Glad to see you go, was the message of Holyoke, Massachusetts on Monday, Jan. 30, 2017 as piles of wooden railroad ties finally were removed from state property off Cabot Street where a 2015 fire tied up firefighters for five hours and the fire chief said the piles were a significant hazard. Watch video

HOLYOKE -- Workers today removed piles of wooden rail ties on state property off Cabot Street where the fire chief has said that the heaps of planks posed a hazard and a fire in 2015 tied up firefighters for five hours.

"The state is currently removing those burnt and destroyed piles of railroad ties behind C-Town Supermarket. All of the debris are being loaded onto rail cars and should be disposed of by the end of the day," Fire Chief John A. Pond said in an email.

A crane loaded the ties onto rail cars to be hauled away behind the C-Town Supermarket at 13 Cabot St.

"Please note that all of the remaining railroad ties have been removed," Judith Riley, spokeswoman for the Department of Transportation (DOT), said in an email at 4:40 p.m. Monday.

A DOT spokeswoman said in August that the ties, which each weigh 145 pounds to 200 pounds and are 8 feet to 10 feet long, must be taken to a special plant in Maine to be chopped and burned because of the chemicals used to treat and preserve them.

Holyoke fire officials have said that such chemicals would exacerbate a fire because a blaze would cause carcinogens to drift through the air.

A common chemical wood preservative applied to railroad ties is creosote, the burning of which the U.S. Environmental Protection Agency said should be avoided because of the "possible inhalation of toxic chemicals in the smoke and ash."

A fire that began just after midnight on Nov. 24, 2015 in one of the piles of rail ties kept firefighters busy for more than five hours and required two responses later that day to extinguish flare ups. The cause of that fire was undetermined but might have been related to a homeless person sleeping near the stack of ties, officials said.

The DOT angered local officials by missing several deadlines by which DOT representatives had said the ties would be removed over the past few years, including the end of calendar year 2016.

State blows another deadline as 'significant hazard' of railroad ties remain piled in Holyoke (photos)

That prompted Pond to say earlier this month, "The railroad ties pose a significant hazard not only from a fire load perspective, but also carcinogens and environmental conditions. It appears some of the railroad ties have been removed since (August) but the process must be expedited."

Riley said last week the rail ties would be hauled away by today weather permitting.

The removal of the rail ties was important to the people who live and work in the area because having them gone increases public safety, City Councilor Nelson R. Roman said.

"I welcome this long overdue news, I am grateful that MassDOT is finally remedying this hazard and eyesore. This is a victory for South Holyoke and the city of Holyoke overall," said Roman, the Ward 2 representative on the council.

DOT has been working to dispose of the wooden railroad ties since the state acquired the railroad property from Pan Am Railway in May 2015, replacing them with over 80,000 new ones. That has taken place along the so-called Knowledge Corridor Project between Springfield and the Vermont border.

The "rough cut" logs used as ties in the railroad industry's infancy have given way to uniform beams. Known as crossties, railroad ties, or sleepers, the beams usually are made from wood and provide the lateral support to anchor railroad tracks for trains to pass over.

They usually are made of oak, cherry, chestnut, elm, hemlock, hickory and walnut. Concrete, plastics and steel also are used but wood is the preferred material because it is both stiff and forgiving, can be easily spiked or drilled and can withstand millions of gross tons of traffic.

A judge took a motion to extend the order under advisement.

PALMER -- Details about a romance between a Springfield police officer and former detective that imploded while wrapped in a workplace dispute were laid bare in Palmer District Court on Monday.

Springfield K-9 officer Gail Gethins obtained an emergency restraining order against former narcotics detective Steven Vigneault on Jan. 25, one day after she was named as a witness in a whistleblower lawsuit Vigneault filed against the city, Police Commissioner John Barbieri, a former co-worker and police union officials.

Steven Vigneault in October 2016.Greg Saulmon / The Republican 

In a lengthy hearing before Judge Michael E. Mulcahy, Gethins painted Vigneault as "an obsessed ex-lover" who followed her around and sent her unwanted gifts after she ended their relationship in the fall.

Vigneault's lawyer countered that Gethins was an "angry woman" who was upset that Vigneault never finalized a divorce from his second wife.

The rise and fall of their relationship was scrutinized during the hearing, as Gethins sought to extend the order and Vigneault opposed it. He is currently ordered to stay 100 feet from her and from the Springfield Police Department's Pearl Street headquarters.

Mulcahy took the extension of the restraining order under advisement.

Vigneault resigned in August, and later argued he quit under pressure from Barbieri, patrolman's union president Joseph Gentile and union lawyer Kevin Coyle. Vigneault said he was falsely suspected of kicking a juvenile suspect in the face while the boy was on the ground after he and three other teens allegedly stole Vigneault's undercover car from outside a pizza shop in February.

However, Vigneault contended in previous interviews and in court records that the investigation into his role in the juvenile arrest was merely a pretense to run him out of the department after he began dating Gethins. She previously dated Vigneault's fellow narcotics investigator, Officer Gregg Bigda, which sparked a drunken ambush on Gethins' home by Bigda, according to court records in unrelated cases.

Vigneault's lawsuit portrays Bigda as among Barbieri's favorites on the force. It argues Bigda was protected and allowed to keep his job even after confronting Gethins and Vigneault at her home in March. Court records state Bigda was intoxicated and wearing a loaded weapon when he burst into Gethins' East Longmeadow home. Bigda, who was suspended for 10 days over the incident, has denied he was armed.

Gethins also obtained a restraining order against Bigda while criminal charges were pending during the spring of 2016. Both were dropped when Gethins declined to pursue the case.

The night of the arrests of the four juveniles in Palmer, where police there pursued the stolen car, has yielded ongoing headaches for the police department. In addition to an excessive force allegation by a Wilbraham patrolman against an unidentified Springfield detective, surveillance video became public showing Bigda threatening two young suspects with death,  beatings and false charges.

Bigda was suspended for 60 days and returned to work in early December. 

Meanwhile, the ongoing drama between Vigneault and Gethins has unfolded on a parallel track. Tensions between the two bubbled over after Vigneault filed his lawsuit in Hampden Superior Court and Gethins was named as a witness throughout.

Vigneault's lawyer, Shawn Allyn, argued at Monday's hearing that Gethins was embarrassed by the exposure and retaliated against Vigneault by seeking the restraining order.

Under questioning by her attorney, Julie Dialessi-Lafley, Gethins testified that Vigneault began panting after her when she broke off their seven-month romance in September.

"He would obsessively text me how much he loves me and how much he wanted to be with me," Gethins told Mulcahy, quoting Vigneault. "'You're my world. You're my soulmate.' He had this soulmate obsession."

Gethins added that after she blocked Vigneault on her phone and on social media, he had others implore her for a second chance on his behalf. Among them: Vigneault's estranged wife and his "lifelong mistress," who was not named in court.

Gethins said Vigneault followed her to her home and to the gym, and sent flowers and letters after she rebuffed him. The behavior accelerated after Vigneault was released from a veterans' hospital in Leeds late last year, she said. He served as a military police officer in a combat zone in Afghanistan while an Air National Guardsman, and was being treated for depression and PTSD after he left the police force.

Allyn, meanwhile, suggested Gethins was mercurial and manipulative and that their break-up wasn't really a break-up at all. He quizzed her about disagreements the two had, including one over text messages she spotted on Vigneault's phone when she began reviewing its contents during a meeting in December.

Several times during the hearing Allyn referenced text messages to another man's sister, which allegedly upset Gethins. 

Allyn asked why, if the relationship had ended, Gethins would care if Vigneault was texting another woman. "Why does she care? Because it's not really over," Allyn argued to Mulcahy.

Allyn also submitted as evidence a series of texts Gethins and Vigneault exchanged in November and December, showing Gethins lashing out.

"u were and r still married to the lady ur having dinner with and caused me all this sh-t for me here and left me ... and made me look like a complete f---ing ass w all your lies and cheating and no divorce," one reads.

She submitted as evidence long letters from Vigneault in which he professed his love for her, and a photo of Christmas decorations he hung at her home as a "surprise" on Christmas Eve. Also among the evidence were photos of gifts he left on her porch. Gethins testified she had already told him to stay away when he decided to adorn her house when she wasn't home.

Allyn also suggested Gethins concocted a veiled threat -- that Vigneault had said, "If I can't have you neither can anyone else" -- she conveyed to the judge to obtain the emergency order last week.

Allyn repeated the alleged threat, and asked why it wasn't included in Gethins' formal filings for the order. "Why wouldn't you put that important statement in your affidavit?" he said.

Vigneault told Mulcahy he never made that statement or threatened Gethins.

Harvard President Drew Faust told students: "The disruption and disorientation flowing from these restrictions are palpable and distressing."

Massachusetts universities are working to provide guidance to their international students as they voice their concerns about President Donald Trump's executive orders regarding immigrants and refugees.

On Friday, Trump signed an executive order barring travel into the U.S. for 90 days for non-U.S. citizens from seven predominantly Muslim countries: Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia. Trump suspended for 120 days the admission of all refugees into the U.S and suspended indefinitely a Syrian refugee program.

University students and professors have been among those impacted by the travel ban. The New York Times reported that an Iranian scientist was days away from beginning a fellowship to study cardiovascular medicine at Harvard when his visa was suspended. USA Today reported that an Iranian student from the Massachusetts Institute of Technology was barred from returning to school after winter break.

An online petition opposing the executive order has gotten the support of 44 Nobel Laureates, 45 other major academic prize winners and 9,000 U.S. faculty members.

The Association of American Universities said in a statement that the order "is already causing damage and should end as quickly as possible."

"The order is stranding students who have been approved to study here and are trying to get back to campus, and threatens to disrupt the education and research of many others," the association wrote. "It is vital to our economy and the national interest that we continue to attract the best students, scientists, engineers, and scholars."

In Massachusetts, which has a huge academic community, universities have been trying to advise their students of the latest changes in immigration policy.

Harvard's International Office wrote to international students informing them that residents of the seven countries included in Trump's ban will not likely be allowed to return to the U.S. if they travel abroad. "Given the possibility of a change in government policy that could go into effect immediately, all foreign nationals should carefully assess whether it is worth the risk to travel outside the country," officials wrote in a memo to students. Harvard is also offering assistance to any students stuck overseas.

At MIT, after a Boston federal judge put a seven-day stay on Trump's travel ban from the seven countries, school officials are urging anyone traveling from those countries "to fly back to Boston--directly to Logan Airport--as soon as possible, and before February 4."

At least two MIT undergraduates have been barred from the U.S., school officials said.

Tufts University President Anthony Monaco warned foreign students from these countries to avoid travel altogether. "Information about this new order is very fluid but, for now, we are recommending that any members of our international community from these seven countries avoid any travel outside the United States out of concern that they may not be able to return," Monaco wrote in a letter to the Tufts community. He wrote that the university will provide legal assistance to anyone who needs it.

University presidents have voiced concerns about Trump's policies. Harvard University President Drew Faust wrote in a letter to Harvard community members on Sunday, "In times of unsettling change, we look toward our deepest values and ideals. Among them is the recognition that drawing people together from across the nation and around the world is a paramount source of our University's strength." She noted that nearly half the deans of Harvard's schools are immigrants.

Faust wrote that Harvard officials are still working to understand the concrete implications of the travel ban and are following the related court developments. "But the disruption and disorientation flowing from these restrictions are palpable and distressing," Faust wrote.

"While questions may at this point be far more apparent than answers, the restrictions are already posing barriers to scholars and students seeking to enter the country and are inhibiting others from pursuing important travel abroad, fearful about their ability to return," Faust wrote. She urged policymakers to consider how much universities depend on the ability of people to travel.

Harvard previously hired a staff attorney dedicated to advising students who do not have legal immigration status. Harvard is now looking to hire its first Muslim chaplain.

MIT President L. Rafael Reif, in a letter to the MIT community, called Trump's order "deeply disturbing." He said MIT is a "profoundly global" institution, noting that 40 percent of faculty, 40 percent of graduate students and 10 percent of undergraduates are international.

MIT has 47 students from the seven affected countries, most of them from Iran. It has another 37 postdoctoral scholars from Iran.

"The Executive Order on Friday appeared to me a stunning violation of our deepest American values, the values of a nation of immigrants: fairness, equality, openness, generosity, courage," Reif wrote in his letter. Reif, who referred to himself as an immigrant and the child of refugees, said the policies "tear at the very fabric of our society."

Boston University President Robert Brown penned an op-ed in the Boston Globe arguing that Trump's ban "is fundamentally inconsistent with the values that are the bedrock of higher education, and indeed, of our pluralistic, welcoming society." Brown wrote that the symbolism of the executive order "plays to base fears and bias against foreigners and sets us on a path to see every immigrant as a threat."

Boston University has 102 undergraduate and graduate students and 16 scholars from the seven countries affected by the ban. BU's official publication, BU Today, reported that most students have confirmed that they are on campus. Two students have been affected -- a student from Mozambique who has been unable to get her visa renewed and a student who is married to an Iraqi man and was unable to fly back from working in Tanzania.

A university spokesman said no Boston University students have been detained at the airport, refused entry or returned home, or had their visas canceled.

Monaco wrote that Tufts remains committed to protecting every member of the university community, regardless of national origin, religion or citizenship status.

Northeastern University President Joseph Aoun, in a letter signed by the university's senior leadership, made a similar statement at Northeastern, telling anyone who feels vulnerable due to the executive order that the university leadership will "stand with you and will pursue every means available to safeguard each of you--students, faculty, and staff."

Isheika Hackett on Jan. 17 was awarded $157,000 in damages by a Hampshire County jury.

NORTHAMPTON -- A Hampshire Superior Court jury this month found in favor of a Florence woman who claims she was sexually harassed by her boss at the University of Massachusetts Amherst and awarded her a total of $157,000 in damages.

But a judge is now considering whether to review, and possibly overturn, the jury's Jan. 17 verdict, issued after a four-day trial and more than two days of deliberation.

Earlier during the trial, a lawyer for the university asked Judge Mark Mason to issue a so-called directed verdict, asserting that former maintenance worker Esheika Hackett had not proven her case by a preponderance of the evidence, the standard used in civil litigation, court records show.

Mason on Jan. 17, after the jury returned its verdict, agreed to keep attorney Jean Marie Kelley's motion under advisement. The university now has until Jan. 31 to file a supportive memorandum. Hackett, represented by Worcester lawyer John Martin, will have until Feb. 7 to respond.

Hackett's complaint, filed in 2013, names UMass Amherst and John C. Reilly II, her former boss on a cleaning and maintenance crew. She claims the Chicopee resident subjected her to "quid-pro-quo" sexual harassment and that UMass knew, or should have known, about the problem but did not take reasonable steps to prevent it.

Hackett claims Reilly engaged in a pattern of "obscene, vulgar, and derogatory" behavior toward her, culminating in a Feb. 20, 2012 incident where he allegedly pulled her into a supply closet and sexually assaulted her. She claims Reilly threatened to fire her if she would not have sex with him.

The university denied the claims, as did Reilly, who represented himself in the matter.

In court filings, the university asserted that Hackett and Reilly had a longstanding relationship that was flirtatious, if not sexual, in nature; noted that Hackett herself was disciplined for sexually harassing male co-workers; and claimed that Hackett never complained directly to upper management about the 2012 incident.

Various battles over character evidence occurred over the course of the litigation, the most recent of which played out after members of the jury had already been seated.

Hackett on Jan. 9 voluntarily withdrew her earlier bid to exclude evidence that she was fired in 2013 for sexually harassing her colleagues. Hackett then tried to amend her complaint to include a retaliation claim against UMass. Mason denied the motion to amend.

Jurors did hear a graphic audio recording of the alleged supply closet incident. Hackett said she secretly recorded the interaction on her cellphone. Mason allowed the recording, ruling that the state's wiretap law does not require that such evidence be suppressed in a civil trial.

Reilly was criminally charged in relationship to the 2012 supply closet incident, and admitted to sufficient facts to warrant a guilty finding on a sexual assault charge. But on the stand in Northampton this month, he claimed he had been pressured to accept a plea deal in Belchertown's Eastern Hampshire District Court.

Reilly was fired from his job at the university after an investigation into the sexual assault allegations, according to court documents.

The jury found the university and Reilly culpable under two separate theories of sexual harassment: "quid-pro-quo" and "hostile work environment."

Quid-pro-quo occurs when a supervisor suggests that an employee has something to gain by satisfying a sexual demand. A hostile work environment claim is invoked when an employee is subjected to frequent or pervasive unwanted sexual comments, advances, requests, or similar conduct in the workplace.

According to the jury verdict slip, Hackett was awarded $6,600 for emotional distress and $112,200 in punitive damages, both to be paid by the university. Reilly was ordered to pay $13,200 for causing emotional distress, and $25,000 in punitive damages.

Lawyers for Hackett and the university did not immediately respond to requests for comment.

Amherst police will continue its policy of not asking about the immigration status of any crime victim, witness, or suspect unless the information is directly relevant, according to a statement released today by town officials.

AMHERST -- The Amherst Police Department will continue its policy of not asking about the immigration status of any crime victim, witness or suspect unless the information is directly relevant, according to a statement released Monday by town officials.

Neither will police refer the information to federal immigration enforcement authorities unless the information developed is directly relevant.

The statement from Police Chief Scott P. Livingstone, Town Manager Paul Bockelman and Acting Superintendent of Schools Michael Morris was issued in response to President Donald Trump's executive order issued Friday that bans refugees from entering the United States for 120 days. The order also bans nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering for 90 days and Syrian refugees indefinitely.

"Our first and primary mission is the protection and education of the people of every age who live, work, visit, or study in the Town of Amherst. ... In our diverse community, we strive to maintain partnerships and positive relationships with all members. We believe these positive relationships lead to a safer community, a better educated citizenry and improved quality of life for all members of our Amherst community," the statement reads.

Bockelman, Livingstone and Morris also said they value the "strong relationships" with federal and state authorities "who support our efforts with funding for important activities."

The statement points out that in December 2016, the Select Board, at the request of the Human Rights Commission and in recognition of Town Meeting action taken in 2012, proclaimed that, to the extent permissible by law, "the Town and its officials and employees shall not participate in Federal enforcement programs relating to immigration enforcement." 

Statement by Town Manager, Police Chief, Supt of Schools 01-30-17 by ledermand on Scribd

The town schools will also continue "to enroll and serve every child living in our district who chooses to attend our schools without regard to her or his immigration status," according to the statement.

The interior of the closed Mater Dolorosa Church in Holyoke, Massachusetts will be inspected by the city's building commissioner on Tuesday, Jan. 31, 2017 after an engineer urged emergency demolition of the 116-year-old building because pieces of the steeple had broken off and fallen and bricks on the structure have separated.

HOLYOKE -- Building Commissioner Damian J. Cote will inspect the inside of the closed Mater Dolorosa Church Tuesday but said today he sees no conclusive reason why the 116-year-old building at Maple and Lyman streets should face emergency demolition.

Cote's statement comes as The Republican reported Friday that a report by an engineer hired by the Roman Catholic Diocese of Springfield, which owns the church, urged emergency demolition of the church and nearby rectory because pieces of the steeple recently have broken off and fallen to the ground.

"Considering the report that was submitted and the exterior inspection completed today, I have not seen compelling evidence that would justify an emergency demolition order. I have reached out to schedule an inspection of the interior of the building," Cote said in an email.

Emergency demolition of Mater Dolorosa Church in Holyoke recommended: engineer

Cote also said that the Diocese's request to demolish the church and rectory have triggered a city ordinance that requires historical-significance reviews by the Holyoke Historical Commission before any razing can proceed.

Diocese spokesman Mark E. Dupont said the Jan. 24 report compiled for the Diocese about the condition of Mater Dolorosa Church by Bernard J. Hunt, an architect and structural engineer with Barry Engineers and Constructors Inc. of Pittsfield, proves the church needs to come down for safety reasons.

"Given the scope and detail of Dr. Bernard J. Hunt's report, we believe we have presented the city compelling evidence to support our finding that the steeple poses a real threat. Dr. Hunt is not only a structural engineer with his Ph.D. but he is also an architect with a distinguished resume and extensive experience in the area of reviewing the structural integrity of older buildings," Dupont said.

"We have arranged for Mr. Cote to personally inspect the steeple tomorrow from the inside. Assuming he confirms Dr. Hunt's findings by his own observation, we hope that he will then consider issuing an emergency demolition order. Historic value is not without merit but should never trump the safety of the public," he said.

The leader of a group that has fought to save Mater Dolorosa Church on Friday criticized Bishop Mitchell T. Rozanski, said the engineer's report was "fake news" and said the city should impose its demolition delay ordinance to save the building.

"We will not allow this senseless, selfish authoritarian attempt to level our church and heritage," said Victor N. Anop, a lawyer from Chicopee and chairman of Friends of Mater Dolorosa.

The conflicting assessments about Mater Dolorosa Church's condition are the latest in a series of disputes about the church that the Diocese closed in 2011.

Holyoke Polish historic district dispute features battle over Mater Dolorosa Church; 4th public hearing scheduled Thursday

Parishioners loved the church, which was built and paid for by Polish immigrants in 1901, and occupied the church round-the-clock for a year after it was closed.

They filed appeals to rescue the church from closure to the Vatican's highest court, which said in a ruling issued in May 2015 that the church could close.

An attempt to safeguard the church by including it in a proposed Polish Heritage Historic District on Lyman Street was rejected in April 2015 by an 8-7 City Council vote.

The Diocese closed Mater Dolorosa Church in June 2011 because parishioner numbers had declined and out of concerns about the structure's steeple. But while an engineer for the Diocese said the steeple was unsound, an engineer for Friends of Mater Dolorosa said the steeple would last for a long time.

The Diocese combined Mater Dolorosa with the former Holy Cross Church to form Our Lady of the Cross at 23 Sycamore St.

The Barry Engineers and Constructors report about Mater Dolorosa Church included photographs showing separation of bricks, rotted wood and gaps in roof flashing allowing in water that could lead to rapid deterioration, the report said.

"Based on our past structural investigations of the Mater Dolorosa Church and rectory and based on the recent event of steeple pieces falling to the public way below, it is our professional opinion that the building structure represents multiple dangerous conditions, as defined by the building code, and immediate action needs to be taken to secure and make safe the public way below and to begin the immediate demolition of the entire church and rectory building structures," the report said.

Obituaries from The Republican.

The autobahn in Germany has no speed limits and sees fewer road fatalities than similar roads in America.

The autobahn in Germany has no speed limits and sees fewer road fatalities than similar roads in America. Some drivers say a similar situation should be implemented in the U.S. There are too many places with arbitrarily set speed limits that muck up traffic. Others say U.S. infrastructure cannot support cars moving that quickly and most importantly, they don't trust American drivers to handle those speeds responsibly. What do you think?

PERSPECTIVES

People who want to get rid of speed limits say they're a vestige of the past. Modern cars are much safer than anything made before. Besides, the cars that would truly take advantage of an autobahn-like system would be engineered to handle those kinds of speeds. Drivers should be able to make decisions for themselves--Germany proves people are responsible enough to figure out how fast they can drive.

Supporters of speed limits say the autobahn can't be replicated in other places without rebuilding major infrastructure. The autobahn was designed with no speed limits in mind--not so much with American highways. American infrastructure can't handle higher speeds.

 

If America is the home of the free why does Germany get the Autobahn but we have 70 mph speed limits? Asking the important questions...

-- Josh Carpenter (@Soap_C) January 13, 2017

 

I'm so strict about speed limits because they exist for the safety of pedestrians, bikers, animals, etc.
your vehicle is a killing machine

-- Spudenski (@RaidensAss) January 23, 2017

Just put a bullet in my shorts thanks to an idiot in a new Blue dodge truck who figures speed limits & road safety are not important #shpk

-- Don Nault (@TheXSivDon) January 10, 2017

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Acting AG Sally Yates said in a memo Monday that she is not convinced that Trump's order is lawful, or that its defense is consistent with the department's obligation to "always seek justice and stand for what is right."

WASHINGTON (AP) -- The legal fight over President Donald Trump's ban on refugees is likely to turn on questions of a president's authority to control America's borders and on whether the new immigration policy unconstitutionally discriminates against Muslims.

Civil liberties advocates have challenged the order, which temporarily suspends immigration from seven countries and the United States' broader refugee program. It has drawn nationwide protests since the order was issued on Friday.

Federal judges in New York and several other states issued orders that temporarily block the government from deporting people with valid visas who arrived after Trump's travel ban took effect. Acting Attorney General Sally Yates, a Democratic appointee, said Monday she has directed Justice Department attorneys to not defend Trump's order, as she is not convinced it is lawful.

Washington state's attorney general announced he's suing Trump over the order.

And the Council on American-Islamic Relations also filed a lawsuit arguing the ban violates the First Amendment's bar of preferential treatment for a religion -- by appearing to favor Christian over Muslim refugees.

"While this ban does not apply to all Muslims, it only applies to Muslims," said Gadir Abbas, one of the council's lawyers. "That type of religious gerrymandering is illegal."

The court cases are only beginning, and legal experts are divided as to whether courts will find Trump's action constitutional.

Federal law gives the president unconstrained power to suspend the entry of "any class of aliens" if he determines their entry "would be detrimental to the interests of the United States." But a different law prevents discrimination against the issuance of an immigrant visa based on a person's nationality or place of birth.

"Historically, the courts have not tried to regulate the executive branch's determination as to who's allowed to enter the country," said Eric Posner, a University of Chicago law professor. "The immigration statute gives the president very broad discretion to block people from entering the country," including for national security reasons.

Posner said he expected judges to give the policy more deference if the administration can show that it was done to protect national security, rather than for political reasons.

He also said courts could find it compelling that the executive order is temporary rather than permanent, and that it does not cover all Muslims from all countries, notably omitting Saudi Arabia -- the home nation for the majority of Sept. 11 hijackers.

"The fact that he lets in Muslims from Saudi Arabia tends to undermine the theory that he's acting out of animus," Posner said.

Trump isn't the first American leader to apply a different standard to Saudi Arabia. Its status as the world's leading oil producer and close U.S. ally has led Republicans and Democrats to often overlook its woeful human rights record and spotty history in fighting terrorism. The travel ban applies to Syria, Iraq, Iran, Libya, Somalia, Yemen and Sudan.

Courts have a long history of upholding portions of immigration law that discriminate on the basis of race and nationality, said Peter J. Spiro, a law professor at Temple University. As far back as 1889 the Supreme Court upheld the exclusion of Chinese laborers, and more recent rulings have also upheld similar discrimination.

The court, for example, ruled in 1953 that a noncitizen trying to enter the U.S. has no right under the Constitution to challenge the government's decision to deny entry. That case involved a legal permanent resident of the United States who traveled abroad to Hungary for 19 months. He was denied re-entry because the government said he posed a threat to national security.

But that case and others were decided at a time when the public was more accepting of discriminatory policies.

Adam Cox, a law professor at New York University, said it's historically been challenging to prove that a policy was enacted with the purpose of disadvantaging a particular religion or race, often requiring "smoking gun evidence of the state of mind of the people" behind it. He said that though courts in the past have sustained discriminatory policies, it could be possible for a judge in this instance to "pierce the veil" and decide that the executive order was motivated by animus.

"If a court gets to the point where it sees this as open discrimination on the basis of religion or race, at that point I would part company with people who argue that simply by virtue of this being an immigration policy, it is insulated from constitutional attack," Cox said.

It's also possible that federal judges could be more likely to push back in light of the massive public backlash over Trump's ban, Spiro said.

"If there's going to be a case in which a constitutional challenge has some chance of succeeding, this is it," he said.

The Manufacturing Accelerator is thought to be the only one of its kind in the United States.

SPRINGFIELD -- Showing off products ranging from parts for the Mars Rover to plastic models of the human gallbladder used for training surgeons, seven manufactures from around the Pioneer Valley graduated Monday night from Valley Venture Mentors Manufacturing Accelerator program with clearer paths toward growth.

"It's about making our customers happy. It's about keeping the work here. It's about saving it from going overseas," said graduate Susan M. Kasa, president of Boulevard Machine and Gear in Springfield, which has 22 employees. "Sometimes, in the day-to-day running of a business, you take things for granted. We learned to not take things for granted."

One of the parts she displayed Monday at a trade show prior to the graduation is a prototype gear for a new car transmission being developed by one of Kasa's clients. Boulevard specializes in rapidly turning around orders for small batches of new or experimental parts.

Fellow graduate Steven Longpre, of Barnstorm Studio in South Hadley, also does quick prototyping for other manufacturers and researchers. He made the plastic gallbladder at the behest of a Baystate Health surgeon and it has since led to other work in the medical device industry.

Valley Venture Mentors, a Springfield nonprofit that links startups and small companies with advisers and experienced business people in order to help them grow, says this Manufacturing Accelerator is the first program of its kind in the country.

It was funded by MassDevelopment as a pilot project with $200,000 drawn from a sliver of the upfront fees paid by potential casino operators as part of the gaming licensing process, said Marty Jones, CEO of MassDevelopment.

MassDevelopment is the state's business finance and development arm.

Manufacturing in Massachusetts, despite facing stiff competition around the country and around the world, still accounts for 250,000 to 275,000 Massachusetts jobs and 11 percent to 12 percent of state GDP.

"Those are good jobs and they are all over our state," Jones said. "We know manufacturing is particularly strong in Western Massachusetts, and when you think of Western Massachusetts, all roads lead to VVM. That's why we wanted to do it here."

She said staff will evaluate results, but she's willing to fund another round of the accelerator.

Paul Silva, chief innovation officer and co-founder of Valley Venture Mentors, said much of the five-month program was focused on getting the companies to focus on what they're best at and not try and be a generalist.

"So they can be the best in the world at something. Many already are the best in the world at something and they don't even know it," Silva said. "Because once you are the best in the world at something, you can be paid like you are the best in the world."

Competing for commodity business -- on price alone with little regard for quality -- is a recipe for failure in a global marketplace, Silva said.

Andrew Walmsley, president of Volo Aero in East Longmeadow, said coming to Valley Venture Mentors Manufacturing Accelerator meetings for eight hours once every two weeks allowed him to focus on strategy. At his machine shop, he said the demands of day-to-day operations keep him from working on long-term strategy.

"Here you can really take a step back," he said. "You can work on the business, not in the business. There, you are just fighting fires."

Mark Mitchell is in sales at Mitchell Machine in Springfield. He said the process of going through the accelerator gave him contacts for future sales or collaboration. That type of networking can be hard to do with everyone busy in their own factory.

Decker Machine Works, of Ashfield, makes parts for the Mars Lander, the CERN Large Hadron Collider in Switzerland and for particle accelerators used in scientific research stateside including the Thomas Jefferson National Accelerator Facility in Virginia and the Fermi National Accelerator Laboratory in Batavia, Illinois. With 19 staff members, Decker is planing to hire as it expands into a new facility it purchased in Greenfield, said owner Scott Decker.

"The alloys we use are hard to work with and they are hard to find," Decker said. "We stock them and we know what to do with them. That's our specialty."

Decker Machine works also trains its machinists in-house, a needed capability in a tight job market with such specialized work. It's especially important as the company grows.

"We do our own in-house training," Decker said. "And we will do more of that."

Decker said the accelerator was worth it because of the business contacts he developed and the ability he gained to see where his growth prospects truly are. He appreciates all the guest speakers and mentors.

"Now I want to give back and volunteer with the next group to come through," he said.

All seven graduates are:

• Barnstorm Studio, LLC, South Hadley
• Boulevard Machine & Gear, Springfield
• Decker Machine Works, Inc., Ashfield
• Mitchell Machine, Inc., Springfield
• Precise Turning & MFG, Westfield
• Rock Valley Tool, LLC, Easthampton
• Volo Aero MRO, East Longmeadow

A man who President Donald Trump has promoted as an authority on voter fraud was registered to vote in multiple states during the 2016 presidential election, the Associated Press has learned.

SAN FRANCISCO (AP) -- A man who President Donald Trump has promoted as an authority on voter fraud was registered to vote in multiple states during the 2016 presidential election, the Associated Press has learned.

Gregg Phillips, whose unsubstantiated claim that the election was marred by 3 million illegal votes was tweeted by the president, was listed on the rolls in Alabama, Texas and Mississippi, according to voting records and election officials in those states. He voted only in Alabama in November, records show.

In a post earlier this month, Phillips described "an amazing effort" by volunteers tied to True the Vote, an organization whose board he sits on, who he said found "thousands of duplicate records and registrations of dead people."

Trump has made an issue of people who are registered to vote in more than one state, using it as one of the bedrocks of his overall contention that voter fraud is rampant in the U.S. and that voting by 3 to 5 million immigrants illegally in the country cost him the popular vote in November.

I will be asking for a major investigation into VOTER FRAUD, including those registered to vote in two states, those who are illegal and....

-- Donald J. Trump (@realDonaldTrump) January 25, 2017

At the time of November's presidential election, Phillips' status was "inactive" in Mississippi and suspended in Texas. Officials in both states told the AP that Phillips could have voted, however, by producing identification and updating his address at the polls.

Citing concerns about voters registered in several states, the president last week called for a major investigation into his claim of voter fraud, despite his campaign lawyer's conclusion that the 2016 election was "not tainted."

"When you look at the people that are registered, dead, illegal and two states, and some cases maybe three states, we have a lot to look into," Trump said in an ABC interview.

Reached by telephone Monday, Phillips said he was unaware of his multiple registrations but asked, "Why would I know or care?"

"Doesn't that just demonstrate how broken the system is?" he asked. "That is not fraud -- that is a broken system. We need a national ID that travels with people."

Phillips has been in the national spotlight since Nov. 11, when he tweeted without evidence that his completed analysis of voter registrations concluded the "number of non-citizen votes exceeded 3 million."

Thousands of people liked and retweeted the claim, which led to a viral article three days later on InfoWars.com, a site known to traffic in conspiracy theories.

Phillips also has previously tweeted about the dangers of "inactive voters" being able to vote in U.S. elections. "There is already law that compels states to remove inactive voters. Many don't," Phillips tweeted Nov. 29.

According to media reports, five Trump family members or top administration officials also were registered to vote in two states during the 2016 election -- chief White House strategist Stephen Bannon; Press Secretary Sean Spicer; Treasury Secretary nominee Steven Mnuchin; Tiffany Trump, the president's youngest daughter; and Jared Kushner, Trump's son-in-law and a senior White House adviser.

The Houston-based True the Vote has challenged the validity of voter rolls in numerous states. On Friday, Phillips tweeted that the conservative group "will lead the analysis" of widespread voter fraud, and suggested in a CNN interview that it might release the underlying data in a few months.

Shortly after Phillips appeared on CNN on Friday, Trump tweeted: "Look forward to seeing the final results of VoteStand. Gregg Phillips and crew say at least 3,000,000 votes were illegal. We must do better!"

Despite support from the School Committee, the Select Board and Finance Committee, the town will not build a "twin" elementary school. Watch video

AMHERST -- Despite support from the School Committee, the Select Board and Finance Committee, the town will not build a "twin" elementary school.

This was the second time Town Meeting rejected funding for the proposal, which called for building a new building on the site of the Wildwood Elementary School. Voters approved the project Nov. 8, but Town Meeting later that month rejected it 108-106. The project required two-thirds support of Town Meeting because it involves borrowing.

The vote this time was 123 in favor to 92 opposed, still short of the two-thirds majority.

A group of parents petitioned the Select Board for the one-article special meeting because they said they had new information that a majority of teachers supported the project, something Town Meeting members didn't understand when they rejected it in November, according to parent Rebekah Demling, who led the petition drive.

She told the meeting that 187 people had signed on in support of the building's design as well as the education plan. She said state funding would be gone if the town rejects the proposal. "Renovation is not an option," she said. And "there is no backup plan; there is no plan B."

The School Building Authority agreed to pay about $34.4 million of the construction cost, leaving Amherst to pay the remaining $32.8 million. 

The town currently has three elementary schools. The twin school would have replaced the Fort River and Wildwood elementary schools at the Wildwood site on Strong Street, and the new building would have been home to grades two through six. The plan also called for converting Crocker Farm Elementary into an early childhood center for kindergarten through first grade.

Opponents wanted all three schools to continue serving kindergarten through sixth grade. After the November Town Meeting vote, officials asked whether the state would allow a twin school design for kindergarten through sixth grade, but the state rejected it.

Tim Sheehan, a teacher and a member of the school building committee, urged approval. He said the new school would not be a "mega-school" but a state-of-the-art school the town needs. He said it would allow for flexible spaces and a stage for student performances.

But Russ Vernon Jones, a former Fort River principal, urged against the proposal. He said the "current proposal is a big mistake." He supported the kindergarten through grade six configuration.

Bonnie MacCracken urged a no vote because she said people can't afford the increase in taxes. She said about 100 neighbors are experiencing difficulty trying to keep their homes.     

A homeowner with a house valued at $350,000 could pay $472 dollars a year initially, but repayment over time would drop to the annual total to $221 over the 25-year bond, according to Finance Committee estimates.

The 25-year average hike could be $371, according to the Finance Committee's chart.

 Finance Committee member Tim Neale, in urging support, said "should the town not approve article there would most likely be significant additional costs."

He said the cost of borrowing is expected to increase. And he said, there's "no guarantee of any future state funds."

He said if the two current schools are renovated the cost would be $69 million and $77 million.

Before the meeting, dozens of parents and students stood outside the middle school with signs urging Town Meeting to support the measure. Parent Kiron Shakahawat said he was surprised by the condition of the elementary schools and compared them to Third World schools like those in his native Bangladesh.

The Amherst School Committee voted in January 2016 to reconfigure the schools for many reasons: increased teacher collaboration, equalizing and maintaining small class size, operational savings and, most compellingly, educational fairness, according to a committee statement.

President Donald Trump has fired Acting Attorney General Sally Yates after she announced she would not defend his controversial immigration order.

WASHINGTON (AP) -- President Donald Trump has fired Acting Attorney General Sally Yates after she announced she would not defend his controversial immigration order.

He is naming Dana Boente, U.S. Attorney for the Eastern District of Virginia, to serve in her place.

The White House press office says in a statement Monday that Yates "has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States."

The statement calls Yates an Obama administration appointee "who is weak on borders and very weak on illegal immigration."

Trump's order from Friday temporarily suspends the U.S. refugee program and bars immigration from seven majority-Muslim countries.

Trump has picked Sen. Jeff Sessions to lead the Justice Department, but he has yet to be confirmed by the Senate.

Obituaries from The Republican.

Peace instead of violence infused the theme of activities that Holyoke High School students carried out during the week of Jan. 23 to 27, 2017.

MGM Springfield President Michael Mathis recently commented that the $950 million project, slated to open by September 2018, remains on schedule. Watch video

SPRINGFIELD -- The first month of 2017 is just about over, the weather has been relatively mild and the MGM Springfield casino project continues to move forward at a blistering pace.

Resembling a human beehive, the 14-acre casino footprint is filled with a constant buzz of man and machinery, all working together to create a new landmark in the South End of Springfield.

MGM Springfield President Michael Mathis recently commented that the project, slated to open by September 2018, remains on schedule, aided by good weather.

"We are really being blessed by a warm winter. This is our second mild winter, which is really helping with activity around the site. We feel really good about construction," Mathis said.

The full $950 million development project will be approximately 850,000 square feet of residential, dining, retail and entertainment (including hotel and gaming) facilities and will spread over three city blocks in downtown Springfield.

The MGM project has been promised to create a minimum of 2,000 construction jobs and, once open, at least 3,000 casino, hotel and other jobs, of which at least 2,200 will be employed on a full-time equivalent basis with benefits.

A former University of Massachusetts Amherst fraternity treasurer will serve a year in jail after admitting to embezzling about $133,000 from his organization.

A former University of Massachusetts Amherst fraternity treasurer will serve a year in jail after admitting to embezzling about $133,000 from his organization, the Daily Hampshire Gazette reported.

Christopher Estes, 53, of Rehoboth, plead guilty to larceny charges in Hampshire Superior Court, where a judge sentenced him to one year in the Hampshire Jail and House of Correction.

The judge suspended another year for five years while he serves probation, the Hampshire Gazette reports.

Estes served as the treasurer for the Alpha Tau Gamma fraternity between 2012 and 2014. Prosecutors alleged that, during this time, Estes wrote checks to himself and withdrew cash from the fraternity's account for his personal use.

Estes told the court that he used the $133,000 to entice clients of his real estate business with Red Sox tickets, and also paid off credit cards and utilities.

Prosecutors said that Estes took money from the fraternity on 184 different occasions, the Hampshire Gazette reported.

For the past year, Estes has been working for a tractor company, attempting to pay back the fraternity.

Despite his overall cooperation with investigators and the fraternity, a judge still ordered jail time as Estes had not been upfront about how much he stole.

Andrew Savage, 20, had just recently moved back to Springfield with his parents after spending his teen years in Florida.

SPRINGFIELD -- Andrew "Drew" Savage loved to make his brothers and his friends laugh. He loved music, and he loved history and politics.

"Andrew had a quiet aura and thought on many political issues that would make people aware of their American history. In fact, I said to him you should look into going to college to study history," said Beverly Savage, whose son was one of four young people killed in a car accident on Jan. 17 on Union Street.

Also killed in the accident were his younger cousin, Cassidy Spence, Adrianna Hernandez and Katrina Maisonet-Jones, all seniors at Central High School. The driver, a man whom police have not named, remains in critical condition.

Family and friends of Savage and Spence will gather Tuesday morning at The Christian Cathedral on Eastern Avenue in Springfield to remember the two cousins whose lives ended so suddenly.

Savage, 20, was born in Springfield and lived here with his parents Beverly and George Savage as well as his brothers Andre and Joshua. When he was 9 years old, the family moved to Orlando, Florida, where he completed his schooling, attending Olympia High School and graduating from Pinellas County Job Corps in St. Petersburg, Florida, with a certification in facilities management.

Savage and his parents recently moved back to Springfield, but he had dreams of returning to Florida and buying a big house for his family.

"He loved family. Just a few months ago he said to me, 'Family is heaven on Earth,'" his mother said. "He would always get on the computer and look at big houses."

Born into a large, loving, religious family, Savage spent a lot of time with his brothers.

"Andrew is the life of the party, the goofy and the funny one. He always puts a smile on our faces whether on a regular day, a bad day, a sad day, and especially on holidays. His soul is one that is so easy to love," said Joshua, his older brother.

Joshua recalled many times when Savage got him through a difficult experience or a tough day.

"Being around him would just put you in a great mood. There were times I was down and he would be right there ready to help me get back to my happy place," he said.

Growing up in a family of ministers, Savage spent a lot of time in church as a kid.

"In fact when he was 16, he was my and his dad's music man -- he would organize the music for the church services," Beverly Savage recalled.

Even though he liked to goof around, he also liked to get into debates with his family and friends and recently took a deeper interest in politics.

In his room his mom found a stack of books he recently purchased including "1944: FDR and the Year That Changed History," by Jay Winik, "Lion of the Senate: When Ted Kennedy Rallied the Democrats in a GOP Congress," by Nick Littlefield and David Nexon and Hillary Rodham Clinton's "Hard Choices."

Today the Savage family will lay to rest a son whose life ended too soon, Beverly Savage said.

"Drew had a way of causing people to live their true selves and be free in living. He would often impart wisdom to his loved ones and possessed the uncanny ability to find humor in hard times or trying circumstances," she said. "He stood out for his individuality, loving, caring, and we only wanted the best for him."

His brother added, "For everyone he loved and cared for, he wanted the best for them. There are plenty of things we can thank him for, but I thank him for keeping it real with us and being the loving and loyal brother he is."

The dog was found on 158 Downer Ave. around 11:20 a.m. Monday inside of a cage with a blanket, leash, food, dog coat and toys.

The Hingham Police Department has shared photos of a dog they found in a cage on the side of the road, hoping to find the animal's owner.

The dog was found on 158 Downer Ave., in Hingham, around 11:20 a.m. Monday inside of a cage with a blanket, leash, food, dog coat and toys.

Police said the dog was on the side of the road for less than an hour. It has not been microchipped.

The dog was taken to the Animal Rescue League of Boston overnight Monday.

Photos of the pooch were shared on the Hingham Police Department Facebook page. The department be reached by phone at (781) 749-1212.

A Springfield forum is scheduled to discuss the federal Every Student Succeeds Act, aimed that is intended to establish assessment, accountability and improvement systems to close educational achievement gaps.

SPRINGFIELD — Local and state organizations are inviting the public to take part in a community forum on Thursday at the MassMutual Center to expand dialogue on the impacts of a new federal education law known as the Every Student Succeeds Act (ESSA).

The forum is scheduled from 7:30 to 9:30 a.m., at the MassMutual center, 1277 Main St.

The forum is sponsored by the Massachusetts Institute for a New Commonwealth (MassINC) in partnership with the Massachusetts Business Alliance for Education and Springfield Business Leaders for Education.

The forum is the latest in a series of regional events around the state aimed at increasing community dialogue around the significant impacts coming to Gateway Cities under the new federal act, according to the forum announcement.

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The Every Student Succeeds Act seeks to establish assessment, accountability and improvement systems to close educational achievement gaps.

Additional forums will be conducted in Pittsfield and Boston "in an effort to harness next generation accountability as a force for school improvement in Gateway Cities," the announcement said.

The events being conducted around the state are intended to create dialogue among state education officials, local teachers, students and civic leaders.