police, denies assault charges

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Fontaine's court arraignment was held at his hospital bed instead of the courthouse due to the nature of his gunshot injuries.

This is an update of a story that was posted at 1:27 p.m. Wednesday

PALMER - A 17-year-old teen who was shot by Palmer police during a Monday night standoff while he was armed with an air gun was formally charged Wednesday with multiple weapons charges from his hospital bed at the University of Massachusetts Medical Center.

Shawn R. Fontaine denied the seven charges against him during an arraignment conducted in his hospital room, where he is recovering from two gunshot wounds, according to information issued by the office of Hampden District Attorney Mark Mastroianni.

He was charged with six counts of assault with a dangerous weapon and a single count of carrying a dangerous weapon.

mastro.JPGHampden DA Mark Mastroianni

Judge Paul F. Loconto ordered Fontaine be held in lieu of $20,000 cash bail or a $200,000 surety.

The Hampden County Sheriff’s Department will take charge of guarding Fontaine while he is hospitalized. He is expected to remain in the hospital for at least the next several days.

He is due in Palmer District Court for a pre-trial conference on July 29.

Fontaine’s lawyer is Michael Kallock of West Springfield.

Wednesday’s arraignment was held in the hospital instead of a courtroom because of the nature of Fontaine’s injuries. He was shot once in the chest and once in the ankle during a stand-off with police outside 22 Pinney St. in Palmer on Monday night.

A woman at that address called 911 to report that a man she knew and who had threatened her previously was outside the house and armed with a gun. She reported he was pounding on the door and demanding entry, according to Palmer police.

When police arrived minutes later, they spotted Fontaine who they said pointed a handgun at them, causing the officers to scurry for cover, according to police.

The standoff continued for several moments during which time Fontaine refused to obey repeated commands to drop the weapon, police said.

According to police, an officer opened fire, striking Fontaine twice, after he walked to within 10 feet of where the officer was positioned.

Officers on the scene did not know Fontaine was armed with a carbon-dioxide powered pellet gun until after he was in custody.

The shooting remains under investigation.

State police detectives assigned to Mastroianni’s office are investigating the shooting and the circumstances that led up to it.

RPFrydryk.jpgRobert P. Frydryk

No other information on the investigation will be released until it is completed, according to Mastroianni’s office.

The identity of the officer involved in the shooting remains secret.

Palmer Police Chief Robert P. Frydryk would say only that the officer is an eight-year-veteran of the department.

The officer has been placed on administrative leave pending completion on an investigation, Frydryk said.

“This is not a punitive action, but is standard police procedure of an incident of this type,” Frydryk said.

“I am confident that once it is complete, the district attorney’s investigation will establish what we firmly believe, that the officer acted appropriately and the use of force was justified given the circumstances,” he said.

Secretary of State William Galvin to move date of Massachusetts primary to avoid conflict with Jewish holiday

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Currently, the planned date of the state primary conflicts with the second day of Rosh Hashana.

By MATT MURPHY
BOSTON - The date of the 2012 state primary election will be moved and could be rescheduled to a Wednesday or Thursday to avoid a conflict with the Jewish observance of Rosh Hashana, Secretary of State William Galvin said Wednesday as a top Senate lawmaker called the current election calendar “problematic.”

According to the calendar posted on Galvin’s website, the state primary in 2012, when voters will be asked to decide Democratic and Republican races for U.S. Senate, the U.S. House of Representatives and the Legislature is scheduled for Tuesday, Sept. 18.

That date coincides with the second day of Rosh Hashana, a two-day observance of Jewish New Year that starts at sundown on Sunday and ends at sunset on the 18th.

Barry Finegold.jpgBarry Finegold

“I see this as very problematic,” Sen. Barry Finegold said. “There are people who literally won’t travel to the polls on that day for religious reasons and we don’t want to deprive anyone of the ability to vote.”

Galvin, the state’s top elections official, said the issue had already been brought to his attention, and though he could not commit to a new date he said there was no question that the election would be moved.

“We’ve moved it before. We’ll move it again. Obviously we can’t have it conflict with Rosh Hashana,” Galvin told the News Service in response to an inquiry placed with his office.

Finegold, an Andover Democrat of Jewish faith and the Senate co-chair of the Committee on Election Laws, suggested that the primary be held one week earlier on Sept. 11, the 11-year anniversary of the terrorist attacks that left thousands of Americans dead. Finegold noted that holding a primary on Sept. 11 would be precedent-setting.

“I think if anything it would be really symbolic,” Finegold said. “When events were happening, Secretary Galvin, to his credit, didn’t call off the special election with Steve Lynch, and it shows you no matter what happens it doesn’t deprive us of our freedoms.”

Finegold was referring to the special primary election held Sept. 11, 2001 and won by U.S. Rep. Stephen Lynch following the death of Joseph Moakley. Despite the turmoil created by the terrorist attacks in New York and Washington using planes that took off from Logan Airport, Galvin allowed the election to proceed that day.

Galvin said he would not have a problem conducting another election on Sept. 11 despite the many memorial services and observances traditionally held on the anniversary of the attacks.

“That is not a problem, but what may be a problem is the availability of public buildings,” Galvin said. The secretary said he would work with municipalities to find a suitable alternative when polling locations would be available, committing only to a primary earlier rather than late than the currently scheduled date.

“It’s going to be earlier than the 17th. That I can tell you that,” Galvin said, leaving open the possibility of holding the election on a Wednesday or Thursday instead of the traditional Tuesday election, if it fit with municipal schedules.

Settling on a new date for the election, however, could take some time as Galvin said he is currently focused on making sure the redistricting process is completed in time to avoid a disruption in signature filing deadlines and delegate selection for the presidential primary scheduled on March 6.

“It’s not the most immediate issue [we] have regarding the 2012 election,” Galvin said of the Rosh Hashana conflict. “The most immediate need we have is creating districts for people to run in.”

Galvin said he anticipated the reprecinting process to be completed by the end of July when maps will be handed over to the Redistricting Committee to begin the process of redrawing Congressional and legislative district lines.

Galvin said he would like the Legislature to approve a new political map before the end of September to allow time for legal challenges.

Elana Margolis, director of government affairs for the Jewish Community Relations Council of Greater Boston, called Rosh Hashana “one of the holiest days of observance in the Jewish tradition” and said holding an election on second day of the holiday created a “significant problem” for many members of the community to vote.

“We are aware it was scheduled for the second day of Rosh Hashana and have been working with members of the Legislature who are also concerned about the date and are confident there will be resolution to this,” Margolis said.

Newton Mayor Setti Warren, the leader of city with a significant Jewish population and one of seven Democrats vying for the nomination to run against U.S. Sen. Scott Brown, said, “This is obviously a serious issue.”

“We want to make sure that everyone has the opportunity to get to the polls on Election Day. I am sure that Massachusetts elections officials will take a close look at this issue, and that they will listen closely to the concerns of the Jewish community,” Warren said.

Northampton City Council to vote on national black Revolutionary War memorial

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As part of the Northampton resolution, the city encourages volunteers to unearth the names of other local black Revolutionary War veterans for a national database.

maurice_barboza.jpgMaurice A. Barboza is heading a drive to build a national memorial in Washington, D.C. to slaves and free blacks who served as patriots in the Revolutionary War.

NORTHAMPTON – Daniel Alvord. Samuel Blackman. Thomas Clark. Historians have had to scratch to come with their names, but these and seven other black men from Northampton fought in the Revolutionary War, and the City Council is hoping to throw its support behind an effort to memorialize them.

When it meets on Thursday, the council will take up a resolution to support a national memorial in Washington, D.C., to the estimated 5,000-10,000 slaves and free blacks who served as patriots in the War of Independence. Should the resolution pass, Northampton would join several dozen communities in Massachusetts and Connecticut that have thrown their weight behind the project.

According to research compiled by the Daughters of the American Revolution, 10 black men from Northampton fought for independence between 1775 and 1783. They were joined by black patriots from Hadley, Hatfield and Amherst. In all, Massachusetts supplied about 31 percent of that war’s black soldiers, the research shows.

The local resolution pledges support for the National Liberty Memorial to African Americans of the Revolutionary War, a privately-funded project tentatively located near the National Mall in Washington. Legislation authorizing the memorial is currently before Congress. The National Mall Liberty Fund has contacted every municipality in the former colonies that sent black soldiers off to the Revolutionary War, urging them to support the cause.

Council President David J. Narkewicz said he called Northampton’s Veterans Agent Steven Connor after the city received an e-mail on the topic last month.

“He said it was something we should do,” Narkewicz said.

In a telephone interview from his home in Virginia, Maurice A. Barboza, who is heading the drive, explained how the idea for the memorial evolved out of his personal research. Barboza, who has both black and white ancestry, first became interested in the subject while looking for information about his black great grandfather, a Maine resident who fought in the Civil War. Soon he was tracing both his black and white ancestors.

His white forebears proved easier to track, Barboza said. He was able to trace them all the way back to the 1600s in Watertown. Because some of them were patriots, Barboza was invited to join the Sons of the American Revolution.

Barboza said he was taken aback, however, when the Daughters of the American Revolution rejected his aunt, who is black. Lawyers were called in and the organization ultimately agreed to accept members regardless of their race, he said. It also pledged to research minorities who fought in the Revolutionary War. Among the results was the book “Forgotten Patriots: African American and American Indian Patriots in the Revolutionary War.” The book included the names of hundreds of black soldiers.

Meanwhile, Barboza formed an organization called the Black Patriots Foundation, which succeeded in obtaining land on the National Mall after Congress approved legislation for a memorial in 1984. Four years later, President Ronald Reagan authorized a memorial to be located between the Washington Monument and Lincoln Memorial.

The project stalled, however, and finally fell apart amid what Barboza called “internal bickering” among the Black Patriots Foundation. In 2003, Congress placed a moratorium on new monuments in the National Mall. Although Barboza’s project was grandfathered, it eventually lost that status and he had to start from scratch.

In May, senators Joseph Lieberman of Connecticut and Charles Grassley of Iowa introduced new legislation for the National Liberty Memorial. Although it will not be located on the National Mall, Barboza said his organization is working with the National Park Service to obtain a site nearby. Most of the money for the memorial is expected to come from private sources. Barboza said it is difficult to predict the cost but estimated it could be as high as $14 million.

As part of the Northampton resolution, the city encourages volunteers to unearth the names of other local black Revolutionary War veterans for a national database. It would also send certified copies of the resolution to every member of the Massachusetts congressional delegation, Gov. Deval Patrick and the local school superintendent, librarian and historical society. Although research has already uncovered the names of 5,000 black patriots, Barboza said there are believed to have been twice that number.

Air National Guard 104th Fighter Wing Homeland Security mission temporarily relocating to Westover Air Reserve Base

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The military is paying to repair the main runway at Barnes Regional Airport in Westfield.

082210_barnes_104th_fighter_wing_f-15_takeoff.JPGView full sizeAn F-15 fighter jet from the 104th Air Wing at Barnes Regional Airport in Westfield takes off.

WESTFIELD – The Air National Guard’s 104th Fighter Wing will temporarily move its Homeland Security operations to Westover Air Reserve Base in Chicopee to allow runway repairs at its base at Barnes Regional Airport.

The move is scheduled for the middle of this month to mid-August, allowing repairs to both ends of Barnes’ main 9,000 -foot runway used by the wing.

The Air Force Reserve’s 439th Airlift Wing at Westover will provide runway use to the 104th Fighter Wing during the month-long relocation, Lt. Col. James G. Bishop, public affairs chief for the 439th said Wednesday.

Maj. Matthew T. Mutti, executive officer for the 104th Fighter Wing, said the relocation will allow Air National Guard pilots and their F-15 Eagle tactical fighter jets to continue their Homeland Security mission in the Northeast.

Airport manager Brian P. Barnes said runway repairs will include the replacement of two strips, each measuring 80-feet by 1,000-feet at each end of the main runway.

“The work is designed to give us another two to three years of runway use before it must be completely reconstructed,” said Barnes.

Cost of the repairs is estimated at $700,000, which Barnes said will be borne by the military.

Barnes is working with the Federal Aviation Administration, Massachusetts Department of Transportation and Massachusetts Air National Guard to develop plans for major repairs to the runway surface.

That will range from resurfacing the main runway to a complete reconstruction project within the next three years, he said.

Estimated cost for that project ranges from about $7 million to $20 million.

The 104th Fighter Wing began its Homeland Security mission in February 2010 throughout the Northeast.

Mutti said pilots assigned to the security mission will conduct local training flights from Westover during the relocation and “they may fly at odd hours due to their role in homeland defense.”

Buttery Brook Park in South Hadley gets a surprise $250,000 grant from state

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The park has covered pavilions, picnic tables, sports areas, grills, a playground and domesticated animals that visitors can feed.

SOUTH HADLEY – The state Department of Conservation and Recreation has awarded $250,000 to Buttery Brook Park, according to Town Administrator Paul Beecher.

“It’s a very welcome surprise,” said James Reidy, superintendent of the Department of Public Works in South Hadley and vice president of the Friends of Buttery Brook Park. “We’re going to be working with the Recreation Department to decide how to use this grant.”

Buttery Brook Park is a leafy natural setting that includes covered pavilions, picnic tables, sports areas, grills, a playground and domesticated animals that visitors can feed. It’s at 123 Willimansett St. (Route 33), and is open April through November.

The park is “a little gem,” said Andy Rogers, director of the Recreation Department in South Hadley.

He said the park, whose land was deeded to the town in 1959, no longer has any water-based entertainment, so that might be an option.

A swimming pool was demolished a few years ago. Even before the demolition, the town had applied to the state for funding to create a wading pool or spray park. Nothing came of that application.

Then, in June of this year, the DCR got in touch with the town to encourage it to apply again. Rogers rushed to complete the application process by the deadline, and his efforts were rewarded. “It’s really exciting,” he said.

“We’ve been given no timetable to spend the money, so we’re going to sit down and talk about it.”

He keeps coming back to the idea of a water facility. “We’re a pretty good-sized town,” he said, “and the Spray Park at the Beachgrounds is very, very heavily used. Residents would enjoy having a second place like it in town.

“Whatever we do,” said Rogers, “the $250,000 will be put to good use.”

Agawam City Council authorizes $60,000 for design, structural study of new roof at Junior High School

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City officials say it could cost as much as $1.7 million to put a new roof and install new windows and doors on the school.

AGAWAM – The City Council voted unanimously Tuesday on an emergency basis to appropriate $60,000 to pay for designs and a structural study for a new roof on Agawam Junior High School in order to meet a state deadline to be eligible for about $1 million in reimbursement.

The council took the vote after hearing from Patricia A. Cavanaugh, assistant school superintendent for business and human resources. She told the council that the city must get designs done by Aug. 15 in order to maintain eligibility for a Go Green grant from the Massachusetts School Building Authority for about $1 million for the project, now estimated at $1.7 million.

City Councilor Robert E. Rossi initially expressed qualms about taking an emergency vote, saying, “It is no secret we have needed a new roof for a very long time. I don’t think this is the council’s emergency.”

City Councilor Gina M. Letellier countered that instead of playing the “blame game” and trying to figure out who may have made an error the council should just approve the funding.

“We can’t say no to this kind of money in this kind of economy,” Letellier said.

Several other councilors also expressed that sentiment.

“I don’t want to lose the state funding on this,” City Councilor Robert A. Magovern said.

Cavanaugh said the project took longer that expected because the state did not tell the city until mid April that it had to get votes from both the City Council and the School Committee authorizing spending $15,000 to hire a so-called owner’s project manager. An owner’s project manager is an official who works exclusively for a municipality, looking out for its interests.

Meanwhile, Mayor Richard E. Cohen said Wednesday he is very pleased the council approved the funding. He said the Junior High School is more than 40 years old and has not had any major work done on it.

The Go Green grant will also pay for new doors and windows for the structure to make the building more energy efficient.

Putting on a new roof has been a capital improvement city officials have wanted to see done for some years now, Cohen said.

The vote had to done on an emergency basis to allow the council to approve the measure without a second reading as waiting until the council’s Aug. 1 meeting would be too late to get designs and a structural study done in time to meet the state’s deadline, according to Cohen.

A random sampling of 'Ask Obama' tweets from the president's debut 'Twitter Town Hall'

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More than 61,000 questions were tweeted during President Obama's debut "Twitter Town Hall." Not all of them were winners.

twittertownhall.jpgPresident Barack Obama expresses annoyance at the presidential laptop during the "Twitter Town Hall" in the East Room of the White House in Washington, Wednesday.


President Barack Obama on Wednesday became the first president to conduct what was called a "Twitter Town Hall," in which ordinary people from around the globe could ask the president questions over the popular social medium and he would answer them.

Questions labeled with the hashtag "#askobama" would come in over Twitter, and the president would say - rather than type - a response and the whole thing was broadcast from the White House over the Internet.

That was how it was supposed to work, but realistically, there are just so many questions anyone can answer in a little more than an hour's time.

In the end, the president answered just 18 questions, a tiny fraction of the several thousands of questions that were asked, according to the Associated Press.

Twitter specializes in short dispatches. Really short. Each individual message - or tweet - can be no more than 140 characters long or else.

That means a single tweet may not be any longer than the preceding paragraph.

Right off the bat, the president's first response was just was over the 140-character limit. Way over. The Associated Press calculated that if the president tried to tweet his first answer, it would have been 2,300 characters long.

At one point, Obama conceded that perhaps brevity is not his strong suit.

"I know, Twitter, I'm supposed to be short," he said.

White House spokesman Jay Carney brushed the criticism aside, saying "He's the leader of the free world. He decides how short his answers will be."

The Miami Herald said that as far a presidential adaptations of technology goes, Obama's Twitter town hall is comparable to FDR's fireside chats over the radio, or JFK reaching out to people over television.

When it was all said and done, 140 characters at a time, the Twitter town hall received 169,395 questions. More than 94,000 tweets, some 61,000 of them questions, were sent during the 1-hour window that the president was fielding questions, according to the Mashable website

Twitter reported the questions could be categorized according to the following areas: Jobs, 32 percent, taxes, 18 percent, the budget, 18 percent, and education, 11 percent.

The remaining 29 percent? Anything goes.

Below is a random sampling of questions picked out of Twitter's #askobama stream. There were undoubtedly countless more.

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Evening thunderstorms result in wires down on East Street in Ludlow

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The thunderstorms had moved out of the area by 8:45 p.m.

LUDLOW – Police Wednesday night were keeping traffic away from a guardrail along East Street leading to Miller Street where thunderstorms resulted in wires down across a guardrail.

Thunderstorms were reported in Ludlow and Springfield shortly after 8 p.m. and had moved out of the area by 8:45 p.m.


Greater Springfield and New England Patriots team for tornado fundraising touchdown

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Former Patriots linebacker Andre Tippett said community members raised $122,131.50, and with a $100,000 match from the Patriots, the Massachusetts Statewide Disaster Relief Fund added $222,131.50.

070611 andre tippett william gagnon.JPGView full sizePro football and New England Patriots Hall of Famer Andre Tippett, right, shakes hands with William Gagnon of Excel Dryer Corp. in East Longmeadow as Gagnon dropped off a $5,000 check at the United Way of Pioneer Valley Office during a press conference at which it was announced more than $200,000 was raised for Massachusetts tornado relief through a fund drive launched with a pledge of $100,000 in matching funds from the family of Patriots owner Robert Kraft, through the New England Patriots Charitable Foundation.

Updates a story posted Wednesday at 11:52 a.m.


SPRINGFIELD – After being pummeled by last month’s freak tornadoes, Greater Springfield received a challenge from an organization with a history of delivering hard hits: The New England Patriots charitable foundation pledged $100,000 if tornado-damaged communities could match the figure.

In just two weeks, the matching $100,000 has been collected, with an extra $22,131.50 thrown in, the Patriots and the Pioneer Valley United Way announced Wednesday.

Former Patriots linebacker Andre Tippett said members of the community raised $122,131.50, bringing the total raised for the Massachusetts Statewide Disaster Relief Fund to $222,131.50.

“In early June we joined people across the nation as we watched our televisions and were stunned that the tornadoes hit so close to home,” said Tippett, executive director of community affairs for the Patriots.

The announcement was made at a press conference in front of the United Way of Pioneer Valley on Mill Street. A tree on the lawn there bore damage from the tornado that ripped through the South End on June 1.

Denise R. Jordan, chief of staff for Mayor Domenic J. Sarno, praised those who contributed “because they stepped up to the plate and thought about Western Massachusetts.”

Jordan said the city is moving from a stabilization phase to a rebuilding phase as it continue to recover from the June 1 tornado. “Debris collection is on-track and ready to go,” she said.

Jordan also thanked the victims of the tornadoes for their “resilience and patience during this troubled time.

Dora D. Robinson, United Way of Pioneer Valley president and chief executive officer, said the monies raised and matched will make a significant difference to the community “as we move from relief to rebuilding.”

Ae united 2.jpgJim Cieslar, vice president of operations for United Way Tri-County and Dora D. Robinson, United Way Pioneer Valley president and chief executive officer, detail contribution of more than $220,000 for tornado relief made through $100,000 in matching grant from the New England Patriots and community members.

Donations included:

• $26,293 from Greater Springfield Visitor and Convention Bureau and Massachusetts Restaurant Association.

• $10,000 from Waters Co.

• $10,000 from Savings Bank Life Insurance

• $8,500 from Par Electric, Watkins Strategies, McVac Environmental, Longfellow Drilling, The Spear Group, and Quanta Energized Services.

• $5,000 from Excel Dryer

• $1,800 from Patriot’s Alumni Association

• $776.50 from the town of East Longmeadow.

Also Wednesday, neighborhood councils from the city’s hardest-hit sections received $1,000 each courtesy of the City Council and sponsors who supported a tornado relief cookout last week.

Representatives from South End, East Forest Park, Upper Hill and Maple-High-Six Corners neighborhoods were handed checks at City Hall from City Council President Jose F. Tosado and Councilor Kateri B. Walsh, organizers of the June 29 fundraiser at Court Square.

Initially, Walsh hoped to raise $500 for each group, but was pleasantly surprised by the turnout.

“We exceeded our expectations,” she said, noting the total raised, $4,114, doubled her initial goal.

Councilors Timothy Allen, Melvin A. Edwards, E. Henry Twiggs and John A. Lysak, who represent storm-damaged areas, also participated in the event and thanked cookout sponsors, including Elegant Affairs, the Spirit of Springfield, Baystate Health, the MassMutual Center and the Community Music School.

070611 andre tippett pete brock.JPGAndre Tippett, left, and Patriots Alumni Club President Pete Brock were on hand at the United Way of Pioneer Valley Office in Springfield.

Other contributors included the Hampden County Sheriff’s Department, the culinary arts department at Putnam Vocational High School, the Springfield Business Improvement District, O’Brien’s Corner, Russ’s Cafe, Friendly Restaurants.

Also, Performance Food Group; Rock 102, WHYN AM and WMAS FM; GB Enterprises, Aldi Supermarket, Wonder Bread and Staples Copy and Print Center.

Summing up the spirit of the gathering, Richard F. Devine, the sheriff department’s director of operations, recalled a conversation with a resident shortly after the tornadoes.

“He said I lost my fence, but now I know who my neighbor is,” Devine said.

The Entergy Charitable Foundation has committed to a $15,000 contribution to the American Red Cross to assist with disaster relief efforts following the tornadoes.

The contribution represents a combined donation from Vermont Yankee Nuclear Power Plant in Vernon, Vt.; the Pilgrim Nuclear Power Plant in Plymouth, and Entergy corporate headquarters based in New Orleans. Entergy owns both Vermont Yankee and Pilgrim, which have employees who live in the affected region.

“We are very grateful for this very generous collective gift,” said Paige Thayer, deputy director of chapter support for the American Red Cross Pioneer Valley Chapter.

“The compassion of individuals and organization both near and far is so heartwarming as our community works toward recovery following these horrific tornadoes.”

California moves to control health insurance rates

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California AB52 would give state officials the power to reject proposed health insurance rate increases.

070611 california health insurance.jpgAssemblyman Mike Feuer, D-Los Angeles, left, talks with state Sen. Mark DeSaulnier, D-Concord, after presenting his measure to the Senate Health committee that would give California officials authority to reject health insurance rate increases at the Capitol in Sacramento, Calif., Wednesday, July 6, 2011. if approved by lawmakers and signed by the governor, Feuer's bill would allow the insurance commissioner or the Department of Managed Health Care to reject health insurance rate increases they deemed excessive. The health committee voted 2-2- along party lines but voting had not concluded and four absent Democrats were expected to add their votes. Also seen are Assemblyman Jared Huffman, D-San Rafael, second from left, and Insurance Commissioner Dave Jones, second from right, who supported the measure. (AP Photo/Rich Pedroncelli)

By ADAM WEINTRAUB

SACRAMENTO, Calif. — A California legislative committee on Wednesday narrowly approved a bill that would give state officials the power to reject proposed health insurance rate increases, but even some supporters said it will need major changes to survive.

The Senate Health Committee voted 5-3 along party lines to advance the bill, AB52, with Democrats in favor and Republicans opposed. It will go before another committee before coming to the full Senate.

The debate has implications across the United States. California regulations have national influence and the state, home to one in eight Americans, makes up 11 percent of the national market for those with health insurance through an employer and 15 percent of those with individual coverage.

Groups representing insurers, doctors and hospitals oppose the bill.

Backers include organized labor, advocates for low-income Californians and state Insurance Commissioner Dave Jones, a Democrat. Jones' office would gain new leverage over health insurance rates if the bill passes and Gov. Jerry Brown, also a Democrat, signs it.

The bill faced an end-of-the-week deadline for committee approval, but its fate is uncertain. It has drawn no substantive Republican support and Democratic backing is wobbly amid strong lobbying by the politically influential opponents.

Health committee's chairman, Sen. Ed Hernandez, D-Baldwin Park, pushed for significant changes to the bill before he would support it, but he voted for the measure Wednesday to keep it alive while negotiations over amendments continue.

"While I have had some concerns on your bill, I do support regulation," Hernandez said.

He said he wants amendments to address concerns about political influence in decision making, whether outside parties could intervene in a rate case, identifying the medical costs that are built into insurance rates, and other matters before he will fully support the bill.

Sen. Tony Strickland, R-Thousand Oaks, called the bill deeply flawed and rattled off a list of concerns he had with the claims of backers.

He said insurers have been accused of gouging the public with high rates, but the companies have relatively low profit rates compared to pharmaceutical and medical device companies. Those medical cost drivers, he said, made a purely regulatory approach misguided.

"The author and sponsor have said much about this bill, but reality does not square with some of the rhetoric," Strickland said.

By attempting to regulate rates without addressing use and cost of medical care, the bill would reduce the amount of care available to patients, Strickland said.

Jones said insurers can choose statistics that make their profits appear smaller, but by other measures the profit margins may top 20 percent.

"We remain concerned that the insurers will continue to push for poison-pill amendments," Jones said outside the committee room. He and the bill's author, Assemblyman Mike Feuer, praised Hernandez for his willingness to keep the bill alive while amendment talks continue.

"The bill matters," said Feuer, D-Los Angeles. "People are choosing between paying the mortgage and paying for coverage."

Other backers joined in the kudos for Hernandez, including The Greenlining Institute.

"California health insurance premiums have gone up at five times the overall inflation rate, bleeding consumers and small businesses dry," said Carla Saporta, the group's health program director.

A group representing insurers noted that the U.S. Department of Health and Human Service recently issued a letter saying California already has effective rate review, and that other insurance changes in the state should be allowed to work before lawmakers tinker any more.

"AB52 is unnecessary because existing state and federal laws already offer consumer protections," said Patrick Johnston, president of the California Association of Health Plans.

Facebook launches video calls using Skype, group chat features

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Facebook CEO Mark Zuckerberg, 27, said the company is embarking on "launching season 2011."

By BARBARA ORTUTAY | AP Technology Writer

070611 mark zuckerberg.jpgFacebook CEO Mark Zuckerberg, left, watches a demonstration of Video Chat during an announcement at Facebook headquarters in Palo Alto, Calif., Wednesday, July 6, 2011. (AP Photo/Paul Sakuma)

NEW YORK — Quick on the heels of Google's launch of its latest social-networking venture, Facebook said Wednesday that its 750 million users will now be able to make video calls on the site.

The feature will be powered by the Internet phone service Skype. Facebook also redesigned its chat feature, so that the people a user messages the most often show up first.

To make video calls, Facebook users with webcam-equipped computers have to select the friends they want to chat with. In the chat window that pops up, clicking on a small blue video icon brings up the video chat feature. Currently there is no option to video chat more than one person. That feature is available on Google Plus, a social service that Google began testing last week with a small number of invited users.

Facebook is also adding a group chat option. This works much the same way as the group chat on Google Plus. Once you are chatting with one friend, you can click an icon to add more people to the conversation.

Facebook's new products come after a relatively quiet period for the world's largest online social network. Facebook CEO Mark Zuckerberg, 27, said the company is embarking on "launching season 2011." Users can expect "a lot of stuff coming out" from Facebook in the next couple of weeks and months, he said at an event at the company's Palo Alto, Calif., headquarters.

Facebook updated its user count — to 750 million users worldwide — for the first time since last summer, when it reached half a billion people. Zuckerberg said that's because "we don't think it's a metric to watch anymore."

Rather, Facebook is paying more attention to how much its users are sharing with one another. That number is growing at a much faster rate than its monthly user base. Currently, people share 4 billion items, such as photos, status updates and links, every day using Facebook.

Without mentioning Google by name, Zuckerberg said that "independent entrepreneurs and companies focused on one particular thing will always do better than companies that try to do everything."

For Facebook, that one thing has been creating an online social infrastructure that other companies, such as Skype, can then add their own products to.

Skype has agreed to be bought by Microsoft Corp. for $8.5 billion in a deal expected to close by the end of the year. Microsoft owns a small stake in Facebook.

Christian Karl Gerhartsreiter -- 'Clark Rockefeller' -- extradited from Massachusetts to California to face murder charge

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Gerhartsreiter was taken from the Massachusetts Correctional Institution prison in Shirley, where he was serving a 4- to 5-year sentence in a kidnapping case, and put on a plane to Los Angeles.

051810 Christian Karl Gerhartsreiter.JPGChristian Karl Gerhartsreiter, who called himself Clark Rockefeller, enters Suffolk Superior Court in Boston last year. (AP Photo/Ted Fitzgerald, Pool)

By RODRIQUE NGOWI
and THOMAS WATKINS

LOS ANGELES — A German man who for decades claimed to be a member of the famous Rockefeller family was heading to California on Wednesday to face a murder charge, after authorities plucked him from a Massachusetts prison where he was serving time for a 2009 conviction in the kidnapping of his 7-year-old daughter.

Christian Karl Gerhartsreiter came to the United States in the 1970s and assumed many identities, including Clark Rockefeller, a supposed heir to the Rockefeller oil fortune.

He was taken Wednesday from a state prison in Shirley, Mass., where he was serving a four- to five-year sentence in the kidnapping case, and put on a plane to Los Angeles. He was expected to arrive Wednesday evening, Los Angeles County sheriff's spokesman Steve Whitmore said.

"It has taken us a long time to get here," Whitmore said. "Now we are finally here."

Gerhartsreiter was due to be arraigned Friday in Los Angeles Superior Court on a first-degree murder charge stemming from the 1985 killing of Jonathan Sohus, Whitmore said. He said he expected bail to be set at $10 million.

One of Gerhartsreiter's Boston attorneys, Jeffrey Denner, said his client will plead not guilty.

Detectives in California had long considered Gerhartsreiter a person of interest in the death of 27-year-old Sohus, a former landlord who mysteriously disappeared with his wife, Linda, in 1985 at the same time a German man using the name Christopher Chichester was staying in a guest house on their property in the wealthy Los Angeles-area enclave of San Marino, prosecutors said. The man left town soon after the couple disappeared.

Skeletal remains were found in the backyard of the couple's home in 1994 when new owners were excavating for a swimming pool. Those bones were thought to belong to Jonathan Sohus. His wife is still missing.

In May, Gerhartsreiter agreed to return to California to face the murder charge. He could face 26 years to life in prison if convicted.

"We're all anxious to get this going. It's time for it to be resolved," Denner said. "He continues to maintain that he had nothing to do with the murder of Mr. Sohus."

Because of the notoriety of his case, Gerhartsreiter will be kept away from the general jail population when he arrives in Los Angeles, Whitmore said. He did not say which jail the suspect would be sent to, citing security concerns.

Gerhartsreiter came to the U.S. as a teenager. Through the years, he told friends and acquaintances he was a physicist, an art collector, a ship captain and a financial adviser who renegotiated debt for small countries.

At his kidnapping trial, prosecutors said Gerhartsreiter used aliases to move in wealthy circles in Boston, New York and Los Angeles. His strange story has become the subject of a TV movie.

Gerhartsreiter's lawyers claimed during the 2009 trial that he was suffering from a delusional disorder and was legally insane when he snatched his daughter during a supervised visit in Boston following a bitter divorce from his wife. Prosecutors portrayed him as a master manipulator who used multiple aliases and told elaborate lies about his past.

Gerhartsreiter used several aliases during his time in San Marino, including Christopher Chichester.

Denner has said Gerhartsreiter said he "has no idea" what happened to Jonathan and Linda Sohus and insists he had nothing to do with the couple's disappearance.

Denner previously said Gerhartsreiter recalls renting a guest house from Sohus' mother, but said he had "very limited contact" with the family.

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