Sears will keep locations in the Holyoke Mall and at the Eastfield Mall in Springfield, an Outlet in Holyoke and an independent Sears Hardware location in Hadley. Kmarts remain in Holyoke and in Palmer.

ENFIELD -- Sears Holdings announced this week that it will close its Enfield Square Mall location at at 90 Elm St.

The company will also close three stores in Massachusetts:two Kmart locations in Fairhaven and South Attleboro, and a Sears Auto Center in Swansea.

The Sears auto store in Enfield will remain open, according to Sears holdings.

The stores will begin liquidation sales Friday,  Jan. 6 and close in mid-April, said Sears Holdings spokesman Chris Brathwaite.

"We have been strategically and aggressively evaluating our store space and productivity, and have accelerated the closing of unprofitable stores as the company previously announced it would do," Brathwaite wrote in an email.

He said Sears and Kmart hope to retain customers in the impacted communities through the company's Shop Your Way membership program and its online website and shopping apps.

He declined to share the number of jobs lost in the store closings. He said most associates are part-time  and hourly workers. Those eligible for severance will receive it, and the workers at the stores that will close are eligible for jobs elsewhere at Sears and Kmart locations.

Sears makes a habit of announcing store closings one or two at a time instead of producing comprehensive lists of stores being shut down across the country.

Online retailing has been tough on Sears and on other traditional retailers.

A year ago in January, Macy's announced that it would shut down its Eastfield Mall, Enfield Square and Berkshire Mall locations.

In September 2016, Kmart shut down 64 stores around the country including its Great Barrington location. The Great Barrington store was its last remaining Kmart in Berkshire County.

Sears will keep locations in the Holyoke Mall and at the Eastfield Mall in Springfield, an Outlet in Holyoke and an independent Sears Hardware location in Hadley. Kmarts remain in Holyoke and in Palmer.  

In Sears Holdings' most recent financial results, the company said revenues decreased approximately $721 million to $5.0 billion for the quarter ended October 29, 2016, compared to revenues of $5.8 billion for the quarter ended October 31, 2015.

Overall, retailers reported a pretty good end to 2016, with holiday shopping expected to be the strongest it has been in  years. But muich of those sales were online.

Opponents of the proposed "twin school" say it still "remains fraught with insurmountable problems" and continue to urge Town Meeting to oppose it.

AMHERST -- Opponents of a proposed "twin school" say it still "remains fraught with insurmountable problems" and continue to urge Town Meeting to oppose it.

The Select Board Wednesday agreed to scheduled for Jan. 30 a special Town Meeting on the building project after petitioners supplied the required number of voter signatures.

Town Meeting rejected funding for the project 108-106 on Nov. 14, although voters narrowly approved it at the polls Nov. 8. Both votes are required.

"This plan is unchanged from the one Town Meeting voted down on Nov. 14, and remains fraught with insurmountable problems," according to a post on the Save Amherst's Small Schools Facebook page.

"The district would fare better filing new Statements of Interest with the Massachusetts School Building Authority this winter, and launching a fresh, more inclusive process," according to the group.

The proposed "twin school" building would replace Wildwood and Fort River elementary schools by consolidating grades two through six in a new building at the Wildwood site. It would also create an Early Childhood Center for pre-kindergarten through first grade at Crocker Farm Elementary School.

Rebekah Demling, a parent and Precinct 7 Town Meeting member, led the drive to collect signatures to bring the proposal back.

She said there were a lot of questionable facts presented at the Nov. 14 Town Meeting, particularly one concerning teacher support. "Teachers actually support it," she said.

Also, she said, she doesn't think Town Meeting members understood the financial implications of not building the new school. She said building a new school would be more fiscally responsible.

The town will have to put in a new boiler at Wildwood, and already spent $400,000 on designing the new building, she said.

Opponents said taxes in town are "already the 10th highest among the state's 351 cities and towns" and the state would not reimburse the town for demolishing Fort River and renovating Crocker Farm.  

The Massachusetts School Building Authority has approved the plan and agreed to pay about $34.4 million of the nearly $67 million cost, leaving Amherst to pay the rest.

"Overall, this expensive, controversial, problematic plan has been highly divisive for our school district. ... A fresh process, in which many differing perspectives are fully explored, could do a great deal to bring Amherst back together, and produce a plan that would easily garner more than 2/3 support from Town Meeting," the Facebook post states.

A two-thirds vote is required by Town Meeting for the project to proceed.

The Boy Scouts of America, U.S. Border Patrol Pipes and Drums, Marist College Band and Mid America Cowgirls Rodeo Drill Team are among several groups slated to participate in Donald Trump's inaugural parade, officials announced Friday.

The Boy Scouts of America, U.S. Border Patrol Pipes and Drums, Marist College Band and Mid America Cowgirls Rodeo Drill Team are among several groups slated to participate in Donald Trump's inaugural parade, officials announced Friday.

According to the Presidential Inaugural Committee, marching bands, equestrian teams, law enforcement units and veterans are included on the initial list of groups that have accepted invitations to join Trump and Vice President-elect Mike Pence in the ceremonial procession from the U.S. Capitol to the White House.

Trump will be sworn-in as the 45th president of the United States at the U.S. Capitol on Friday, Jan. 20, 2017, before participating in the parade down Pennsylvania Avenue.

The president-elect will kick off his official inaugural events on Thursday, Jan. 19 with a wreath laying at Arlington National Cemetery followed by a "Make America Great Again! Welcome Celebration" concert at the Lincoln Memorial.

Inauguration 2017: President-elect Donald Trump's inaugural schedule features 'Welcome concert,' wreath laying ceremony

In total, the inaugural parade will include more than 8,000 participants representing 40 organizations, PIC said in releasing the event's lineup. Each branch of the U.S. military will also be represented at the event.

"People from every corner of the country have expressed great interest in President-elect Trump's inauguration and look forward to continuing a salute to our republic that spans more than two centuries," committee CEO Sara Armstrong said in a statement.

"As participants follow in the footsteps of our new president and vice president down Pennsylvania Avenue, they will be adding their names to the long list of Americans who have honored our country by marching in the inaugural parade."

Groups set to participate in Trump's inaugural parade include:

• 1st Cavalry Division Horse Cavalry Detachment - Fort Hood, Texas
• 1st Infantry Commanding General's Mounted Color - Ft. Riley, Kansas
• Boone County Elite 4-H Equestrian Drill Team - Burlington, Kentucky
• Caisson Platoon, Fort Myer - Fort Myer, Virginia
• Cleveland Police Mounted Unit - Cleveland, Ohio
• Coastal Florida Police & Fire Pipes & Drums - Palm Coast, Florida
• Columbus North High School Band - Columbus, Indiana
• Culver Academy Equestrian - Culver, Indiana
• First Troop Philadelphia City Cavalry - Philadelphia, Pennsylvania
• Fishburne Military School Army JROTC Caissons Battalion - Waynesboro, Virginia
• Frankfort High School Band - Ridgeley, West Virginia
• Franklin Regional High School Panther Marching Band - Murrysville, Pennsylvania
• Indianapolis Metro Police Motorcycle Drill Team - Indianapolis, Indiana
• Lil Wranglers - College Station, Texas
• Marist College Band - Poughkeepsie, New York
• Merced County Sheriff's Posse - Hilmar, California
• Michigan Multi-Jurisdictional Mounted Police Drill Team & Color Guard - Ann Arbor, Michigan
• Mid America Cowgirls Rodeo Drill Team - New Buffalo, Michigan
• Nassau County Firefighters Pipes & Drums - East Meadow, New York
• North Carolina Vietnam Helicopter Pilots Association - Hillsborough, North Carolina
• NYPD Emerald Society Pipes & Drums - East Moriches, New York
• Olivet Nazarene University - Bourbonnais, Illinois
• Palmetto Ridge High School Band - Naples, Florida
• Russellville High School Band - Russellville, Arkansas
• Talladega College Band - Talladega, Alabama
• Texas State University Strutters - San Marcos, Texas
• The Citadel Regimental Band & Pipes and Summerall Guards - Charleston, South Carolina
• The Freedom Riders - Kersey, Colorado
• Tragedy Assistance Marching Unit - Arlington, Virginia
• Tupelo High School Band - Tupelo, Mississippi
• University of Tennessee Marching Band - Knoxville, Tennessee
• VMI Corps of Cadets - Lexington, Virginia
• West Monroe High School Marching Band - West Monroe, Louisiana
• American Veterans - National
• Boy Scouts of America - National
• US Customs and Border Protection Office of Field Operations - National
• Disabled American Veterans - National
• US Border Patrol Pipes & Drums - National
• Wounded Warriors - National
• Kids Overseas- National

The new RMV office opens as the registry works on ways to help motorists take care of their business without visiting a physical RMV location.

SPRINGFIELD -- The Massachusetts Registry of Motor Vehicles plans to open its new, expanded Springfield office in the Springfield Plaza shopping center, 1250 St. James Ave., on Jan. 23.

The new office will be located in the same former movie theater building near the Chicopee line that houses Bounce! Trampoline Sport.

At 17,000 square feet, it will be 70 percent larger than the existing office on Liberty Street, a facility long considered inadequate, outmoded and landlocked with insufficient parking.

The new location will feature what the RMV calls its dual-line queuing model, which is said to be more efficient. It will have facilities for all license, ID and registration transactions, road tests, suspension hearings and a business-to-business center for car dealers and insurance agents. It will also have sufficient parking, according to the RMV.

Massachusetts Secretary of Transportation Stephanie Pollack discussed the new RMV branch this week when she met here in Springfield with reporters and editors at The Republican and MassLive.

The new office comes during a time of change for the RMV. Massachusetts is transitioning to driver's licenses that meet federal Real ID requirements, and it is working to get more motorists to do their RMV business outside of RMV offices.

Pollack said the Springfield registry project moved forward despite ongoing litigation related to it.

Developers Martone Place LLC and HDC Four LLC in October sued for $50 million the city, Deputy Director of Planning Philip Dromey, Director of Public Works Christopher Cignoli, Building Commissioner Steven Desilets and retired Director of Public Works Allan R. Chwalek.

Martone Place and HDC Four allege that there was a city conspiracy against their proposal to host the RMV at a building they planned at Martone Place and St. James Avenue. Instead, the deal went to politically connected Davenport properties and Davenport Advisors, owners of Springfield Plaza.

At the time the Martone Place location was in discussion, neighbors and city officials complained about traffic in the neighborhood.

The current RMV building at 165 Liberty St. is owned by the state. Its fate is up to the state Division of Capital Asset Management and Maintenance.

Pollack this week wouldn't speculate on what the new Springfield office means for the RMV's existing Chicopee office at 1011 Chicopee St.

But she did say that the RMV is reviewing all its locations statewide to make sure the physical layout is compatible with the new federal Real ID rules. That includes security precautions at the building, two lines for customers and other precautions. Some locations might not make the cut, she said.

By 2020 everyone getting on a aircraft will need a state-issued, Real ID-compliant license or other acceptable identification such as a U.S. passport or military ID, according to the Department of Homeland Security.

One thing Real ID won't change is the state's push to get more people to do RMV business -- including license renewals -- online, at kiosks or through AAA.

"We think we might have an agreement with the federal government to do Real ID licenses at AAA," Pollack said.

Renewals are as pressing a security issue.

"The thing with Real ID that is crucial is the transaction that gets you that first license," she said.

Massachusetts will have to change its kiosk program to make sure the kiosks are compatible with disability access rules.

The man charged with the murder of Jose "Joselito" Rodriguez had been sentenced to state prison in connection with an assault in Lowell and was released 16 months before the alleged fatal shooting in Amherst in October.

AMHERST -- The man charged with the murder of Jose "Joselito" Rodriguez was released from state prison 16 months before the alleged fatal shooting.

Soknang Chham was one of several people charged in connection with the pistol-whipping of a man in Lowell in March 2010, the Lowell Sun reported. He pleaded guilty to nine related charges in April 2011, according to Middlesex Superior Court records.

He was sentenced to the Massachusetts Correctional Institution at Cedar Junction for five years and a day, and was released in June 2015, according to the Department of Correction records.

The charges included two counts of assault in a dwelling, possession of a machine gun, two counts of assault and battery with a dangerous weapon, intimidation of a witness and two counts of possession of a firearm without a license, according to Middlesex Superior Court records.

Last week, a Hampshire County grand jury indicted Chham, 33, on charges related to the fatal shooting of Rodriguez on Oct. 15 at Southpoint Apartments in Amherst. Another man was also shot but survived.

The charges against Chham include murder, armed assault with intent to murder, assault and battery with a firearm, assault with a dangerous weapon (firearm), illegal possession of a firearm (subsequent offense), and illegal possession of a firearm with two prior convictions for violent crimes.

Chham's brother Soksot Chham, 35, faces a charge in Eastern Hampshire District Court of being an accessory after the fact to the killing. He is due back in court Jan. 25.

Both men were arrested Oct. 25 in Flagstaff, Arizona.

The work, which can take 12 to 24 hours, is set to start at 9 a.m. on Tuesday,

George Graham | ggraham@repub.com 

SPRINGFIELD -- Sewer work, set for next Tuesday on Mill Street, is anticipated to disrupt traffic.

The work, tentatively set to begin at 9 a.m., calls for inserting a liner into the interior of the existing pipe to rehabilitate it, according to a press release. It's part of what's known as the Main Interceptor Rehabilitation Project.

Because the process can take 12 to 24 hours to complete, crews will be onsite outside of typical construction hours.

The process is weather-dependent and may be postponed, depending on forecasts.

Lane shifts and lane closures will be near and within the intersection of Locust Street and Belmont Avenue and traffic will be managed with signs and police details. Drivers are encouraged to seek alternative routes when possible.

Those with questions regarding the project are asked to call the Springfield Water and Sewer Commission at 413-310-3501.

A 24-year-old Norwell man is facing a list of criminal charges after allegedly causing a crash while drunk, high and driving the wrong way on I-95.

A 24-year-old Norwell man is facing a list of criminal charges after allegedly causing a crash while drunk, high and driving the wrong way on I-95.

Around 11:30 p.m., state police received reports of a man driving north on the southbound side of I-95 near Walpole and Norwood. Police began searching for the car, and minutes later another driver crashed into a guardrail in an effort to avoid the wrong-way driver.

No injuries were reported in the crash, state police said.

Police then received another call reporting that the driver had merged onto I-93. The driver eventually turned around and began driving with the flow of traffic; he was pulled over shortly after midnight in Wellesley.

Ahmed Ziad was identified as the driver of the car and charged with a series of offenses: operating under the influence of drugs, operating under the influence of liquor, negligent operation, wrong-way violation on a state highway, marked lanes violation, making a prohibited U-turn, leaving the scene of a crash that caused property damage and a motor vehicle equipment violation.

Ziad was arraigned Friday in Dedham District Court, state police said in a statement.

These are the murder cases that ended in 2016 in Hampden Superior Court either by trial, plea or dismissal

Buffy Spencer | bspencer@repub.com 

Buffy Spencer | bspencer@repub.com 

Buffy Spencer | bspencer@repub.com 

Jeanette DeForge | jdeforge@repub.com 

Marijuana activists on Friday bashed a new law delaying the regulatory structure for retail pot shops. The delay, signed into law by Gov. Charlie Baker a few hours before the activists gathered outside the State House, pushes back key timelines by six months. Watch video

Marijuana activists on Friday bashed a new law delaying the regulatory structure for retail pot shops.

The delay, signed into law by Gov. Charlie Baker a few hours before the activists gathered outside the State House, pushes back key timelines by six months. Retail pot shops were originally scheduled to open in early 2018.

The law doesn't affect marijuana possession and home-growing provisions, which remain legal in the Bay State.

Earlier this week, on a quiet Wednesday, Beacon Hill lawmakers signed off on the bill and sent it to the governor's desk. The State House News Service reported that just three state senators and four state representatives were present when it happened.

Beth Waterfall, a Rockland resident, blasted the delay, saying it pushes back the economic boost the state would receive from a nascent marijuana industry.

"For seven legislators to get together and say we can take another six months to wait for jobs, we can take another six months to delay the will of the voters, it frankly disgusts me," she told reporters.

Sen. Rosenberg defends rush to pass bill delaying retail pot

Waterfall said attorneys who crafted the legalization law, which was passed by Massachusetts voters in November, looked to other states and included a reasonable timeframe that didn't need to be delayed.

"These delays are just another way to inject this whole 'reefer madness,' making it seem like marijuana is a bad thing across the board when clearly it is not, because the voters have voted to bring legal marijuana to Massachusetts," she said. "And these delays are just not acceptable."

As she spoke, the Baker administration notified reporters via email that the governor had signed the delay into law.

Gov. Baker signs new law delaying retail pot shops

The Springfield Parking Authority is seeking to resolve an unpaid $35,000 bill said to be owned the city under an agreement for enhanced police patrols downtown.

SPRINGFIELD -- The Springfield Parking Authority, which has been paying the city up to $300,000 a year for enhanced police patrols downtown, is now seeking to resolve an unpaid bill of approximately $35,000 still owed from last fiscal year.

The License Commission discussed the bill at a meeting Wednesday night prior to renewing a liquor license for CityStage, a performing arts center and longtime tenant of the Parking Authority at the Columbus Center complex.

Thomas Moore, interim executive director of the Parking Authority, said Thursday he expects the bill will be considered at the authority's next board meeting on Jan. 10.

"I'm fully confident and optimistic the parties will resolve this without any trouble," Moore said. "I foresee an agreement making sense to all parties. I don't think it's any real controversy."

The Parking Authority oversees on-street and off-street parking in Springfield, including public garages.

While the CityStage liquor license was renewed by unanimous vote, the commission stated it will discuss the issue again at its Feb. 9 meeting to ensure the bill is resolved. The commission has a policy of not approving or renewing liquor licenses when there are outstanding taxes or other debts to the city, but has permitted exceptions when there are unique circumstances, officials said.

CityStage does not owe the funds, and commissioners said they did not want to hurt any planned events by denying the liquor license.

In June 2013, city officials including Mayor Domenic J. Sarno announced there would be additional patrols downtown and in the South End, aided by the Parking Authority's agreement to pay the city up to $300,000 per year.

The agreement called for the Parking Authority to pay the city $25,000 per month on the condition that the money be used for public safety initiatives. The terms of the agreement are subject to review.

Moore said he believes there was a reduction in cost last year, but the matter continues to be discussed. There are negotiations year-to-year, and there appears to be disagreement on the exact numbers, he said.

"The Springfield Parking Authority supports downtown initiatives to promote public safety and economic development," Moore said. "At SPA, we promote safe, affordable parking."

Once an agreement is reached, the board will be asked to vote on the payment, anticipated Jan. 10, he said.

Moore took over as interim director of the Parking Authority following the resignation of Mary McNally in July. The transition may be one factor in the unresolved bill, Moore said.

Town officials weren't notified of the Dec. 18 derailment until hours after it happened.

BUCKLAND -- A freight train derailed in Buckland last month, but town officials didn't learn about it until hours later.

Now efforts are underway to make sure the rail company does a better job of communicating in the future, reports the Greenfield Recorder.

Around 2:40 a.m. on Dec. 18, four freight cars carrying grain derailed in this small Franklin County town. The cars were part of a 114-car train, and it happened not far from the village center, across the Deerfield River from Shelburne Falls.

State Police were notified more than an hour later, and town officials got the word hours after that. Part of the problem is that Pan Am told police the incident was a "mechanical failure," not a derailment, reports the Greenfield newspaper.

A Pan Am official had originally told the paper that authorities were notified "immediately" after the incident.

State Rep. Steve Kulik, D-Worthington, said his office investigated the incident, and that he shares the town's concerns. He said things could have been much worse if the train were hauling toxic materials.

Kulik said he'd like to see Pan Am and State Police adopt new notification protocols, and that he'd be willing to facilitate a meeting. If that doesn't work, Kulik said he would not be opposed to drafting statewide legislation around freight train incidents.

A Pan Am spokesperson said they followed all internal procedures during the derailment, and would be open to meeting with the town to explain their protocols.

In 2015, the Massachusetts Department of Environmental Protection fined Pan Am nearly $12,000 after the company failed to report a Deerfield fuel spill in a timely manner.

The state's Supreme Judicial Court reduced the conviction of Pablo Vargas from first-degree murder to voluntary manslaughter.

SPRINGFIELD -- Pablo Vargas, 38, was released from prison two days before Christmas after a Hampden Superior Court judge sentenced him to the time he has already served for the 2004 killing of a soldier bound for Iraq.

The state's highest court in August reduced Vargas' first-degree murder conviction to voluntary manslaughter.

Pablo Vargas

The Massachusetts Supreme Judicial Court ordered Vargas' case remanded to Hampden Superior Court, "where the verdict of murder in the first degree and sentence imposed shall be vacated. A verdict of guilty of voluntary manslaughter shall be entered and a sentence imposed."

In a 2006 trial, Vargas, of Holyoke, was convicted of first-degree murder in the fatal stabbing of Tremayne A. King in the apartment he shared with his wife on Bristol Street in Springfield.

King, 27, came home on the night of Sept. 23, 2004, and found Vargas with his wife. In an ensuing fight, King was stabbed eight times, with wounds penetrating his heart and other organs.

The mandatory sentence for first-degree murder is life in prison without the possibility of parole. There is no minimum mandatory sentence for manslaughter.

Springfield lawyer John Thompson, in conjunction with other lawyers and staff in his firm, represented Vargas in his appeal of the murder conviction. Vargas was resentenced Dec. 23 by Judge Edward J. McDonough.

Thompson said the court staff worked hard to make sure Vargas was able to leave Hampden Superior Court a free man at about 2 p.m. that day, without having to go back to the Shirley state prison where he was held in the medium-security section.

Among those at court was Vargas' 18-year-old son, his mother, two sisters and several cousins, aunts and uncles. Some family members live in Holyoke. Vargas' younger daughter wasn't able to attend, Thompson said. The 18-year-old son spoke to McDonough on his father's behalf.

"He is tremendously relieved," Thompson said of Vargas. "Twelve years is a long sentence."

Vargas earned his barber's license in prison and now has over 1,000 hours experience in the trade, Thompson said.

The prosecution asked McDonough to sentence Vargas to 18 to 20 years in state prison.

Hampden District Attorney Anthony D. Gulluni said, "I would like to commend Assistant District Attorney Max Bennett for his ardent representation of the Commonwealth's position in this case. The tragedy of Tremayne's brutal death still reverberates through his family's grief and loss.

"Tremayne's son's impact statement manifested these still raw emotions, which he delivered while wearing his Marine Corps dress uniform, as it was his father who inspired him to enlist." Gulluni said. "Our recommendation was based on the horrific facts of the killing, along with our duty to uphold the law and to seek justice for Tremayne King and his family."

Joshua King, Tremayne King's son, told McDonough in his victim impact statement, "Twelve years after my father was taken, I can honestly say it still haunts me today. I wake up in the middle of many nights having nightmares, and sometimes I find myself not being able to sleep because of the actions of the defendant.

"Growing up, it was hard. I'm not going to give a sob story, but I am going to tell the truth. I had no dad to go to for answers. I had no dad to get advice from," he said.

Bennett, in his argument for an 18- to 20-year sentence, said the stabbing was unjustified and egregious. He asked McDonough to look at the facts of the case as well as the impact King's life had.

The SJC decision said the weight of the evidence supports the conclusion that Vargas killed King "either as the result of reasonable provocation or through the use of excessive force in self-defense."

"Although our review of the record does not reveal any errors that would warrant a new trial, the circumstances of this case persuade us that a reduction of the defendant's conviction from murder in the first degree to voluntary manslaughter is more consonant with justice," the SJC decision said.

According to prosecutors, Vargas had become romantically involved with King's wife, Yanira Rodriguez King. King and Rodriguez King had been having marital problems, according to testimony at Vargas' trial. Vargas pleaded self-defense, saying that King entered the apartment in a jealous rage.

When the jury convicted Vargas of first-degree murder on May 24, 2006, it did so on a theory of extreme atrocity and cruelty. It rejected the prosecution's additional theory of premeditation.

Thompson said this is only the third time in 70 years the SJC has reduced a first-degree murder conviction to manslaughter.

McDonough said the sentence of time served was consistent with state sentencing guidelines and the SJC's ruling.

[enhanced link]

The following is from the SJC decision:

"There are many factors in the present case that convince us that a reduction is warranted. The jury rejected the theory of deliberate premeditation, meaning that it focused its inquiry exclusively on the altercation itself. There was evidence that the victim was the initial aggressor; that the defendant reasonably could have been and was fearful of the victim, who was much larger, trained in unarmed combat, and enraged; and that the defendant swung the knife in a wild manner.

Moreover, prior to using the knife in self-defense, the defendant told Rodriguez to telephone 911. After the altercation, he gave a full statement to police and never contested his involvement in the victim's death.

The sequence that led to the killing indicates spontaneity, and reflects that the killing was more the product of sudden combat and the heat of passion than of malice. It is our conclusion that the jury relied on a confluence of factors, including a complicated set of instructions, in reaching their verdict, which, taken together, may have produced a result not consonant with justice.

The evidence appears overwhelming that the Commonwealth failed to meet its burden in proving the absence of mitigating circumstances beyond a reasonable doubt and, for this reason, we are concerned that the prosecutor's closing argument regarding lying in wait and the judge's failure to address this possibility in the jury instructions may have led the jury astray.

Like the fight in Jones, 366 Mass. at 807, (another Massachusetts case) the altercation in the present case was a senseless brawl. The defendant, through no malicious actions of his own, found himself in a relationship with a woman whose estranged husband had violent tendencies and was trained to kill."

New Year's Day falls on a Sunday this year, complicating holiday schedules for many who will have their legal and work holiday on Monday.

New Year's Day 2017 falls on a Sunday, complicating holiday schedules for many who will have their legal and work holiday on Monday.

Here is partial list of what is open and closed on New Year's Eve 2016 and New Year's Day 2017:

RETAIL

Eastfield Mall:  Eastfield Mall is open Saturday, Dec. 31, from 10 a.m. to 6 p.m., and on Sunday, Jan. 1, from 11 a.m. to 6 p.m. Department store and restaurant hours vary. The mall is open Monday, Jan. 2, from 10 a.m. to 8 p.m. See more information at www.eastfieldmall.com/hours/2017/1.

Holyoke Mall: Holyoke Mall will be open from 10 a.m. to  5 p.m. on New Year's Eve, Saturday, Dec. 31. On New Year's Day, Sunday, Jan. 1, Holyoke Mall will operate again at shorter hours from 10 a.m. to 5 p.m. Department store and restaurant hours may vary. Regular mall hours, 10 a.m. to 9:30 p.m., will resume on Monday, Jan. 2.

More info is available at www.holyokemall.com.

A detailed list of post-holiday sales and store events is available at www.holyokemall.com/sales.

Hampshire Mall: Hampshire Mall will be open from 9:30 a.m. to 5 p.m. on New Year's Eve, Saturday, Dec. 31, and on New Year's Day, Sunday, Jan. 1.  Regular mall hours, 10 a.m. to 9 p.m., will resume on Monday, Jan. 2. 

Department store, theater and restaurant hours for Saturday, December 31^st and Sunday, January 1 are as follows:

• Arizona Pizza Company: Sat: 11 a.m. to 11 p.m.; Sun: 11 a.m. to 10 p.m.
• Autobahn: Sat: 9 a.m. to 6 p.m.; Sun: 10 a.m. to 10 p.m.
• Cinemark: Sat: First showing 9:45 a.m., last showing 10:45 p.m.; Sun: First showing 9:45 a.m., last showing 10:45 p.m.
•  Dick's Sporting Goods: Sat: 9 a.m. to 7 p.m. Sun: 9 a.m. to 7 p.m.
•  Interskate91: Sat-Sun: New Year's Eve All Night Skate 8 p.m. to 7 a.m.
•  JCPenney: Sat: 10 a.m. to 8 p.m.; Sun: 11 a.m. to 8 p.m.
•  Target: Sat: 8 a.m. to 9 p.m.; Sun: 8 a.m. to 11 p.m.
•  Trader Joe's: Sat: 8 a.m. to 6 p.m. Sun: Closed

More information is available at www.hampshiremall.com.

Auburn Mall: Auburn Mall is open 10 a.m. to 6 p.m. on New Year's Eve and New Year's Day and from 10 a.m. to 9 p.m. on Monday, Jan. 2. More information is available at www.simon.com/mall/auburn-mall/about.

Lee Premium Outlets: Lee Premium Outlets is open 9 a.m to 6 p.m. on New year's Eve, Dec. 31, and from 10 a.m. to 7 p.m., on New Year's Day, Jan. 1. More information is available at www.premiumoutlets.com/outlet/lee/about.

Big Y: On New Year's Eve, Dec. 31, all stores will close at 9 p.m. All stores will be open 8 a.m. to 9 p.m. on Sunday, New Year's Day. Pharmacies will be open normal hours New Year's Eve and will be open 11 a.m. to  3 p.m. on New Year's Day. Stores will be open Monday, Jan. 2, from 7 a.m. to 9 p.m.

Stop & Shop: All stores will close at 9 p.m. on New Year's Eve and New Year's Day. Pharmacies will be on regular hours New Year's Eve and open until 3 p.m. New Year's Day.

Walmart: Open. More information is available here.

Kohl's: Kohl's is open Saturday, Dec. 31, from 8 a.m. to 9 p.m., and on Sunday, Jan. 1, from 9 a.m. to 9 p.m. More information is available here.

FINANCE

Banks: Nearly all banks in Massachusetts plan to be closed on Monday, Jan. 2, 2017, the official holiday. The majority of banks that have Saturday or Sunday hours plan to be closed this weekend as well. But the Massachusetts Bankers Association reminds customers to check with their branch.

Stock Exchange: Closed Monday, Jan. 2.

GOVERNMENT

Municipal government offices: Closed Monday, Jan. 2.

Federal court: Closed Monday, Jan. 2.

U.S. District Court: Closed Monday, Jan. 2.

State Courts: Closed Monday, Jan. 2.

Springfield Armory National Historic site: Open

Post Office: U.S. Postal Service locations normally open Saturdays will be open on New Year's Eve, but many will shorten lobby hours and close at noon. All offices will be closed Jan. 2.

TRANSPORTATION

Peter Pan Bus Lines: Expected to be very busy. Passengers are told that schedules are subject to change and delays are expected due to heavy traffic patterns over the holiday. Passengers are asked to arrive at their departure location at least 45 minutes in advance and allow extra travel time. A detailed list of route and schedule changes for the holidays are available here.

Bradley International Airport: Bradley says the airport can be busy. Passengers are asked to arrive 60 to 90 minutes before their flight and to keep in touch with their airlines about delays.

PVTA: Springfield and Northampton buses are on a Sunday schedule. Other local buses, especially those servicing colleges and universities, are on a reduced winter break schedule. A full list of schedule changes is available at www.pvta.com/info.php.

Highway cameras, Twitter and more: MassDOT asks people to check out  www.mass511.com  for real-time traffic conditions and incident advisory information, view traffic cameras, and subscribe to text and email alerts for traffic conditions. Foolow MassDOT on Twitter with the handle @MassDOT

Free Coffee: MassDOT is providing free coffee at travel plazas from 10 p.m. on Saturday, Dec. 31, to 5 a.m. on Sunday, Jan. 1. 

Construction: MassDOT has shut down highway construction for the weekend.

HOV lanes: The High Occupancy Vehicle (HOV) lane on I-93 between Boston and Quincy will be closed on the designated state holiday of Monday, Jan. 2.

Sagamore and Bourne Bridges: The U.S. Army Corps of Engineers, New England District reports that some normally scheduled maintenance-related activities will be suspended specifically so that all travel lanes on the Cape Cod Canal's Sagamore and Bourne bridges will be open through Monday, Jan. 2.

MBTA: The MBTA has announced some changes for its schedule: 

• Subway lines: All subway lines will provide some extra service on New Year's Eve, Saturday, Dec. 31, with additional trains operating from 3 p.m. until approximately 1 a.m.
• Buses, commuter boat/ferry, and the RIDE: These services will operate on a regular Saturday schedule on Dec. 31.
• Commuter Rail: Trains will operate a modified Saturday schedule with extra outbound service from North and South Stations. Details are www.mbta.com/events. Extra trains will make all stops en-route to their destinations and customers must arrive prior to the departure times. Bicycles are also prohibited on all inbound Commuter Rail trains between 10 a.m. and 6 p.m. and all outbound trains from 4 p.m. through the end of service on New Year's Eve.

Attendees took part in a candle lighting ceremony honoring faith, family, community, and African American culture. Springfield native former State Senator Diane Wilkerson was the keynote speaker in the two-hour long program.

SPRINGFIELD — The Office of Mayor Domenic J. Sarno, the Association of Black Business and Professionals and the Black Leadership Alliance (BLA) hosted a citywide Kwanzaa celebration at the UMass Center at Springfield on Friday.

Attendees took part in a candle lighting ceremony honoring faith, family, community and African American culture. Former state senator Diane Wilkerson, a Springfield native, was the keynote speaker in the two-hour long program.

The fifth day of Kwanzaa — Nia or Purpose ("to make our collective vocation the building and developing of our community in order to restore our people to their traditional greatness") — was one of the Seven Principals of Kwanzaa noted during the Friday program.

Wilbraham poet Lynette Elizabeth Johnson read from her book "Only Love Can Do That," and Sarno presented a proclamation from the city. State Rep. Benjamin Swan, D-Springfield, and state Rep.-elect Bud L. Williams, a Springfield city councilor, also spoke at the event.

Local business and organizations set up tables and booths, and men's coats, socks, gloves and accessories were collected to be donated to the Springfield Rescue mission.

Edwin Harrison, 37, of Springfield, is charged with killing an animal and gun and drug offenses.

SPRINGFIELD — The case against city resident Edwin Harrison, charged with shooting a dog on a Forest Park sidewalk on Nov. 18, has moved to Hampden Superior Court.

Harrison is slated for a Jan. 6 arraignment on eight charges. He has already denied similar charges at a Springfield District Court arraignment, but indictments have moved the case to Superior Court.

Harrison, 37, is charged with cruelty to animals, malicious killing of an animal, illegal possession of a firearm, illegal possession of ammunition, possession of a firearm during commission of a felony, resisting arrest, possession of heroin with intent to distribute and possession of cocaine with intent to distribute.

For the firearm and ammunition counts, he is charged as a person with three prior violent or drugs arrests, which increases potential sentences. The prior convictions listed as qualifying were for possession of cocaine with intent to distribute in 2014 and distribution of cocaine in 2007 and 2010.

He is charged as a subsequent offender on the drug indictments.

The owner of the dog — a Jack Russell Terrier/Chihuahua mix named "Cookie" — told responding officers that a male approached him as he was walking his pet and had a disagreement with him about his identity, according to Springfield police.

Harrison pulled out a handgun, shot the dog and then casually walked away, according to police and witnesses. The dog died instantly from a neck wound.

Harrison was arrested after a brief chase. Investigators recovered from him a .22-caliber semi-automatic handgun reported stolen in New Hampshire in 2007, as well as 47 bags of heroin and eight bags of crack cocaine packaged for sale, police said.

Although Donald Trump remained largely silent Friday on the Obama administration's announced sanctions against Russia, the president-elect praised Russian President Vladimir Putin for announcing he would not retaliate against the U.S. for such actions.

Although Donald Trump offered a largely ambivalent response to the Obama administration's announced sanctions against Russia, the president-elect praised Russian President Vladimir Putin Friday for announcing he would not retaliate against the U.S. for such actions.

Trump, who has publicly questioned U.S. intelligence officials' allegations that Russian hackers interfered in the 2016 presidential election, touted Putin's response to President Barack Obama's sanctions and expulsions relating to the reported cyber attacks.

"Great move on delay (by V. Putin) - I always knew he was very smart!" Trump tweeted late Friday afternoon.

Great move on delay (by V. Putin) - I always knew he was very smart!

-- Donald J. Trump (@realDonaldTrump) December 30, 2016

The president-elect's social media praise came just hours after the Russian president announced he would not retaliate against the U.S. over the sanctions, but rather focus on steps to restore relations between the two countries based on the policies of the incoming Trump administration.

Vladimir Putin says Russia will not retaliate against U.S. sanctions, looks to work with Donald Trump's administration

The tweet marked the second time in a week that Trump touted the Russian president on the social media website.

He recently tweeted his agreement with Putin's take on how Democrats handled the outcome of the 2016 election.

"Vladimir Putin said today about Hillary and Dems: 'In my opinion, it is humiliating. One must be able to lose with dignity.' So true!" Trump posted on Twitter last week.

Vladimir Putin said today about Hillary and Dems: "In my opinion, it is humiliating. One must be able to lose with dignity." So true!

-- Donald J. Trump (@realDonaldTrump) December 24, 2016

Trump, in a Thursday response to the Obama administration's sanctions, said he believes "it's time for our country to move on to bigger and better things."

He, however, offered that he would meet "with leaders of the intelligence community next week in order to be updated on the facts of this situation."

The CIA, in a recent secret assessment, concluded that Russia intervened in the U.S. presidential election to help Trump win the White House, instead of just influencing confidence in America's electoral system -- findings reportedly supported by FBI Director James Comey and Director of National Intelligence James Clapper Jr.

According to reports, individuals with connections to the Russian government allegedly provided WikiLeaks with hacked emails from the DNC and Clinton's campaign chairman John Podesta as part of an operation to boost Trump.

Obama, in response to the allegations, announced sanctions against two Russian intelligence services, the GRU and FSB, as well as four individual GRU officers and three companies that provided material support to GRU's cyber operations.

The White House, among other things, further announced the expulsions of 35 Russian government officials from the country's embassy in Washington and consulate in San Francisco, as well as revealed that it would deny access to two Russian government-owned compounds, one in Maryland and one in New York, effective noon on Friday.

Obama said the sanctions and expulsions mark just one portion of his administration's response to the alleged Russian cyber attacks.

Russian officials, however, have cast U.S. intelligence officials' allegations as "absolute nonsense."

Skakel has been out of prison on $1.2 million bail since a Superior Court ruling in 2013.

The Connecticut Supreme Court on Friday reinstated the murder conviction of Michael Skakel, three years after a lower court ruled he is entitled to a new trial, according to reports out of Hartford.

The Hartford Courant and the Associated Press are reporting the state's highest court, in a 4-3 split decision, voted to overturn a Superior Court ruling that granted Skakel a new trial. That ruling overturned the original guilty verdict from 2002 calling it tainted by ineffective lawyering by Skakel's defense team.

The ruling from the court, according to the Courant, stated "Because we conclude that the petitioner's trial counsel rendered constitutionally adequate representation, we reverse the judgment."

Skakel, 56, a nephew of Ethel Kennedy, the widow of Robert F. Kennedy, was convicted of the 1975 murder of Martha Moxley.

Moxley, a neighbor, and Kennedy were each 15 at the time of the murder. She was beaten to death with a golf club in Greenwich.

The original sentence was 20 years in prison and prior to his release threre years ago, he had served just over half, or 11 years.

Skaken has been out of prison on $1.2 million bail since a Superior Court ruling in 2013.

The lower court ruling found that in the 2002 trial, Skakel's attorney Michael Sherman failed to provide adequate representation, primarily by failing to locate a witness who backed up Skakel's alibi that he was at his cousin's house the night of the murder, and failing to find a man who challenged a star witness's claim that Skakel confessed.

Hampshire Mall tenants Autobahn Indoor Speedway and Interskate are offering New Year's Eve promotions.

HADLEY — The Arizona-based PetSmart will open a store at the Hampshire Mall in April in the space that was once home to Best Buy.

 

Lynn Gray, mall marketing director, said the store is expected to open in April after the former Best Buy space is renovated. "We're really excited to add them to our current mix," she said.

PetSmart has stores in Chicopee and Enfield, Connecticut.

Best Buy closed its Hadley store in the fall of 2015.

While there is a Petco and Dave's Soda and Pet Food City nearby, PetSmart "is very interested in the Route 9 market," Gray said. "They saw the growth happening in the area."

In addition to PetSmart, Planet Fitness will join the mall, moving from its current location near Walmart at Mountain Farms to space near JCPenney in March.

Hannoush Jewelers is moving into a new space across the way as other mall tenants are being moved into that store's current space, Gray said.

The mall has bolstered its entertainment component, which includes Cinemark and Interskate, with the addition of Autobahn Indoor Speedway, which opened in October.

Autobahn is offering a special New Year's Day 10 a.m. to 10 p.m. event as well as New Year's Eve day event from 9 a.m. to 6 p.m.

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Interskate is offering an overnight skating party from 8 p.m. to 7 a.m. on New Year's Eve for $19.95 that includes a balloon drop at midnight.

Gray said "we see a lot of cycles" at the mall in terms of businesses coming and going. She said with the mix of retail and entertainment, "we're staying current, staying relevant with the market. I think the entertainment is a very nice complement to the existing retail."

"We service UMass," she said. "When we make merchandising decisions, those things are factored in."

Related photo gallery:

He was last seen in the area around the Peter Pan bus terminal on Main Street.

SPRINGFIELD - A family is seeking help locating their 67-year-old father who has been missing without a trace for several days after last being seen downtown Springfield

Robert PinkertonSubmitted photo 

The family of Robert Pinkerton filed a report missing-person report with police on Tuesday.

He was last seen in the area around the Peter Pan bus terminal on Main Street.

He is described as 5 feet, 11 inches tall, and weighs around 180 pounds. According to the family, he has medical issues.

Anyone with information is asked to call Springfield police at 413-787-6302.

People may also contact the family at 707-296-1110 or via email at cuebrandy@yahoo.com

The Modell's location opened in October 2006 with a visit from Basketball Hall of Famer Robert Parish, who starred on several Boston Celtics championship teams.

WEST SPRINGFIELD -- The Modell's Sporting Goods location at the Century Shopping Center, 393 Memorial Ave., will close Jan. 7 and has already started having going-out-of-business sale, according to employees there.

The store has lost its lease on the space, employees said.

The Century Shopping Center is owned by West Springfield-based Century Investment Co. and is also home to a Bob's Furniture, Savers used goods store, a Big Y World Class Market and a T.J. Maxx department store, among other retailers.

The West Springfield Modell's is the chain's only area location, with the next-nearest being Newington, Connecticut, 31 miles away. Other Massachusetts locations are in Beverly, Boston, Brockton, Cambridge, Medford, Newton and Saugus.

Modell's is a family-owned company based in New York City. It opened in West Springfield in October 2006 with a special appearance by Basketball Hall of Famer Robert Robert Parish, who starred on several Boston Celtics championship teams. The 20,000-square-foot store had 65 employees when it opened. 

Earlier this year, Modell's made some headlines by moving into former locations once run by the bankrupt Sports Authority chain. But Modell's did not buy the entire Sports Authority chain as had been expected by some.

The Holyoke Mall Sports Authority closed in March.

Modell's said in its website it has more than 150 locations in New York, New Jersey, Pennsylvania, Connecticut, Rhode Island, Massachusetts, New Hampshire, Delaware, Maryland, Virginia and the District of Columbia. 

The Modell's news broke the same day it was learned that Sears will close its store in the Enfield Square Mall nearby in Connecticut.