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Ties between Best Buy's Geek Squad, FBI probed in child porn case

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The existence of the small cadre of informants within one of the country's most popular computer repair services was revealed in the case of a California doctor who is facing federal charges after his hard drive was flagged by a technician.

At a giant Best Buy repair shop in Brooks, Kentucky, Geek Squad technicians work on computers owned by people across the country, delving into them to retrieve lost data. Over several years, a handful of those workers have notified the FBI when they see signs of child pornography, earning payments from the agency.

The existence of the small cadre of informants within one of the country's most popular computer repair services was revealed in the case of a California doctor who is facing federal charges after his hard drive was flagged by a technician. The doctor's lawyers found that the FBI had cultivated eight "confidential human sources" in the Geek Squad over a four-year period, according to a judge's order in the case, with all of them receiving some payment.

The case raises issues about privacy and the government use of informants. If a customer turns over their computer for repair, do they forfeit their expectation of privacy, and their Fourth Amendment protection from unreasonable searches? And if an informant is paid, does it compromise their credibility or effectively convert them into an agent of the government?

Best Buy searching a computer is legal - the customer authorized it, and the law does not prohibit private searches. But if Best Buy serves as an arm of the government, then a warrant or specific consent is needed. And a federal judge in the child pornography case against Mark Rettenmaier is going to allow defense attorneys to probe the relationship between Best Buy and the FBI at a hearing in Los Angeles starting Wednesday.

"Their relationship is so cozy," said defense attorney James D. Riddet, "and so extensive that it turns searches by Best Buy into government searches. If they're going to set up that network between Best Buy supervisors and FBI agents, you run the risk that Best Buy is a branch of the FBI."

The FBI and Justice Department declined to comment. Federal prosecutors argued in California that when a technician doing repairs "stumbles across images of child pornography" and the government wasn't aware of the search, "the technician is clearly not performing the search with the intent of assisting law enforcement efforts."

Best Buy spokesman Jeff Shelsaid in a statement Monday that "Best Buy and Geek Squad have no relationship with the FBI. From time to time, our repair agents discover material that may be child pornography and we have a legal and moral obligation to turn that material over to law enforcement. We are proud of our policy and share it with our customers before we begin any repair."

Shelman added, "Any circumstances in which an employee received payment from the FBI is the result of extremely poor individual judgment, is not something we tolerate and is certainly not a part of our normal business behavior." Court records did not detail how often or how much the technicians were paid, other than one $500 payment to one supervisor.

But emails between Geek Squad technicians and FBI agents in the Louisville field office indicate a long-running relationship. In revealing those publicly in a Dec. 19 order, U.S. District Judge Cormac J. Carney required technicians and agents to take the witness stand this week. The ruling was first reported by Orange County Weekly.

Many of the documents establishing the ties between the FBI and the technicians are sealed, but Carney discussed some in his order. He noted that the FBI acknowledged it considered technician supervisor Justin Meade a confidential human source for all but a few months between October 2008 and November 2012.

Different agents handled the Geek Squad technicians, Carney wrote. In October 2009, Agent Jennifer Cardwell emailed Meade to express interest in meeting "to discuss some other ideas for collaboration," Carney disclosed.

In an internal FBI communication in July 2010, Agent Tracey L. Riley told her supervisor that "Source reported all has been quiet for about the last 5-6 months, however source agreed that once school started again, they may see an influx of CP [child pornography]." Meade was later identified as the "source." Other internal communications show the "source" referring possible cases to Riley from computers sent to the Geek Squad from across the country.

"This two-way thoroughfare of information," Riddet, the defense attorney. argued in his motion to suppress the evidence, "suggests that the FBI considers [Meade] . . . to be a partner in the ongoing effort of law enforcement to detect and prosecute child pornography violators. . . . Here it is very clear that Best Buy, and specifically the supervisor who reports its technician's discovery of 'inappropriate' content on customers' computers, are not only working together, but actually planning to conduct more such searches in the future."

The case started in November 2011, when Rettenmaier, a gynecological oncologist in Orange County, Calif., took his HP Pavilion desktop to the Best Buy in Mission Viejo, Calif., because it wouldn't boot up. The technicians at the store told him he had a faulty hard drive. If he wanted to retain information from the hard drive, he would need the Geek Squad's data recovery services in Kentucky.

Rettenmaier signed a service order that prosecutors argue "waived any right to raise a Fourth Amendment claim" because it contained the admonition: "I am on notice that any product containing child pornography will be turned over to the authorities."

Rettenmaier's hard drive was shipped to Geek Squad City in Brooks, Kentucky, a suburb of Louisville. In December 2011, one of Meade's technicians located a photo that Riddet described as a nude prepubescent girl on a bed. In January 2012, court records show Meade emailed Agent Riley in Louisville and said, "We have another one out of California we want you to take a look at, when can you swing by?"

Meade did not respond to phone and email messages. Prosecutors acknowledged that the FBI paid him $500 in October 2011, two months before his co-worker discovered the photo. Meade filed a sworn declaration last year that "I do not remember ever being paid by the FBI."

The search of Rettenmaier's hard drive has a further wrinkle. The image was located on "unallocated space," which is where deleted items reside on a computer until they are overwritten when the space is needed. Unallocated space is not easily accessed - it requires special forensic software.

Prosecutors said that the Geek Squad technician who searched the unallocated space was merely trying to recover all the data Rettenmaier had asked to be restored. Riddet argued that the technician was going beyond the regular search to deleted material to find evidence the FBI might want.

In addition, a federal appeals court has ruled that pornography found on unallocated space is insufficient to prove that the user possessed it, since information about when it was accessed, altered or deleted is no longer available. "There was no evidence of how the contraband got onto Dr. Rettenmaier's hard drive," Riddet wrote, "and it could have gotten there before he possessed the computer or against his will."

An internal FBI email indicated that agents knew charges were unlikely based on an image in unallocated space. But prosecutors did authorize a search warrant for Rettenmaier's computer and home, which was executed in February 2012. It is unclear why Rettenmaier was not indicted until almost three years later, in November 2014.

Judge Carney will allow Rettenmaier's lawyer to question not only the Best Buy technicians and FBI agents involved in the case, but also the federal prosecutor who authorized the searches at the upcoming hearing. "The relationship between the FBI and Best Buy [informants] prior to Rettenmaier's hard drive's repair," Carney wrote, "is relevant to how Meade understood his role as an informant and the possibility of an agency relationship between those who specified [the technician's] procedures and the government."

Best Buy's Shelman said, "To be clear, our agents unintentionally find child pornography as they try to make the repairs the customer is paying for. They are not looking for it." He said store policy bars agents from doing "anything other than what is necessary to solve the customer's problem."

Stan Goldman, a law professor at Loyola Law School, likened Best Buy's search to the "plain view" doctrine for police: If officers can see something in plain view, they have reason to search or seize it. "Whatever they see while searching within the scope of what they were asked to do would be admissible, in my view," Goldman said. "If they start searching on their own, they've gone beyond what is 'plain view.' " He said what a customer consents to when ordering the work is crucial. "Have people actually understood that they've agreed to have their entire computer searched? I don't think so, but you can't be 100 percent certain."

(c) 2017, The Washington Post. Tom Jackman wrote this story.

Truck rolls over on I-495 southbound in Andover

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The accident has blocked two lanes, and completely shut down the ramp to I-495 from Interstate 93 northbound.

The Massachusetts Department of Tranportation is warning of a truck rollover on Interstate 495 southbound in Andover.

The accident has blocked two lanes, and completely shut down the ramp to I-495 from Interstate 93 northbound.

The accident occurred at exit 40 near I-93, around 5:45 a.m. A Google Traffic Maps image indicates that there will be heavy slowdowns near the accident, although MassDOT has not released any information about delays on the road.

According to WCVB.com, the truck was carrying loads of potatoes when it crashed and rolled onto the median. Eight tow trucks have been called in to clear the scene.

Springfield City Council president announces committee to help improve police-community relations

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New Springfield City Council President Orlando Ramos said that a new 15-member committee will meet in the neighborhoods and look for ways to improve police-community relations.

SPRINGFIELD — New City Council President Orlando Ramos announced the creation of a 15-member committee on Monday aimed at improving the relationship between the police and community.

The board will consist of city councilors, residents and police officials.

"It's important because of what people have described to me as a fractured relationship between the Police Department and the community," Ramos said. "I thought it was necessary for us to do what we can to help improve that relationship."

The Police/Community Relations Committee was announced during a press conference at City Hall, where Ramos also named his appointment of city councilors to 12 standing council subcommittees.

Ramos said there were few significant committee changes, reflecting the "great job" done by former council President Michael Fenton in matching councilors to committees to reflect their talents and familiarity of the issues.

The new Police/Community Relations Committee will consist of two city councilors, the mayor or his designee, the police commissioner or his designee, the district attorney or his designee, and president of the Patrolmen's Union or his designee and the president of the NAACP or his designee.

In addition, there will a resident chosen from each of the eight wards in Springfield, nominated by the ward councilors and appointed by Ramos. Ramos encouraged residents to let their ward councilors know if they have an interest in serving.

The committee will meet in all the wards in the coming year for public input and provide its findings and recommendations for improved relations to Mayor Domenic J. Sarno and the City Council.

Councilor Thomas Ashe, selected by Ramos to remain as chairman of the Public Safety Committee in 2017, will also serve as chairman of the Police/Community Relations Committee.

Ramos also appointed a special Casino Oversight Committee to include Fenton as chairman and councilors Adam Gomez, Timothy Allen and Ashe as members. Ramos plans to appoint one additional member.

Ramos, as president, serves automatically on all committees.

The following is the list of Ramos' committee appointments with the chairman listed first:

  • Finance Committee: Timothy Allen, Michael A. Fenton, E. Henry Twiggs

  • Economic Development: Adam Gomez, Fenton, and Melvin Edwards.

  • Public Safety: Thomas M. Ashe, Justin Hurst, and Kenneth Shea.

  • General Government: Hurst, Edwards, Allen

  • Maintenance and Development: Kateri B. Walsh, Bud L. Williams, and Gomez

  • Health and Human Services: Timothy Rooke, Hurst and Marcus Williams

  • Race and Civil Rights: Twiggs, Walsh and Bud Williams

  • State and Federal Relations: Bud Williams, Rooke and Walsh

  • Committee on Elder Affairs: Marcus Williams, Twiggs, and Walsh

  • Audit: Fenton, Rooke and Shea

  • Special Permits: Shea, Ashe and Gomez

  • Responsible Employees Ordinance: Edwards and Allen

Amherst College men's cross country put on probation for emails that described some female students as 'meat slabs'

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In some of the emails, women were described as "meats slabs," and at least one was referred to as "a walking STD."

The Amherst College men's cross country team will now be placed on athletic probation after a series of homophobic, transphobic, racist and sexist comments from emails sent between members was discovered last month.

Originally, all the team's activities were suspended, but, according to WCVB.com, the team will now be placed on probation, and some its members will be suspended.

The emails were first reported on by the school's student magazine, The Indicator. 

In one message, the upperclassmen of the team sent incoming members photographs of female students with comments about their sexual history. 

In some of the emails, women were described as "meats slabs," and at least one female student was referred to as "a walking STD." 

College President Carolyn "Biddy" Martin called the messages vulgar, cruel and hateful.

"These exchanges are supposedly meant to 'welcome' new teammates and introduce them to the culture of the team. The messages are appalling," Martin wrote.

One student in the email chain wrote to apologize for the incident. 

"As many have said, the summer email chain is a time to poke fun at various members of the Amherst XC community, but I realize now that I took it over the top," wrote the student, who wasn't identified.

Earlier in December, the Harvard men's cross country team was placed on athletic probation for creating a spreadsheet containing crude and sexualized statements about members of the women's cross country team, the Harvard Crimson reported. It was unclear what exactly athletic probation meant for the team, but a captain quoted in the story said it would not affect the team's season or competition. 

Obituaries from The Republican, Jan. 10, 2017

'Overwhelming' marijuana smell leads Springfield police to drug, gun arrests

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"That money is regular money," Brandon Lamore said, referring to about half of the $3,949 that detectives found in his pockets, police said.

SPRINGFIELD — Brandon Lamore's luck was up the moment the window of his Nissan Altima rolled down.

"I was overwhelmed by the strong odor of burnt marijuanna," Sgt. Julio Toledo wrote, describing a traffic stop in Springfield's North End last week that ended with Lamore facing motor vehicle, drug and firearms charges.

Springfield narcotics detectives pulled Lamore over on Plainfield Street for allegedly twice failing to use turn signals and having illegally tinted windows, according to the arrest report.

When Lamore rolled the driver's side window down, police spotted 15 burnt marijuana cigarettes in a cup holder and a gold folding knife under the leg of a passenger, Aaron Cabrera, 22, of Springfield.

Other discoveries followed: several bags of marijuana in the center console, a knife in Lamore's belt, $3,949 stashed in his pants and a loaded 9mm Luger in the backseat, the report said.

Lamore, 24, of Springfield, pleaded not guilty in Springfield District Court to 10 charges, including possession of a firearm without a license, possession of marijuana with intent to distribute (second offense), driving under the influence of drugs (marijuana) and driving with a license revoked as a habitual traffic offender.

Cabrera, the passenger, pleaded not guilty to possession of a firearm without a license, possession of ammunition without an FID card and possession of marijuana with intent to distribute.

During the traffic stop, Lamore was sluggish, lethargic and slow to cooperate, according to the report. He refused to give police his license and initially refused to roll the window down more than one-third of the way. When a detective saw a knife in his belt, Lamore said "he forgot it was there," the report said.

Just getting him to leave the car was challenging, the report said. After twice being ordered out, "Mr. Lamore stared at me blankly (until) I ordered him to open the door again," Sgt. Toldeo wrote.

Once outside the car, he was asked to produce a license for the Luger in the backseat. "What are you talking about?" he asked, according to the report.

Police found $1,634 in his left front pocket, $880 in the right front pocket, $410 in the left back pocket and $70 in the right back pocket, the report said.

Lamore objected to police seizing $1,634 from one pocket, saying, "That money is regular money," the report said.

"What about this money here; what is this?" an officer asked, referring to cash in the other three pockets.

Lamore had no response, the report said.

The arrests took place in a neighborhood known for rampant, open-air drug sales, where city, state and federal agents have made thousands of arrests in recent years, the report said.

At a prosecutor's request, Judge William Boyle set bail at $25,000 for each defendant, and ordered them to return for a pretrial hearing Feb. 2.

Proposal to build garage at Interstate Towing in Chicopee draws ire from neighbors

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The president of Interstate Towing said he did not plan to expand his business with the additional building.

CHICOPEE - The owner of a towing company faced numerous complaints about noise, lights and illegal buildings when appearing before the Planning Board to request a permit to build a large garage to house trucks.

Jeremy Procon, president of Interstate Towing, wants to build a 7,425 square-foot garage on his property at 1660-1680 Westover Road to house five or six of some of his larger and most expensive vehicles.

"It is just a box...no body shop, no repair shop," he said.

Procon explained the building will be heated, insulated and have sprinklers according to state fire regulations. Employees will be able to wash the trucks inside the building and drainage system will catch and clean the water before it goes into the city's storm drain system.

"There will be no additional traffic and it will not be open to the public," Procon said.

He said he is not expanding or adding new employees and the garage will reduce noise because it will bring trucks and employees inside into an insulated building.

The property is zoned industrial and fits city regulations, he said

But the Planning Board tabled the request for a site plan approval in a 7-0 vote after learning that Procon had installed two temporary metal garages on his property without receiving any permits.

"If it is within 100 feet of a residential zone it needs a public hearing," James Dawson, development manager for the Planning Department, said. "Our recommendation is to table until that is resolved."

Member Elin Gaynor agreed, saying people cannot even erect temporary cloth garages on their property without building permits and said the issue must be resolved before the garage is approved.

At least a dozen neighbors to the towing company attended the meeting and aired complaints about noise from employees shouting and trucks backing up in the middle of the night and and lights shining into their homes.

At times the meting grew so heated Chairwoman Cynthia Labrie had to break in and remind people they had to address the Planning Board and cut off back-and-forth disagreements between neighbors and Procon.

"I can't leave my windows open on a beautiful summer night," Theresa Benoit said, explaining the combination of the noise from employees and beeping when trucks back up force her to run air conditioning all the time.

Benoit, who lives across the street from the company also complained about the lights from employees and customers who are constantly coming and going during the night.

She said the problem was not as bad when Procon had a solid wooden fence surrounding his property that blocked the lights and absorbed a lot of the noise.

Procon said he had to replace the fence because it was in poor condition. When he did, a chain link one was put in instead in part because the city told him the existing fence blocked the visibility and in part because neighbors preferred the chain link fence.

One of the biggest complaints was the beeping noise that comes every time a truck backs up on the property.

"You will hear beep, beep, beep, it's annoying as hell," said Anthony Wolf, who lives nearby. He also called for the temporary buildings to come down.

The backup noise is no longer required by law and Procon said he is in the process of replacing the audio monitors with silent backup cameras but said not all the trucks have been switched over yet. He said he could unplug the backup alarms immediately if that would make neighbors happy.

While neighbors accused him of being a liar, Procon defended himself saying some of the accusations residents made were blatantly wrong and he said when he invited neighbors to a meeting to talk about different issues only one family attended.

He argued he is very accessible and has shared his cell phone number with residents. Neighbors responded that they were unable to leave a message on his phone because the mailbox was full.

He reminded people the property has been zoned for industry since 1941 and neighbors also complained about problems with the last business which owned the land.

The issue will be continued until the next Planning Board meeting on Feb. 2.

Speaker Robert DeLeo takes case-by-case approach to mandatory minimum sentences

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Whether to eliminate mandatory minimum sentences for non-violent drug crimes has emerged as a flashpoint in a Beacon Hill debate over criminal justice.

House Speaker Robert DeLeo, D-Winthrop, said Monday that he did not believe the House would repeal all mandatory minimum sentences, but he said he would be open to reconsidering some of them on a case-by-case basis.

"There may be some that could require some discussion, but just to say a blanket doing away with mandatory sentences, I would think would be difficult in the House," DeLeo told reporters.

Whether to eliminate mandatory minimum sentences for non-violent drug crimes has emerged as a flashpoint in a Beacon Hill debate over criminal justice.

Lawmakers plan to consider a comprehensive criminal justice reform bill this session, based on a review done by the Council of State Governments Justice Center. That review focuses mainly on issues of post-release supervision as well as education programs for inmates.

The review did not look at issues related to sentencing, such as mandatory minimum sentences. Advocates for sentencing reform have urged lawmakers to put a greater focus on sentencing reform as a way to keep people out of jail in the first place. In particular, they are urging the abolition of mandatory minimum sentences for non-violent drug crimes, along with other reforms.

But whether that agenda will move forward in the Legislature remains to be seen. DeLeo said he has not yet polled members of the House on the issue. Personally, he said he would have to consider each sentence on a case-by-case basis. "I would have to take a look at each and every one, quite frankly," DeLeo said.

Asked whether sentencing reform should be part of the criminal justice bill, even though it was not a focus of the Council of State Governments report, DeLeo said from the beginning of the process, he has wanted to focus on three areas: diverting people from jail through drug courts and other alternatives; providing education and skills training during incarceration so someone can reenter society; and reducing recidivism, also potentially through more educational programming.

"Some of these folks just aren't being prepared to go out into the real world," DeLeo said.


Springfield man with 12 restraining orders arrested in new domestic abuse case

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"She was gasping for breath," Assistant District Attorney Jill O'Connor said. "He said he would kill her if she kept disrespecting him."

SPRINGFIELD - A Springfield man who has been the subject of 12 abuse prevention orders is facing new domestic abuse charges.

Daniel Davila, 34, pleaded not guilty Monday in Springfield District Court to domestic assault and battery, strangulation, witness intimidation and threat to commit a crime.

He was arrested after allegedly slapping, choking and threatening to kill his ex-girlfriend after showing up at her apartment on Jan. 3, Assistant District Attorney Jill O'Connor said during Davila's arraignment.

"She was gasping for breath," the prosecutor said. "He said he would kill her if she kept disrespecting him."

Police found visible signs of bruising on the victim's neck, she said.

O'Connor asked for $10,000 cash bail, citing the defendant's extensive criminal history. In addition to convictions for larceny, receiving stolen property, resisting arrest and other crimes, Davila has been the subject of 12 abuse prevention orders issued to seven different women, O'Connor said.

Defense lawyer Renata Rybak asked for $1,000 bail, saying the victim herself believes "the case has been blown out of proportion."

Davila works full-time, has three children that he supports, and has strong family ties to the area, according to Rybak, who said he poses no risk of flight.

The victim, meanwhile, has recanted her allegations and wants the charges dropped.

"She has requested that the police withdrawn the case," Rybak added.

Judge William Boyle
, after studying the defendant's probation record, addressed the prosecutor.

"So right now he has 12 abuse prevention orders from seven different (women) and two of them are permanent?" the judge asked.

"Yes, your honor," O'Connor said.

Boyle set bail at $10,000 and ordered Davila to return for a pretrial conference on Feb. 1.

Massachusetts teacher named national finalist for teacher of the year

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A high school teacher working in Massachusetts has been named one of four finalists for National Teacher of the Year.

A high school teacher working in Massachusetts has been named one of four finalists for National Teacher of the Year.

Sydney Chaffee is a ninth grade teacher with Codman Academy Charter Public School. She has taught English language arts and social studies at the school in Dorchester for 10 years.

She was named Massachusetts teacher of the year in May and is the sixth Massachusetts teacher of the year to become a national finalist in the competition.

"It's a joy to be recognized for doing something I love," Chaffee said. "I am honored and humbled to be among the finalists, and I look forward to learning from all of the state teachers of the year."

The National Teacher of the Year program, run by the Council of Chief State School Officers, seeks to identify exceptional teachers nationwide and celebrate their effective work in and outside of the classroom.

The other three finalists include: Chris Gleason, an instrumental music teacher and band director in Sun Prairie, Wis.; Megan Gross, a special education teacher in San Diego; and Athanasia Kyriakakos, an artist and teacher in Baltimore, Md. The winner will be announced this spring.

Slick roadway causes 11 vehicles to crash on I-91 south Tuesday morning

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Eleven cars crashed on Interstate 91 south in a short span Tuesday morning due to slick conditions on the roadway, causing no injuries -- but, possibly, numerous headaches among responding law enforcement and dispatchers.

Eleven cars crashed on Interstate 91 south in a short span Tuesday morning due to slick conditions on the roadway, causing no injuries -- but, possibly, numerous headaches among responding law enforcement and dispatchers.

A single car skidded off the road and crashed at 7:15 a.m. near the South End Bridge and exit 1, starting off the series of accidents.

The next, a five-car crash, occurred just eight minutes later just south of the first incident.

Moments later, two more cars crashed in the same general area.

"They said it's a little slick down there," Massachusetts State Police Tpr. David Vincent told MassLive. "I have Mass Highway out there laying down sand and salt."

At 8:10 a.m., three more cars crashed, also on I-91 south, near exit 8.

No injuries have been reported, according to Vincent.

"All the cars were moved into the breakdown lane and towed," he said.

Responders had cleared the roadway near the South End Bridge of disabled vehicles by 8:15 a.m. and the resultant traffic had largely cleared up.

Meanwhile, tow trucks were still at work clearing the three crashed vehicles from the scene of the exit 8 crash, Vincent said. By 8:30 a.m., Google Maps showed a moderate traffic backup near exit 8.

Vincent advised area residents to exercise caution on potentially slick roads Tuesday.

Electrical fire displaces 4 adults and 3 children in East Springfield

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The blaze at 109-111 Ardmore St. was reported shortly before 7:15 p.m. on Monday, Dennis Leger, aide to Commissioner Joseph Conant, said. No injuries were reported.

SPRINGFIELD -- An electrical fire displaced seven people in the East Springfield neighborhood Monday night.

The blaze at 109-111 Ardmore St. was reported shortly before 7:15 p.m., Dennis Leger, aide to Commissioner Joseph Conant, said. No injuries were reported.

The Springfield Arson and Bomb Squad determined the fire started inside the ceiling of the upstairs unit. Damage, which includes water damage downstairs, is estimated at $5,000 to $10,000.

The American Red Cross is aiding the four adults and three children who were displaced.


Civil trial begins for UMass staff supervisor accused of sexual harassment

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Isheika Hackett claims her boss threatened to fire her if she would not have sex with him.

NORTHAMPTON -- A civil trial is underway in the case of a female maintenance worker at the University of Massachusetts who claims her former supervisor at the Amherst campus threatened to fire her if she would not have sex with him.

A jury was seated Monday and courtroom proceedings are set to continue today in Hampshire Superior Court

The initial complaint, filed in 2013 by Florence resident Isheika Hackett, names John C. Reilly II of Chicopee and UMass Amherst as defendants. Hackett claims that the unwanted conduct was severe and pervasive, materially altered her conditions of employment and resulted in extreme emotional distress. She seeks unspecified damages and injunctive relief.

Hackett claims that Reilly engaged in a pattern of obscene, vulgar and derogatory behavior toward her and other female employees. She requested and was granted a transfer in 2011. Nonetheless, Reilly sexually assaulted her when she came in on a Saturday to work an overtime shift, Hackett claims.

According to the complaint, Reilly on Feb. 20, 2012 asked Hackett to have lunch with him, and she refused. When she returned from lunch break, he threatened to have her written up for being late, she claims. Hackett says she was not late, but because she had been cited for tardiness twice before, was afraid she would be fired.

Reilly insisted upon a private meeting in his office, Hackett's complaint reads. On the way, the complaint states, he allegedly pulled her into a storage room, made sexual advances and refused to let her leave.

Hackett says in her complaint that she rebuked him multiple times before he screamed at her "you are so f-ing done here" and "you know you can't afford to get into any more trouble here and so do I. You'll see what happens when you f-ing lead me on."

The university knew or should have known of the sexual harassment, and failed to take reasonable steps to prevent it, Hackett states.

Hackett, a Florence resident, has retained John T. Martin and Luke Rosseel of the Worcester-based KJC Law Firm, LLC. UMass Amherst is represented by its own Shrewsbury-based general counsel in the form of lawyers Jean Marie Kelley and Denise Barton. Reilly is defending himself in the matter.

Hackett in her complaint demanded a trial by jury.

Fired Agawam police officers attending state Civil Service Commission hearings in effort to win back jobs

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The hearings before the Massachusetts Civil Service Commission are a chance for Sgt. Anthony Grasso and officers Edward Connor and John Moccio to tell their side of the story. The cops were fired in October for their roles in an alleged use-of-force incident involving a drunk-and-disorderly crime suspect.

AGAWAM -- Three fired Agawam police officers who have appealed their terminations with the Massachusetts Civil Service Commission are due back in Springfield on Tuesday for a second day of closed-door hearings.

John Connor, the attorney representing Sgt. Anthony Grasso and officers John Moccio and Edward Connor, all veterans of the Agawam Police Department who were fired on Oct. 16, says he's confident the officers will be reinstated once all the facts are known. The Connors are not related.

Agawam Mayor Richard Cohen terminated the officers in connection with an incident involving a 27-year-old Connecticut man who became combative after a Six Flags New England employee refused to serve him more alcohol at the Agawam amusement park.

Cohen and Agawam Police Chief Eric Gillis have not released details about the alleged use-of-force episode, which prompted investigations and resulted in the firings.

Connor said his clients "acted in accordance with the rules and regulations of the department" and used their training to subdue a drunk and violent suspect who tussled with officers at Six Flags and again at police headquarters.

The officers attended their first full evidentiary hearing before the Civil Service Commission on Monday at the state office building in Springfield. The appeal states the cops were fired without just cause, a violation of civil service law, and seeks their reinstatement with full back pay.

"We are confident that a fair review of the facts in this case, including the video of this incident, will result in reinstatement for all three officers by the Civil Service Commission," Connor said in a statement.

The officers have come to be known as the "APD3," which is also the name of a Facebook support page created to put together "meaningful ideas to support the APD3."

Two separate GoFundMe accounts were established to help the officers and their families. One account has yet to raise any donations since being created in late October, while the other has received only a $60 pledge since its launch on Nov. 5.


Fire destroys Lyn Drive home in Granby, cause under investigation

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The home at 22 Lyn Drive was fully-involved when firefighters arrived on scene, according to a post on the police department's Facebook page.

GRANBY -- Investigators are still attempting to determine the cause of a fire that destroyed a Lyn Drive home Monday night.

The home at 22 Lyn Drive was fully-involved when firefighters arrived on scene, according to a post on the police department's Facebook page.

They were met outside by the homeowner who reported that he and his pets were safe and that there was nobody inside the burning home.

The investigation is being conducted by the Granby Police Department, South Hadley Fire District 2 and the Massachusetts State Police attached to the State Fire Marshal's Office.


Chicopee School finance director leaving, will be replaced with 2 people

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Chicopee High School Principal Roland R. Joyal Jr. will begin working as assistant superintendent of human resources on Jan. 30.

CHICOPEE - The long-term director of finance and human resources at the School Department is leaving for a new job, forcing education officials to hire two people to replace him.

Stephen N. Nembirkow announced he would be leaving for a similar job as school business manager in the Bristol, Connecticut School District on Jan. 25.

"I've been here for a long time, I'm going to miss everyone," Nembirkow said.

Nembirkow served as the school department's business manager from 1999 to 2002 when he left to become the assistant superintendent for business in Longmeadow. Later he transferred to a similar job in the Wilbraham-Hampden Regional School District.

He returned to Chicopee in 2006, initially as business manager. Shortly after he returned, the School Committee voted to combine the job with that of assistant superintendent of human resources to save money and because Nembirkow had some unique experience that qualified him to do both jobs, Superintendent Richard W. Rege Jr. said.

But Rege said he will have to split the job again. In December, the School Committee voted to promote John Miarecki, financial analyst for the School Department, to finance manager.

Rege said he initially planned to promote Chicopee High School Principal Roland R. Joyal Jr. as assistant superintendent of human resources to serve in the position part-time while continuing to overseeing the school until the end of the academic year, but later reversed his decision.

Instead he will promote Joyal to the position to take over full-time on Jan. 30 and in the next three weeks will interview and hire someone to serve full-time as principal of the school.

"We are in turnaround mode for both high schools and I wanted the (new) principal to have a chance to get in and get started," he said.

The Massachusetts Comprehensive Assessment Systems exam scores at Chicopee High and Comprehensive High have stayed relatively the same for years while elementary and middle schools have had more success at improving. The School Department is now working with a state turnaround team which is helping the students to progress, he said.

Rege said he has posted for a new principal among existing school staff and will begin interviews soon.

"I will quickly make that appointment," he said.

Joyal, who holds a doctorate degree in education, has served as principal of Chicopee High School since 1999. Before that he was the assistant principal at Roger L. Putnam Vocational Technical High School in Springfield.

"He is the perfect fit for human resources superintendent," Rege said.

The job is complex because all staff must hold particular certifications and Joyal has developed the experience to handle that while serving as principal of a high school of about 1,000 students, Rege said.

Joyal also has served on most negotiating teams and has a lot of experience working with the Chicopee Education Association, he said.

Rege said he does not expect to be paying that much more in salaries even though he is dividing one job into two. One of the reasons is he will eliminate the financial analyst job.

Currently Joyal earns about $114,000 a year and is expected to continue at that salary. But Rege said he expects to hire a new principal at a much lower salary because they will not have the 17 years of experience Joyal had in the position.

Miareck will see a sizable increase in his pay. He currently earns nearly $60,000 a year and that will rise to $95,000 as budget manager, but Miareck's existing job will be eliminated. The financial analyst job was created to take some of the work off Nembirkow because he was doing two jobs.

Nimberkow earned $123,300 a year in his position.

Pittsfield man sentenced to prison for stabbing pregnant girlfriend

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Richard Martel pleaded guilty to aggravated assault and battery with a dangerous weapon.

PITTSFIELD - A 27-year-old Pittsfield man on Monday was sentenced to up to 6 years in prison after he pleaded gulty in Berkshire Superior Court to stabbing his pregnant girlfriend in the back 11 months ago.

Richard Martel pleaded guilty to a single count of aggravated assault and battery by means of a dangerous weapon. Judge John Agostni ordered him to serve a 4- to 6-year sentence at the Massachusetts Correctional Institution at Ceder Junction in Walpole, according to the office of Berkshire District Attorney David F. Capeless.

Two other charges for armed assault with intent to murder and assault and battery with a dangerous weapon on a pregnant victim were dismissed at the request of prosecutors, according to the DA's office.

The assault occured on Feb. 29 in Pittsfield.

The victim, a 37-year-old woman whose name was not disclosed to the press, was stabbed four times in the lower back and suffered cuts to her arm, according to earlier reports. Police were alerted when she ran screaming from their apartment.

Martel was found inside the apartment and taken into custody. He told police at the time that he blacked out and did not remember stabbing anyone, but when he woke up he had a bloody knife in his hand.

Improper disposal of wood stove ashes cause of fire that destroyed Granby home

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Jennifer Mieth, spokeswoman for the state Fire Marshal's office, said investigators determined that hot wood stove ashes were placed in a plastic tote bin and left outside too close to the home.

Updates story posted at 9:25 a.m.

GRANBY -- Improper disposal of wood stove ashes was the cause of a fire that destroyed a Lyn Drive home Monday night.

The blaze at 22 Lyn Drive was reported shortly after 10:15 p.m. The homeowner and his pets were not injured.

Jennifer Mieth, spokeswoman for the state Fire Marshal's office, said investigators determined that hot wood stove ashes were placed in a plastic tote bin and left outside too close to the home.

The state Fire Marshal's office recommends that wood stove and fireplaces ashes be placed in a metal container with a lid and kept at least ten feet away from the side of the house.

"People don 't realize that a single ember can stay hot in what seems to be cold ashes for a couple of days sometimes," Mieth said.

A cover is important because wind can fan those embers back to flame.

"This is the time of year where we are starting a lot of these improper disposal of ashes fires," she said.

Winter fire safety tips are outlined in the state Fire Marshal's Keep Warm, Keep Safe program.


Father in Erika Murray dead babies case seeks dismissal of abuse charges

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WORCESTER, Mass. (AP) -- Lawyers for a man who lived in the same Massachusetts home in which the remains of three babies were found have asked a judge to dismiss child abuse charges against their client. Ramon Rivera, who also goes by Raymond, is charged in connection with two of the four living children found in the squalid Blackstone...

WORCESTER, Mass. (AP) -- Lawyers for a man who lived in the same Massachusetts home in which the remains of three babies were found have asked a judge to dismiss child abuse charges against their client.

Ramon Rivera, who also goes by Raymond, is charged in connection with two of the four living children found in the squalid Blackstone home in 2014.

Authorities say the children -- ages 3 years and 5 months at the time -- were severely neglected.

The Milford Daily News (http://bit.ly/2j3XD0x ) reports that his lawyer told a judge Monday that Rivera never had "care and custody" of the children. They said Rivera's girlfriend and the mother, Erika Murray, continually lied to him about the children and said they were not his.

DNA testing confirmed Rivera's paternity.

The judge didn't rule.

Granby town meeting rejects $178K school request to wipe out lunch program deficit

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Town officials said independent audits showed there was a problem years ago, and that it appears previous school superintendents either failed to grasp the problem, or did nothing to address it

GRANBY - Town meeting on Tuesday rejected spending $178,113 requested by the school department to address the lunch program deficit.

School committee representatives who spoke in favor of the article said the deficit began accumulating in 2010, that the body did not become aware of the problem until last year, and that the committee has been working since May to prevent this from recurring.

Town officials said independent audits showed there was a problem years ago, and that it appears previous school superintendents either failed to grasp the problem, or did nothing to address it.

Finance committee chairman John Libera said Town Meeting should not appropriate the money until the school department actually has a plan in place to prevent a recurrence.

School board chairman Emre Evren said the committee has been formulating a plan they will put in writing, upon completion, so that procedures are in place to specify fiscal reporting requirements for the lunch program. Evren said the $178,113 deficit covers the period though June 30, 2016, and that $17,000 has been added to the deficit since the start of the school year.

Town and school officials agreed that the problem is the result of insufficient lunch revenue to cover the program's costs, and said an increase in the fee for meals is an option.

The vote was 37 against funding the deficit, and 30 in favor.

One resident who opposed using town reserves to cure the deficit said the money should come out of the school's operating budget.

"Taking it out of your current school budget -- that is the only way to make you accountable," John Matthew said.

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