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Section of I-91 in Springfield to close Monday night starting at 9 p.m.

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This current phase of work includes shifting traffic from the outer lanes to the center, newly reconstructed lanes that were completed in the first phase. That allows contractors to rebuild those outer lanes. Watch video

SPRINGFIELD -- The Massachusetts Department of Transportation will close Interstate 91 north at Exit 6 from 9 p.m. Monday to 5 a.m. Tuesday while crews replace bridge bearings.

The exit, marked "Downtown Springfield," is in the South End at East Columbus Avenue.

Detour routes:

  • To continue on I-91 North: Take Exit 6, "Downtown Springfield." Merge onto East Columbus Avenue. Continue north on East Columbus Avenue for about a mile. Merge left to take the ramp to I-91 north/Route 20 West/Exit 9B. Keep left to enter I-91 north.
  • For I-291 East: Take Exit 6, "Downtown Springfield." Merge onto East Columbus Avenue and continue straight. Turn right onto Liberty Street. Proceed to the third traffic light and turn left onto Chestnut Street, then turn right onto the ramp to enter I-291 East.

The shutdown is part of the $183.3 million repair and rebuilding of Interstate 91 and its viaduct through downtown Springfield.

MassDOT says the project is now three months ahead of its original schedule. The original schedule had the highway reopening in August 2018.

The 2.5-mile viaduct was built in the late 1960s and had deteriorated substantially over the decades.

Previously, crews moved traffic to the outer lanes as they repaired the inner lanes of the highway.

This current phase of work includes shifting traffic from the outer lanes to the center, newly reconstructed lanes that were completed in the first phase. That shift allows contractors to rebuild the outer lanes.

Traffic on I-91 north was shifted to the inner lanes in November 2016 and traffic on I-91 south was shifted to the inner lanes in December.


Here's how much Massachusetts could make off legal marijuana

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The legal marijuana market in Massachusetts could lead to $64 million in state tax revenue in its first year, according to an analysis released Monday.

The legal marijuana market in Massachusetts could lead to $64 million in state tax revenue in its first year, according to an analysis released Monday.

Officials from the Massachusetts Department of Revenue, which wrote the analysis, on Monday testified in front of the Legislature's Committee on Marijuana Policy as lawmakers seek to change the pot law passed by voters in November.

The law broadly legalized recreational marijuana use for adults over the age of 21. Marijuana remains illegal under federal law.

Retail marijuana sales are slated to start on July 1, 2018. They were originally set for January 2018, but Massachusetts lawmakers quickly enacted a six-month delay, giving themselves time to make additional changes.

The tax rate embedded in the new law could be one of the things they change. Under the current law, there is a 6.25 percent sales tax, a 3.75 percent excise tax and a potential 2 percent "local option" tax.

Marijuana legalization activists say a change in the law's tax rate is unnecessary and they said Monday that the Department of Revenue's analysis bolsters their claim.

But some lawmakers - and the official tasked with implementing the new law, Treasurer Deb Goldberg - say the rate is too low and point to revenue experts who had a word of caution about the estimates. Goldberg last year pointed to some of the first states to legalize marijuana, like Colorado and Washington, where excise tax on marijuana is 29 percent and 37 percent, respectively.

Mass. treasurer Deb Goldberg wants $10 million to help her start enforcing new pot law

Michael Heffernan, the state's revenue commissioner emphasized to lawmakers on Monday that the revenue estimates came with a "high degree of uncertainty."

Heffernan said it's difficult to estimate how many buyers will enter the legal marijuana market, at what volume, at what price, and how much that could change over time.

After a ramp-up period, "annual taxable sales of marijuana in Massachusetts could range between $707 million and $1.312 billion, with a middle point estimate of $1.010 billion," the Department of Revenue's analysis said.

The analysis added that it's likely that some recreational marijuana will be sold to people who cross the border into Massachusetts.

"Given that, relative to Colorado and Washington, Massachusetts has more densely populated neighboring states with easy highway access to the state, it seems reasonable to assume that Massachusetts would have relatively larger visitor demand," the analysis said.

Massachusetts in 'no man's land' on marijuana, Gov. Charlie Baker says

The analysis also pointed to a number of factors that could affect the estimates. "As more states legalize the recreational use of marijuana, the legal market may increase over time," the analysis said.

That means there is a "great deal of uncertainty as to sales in subsequent years. (e.g., more states legalizing recreational marijuana could potentially impact the marijuana market in Massachusetts)," the analysis added.

The analysis said it's "unclear" how the legal recreational market would affect medical marijuana in Massachusetts.  The Massachusetts Department of Revenue does not collect taxes on medical marijuana, which voters legalized in 2012.

Heffernan said his office had no recommendation on the level of taxation on marijuana.

His department's analysis was prepared at the request of state Sen. Michael Rodrigues, D-Westport, according to Heffernan.

Can a worker be fired for using medical marijuana?

US Sens. Elizabeth Warren, Ed Markey urge against confirming Judge Neil Gorsuch to US Supreme Court

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U.S. Sens. Elizabeth Warren and Ed Markey, D-Massachusetts, spoke out Monday against Republican-led efforts to confirm Judge Neil Gorsuch, President Donald Trump's pick for the U.S. Supreme Court.

U.S. Sens. Elizabeth Warren and Ed Markey, D-Massachusetts, spoke out Monday against Republican-led efforts to confirm Judge Neil Gorsuch, President Donald Trump's pick for the U.S. Supreme Court.

As the U.S. Senate officially kicked off the confirmation process, Warren and Markey raised concerns that the 10th U.S. Circuit Court of Appeals judge would put corporate interests over those of Americans.

They further denounced Republicans for failing to consider Merrick Garland, former President Barack Obama's Supreme Court nominee, and threatening to eliminate Democrats' ability to filibuster Gorsuch's confirmation.

President Donald Trump picks Appellate Judge Neil Gorsuch for US Supreme Court nominee

Warren told constituents who gathered for a town hall-style event in downtown Springfield that while Gorsuch "may be charming" and intelligent, his record as a judge suggests "when it's corporation versus and individual, he's all there for the corporation."

"We cannot have a Supreme Court that continues to tilt in favor of corporations," she said, pointing to the effects of the so-called "Citizen's United" decision as an example. 

The senator, who said she is "going to be after Gorsuch all the way," further pushed back against the idea of Republicans eliminating the 60-vote threshold for confirming U.S. Supreme Court nominees. 

Contending that the high court should have judges whose thinking falls in line with more mainstream ideals, Warren argued that if Gorusch can't get 60 votes in the U.S. Senate, Trump should put forth a different nominee. 

"That's the message we need to send: give us a nominee who is close enough to a fair, straight shooter that he or she can get 60 votes," she said. 

Although the Democrat acknowledged that Trump could nominate a more conservative judge than Gorsuch to take over the seat previously held by the late Antonin Scalia, "there are better people (he) could name too."

"Taking someone who says corporations are more important to me than women, corporations matter more to me than employees, corporations matter more to me than consumers -- taking that person because we know there could be even worse people, that's now how we do it in this country," she said. "We have to stand up and fight."

Markey also took aim at Gorsuch's record, contending that he has "repeatedly advanced an ultra-conservative agenda that sides with corporations and special interests over workers and women."

"Judge Gorsuch has sided with corporations over the environment, the disabled, and consumers," he said in a statement. "We need a Supreme Court justice who will stand up for the rights of all Americans against big corporate interests, and Judge Neil Gorsuch's record is proof that he not that justice."

The Democrat also argued that the next Supreme Court justice should "defend the Constitution for all, not adhere to ideology" -- something he said Gorsuch would not do. 

"We need a justice who will defend the Constitution for all, not adhere to ideology," he tweeted Monday. "Unfortunately, #Gorsuch is not that Justice #StopGorsuch."

Trump, who announced Gorsuch as his choice for Supreme Court nominee during a late-January prime time address from the White House, said the judge "has outstanding legal skills, a brilliant mind, tremendous discipline and has earned bipartisan support."

"He is a man of our country and a man who our country needs - and needs badly - to ensure the rule of law and the rule of justice," the president said, urging Democrats and Republicans to come together behind Gorsuch.

Democrats, including Warren and Markey, however, were quick to condemn Trump's Supreme Court nominee and pledged to block his confirmation. 

US Sens. Ed Markey, Elizabeth Warren blast President Donald Trump's nomination of Neil Gorsuch to Supreme Court

Pope Francis High School names Massachusetts native head of school

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Pope Francis High School in Chicopee has selected W. Paul Harrington Jr., a Holliston native, as its head of school following a nationwide search.

CHICOPEE — Following a nationwide search, Pope Francis High School on Monday announced the selection of W. Paul Harrington Jr., as its new head of school, citing his experiences as a Catholic education leader.

Harrington.photo.jpgW. Paul Harrington Jr. 

The selection occurs as construction of a new Pope Francis school is well under way on Surrey Road in Springfield. The new building is slated to replace the current site in Chicopee, school officials announced, and is being built at the site of the former Cathedral High School, which was destroyed in the 2011 tornado.

Harrington is a native of Holliston, who most recently served as head of school for Bishop Garcia Diego High School in Santa Barbara, California, said Jennifer Lopez, spokeswoman for Pope Francis High School.

Harrington has experience across the all levels of Catholic education that will allow Pope Francis High School "to fulfill its mission to instill Gospel values and foster academic excellence to a diverse community of learners, continuing the rich traditions of our legacy schools, Holyoke Catholic and Cathedral," Lopez said.

Harrington will take over the head of school duties for Pope Francis High School by July 1.

Western Mass pipeline fighters win legal battle over Clean Water Act

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The First Circuit ruling could affect Natural Gas Act proceedings in other states.

BOSTON --An arcane legal battle over the role of states in natural gas pipeline permitting concluded last week with a win by Western Massachusetts activists.

A March 15 ruling by the First Circuit Court of Appeals affirmed the right of state environmental regulators to hear certain pipeline-related challenges under the U.S. Clean Water Act.

Tennessee Gas, a Kinder Morgan subsidiary, had argued in favor of immediate judicial review in the case of the Connecticut Expansion, a delayed project which would traverse the Otis State Forest in Berkshire County.

The First Circuit ruled that it has no jurisdiction to hear an appeal of a conditional Section 401 Water Quality Certification issued by the Massachusetts Department of Environmental Protection on June 29.

The court affirmed the right of MassDEP to conduct its own permitting process -- from beginning to end -- when it comes to applications from gas pipeline firms to alter streams, ponds, and other water resources under its jurisdiction.

"We've won a battle, but the war continues," said Kathryn R. Eiseman, a leading pipeline foe and one of 16 citizen petitioners in the jurisdictional challenge.

The legal action was brought by the Berkshire Environmental Action Team, or BEAT, which has been fighting the pipeline. Members of BEAT filed an administrative appeal of the water certificate last summer, and MassDEP expects to issue its final decision by April 3. 

Any final water certificate could still be challenged in federal court.

Much of the argument before the First Circuit had to do with whether the June 29 certificate, which came with 47 conditions, amounted to a "final agency action" eligible for judicial review.

The court's judgment is narrow, and applies to state-issued Water Quality Certificates under Section 401 of the Clean Water Act, which are required of pipeline developers under the U.S. Natural Gas Act.

"This case helps define the limits to the preemptive powers of the Natural Gas Act, and highlights the pivotal role that key state-decision-making processes play in interstate pipeline permitting," Eiseman said.

Eiseman said the pipeline would alter or destroy about ten acres of wetlands in the state forest.

Pipeline developers say process introduces costly delays

Tennessee argued that any challenge to a conditional water certificate should be heard by the First Circuit, and asserted that letting Massachusetts regulators handle the administrative appeal could lead to a lengthy delay.

"Although we are disappointed with the Court's decision, we are confident that we will successfully complete the permit processes, and look forward to executing on this project to increase deliveries of clean, domestic natural gas for New England consumers," said a Kinder Morgan spokesman over the weekend.

Tennessee gained a Federal Energy Regulatory Commission certificate for the project in March and had hoped to have the pipeline up and running by November 2016.

The Natural Gas Act establishes FERC's power over pipeline permitting, but explicitly preserves states rights under the Coastal Zone Management Act, the Clean Air Act, and the Clean Water Act.

Tennessee first filed a state application for its water quality certification on June 30, 2015.

In the meantime, trees Tennessee planned to fell last year are still standing. Tennessee can't start work until it gains "authorization to proceed" from FERC, and that won't happen without the water permit.

Decision could have broad implications

Pipeline projects in other states have hit snags over Section 401 Water Quality Certificates.

A project that would cross New York -- the Constitution Pipeline -- has been stymied by that state's failure to grant a 401 Water Quality Certification. In Pennsylvania, a final certification issued by state regulators has been appealed in federal court by the Delaware Riverkeeper Network.

It was BEAT itself that asked the First Circuit to hear the water certification appeal, while concurrently asking the court to reject its own petition. One judge called the move "unusual" before agreeing to dismiss the petition for "lack of subject matter jurisdiction."

The environmental group filed the circuit court petition in August after Tennessee sued MassDEP in U.S. District Court, challenging the state agency's jurisdictional authority. The BEAT petition was filed "preemptively" to keep a seat at the table in the event Tennessee won that argument, said Eiseman.

The Connecticut Expansion has met with other challenges, including a battle over land-taking for the project.

A Berkshire Superior Court judge in May upheld the right of Tennessee to take an easement through the state forest using eminent domain. Judge John Agostini rejected arguments that Massachusetts conservation land may not be taken for natural gas pipelines without legislative approval.

A compensation package brokered by state officials will have Tennessee pay $640,000 for the easement, with $300,000 to buy new conservation land, $300,000 for mitigation at the state forest, and $40,000 for the fair-market value of the two-mile easement.

The new corridor would parallel an existing pipeline easement, but opponents say its impact would still be significant. Tennessee would draw a million gallons of water from the undeveloped Spectacle Pond to test its pipeline.

"So we would be destroying Massachusetts resources for lower prices for Connecticut utilities," Eiseman said. "If Connecticut wants the gas, they should absorb the impacts."

The Connecticut Expansion would serve three natural gas utilities in Connecticut.

Much of the state forest was preserved a decade ago. Mass Audubon provided bridge financing and tactical assistance to protect the land from development. The forest contains core habitat, old-growth trees, and the contested pond.

BEAT was represented in the case by Boston lawyer Richard Kanoff. The First Circuit panel included David H. Souter, the New Hampshire resident and retired U.S. Supreme Court Justice.

Mary Serreze can be reached at mserreze@gmail.com

1st Circuit Judgment: BEAT v TGP re Section 401 Clean Water Act jurisdiction on Scribd

Springfield arson suspect ordered to undergo mental health evaluation

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A court psychologist reported that Mardell Davis appeared erratic and seemed to be hearing voices in his head.

SPRINGFIELD - A man accused of setting five houses on fire in Springfield earlier this month  was ordered on Monday to undergo a mental health evaluation to determine if he is competent to stand trial.

Mardell Davis.jpgMardell Davis 

Judge Michael Mulcahey, upon a recommendation from defense lawyer Jennifer Rosenthal, ordered Mardell Davis to be transferred to the state psychiatric hospital in Bridgewater, where he is to be evaluated for competency and criminal responsibility. 

He is due back in court on April 7.

The decision was not opposed by the district attorney, and Davis was not present in the courtroom during the proceedings.

 Rosenthal requested a mental health evaluation after a court-appointed psychologist who briefly examined Davis after his arrest reported that he was hearing voices in his head, and filled with anxiety.

 Davis, 30, was arrested Friday night in the area of Maple Street following a brief foot chase by police during which he reportedly scaled a barbed wire fence, lacerating his hands.

 Davis was charged with five counts of arson of a dwelling in relation to five separate fires March 12 at 282 Union St., 286 Union St., 185 Hancock St., 125 Andrew St., and 292 Union St.

 In addition to the arson charges, Davis was charged with being a fugitive from justice. The state of Maryland issued a warrant for his arrest on attempted murder and sexual assault charges.

 The five fires, set over a span of a few hours in the early morning of March 12 caused several hundred thousands dollars in damage to property, left several families homeless and severely strained the Springfield Fire Department.

 Police indicated the arson spree may have been touched off by a domestic dispute with a woman at one of the Union Street fires. During a fight, he is accused of holding the woman's head underwater in a tub, police said.

 Police also found that Davis is wanted as a fugitive from justice in Maryland.

 He was identified as a suspect in the fires based on the work of city arson investigators and police detectives.

Police examined video surveillance footage from the surrounding area and interviewed several witnesses, according to police.

Harassment case against woman who admitted bullying Phoebe Prince continued until May

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Ashley Koske, one of the teenagers who admitted bullying South Hadley High School student Phoebe Prince before she took her own life, faces charges including threatening to commit murder.

BELCHERTOWN -- A new case of harassment against Ashley Koske, one of the teenagers who admitted bullying South Hadley High School student Phoebe Prince before she took her own life in January 2010, has been continued until May 23.

On Feb. 22, Koske -- previously Ashley Longe -- pleaded not guilty to threatening to commit murder, threatening to damage a motor vehicle and criminal harassment. She returned to Eastern Hampshire District on Monday for an appointment of an attorney.

A.J. O'Donald, of Holyoke, will represent the 23-year-old South Hadley resident.

According to the South Hadley police report filed Nov. 27, the alleged victim came into the South Hadley police station at 3 a.m. on Nov. 26 because she was concerned "over some electronic messages via text/Facebook from one Ashley Koske (Longe)," according to the report.

The woman told police the harassment was over a "friend-ex-boyfriend ... her and Ashely have in common."

The woman was too tired to provide a statement then, but returned the next morning, according to police. She completed a statement and provided copies of the messages Koske allegedly sent.

"There are numerous messages at various times that are harassing and inappropriate," the report states.

The alleged victim stated that Koske's family warned her that she should take Koske's threats "serious."

The woman said that "caused her some concerns about her safety," the police report states.

Koske is free on her own recognizance, but must remain away from the woman, according to court records.

In 2011, Koske, then 18, admitted to facts sufficient for a delinquency finding on a misdemeanor criminal harassment charge in connection with Prince's suicide. The case was continued without a finding until she turned 19 in April 2012.

Prince's mother praised her "courage" in a victim impact statement, saying she had shown "accountability and remorse."

Wilbraham considering possible ban on retail pot shops

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"This is something that the community has to decide for itself," Wilbraham Selectman Robert Russell said.

WILBRAHAM -- With a majority of town voters opposed to the state's new recreational marijuana law, which allows the federally proscribed drug to be sold commercially in Massachusetts, Wilbraham officials are considering a possible ballot initiative that would prevent retail pot shops from opening in town.

On March 7, the Town of Westborough became the state's first municipality to prohibit recreational marijuana businesses within its borders, after voters overwhelmingly approved a local ballot question. Now, Wilbraham and other towns are looking to possibly follow in the steps of Westborough, where roughly 80 percent of voters supported the measure to ban pot shops in town.

In November 2016, nearly 54 percent of commonwealth voters said "yes" to Question 4, a statewide ballot measure that legalized marijuana for recreational use, cultivation and retail sale. In Wilbraham, however, 56.6 percent of voters said "no" to recreational pot, leaving the town to enforce a new law that was opposed by a majority of Wilbraham voters.

That's why the Board of Selectmen has voiced support for a possible bylaw change and ballot question -- "a double-pronged approach," as Chairwoman Susan C. Bunnell put it -- to prohibit the establishment of retail pot facilities in town.

"If you do those two things, I believe because you've done it at the community level on two fronts, then you don't have to get into the conversation with anybody," Bunnell said at the board's Feb. 13 meeting. "You just get to say, 'We're not interested in playing,' and therefore be allowed the right to simply not have applications be approved."

If the town were to embrace one component of the new law, but not other components -- permitting cultivation operations, for example, while banning retail facilities -- "then you get into a much murkier situation," Bunnell said.

"This is something that the community has to decide for itself," Selectman Robert Russell said at the board's last meeting. "And whatever it takes for us to give them that opportunity, I think that's our responsibility, so I'll do whatever has to be done."

Town Administrator Nick Breault said Wilbraham should aim to have a plan in place before the end of March. The annual town meeting is scheduled for May 15, followed by the town election on May 20.

The Regulation and Taxation of Marijuana Act, commonly called the recreational pot law, took effect on Dec. 15. It allows for cities and towns to opt out of this new form of commerce, though state and local officials contend that the language about how to do so is unclear, according to the Massachusetts Municipal Association, which provides advocacy, training, research and other services to commonwealth communities

Municipalities across the state have been scrambling to prepare for implementation of the law, especially the commercial component. The law also allows people to possess and grow small amounts of the drug for personal use.

On Dec. 28, less than two weeks after the law took effect, the Legislature voted to postpone sales of recreational marijuana for six months, thus delaying the licensing of pot shops until July 1, 2018. The reason cited by lawmakers was that they needed more time to tinker with the law.

Many cities and towns followed suit, implementing their own moratoriums to give local officials time to make zoning and other changes to accommodate the recreational pot law, which includes a 6.25 percent sales tax, a 3.75 percent excise tax, and an optional 2 percent local tax.

A yet-to-be-appointed Cannabis Control Commission is required to promulgate the law's initial regulations by March 2018, with final regulations expected to be issued in June 2018. State Treasurer Deborah B. Goldberg is required to appoint members to the commission by September of this year.

"I've got a feeling there's going to be a number of towns that follow us," Westborough Town Manager Jim Malloy recently told CBSBoston.

"It'll be interesting to see how many communities do opt out before sales are legal to happen," he said.

The wording of Westborough's ballot question was as follows: "Shall the Town prohibit the operation of all types of marijuana establishments ... including marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other type of licensed marijuana-related businesses, within the Town of Westborough?"



Amherst police called to middle school after threatening note found

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Police were called to the Amherst Regional Middle School Friday afternoon after a threatening note was found in a bathroom at the school.

AMHERST -- Police were called to Amherst Regional Middle School on Friday afternoon after a threatening note was found in a bathroom at the school.

After a "thorough investigation, (police) determined the origin of the note and that there was no threat to student or staff safety," a statement from Amherst interim Superintendent Michael Morris read.

The details of the note were not provided. 

"Student discipline is a confidential matter; therefore, no further details will be shared.  This matter is considered closed," Morris wrote.

Police would not comment on the call.

Westfield reservoir full, should be back online this week or next week

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Westfield plans to have treatment filters in place at contaminated wells by the end of 2017.

WESTFIELD -- The city's Granville Reservoir is once again full of water and the municipal water system will start drawing from it in the next week or two, David Billips, director of public works, said Monday.

While the total ban on outdoor water use has been lifted, restrictions will remain in effect until further notice, Billips said.

A bad combination of hot, dry summer weather and chemical contamination at two of the city's six drinking-water wells put Westfield into a water shortage last summer.

Billips said contractors are bench testing a filtration system for Well 7 and Well 8 located behind East Mountain Country Club. They are determining what size filtration system is needed. 

He expects to have a system in place by the end of this year that will allow the city to use the water again.

The filtration systems will be similar to those the city already uses to remove agricultural chemicals, chemicals once spread on tobacco fields, from water at city wells on Shaker Road, Billips said.

Wells 7 and 8 are contaminated with Perfluorooctanoic acid (PFOA) and Perfluorooctane Sulfonate (PFOS). The chemicals are common industrial contaminants and were used, among other things, in firefighting foam used at airports, considered the likely culprit in Westfield's case.

Recent changes in federal regulations lowered the concentrations of PFOA and PFOS allowable in drinking water, forcing Westfield to take the wells offline. 

PFOA contamination has been an issue in municipal water supplies in the past year or so, most famously in the system of Hoosick Falls, New York, near Albany.

Westfield has $5 million in bond proceeds earmarked to install equipment. But Billips said lawsuits elsewhere around Massachusetts regarding PFOA and PFOS winding their way through the courts may yield money from chemical manufacturers for Westfield.

"I honestly believe that Westfield will have the money we spend on contamination reimbursed," he said. 

Winter snowfall helped fill the Granville Reservoir, which supplies half the city's water when the system is operating properly.

As of Monday, 7.87 inches of precipitation had fallen on the region since Jan. 1, according to the National Weather Service observations at Bradley international Airport in Windsor Locks. That's about a third of an inch less than  the average of 8.25 inches of rain and melted snow that is normal by this time each year.

Westfield residents are able to use water outdoors in the morning and evening six days a week on an alternating even-odd schedule as follows:

  • For odd-numbered houses: Tuesday, Thursday and Saturday before 9 a.m. and after 5 p.m.
  • For even-numbered houses: Wednesday, Friday and Sunday before 9 a.m. and after 5 p.m.
  • Mondays: No non-essential water use is allowed on Mondays.

Examples of "non-essential" water use controlled by the ban include:

  • Irrigation of lawns via sprinklers or automatic irrigation systems;
  • Washing of vehicles, except in a commercial car wash or as necessary for operator safety; and
  • Washing of exterior building surfaces, parking lots, driveways or sidewalks, except as necessary to apply surface treatments such as paint, preservatives, stucco, pavement or cement.

Examples of water uses NOT subject to restrictions:

  • For health and safety reasons;
  • By regulation;
  • For the production of food and fiber;
  • For the maintenance of livestock; or
  • To meet the core functions of a business (for example, irrigation by golf courses as necessary to maintain tees, greens, and limited fairway watering, or irrigation by plant nurseries as necessary to maintain stock).

'I hate the New England Patriots,' says FBI Director James Comey in comparison to Russia supporting Donald Trump

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FBI Director James Comey says that -- just like he roots for other teams to beat the Patriots -- Russia rooted for Donald Trump to beat Hillary Clinton for the presidency.

In a statement that's sure to produce a line of long, reasonable dialogue, FBI Director James Comey compared his hatred of the New England Patriots to what the intelligence community says may have occurred during the 2016 presidential election.

During a House Intelligence Committee hearing Monday, Comey faced questions about the bureau's investigations into links between Russia and Donald Trump's presidential campaign.

Why would there be any connection? Comey tried putting it into layman's terms with a peculiar choice for an analogy.

"To put it in a homely metaphor, I hate the New England Patriots, and no matter who they play, I'd like them to lose," Comey said.

Comey -- a New York Giants fan -- said that he actively roots for whatever team is playing against the Patriots on any given day. "The enemy of my enemy is my friend," so to speak.

Comey compared that hatred of the Patriots to Russia's hatred of Democratic presidential nominee Hillary Clinton during the election. The way Comey put it, Russia really wanted Clinton to lose the election and did what they could to A) help her opponent, and B) hurt her image regardless of the election results.

"What the intelligence community concluded was, early on, that the hatred for Mrs. Clinton was all the way along," Comey said. "When Mr. Trump became the nominee, there was some sense that, 'It would be great if he could win, it would be great if we could help him, but we need to hurt her no matter what.' And then it shifted to, 'He has no chance, so let's just focus on undermining her.'"

Here's video of Comey discussing his Patriots hatred:

Coincidentally, Patriots owner Robert Kraft spent some time with President Trump Sunday, joining him on Air Force 1 before joining him at the White House.

ACLU looks to state Legislature to 'protect' Massachusetts from 'excesses' of Trump administration

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Several bills that the ACLU is backing this session in the Massachusetts Legislature take direct aim at potential Trump policies.

BOSTON -- The American Civil Liberties Union has emerged as one of the strongest opponents of President Donald Trump, challenging his immigration ban in court, filling public records requests and planning a national expansion of its organization to counter Trump.

The ACLU of Massachusetts on Monday visited the Statehouse to lay out its agenda for using state laws to thwart federal policy.

oped aclu Rose.jpgCarol Rose, executive director of Massachusetts American Civil Liberties Union 

"The state Legislature has an incredible leadership role to play in making sure that the people of Massachusetts are protected from the worst excesses of the Trump administration's attacks on civil rights and civil liberties," said Carol Rose, executive director of the ACLU of Massachusetts.

Several bills that the ACLU is backing this session in the state Legislature take direct aim at potential Trump policies.

Trump has talked about implementing some kind of "Muslim registry," although it is not clear exactly what he intends to do. One ACLU-backed bill, sponsored by Sen. Harriette Chandler, D-Worcester, and Rep. Jay Kaufman, D-Lexington, would bar the state from participating in any registration system based on religion, national origin or other protected identity. It would prohibit government from collecting information about residents' speech, association or religion without reasonable suspicion that they are involved in a crime.

"The federal government can have a registry," Rose said. "State law enforcement doesn't need to participate with it. We don't have to cooperate."

Gavi Wolfe, legislative director for the ACLU of Massachusetts, added, "The Fundamental Freedoms Act is a way of saying here in Massachusetts we're going to stand up for our values of inclusiveness and not target people based on their identity."

The ACLU is also getting behind the Safe Communities Act, a bill sponsored by Sen. Jamie Eldridge, D-Acton, and Rep. Juana Matias, D-Lawrence. That bill would prevent state and local law enforcement from cooperating with federal immigration authorities, and would prohibit state databases from being used for any kind of Muslim registry.

"We can't stop federal (Immigration and Customs Enforcement) from coming in with dragnets, but they don't have enough jackboots on the ground to arrest and deport all the people they want to deport if they aren't able to mobilize state and local police to help them," Rose said.

Wolfe said although the ACLU has long worked on issues related to privacy and civil liberties, there is increased urgency under Trump. "This moment is unique, and there's both an incredible opportunity and an incredible responsibility to respond to the attacks on particular groups of people, the attacks on due process, the attacks on immigrants and on the right to free speech, because they are all under grave attack right now," Wolfe said.

The ACLU is also backing efforts to require Massachusetts insurers to cover birth control without copays, even if Congress repeals the Affordable Care Act.

"The state Legislature can build the world we want to live in and be a model for the rest of the country about what it means to be a free state," Rose said. "We can do that even if we can't affect everything happening in Washington now."

Expert testifies at murder trial bone disease didn't cause 5-month-old's fractures

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Raymond Collazo, 29, is charged with murder in the death of his 5-month-old son in Springfield in 2010.

SPRINGFIELD -- Jurors in the murder trial of Raymond Collazo on Monday heard their 11th day of testimony, with much of the trial consisting of complex medical testimony from doctors testifying as experts in various fields.

It is expected evidence in the trial before Hampden Superior Court Judge Mary-Lou Rup should be completed Tuesday.

Collazo, 29, is on trial for murder in the death of his son, 5-month-old Davian Collazo, in Springfield on Dec. 10, 2010.

Witnesses have been taken out of order due to scheduling issues, so neither the prosecution nor the defense has rested. On Monday, each side called a witness.

Assistant District Attorney Jane Mulqueen said in her opening argument March 3 that Davian died after being shaken and hit. The shaking caused traumatic brain injury, she said. Fractures in the child's extremities were the result of abuse, Mulqueen said.

Defense lawyer Jeffrey S. Brown told jurors in his opening statement that Davian died of undiagnosed medical conditions and that fractures in the baby's limbs were the result of a metabolic bone disease.

The baby's mother, Dayana Pagan, 31, is charged with murder but will be tried separately. She has testified for the prosecution in Collazo's case.

Mulqueen called Dr. Andrew Rosenberg, an anatomic pathologist, to the stand Monday to testify about slides and high resolution X-rays of Davian's bones he studied. Rosenberg, who is now director of bone and soft tissue pathology at the University of Miami's Miller School of Medicine, said Davian did not suffer from rickets, a bone disease.

He said Davian did not suffer from any metabolic bone diseases that could have accounted for the fractures.

A number of Davian's fractures were 10 to 17 days old at the time of the child's death, Rosenberg said.

Brown's cross-examination challenged both Rosenberg's credentials and his conclusions.

Brown called to the stand Dr. Steven Gabaeff, a clinical forensic doctor from California hired by the defense to study Davian's case.

Gabaeff said the cause of Davian's death was pneumonia.

He said he believes Davian's chest X-ray was positive for pneumonia when he was brought to the hospital.

Remains of Hampden soldier who went missing during the Korean War to be returned to Massachusetts

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The remains of Army medic Cpl. Jules Hauterman Jr., a Hampden soldier who went missing during the Korean War, will be brought back to Massachusetts for a March 31 burial in Holyoke.

The remains of Army medic Cpl. Jules Hauterman Jr., a Hampden soldier who went missing during the Korean War, will be brought back to Massachusetts for a March 31 burial in Holyoke.

In an announcement Tuesday, the Department of Defense POW/MIA Accounting Agency said the remains of the 19-year-old soldier were identified and will be returned to his family for burial with full military honors.

DPAA listed Hauterman's hometown as Hampden. Public records also list his hometown as Holyoke. 

DPAA said the burial is March 31 in Holyoke, but did not list a specific location or time.

According to DPAA, in late November 1950 Hauterman was a medic with the Medical Platoon, 1st Battalion, 32nd Infantry Regiment, 7th Infantry Division when his unit was attached to the 31st Regimental Combat Team as one of its infantry battalions for the mission.

The combat team moved to occupy the eastern side of the Chosin River and battled the 80th Division of the Chinese People's Volunteer Forces for three days and four nights. The combat team conducted a fighting withdraw and headed for safety at a Marine base in Hagaru-ri.

"The convoy was eventually destroyed by the CPVF, and while some escaped across the frozen reservoir, more than 1,300 were captured or killed," according to DPAA. "Following the battle, Hauterman could not be accounted for and he was reported missing in action as of Dec. 2, 1950."

The CPVF and North Korean People's Army periodically provided lists of prisoners of war, but Hauterman was never listed. Returning prisoners of war did not have any information on Hauterman, who was eventually declared dead by the Army.

DPAA said that on Sept. 15, 1954, a set of remains were recovered from the East Chosin Reservoir and sent for identification in Japan. No identification was made in 1955 and the remains were buried in the National Memorial Cemetery of the Pacific in Honolulu.

The remains were again examined in June 2016. The remains turned out to be that of Hauterman, according to DPAA. Dental and anthropological analysis, along with circumstantial evidence, helped officials identify the remains.

 

Conn. police investigate body of baby found in bag at reservoir

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A Bristol Water Department employee found the bag Tuesday morning and alerted police.



Reports out of Connecticut are that the body of a baby was found Tuesday morning in a bag in a municipal reservoir in Harwinton, just south of Torrington.


Several news outlets are reporting the bag was discovered found at around 10:30 a.m. at Bristol Reservoir Number 4 by an employee of the Briston Water Department. The reservoir provides water to nearby Bristol.


The employee contacted local police who notified the Connecticut State Police.


According to FOX 61, detectives from the Western District Major Crime unit were dispatched to the scene to conduct an investigation. The state medical examiner is scheduled to perform an autopsy to determine the cause of death.


The age, gender or other information about the baby was not disclosed, pending the autopsy, according to the Hartford Courant.


The Register-Citizen of Torrington reports the state police dive team has been dispatched to the scene to assist detectives in the collection of evidence.


The Bristol Water Department issued a statement to water customers in Bristol to assure them that their drinking water remains safe. The reservoir had been off line for a few days because of a drought, and there are no immediate plans to put it back in service.





Natick Police search for stabbing suspect along Route 9

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Police announced Brown Elementary School was on a "controlled release" as police search for a man dressed in all black in connection to a stabbing.

Natick Police are searching for a man dressed in all black suspected of stabbing a person behind a Michael's at 1390 Worcester Rd., on Route 9. 

In a series of messages on Twitter, the Natick Police Department shared security footage of a man wearing a black hat, black shirt and black pants. 

The description says the suspect has a long beard. Police also announced that Brown Elementary School was on a "controlled release" due to police activity in the area. Only children whose parents could pick them up would be dismissed. This is a developing story.

Chicopee police lieutenant under investigation for 'unacceptable' behavior during St. Patrick's Parade in Holyoke

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Lt. John Pronovost has been placed on administrative duties pending the outcome of the investigation.

CHICOPEE -- A Chicopee police lieutenant is under investigation after he allegedly acted inappropriately while in uniform and marching with a contingent of fellow officers during the Holyoke St. Patrick's Parade on Sunday.

John PronovostChicopee Police Lt. John Pronovost  

Lt. John Pronovost has been placed on administrative duties pending the outcome of the investigation, which is being conducted by the chief's office, Chicopee Police Chief William R. Jebb said.

About 45 members of the department were marching in the annual parade Sunday afternoon. The contingent was nearing the end of the 2.6 mile route when Pronovost started acting improperly, Jebb said.

"His behavior in the parade was unacceptable," he said.

At that time Pronovost was told to leave the formation and other officers also left the parade to tend to his needs. They eventually drove him to the Chicopee Police Department, Jebb said.

No one else was involved with the incident and no one was injured. Jebb said he did contact Holyoke Police as a courtesy but officers in the neighboring city did not get involved in the problem, Jebb said.

Jebb did not release specifics on what Pronovost said or did during the parade. Citing privacy issues, he declined to give any details of the investigation, which he said would take about a week.

"Regardless of the circumstances he will be held accountable for his actions," Jebb said.

Pronovost is the lieutenant in charge of training. He has run into a number of problems in the department over the past few years. In 2013 Capt. Mark Gilbert filed a complaint against Pronovost, saying the lieutenant pointed his service weapon at him during an argument at the station. The incident happened in 2007.

The disagreement started when Gilbert criticized Pronovost for setting up "ghost detectors" in the police station, claiming to communicate with the dead and being able to speak to the dead through crystal rocks.

Later Gilbert was accused of filing a false police report against Pronovost. In 2016 he was found not guilty of the charge in Holyoke District Court.

More recently Pronovost got into a very public battle with former Mayor Michael D. Bissonnette in a polling place at Edward J. Bellamy Middle School. Bissonnette, who was trying to recapture the mayoral seat he held for eight years and then lost to Richard J. Kos, entered the polling place during a preliminary election in the fall of 2015. Bissonnette was not on the ballot but was wearing a sticker promoting his campaign, which is not allowed in a polling place, and Pronovost confronted him about it.

A shouting match followed. Pronovost insulted Bissonnette's wife and Bissonnette called Pronovost "a crooked, dirty cop" during the argument, court records state.

Later Bissonnette was charged with assault and battery on a police officer, displaying campaign material within 150 feet of a polling place and two counts of disorderly conduct. The charges were dismissed in November after Bissonnette agreed to keep his distance from Pronovost and refrain from commenting about the lieutenant on social media for four months.

Photos: Hampden DA Anthony Gulluni takes Holyoke students on tour of Hall of Justice

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Hampden District Attorney Anthony Gulluni hosted the 8th grade students from Holyoke's Lt. Elmer J. McMahon Elementary School in downtown Springfield on Tuesday as part of the Adopt-a-Class Program.

SPRINGFIELD -- Hampden District Attorney Anthony Gulluni hosted the 8th grade students from Holyoke's Lt. Elmer J. McMahon Elementary School in downtown Springfield on Tuesday as part of the Adopt-a-Class Program. 

Every year, Gulluni's office adopts two classes at the beginning of the school year. The program includes the D.A.'s office donating school supplies, a return visit to provide a lesson in civics, and participation in a trial reenactment.

The program concludes later in the year with participating classes spending a half day touring the Hampden County Hall of Justice as an invited guest of the district attorney.

In addition to the tour, guest speakers provide insight on the different offices that make up the criminal justice system inside the court house, as well as, showcasing career opportunities. 

On Tuesday, Gulluni took the students to speak with Judge Charles Groce, who explained his role in the justice system. 

Gulluni, in his conversation with the students, explained that his office is responsible for 23 cities and towns, and is operated by a staff of 160 people. According to Gulluni, in 2016, Springfield District Court heard more than 11,000 cases, a number which he says was the highest in Massachusetts. 

Gulluni explained what it takes to keep the office running smoothly on a daily basis and he emphasized the importance of hard work and self confidence. 

"It was wonderful having the students from Holyoke's McMahon Elementary here today. Opening up the justice system to young people from across the county in an engaging and meaningful way is an important function of this office," Gulluni said after the tour. "Providing them with the knowledge to make good decisions, as well as providing potential career opportunities, is part of our fundamental mission of crime prevention."

Springfield man admits stabbing victim in face, neck and abdomen

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Angel Carmona, 34, of Springfield, was sent to state prison after pleading guilty in a stabbing at a party in 2015.

SPRINGFIELD -- Angel Carmona had worked for two years at a city Burger King, had a new child and appeared to be charting a new course in a difficult life, his lawyer said Tuesday.

But in the early morning hours of July 19, 2015, Carmona and another man fought at a house party on Wilbraham Avenue.

Hampden Assistant District Attorney Robert Schmidt said the victim thought he was engaged in a fistfight. Instead, Carmona took out a sharp object and caused a substantial laceration in the front of the other man's face and neck.

He also stabbed the man in the abdomen.

Carmona, 34, of Springfield, pleaded guilty Tuesday in Hampden Superior Court to assault and battery with a dangerous weapon causing serious bodily injury.

Judge Tina S. Page sentenced Carmona to five to 51/2 years in state prison. That was the recommendation from Schmidt and defense lawyer James J. Bregianes

After a sidebar conference between the lawyers and Page, she said she would recommend Carmona be allowed to serve the sentence in the Hampshire County Correctional Center, where he has been held awaiting trial.

Judges can make a recommendation to the state Department of Corrections, but the state does not have to follow the recommendation.

Carmona has 609 days credit on his sentence for time spent in jail awaiting trial.

Charges of mayhem and assault and battery with a dangerous weapon were dropped as part of the plea agreement.

Schmidt said the victim knew only the first name of the man who stabbed him but was able to lead police to Carmona through Carmona's workplace.

Sisters of Providence Health System president to leave after 15 months at helm

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Wolf took over for Daniel Moen in January 2016 after Moen was promoted to be the executive vice president and COO for Trinity Health - New England.

SPRINGFIELD -- Dr. Scott Wolf is out as president of Mercy Medical Center and the Sisters of Providence Health System, Trinity Health - New England announced Tuesday.

A successor has not been named. Trinity is the Catholic health care system that includes Mercy Medical Center and Providence Behavioral Health Hospital in Holyoke.

Spokeswoman Mary Orr sent the following statement:

"All of us at Trinity Health - New England are grateful for Dr. Wolf's leadership, and thank him for his many contributions in support of our mission.  We wish him well on his future endeavors.  As our regional health ministry continues to evolve we will develop an interim leadership plan and ensure the necessary focus on our mission and patient care at Mercy Medical Center and its affiliated services."

Orr said staff members were told Tuesday of Wolf's departure. It's effective March 31.

Wolf took over for Daniel P. Moen in January 2016 after Moen was promoted to be the executive vice president and COO for Trinity Health - New England.

Sisters of Providence Health System became part of Michigan-based Trinity Health in 2013.

Prior to his promotion, Wolf's total compensation was $536,658, according to a 2015 document on file with the Massachusetts attorney general's office.

Before succeeding Moen, Wolf joined Sisters of Providence in 2010. He served as senior vice president of medical affairs, chief medical officer and chief operating officer for Mercy Medical and the health system. He is board certified in internal medicine and is a fellow of the American College of Physicians. Wolf had a 10-year association with Hartford Hospital, serving in various capacities including director of clinical operations for ambulatory medicine, director of ambulatory medical education and associate program director of the Internal Medicine Residency Program.

Previously he was medical director for strategic initiatives at Pfizer Health Solutions and was a as senior medical director of the Northeast region for Aetna in Hartford, Connecticut, where he was responsible for Aetna's medical management initiatives.

Wolf is a graduate of Union College and New York College of Osteopathic Medicine. He completed his residency at the University of Connecticut. He has a master's degree in Public Health from UConn.

Moen had been CEO and president at Sisters of Providence since 2011.

Mercy Medical Center is a 182-bed acute care hospital in Springfield. Providence Behavioral Health Hospital in Holyoke is licensed for 126 beds. Sisters of Providence also has:

  • Weldon Rehabilitation Hospital on the campus of Mercy Medical Center
  • Brightside for Families and Children, an outpatient service offering counseling and family support programs
  • two outpatient substance abuse treatment centers
  • Mercy Continuing Care Network, which includes skilled nursing facilities, residential care facilities, an adult day health program, Mercy Homecare, Mercy Hospice and Mercy LIFE, a Program of all-inclusive care for the elderly.
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