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Holyoke police arrest man suspected of being involved in numerous shooting incidents

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A suspect in a number of shooting incidents was arrested by Holyoke police on Thursday.

HOLYOKE — Police have arrested a man believed to have been involved in a number of recent shooting incidents in and around Holyoke.

Juan Luis Roman, 27, of Holyoke, was taken into custody at an apartment in The Lyman Terrace Public Housing Complex around noon on Thursday.

Agents from a number of different law enforcement agencies were involved in the arrest – including detectives from the Holyoke Police Department and agents from the State Police Violent Fugitive Apprehension Unit.

During the course of the arrest, detectives also recovered a loaded Walter PK .380 semi-automatic handgun.

Police have said that no one was injured in the numerous shooting incidents Roman is suspected of being involved in, though both a house and a car were hit by gunfire.

Roman has been charged with possession of a firearm without a license, as well as possession of ammunition without an FID card.

Roman is scheduled to be arraigned in Holyoke District Court on Friday. His bail is $250,000.


Hampshire County sheriff candidate Kavern Lewis' record thrown into question

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Hampshire County sheriff candidate Kavern Lewis has claimed that he's held a number of positions in law enforcement over the years, but a report in the Daily Hampshire Gazette has thrown his claims into question. Watch video

NORTHAMPTON — The public record of Democratic Hampshire County sheriff candidate Kavern Lewis has come under fire, after the Daily Hampshire Gazette reported that many of positions listed on Lewis' resume were not corroborated by the agencies he claims to have worked for.

Lewis said on his website and in interviews that he has "10 years combined experience" in law enforcement and private security, including periods in which he worked as an honorary sheriff's deputy at several different departments, as a law enforcement officer in South Carolina and Washington, D.C., and as a corrections officer in New Hampshire and Vermont.

The Metropolitan Police Department in Washington and the Charleston sheriff's office in South Carolina — both agencies that Kavern claims to have worked for — denied having any record of his employment.

Similarly, Lewis' claims about the duration of many of his positions have not been corroborated. The candidate's claim that he worked as a correctional officer in Vermont for two years — from June 2013 to June 2015 — were not backed up by the state's Department of Corrections, which said Lewis worked there for "about five months."

The candidate also worked as a corrections officer in Cheshire County, New Hampshire, but an official from that agency said that Lewis' tenure was "very brief."

Lewis stood by his earlier statements about the positions he had held and the duration he had held them. "I know in my heart what I did and what my work history is," the Gazette quoted Lewis as saying.

Lewis also denied that his brief tenure at a number of positions had anything to do with him being fired, and said that he had left of his own volition.

Lewis' campaign didn't immediately return The Republican's calls for comment on this story.

Seen@ Photos from the final summer concert in West Springfield

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Joey Milardo & the Musical Cavaliers performed at Landmark at Monastery Heights on Thursday evening.

The West Springfield Parks and Recreation Department featured the Joey Milardo & the Musical Cavaliers at Landmark at Monastery Heights on Thursday evening. This was the final installment of the West Springfield Family Summer Concert Series.

The Cavaliers specialize in polkas, Latin and ballroom music. The band comprises Joey Milardo on bass, Stan Scott on accordion, Jim Turyk on trumpet, Greg Dolecki on saxophone and John Daigle on drums.

Landmark at Monastery Heights is an assisted senior living community. Residents enjoy concerts, outings, scrap-booking, live entertainment and more.

For more information on West Springfield Parks and Rec, visit www.wsparkandrec.com. For more information on Joey Milardo & the Musical Cavaliers, visit www.facebook.com/musicalcavaliers. For more information on Landmark visit landmarkseniorliving.com.

Open to marijuana legalization, Sen. Elizabeth Warren says substance should be safely regulated in Massachusetts

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Marijuana is "widely available" in Massachusetts due to decriminalization but there's little regulation of the drug, Sen. Elizabeth Warren said Thursday, explaining why she is open to supporting legalization. Watch video

BOSTON - Marijuana is "widely available" in Massachusetts due to decriminalization but there's little regulation of the drug, Sen. Elizabeth Warren said Thursday, explaining why she is open to supporting legalization.

"Massachusetts is in a very difficult position, because we have decriminalized marijuana, but that means it's fairly widely available," Warren said, referring to the 2008 ballot initiative that decriminalized small amounts of marijuana in Massachusetts. "But there's no real regulation of it."

Warren, D-Cambridge, added: "And I think what we really need is to have some regulation of it, and that means I would be open to the possibility of legalizing marijuana in Massachusetts."

Question 4, an initiative on the November 2016 ballot, seeks to legalize marijuana for recreational use and set up a Cannabis Control Commission to regulate the substance.

Supporters say the move would bring tax revenue into state coffers and drive down a black market. But opponents, including Gov. Charlie Baker and Boston Mayor Marty Walsh, say legalizing the drug would put people on a path to harder substances.

Pressed on whether she would vote "yes" on the ballot question, Warren said, "What I just said is that I would be open to it because I think that the problem we've got right now in Massachusetts is that we've decriminalized it which makes marijuana available but there's no regulation over it for safety."

Warren said Massachusetts should learn from other states that have legalized marijuana. Twenty-five states and the District of Columbia have legalized marijuana in some form.

Four states have legalized it for recreational use: Colorado, Washington, Alaska and Oregon.

Marijuana being accessible in all those states "yet we can't even do serious medical research because of the way the federal government classifies marijuana," Warren said.

Marijuana is classified a Schedule 1 drug, meaning the Drug Enforcement Administration believes it has "no currently accepted medical use and a high potential for abuse," according to the agency's website.

"I think that just makes no sense at all," Warren said. "And so I've been pushing back against this. I think what we need is an opportunity to study the drug better and we also need better regulation for it."

Sen. Elizabeth Warren reacts to idea of a challenge from former Red Sox pitcher Curt Schilling

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Elizabeth Warren on Thursday shrugged off the idea of former Red Sox pitcher Curt Schilling running against her. Watch video

BOSTON - Elizabeth Warren on Thursday shrugged off the idea of former Red Sox pitcher Curt Schilling running against her.

"I get out there every day and try to do my work on behalf of the people of Massachusetts," Warren said when asked about Schilling after an event in Boston's Roxbury neighborhood.

"I'm also involved in this presidential campaign, trying to make sure that Donald Trump never gets anyplace near the White House," said Warren, a supporter of the Democratic nominee Hillary Clinton. "That's what really matters."

Earlier this month, Schilling appeared on a radio station and expressed interest in mounting a campaign to knock Warren out of office, saying he would like to become known as "one of the people responsible for getting Elizabeth Warren out of politics."

"I think she's a nightmare and I think that the left is holding her up as the second-coming of Hillary Clinton, which Lord knows we don't even need the first one," he said.

Warren, D-Cambridge, has frequently jabbed at Trump, the Republican nominee, on Twitter.

Warren won the Senate seat in 2012. The next election for the seat is in 2018.

At Roxbury Community College on Thursday night, Warren appeared in front of a crowd of supporters for a presentation on the American middle class.

Afterwards, responding to a reporter's question about Trump calling Clinton a "bigot," Warren hit back at Trump, calling him a "thin-skinned racist bully."

Eastern States Exposition celebrates centennial with new book documenting 100 years of the 'Big E'

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The Eastern States Exposition is celebrating its centennial with a new book that takes readers back through its 100 year history.

SPRINGFIELD — The Eastern States Exposition is celebrating its centennial with a new book that looks back on 100 years of the "Big E."

The book, titled "Eastern States Exposition Centennial: A Century of Fun at The Big E," was written by Wayne Phaneuf, executive editor of The Republican, and was launched at a book signing on Thursday that coincided with the city's CityBlock Summer Concert Series.

The book signing took place in front of the city's new mural of the founder of the Eastern States Exposition, Joshua L. Brooks – which was painted by local Springfield artist John Simpson.

The city's connection to the Exposition derives from the fact that the Big E actually housed its administrative offices in downtown Springfield until 1949.

At the event, Phaneuf said that when he was a child there were two events that "were it" – Christmas and "the Big E."

The book was the product of a partnership between The Republican and the Eastern States Exposition, and is also part of the newspaper's Heritage Series.

Eugene Cassidy, the CEO of the Big E – who was also at the book signing – said that book was a good opportunity to partner with The Republican and that the newspaper's archive of photos proved to be a good resource.

A small crowd could be seen lining up to purchase copies of the book, which were signed by Phaneuf.

When asked how important the Big E had been for him throughout his life, a local man answered, "Having lived in Springfield my whole life and having had children and grandchildren, I haven't missed many."

Car fire 'definitely arson,' according to Holyoke police

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Witnesses described seeing a man break one of the vehicle's windows and throw a Molotov cocktail inside.

HOLYOKE -- A car fire in a parking lot between Elm and Chestnut streets near Veteran's Memorial Park Thursday night was deliberately set, according to police.

web-ho-fire_0597.jpgA Holyoke firefighter at the scene of a car fire between Elm and Chestnut streets Thursday, Aug. 25, 2016.

"It was definitely an arson," said Holyoke Police Lt. James Albert.

Witnesses described seeing a man break one of the vehicle's windows and throw a Molotov cocktail inside.

The blaze was reported just after 9:30 p.m. It is under investigation, Albert said as investigators from the city's police and fire departments photographed and examined the scene.

Albert said the car was in a state of disrepair and full of debris, such as tires, speakers and other auto parts. "It was almost like a storage unit," he said.

There were no injuries.

Yesterday's top stories: Sheriff candidates, hotel proposal stalled, and more

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After executing a search warrant at an apartment building in Holyoke, authorities seized thousands of bags of heroin and arrested one man on Wednesday morning.

Below are Thursday's most-read stories at MassLive.com. If you missed any of them, click on the links below to read them now.

1) Holyoke police seize over 2,000 bags of heroin in drug bust; 1 man arrested [Lucas Ropek]

2) 26-year-old shooting victim in Worcester dies from his injuries; identified as Jose Ortiz [Scott J. Croteau]

3) Proposed $17 million hotel across street from MGM Springfield casino temporarily delayed by Historical Commission vote [Peter Goonan] (Photo gallery above)

4) Hampden County sheriff's race: Democratic candidate profiles [Stephanie Barry]

5) Southbridge man illegally shipped M4, AR-15 and M16 parts to 22 countries, including Finnish motorcycle gang [Scott J. Croteau]


'Broadway Comes to Springfield' with cast of stars to support Dunbar Community Center

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The Broadway to Springfield event will include performances from Broadway actors, singers and dancers, some of which grew up in Western Massachusetts.

SPRINGFIELD Mamie Duncan-Gibbs began taking gymnastics classes at the Dunbar Community Center as a way to get out of house chores.

"I say it jokingly, but this was a way to get out of housework on Saturdays," said Duncan-Gibbs. "I discovered acrobatics and I would spend all day practicing my flips and when I got home the work was done."

Duncan-Gibbs, who has appeared in several Broadway shows, was in Springfield on Friday to promote "Broadway Comes to Springfield," a Broadway review planned Oct. 9 to raise money for programming at Dunbar, which has had serious financial struggles in the past few years.

The actress learned acrobatics and dance from Frank Hatchett, a legendary jazz dance teacher who got his start teaching students in Springfield at the Dunbar Community Center as well as his own studio.

Like many of Hatchett's students, Duncan-Gibbs went on to sing, dance and act in Broadway productions, including George C. Wolfe's musical "Jelly's Last Jam" and Kander and Ebb's "Chicago." She was a member of the original performers in "Cats," and more.

Duncan-Gibbs has joined with the Forever Dunbar board of directors to put on "Broadway Comes to Springfield."

"(Dunbar) is a very important institution in our community," said Ellen Freyman, chairwoman of the board of directors.

After meeting Duncan-Gibbs at an event in New York, Freyman asked if she would be interested in participating in an event to benefit Dunbar, and she not only agreed to come but is bringing many other Broadway performers with her.

"I loved Dunbar, learning from Frank. It changed my life and so many of the lives of the people who agreed to participate in this event," Duncan-Gibbs said.

The festivities will include dance classes, a reception where people can meet the artists and a performance at Symphony Hall.

Other performers will include two-time Tony Award nominee Vivian Read Sondra M. Bonitto, Michael-Demby Cain, Ben Cameron, Jimmy Tate and many other Hatchett alumni.

"We all loved Frank and want to do something to honor how important he was in our lives," Duncan-Gibbs said.

There will also be some Western Massachusetts natives returning for the festivities including tap dancers and brothers Floyd and Faruma Williams and Broadway actress and singer Gretchen Palmer, a television actress raised in Western Massachusetts who will also bring her daughter Savoy Bailey to perform.

"This is not just the older generation, but a new generation of performers who all love the arts," Duncan-Gibbs said.

The festivities will be held Oct. 8-9. On Oct. 8, there will be dance classes taught by the performers including jazz, hip hop, tap and a Zumba class instructed by Hatchett alumna Nancy Myers. Prices for the classes will vary.

On Saturday night, there will be a reception with the performers at the Basketball Hall of Fame. Cost is $95 per person.

"It's important to note that the Basketball Hall of Fame is donating the space for us to do this. We have many wonderful partners helping us with this event," said Tracye Whitfield, a member of Forever Dunbar.

On Oct. 9, the Broadway Review will be held at Symphony Hall starting at 3 p.m.

"It's going to be 15 numbers starring each of the performers. We are pricing tickets so that they are affordable. We will have tickets ranging from $10 to $100 so that people can come out and enjoy the performances with their families," Freyman said.

Duncan-Gibbs still has family and friends in the Springfield area including Alysia Cutting, a fellow Hatchett alumni. The two women recalled all of the things they learned from Hatchtett and from spending time at the Dunbar Community Center over the years.

"He was passionate about us, he was passionate about giving us the best. He was just so precise, so attentive to detail," Cutting said. "He also celebrated a range of body types for their strength and their endurance and that is a big deal when you are a teenager and body image is huge."

Duncan-Gibbs, who went on to run a nonprofit organization for children in the arts, said her hope is that the event will allow children to see what's possible.

"The training I got here changed my life, and I wanted to make sure that whatever we give our kids we give them excellence, and that's no matter where you are, and that's what Dunbar gives kids now," she said.

Duncan-Gibbs said she wants children to dream big.

"We want kids dreaming again. I want them to be able to come and see us that these are normal people who just happen to be good at what they do," she said. "We are no more talented than anyone else, we just worked at it and we found where we fit in. This event and the programming at Dunbar, it's meant to help a child find what they are good at and maybe find their place and where they fit in."

UMass, Hampshire, Amherst colleges to implement water conservation measures as students return

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The town of Amherst initiated a water ban earlier in August.

AMHERST -- The University of Massachusetts and Amherst and Hampshire colleges are alerting students about the town's water ban and issuing their own guidelines to help the town cope.

The town's mandatory ban went into place earlier this month.

Among the measures being implemented is limiting athletic field irrigation. At Amherst College, Valentine Dining Hall is preparing to use compostable dishware to reduce dish washing, according to a message from President Carolyn "Biddy" Martin.

UMass Chancellor Kumble Subbaswamy sent a message to the community that the Amherst campus will "need to do our part in the coming semester to conserve water. Departments across campus are taking steps to limit the amount of water used for campus operations, but we still need your help during this difficult time."

Students are asked to limit showers to less than 5 minutes and turn off faucets when drying hands, brushing teeth, combing hair or putting on makeup.  

In addition, students are asked to only wash full loads of laundry and to report leaks such as dripping faucets and pipes, running toilets or pooling water.

"Although the town's mandatory water restrictions technically apply only to residences, Hampshire is working closely on response in partnership with town officials and our peers at UMass and Amherst College," John Courtmanche, Hampshire College's media relations and editorial director said in an email.

He wrote that the college Emergency Response Team met and "approved a number of action items including measures to be implemented immediately in an effort to reduce water usage on our campus."

The team also appointed representatives who "will meet with town officials, UMass and Amherst College on a weekly basis to ensure we are kept well informed."

Hampshire will restrict the watering of grass and athletic fields as well as the use of water for operations and facilities, cooling towers and air conditioning. 

Students are being asked to limit the frequency and duration of showers, clothes washing and the use of water in bathrooms for flushing toilets.

Similar measures are in place at Amherst College.

The college is also delaying grass planting, limiting the irrigation of grass and athletic fields, prohibiting the washing of college-owned vehicles and restricting student activities involving large amounts of water.

Real estate agents see a 'sellers market' for Pioneer Valley homes

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The median price of a home sold in Franklin County last month was $227,000.

SPRINGFIELD -- Sales of single-family homes across the Pioneer Valley are down but the median price is up amid what realtors are calling a strong sellers' market not seen since the Great Recession.

The number of home sales in all three counties fell 11.3 percent in July from 644 closed sales in July 2015 to 571 last month, according to statistics released this week by the Realtor Association of Pioneer Valley.

The median price brought by those homes was up 8.2 percent from $207,000 in July 2015 to $224,000 last month.

Numbers show that much of that price gain was in the northern two thirds of the Pioneer Valley.

The Realtor Association compares real estate statistics to the same month a year ago in order to correct for seasonal changes in the economy. For instance, few people want to move in winter.

Numbers are culled from sales that go through the Multiple Listing Service and are between parties that are not working in concert. The stats don't include homes sold at auction for nonpayment of taxes or because their mortgages were foreclosed.

"I think you are seeing sales down just because of the lack of inventory," said Richard Sawicki, owner of Sawicki Real Estate in Amherst and president-elect of the Realtor Association. "Buyers are out there looking for what they want. They just are not finding it."

It's a sellers market, he said, with buyers willing to pay more, and overlook more blemishes, than they have been willing to do in the last few years. Things have not been this good for sellers since 2007 or 2008, prior to the recession.

But few home owners are selling out, he said. In many cases, they themselves bought at the top of the market and don't have the equity they'd like to have before selling and moving up or out.

Also, fewer new homes are being built. There is some construction of spec housing in Northampton. But in Amherst the only homes being built are built to order.

Sales and price figures by county:

  • Hampden County: Sales were down 7.5 percent from 398 homes sold in July 2015 to 368 sold last month. The median sales price was up 0.1 percent from $189,900 in July 2015 to $190,000 last month.
  • Hampshire County: Sales were down 15.6 percent from 179 homes sold in July 2015 to 151 homes sold last month. The median sales price was up 8.1 percent from $260,000 in July 2015 to $281,000 last month.
  • Franklin County: Sales were down 26 percent from 73 in July 2015 to 54 last month. The median sales price was up 24.7 percent from $182,000 in July 2015 to $227,000 last month.

Other numbers from the report:

  • Inventory: The inventory of available property fell 29.2 percent. There were 3,149 single-family listings at the end of July 2015. There were 2,231 single-family listings at the end of last month.
  • Days on Market: The average days on market rose 1.3 percent from 99 days for homes sold in July 2015 to 100 days last month.
  • Pending Sales: Listings under agreement were down 4.4 percent from 590 at the end of July 2015 to 564 at the end of last month.
  • Mortgage rates: A 30-year fixed-rate mortgage averaged 3.45 percent over  the week ending July 28, according to www.freddimac.com. That average is now 3.43 percent.

Nationally, total existing-home saleswhich are completed transactions that include single-family homes, townhouses, condominiums and co-ops, fell 3.2 percent to a seasonally adjusted annual rate of 5.39 million in July from 5.57 million in June, according to the National Association of Realtors

Lawrence Yun, NAR chief economist, issued a press statement echoing much of what Sawicki said:

"Severely restrained inventory and the tightening grip it's putting on affordability is the primary culprit for the considerable sales slump throughout much of the country last month. Realtors are reporting diminished buyer traffic because of the scarce number of affordable homes on the market, and the lack of supply is stifling the efforts of many prospective buyers attempting to purchase while mortgage rates hover at historical lows.
"Furthermore, with new condo construction barely budging and currently making up only a small sliver of multifamily construction, sales suffered last month as condo buyers faced even stiffer supply constraints than those looking to purchase a single-family home."

July 2016 House sales numbers by Jim Kinney on Scribd

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Chief District Court Justice denies Albano's request for review of David Becker sex assault case

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Judge Paul C. Dawley, chief justice of the state's district court, declined a request for administrative review of East Longmeadow teen David Becker's probationary sentence for for sexual assault by Palmer District Court Judge Thomas Estes.

The chief justice of the state's district court has denied a request from Governor's Councilor Michael Albano to review the sex assault case of David Becker, last week sentenced to probation in connection with the sexual assault of two of high school classmates at a party.

News of Becker's sentence, first reported by The Republican on Aug. 22, sent off an international firestorm of media attention and calls for Palmer District Court Judge Thomas Estes' ouster.

Albano, also a Democratic candidate for Hampden County sheriff, called a news conference to announce that he appealed to Judge Paul C. Dawley, chief justice of the state's district courts, to review the case.

Albano's request included prospective inquiries into why the Hampden District Attorney's office declined to pursue the original charges of rape plus probe  Estes' sentence.

Prosecutors requested a 2-year jail term while defense lawyer Thomas Rooke asked Estes for a sentence of probation, which Estes granted.

Becker was originally charged in April with two counts of rape through a criminal complaint by East Longmeadow police. The district attorney's office opted to pursue the lesser charges and the rape counts were dismissed. 

In Dawley's letter, he told Albano Estes' sentence was lawful, and therefore not subject to review.

"Judges acknowledge and respect that their sentences are subject to review, public scrutiny and criticism. In this case, Honorable Thomas H. Estes exercised his sentencing discretion in accordance with the governing law," the letter, dated today, reads in part.

"Judge Estes stated during the plea hearing that this was a very difficult case that was well-argued by the Commonwealth and the defense. The public record demonstrates that the procedures followed in this case were lawful ... Accordingly, I decline to conduct an administrative review of this case."

In response, Albano said he may pursue other legal options.

"I am reviewing legal options at this time and may seek review by the Supreme Judicial Court of Massachusetts. I will consult with the Hampden District Attorney," he said.

Albano was among eight members of the Governor's Council who voted unanimously to confirm Estes' nomination to the bench less than two years ago.


District Court Chief Justice letter to Michael Albano

Volunteers needed to pull invasive water chestnuts from Connecticut River Oxbow

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The plants threaten to choke the waterway if not removed by hand from canoes.

EASTHAMPTON -- Volunteers are needed right away to help pull invasive water chestnuts from the Connecticut River Oxbow before the plants drop their seeds, and two work days are scheduled.

The first opportunity is Saturday, Aug. 27. Volunteers will gather at Arcadia Wildlife Sanctuary at 9 a.m. The event is coordinated by Mass Audubon. Arcadia is located at 127 Combs Rd. in Easthampton.

The second is Tuesday, Aug. 30 at the boat ramp off Route 5 in Easthampton. Again, workers will meet at 9 a.m. That effort is organized by the U.S. Fish and Wildlife Service.

Paul Nowack, chairman of the Nashawannuck Pond Steering Committee, said the plants were discovered recently, and that they need to be pulled immediately, because the plants drop their seeds in September. "By then, it would be too late," he said.

If left unchecked, water chestnuts can change river and lake ecology for the worse. They form dense floating mats, causing problems for boaters and swimmers. 

Volunteers are advised to wear clothes that can get muddy or wet, bring a pair of gloves, and to wear waterproof boots or old sneakers. Bring plenty of drinking water and a snack. Long pants are advisable because the water chestnut seeds have spines.

The plant has tiny flowers that bloom in July, producing spiky seeds that remain viable for more than a decade, according to the Connecticut River Watershed Council. One seed can produce up to 15 rosettes, producing up to 20 more seeds each, meaning the plant can spread very fast.

"We pull the plants by hand every year, at a number of sites within the watershed," said Cynthia Boettner of the U.S. Fish and Wildlife Service. "So there are plenty of opportunities for people to get involved."

Nowak said a network of businesses and individuals banded together at the last minute, including the Oxbow Marina, which is providing barges, a bucket loader and a dump truck, and Finck & Perras Insurance, which is providing plastic bags.

For more information about Tuesday's event, send an email to Boettner at cynthia_boettner@fws.gov. For Saturday's effort, Arcadia can be reached at (413) 584-3009. Nowack can be reached at (413) 923-1737. People may bring their own canoes and life jackets.

The plant is not the same water chestnut found in cans at the supermarket and at Chinese restaurants.

Mary Serreze can be reached at mserreze@gmail.com

SJC rules Massachusetts prisons must change system for moving prisoners convicted of murder as juveniles to minimum security

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The SJC ruling will require the state to move toward a case-by-case evaluation.

BOSTON -- The Massachusetts Department of Correction will have to change the way it decides when to move a prisoner convicted of murder as a juvenile into a minimum security prison, under a decision released Thursday by the Supreme Judicial Court.

Until now, the Department of Correction has refused to transfer someone convicted of murder as a juvenile to minimum security until they receive a positive recommendation for parole from the state parole board. But several offenders challenged this policy in court.

The SJC ruled that this policy violated state law, which requires that each case by evaluated on a case-by-case basis.

"What the SJC said was you can't just do that. There has to be an individualized determination," said Barbara Kaban, an attorney for lead plaintiff Timothy Deal.

The ruling, written by Associate Justice Robert Cordy before his retirement, involved the cases of Deal, Seigfried Golston and Jeffrey Roberio. All three men were given life sentences for murders committed when they were 17 or 18. Now, decades later, the men are asking to be moved to a minimum-security prison as a step toward becoming eligible for parole.

The groundwork for the case was laid in 2013, when the Supreme Judicial Court ruled that imposing a sentence of life in prison without parole for a juvenile was unconstitutional. The Legislature then changed Massachusetts law to say that offenders convicted of homicide as juveniles would not be restricted from being placed in minimum-security prisons solely because of the nature of their convictions or the length of their sentences.

Lawyers for the prisoners argued that barring juvenile homicide offenders from minimum security until they receive a positive parole recommendation is contrary to the intent of the law.

They said it makes it harder for an offender to be released on parole, since the point of a minimum-security prison is to prepare offenders to re-enter society. Typically, even when prisoners were approved for parole, they then had to spend some time in a minimum-security prison first, so the policy effectively lengthened the amount of time the prisoners had to spend behind bars. Minimum-security prisons also let inmates participate in educational or vocational training, which can be used to demonstrate their fitness for parole.

Kaban said the courts have recognized repeatedly that juvenile offenders' brains are not yet fully developed, and there needs to be an opportunity for them to prove that they have matured as they have grown up in prison. "We have to look at their history of rehabilitation and maturity and how they changed," Kaban said. "We want to make sure they have opportunities in prison to allow them to mature, grow and change."

With the SJC ruling, Kaban said, "My client and others hopefully will have an opportunity to get to minimum security facilities prior to going to the parole board, so by the time they get to the parole board, they will have an opportunity to demonstrate the they're better able to be released to society."

As of May, there were 171 inmates in state prison serving sentences for homicide committed while they were juveniles.

A spokesman for the Department of Correction did not respond to a request for comment on Friday about how the department will respond to the ruling.

The SJC ruling will require the department to eliminate its current requirement for a positive parole hearing and move toward a case-by-case evaluation. "We conclude that the department's current classification practice violates (state law) because the department's failure to consider a juvenile homicide offender's suitability for minimum security classification on a case-by-case basis amounts to a categorical bar as proscribed by the statute," Cordy wrote.

Judge at David Becker's sexual assault arraignment recused himself because he knew defendant and his parents

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Documents requested by The Republican show that Judge Michael Mulcahy, First Justice at Palmer District Court, presided over the arraignment of David Becker on April 15, then immediately removed himself from the case because he knew Becker and his parents.

Documents requested by The Republican and provided by the Massachusetts Trial Court show that Judge Michael Mulcahy, First Justice at Palmer District Court, presided over the arraignment of David Becker on April 15, then immediately removed himself from the case because he knew Becker and his parents.

judge michael mulcahy.JPGMichael Mulcahy 

Becker, 18, of East Longmeadow, this month was given two years probation in connection with the sexual assault of two high school classmates at a party. The sentence handed down by Judge Thomas Estes sparked controversy, with some calling it too lenient.

The official court transcript from April 15 states:

"Judge Mulcahy: Mr. Becker, ah, from the outset I know Mr. Becker and his parents and am recusing myself from this case after this hearing. I checked on the availability of another judge, who, no one is available this afternoon and based on what is the motion in front of me there's nothing really for a judge to do except enter Mr. Becker's plea of not guilty."

On Aug. 15, Becker submitted to facts sufficient for a guilty finding on "an indecent assault and battery charge" before Estes in Palmer District Court. Becker was not ordered to register as a sex offender, and if he stays clean, his criminal record will be expunged in 2018.

Becker's sentence spawned an online petition asking the state Legislature to "Remove Judge Thomas Estes from the bench for letting 'David the Rapist' walk free."

As of Friday afternoon, organizers of the petition were nearly at their goal of 25,000 supporters. Estes assumed jurisdiction of the Becker case following Mulcahy's recusal.

Estes is the first justice at Eastern Hampshire District Court in Belchertown.


David Becker, East Longmeadow teen on probation for sexual assault, plans to attend Ohio community college (report)

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Becker had been accepted to the University of Dayton with multiple scholarships, but his admission was rescinded after news of the sexual assault case was published, the Dayton Daily News reports.

David Becker, the 18-year-old East Longmeadow resident who recently admitted sexual assault charges, plans to attend school in Ohio, according to The Dayton Daily News.

Records from the Ohio Department of Rehabilitation and Correction show that Becker wants to attend a community college and live with family members in Cincinnati, according to the paper.

Becker had been accepted to the University of Dayton with multiple scholarships, but his admission was rescinded after news of the sexual assault case was published, the Daily News reports.

The university announced on Twitter on Monday that Becker "will not be attending the University of Dayton as a student this year."

Becker was charged in April with both rape and assault and battery after two of his classmates told law enforcement that Becker had digitally penetrated them without their consent at a party.

Becker subsequently pleaded guilty to two counts of indecent sexual assault on a person over age 14, and was sentenced to two years probation, during which period he will be expected to not use drugs or alcohol, and must attend sex counseling.

The sentence allows Becker to serve out the terms of probation in Ohio.

If Becker complies with the terms of probation, the charges will be expunged from his record.

Man charged in Chicopee home invasion acquitted on all charges

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The verdict capped a four-day trial marked by conflicting testimony over an alleged home invasion that took place in Chicopee in April 2015.

SPRINGFIELD -- Hours after Dameian White testified in his own defense, a Hampden Superior Court jury found him not guilty of attempted murder, home invasion and two other charges.

Delivered after barely an hour of deliberation, the verdict capped a four-day trial marked by conflicting testimony over an alleged home invasion that took place in Chicopee in 2015.

dameian.white.jpgDameian White, 22, of Springfield 

White, 22, and Dayquan Little, 21, both of Springfield, were charged with assaulting and robbing Michael Marsh after going to his Grape Street home early on April 19.

On Monday, Little pleaded guilty to home invasion, armed assault with intent to murder and two other charges, and was sentenced to a 30-month term at the Hampden County Correctional Center.

Authorities alleged that White put a gun in Marsh's mouth and demanded $2,000 before the two men left with Marsh's phone, car keys and credit and debit cards. The car was later found stripped in Queens, New York, according to Assistant District Attorney Mary Sandstrom.

Taking the witness stand Thursday, White said he and Little were lured to Marsh's home with the promise of a party, girls and a role in a video being filmed. Both White and Little are rappers, and Marsh had seen them perform and knew them as Facebook friends, testimony showed.

When they arrived at the apartment, there was no party, girls or video and a fight broke out after Marsh put his hand on Little's leg, White said.

Defense lawyer Raymond Jacoub told jurors in his closing argument Marsh "is trying to stick to a particular story even though it doesn't make sense." He said Marsh never told the 911 dispatcher a gun was put in his mouth but testified on the witness stand that happened.

Jacoub acknowledged that White and Little may have overreacted when they punched Marsh for inappropriately touching Little.

In her closing argument, Sandstrom accused the defense of trying to discredit Marsh by presenting untrue testimony about him.

Central High School graduate, now software exec, offers thanks to Springfield teachers at annual convocation (photos)

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School Superintendent Daniel Warwick said preliminary results on the new generation of MCAS test, taken last spring, are encouraging and show no dip in performance from the old MCAS test.

SPRINGFIELD -- Springfield Public Schools 2010 graduate Joshua Encarnacion, who heads up people development at a California-based software engineering company, said the empathy and understanding he received from teachers at Central High School helped propel him to a successful career -- one he could never have imagined.

Speaking to more than 500 public school employees during Friday morning's annual convocation at Van Sickle Middle School, Encarnacion recalled the murder of his friend and basketball star Mario Hornsby Jr.in the spring of 2008 and how his geometry teacher, Patrick Danby, helped him and fellow classmates cope with their grief and shock.

"He said, 'We're going to take it easy in geometry today,'" Encarnacion said.

Encarnacion said the teacher said he couldn't understand or imagine how the students were feeling and allowed the students to sit in silence, talk among one another or leave the room to be with one another.

That empathy and understanding is a lesson Encarnacion incorporates into his daily work in a technology field that "doesn't have too many people who look like me," he said.

Encarnacion, who is writing a book, "Redefining the Way We Believe In Others," based on a TED talk he gave last year, told the teachers, "You all create a safe zone for us. Every time you make us feel understood, we learn."

When Encarnacion, who now works for Outco Inc., began his career at Google, he said only 5 percent of the 6,000 company employees were minority.

It's still rare to find many minorities in the field, he said. "I still struggle with 'The imposter syndrome,'" he said.

The convocation began with a slideshow of city students imagining what kind of futures they envisioned and students from the Zanetti Montessori School performing an original song, "We Can," written by chorus director Carmen Oyola Callender.

Many teachers sported T-shirts with their schools' names and logos, and there was a photo booth at the entrance to the auditorium where teachers could don funny hats and glasses for a future collage.

Other speakers reflected this year's convocation theme of "Imagine."

School Committee Vice-Chairman Christopher Collins brought the house down when he sang his speech a capella with original lyrics to the tune of John Lennon's song "Imagine."

School Superintendent Daniel Warwick said preliminary results on the new generation of the MCAS test, taken last spring, are encouraging and show no dip in performance from the old MCAS test.

Warwick noted that growth in student participation in Advanced Placement classes with 2,000 students enrolled, citing Central High School in particular for its program.

"We had the highest number of minorities scoring 2 or better on the test in the state and the second highest with a score of 3 or higher. The highest score is a 5.

Mayor Domenic Sarno that the school's graduation rate is increasing and the dropout rate is falling. "That's because of you," he told the teachers.

Teachers union president Timothy Collins criticized a proposal to increase the number of charter schools in the state, urging teachers to vote "no" on a November ballot question that would allow the expansion.

Collins said charter schools do not reflect the diversity of the city and rob funds from the school system.

Check out the food at Celebrate Holyoke 2016

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In its second year since a return of the annual festival, Celebrate Holyoke is bigger and better.

HOLYOKE -- In its second year since a return of the annual festival, Celebrate Holyoke is bigger and better. 

More than a dozen vendors set up to serve food for the three-day festival that began on Friday, August 26. 

Menus include carnival favorites, such as funnel cake and fried oreos, to falafel and 

Police believe man and woman found dead in Ashby is a murder-suicide

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Two people were killed in Ashby today, in what appears to be a murder-suicide.

ASHBY — Two people are dead in Ashby after what police are currently calling a murder-suicide.

Ashby police officers arrived at a residence on Watatic Mountain Road on Friday, at approximately 1:37 p.m., where they discovered the bodies of a man who lived there, as well as a female acquaintance of his.

Police have stressed that though they currently believe the event to be a murder-suicide, the investigation into the incident is ongoing.

Ashby Police Chief Fred Alden said that there was no suspect was being sought and that the incident posed no threat to the public. "This is a tragic situation and we thank the community for their patience during this investigation," Alden said.

A number of agencies are working together with the Ashby Police Department to investigate the incident, including the Middlesex District Attorney's Office and the Massachusetts State Police.

 


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