The U.S. Army Corps of Engineers will grant the final permit needed to complete the controversial Dakota Access Pipeline, Army officials announced in a Tuesday court filing.

President Donald Trump's administration will grant the final permit needed to complete the controversial Dakota Access Pipeline, Army officials announced in a Tuesday court filing.

According to court filing over an ongoing federal environmental review of the project, Deputy Secretary of the Army Paul D. Cramer will grant a 30-year easement under Lake Oahe, a reservoir that's part of the Missouri River, the Washington Post reported.

The $3.8 billion pipeline, which is being built by Energy Transfer Partners, had been delayed for several months as Native American tribes and climate activists protested its construction.

Army officials indicated in documents filed with the U.S. District Court for the District of Columbia that they were ending a plan to prepare an environmental-impact statement on how the pipeline would impact land and water along its, 1,000-plus mile route, the newspaper reported.

Cramer, in a letter to Rep. Raul Grijalva, D-Arizona, reportedly stated that the Army intends to grant the easement no later than Wednesday afternoon.

News of the expected permit approval came just weeks after Trump issued a memorandum directing the secretary of the Army to instruct the U.S. Army Corps of Engineers and the assistant secretary of the Army for Civil Works to conduct an expedited review of the easement.

"This approximately 1,100-mile pipeline is designed to carry approximately 500,000 barrels per day of crude oil from the Bakken and Three Forks oil production areas in North Dakota to oil markets in the United States," the directive stated. "At this time, the DAPL is more than 90 percent complete across its entire route. Only a limited portion remains to be constructed. I believe that construction and operation of lawfully permitted pipeline infrastructure serve the national interest."

Donald Trump signs actions to advance Keystone XL and Dakota Access oil pipelines

The Dakota Access Pipeline sparked a months-long protest camp near the Missouri River, with members of the Standing Rock Sioux tribe contending that it could endanger sacred sites and the water supply of tribal lands.

The Army Corps of Engineers, following the protests, refused to grant Energy Transfer Partners the right to extend the pipeline beneath the river in November.

Easthampton police received multiple reports of loud explosions at around 9:30 p.m. on Sunday, first on Ferry Street and a short time later on Pleasant Street.

EASTHAMPTON - Federal law enforcement agencies are assisting with the investigation into a series of explosions in the area of Lower Mill Pond on Sunday night.

Easthampton police received reports of multiple loud explosions at around 9:30 p.m. on Sunday, first on Ferry Street and a short time later on Pleasant Street.

On the bank of Lower Mill Pond, officers found several devices that had been detonated, and others that were unexploded. Massachusetts State Police bomb technicians helped render the area safe, police said in a news release on Tuesday.

Easthampton detectives are investigating along with the Springfield offices of the FBI and ATF, and the state Fire Marshal's office.

Anyone with information is asked to call Easthampton detectives at 413-527-1212.

Resident Bonny Rathbone said the former elementary school in the Three Rivers village that has been vacant for decades symbolizes the town's decay

PALMER -- Many residents attending a standing-room-only public forum convened by the Town Council Monday night said numerous vacant and dilapidated buildings scar the community, stunt economic development and discourage folks from moving here.

Residents said Palmer's public ball fields are in tough shape, that passenger rail service should be a priority of municipal leaders, and that more resources should be directed to the public school system.

They also criticized having four separate water districts -- for Depot Village, Three Rivers, Thorndike and Bondsville -- and questioned why the town has three separate fire departments, with some saying this works against community cohesion.

The Palmer public forum on Feb. 6, 2017, was at the police department's community room.(JIM RUSSELL PHOTO) 

Resident Bonny Rathbone said the former elementary school in the Three Rivers village that has been vacant for decades symbolizes the town's decay.

"It should have been condemned in 1978," she said. "Three Rivers elementary school is a dump."

Palmer officials asked citizens to be patient, saying resources are scarce and that incremental progress is being made.

"One of the things we are working on is blighted property. ... We are trying," Council President Barbara Barry said.

"It is frustrating that a lot of these properties sit vacant," she said. "We want people who want to invest in the town. ... That is difficult."

Bob Dupuis(JIM RUSSELL PHOTO) 

"Many burned buildings stand vacant in this god-damned town," resident Bob Dupuis said. "There is a blight, a cancer throughout the town."

"It's time for action, let's get it done. ... We have potential, (but) we sit here like ragamuffins," Dupuis said.

Concerns about proliferation of used hypodermic needles strewn about town were expressed.

"Call us if you find needles -- we will pick them up," Palmer Police Chief John Janulewicz said.

The chief also discussed the importance of residents sharing information with the force.

"You are the eyes and ears of the community," he said. "We need your input."

Mayor Domenic J. Sarno, regarding his OK of a City Hall rally, said there was no attempt to "stifle" free speech in initial consideration of a rally permit.

SPRINGFIELD -- Mayor Domenic J. Sarno said Tuesday that although not all guidelines were met by organizers, he has granted approval for a rally on the steps of City Hall on Saturday that calls for health care for all and "reproductive justice."

Organizers of the "Our Bodies, Our Justice" rally, which is being held in support of Planned Parenthood and other health care causes, said they had learned Tuesday that the rally was in jeopardy because of a requirement for approvals from the police commissioner, fire commissioner and mayor and a 21-day review period.

They asked for assistance from the American Civil Liberties Union on Tuesday prior to the news that the mayor would allow the rally by granting a one-day entertainment permit.

Sarno said no one was attempting to "stifle the freedom of speech," but there are procedures to address safety issues that must be addressed in such events. The rally is scheduled Saturday from 1 to 3 p.m. outside City Hall.

"Even though proper guidelines and timelines were not met in order to assure that all public safety aspects from crowd control and dispersal to traffic flow patterns are mapped out and properly managed in accordance with other scheduled events, I have instructed my Licensing Director Attorney Alesia Days and Police Commissioner John Barbieri to work with this group's request," Sarno said. "No one here is attempting to stifle the freedom of speech, but it is important to realize, in these days of heightened emotions and political rhetoric, that we keep everyone safe and respectful in order to get one's message out in a peaceful manner."

Applications for a one-day entertainment license must be submitted at least 21 days in advance, according to city guidelines. Organizers, however, said it was a rally and a matter of free speech, although the event does include some music and dancing.

Liz Friedman and Linday Sabadosa, co-chairwomen of the "Our Bodies, Our Justice" rally, said they had sought any necessary approvals last week and were led to believe there would be no difficulties in holding the event. That changed when they checked back this week and were told about the 21-day review period, they said.

Sabadosa said she pursued approvals at various offices including the police department, city clerk's office and mayor's office, with the law department also involved.

If directly taxing the Gandara Center is not feasible, then a payment in lieu of taxes agreement would be negotiated, according to Ware Town Manager Stuart Beckley.

WARE -- Selectmen here say they should be able to collect taxes from an addiction recovery center at a former convent, slated to open soon on property owned by the Springfield Diocese where St. Mary's Parish is located on South Street.

The church is a tax-exempt organization, but town officials say the change of use would allow them to collect taxes for the social services function.

At a recent meeting, officials from the West Springfield-based Gandara Center, who will operate the 15-bed recovery center for women recovering from drug or alcohol abuse, told Ware selectmen on Jan. 24 that they are amenable to the idea, and will work with the board to come up with a satisfactory arrangement. Gandara said it has a lease agreement with the diocese.

Town officials are researching the tax assessment issue, according to Ware Town Manager Stuart Beckley. If directly taxing Gandara is not feasible, he said, then a payment in lieu of taxes (PILOT) agreement would be negotiated.

"We will wait to hear whether the (Ware Board of) Assessors determine the Gandara property to be a taxable case. If not, the town will propose a PILOT to Gandara. This could take a couple of months," Beckley said in an email.

Contacted Tuesday, Gandara's communications and development director Lisa Brecher said the recovery center is "ready to open." She said the organization remains optimistic it will open later this month.

Brecher said the only thing delaying the opening is whether the town would require a site review by the Planning Board. Gandara has secured a building permit from the Ware building inspector.

A meeting to discuss the proposal begins Thursday at 6:30 p.m. in the Palmer High School library, 4105 Main St.

PALMER -- The School Committee and Superintendent Patricia Gardner will convene a public forum Thursday night for residents to comment on the district's plan to close Converse Middle School.

The meeting begins at 6:30 p.m. in the Palmer High School library, 4105 Main St.

At last month's School Committee meeting, the board heard in detail some of the reasons why closing Converse should be considered -- chief among them "significant student health and safety concerns," a report the district has posted on its website says.

"Superintendent Gardner and Business Manager Aaron Osborne presented a report to the committee on the condition of the Converse Middle School and the capital costs associated for repairs and updates to improve safety and well-being," the district said in a message posted on the school website.

"Considering the high costs and the impact on the school budget, a proposal was presented to close Converse Middle School and move the sixth grade to Old Mill Pond Elementary School and the seventh grade to Palmer High School."

The report says capital costs of $1.2 million would be needed to keep the building functioning. It says declining enrollment within the entire Palmer school district means Converse students could be relocated to another building that would not put them at risk.

Gardner is expected to outline student relocation options at Thursday's meeting.

The school board is slated to vote at their Feb. 16 meeting on whether to close the aging middle school.

The suspects allegedly stole $1,000 worth of high-end sunglasses from the Holyoke Mall location at around 7 p.m. on Monday.

HOLYOKE - Detectives are asking for help identifying four people involved in a theft at the Holyoke Mall.

Lt. Jim Albert on Tuesday released surveillance images of the suspects accused of stealing from the mall's Sunglass Hut location.

Western Mass News, television partner of The Republican/MassLive, reports they allegedly stole $1,000 worth of high-end sunglasses at around 7 p.m. on Monday.

Anyone with information is asked to call Holyoke detectives at 413-322-6940.

The Board of Selectmen has approved police Sgt. Kevin O'Grady's promotion to the rank of lieutenant by the town administrator.

GRANBY -- The Board of Selectmen has approved police Sgt. Kevin O'Grady's promotion by the town administrator to the rank of lieutenant.

O'Grady promotion was recommended by Granby Police Chief Alan Wishart.

The chief has invited the public to a swearing in ceremony for the new lieutenant Feb. 15 at 6 p.m. at the town office building, 10B West State St.

O'Grady is a 19-year veteran of the force. He became a full-time officer in 2003 and was promoted to sergeant five years later. He earned a bachelor's degree at Westfield State University.

Fernando Rosado, 53, of Springfield, was found guilty of heroin dealing from his arrest in January 2015.

SPRINGFIELD -- A 53-year-old city man has been sentenced to 31/2 years in state prison for possession of heroin with intent to distribute as a subsequent offender.

Hampden Superior Court Judge Edward J. McDonough sentenced Fernando Rosado on Monday after a jury on Friday found Rosado guilty of possession of heroin with intent to distribute.

That sentence is the minimum mandatory length for the conviction as a second offender. Rosado has 729 days -- a day under two years -- credit for time spent in jail awaiting trial.

Rosado's case helped bring to light a scandal involving city police officer Gregg A. Bigda.

Fernando Rosado

A September hearing in the case, which includes Rosado and two co-defendants, involved a discussion of video that showed Bigda threatening two juveniles with beatings and false drug charges during questioning at the Palmer police station. In the wake of that revelation, cases against other drug defendants collapsed or ended in plea deals as prosecutors sought to avoid calling Bigda as a witness.

Bigda was a detective with the Springfield Police Department's Narcotics Unit until being reassigned to the records division after serving a 60-day suspension.

Because he played a role in Rosado's arrest, defense attorney Jeanne A. Liddy wanted to show the footage to a jury to impeach Bigda's credibility when it came time for her client to face trial.

But Assistant District Attorney Mary A. Sandstrom contended in pretrial hearings that Bigda's testimony would not be necessary to prove her case, saying he had a minimal role as part of the team that executed the search warrant on Rosado's 41 Belmont St. apartment.

She did not call him as a witness at trial.

Hampden District Attorney Anthony Gulluni said in a statement Tuesday, "I thank the members of the jury for their service. In addition, I thank and congratulate Assistant District Attorney Mary Sandstrom for the resilience and commitment she displayed in this complicated case which faced issues outside of her control."

He said, "Despite any challenges presented by external issues, we will continue to pursue cases toward the interest of justice and for the protection and safety of the public."

Liddy had intended to call Bigda. McDonough had previously ruled she could not use the videotape to impeach Bigda while he was on the stand as a witness.

Liddy on Jan. 27 appealed to the state Supreme Judicial Court for relief from McDonough's decision not to allow her to call Bigda as a witness at all.

The SJC did not accept the appeal for consideration, saying there are remedies she could seek on appeal after trial.

Liddy wrote in her petition to the SJC she served a summons on Bigda to appear at trial.

She wrote that on Jan. 26, the morning of the trial, Bigda didn't appear. At a sidebar conference, Liddy renewed her request to have Bigda testify, but McDonough denied that request, she wrote.

Liddy wrote Bigda was a participant in the execution of the search warrant and has made recorded statements (in the Palmer incident) "regarding his willingness to plant evidence, to put whatever he wished in police reports and that he is not hampered by the truth."

Liddy said Tuesday that Rosado was disappointed the appeal to the SJC was not allowed.

She said she believes there are great issues for appeal.

The Palmer police station footage shows Bigda threatening the teens as he questioned them about the theft of an unmarked Springfield police vehicle.

In closing arguments Friday, Liddy said Rosado is a heroin addict who had 48 bags of heroin in his wallet for his personal use when police entered his home in January 2015.

Sandstrom told the jury Rosado intended to sell the heroin and was part of a drug-selling operation with his son, Jotsan Rosado, and the other co-defendant, David Jordan.

The jury got the case for deliberations about 1 p.m. Friday and had its verdict in about an hour.

Fernando Rosado took the stand in his own defense Friday, telling jurors he was a heroin addict, using 20 to 25 bags a day. He said he began getting sick from withdrawal the evening of his arrest.

Police officers testified Rosado showed no evidence of being sick while locked up after his arrest.

Sandstrom argued there were no syringes or other evidence showing consumption of heroin in the apartment. Rosado said he snorted the drug.

In a September hearing for the three defendants, Judge Tina S. Page called the handling of the Bigda videos "borderline prosecutorial misconduct." Page also said reasons cited by the district attorney's office for restricting access to the footage were "disturbing" and threatened to turn the videos over to higher authorities for review.

In pretrial hearings Liddy asked for a decision on whether she could show the footage if Bigda testified in Fernando Rosado's trial. Page left that decision to the trial judge, and Judge Edward J. McDonough ruled the video could not be used.

The cases against the three co-defendants were separated. Jotsan Rosado has already gone to trial and a jury found him guilty only of possession of heroin. He had been charged with possession of heroin with intent to distribute.

The case against Jordan is still pending.

The Preschool Expansion Grant program is a multi-year initiative to provide free preschool to children.

A grant that has made it possible for hundreds of 4-year-olds to go to preschool is proving to be a great success, according to a report released by Gov. Charlie Baker's office.

The Preschool Expansion Grant program is a multi-year initiative to provide free preschool to children in Boston, Holyoke, Lawrence, Lowell and Springfield.

Through funding awarded to the state from the U.S. Department of Education, 48 new preschool classrooms were opened in the fall of 2015. About 850 children were enrolled in the participating communities during each year of the program.

A report released Tuesday found the grant program provided high-quality learning environments in all five communities, and the participating children showed positive developmental results after the first year.

"The Preschool Expansion Grant program is developing important partnerships between participating school districts and community-based early education and care programs," Baker said in a prepared statement. "The five participating cities are making significant progress toward supporting our goal of helping all children achieve math and reading proficiency by third grade."

In Springfield there are 11 preschool classes through a partnership with the Springfield Public Schools, the YMCA of Greater Springfield, the Holyoke, Chicopee, Springfield Head Start and Square One.

"Having been able to increase the number of students attending preschool is an investment that is going to pay dividends for years to come," said Springfield Superintendent of Schools Daniel Warwick. "We have benefited greatly from the provisions, the partnership and program."

Kristine Allard, the chief development and communications officer for Square One, said national research has proven that children who receive a high-quality early learning experience are less likely to engage in illegal or violent behavior, and are more likely to graduate high school and go on to higher education.

"We are really proud of the partnerships created here in Springfield to lead to this successful initiative," Allard said. "We are working together to offer what we know the community needs."

While there are some guidelines every community has to follow when it comes to eligibility for the program, the individual school departments were able to tailor the program to the needs of the population.

In Springfield the school department and the agencies opted to share one curriculum.

"With everyone following the same curriculum the teachers can experience each others techniques and styles and see how the same curriculum is being implemented," Allard said. "At the same time we know all of the students are getting the best possible preparation for kindergarten."

The Holyoke Public Schools, the Valley Opportunity Council and the Holyoke, Chicopee, Springfield Head Start opted for different curricula -- but the program has been just as successful, said Nicole Blaise, director of community relations for Head Start.

"A lot of planning went into the design of the program in both communities so that we could come up with an individualized plan that focused on each of their needs," she said.

In Springfield there are 172 slots available for children each year, while in Holyoke there are 72 slots.

Blaise said the program's benefits have included bringing the school departments and early education agencies together, as well as offering fair wages to teachers and offering extensive professional development opportunities.

Both Allard and Blaise said parent engagement has also been an important part of the program.

"There is no transportation offered for children in this preschool program so parents are required to engage in a different way by dropping off their children and speaking to their teachers on a daily basis," Allard said.

Blaise added that parent engagement specialists at each of the schools also create opportunities for family programming and teacher, parent interaction.

"We can also offer early developmental screenings for children to make sure they have the services they need before heading off to kindergarten," she said.

The Preschool Expansion Grant program is funded for three years, and Massachusetts is eligible to receive a fourth year of funding for the 2018-19 school year, subject to budget appropriation.

Other major findings highlighted in a press release on the report include:

• At the end of their year in the Preschool Expansion Grant program, the children demonstrated age-appropriate skills in math, letter-word recognition, self-regulation and the ability to develop positive relationships.
• Teachers were well compensated, well-educated and generally satisfied with their positions.
• The classroom observations conducted six months after opening found moderate to high levels of quality across three different measures of important dimensions of classroom quality.
• The majority of families surveyed reported feeling well informed and connected to the program and confident in their ability to communicate with their child's teacher.

Mayor Domenic Sarno has criticized the coming arrival of refugee families in Springfield, saying he received no advance notice, or coordination.

SPRINGFIELD -- Mayor Domenic J. Sarno, after learning that several refugee families are expected to arrive in the Springfield area this week, has renewed criticism of local resettlement agencies, saying "enough is enough."

In a prepared release, Sarno raised a series of questions about the arrival, saying he had received no advance communication from the Jewish Family Service of Western Massachusetts, the resettlement agency.

"Once again, these resettlement agencies with no prior contact and/or coordination efforts with our city departments, use our Springfield as their "designated resettlement site," Sarno said. "Yet when these resettlement agencies are asked to assist these families in need in their own cities and/or towns -- they state they do not have the capacity. Maybe they should try to create their own capacity."

Sarno had also been critical of resettlement agencies in 2013, urging the federal government at that time to put a moratorium on new refugee families settled in Springfield.

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Paper City Clothing Co. at 362 Dwight St. in Holyoke, Massachusetts will host a "Sip n Print" event in honor of Black History Month from 5:30 to 7:30 p.m. Thursday, Feb. 9, 2017 with participants getting a T-shirt printing tutorial, materials, beer and wine for a $25 admission that will fund a monthly series of free screen printing workshops for Holyoke youth.

HOLYOKE -- Paper City Clothing Co. at 362 Dwight St. will host a "Sip n Print" event in honor of Black History Month from 5:30 to 7:30 p.m. Thursday with participants getting a T-shirt printing tutorial, materials, beer and wine.

Admission is $25 and proceeds will fund a monthly series of free screen printing workshops for Holyoke youth, a press release said.

"Similar to 'Wine and Paint' nights that have become popular over the last few years, attendees will receive a tee shirt, printing tutorial and beer or wine, and then choose from various designs honoring artists and activists that contributed to the African American legacy to screen print onto their garment," the press release said.

Paper City Clothing Company offers screen printing and image transfer services as well as original apparel designed by owner Carlos Pena, the press release said.

"It's important to me in starting my own business to find ways to interact with and support my community in positive ways. Starting from scratch without a lot of resources, I have to get creative about how I do that," Pena said.

SUBMITTED IMAGE 

" 'Sip n Print' will be a fun evening where folks get to make something to take home with them, while enjoying the process with friends or colleagues and contributing to something bigger in their community which is the free printing workshops for youth," Pena said.

The event is in collaboration with the Center for Design Engagement, which is in space next to Paper City Clothing in the same building, the press release said.

The accusation stems from a shots-fired call in 2014 that apparently was unrelated to the boy, according to a lawsuit filed on Tuesday in Hampden Superior Court in Springfield.

HOLYOKE -- In a lawsuit filed Tuesday in Hampden Superior Court in Springfield, three Holyoke police officers were accused of beating a 12-year-old boy unconscious after responding to a shots-fired call in 2014.

"Rather than searching and questioning the boy the officers assaulted him without cause, inflicting a concussion, deviated nasal septum, multiple abrasions and contusions to the scalp, face, chin and left ear, contusions to the chest wall and other injuries," the civil suit states.

The incident occurred at night on Feb. 8, 2014, as police responded to a suicidal man and shots fired at the Vietnam Veterans Memorial Bridge between Holyoke and South Hadley, according to the lawsuit.

Holyoke man gets 3 years after admitting he fired shots on bridge to South Hadley

The lawsuit was filed by Janette Hernandez Pagan, mother of the then-12-year-old boy. They now live in Winter Haven, Florida, and at the time of the incident lived at 15 North Summer St. here, according to the lawsuit.

The Republican's policy is not to identify juveniles in such cases.

Defendants named in the lawsuit are Holyoke police officers Thomas J. Leahy, James Dunn and Jabet Lopez, as well as the city of Holyoke.

The plaintiffs' lawyer, Hector E. Pineiro of Worcester, couldn't immediately be reached for comment.

Sara J. Carroll, assistant city solicitor for the city of Holyoke, said, "To my knowledge, the city has not yet been served with this complaint. I am unable to comment."

The court complaint includes 18 photos that allegedly show bruises on the boy.

The boy at the time of the incident stood 5 feet 2 inches tall and weighed about 110 pounds, the lawsuit states. He was outside the apartment building where he lived the night of the incident when "a distraught neighbor, Edgar Zayas ... began to talk irrationally about killing himself and began waiving a .44-caliber handgun."

The photo above, included in a lawsuit filed Tuesday, allegedly shows bruises suffered by a 12-year-old boy at the hands of Holyoke police officers who had responded to a shots-fired call in relation to a suicidal man at the Vietnam Veterans Memorial Bridge between Holyoke and South Hadley on Feb. 8, 2014.
 

The boy and another neighbor tried to reason with Zayas and followed him to the bridge. Zayas fired the gun into the air twice and again at three traveling vehicles and several more times before aiming the gun at his own chin, according to the lawsuit.

Holyoke and South Hadley police responded. Initially, Holyoke officers at gunpoint detained the neighbor who had accompanied the boy, handcuffed and searched him for weapons. But they released him after he said, "The guy you are looking for is on the bridge," according to the lawsuit.

"Police spotted Mr. Zayas, ordered him to drop the gun and when he failed to obey they tackled and disarmed him," the lawsuit states.

At this point, the boy "panicked" and at first tried to hide behind a wall and then ran. But he encountered a Holyoke police officer who pointed a service weapon at the boy, according to the lawsuit. The last name of the officer allegedly involved in this part of the incident as included in the lawsuit is not among the officers named as defendants, suggesting a possible misspelling of an officer's name.

"I don't have a weapon with me, I did not do anything," said the boy, according to the lawsuit. Officers told the boy to put his hands behind his back and kneel.

"At no time did he make any gesture or statement that could reasonably be perceived as threatening to the officers," the lawsuit says. "The officers seized him and though he did not resist began striking him with their feet and/or knees, a baton and/or with a hard blunt object on his back, ribs and head until he passed out."

"The officer scraped (the boy's) face against the road surface causing a number of facial injuries," the lawsuit says.

One of the Holyoke officers claimed that while on the ground the boy was trying to retrieve something from under his body, the lawsuit states.

The boy was taken in police custody to Holyoke Medical Center, sent to a juvenile detention facility in Springfield and charged with resisting arrest and disorderly conduct, the lawsuit says.

The boy was released from the juvenile detention facility at 5 p.m. on Feb. 9, 2014. His mother took him to Baystate Medical Center in Springfield, where he was diagnosed with a head injury and chest bruises, according to the suit.

"No reasonable officer would have manhandled, tackled, kicked, kneed or (struck the boy) under the circumstances and doing so served no legitimate purpose," the lawsuit states.

The plaintiffs seek money for damages and lawyer and hospital fees.

Zayas was sentenced to three years in the Hampden County Correctional Center in Ludlow followed by five years probation at a court hearing in May 2015 after he said he had ingested PCP at a friend's house before he ended up on the bridge firing a gun.

Jean Carlos Mercado is charged with killing Hakeem Powell in Springfield on Oct. 5, 2013.

SPRINGFIELD -- Jury selection is slated to begin Wednesday in the trial of Jean Carlos Mercado, charged with fatally shooting Hakeem Powell on Oct. 5, 2013.

Mercado, 24, of Holyoke, was arrested in 2015. Powell, 33, of 80 Quincy St., Springfield, was shot at Quincy and Stebbins streets around 2:15 p.m.

Mercado has pleaded not guilty to a charge of murder, as well as charges of carrying a firearm without a license, illegal possession of ammunition and discharging a firearm within 500 feet of a building.

Police said Powell suffered one fatal wound to the head.

Assistant District Attorney Henry L. Rigali and defense lawyer Jeffrey S. Brown were before Hampden Superior Court Judge Richard J. Carey Tuesday afternoon for pretrial motions.

Rigali had a motion to take the jury, once selected, to visit the scene of the shooting. Carey denied that request.

One issue discussed was the prosecution's request to present testimony about the area in which the shooting occurred being a high-crime area. Rigali said it was relevant to show the "code of noncooperation on the streets."

Brown objected to that request, saying it wasn't relevant to the question of guilt or innocence of the defendant.

Rigali said police officers would testify about the intersection being in a high-crime area and what effect it had on their investigation.

Carey deferred a decision on that motion but said he didn't foresee allowing general testimony about the area being high-crime or having police officers testify in general about the climate of noncooperation.

Obituaries from The Republican.

The nickname Pioneer Valley dates back to travel writers in the 1920s and 1930s as they wrote guides for motorists venturing out from Boston and New York City.

HOLYOKE -- Now leaving the Pioneer Valley.

Now entering West Mass.

The Greater Springfield Convention & Visitors Bureau and the Economic Development Council of Western Massachusetts unveiled their new branding identity -- West Mass -- Tuesday night at an event at Open Square in Holyoke.

The EDC and the Greater Springfield Convention & Visitors Bureau spent $80,000 on the effort, money collected from member businesses. The visitors bureau receives state grant money as well.

The mission was to replace Pioneer Valley, a nickname long hated by some in the area's business community who said it made them think of covered wagons and "Little House on the Prairie."

The name Pioneer Valley comes from travel writers of the 1920s and 1930s who used it as they wrote guidebooks for motorists venturing out in their new automobiles from New York City and Boston. It stuck, and now is part of the formal name of businesses and institutions up and down the valley.

The groups hired Cubic Creative, an Oklahoma-based re branding agency, which hosted meetings and roundtables with area businesses, governments and residents.

 

There was a public survey with more than 300 respondents.

Work on the new branding effort took 11 months.

And West Mass was the result.

The branding campaign includes logos, tourism promotion and economic development along with graphics and language. Language for the campaign comes from local literary luminaries Emily Dickinson and Theodore "Dr. Seuss" Geisel.

Last year, the the EDC and the visitors bureau said the plan was  to have one brand for both economic development and tourism. The "Pure Michigan" campaign, which features the voice of comedian Tim Allen in some of its commercials, is an example of how that would work.

If an ad has the Pure Michigan logo in green, that's an ad aimed at economic development. Ads with a blue logo are aimed at tourism. But the themes are consistent in both efforts.

The hearing before the San Francisco-based 9th Circuit Court of Appeals judges was the greatest legal challenge yet to the ban, which has upended travel to the U.S. for more than a week and tested the new administration's use of executive power.

SAN FRANCISCO -- A panel of appeals court judges reviewing President Donald Trump's travel ban hammered away Tuesday at the federal government's arguments that the ban was motivated by concerns about terrorism, but also questioned an attorney who said it unconstitutionally targeted Muslims.

The hearing before the San Francisco-based 9th Circuit Court of Appeals judges was the greatest legal challenge yet to the ban, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.

Judge Michelle T. Friedland, who was appointed by President Barack Obama, asked whether the government has any evidence connecting the seven nations to terrorism.

August Flentje, arguing for the Justice Department, told the judges that the case was moving fast and the government had not yet included evidence to support the ban. Flentje cited a number of Somalis in the U.S. who, he said, had been connected to the al-Shabab terrorist group terror group after judges asked for evidence.

DOJ appeals decision to lift travel ban

Judge Richard Clifton, a George W. Bush nominee, asked an attorney representing Washington state and Minnesota, which are challenging the ban, what evidence he had that it was motivated by religion.

"I have trouble understanding why we're supposed to infer religious animus when in fact the vast majority of Muslims would not be affected."

He said only 15 percent of the world's Muslims were affected, according to his calculations, and said the "concern for terrorism from those connected to radical Islamic sects is hard to deny."

Noah Purcell, Washington state's solicitor general, cited public statements by Trump calling for a ban on the entry of Muslims to the U.S. He said the states did not have to show every Muslim is harmed, only that the ban was motivated by religious discrimination.

Under questioning from Clifton, a Justice Department lawyer did not dispute that Trump made the statements.

The ban has upended travel to the U.S. for more than a week and tested the new administration's use of executive power.

The government asked the court to restore Trump's order, contending that the president alone has the power to decide who can enter or stay in the United States. Several states insist that it is unconstitutional.

The judges -- two Democratic appointees and one Republican -- repeatedly questioned Flentje on why the states should not be able to sue on behalf of their residents or on behalf of their universities, which have complained about students and faculty getting stranded overseas.

The states challenging the ban want the appellate court to allow a temporary restraining order blocking the travel ban to stand as their lawsuit moves through the legal system.

Family members who have just arrived from Syria embrace and are greeted by family who live in the United States upon their arrival at John F. Kennedy International Airport in New York, Monday, Feb. 6, 2017. AP Photo/Craig Ruttle 

Purcell said that restraining order has not harmed the U.S. government.

Instead, he told the panel, Trump's order had harmed Washington state residents by splitting up families, holding up students trying to travel for their studies and preventing people from visiting family abroad.

A decision was likely to come later this week, court spokesman David Madden said.

Whatever the court eventually decides, either side could ask the Supreme Court to intervene.

Trump said Tuesday that he cannot believe his administration has to fight in the courts to uphold his refugee and immigration ban, a policy he says will protect the country.

"And a lot of people agree with us, believe me," Trump said at a round table discussion with members of the National Sheriff's Association. "If those people ever protested, you'd see a real protest. But they want to see our borders secure and our country secure."

Homeland Security Secretary John Kelly told lawmakers that the order probably should have been delayed at least long enough to brief Congress about it.

If the case does end up before the Supreme Court, it could prove difficult to find the necessary five votes to undo a lower court order. The Supreme Court has been at less than full strength since Justice Antonin Scalia's death a year ago. The last immigration case that reached the justices ended in a 4-4 tie.

How and when a case might get to the Supreme Court is unclear. The travel ban itself is to expire in 90 days, meaning it could run its course before a higher court takes up the issue. Or the administration could change it in any number of ways that would keep the issue alive.

Amherst officials will likely call a one-question referendum on the same day as the annual Town Election March 28 for voters to consider whether to again support building a new twin school at the Wildwood elementary school site.

AMHERST -- Town officials likely will schedule a one-question referendum on building a new twin school at the Wildwood Elementary School site on the same day as the annual Town Election scheduled March 28.

Parents and others submitted more than 1,400 signatures to the Town Clerk's office asking for the vote. They had until 4:30 p.m. Monday to submit at least 829 registered voters signatures.

The request in the special election has to be the exact request presented to Town Meeting to borrow $32.8 million to build the approximately $67 million second through sixth grade twin elementary school.

The School Committee meanwhile voted 4 to 1 not to withdraw its application from the Massachusetts School Building Authority, which has given the town until March 31 to show whether it has the town's financial backing.

The MSBA agreed to pay about $34.4 million of the construction cost, leaving Amherst to pay the rest.

The committee, however, had to withdraw by Tuesday to be eligible to reapply for state funding this year.

In an email, School Committee chairwoman Katherine Appy wrote that the majority of those at the Monday night meeting spoke in favor of the project and asked the committee not to withdraw. 

Select Board chairwoman Alisa Brewer in an email said legal counsel has advised the town to have a separate ballot at the annual town election March 28 on the school building funding question.

The Select Board will discuss the question Feb. 13. The election filing deadline with the town clerk is Feb. 21.

This will be the second town-wide vote on the issue. On Nov. 8, voters approved spending on the project by 126 votes, 6,825 in favor to 6,699 opposed. Town Meeting, however, rejected the borrowing on Nov. 14 in a 108-106 vote. 

A two-thirds majority was required at Town Meeting because the measure involves borrowing.

Residents petitioned for a second Town Meeting, and while a majority on Jan. 30 supported the project, 123-92, the vote again fell short of the two-thirds margin.

The town-wide vote also would require a two-thirds majority. In addition, at least 18 percent of the town's 16,569 registered voters -- 2,982 -- must cast ballots in order for the Town Meeting vote to be overturned.

"I was skeptical over the course of four days there was enough momentum to get signatures on the ballot. It was truly amazing," parent Johanna Neumann said. "(50 people) came out of the woodwork and helped gather the petitions. This was a grassroots effort through and through."

The effort affected the School Committee vote not to withdraw its funding request from the state.

Appy wrote that she and other members "felt strongly that the 1400 plus signatures gathered in about 3 1/2 days compelled us to respect and allow the democratic process to unfold."

Only committee member Vira Douangmany Cage wanted to withdraw the town application. She had been the only committee member opposed to the school project.

Town Meeting member Kevin Collins, meanwhile, said he has collected the 200 signatures required to call for another Town Meeting on the question. 

"I expect I will hand in the petition so that Town Meeting has time for one more revote before the election. They should have a chance to reconsider," he wrote in an email.

He began collecting signatures days after the Jan. 30 vote.

The Holyoke City Council voted Tuesday, Feb. 7, 2017 to seek a legal opinion to determine whether the city qualifies as a "sanctuary city" in terms of federal immigration law enforcement and with $19.6 million in federal funding to the city potentially at stake.

HOLYOKE -- Veteran City Councilor Daniel B. Bresnahan questioned Tuesday why officials were devoting time to debating a concept known as "sanctuary cities" and jeopardizing federal funding when public safety and education issues require attention.

"This is not the issue we need to be facing here," Bresnahan said.

This was in relation to orders on the City Council agenda filed after Mayor Alex B. Morse said he would defy President Donald Trump regarding federal immigrant laws. Trump had issued an executive order threatening to halt federal funding to cities and towns whose police fail to help with federal immigration enforcement in some cases.

The council referred the following two orders to the Holyoke police chief, the Law Department and the City Council FInance Committee:

Item 43 filed by Council President Kevin A. Jourdain and Ward 5 Councilor Linda L. Vacon:

That the law department render a legal opinion to determine if Holyoke could be (or already is) classified as a "sanctuary city." Do current policies of Mayor Morse's administration rise to the level that it could deem Holyoke with this status? Secondly, please provide a list gathered from department heads of all federal grants and funding that the city currently receives by name of source, name of dept impacted and amount. In the event that Holyoke policies cause to deem us a sanctuary city we need to be aware of the potential financial impact to the city of these policies in light of new executive orders on this topic being created at the federal level.

Item 44 filed by Jourdain:

Holyoke Police Chief and Law Department report to the City Council if the Holyoke Police Department is fully compliant with 8 USC 1373? If not, how so and why?

Bresnahan asked why the council was spending time on such issues -- and jeopardizing vital federal money -- when the city public schools are in state receivership and some believe the city needs more firefighters to improve public safety coverage.

Trump signed an executive order Jan. 25 denying federal funding to sanctuary cities, or jurisdictions, that choose not to cooperate with federal efforts to deport undocumented immigrants.

Morse issued an executive order in November 2014 that directed police to avoid enforcing federal civil detainer requests aimed at holding immigrants past the point when they usually would be released.

The order, which Morse said made official an existing police practice, would not apply if an individual is the subject of a criminal warrant, has been indicted, arraigned or convicted in relation to a criminal offense or is a registered Massachusetts sex offender.

The city received nearly $19.6 million in federal funds last year to help students living in poverty meet academic standards and for school lunches, housing, sidewalks and programs for the elderly, according to a spreadsheet that Councilor at Large James M. Leahy requested from the city auditor.

The Holyoke, Massachusetts City Council Ordinance Committee is tentatively set to hold a public hearing on Feb. 28, 2017 on a proposal for a medical marijuana dispensary at 28 Appleton St.

HOLYOKE -- The City Council Tuesday referred a proposal for a medical marijuana dispensary at 28 Appleton St. to its Ordinance Committee.

The tentative date for a public hearing on the GTI Massachusetts NP Corp. request for a special permit for a medical marijuana dispensary is Feb. 28, Ordinance Committee Chairwoman Linda L. Vacon said.

GTI Massachusetts wants to open a medical pot facility that would occupy the second floor of a building in a general industry zoning district.

"I'm happy that we're going to get to collaborate with the Ordinance Committee to make sure that this is the right facility for the city of Holyoke," said Peter Kadens, chief executive officer of GTI Massachusetts.

Kadens said after the meeting the company would hire 30 people for jobs in its first year and up to 100 over three years as trimmers and packagers of marijuana plants, supervisors and managers. Wages would start at $14 an hour with benefits, he said.

GTI Massachusetts registered as a nonprofit corporation with the state on July 2, 2015, according to records online at the state secretary of state's office.

Massachusetts voters in 2012 permitted medical marijuana facilities by approving a statewide ballot question, and state law prohibits a city or town from banning such facilities. But the city can regulate where such a facility can be located and require that the permit-holder disclose security measures and discuss issues like hours of operation.

Marijuana can be prescribed medically to treat cancer, glaucoma, HIV-AIDS and other illnesses.

Additional details about the City Council's discussion on this issue will be published later this week.