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4 defendants on trial in case where nearly 500 grams of cocaine was delivered in baby wipes container

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Prosecutor said all four people in the apartment guilty of trafficking cocaine

SPRINGFIELD – A federal postal inspector donned a mail carrier’s garb on Nov. 14, 2009, and delivered a box to 75 McKnight St.

Among items in the box from Puerto Rico was a round container of Johnson’s Baby Wipes. In the container was nearly 500 grams of cocaine, according to prosecutors.

The cocaine trafficking trial of four people who were in the house that day will continue today before Hampden Superior Court Judge John A. Agostini.

Assistant District Attorney Neil Desroches told jurors they should convict all four of trafficking cocaine in the amount of over 200 grams, a crime with a minimum mandatory sentence of 15 years. He said they should be convicted as participants in a joint venture.

Defense lawyers each told jurors they would hear no clear evidence connecting their clients to the crime.

On trial are Angel Pagan, 35, Jose Cosme, 40, Jose Rodriguez, 30, and Maria Cosme, 34.

U.S. Postal Inspector Byron Dailey said the cocaine was discovered after a drug-sniffing dog identified a package officials deemed suspicious.

He said when he went to deliver the package, addressed to Jose Rodriguez at 75 McKnight St., it was accepted by Maria Cosme.

Desroches said police had a search warrant to enter the apartment if delivery of the package was accepted.

After Dailey left a task force of police waited 15 minutes and went in, ultimately discovering the package was opened and the baby wipes container with the cocaine inside was hidden in the basement.

John F. Kavanaugh Jr., lawyer for Maria Cosme, said the case is “really about who lived here” and “who’s responsible for this heinous crime.” He said his client was in the wrong place at the wrong time.

Jared Olanoff, lawyer for Rodriguez, said his client did not live at 75 McKnight St. and was an overnight guest the night before Nov. 14. He said Rodriguez, who was asleep when the package was delivered, had no idea what was going on and people used his name as “the straw man” to mail the package from Puerto Rico.

William J. Walsh, Pagan’s lawyer, and Edward C. Bryant Jr., Jose Cosme’s lawyer, said there is no evidence their clients are linked to the crime of having or trying to distribute the drugs.


Michael Jacques arson trial witness describes rowdy, racist behavior on night Springfield church was torched

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Jacques, who testified in a pre-trial hearing, is expected to take the stand in his own defense.

mfjacques2009.jpgMichael F. Jacques

SPRINGFIELD – Another day, another Mazza.

After hearing a week’s worth of testimony from state trooper Michael S. Mazza, jurors in the Macedonia Church of God in Christ arson trial met another Mazza Wednesday - this one a self-described ex- stoner, with symbols etched in his hair and tattoos rippling from his elbows to his wrists.

Testifying as a prosecution witness, Anthony R. Mazza described the rowdy, and sometimes racist, behavior of defendant Michael F. Jacques, the Springfield man charged with burning down the Tinkham Road church on Nov. 5, 2008 to protest Barack Obama’s election.

A former auto-body shop employee, Jacques is standing trial in U.S. District Court on civil rights and church arson charges, and faces at least 10 years in prison if convicted. Two others - Benjamin J. Haskell, 26, , and Thomas Gleason, 25, have pled guilty.

During his testimony Wednesday, Mazza said he met the defendant while hanging around with Haskell’s sister, Taylor. He recalled that Jacques, as a close friend of Benjamin Haskell, was at the house “24-7,” and made no secret of his disdain for blacks.

Besides routinely using racial slurs, Jacques trained Haskell’s rottweiller Sasha to attack at the phrase ‘get the (racial slur)’, according to Mazza, who said Jacques sicced the dog on one of Mazza’s friends one day.

“We just all laughed it off as a joke,” Mazza said, adding he was troubled by the incident.

Haskell also triggered a melee at the Big E by using a racial slur after accidentally stepping on a black customer’s sneaker, Mazza said. “There was a huge brawl in the parking lot - there were 15, 20 people; everyone got handcuffed,” he said.

Later, Haskell and Jacques, who threw punches in the fight, both bragged about it, he said.

Mazza acknowledged holding a grudge against Jacques, who he blamed for vandalizing his car several years ago. “I heard Ben and Mikey were bragging about it later,” he said.

On cross examination from defense lawyer Lori H. Levinson, Mazza acknowledged that both men often exaggerated or lied about their exploits to appear, in Levinson’s words, “really tough and cool.”

Mazza admitted that he sometimes smoked marijuana and drank alcohol with Jacques and Haskell, but said his memory of was not clouded by the intoxicants.

When Levinson asked if he still smoked marijuana, Mazza said he quit two years ago.

When she presented the witness with an online posting suggesting that he often smoked marijuana at his old job, Mazza corrected her. “I always did it (smoke marijuana) before work.”

Levinson also took exception to the claim that Jacques was always around Haskell’s house, noting that her client worked mornings as a personal care attendant for his father.

To clarify, Mazza said his use of the phrase “24-7” referred only to the hours after Mazza woke up, which was usually around 2 p.m.

After several more spirited exchanges with Levinson, Mazza left the witness stand – making his testimony was roughly 16 hours shorter than trooper Michael Mazza, who spent five days answering questions about the confessions he and FBI agent Ian Smythe extracted from Jacques and the other defendants.

Jacques, who confessed after a 6½-hour session, later recanted, claiming he was pressured and was suffering withdrawal symptoms from the painkiller Percocet.

Two other prosecution witnesses – David Milne, deputy U.S. marshall, and Meredith Passa, an intake nurse at the Hampden County House of Correction - testified that they saw no signs of drug withdrawal in the hours after Jacques was taken into custody.

With the trial in its third week, the prosecution plans to rest Thursday; Jacques, who testified a pre-trial hearing, is expected to testify in his defense in the next few days.

Public comment period on Springfield biomass project extended

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Speakers at Tuesday's three-hour hearing were limited to three minutes each and some left before they were called upon to offer their comments.

040511 springfield biomass protest.jpgProtesters for and against a proposed biomass plant in Springfield stand in front of Duggan Middle School before the state public hearing on the project on Tuesday night.

SPRINGFIELD – The state Department of Environmental Protection has extended a public comment period on a proposed wood-burning plant in East Springfield after hearing a deluge of comments from supporters and opponents on Tuesday night.

The comment period, initially scheduled to end Saturday, is now extended until April 29 on the biomass project, before the state considers plan approval, said Catherine V. Skiba, a regional spokeswoman for the state agency.

An estimated 500 people attended a hearing which lasted approximately three hours at Duggan Middle School on Wilbraham Road. More than 70 people signed up to speak at two microphones stationed in the auditorium, one earmarked for proponents and the other for proponents.

However, due to the number of speakers, time was limited to three minutes for each person, a factor in the decision to extend the public comment period for anyone, Skiba said.

In addition, some people had already left the hearing when called to speak.

Michaelann C. Bewsee, a representative of Stop Toxic Incineration in Springfield, which opposes the plant, praised the extension.

“We are glad to have the extra time for commenting,” Bewsee said. “It was certainly hard to get all of our points across especially with all the booing. I think DEP wants to show they have been totally fair before they give them the air permit.”

The state has made no decision on approval pending review of all relevant comments, verbal and written, Skiba said.

The developer, Palmer Renewable Energy, is proposing a 35-megawatt plant at 1000 Page Blvd., that will burn green wood pellets.

Frank P. Fitzgerald, a lawyer for Palmer Renewable Energy, was not surprised by the extension.

“I think it’s kind of typical for DEP to do that,” Fitzgerald said. “We don’t believe it will slow down our progress.”

Both supporters and opponents held demonstrations in front of the school on Wilbraham Road just prior to Tuesday’s hearing, many holding signs and handing out literature.

Many supporters of the project have said it will be a clean, safe plant, and will create jobs.

Many opponents said the plant will add to air pollution and harm public health.

Skiba said she had no estimate on the number of comments thus far received by the state.

Palmer land owner announces plans for hotel and restaurant next to Massachusetts Turnpike Exit 8

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The Northeast Group has plans to build a hotel on the triangle of land bordered by Thorndike and Shearer streets and the Exit 8 toll plaza.

sct casino 3.jpgLeon H. Dragone


PALMER
– The Northeast Group, which is leasing land on the east side of Thorndike Street to developers of a proposed casino resort, announced plans Wednesday for a hotel and restaurant on the west side of Thorndike Street, just north of the Massachusetts Turnpike exit.

Spokesman James St. Amand said Northeast manager Leon H. Dragone plans to exercise options to buy the hotel site, obtain town permits for the project and sell it to developers who would build the hotel for one of the national chains.

St. Amand said this project would move ahead regardless of whether a casino is built across the street, and if the casino is built the hotel would probably be enlarged..

The Northeast Group is proposing a 100-room room hotel, a sit-down restaurant, gas station and drive-through coffee shop on a 15-acre triangle of land it has options to buy,” St. Amand said.

The land has a few houses being lived in now and is bordered by the Turnpike property and Thorndike and Shearer streets.

St. Amand said attorney Joseph White will represent Northeast before the Planning Board, seeking site plan approval for the project.

Most of the land is zoned highway business, St. Amand said, but a zone change from residential to business would be needed for a portion of it that fronts onto Shearer Street.

Across Thorndike Street from this project site and the Turnpike exit, Northeast owns 152 acres that is being leased to Mohegan Sun, which has plans to build a casino resort with its own hotel, if casino gambling is legalized in Massachusetts and the tribal organization can obtain a license and financing.

Gov. Deval L. Patrick and the state Legislature worked on legislation last year to legalize up to three casinos in Massachusetts, but the process fell apart, mostly over a dispute between Patrick and House Speaker Robert A. DeLeo over details of whether to also legalize slot machines.

St. Amand said financing for the hotel and restaurant development in the Thorndike-Shearer street triangle would come from investment partners whose names would be made public when a site plan is approved for the project.

Chicopee apartment-building fire reveals broken fire alarms, says fire department official

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The stairwell fire caused little damage but it did reveal a bigger problem: the building's fire alarm was not working.

04/06/11-Chicopee-Staff Photo by Dave Roback- Chicopee Fire Department at the scene of an apartment fire at the corner of Chestnut and Exchange Streets in Chicopee at around 6:15 pm on Wednesday.

CHICOPEE - A fire in a first-floor stairwell emptied out 12-unit apartment building at 6 Chestnut Street Wednesday evening but caused little serious damage to the building, Deputy Fire Chief James McInerney said.

The fire, reported by 911 calls at about 6:15 p.m., was confined to the stairwell and was knocked down pretty quickly, he said.

The building sustained some fire and water damage. The upper floors were also filled with smoke, he said.

“There was quite a bit of smoke,” he said.

The cause of the fire is under investigation.

Firefighters also learned that the building did not have a working fire alarm system, McInerney said.

There were no injuries, and all residents got outside before the firefighters arrived, he said.

“We were told by tenants the alarms were not working,” he said.

The fire department placed the building under a fire watch, in which a firefighter is stationed at the property, until the alarm is fixed, he said.

The property manager was scheduled to send repair people to the scene Wednesday night to find the problem with the alarm, he said.

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Easthampton City Council considers resolution to support Massachusetts income tax hike

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Member-at-large Andrea Burns proposed the resolution to support a bill that would raise the rate from 5.3% to 5.95%.

EASTHAMPTON – The City Council is considering a resolution to support a bill in the state legislature that would raise income taxes in certain brackets.

City council member-at-large Andrea Burns proposed the resolution Wednesday.

The bill, entitled “An Act to Invest in Our Communities,” would raise the state income tax rate from 5.3 percent to 5.95 percent, the rate before it was decreased in 1999. It includes a higher personal exemption for middle- and lower-class families.

According to documents provided by the office of the bill’s author, Rep. James J. O’Day, D-West Boylston, “Lower income people, on average, currently pay between 9.7 and 9.4 percent of their income in combined state and local taxes. By contrast, people in the top 1 percent of the income distribution, on average, currently pay 6.0 percent of their income toward these taxes.”

Income Tax Bill.jpgView full size

The documents also show what would be a decrease in the tax rate of .3 percent to .4 percent for those making $39,000 or less annually and no change in the tax rate, 9.4 percent, for those earning $62,600 to $103,800 annually.

The bill also raises capital gains taxes in some situations and raises the exemptions for lower tax brackets and small businesses, Burns said.

“We don’t have enough revenue to maintain basic services and maintain employees,” said Burns. “While we’ve asked our workers to go down to four days a week and thought about cutting teachers, asking our employees to share more of the cost for their benefits, what we haven’t asked is for the wealthier amongst us to pay more in tax.”

Burns said the current tax code is “currently very inequitable” and, while this bill is not the only solution to the city’s dwindling budget, “I think it’s a very smart way to approach some of our revenue problems and some of the inequities that exist in the system.”

Councilor Daniel C. Hagan said he will offer his input, but is likely to abstain from the vote on the resolution.

“In my short tenure on the council, it has been my practice to abstain from votes on any issue that is front of voters, other legislative bodies, either state or federal,” said Hagan. “I think it’s their purview.”

Councilor Donald L. Cykowski said the council has to be careful when considering a vote. He said he believed voters in Massachusetts have spoken in the past about their desire to keep income tax rates low.

“I’ll most likely vote no,” said Cykowski.

“Increases in revenue for cities and towns is very necessary,” said Mayor Michael A. Tautznik. “We’re all facing difficult budgets because of reductions in state aid.”

“If a fair method of taxation can be devised that doesn’t hurt the people on the lower income scales, then I think it certainly deserves” consideration, said Tautznik.

The council may vote on the resolution at its next meeting, which will be held April 20 at 6 p.m. at White Brook Middle School.

An Act to Invest in Our Communities 2011

Congressional leaders hold shutdown meeting at White House as time dwindles

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President Obama blamed business as usual in the nation's capital politics for the deadlock.

040611 republicans.jpgHouse Speaker John Boehner of Ohio, center, flanked by House Majority Leader Eric Cantor of Va., left, and Rep. Cathy McMorris Rodgers, R-Wash., talks to reporters on Capitol Hill in Washington, Wednesday, April 6, 2011, after meeting to work on a budget deal and avoid a government shutdown. (AP Photo/J. Scott Applewhite)

By DAVID ESPO
AP Special Correspondent

WASHINGTON — Time growing short, Congress' leaders reported making headway Wednesday in talks to cut spending and avert a partial government shutdown that the White House warned would hit U.S. combat troops abroad and taxpayer refunds from the IRS at home.

President Barack Obama checked in separately by phone with House Speaker John Boehner, R-Ohio, and Senate Majority Leader Harry Reid, D-Nev., then held a late-night meeting with the two men and Vice President Joe Biden at the White House.

White House spokesman Jay Carney said Obama decided to call the session after concluding not enough progress had been made during the day, and the president blamed business as usual in the nation's capital politics for the deadlock that threatened disruptions beginning Friday at midnight.

"I do not want to see Washington politics stand in the way of America's progress," he said in Fairless Hills, Pa.

Democratic officials suggested their side had agreed to consider additional cuts in the previous 24 hours. But any movement took place in secret, while the maneuvering was on public display.

Determined to avoid political blame if a shutdown occurs, Boehner said the House would vote Thursday on a one-week stopgap bill to keep the government open while cutting $12 billion in spending and providing the Pentagon with enough money to stay open until the Sept. 30 end of the budget year.

"I think this is the responsible thing to do for the U.S. Congress, and I would hope the Senate can pass it and the president can sign it into law," he said.

He also criticized Obama, though saying he likes the commander in chief personally. "The president isn't leading," Boehner said. "He didn't lead on last year's budget, and he's not leading on this year's budget."

A few hours later, Reid said Democrats kept offering concessions, and Republicans rejected them.

"We meet them halfway, they say no. We meet them more than halfway, they still say no. We meet them all the way, they still say no. If Republicans were really worried about keeping the government running, all they would have to do is say yes."

Obama has already ruled out the week-long measure Republicans intend to push through the House, and Senate Democrats have labeled it a non-starter. Republican officials said the details of the bill could yet change. But passage of any interim measure is designed to place the onus on the Democratic-controlled Senate to act if a shutdown is to be avoided.

The White House used its unmatched megaphone to emphasize the stakes involved in the negotiations, arranging a briefing for the presidential press corps on the ramifications of a partial government shutdown.

The officials who spoke did so on condition of anonymity, under rules set by White House aides eager to apply pressure to congressional negotiators.

The officials said that military personnel at home and abroad would receive one week's pay instead of two in their next checks. Among those affected would be troops in Iraq, Afghanistan and the region around Libya.

Tax audits would be suspended — welcome news to some, no doubt — but there were unhappy tidings for others. Income tax returns filed on paper would pile up at the IRS, and refunds would be delayed as a result.

“We meet them halfway, they say no. We meet them more than halfway, they still say no. We meet them all the way, they still say no. If Republicans were really worried about keeping the government running, all they would have to do is say yes.”
- Sen. Harry Reid, D-Nevada

National parks would close, as would the Smithsonian Institution and its world-class collection of museums clustered along the National Mall within sight of the Capitol. Officials were less clear about the Cherry Blossom Festival, scheduled for this weekend in Washington.

NASA spokesman Bob Jacobs said he was unable to predict what the impact would be on preparations for the shuttle Endeavour's flight on April 29, or Atlantis' trip into space on June 28.

As for the broader talks, it appeared progress had been made both on spending cuts demanded by Republicans and on a series of unrelated provisions they attached to legislation that was approved almost six weeks ago.

A House-passed measure called for $61 billion in cuts, and until recently, the two sides had been working on a framework for $33 billion. Boehner pronounced that insufficient on Tuesday, and floated a $40 billion figure instead.

Democrats disputed any suggestion that they had acceded to that, but some, speaking privately, conceded they were willing to go higher than $33 billion, based on the make-up of the cuts included.

"I think we've made some progress. But we're not finished, not by a long shot," Boehner told reporters after a closed-door meeting with the Republican rank and file, the second of the week he has called as he maneuvers his way through the first significant test for a rambunctious new majority determined to cut spending.

Reid offered no details in an early morning speech that jabbed Boehner.

Sen. Dick Durbin of Illinois, second-ranking in the Democratic leadership structure, hinted at movement in the talks. "There's been a direct negotiation — things put on the table that had not been discussed before — and I think we're moving" toward' agreement.

Apart from the spending cuts, Republicans are demanding Democrats and the White House accept at least some of the conservative policy provisions included in the earlier legislation.

Democrats have already ruled out agreeing to stop funding the year-old health care overhaul or to deny Planned Parenthood all federal money. And Reid has said he will not agree to any of the curbs Republicans want to place on the Environmental Protection Agency.

While the political wheels turned, hundreds of demonstrators rallied outside the Capitol calling for budget cuts and a shutdown if necessary to get them.

Shut the sucker down," one yelled, and the crowd repeatedly chanted, "Shut it down."

West Springfield residents object to proposed subdivision off Piper Road

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West Springfield residents raised issues about storm water runoff and water pressure regarding a subdivision proposed for off Piper Road.


WEST SPRINGFIELD – Residents objected Wednesday during a Planning Board public hearing to a subdivision proposed for land off Piper Road on the grounds that it will direct runoff onto their property and worsen water pressure problems in the area.

Developer Francis Wheeler Construction Co. needs subdivision approval from the Planning Board to create a 13-lot subdivision on land off 1533 Piper Road.

Plans call for a detention basis near Piper Road to collect storm water runoff from the site that will discharge into a wetland along the western edge of the proposed development.

William J. Rogalski of 71 Apricot Hill Lane, whose home abuts the western edge of the proposed development, expressed concern that water from the project will flow onto this property. He said he already has a natural detention basin in his yard that cannot hold any more water.

Rogalski also objected to the fact that the developer’s plans call for having the owner of lot number 20 to maintain the detention basin.

“I am at the mercy of Mr. and Mrs. Lot Number 20.....That doesn’t give me a nice, warm fuzzy feeling,” Rogalski said.

David F. Banas of 78 Kerry Lane said there are currently problems in the area getting enough water pressure to take a shower and problems will only grow worse if more homes are built, drawing down more water.

“Water pressure is a huge, huge issue,” Banas said.

Stephen J. Buoniconti, attorney for Wheeler, complained that officials have raised the issue of water pressure with regard to proposed fire hydrants only in the last month, after his client has already invested considerable money. The Planning Board gave preliminary approval to the plan in November.

“The town has raised something at the eleventh hour that puts you in a very uncomfortable situation,” Buoniconti said.

Planning Administrator Richard A. Werbiskis suggested that the board continue the public hearing, which went for more than two hours. He said aside from water pressure there are a number of other issues outstanding.

Planning Board member Kate Harrington made a motion to continue the hearing to the board’s next meeting, which will take place at 7 p.m. on May 4. The board unanimously approved the measure.




Backyard composting subject of West Springfield Library forum

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There will be a forum on backyard composting Thursday at the West Springfield Public Library as part of Earth Day-related events.



WEST SPRINGFIELD – A forum on backyard composting with David Lovler will take place Thursday at 7 p.m. in the West Springfield Public Library.

It is the first in a series of four Earth Day forums at the library.

Melvin Jones III still behind bars on other charges after Hampden DA Mark Mastroianni drops drug prosecution

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The drug and resisting arrest case against Jones is over, but he still faces charges in 2 cases leveled against him by city police this year.

040411 melvin jones iii.jpgMelvin Jones III, shown at his arraignment in Springfield District Court on Monday on charges related to a domestic disturbance last weekend, will not go to trial on drug charges stemming from a 2009 Springfield arrest that sparked a controversial police brutality case.

This story updates a developing story originally posted Wednesday at 1:13 p.m.


SPRINGFIELD - Hampden District Attorney Mark G. Mastroianni on Wednesday ended the prosecution of Melvin Jones III on the 2009 drug and resisting arrest charges which landed him in the middle of an alleged police brutality case.

Jones, 29, of 16 Atwater Place, is still behind bars, however, facing charges in two cases leveled against him by city police since January. One charges him with shoplifting, and the other came in connection with a domestic disturbance last weekend.

The district attorney used an email press release to announce that he dropped the case in Hampden Superior Court in which Jones faced charges from a now controversial traffic stop on Nov. 27, 2009.

“These charges relate to an incident which also gave rise to one of the arresting officers being charged criminally for his alleged conduct during the arrest,” Mastroianni wrote.

“It is my opinion the available evidence does not allow for consistent and credible prosecutions of both defendants related to this incident. It is my conclusion, considering all available evidence, that the interests of justice are best served by the termination of Mr. Jones’ prosecution prior to trial.”

010511 mark mastroianni mug.jpgMark Mastroianni

The district attorney’s move was applauded by Jones’ lawyer, Jared Olanoff. It was Olanoff who sought a brutality complaint against former officer Jeffrey M. Asher in District Court in the fall after Mastroianni’s predecessor, William M. Bennett, had not taken action.

“We appreciate Mark Mastroianni taking the time to look at all the evidence in this case and coming to what we all agree is a just resolution,” Olanoff said. “I haven’t had a chance to speak to Melvin, but I’m sure he’ll be very relieved to hear this. And, I think this is the district attorney’s way of recognizing that Melvin suffered severe injury that night and that he was in fact a victim that night.”

Police Commissioner William J. Fitchet, meanwhile, said he was “sure it was not an easy decision to make” by the district attorney and issued a statement in which he said he remains proud of the work being done daily by his department.

“It is also not easy for our police officers to get drug dealers and gang members off the streets, keeping our city safe,” Fitchet said. “I am proud of the work they do every single day.”

Jones’ arrest on Rifle Street was caught on amateur videotape, a film which was made public in January 2010 by Masslive.com and The Republican; the case sparked debate in the city over whether there should be civilian oversight of the Police Department.

The Rev. Talbert Swan II, of Spring of Hope Church of God in Christ, who was among a group of black clergy who had called for swift action in the Jones case to restore confidence in the Police Department, said he, too, is pleased with Mastroianni’s decision.

“The district attorney came into office with a commitment to look at that case again, and he obviously has looked at all the merits of the case and come to a conclusion,” Swan said. “I believe his actions may give the community some hope law enforcement is going to begin to look at police misconduct with a keener eye, which I think is a good thing.”

The video of Jones’ arrest showed Asher using what appeared to be his police-issued flashlight to strike Jones repeatedly over the head; police reports said Jones was arrested as he attempted to flee and grabbed an officer’s gun.

In announcing his decision to drop the charges against Jones, Mastroianni said he “applied the appropriate ethical and legal standards in reaching my decision.” The action will not affect the cases still pending against Jones in District Court, he said, declining further comment.

Jones had his bail revoked on Monday, after a weekend arrest for domestic assault and battery. He had been free pending his prosecution on a January case involving allegations of shoplifting from a JC Penney store on Boston Road.

Asher’s case is wending its way through the court system; the now-retired officer has denied charges of assault and battery by means of a dangerous weapon and assault and battery. Mastroianni announced last week that he’s committed to prosecuting the police brutality allegations.

Asher, 39, of East Longmeadow, was the only officer to be charged criminally in connection with the arrest of Jones. Three other officers involved were suspended for a time and required to undergo retraining following recommendations by a civilian review panel to Fitchet.

Asher in September submitted his retirement papers with the state, citing disability due to stress. A day after he secured the disability pension, Fitchet fired him. Because of the timing, his pension remains intact.

Hampden District Atty. Mark Mastroianni's statement on the prosecution of Melvin Jones III

Succession speculation as North Korea parliament meets

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North Korean legislators gathered in Pyongyang on Thursday amid speculation that leader Kim Jong Il may appoint his son to a post that would make him the nation's second most powerful man.

Kim Jong Il.jpgIn this photo taken Friday, Oct. 8, 2010, an unidentified former North Korean defector holds up a placard showing photos of North Korean leader Kim Jong Il, center, his late father Kim Il Sung, left, and his youngest son Kim Jong Un, during a rally against the North's succession in Seoul, South Korea. North Korean legislators are said to be held in Pyongyang on Thursday, April 7, 2011, amid speculation that leader Kim Jong Il will formally appoint his son to a post that would make him the nation's second most powerful man. The letters on a banner read "We denounce the family's succession through three generations."

By HYUNG-JIN KIM, Associated Press

SEOUL, South Korea (AP) — North Korean legislators gathered in Pyongyang on Thursday amid speculation that leader Kim Jong Il may appoint his son to a post that would make him the nation's second most powerful man.

As the Supreme People's Assembly convenes a spring session, attention is focused on whether Kim Jong Un will be elected to the National Defense Commission — a move that would further solidify the young man's standing as North Korea's next leader.

Delegates from around the country began arriving earlier in the week for the session, laying bouquets Wednesday at a statue of Kim Jong Il's mother, Kim Jong Suk, according to North Korea's official Korean Central News Agency.

The parliamentary meeting is North Korea's first major national meeting since Kim Jong Un made his political debut in September by taking on a key leadership post in the ruling Workers' Party. Since then, he has appeared regularly at Kim Jong Il's side, his father's clear choice as heir apparent.

Election Thursday to the National Defense Commission would be the next step in the path to formally naming him as successor, a process that many believe will be completed next year.

April 2012 is the centenary of the birth of late President Kim Il Sung, a former guerrilla fighter who founded North Korea and passed the mantle of leadership to his son, Kim Jong Il. Pyongyang has promoted 2012 as a significant milestone in the country's history.

However, some people question whether Kim Jong Un will ascend to a major National Defense Commission post only six months after being made a four-star general and assuming senior Workers' Party posts while Kim Jong Il appears to remain in control.

"For Kim Jong Il, handing over a considerable amount of power to his son could mean a weakening of his own power base," said Kim Yong-hyun, a professor of North Korean studies at Seoul's Dongguk University.

Kim Jong Il, 69, rules the nation of 24 million as the chairman of the National Defense Commission, but the commission's No. 2 post, first vice chairman, has been vacant since longtime confidant Jo Myong Rok died in November. Jo, a vice marshal of the Korean People's Army and top party official, held the post for some 12 years.

The National Defense Commission is authorized to formulate key state and military policies, and being named first vice chairman of the NDC would allow Kim Jong Un to start making his own inspection trips to army units, factories and farms.

"There is a high possibility that Kim Jong Un would become the commission's first vice chairman and assume the No. 2 spot in the government as well as in the Workers' Party," said Cheong Seong-chang, a senior fellow at the private Sejong Institute in South Korea who has watched the succession issue closely for years.

The transfer of power under way in North Korea is reminiscent of Kim Jong Il's own rise to power. He assumed top posts — including the chairmanship of the NDC at a parliamentary session 18 years ago — one by one in the years before his father's death due to heart failure.

In addition to winning the defense commission post, Kim Jong Un will likely be appointed supreme commander of the North's 1.2 million-member army and to two other Workers' Party jobs: organizational secretary and member of the political bureau's Presidium, said Ha Tae-keung of Open Radio for North Korea, a Seoul-based station specializing in North Korean affairs.

"At that point, the succession movement will pretty much be done," he said.

North Korea's parliament typically meets once a year to rubber stamp bills vetted by the Workers' Party. Its infrequent sessions are closely watched for clues to changes in the country's power structure.

Kim Jong Il used a 2009 legislative meeting to make a triumphant return to the public eye after months out of sight following rumors he had suffered a stroke. Last year, he reshuffled top officials.

Legislators may also approve measures aimed at drawing foreign investment and revitalizing North Korea's economy, analysts said.

In the months ahead, North Korea will also likely focus on winning economic assistance and improving ties with South Korea and the United States to help ensure a smooth power transfer, Prof. Kim said.

"More tension would be a burden for North Korea," he said. "It will opt for dialogue rather than confrontation, and initiate flexibility."

The World Food Program said last month that more than 6 million North Koreans need outside food aid due to hardships including heavy flooding and a harsh winter.

Tensions over its nuclear program and military saber-rattling have also cut into supply routes.

South Korea says North Korea must take responsibility for two incidents last year that killed 50 South Koreans — the deadly sinking of a warship and an artillery bombardment of an island in disputed front-line waters — before Seoul can resume supplying aid.

North Korea denies sinking the South Korean warship and has said Seoul prompted the artillery attack by firing toward the North first.

Gen. Walter Sharp, chief of the 28,500 U.S. troops stationed in South Korea, said he worries that the leadership succession could prompt North Korea to launch more attacks on the South over the next few years.

He told legislators Wednesday in Washington that U.S. and South Korean forces are prepared to respond militarily.

___

Associated Press writer Matthew Pennington in Washington contributed to this report.

Poll: Mass. voters say state health care law not working, Brown deserves a full term in Senate

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A poll concluded that 49 percent of Massachusetts voters believe the state's landmark health care law isn't working. 55 percent said Sen. Scott Brown has earned a full term after being elected in last year's special election.

Mitt Romney.jpgin this April 12, 2006 file photo, Massachusetts Gov. Mitt Romney, seated, smiles with clockwise from top Mass. Health and Human Services Secretary Timothy Murphy; Mass. Senate President Robert Travaglini; Sen. Edward Kennedy, D-Mass.; and Mass. House Speaker Salvatore DiMasi at Faneuil Hall in Boston. Romney signed into law a bill designed to guarantee virtually all state residents have health insurance. Top Democrats have praised former Romney for signing the sweeping health care law that laid the groundwork for President Obama's own national health care overhaul.

BOSTON (AP) — Nearly half of Massachusetts voters are saying the state's landmark health care law isn't working.

That's according to a new poll by Suffolk University and WHDH-TV which found 49 percent of respondents said they didn't feel the 2006 law was helping. Thirty-eight percent said it was working.

Thirteen percent were undecided.

Asked if former Gov. Mitt Romney's decision to sign the law in 2006 could help or hurt his presidential hopes, 54 percent said it would hurt while 22 percent felt it would help and another 22 percent were undecided.

Suffolk University Political Research Center Director David Paleologos said the issue could weigh down Romney.

U.S. Sen. Scott Brown remains popular as he prepares for next year's campaign with more than half of Massachusetts voters saying he deserves reelection.

The Suffolk University and WHDH-TV poll found 55 percent of respondents said the Republican has earned a full term after winning last year's special election.

Voters said they agreed Brown has kept his promise to be an independent voice.

Last days of the Massachusetts Senate raceAccording to the poll conducted by Suffolk University and WHDH-TV, 55 percent of Mass. voters said Sen. Scott Brown has earned a full term in the Senate.

Suffolk University Political Research Center Director David Paleologos said the poll shows Brown will be tough to beat.

The one potential Democratic challenger who came close to knocking off Brown in the poll was former U.S. Rep. Joseph Kennedy who says he's not running.

The survey of 500 likely Massachusetts voters was conducted from April 3-5 and has a margin of error of plus or minus four percentage points.

Hampden selectmen will not seek funding for voting machines this year

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The Board of Selectmen would be open to purchasing voting machines if federal grants become available for their purchase, Flynn said.

johndflynn.JPGJohn D. Flynn

HAMPDEN – The Board of Selectmen has voted unanimously not to seek funding from Town Meeting to purchase voting machines this year.

Selectmen Chairman John D. Flynn said that in making the decision, the selectmen approved a recommendation from a study committee that it not seek funding from Town Meeting to purchase voting machines this year.

Flynn said a study committee which Registrar Arthur Booth sat on recommended against seeking funds to purchase voting machines.

Booth said he did not believe the town would have excess funds to purchase a voting machine in the fiscal 2012 budget.

Voting machines cost between $10,000 and $12,000. The town has one voting precinct and would need one or two machines.

Following the state primary last September, Selectman Vincent Villamaino complained that he waited until nearly midnight for voting results before giving up.

At a selectman’s meeting last fall, James Gillen, a town resident and former city editor of The Republican, said the town follows an antiquated process in counting votes by hand.

Gillen said the newspaper frequently waited until midnight, 1 or 2 a.m. for election results.

Town Clerk Eva A. Wiseman said the only complaints she has received about the late results are from the media.

Flynn and Booth both said it is part of the town’s tradition to count the votes by hand.

Booth said that Ludlow has voting machines and two weeks ago did not have all results until close to midnight because of the large number of write-in votes.

“This can happen even with voting machines,” Booth said.

Flynn said the Board of Selectmen would be open to purchasing voting machines if federal grants become available for their purchase.

If the town were to purchase voting machines, the final decision would be with the Town Meeting, Booth said.

“This decision can always be reconsidered in a future year,” Booth said.

Amherst Town Meeting members invited to visit backyard chicken coop

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The Amherst Planning Board voted to support the citizen petition that would make it easier for Amherst residents to have backyard chickens.

GERB.JPGJohn Gerber pictured here with his backyard chickens at his North Amherst home.

AMHERST - With Town Meeting slated to consider amending the backyard chicken bylaw next month, members have the chance to visit a coop as part of a regional chicken coop tour this weekend.

The Planning Board last week voted to support the petition that is being brought to Town Meeting by University of Massachusetts professor John Gerber. The board will offer some modifications on Town Meeting floor.

The petition, which has to receive a two-third’s vote to pass at Town Meeting, would allow up to 12 animals – hens or rabbits – throughout town. The proposal also eliminates the need for a special permit, which is required in some town zones now.

The idea is to make it easier and less costly for people to be able to have backyard hens. Gerber said it cost him $210 to go through the permitting process.

Under the proposal, those wanting hens or rabbits would have to register the coop or hutch with town Animal Welfare officer Carol A. Hepburn. Health Director Julie Federman has suggested a $10 fee. Hepburn would inspect the site when someone is registering the first time, Gerber said.

The Town Meeting Coordinating Committee, meanwhile, has notified members that if they have questions, they can visit Gerber’s chicken coop Sunday from 2 to 3 p.m. as part of the annual Pioneer Valley Coop Tour. That tour features open coops in Holyoke, Florence, Northampton, Haydenville and Pelham in addition to Gerber’s coop.

The Select Board is slated to consider whether to support the proposal at its meeting Monday night.

Town meeting begins May 2, but the bylaw change likely won’t be presented until later in the meeting, with members to consider the budget first.

Sunrise report: Forecast, poll and more for Thursday April 7

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Today's polls: Do you agree with Hampden District Attorney Mark G. Mastroianni's decision to end prosecution against Melvin Jones III on drug and resisting arrest charges?

Pulaski Park, Holyoke04.07.2011 | HOLYOKE - A woman walks her dog early Thursday near the edge of Pulaski Park, off Lyman Street.

The Forecast

This morning's sky was a long flood of warm colors that began well before the sun finally broke the horizon.

It looks like the day's going to be a nice one.

The National Weather Service predicts a sunny high of 54 today, and the radio's saying 58.

And even more to look forward to for the weekend -- right now, the forecast is calling for sun and highs in the low 60s.

Only another week until opening day at the Quabbin.

Find the full forecast here.




Today's Poll

Yesterday, Hampden District Attorney Mark G. Mastroianni announced he was ending the prosecution of a Hampden Superior Court drug case against Melvin Jones III. Jones had been charged with possession with intent to distribute cocaine (as a subsequent offender) and resisting arrest in connection with his November 2009 arrest.

An amateur video of the arrest appeared to show officers severely beating Jones during a struggle (police maintained he'd tried to grab an officer's gun), sparking claims of police brutality. Former patrolman Jeffrey M. Asher now faces assault charges in connection with that arrest, and several other officers were disciplined.

Jones still faces cases in District Court for shoplifting and domestic assault and battery.

Of his decision to drop the drug case, Mastroianni said he has “applied the appropriate ethical and legal standards in reaching my decision.” Police Commissioner William J. Fitchet said he was sure it was a difficult decision for Mastroianni to make.

In a press release, Mastroianni wrote:

“These charges relate to an incident which also gave rise to one of the arresting officers being charged criminally for his alleged conduct during the arrest. It is my opinion the available evidence does not allow for consistent and credible prosecutions of both defendants related to this incident. It is my conclusion, considering all available evidence, that the interests of justice are best served by the termination of Mr. Jones’ prosecution prior to trial.”
What do you think -- did Mastroianni make the right call in dropping the drug case against Melvin Jones III? Vote in our poll, offer your thoughts in the comments and check back tomorrow for the results.

Wednesday's results: Yesterday, we asked, "Should online retailers be required to collect the Massachusetts sales tax from customers?" 27 people voted. 88.39% chose "no," and 11.11% chose "yes."




Wednesday's Top 5

The top 5 headlines on MassLive.com on April 6 were:

  1. Springfield school bus drivers fed up with student harassment, violence and lack of action by administrators

  2. Gabriele Brin-Martin of Holyoke, Mohegan Sun million-dollar slot winner, had The Force on her side

  3. Developing: Hampden County District Attorney Mark Mastroianni drops drug prosecution against Melvin Jones III

  4. Victoria the Chihuahua, 'dognapped' from T.J. O'Connor Animal Control Center in Springfield, safely returned - with new green dress to boot

  5. Springfield police charge 34-year-old Michael Pacheco with drunken driving (third offense) and operating under influence of cocaine



Quote of the Day

“I am at the mercy of Mr. and Mrs. Lot Number 20.....That doesn’t give me a nice, warm fuzzy feeling."

— West Springfield resident William J. Rogalski, voicing his opposition to a subdivision proposed for land off Piper Road. Current residents are concerned the subdivision will direct runoff onto their property and worsen water pressure problems in the area. Read Sandra Constantine's article here.


AM News Links: Hartford sees tenth murder of the year, YouTube invests $100 million in original content and more

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Hartford has its 10th homicide of the year, Obama friend busted for soliciting prostitution, another conservative commentator loses his job and more of the morning's headlines.

Japan Radiation.jpgJapanese police, wearing suits to protect them from radiation, search for victims in Minami Soma inside the deserted evacuation zone established for the 20 kilometer radius around the Fukushima Dai-ichi nuclear reactors Thursday, April 7, 2011. Hundreds of Japanese police and soldiers were mobilized Thursday to begin their first major search operation inside the evacuation zone.

NOTE: Users of modern browsers can open each link in a new tab by holding 'control' ('command' on a Mac) and clicking each link.

Western Massachusetts on tap for burst of 'gorgeous' weather

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Temperatures on Monday could approach 80 degrees, abc40 / Fox 6 meteorologist Mike Masco said.

040611 - Chicopee - Staff Photo By John Suchocki - Reading the stiches on the ball thrown by mom is three year old Jake Galas who was out with brother Noah and mom Stephanie Nadeau on the Ray Ashe park off Arcade st.

SPRINGFIELD – A burst of “gorgeous” weather will continue to blossom this weekend in Western Massachusetts with sunny skies and highs in the 60s, abc40 / Fox 6 meteorologist Mike Masco said.

“It’s a really great-looking weekend,” Masco said, adding that Sunday should be the warmest of the two days with highs approaching 65.

Monday may even offer up a taste of summer with highs approaching 80, Masco said. “It’s dependent on how much sun we get,” he said.

A quick blast in the 80s or even higher is not uncommon for Western Massachusetts this time of year, Masco said, adding that record highs for the first week or so in April have climbed in to the mid-90s.

The warming trend raises the potential for river flooding given the snowpack that remains in forests to the north, he said.

Western Massachusetts will see sunny skies Thursday with highs nearing 55 degrees, Masco said.

Springfield police arrest 22-year-old Lees Dejesus on 2-year-old warrants stemming from attack in ER at Baystate Medical Center

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Warrant apprehension officers arrested the suspect on State Street Tuesday afternoon.

leesdejesus22crop.jpgLees DeJesus

SPRINGFIELD – A 22-year-old city man, suspected of attacking a woman with a chair in the emergency department at Baystate Medical Center over two years ago and threatening responding police officers with a knife, was arrested by police Tuesday afternoon.

Lees Dejesus, of 130 Cedar St., was arrested and subdued by police during that January 2009 incident at the hospital. He pleaded innocent to the charges during his arraignment in district court and then failed to return to his pre-trial hearing.

Warrant Apprehension Unit officers John Leonard and Robert Bohl arrested Dejesus Tuesday afternoon on State Street. The suspects warrants are for two counts of assault and battery on a police officer, resisting arrest and assault and battery.

Wales selectmen look at options for where to put town offices

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The Wales selectmen are looking into using the former Town Hall or a pre-fabricated building for town offices or re-visiting the idea of buying the former Tedore’s restaurant property.

Wales Town Hall 2010.jpgThe former Wales Town Hall is one site being considered for the new location for town offices.

WALES – The selectmen are working on cost estimates for where to put town offices, the library and Police Department, focusing on the former Town Hall, a pre-fabricated building and revisiting the proposal to buy and renovate the former Tedore’s restaurant property.

Selectman Michael J. Valanzola said that based on initial structural engineering reports, he considers moving back to the former Town Hall building at 3 Main St., which was built in 1802.

“It might be a less expensive option and there might be some grant funding available because of the building’s historic significance,” Valanzola said.

Selectman Richard J. Learned said he has been looking into the feasibility of acquiring a piece of land and having a pre-fabricated building put up.

Town officials will talk about the short-term and long-term issues related to space for town offices when the selectmen meet April 12.
The Board of Selectmen had supported the proposal to buy the former Tedore’s restaurant property at 2 Main St. for use as town offices, a library and police headquarters, but the proposal to spend $1.1 million to buy and renovate that property was rejected by a Town Meeting vote in February.

Selectman Jeffrey P. Vannais said he believes the Tedore’s option is still the town’s best solution for where to put the town offices, police and library.

Vannais said he would like to see a Tedore’s proposal brought back to Town Meeting voters with a lower total cost.

Town officials will talk about the short-term and long-term issues related to space for town offices when the selectmen meet April 12.

The current Town Hall was built in the 1870s as a town school.

Engineers have reported structural and other problems at that building and the second floor has been shut down because of problems.

The Police Department, which had been located on that second floor, has moved to the Senior Center temporarily.

Concerns were raised in town about whether having a town department located at the Senior Center would violate the terms of the federal grant that was used to build the center, but Valanzola said this temporary use has been approved by the state because of the town’s emergency situation.

Valanzola said that the town will have to spend between $10,000 and $20,000 on work that needs to be done at the current Town Hall, just to keep it open and in use.

Donald Trump hammers away at Pres. Obama's citizenship question (video)

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"The world laughs at us," said Trump. "They won't be laughing if I'm elected president."

donald trump today show obama videoIn this photo taken March 9, 2011, Donald Trump arrives at a Comedy Central Roast in New York.

WASHINGTON — Real estate tycoon Donald Trump said Thursday he isn't convinced that President Barack Obama was born in the United States, but says he hopes the president can prove that he was.

Officials in Hawaii have certified Obama's citizenship, but "birthers" have demanded additional proof. And Trump, who is weighing whether to seek the Republican presidential nomination, says not all the questions have been answered.

In an interview broadcast Thursday, Trump told NBC News he plans to decide by June whether to run, and said that if he is the GOP nominee, "I'd like to beat him straight up," not on the basis of the question of where Obama was born.

Trump insisted he didn't introduce the citizenship issue, but he isn't letting go of it either. Since he was asked about it during an interview several weeks ago, the real estate executive said, he's looked into it and now believes "there is a big possibility" Obama may have violated the Constitution.

"I'd like to have him show his birth certificate," Trump said. "And to be honest with you, I hope he can."

Visit msnbc.com for breaking news, world news, and news about the economy

Asked in the interview how genuine his presidential ambition is, Trump said, "I always take things seriously, but I've never taken it seriously like this. I wish I didn't have to do it."

"I wish this was the greatest place in the world," Trump said. But he said the United States is losing respect in the world at a time when jobs at home are vanishing. He accused Obama of giving the country "a terrible presidency."

Trump said that if the current fight over budget issues forces a shutdown, "I think the president will be blamed."

He accused Obama of conducting a confusing policy on the civil war in Libya, saying "nobody knows what's happening, and now it looks like (Libyan strongman Moammar) Gadhafi is going to beat the United States."

"I'm only interested in Libya if we get the oil," Trump said. He said Obama "doesn't have a doctrine (on foreign affairs.) Foreign affairs is, we take care of ourselves first"

Of Obama, he said, "I want him to do well. ... I love this country, but this country is going to hell. ... The world laughs at us. They won't be laughing if I'm elected president."

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