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As many as 5 suspects may have been involved in armed robbery in Springfield's Liberty Heights

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Police said the armed robbery of the store at 425 Springfield St. was reported about 2:40 a.m.

SPRINGFIELD -- As many as five suspects may have been involved in the armed robbery of a Liberty Heights 7-Eleven Tuesday morning, police said.

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Lt. Richard LaBelle told WWLP the armed robbery of the store at 425 Springfield St. was reported about 2:40 a.m.

At least one of the five suspects reportedly pointed a gun, he said.

A K-9 unit was deployed to track the suspects.


Judge rejects plea agreement in drug case that could be 'embarrassing' to Springfield Police Department

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Orlando Soto, 59, of Springfield, had agreed to plead guilty to possession of heroin with intent to distribute.

SPRINGFIELD -- Hampden Superior Court Judge John S. Ferrara on Wednesday heard all the reasons a prosecutor and defense lawyer wanted him to sentence Orlando Soto to the time he has already served in jail awaiting trial -- about eight months.

Primary among those reasons was the role that suspended Springfield Police Detective Gregg Bigda played in the investigation and arrest of Soto, 59, of Springfield.

In recent weeks a number of drug defendants have had cases dismissed or gotten relatively light sentences because of Bigda's role in their cases. Prosecutors have reported that Bigda may not be available to testify.

Videos recorded in February at the Palmer police station show Bigda threatening to kill and plant drug evidence on two teens accused of stealing an unmarked Springfield police vehicle. Bigda was suspended for 60 days.

When Soto and a co-defendant were arrested later that same month, the Springfield Police Department put out a press release with pictures of the drugs confiscated and the suspects. At the time police spokesman Sgt. John Delaney said, "Time for heroin dealers to take a hint. Don't deal in Springfield."

Assistant District Attorney Amy D. Wilson said Bigda "may or may not be available to testify in the future." She said Bigda was the police contact of a confidential informant who made heroin buys from Soto. Bigda was also part of the team that executed a search warrant in the case. And Bigda wrote the affidavit to get the search warrant, she said.

Ferrara said, "I understand the problems with Detective Bigda." The judge said he understands consideration was offered to Soto to prevent a situation that "may be embarrassing to the police department."

Ferrara said his choice would have been to impose a sentence of three years in state prison. He cited Soto's past criminal record, as well as the amount of drugs he had, as a reason he would not accept time served as a sentence.

Soto had been charged with heroin trafficking in the amount of 36 to 100 grams and violation of a drug-free school zone. Under the plea agreement, Soto would have pleaded guilty to the lesser offense of possession of heroin with intent to distribute. The violation of a drug free school zone charge was to have been dropped.

State law allows a person to withdraw a guilty plea if the judge says he will go over the prosecution's recommended sentence.

Soto's case is now back on track for trial, with a motion to dismiss scheduled on Dec. 2. Bigda's role will be front and center in any defense motions.

Before Ferrara rejected the plea agreement, he asked Wilson if the case could be made against Soto without Bigda's testimony. She said Bigda would be needed to testify about a number of issues in the investigation and arrest.

She said if the case went to trial there would be a risk of acquittal, whereas the plea agreement would result in a conviction on Santos' record.

Defense lawyer Stephen Shea said, "The driving force behind this is Detective Bigda's involvement." He said Soto's case was heard by a Hampden County grand jury after Springfield police had the videotapes of Bigda's interrogation of the teens in Palmer. He said in a motion to dismiss that he would argue the tape should have been presented to the grand jury.

"I've seen the video on a number of occasions," Shea said. He said it seriously calls into question Bigda's credibility.

Ferrara said he has not seen the videotapes but has read about them in the newspaper.

Wilson said Soto was arrested Feb. 25 when search warrants were executed at his home and that of a relative. She said police had information about Soto selling heroin. A confidential informant made buys from Soto Feb. 14 and 21.

Police were told Soto kept small amounts of heroin at his home at 351 Oakland St. and kept larger amounts at his relative's home at 222 Orange St.

At Orange Street police said they forced entry after knocking and found 3,649 bags of heroin as well as personal papers belonging to both Soto and his relative, Daisy Aviles, who is also charged with heroin trafficking, Wilson said.

At Oakland Street, where officers forced entry after knocking, police said Soto and another man fled out a window onto the roof. The other man came back in but police had to go out on the roof to arrest Soto, Wilson said.

Aviles' case is still pending. In court Wednesday, Soto said all the drugs at both homes were his.

West Springfield aware of problems at rundown Coburn school; working with MSBA on a fix

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"We are aware of issues and addressing them," West Springfield Mayor Will Reichelt told The Republican on Monday.

WEST SPRINGFIELD -- Suffering from old age and other problems, Philip G. Coburn Elementary School could be replaced by a new building within a few years, according to city officials.

"We are aware of issues and addressing them," West Springfield Mayor Will Reichelt said Monday.

Reichelt was reacting to concerns about alleged deteriorating conditions at the school. A Coburn teacher contacted The Republican to complain about multiple issues at the 92-year-old building, claiming asbestos, mold and wastewater issues pose a threat to students and teachers at the Southworth Street school.

"I am highly concerned and see day in and day out what condition the building is in and how it is affecting myself and those around me," said the teacher, who requested anonymity.

His concerns are shared by city leaders, who last year publicly acknowledged Coburn is in rough shape.

In February 2015, the West Springfield Town Council, citing overcrowding and problems with the building, unanimously approved a resolution authorizing West Springfield Public Schools to seek help from the Massachusetts School Building Authority, the quasi-public agency that reimburses up to 80 percent of renovation and construction costs depending on a school district's economic health.

Due to insufficient space at Coburn, some classes have been held in converted spaces including a section of the auditorium that now has "sloped floors," according to the Town Council resolution. The resolution recognized the school is in "dire need of repair and renovation or replacement."

In addition to asbestos and mold issues, the teacher claimed Coburn was recently plagued by an "outbreak of bugs biting staff and students." He said some staff members have developed health problems as a result of conditions in the building, which opened in 1924 as a junior high school and later became an elementary school.

"An air quality test would show what we are dealing with," the teacher said.

In a point-by-point rebuttal of the allegations, Superintendent Michael J. Richard, who has been in charge of West Side schools for about a year and a half, said the school district has "no knowledge of the presence of black mold in the building."

The district also has no records of Coburn employees developing asthmatic, heart or pulmonary conditions as a result of working in the building, Richard said. "We are aware of one employee going into premature labor," he said, adding that it had "no connection" to the building.

Any identified asbestos in the school is documented and professionally managed in accordance with state, federal and Asbestos Hazard Emergency Response Act regulations, according to Richard.

A structural issue was detected last winter in one section of ceiling. As a result, an engineer was consulted and additional supports were installed, Richard said.

In the past, stormwater issues caused plumbing system backups that affected only one classroom. "Immediate and appropriate action has been taken by our buildings and maintenance department in each instance," Richard said.

"All of this, of course, is in the context of the fact that the West Springfield Public Schools is working with the Massachusetts School Building Authority to build a new Coburn Elementary School," Richard said.

"We are currently in the first phase of the process and hope that a new building will be constructed in the next few years," he said.

The new West Springfield High School was rebuilt with financial backing from the MSBA.


MAP showing approximate location of Coburn Elementary School:


$4,842 raised by Yes For Better Holyoke, $740 by No On Question 5 in ballot question battle

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The group urging Holyoke, Massachusetts voters to adopt the state Community Preservation Act on the Election Day ballot on Tuesday raised $4,842 and spent $4,392 in the most recent state filing period while the group urging a no vote raised $740 and spent $133.

Updated at 10:02 p.m. on Wed. Nov. 2, 2016 to change the headline to reflect that Community Preservation Act For Holyoke received $4,842 in campaign contributions and that $309 worth of work from Citizens for Community Preservation, of Boston, didn't go to Community Preservation Act For Holyoke but to the city as a whole, including a presentation about the Community Preservation Act made to a City Council committee.

Updated at 5:29 p.m. on Wednesday, Nov. 2, 2016 as organization spokesman Jason Ferreira explained that Community Preservation Act For Holyoke is the name of the ballot question committee and Yes For A Better Holyoke is the group's campaign name.

HOLYOKE -- The group urging voters to adopt the state Community Preservation Act on the Election Day ballot on Tuesday raised $4,842 and spent $4,392 in the most recent state filing period.

The group urging voters to reject the Community Preservation Act (CPA) raised $740 and spent $133.

The campaign finance reports filed by Yes For A Better Holyoke, which is listed on the form as Community Preservation Act For Holyoke, and No On Question 5, or No On 5, were for the period of Jan. 1 to Oct. 21 (see below).

Community Preservation Act For Holyoke/Yes For A Better Holyoke formed in February and No On Question 5 formed last month.

Adoption of the CPA would come with passage of ballot Question 5. That would establish funding by assessing a surcharge on home and business property owners which, combined with triggering availability of state funding, could be used for projects related only to open space, historic restoration or affordable housing.

Community Preservation Act For Holyoke is the name of the ballot question committee and Yes For A Better Holyoke is the group's campaign name, spokesman Jason P. Ferreira said.

Community Preservation Act For Holyoke received $1,000 from E. Denis Walsh, of Cambridge, of Weld Property Management Co. Inc., which owns property here, and $500 from the Massachusetts League of Environmental Voters, of Cambridge, according to documents filed with the city clerk's office.

Community Preservation Act For Holyoke's donations also included $1,000 from Holyoke Preservation Trust, a nonprofit at 92 Race St., $500 from Conklin Office Services here and $50 from Holyoke Mayor Alex B. Morse.

A separate campaign finance report filed by Citizens for Community Preservation, of Boston, showed that group provided $309 in staff, overhead and expenses "to assist in the adoption of the CPA in Holyoke."

Josh Knox of Community Preservation Act For Holyoke said in emails that the $309 worth of contributions from Citizens for Community Preservation wasn't a contribution to Community Preservation Act For Holyoke. It was for the city as a whole, including a presentation made at a meeting of the City Council Development and Government Relations Committee, he said.

Community Preservation Act For Holyoke spent its campaign contributions on mailings, postcards, printing, food and reimbursing organization treasurer Daphne Board, according to the documents.

No On Question 5 received $250 from the Committee to Elect Jim Brunault, $200 from Keith Davis, who is listed as the organization's treasurer, and $200 from Linda L. Vacon, who is listed as director of Loomis House here and is also the Ward 5 representative on the City Council, along with "in kind" contributions from Davis for printing handouts and website services, according to documents.

The group spent nearly $133 on banners for businesses to hang in their windows, spokesman Daniel B. Bresnahan said.

Campaign finance report for Community Preservation Act for Holyoke: by Mike Plaisance on Scribd

Campaign finance report for No On Question 5: by Mike Plaisance on Scribd

Campaign finance report for Citizens for Community Preservation: by Mike Plaisance on Scribd

Boss pleads for probation, not jail, for young man caught selling drugs from Springfield body shop

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Angel Aviles pleaded guilty to possession of cocaine with intent to distribute in Springfield. His boss, the owner of George's Auto Body Shop, asked the Hampden Superior Court judge to give him probation instead of jail.

SPRINGFIELD -- Gregory Palanjian, owner of George's Auto Body Shop in Springfield, on Wednesday pleaded with Hampden Superior Court Judge Tina S. Page to keep his employee out of jail.

Palanjian told Page he has known Angel Aviles since he was a young teen when Aviles' father came to work for him. Aviles would come along to do homework, but soon began doing auto body work.

He said learning Aviles sold cocaine from the shop in December "hurts so much." But, he told Page, the crime was an aberration.

Aviles, 28, of Springfield, pleaded guilty to possession of cocaine with intent to distribute and possession of ammunition without a firearms identification card.

Assistant District Attorney Kerry Beattie asked Page to sentence Aviles to 21/2 years to the Hampden County Correctional Center in Ludlow with one year to be served and the rest suspended with two years probation.

Defense lawyer Nikolas Andreopoulos asked for a sentence of two years probation with no jail, and that's what Page gave Aviles.

Page admonished Aviles, saying, "It's not a way to show your appreciation for a man who has been a surrogate, a mentor."

Palanjian said he encouraged Aviles and his fiancee to buy a house, helping him a little in the process of doing so. He said he didn't realize how much of his own money Aviles had put into the purchase and the financial difficulties he felt.

Andreopoulos said this is Aviles' first experience with the court.

Beattie said Aviles was the target of a December investigation in which a confidential informant purchased cocaine at the shop from Aviles.

Aviles' key ring had keys to two tool boxes, and eight baggies of cocaine were found in one. A total of 81 rounds of .22-caliber ammunition was found in the other, she said.

Mayor Sarno, Police Commissioner John Barbieri to attend South End meeting on public safety

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Sarno and Barbieri are scheduled to speak at 6 p.m. at the meeting of the South End Citizens Council and the South End Business Association.

SPRINGFIELD - Mayor Domenic Sarno and Police Commissioner John Barbieri are scheduled to meet Thursday night with two South End neighborhood groups to discuss the city's plans for public safety in the area, according to the mayor's office.

Sarno and Barbieri are scheduled to speak at 6 p.m. at the meeting of the South End Citizens Council and the South End Business Association.

The meeting is scheduled for the South End Citizen's Council office at 510 Main St., which is the former Bear Auto building.

The purpose of the meeting is to inform South End residents of the police department's plans for policing the neighborhood in the future.

The meeting is open to the public.

Springfield OKs sober house in McKnight neighborhood, but with conditions, limits

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Springfield officials have approved the site plan for the Bridge Home, a sober house planned in the McKnight neighborhood, but several conditions include a limit on the number of residents who can live there.

SPRINGFIELD -- The city has approved the site plan for the Bridge Home, a sober house planned at 1090 Worthington St. in the McKnight neighborhood, but with conditions that include a limit of eight residents -- half the number previously planned -- and two employees living there.

The approval comes after many residents had raised concerns about the plans, and some suggested the neighborhood already had more than its fair share of group homes and halfway houses.

The city's Planning Department notified The Bridge Home Inc. in a letter Wednesday that its plans were reviewed and approved in conjunction with the Law Department, city zoning administration and city building commissioner.

William Cosgriff, director of education and support for the Bridge Home, said he was "delighted" with news of approval.

"We are delighted to have cooperated with the City of Springfield and to have received approval to begin using our facility to serve a very important need in our community -- providing a solid path to sustained recovery from substance use disorder," Cosgriff said. "We are committed to being good neighbors of the residents of the McKnight section of the city."

The Bridge Home had stated previously that it planned to serve up to 16 male residents in its live-in recovery program, but then agreed to the limit of eight residents during discussion with the city about limited parking, said Philip Dromey, the city's deputy director of planning.

The Bridge Home states it has five on-site parking spaces: two spaces in a garage and three spaces in the driveway, but will encourage participants to use public transportation, according to the ownership.

A legal opinion from the Law Department stated the submitted plans appeared to be exempt from local zoning requirements due to having an educational function, exempted under a state law known as the "Dover Amendment."

The Bridge Home is a "residential recovery program for adult males addicted to drugs and alcohol" whose mission was to help them maintain abstinence and gain skills through "education, supportive activities and real life experience to become healthy, responsible contributing members of their community," the Law Department summary said.

Other conditions listed by the Planning Department included:

  • the use of the house must be developed in accordance to its submitted plans
  • any renovations cannot begin without building permits and review and/or a certificate of occupancy
  • the building must be graffiti-free
  • the property must be maintained free of litter and overgrowth and landscaped
  • signs are not permitted related to the use
  • there can be no parking of cars on the front lawn

The Bridge Home began distributing information about its plans in late August, which was followed by a neighborhood meeting and open house.

Some residents said that Bridge Home is at an improper location due to an adjacent day care center and some drug activity in that area and the alleged over-saturation of group homes.

Governor's Council has sharp questions on guns, experience of judicial nominee Christopher Barry-Smith

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Members of the Massachusetts Governor's Council posed difficult questions to First Assistant Attorney General Christopher Barry-Smith and to witnesses testifying on his behalf.

BOSTON -- Members of the Governor's Council posed sharp questions on Wednesday to First Assistant Attorney General Christopher Barry-Smith and to witnesses testifying on his behalf.

Gov. Charlie Baker nominated Barry-Smith to serve as an associate justice on the Massachusetts Superior Court. His nomination created controversy because of opposition to Attorney General Maura Healey's enforcement of a ban on "copycat" assault weapons. Several Governor's Councilors also raised concerns about Barry-Smith's lack of experience in criminal law.

"Do you think we should hire somebody that is only half qualified for the position?" Councilor Robert Jubinville asked attorney April English, chief of organizational development and diversity in the attorney general's office, who was supervised by Barry-Smith and testified in his favor.

Barry-Smith, of Arlington, has served since January 2015 as the first assistant attorney general, the highest-ranking attorney under Healey.

Barry-Smith first came to the attorney general's office in 1997, where he worked in the consumer protection division, after a stint in private practice doing commercial litigation. Barry-Smith returned to private practice in 1999 doing intellectual property litigation. He came back to the attorney general's office in 2002 and led the consumer protection division, then the public protection and advocacy bureau.

Barry-Smith holds degrees from Harvard College and William and Mary Law School and has clerked for the U.S. District Court in Hartford, Connecticut.

The Massachusetts gun rights group Gun Owners' Action League protested his nomination over their opposition to a decision Healey made in July to enforce a ban on the sale of "copycat" assault-style weapons. Although Massachusetts law already banned the sale of assault weapons and copies of assault weapons, Healey reinterpreted the law to include in the definition of "copy" types of guns that were previously allowed.

Barry-Smith said he has not spent much of his career on Second Amendment law, but he strongly believes in the Second Amendment. "If I were confirmed as a judge, I would follow Supreme Court precedent without exception and without reservation," Barry-Smith said.

Governor's Councilor Jennie Caissie voiced her concerns about Healey's gun policy to several witnesses. Although English did not work on the gun ban in Healey's office, Caissie questioned her on her understanding of the Second Amendment and whether Healey's gun policy was unconstitutional.

"When you raise your right hand and swear to uphold the laws and Constitution of the U.S., that's not Maura Healey's constitution, that's the Constitution of the U.S., and people have the right to bear arms," Caissie said.

English said she believes Healey's directive is constitutional, but she declined to talk about her constitutional interpretation.

Jubinville quizzed attorney Dean Richlin, a partner at the law firm Foley Hoag who was first assistant attorney general under former Attorney General Tom Reilly, about whether the first assistant attorney general is consulted on all major decisions that face the attorney general, such as the gun ban.

Richlin said the advice a first assistant attorney general gives "is predominantly legal advice" about whether a policy is legally defensible, not on the wisdom or politics of such a move.

Caissie said she is concerned about Barry-Smith's legal judgment if he was involved in the gun ban, which she suggested circumvented the state Legislature. "The attorney general is our chief law enforcement officer. If they think it's OK to circumvent the democratic process, that's a bad precedent," Caissie said.

But other councilors said the gun ban was not necessarily a concern for them.

Victoria Inamorati, a Milford gun owner, testified against Barry-Smith because of his role as Healey's second-in-command when she announced the gun ban.

"What Maura Healey and Christopher Barry-Smith did was they completely bypassed the political process," Inamorati said. "I feel he's going to be legislating from the bench. He's going to not have respect for the people at all."

Governor's Councilor Terrence Kennedy asked Inamorati, "How would you stop those people from getting one of these weapons and shooting up a nightclub in Florida or a movie theater in Colorado or a school in Connecticut?"

Inamorati responded that she would expand the mental health care system.

Governor's Councilor Eileen Duff noted that the council previously confirmed three other judges from Healey's office without opposition. "It's this man everyone's coming after, not all the others who have come before us. I find it really curious they singled out one person," Duff said.

Governor's Councilor Michael Albano said before the hearing that he sees Healey's actions as "upholding the law as we originally intended it," and he was not going to base his vote on Barry-Smith on gun issues. "There may be reasons not to confirm him, but upholding the law is not one of them," Albano said.

One major reason some councilors may oppose Barry-Smith is his lack of experience in criminal law. Jubinville said Barry-Smith had applied for Superior Court judgeships four times since 2010 as well as one federal court position. He was never nominated, and the Judicial Nominating Council in those cases pointed to his lack of experience in criminal court.

"I can ask you criminal questions, I don't think you'll have the answer," Jubinville said.

Jubinville said he believes judges should have the experience to make rulings, including sentencing criminal defendants, their first day on the bench. "I don't believe it should be 'Well, I'll learn that as I go,'" Jubinville said. "You're a good man, you're an honest man, you're an intelligent man, but those are not qualifications in and of themselves that earn somebody a robe."

Barry-Smith said he has litigation experience through complex and contested hearings on preliminary injunctions that he participated in while at the attorney general's office, even though he has only litigated seven trials. Most cases he was involved with settled.

"I have broad and rich (litigation) experience that I don't feel on the defensive about," Barry-Smith said.

He acknowledged his lack of criminal experience, but said he did not have a chance to get criminal experience given his other responsibilities at the attorney general's office. "I wish I were before you today with two or three or 10 times as many trials and certainly with some criminal trial experience," Barry-Smith said.


Connecticut dentist accused of sexually assaulting patients

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A Connecticut dentist has been accused of sexual assault for the third time in two months.

MERIDEN, Ct — A dentist from Meriden, Connecticut, has been charged with sexually assaulting his patients for the third time in two months, according to police.

51-year-old Jeffrey Krahling, who lives in Wallingford, has now been arrested three times--including last Friday, as well as twice in September--and is charged with three counts of fourth degree sexual assault. The accusers allege that Krahling touched them inappropriately while they were undergoing various procedures at his office.

Krahling has denied all of the allegations against him and has voluntarily suspended his practice during the current investigation.

Krahling's attorney, John Keefe, has said that whatever inappropriate touching his client has been accused of may be the result of contact that was misinterpreted.

In addition to the sexual assault charges, Krahling is also charged with violating the probation of a 2015 conviction for drunken driving.

New York man accused of selling women into prostitution in Lee

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A man from Peekskill, New York, has been charged with trafficking two women and attempting to "sell" them to men in Lee.

LEE, Ma — A man from Peekskill, New York, has been accused of attempting to force two women into prostitution and "sell" them in Lee, and now faces human trafficking charges, according to The Berkshire Eagle.

42-year-old Charles Robinson faces two charges of human trafficking. He appears to have used narcotics as a means of luring the women into his service--both of whom are alleged heroin users.

Robinson met one of the women over the internet and communicated with her through Facebook. He then picked her up from Rutland, Vermont, and brought her to Lee on Oct. 20, where he allegedly supplied her with heroin, and sold her to men for sex for approximately five to eight days, according to the paper.

During that same period, Robinson allegedly began talking to the other woman--who police believe was going through heroin withdrawal. Robinson appeared to offer the woman more narcotics, and also picked her up and brought her to Lee.

Robinson attempted to "sell" the woman to several men for sex at a hotel in Lee, but the woman declined to involve herself.

Robinson allegedly became very angry with the woman for decline to have sex with any of them men.

The woman eventually told Robinson that she wanted to get food at McDonald's, and then stole his car--using it to drive back to Rutland, where she called police and revealed what Robinson had done.

A short time later, Robinson was arrested at a Super 8 Hotel in Lee. The other woman was with him when police took him into custody.

Police say they secured "corroborative evidence" from searches of several hotel rooms at both the Super 8 and a nearby Sunset Inn, that supported the allegations against Robinson.

Robinson has pleaded not guilty to the charges against him in a Southern Berkshire District Court on Monday.

 

Springfield police will scramble all radio communications, citing 'criminal element' that listens to scanners

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Less than a day before the change takes effect, the city announced that the Springfield Police Department will scramble police transmissions heard on private scanners.

SPRINGFIELD -- Beginning Thursday, the Police Department will encrypt its police radio transmissions, with the scrambling of messages on private scanners intended to protect officer safety, according to a department spokesman.

Mayor Domenic J. Sarno and Police Commissioner John Barbieri, in a press release issued Wednesday at 5:35 p.m., said the encrypted radio transmissions are part of a recent project to upgrade to the police radio transmission system.

Sgt. John Delaney, an aide to Barbieri, said the "criminal element" are among the people listening to police scanners, to help follow what the police are doing and to aid their crimes. It also poses a danger to police, he said.

"Officer safety more or less trumps all that other stuff," Delaney said, referring to the public's ability to be able monitor police transmissions.

While the encrypting has been planned for some time, Delaney cited the ambush early Wednesday of two officers in Des Moines, Iowa, as an example of the danger police face. Two officers were shot to death in ambush-style attacks while they were sitting in their patrol cars.

There are other communities that encrypt police transmissions, Delaney said, not immediately having examples.

Those using digital scanners will hear a garbled transmission, while those with an analog scanner will hear only silence.

Sarno and Barbieri said there will be technological improvements "to support the impending implementation of real time crime analysis and informational support for responding police personnel for better public service and officer safety."

Sarno, in making the announcement, referred to efforts to continue "to secure and protect our residents and police officers, especially during potentially dangerous situations."

"This upgrade will assist with the protection of the identities of reporting 911 callers, and crime victims - especially domestic violence victims, whose identities are ordered protected by state law," the news release stated. "Witness and victim identities can sometimes be revealed in radio transmissions, and should remain private. In the current climate of concern regarding being identified as a cooperating witness, it is imperative that the Police Department takes steps to ensure the privacy of persons calling to report criminal activities and identify violent offenders. We want to encourage citizen cooperation, collaboration and involvement in neighborhood crime issues by ensuring that people feel confident that their names or addresses will not be heard on a police frequency radio scanner."

The release stated that is increasingly clear "that we need to start encrypting so the locations of officers won't be revealed over radio transmissions. This will help prevent people from following officers and interfering with their duties at a time when police are increasingly becoming targets of violence."

"Technology has made it easier for criminals to ease-drop (sic) on police communications, giving suspects advanced notification of police response to crimes in progress, and the ability to compromise investigations," the statement read.

The statement said the technology is an "imperative addition in our efforts to provide a secure radio network. This will encourage community collaboration, enriched crime response efforts and enhance officer safety."

Have you seen this man? Chicopee police searching for credit card fraud suspect

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Chicopee police are asking for the public's help in locating a credit card thief. Watch video

CHICOPEE — Detectives with the Chicopee Police Department are asking for the public's help in locating a suspect in a recent credit card larceny and credit fraud incident.

Police say a credit card was stolen on Oct. 15, that was then used to buy over $400 of merchandise at a Walmart in Springfield, at approximately 8 p.m. later that day.

Anyone who can identify the person captured in the attached security footage should get in contact with Chicopee detectives by calling 413-594-1730.

Agawam police searching for armed robbery suspect

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Authorities in Agawam are searching for a suspect in a recent armed robbery.

AGAWAM — Police in Agawam are asking for the public's help in locating a suspect in a recent armed robbery.

Police say the suspect robbed the Southbridge Convenience Store, located at 1 Bridge Street, on Tuesday.

The suspect is described as being a white male, between 5' 6" and 5' 8" tall, and weighing approximately 145 pounds. He was seen wearing jeans and a grey and red hoodie.

Anyone with any information about the identity or whereabouts of the suspect has been encouraged to contact the Agawam Detective Bureau at 413-786-1717.

No new trail off Mountain Road in Holyoke, under Finance Committee recommendation

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The Holyoke, Massachusetts City Council Finance Committee voted 5-0 on Wednesday, Nov. 2, 2016 to recommend that the full council return a state grant of $15,000 that was to be used to build a trail to connect two existing trails off Mountain Road, after residents objected to the new trail as a neighborhood disruption at City Hall.

HOLYOKE -- The City Council Finance Committee voted 5-0 Wednesday to recommend that the city return a $15,000 state grant in the first step that could lead to a victory for Mountain Road residents who oppose addition of another trail off that road.

"We're totally, totally opposed to this, for a number of reasons. We just can't ...I just hope this doesn't happen," Patricia Counter of Mountain Road said.

The plan had been to use the grant from the Department of Conservation and Recreation to build a trail that would connect two existing trails off Mountain Road, said Andrew Smith, city conservation director.

But residents objected and said they should have been notified of the project before it proceeded, leading to councilors reconsidering acceptance of the grant.

The full City Council will consider the committee recommendation at its next meeting, possibly on Monday at 7 p.m. at City Hall.

Counter and nearly a dozen other residents spoke at the microphone in City Council Chambers urging councilors to stop the trail plan. They said adding the trail would cause disruptions to the area such as parking on the narrow road, traffic and more hikers possibly adding to cases of campers trespassing and building fires.

Mountain Road is an idyllic area with people riding and walking horses, children playing and neighbors who help each other and belong to families who have occupied properties for generations, residents saids.

"And I guess that's what we're fighting (for), just to protect the identity of the neighborhood," said Karen Godbout of Mountain Road.

Smith said the plan for the trail seemed routine and hardly controversial, and lack of notification to the neighborhood was unintentional.

"The intention is obviously not to slip anything past anybody," Smith said.

If the trail is not to be built, the city must return the grant because the money cannot be used for another location, he said.

Councilors praised Smith and said they understood any failure to tell neighbors about the new trail was just an oversight.

A story with additional detail will be published later this week about the Holyoke City Council Finance Committee meeting regarding the trail off Mountain Road.


ND oil pipeline protesters pepper-sprayed after efforts to reach developer's property fail

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Officers in riot gear clashed again Wednesday with protesters near the Dakota Access pipeline, hitting dozens with pepper spray as they waded through waist-deep water in an attempt to reach property owned by the pipeline's developer.

CANNON BALL, N.D. -- Officers in riot gear clashed again Wednesday with protesters near the Dakota Access pipeline, hitting dozens with pepper spray as they waded through waist-deep water in an attempt to reach property owned by the pipeline's developer.

The confrontation came hours after North Dakota regulators criticized the pipeline company for not immediately reporting the discovery of American Indian artifacts and a day after President Barack Obama raised the possibility of future reroutes to alleviate tribal concerns.

Public Service Commission Chairwoman Julie Fedorchak said she was "extremely disappointed" that Texas-based Energy Transfer Partners waited 10 days before reporting last month's discovery of stone cairns and other artifacts. The panel could decide to levy fines of up to $200,000, Fedorchak said, though she said such a high amount would be unlikely.

After an inspection, company consultants decided to divert the construction by about 50 feet, even though they determined there was a "low likelihood" any additional artifacts were buried nearby. The State Historic Preservation Office did concur with the company's plan on how to proceed after the artifacts were found.

Although that change was relatively minor, Obama said it was possible the Army Corps of Engineers could eventually examine much larger ones that would reroute the pipeline in southern North Dakota to alleviate tribal concerns. He made the remarks during an interview Tuesday with the online news outlet NowThis.

On Wednesday afternoon, protesters tried to build a wooden pedestrian bridge across a creek to enter the property, then attempted to swim or boat across when officers dismantled the bridge, Morton County Sheriff's spokeswoman Donnell Hushka said. Two arrests were reported.

Volunteer medics treated some of the protesters for hypothermia during the confrontation near the mouth of the Cannonball River.

About 140 people were arrested on the property last week in a law enforcement operation that cleared the encampment.

The potential for damage to American Indian sites and artifacts has been a flashpoint in a monthslong protest over the pipeline, which is intended to carry crude from western North Dakota almost 1,200 miles to a shipping point in Patoka, Illinois. The Standing Rock Sioux, whose reservation lies near the pipeline route, have led a protest over that issue and the pipeline's potential hazard to drinking water.

Tribal officials said in September they had identified cultural artifacts on private land along the route. After that finding, North Dakota's chief archaeologist, Paul Picha, inspected the area and said no sign of artifacts or human remains had been found.

Picha said he was notified in a timely manner of the most recent discovery in a new area but didn't report it to the commission because he thought the pipeline company would. Both Picha and Fedorchak said the site itself was properly handled, with Energy Transfer Partners moving the pipeline route to avoid the artifacts.

"We reviewed the information, wrote a letter of correspondence ... saying we agreed with the avoidance plan," Picha said.

He also noted that the rerouting isn't unusual. During development of the project, "there were multiple reroutes of the pipeline corridor for various reasons -- cultural, environmental, landowner concerns -- 140, 150 reroutes," he said.

Company spokeswoman Vicki Granado didn't immediately respond to a request for comment from The Associated Press about the potential for fines over the lag in reporting about the artifacts. The company would have an opportunity for a hearing to dispute any allegations. A company attorney said in an Oct. 27 letter to the PSC that the company didn't intentionally delay notifying the agency.

Although there's no set time frame for reporting such a discovery, PSC Commissioner Brian Kalk said that typically "the intent is immediately."

Fedorchak said the company could potentially be fined either for the reporting delay or for moving on with construction without getting PSC clearance. Both will be investigated, she said.

The Standing Rock Sioux tribe has not weighed in on the find. Tribal Chairman Dave Archambault and tribal Historic Preservation Officer Jon Eagle Sr. did not immediately respond to requests for comment.

The 1,172-mile pipeline is largely complete outside of North Dakota. The federal government in September ordered a temporary halt to construction on Corps land around and underneath Lake Oahe, a Missouri River reservoir in the Dakotas. The Corps is reviewing its permitting of the project but has given no timetable for a decision.


1 person arrested after pickup truck crashes into building in Chicopee

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One person was taken into custody on Wednesday night after a pickup truck crashed into a house in Chicopee.

CHICOPEE — One person was arrested in Chicopee on Wednesday night after a pickup truck smashed into a building.

Chicopee police were called to the corner of Grattan Street and Dickinson Street at approximately 9:00 p.m., where the truck had caused serious structural damage to a residence.

It appears that the driver of the truck was driving while intoxicated and struck a parked car before swerving and smashing into a house, said Officer Mike Wilk of the Chicopee Police Department.

The suspected drunken driver was arrested for operating under the influence.

Police blocked off sections of Grattan between Dickinson and Ludger Avenue while the Chicopee Fire Department assessed damages.

The person driving the vehicle suffered "possible minor injuries" but there were otherwise no other injuries that occurred as a result of the incident, said Wilk.

Sumner Avenue fire in Springfield displaces 8, causes heavy damage to home

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Everyone escaped unharmed but a dog that was chained up in the second floor died in the fire, officials said.

SPRINGFIELD - Fire ripped through a three-story apartment building at Sumner Avenue and Pomona Street Thursday afternoon, leaving eight homeless and causing heavy damage to the building, fire officials said.

The home at 618 Sumner Ave. was considered condemned according to David Cotter of the Springfield Department of Code Enforcement.

No one will be allowed inside until repairs are made, he said.

Dennis Leger, aide to Fire Commissioner Joseph Conant, said all eight residents, an adult and three children on the second floor and two adults and two children on the first floor, managed to get out safely.

Firefighters did find a dog on the second floor that was chained up in the apartment. It succumbed in the fire, he said.

The American Red Cross was called to the scene to help find temporary shelter for the displaced.

The cause of the fire is not yet known. It remains under investigation.

There is no estimate for the amount of damage is significant, although he said he did not have a precise estimate. The fire is believed to have started on the second floor and worked its way into the third floor and attic.

Before it was knocked down, flames were coming through the roof at multiple spots.

Firefighters blocked the westbound lane of Sumner Avenue while combatting the fire.


Leger said that as of 5 p.m., it was likely the westbound lane would be blocked for at least another two hours.

One first floor resident said she was home at the time the fire started. She heard fire alarms and could smelled smoke, so she grabbed her dog and a few possessions and ran outside.
"We ran around, I grabbed my dog and we left," she said.
The woman declined to give her name.

Another first floor resident, Delmarys Soto, said through a translator that she could smell smoke, so they gathered everyone and got outside. She said she was worried about a cat, which she said was still inside.

Soto stood across the street with family dressed in a sweater and a pair of shorts. With the temperatures dropping as the sun set, a neighbor volunteered to go to her home and find her some pants.

Soto said she lived there for 3 years. Her immediate concern was finding a place to stay.

According to the city assessors office, the property is owned by Ma Xiuyu of Springfield and has a total valuation of $128,000

House bursts into flames in Springfield near the X

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Firefighters worked to extinguish a house fire in Springfield on Thursday.

SPRINGFIELD — Firefighters were called to the scene of a house fire on Thursday afternoon.

The house is located in the city's Forest Park neighborhood, near the X, at the corner of Sumner Avenue and Pomona Street.

Fire could be seen coming out through the roof of the building, according to people at the scene.

As firefighters worked to put out the blaze, police blocked off Sumner Avenue until Pomona Street, causing some stalls to traffic.

The fire appears to have been extinguished by firefighters at approximately 4:30 p.m.

It isn't yet clear if any injuries occurred as a result of the incident.

The cause of the fire is currently being investigated.

Nephew and uncle accused of gang raping woman in Holyoke

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An uncle and his nephew face sexual assault charges after allegedly gang raping a woman in their apartment this week.

HOLYOKE -- An uncle and his nephew face sexual assault charges after allegedly gang raping a woman in their apartment this week.

Holyoke police officers were called to South Holyoke early Tuesday morning for a report that a woman had been sexually assaulted.

They found a woman crying on the street who said she was raped by two men.

While seeking treatment at Holyoke Medical Center, the alleged victim told police she arrived at the apartment of Jose Antonetty shortly after midnight where she was invited over to play video games.

While the pair played, she told police a man who Jose identified as his uncle came over and said in Spanish that she was beautiful and asked if she was married. Authorities said the woman responded, "no".

She told officers the uncle exited the room then shortly after came back in and punched her in the face. As she was knocked over, he began to undress her, the woman told police.

The woman told officers she has been the victim of sexual assault before and feared that it was going to happen again. Looking to Jose for help, the alleged victim told officers she saw him smile.

The older man then penetrated her, according to court documents. After he was finished, the woman said Jose penetrated her as well. 

While being sexually assaulted, the woman alleges she told the men, "You know you guys are going to go to jail for this," to which she believes Jose responded "OK."

She ran out of the Summer Street apartment complex and dialed 911, reporting the alleged attack, then a friend who lived in the area, to ask her for support. 

In a police narrative, a Holyoke officer noted redness on the left side of the woman's face where she reported being punched. 

Officers complied two photos arrays based on her description of the men, whom the woman said she could easily identify.

Alongside a photo of 30-year-old Jose Antonetty, she identified him as the "one who raped" her. Next to a photo of Angel Antonetty, she identified him as the other man "who raped" her. 

Less than five hours after she reported being assaulted, a Holyoke police detective and several officers knocked at the door of the apartment the men shared. 

Both were arrested on the charge of rape. They were arraigned Wednesday in Holyoke District Court. 

Jose Antonetty was ordered held on $10,000 cash bail or $100,000 surety. Angel Antonetty was ordered held on $25,000 cash bail, $250,000 surety. 

Should either post bail, they are ordered to stay away from the alleged victim. The uncle and nephew will return to Holyoke District Court on November 7 for a pretrial hearing. 

Speakers at Diemand Farm 'egg buy-in' in Wendell urge 'no' vote on Question 3

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The caged hens at Diemand Farm are well cared for, said an organic farming expert.

WENDELL -- The one Massachusetts egg farm that could be put out of business if Question 3 passes is pushing back, saying the ballot campaign, which would effectively require all laying hens to live cage-free, is misguided.

Birds at Diemand Farm are clean and happy, and by contrast, cage-free poultry operations can be inhumane, said members of the Diemand family and others at an "egg buy-in" event Wednesday.

The farm on Mormon Hollow Road is home to nearly 3,000 laying hens. It's the only egg farm in Massachusetts to use a cage system, with each hen residing in a 12-by-18-inch berth that's 18 inches high. The cages also let the birds stick their heads out. Question 3 would require larger cages or none at all. If approved, the ban would be in effect by 2022.

Peter, Faith and Annie Diemand -- three of 12 siblings -- are business partners in the poultry farm that got its start in 1936. Now with a diversified income stream, eggs make up 20 to 25 percent of the farm's income.

Dozens who attended Wednesday's event sipped cider, spent money at the farm store and heard remarks from opponents of the ballot question, which would ban cages that keep an animal from "lying down, standing up, fully extending its limbs or turning around freely."

"We would need to invest a quarter-million dollars to comply with Question 3," Annie Diemand told The Republican. "And at this point in our lives, we're just not going to do that."

She said the family "has been vilified" by Question 3 supporters, and that angry people from outside the region have showed up at the farm. "But when they see our operation, they change their minds."

The Humane Society of the United States and other groups are behind Citizens for Farm Animal Protection, the coalition backing the 2016 ballot question.

While Question 3 would apply to veal or pork, there are no Massachusetts farms that raise calves or pigs in confined cages. In addition to regulating confinement, the ballot question would prohibit grocery stores from selling noncompliant eggs or meat even if they come from out of state.

Speakers: Diemand Farm practices are humane

Speakers at the "egg buy-in" included an organic agriculture expert, the director of the statewide "No on 3" campaign, and the leader of a national nonprofit that supports farmers' rights.

Jonathan von Ranson is former president of the state chapter of the Northeast Organic Farming Association. He said he recently visited a "cage-free" poultry farm and was appalled by the conditions.

"You could barely breathe the air," he said. "You just wanted to get out of there. It was very, very crowded, an endless barn of hens on the floor. There was a lot of mounded-up manure, there was pecking that resulted in bleeding, and the hens were not clean."

The Diemand operation is not only breathable and sanitary, but also has happy hens, said von Ranson. "Yes, they are caged, but they are in a much better place, and a much better mental state than in that other facility."

Diane Sullivan argued that the proposal would hurt low-income families by raising the price of eggs, an inexpensive protein source.

Sullivan is campaign manager for Citizens Against Food Tax Injustice, the "No on 3" effort supported by the Massachusetts Farm Bureau Federation, New England Brown Egg Council and others. 

"I got involved through my own experience with hunger, poverty and homelessness," she said. "For the past 15 years, I've been looking at public policy through that lens. When we start to solve a problem that doesn't exist, there will be unintended consequences, and poor people often pay the price."

Sullivan said on the campaign trail, she has heard from opponents about "this one farm in Western Massachusetts" where "thousands of chickens were going insane." When she visited Diemand Farm, she said she got a different impression.

"These hens are not crammed into cages," she said. "They are happy and healthy. None of the videos we're seeing in these TV ads were recorded in Massachusetts. It's a nonissue."

Brian Klipperstein, director of the Missouri organization Protect the Harvest, said the "Yes on 3" coalition has an agenda that goes beyond the confinement of farm animals.

"They don't like animal-based protein, but they've got a problem, since 95 percent of Americans still eat meat, eggs or dairy. ... They are trying to win at the ballot what they lost at the checkout counter."

"No matter what modern practice or new technology is in place, they will be against it," he said, "and they're going to step on people who are in their way. When it comes to people who are their political opponents, they are ruthless."

He said Sullivan has been harassed and bullied on social media for her stance, and that the Diemands have also endured abuse. "People have said Diane Sullivan should be put in a cage," he said.

Farmers will have a daunting task in the next 40 years to feed a burgeoning population, Klipperstein said. In the meantime, "there are nearly 900 million people in this world who go to bed hungry, and 2.8 billion who live on less than $2 a day."

Klipperstein added that the "No on 3" campaign is being significantly outspent. 

Records from the state's Office of Campaign and Political Finance show that Citizens for Farm Animal Protection have pulled in more than $2.6 million in receipts over two years, while Citizens Against Food Tax Injustice have received $302,600 over the same period.

He said the Humane Society has a state-by-state plan to put similar measures on the ballot, and that the group has "assets over $250 million, annual revenues of $125 million and a $50 million payroll."

Protect the Harvest was founded in 2011 by Forrest Lucas, CEO of Lucas Oil Products. Lucas has contributed $250,000 to the "No on 3" campaign in Massachusetts.

The Protect the Harvest Action Fund in April disputed Attorney General Maura Healey's approval of the referendum language, but the state's highest court upheld the validity of the ballot question.

A measure similar to Question 3 passed in California in 2008, but remains tied up in federal court over an Interstate Commerce Clause challenge.

Diemand Farm in recent years started catering, offering chicken barbecues and selling prepared meals to go. Peter Diemand runs a sawmill and sells lumber and firewood. The farm sells hay, compost, grass-fed beef and lamb, Thanksgiving turkeys, roasting chickens and turkey pot pies.

"We've taken real steps to diversify. Still, it would be a real blow if we had to shut down the commercial laying operation," said Annie Diemand. "Today, we're just trying to educate people. We're grateful to our neighbors who came out here today to show their support."

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