Garcia is expected to be sentenced to life in prison on Wednesday for the brutal slaying of the Hampden woman, who was stabbed to death inside her Main Street home last year.

Photos by Mark M. Murray / The RepublicanJesus G. Garcia is led away by a court officer after a jury found him guilty of murder Tuesday in Hampden Superior Court.

SPRINGFIELD — Jurors in Hampden Superior Court convicted 20-year-old Jesus Gilberto Garcia of first-degree murder in connection with slaughtering his ex-girlfriend's mother as the woman emerged from her bedroom to protect her teenage daughter.

Jurors deliberated for six hours on Tuesday, after hearing four days of testimony in a case that horrified residents of the quiet Hampden neighborhood where the murder occurred on July 30, 2010. Garcia crept into the house to attempt to rape 15-year-old Mariah Girouard, jurors learned from testimony, when he was confronted by her mother.

Garcia stabbed 47-year-old Valerie Girouard eight times, including twice in the heart, in front of her daughter and attacked another resident of the home, 57-year-old Kurt Haarmann.

Mariah Girouard testified at trial that she awoke groggy from sleep at about 2 in the morning to screams, and came upon Garcia in the kitchen plunging a knife into her mother. Haarmann, who also testified, escaped after Garcia stabbed him three times in the back. Mariah Girouard also managed to flee the Main Street home.

Witnesses testified that Garcia rode a borrowed BMX bike 15 miles round-trip from his home in the Forest Park section of Springfield to the house at 90 Main St. in Hampden. He initially told police he spent all evening at home drinking vodka, smoking marijuana and playing video games in a "chill spot" in his basement.

The murder and attack on Haarmann took place after Garcia admittedly broke into the house wearing a mask nine days before, holding a knife to Mariah Girouard's neck, but releasing her and revealing himself as she pleaded with him.

Photos by by Mark M. Murray / The RepublicanJesus G. Garcia remained silent as guilty verdicts were announced Tuesday in his first-degree murder case in Hampden Superior Court. Garcia was found guilty of murdering Valerie Girouard at her Hampden home last year.

Garcia did it to teach his then-girlfriend that "the world was not a safe place," the girl testified on the stand.

The incident prompted her to break up with Garcia, prompting a final desperate trip back to her home, according to Assistant District Attorney James Forsyth.

"He went back to finish what he started," Forsyth told jurors during closing statements on Monday.

Garcia also was convicted of armed assault with intent to murder in connection with the attack on Haarmann, and eight other criminal counts linked to both break-ins in July. He was acquitted on a single charge of attempting to rape Mariah Girouard in the first instance, but convicted of assault with intent to rape in the second.

He will receive a mandatory life sentence at his sentencing before Judge Mary-Lou Rup on Wednesday morning.

The verdicts were read mid-afternoon on Tuesday in a courtroom packed with family members of both Girouard and Garcia. Supporters on both sides of the aisle were nearly silent after a stern warning against outbursts by Rup. Garcia showed no reaction.

Defense lawyers tried to argue Garcia grabbed the steak knife from Valerie Girouard in self-defense after the woman, intent on protecting her daughter, confronted him.

The defense also called an expert witness on video game violence to testify on the effects of chronic violent game-playing on the adolescent brain.

"This is the world Jesus Garcia lived in," defense attorney Paul Rudoff told jurors. "People wear masks and carried swords and knives."

Because most stamps being issued are "Forever" stamps, they will remain good for first-class postage.

AP Photo/USPSThis undated handout image provided by the US Postal Service shows a forever stamp featuring baseball hall-of-famers, top row, from left, Ted Williams of the Boston Red Sox and Larry Doby of the Cleveland Indians. Bottom row, from left, Willie Stargell of the Pittsburgh Pirates and Joe DiMaggio of the New York Yankees. The stamps are part of the Major League Baseball All Stars" commemorative Forever stamps set, that will be released in July 2012.

WASHINGTON (AP) — It'll cost a penny more to mail a letter next year.

The cash-strapped U.S. Postal Service announced Tuesday that it will increase postage rates on Jan. 22, including a 1-cent increase in the cost of first-class mail, to 45 cents.

Under the law the post office cannot raise prices more than the rate of inflation, which is 2.1 percent, unless it gets special permission from the independent Postal Regulatory Commission. The PRC last year turned down such a request.

The post office lost $8 billion in fiscal 2010 and the bottom line is likely to be even worse when final figures for fiscal 2011 are released next month.

The rate increase will make only a small dent in those losses, caused by the recession, movement of mail to the Internet, and a requirement that the agency fund future retiree medical benefits years in advance.

Other proposals to cut the losses have included reduction of mail delivery from six to five days a week and closing thousands of offices across the country.

The current 44-cent rate has been in effect since May 2009.

"The overall average price increase is small and is needed to help address our current financial crisis," Postmaster General Patrick Donahoe said in a statement. "We continue to take actions within our control to increase revenue in other ways and to aggressively cut costs. To return to sound financial footing we urgently need enactment of comprehensive, long-term legislation to provide the Postal Service with a more flexible business model."

The Postal Regulatory Commission now has 45 days to verify that the new prices comply with the law limiting the increase to an average of 2.1 percent across all types of mail. They can then take effect.

Because most stamps being issued are "Forever" stamps, they will remain good for first-class postage. But buying new Forever stamps will cost more when the prices go up.

While the price for the first ounce of a first-class letter will rise to 45 cents, the cost for each additional ounce will remain at the current 20 cents.

Other prices will also change including:

—Postcards will go up 3 cents to 32 cents.

—Letters to Canada and Mexico will increase a nickel to 85 cents.

—Letters to other foreign countries will go up 7 cents to $1.05.

—Prices for advertising mail, periodicals and parcels also will rise about 2.1 percent.

—There will be a new three-month option for renting post office boxes, for people who need them only for a short time.

—Delivery confirmation will be free on some parcel services, rather than being an extra charge.

A major financial problem for the post office has been the requirement, imposed in 2006, that it pay $5.5 billion annually into a fund designed to cover the medical benefits for retired employees in the future. No other agency has such a requirement.

But while the post office is not part of the federal budget, the fund receiving the payment is, so it counts as income to the government, making the federal deficit appear $5.5 billion smaller. Because eliminating the payment would make the deficit seem bigger, there has been reluctance to drop it.

Still, both houses of Congress are working on legislation to try and address the post office's financial problems, though some members are also fighting the closing of local offices and seeking ways to keep six-day delivery.

A bill by Reps. Darrell Issa, R-Calif., and Dennis Ross, R-Fla., waiting action in the House would allow the post office to go to five-day mail delivery, phase out lower rates for nonprofit groups, require most mail to be delivered to cluster boxes rather than door-to-door, and increase the amount postal workers pay for health insurance. It would also set up a system for closing post offices similar to the one for closing military bases, bar no-layoff clauses in contracts and, under some circumstances, call for an emergency board to take over postal management.

Bills by Sens. Tom Carper, D-Del., and Susan Collins, R-Maine, are moving through committees in the Senate.

Meanwhile, the post office's largest union, the National Association of Letter Carriers, has hired its own consultants to study postal operations and make recommendations for the long-term future of the agency.

Bills backed by the Massachusetts Association of School Committees would require charter school backers to win approval either from a school committee or voter referendum.

S. Paul Reville

By KYLE CHENEY

BOSTON - Describing the state’s system for approving charter schools as undemocratic and damaging to traditional public schools, local school officials from across Massachusetts urged lawmakers Tuesday to grant them greater control over charter school proposals marked for their communities.

“Your decision is pretty simple,” said Brendan Walsh, a member of the Salem School Committee. “Are you going to support government by the elected representatives of the voice of the people? If you prefer to support government by an oligarchy of think tanks, newspapers and others who believe they know what’s best for us, then you will oppose [the proposal].”

Walsh joined other supporters of bills backed by the Massachusetts Association of School Committees that would require charter school backers to win local approval, either from a school committee or voter referendum. Under current law, charter schools are exclusively approved by the state Board of Elementary and Secondary Education, a body whose members and chair are appointed by the governor.

School committee officials contended that the imposition of charter schools by the state has diverted funding from traditional public school districts. They also invoked a controversy that erupted when emails between Education Secretary S. Paul Reville and education commissioner Mitchell Chester – publicized in 2008 – indicated that a Gloucester charter school had been approved, despite a fierce public outcry, because of political considerations.

Mitchell Chester

“We saw in the Gloucester situation that the decision was made as a political decision,” said Rep. Frank Smizik, D-Brookline, sponsor of one of the bills to require local approval. “The system now is not good. Charter schools are run independently from the public school system and are not accountable to the public school system in which they reside. As a commonwealth that deeply values municipal autonomy and local control, we must be sure decisions affecting local education and our school system stems from a democratic process.”

Advocates for charter schools ripped Smizik’s plan as an underhanded attempt to freeze the expansion of charter schools, undermining a move by lawmakers in a 2010 law that lifted the cap on charter school enrollment in low-performing school districts and established new charter school models.

“Charter public schools in Massachusetts are a Massachusetts success story,” said Charles Cassidy, chairman of the board of Boston Collegiate Charter School, a Dorchester school. “In business, when a product is successful, you make it available to more people.”

Charter school proponents point to a waiting list in the tens of thousands of families hoping to send their children to charter schools. They argue that charter schools, free from the stringent requirements of traditional schools and often from the staffing limitations imposed by unions, have established more innovative teaching methods that have proven more effective. Backers said that the Legislature’s decision to expand charter school access – and to require charter schools to implement student “recruitment and retention plans” – has only been in effect for a year and should be given more time to take hold before lawmakers adopt fundamental changes.

Sen. Sonia Chang-Diaz, D-Jamaica Plain, co-chair of the Committee on Education, said she was “struggling” with the argument about the most appropriate way to approve charter schools, and she asked charter school backers to explain why exclusive state approval is the proper method.

“I made a career decision to step outside of a district that it was very difficult to make change in,” replied Erica Brown, executive director of City on a Hill Charter Public School, based in Roxbury, who described teaching English in traditional Boston public schools plagued by “significant bureaucracy” and “fueled by a lot of political motivations that are not educational motivations.”

Although he has often allied with public sector unions, Gov. Deval L. Patrick has been a vocal proponent of expanding charter schools, a policy position that dovetails with a move by the Obama administration to incentivize charter schools around the country. Legislation backed by Patrick and approved by lawmakers last year removed certain limits on charter schools, despite opposition by teachers unions.

Unions and backers of traditional schools have contended that charter schools cherry-pick high-performing students and that teachers have been unfairly blamed for persistent achievement gaps driven by high-stakes testing requirements and socio-economic factors. Traditional public schools, they contend, are required to take all students, regardless of whether they require special education or have limited English-speaking skills.

Stephen Finnegan, counsel to the Massachusetts Association of School Committees, highlighted a 2010 report from the National School Board Association that found 13 states have a local-approval component for charter schools while seven are subject to unilateral state control.

Tracy O’Connell Novick, a member of the Worcester School Committee, said that the approval of 16 new charter schools this year forced traditional public schools to divide a stagnant pot of school funding among a larger number of institutions, creating an “unfunded mandate” and causing deficits.

“There’s no local accountability for charter schools,” she said.

After debate on the proposals extended for more than an hour, Rep. Alice Peisch, D-Wellesley, co-chair of the committee, urged advocates on both sides to continue the discussion at a forthcoming “oversight hearing” on the persistent lag in educational performance among low-income and minority students.

A sobriety checkpoint will be held at undisclosed Hampden County location on Friday night into early Saturday morning, according to Col. Marian J. McGovern, superintendent of the Massachusetts State Police.

Republican file photo

State troopers will conduct a sobriety checkpoint at an undisclosed Hampden County location from Friday night into early Saturday morning, according to Col. Marian J. McGovern, superintendent of the Massachusetts State Police.

The point of these checkpoints is to remove intoxicated drivers from commonwealth roadways, McGovern said in a press release.

The selection of vehicles will not be arbitrary and drivers' safety will be
assured, she said.

The funding for the checkpoint comes from a grant from the Highway Safety Division of the Massachusetts Executive Office of Public Safety and Security. More information is available by logging onto www.mass.gov/msp.

A series of sobriety checkpoints held on the last weekend of September in Springfield, Lawrence and Cambridge resulted in 22 arrests for operating under the influence, according to state police data.

The Springfield checkpoint, which was set up on State Street, led to the arrest of eight people, including five impaired drivers, police said. Troopers said they also issued seven criminal summonses and 54 traffic citations.

WWBT-TV says the truck contained sound equipment, podiums and the seals.

Associated PressPresident Barack Obama stops to visit with people on the side of the road in Brodnex, Va, Tuesday, Oct. 18, 2011. Obama is on a three-day bus tour promoting the American Jobs Act.

HENRICO, Va. (AP) — Authorities are investigating the theft of a truck containing presidential seals, podiums and sound equipment for President Barack Obama's bus tour of Virginia and North Carolina.

Richmond station WWBT-TV reports that the truck was parked at a hotel in the Richmond area when it was stolen Monday. The truck was recovered in the parking lot of another hotel near the Richmond International Airport.

WWBT-TV says the truck contained sound equipment, podiums and the seals.

The Defense Information System Agency said Tuesday in a statement that a government vehicle was stolen and then recovered. The theft is being investigated in coordination with law enforcement agencies.

It's unclear whether the equipment was recovered.

The federal agency says the vehicle didn't contain any classified or sensitive information.

Those making more than $1 million a year would see their taxes cut nearly in half, on average.

Associated PressRepublican presidential candidate, businessman Herman Cain speaks with the media after a interview on NBC's Meet the Press at NBC studio in Washington on Sunday, Oct. 16, 2011.

WASHINGTON — A new study says the 9-9-9 tax plan promoted by Republican presidential candidate Herman Cain would raise taxes on 84 percent of U.S. households, contradicting claims by the candidate that most would see a tax cut.

The Tax Policy Center, a Washington think tank, says low- and middle-income families would be hit hardest, with households making between $10,000 and $20,000 seeing their taxes increase by nearly 950 percent.

Those making more than $1 million a year would see their taxes cut nearly in half, on average.

Cain's plan would scrap current taxes on income, payroll, capital gains and corporate profits. He would replace them with a 9 percent tax on income, a 9 percent business tax and a 9 percent national sales tax.

While the Globe is launching a special promotional subscription to the new site, subscriptions to BostonGlobe.com will eventually cost just under $4 per week.

(AP Photo)The Boston Globe and the Boston Herald said Wednesday they are negotiating a plan under which the Globe would print and distribute some editions of its tabloid rival.

BOSTON - The Boston Globe, which launched a new website last month and was initially available to readers on a free trial basis, will begin charging for access to its content starting tomorrow morning, Globe officials said Tuesday.

As part of the transition from a free to a subscription-only website, BostonGlobe.com was be shut down from noon Tuesday until 5 a.m. Wednesday, the paper said on its website.

As a subscription-only website, BostonGlobe.com will combine the newspaper’s print stories with breaking news on a site designed for customers who want premium content that they can read on multiple devices, from computers to tablets to smartphones.

The Globe is keeping Boston.com as a free site that will continue to offer breaking news, blogs, photo galleries, sports coverage, and a limited selection of stories from the paper.

The Globe joins other major newspapers in charging for online content as readers and advertisers continue migrating to the Internet. The strategy at the Globe is unique because the paper has decided to split its news brands - Boston.com and The Boston Globe - into different websites.

While the Globe is launching a special promotional subscription of 99 cents for the first four weeks to the new site, subscription to BostonGlobe.com will eventually cost $3.99 a week. Subscribers to the Globe’s print edition will not have to pay extra for access to BostonGlobe.com.

The new site has been customized for different digital devices, including smartphones and tablets. It offers extras, including the ability to save stories for later off-line reading, additional video and photography and archives.

The school's principal says the rule deters student from using restroom visits as an excuse to miss class.

AP Photo

EVERGREEN PARK, Ill. — Students at a suburban Chicago high school will have to hold it or risk staying after school.

A policy at Evergreen Park High School allows students to leave class three times per semester to go to the restroom. After that, they have to make up any missed class time after school.

Principal Bill Sanderson tells the (Tinley Park) SouthtownStar that the policy is designed to make sure that students don't miss valuable class time. He says it deters them from using restroom visits as an excuse to miss class.

Each teacher gets to decide whether to enforce the policy in their classes.

But some students argue that they don't have time to stop at the restroom otherwise because they only get five minutes between classes.

Holyoke Fire Capt. John A. Pond was chosen to be the city's new fire chief on Tuesday. Pond will earn $95,000 to $104,500 annually.

Holyoke Fire Capt. John A. Pond has been picked to serve as the Paper City's new fire chief. The Fire Commission voted unanimously on Tuesday to approve Pond for the job.

An updated version of this story was posted at 7:38 p.m. on Tuesday, Oct. 18.

HOLYOKE -- The Holyoke Fire Commission voted unanimously Tuesday to appoint Capt. John A. Pond as the city's new fire chief.

"It's great. It's a lifelong goal of mine. I always wanted to be the chief of the Holyoke Fire Department," said Pond, 47.

Pond's elevation to chief gives the city its first permanent head of the Fire Department since former chief David A. LaFond retired in January 2010.

The city has had acting chiefs since then, including Deputy Fire Chief Robert Shaw, who has held that position since mid-June.

Pond was among five candidates considered by the commission. The others were provisional Deputy Chief Joseph Snyder and captains John McGillicuddy, David O’Connor and Joseph Beaulieu.

The job comes with an annual salary of $95,000 to $104,500. Commission Chairwoman Priscilla F. Chesky said Pond and the city will negotiate the terms of his contract and an official starting date as chief.

Pond's selection as chief caps a tumultuous period for the Fire Department, whose image was tarnished when the previous acting fire chief, William P. Moran, allegedly sent a fire truck to a fake call at the Holyoke Mall at Ingleside on June 15.

Moran is awaiting a decision from a Springfield District Court clerk-magistrate on whether he will face criminal charges in connection with the incident.

The Dow Jones industrial average rose 180 points to close at 11,577.

Associated Press

NEW YORK – Stocks rallied Tuesday on reports that Germany and France are moving closer to finding a fix for the European debt crisis.

The Guardian newspaper reported that France and Germany have agreed to expand a rescue fund. European officials are expected to take up the expansion along with a package of other measures at a meeting this weekend.

The Dow Jones industrial average rose 180.05 points, or 1.6 percent, to close at 11,577.05. It was another day of wild swings for the stock market. The Dow dropped as many as 100 points in the morning and soared as many as 255 points within an hour of the closing bell.

“The news out of Europe is taking fears of a 2008 scenario off the table,” said Jeffrey Kleintop, chief market strategist at LPL Financial. The worry hanging over markets for months is that a default by a deeply indebted European government could set off a financial crisis similar to the one triggered by the collapse of Lehman Brothers in 2008.

The S&P 500 index rose 24.52 points, or 2 percent, to 1,225.38. The Nasdaq composite rose 42.51 points, or 1.6 percent, to 2,657.43.

The rally came in stark contrast to the previous day’s trading. Stocks slumped Monday after the German government played down hopes that Europe’s debt crisis would be resolved soon. It was the worst day for the major indexes since Oct. 3, when all three hit their lowest points in 2011.

Banks and homebuilders also pulled the stock market higher Tuesday. Bank of America Corp. jumped 10.1 percent after it beat earnings expectations for the third quarter thanks to accounting gains and the sale of a stake in a Chinese bank.

Goldman Sachs rose 5.5 percent, even after reporting just its second quarterly loss since going public in 1999.

There was also better news from the housing market, which has rattled banks since the real estate collapse.

A survey of U.S. homebuilders showed they are less pessimistic about the struggling market. The National Association of Home Builders said its index of builder sentiment rose from 14 to 18 this month, the highest level since May 2010. But any reading below 50 reflects overall pessimism.

Building company stocks jumped on the news. D. R. Horton Inc. and PulteGroup Inc. both soared more than 11 percent. Lennar Corp. jumped 9.2 percent.

Markets wavered in early morning trading after some disappointing corporate earnings reports and reports that France and Germany might not reach an agreement on additional support for Greece. An agreement between the two countries is seen as the bedrock for a rescue package that can pass all 17 countries that share the euro.

The ratings agency Moody’s also said late Monday that the stable outlook for France’s top-notch credit rating is under pressure. On Tuesday, that country’s finance minister said that the economy will likely grow a rate of less than 1.5 percent next year. France is Europe’s second-largest economy behind Germany.

The Greek government is widely expected to go through some kind of default or restructuring of its debt. If that process becomes disorderly, European banks could suffer big losses on Greek government bonds and that could spread overseas, jolting global credit markets.

Tuesday brought another full day of corporate earnings reports in the U.S. International Business Machines tugged on the Dow average, falling 4.1 percent, the most of any Dow stock by far. IBM reported quarterly revenue that fell short of Wall Street estimates.

UnitedHealth Group Inc. fell 2.7 percent after its third-quarter profit dipped. The country’s largest health insurer by sales said medical costs climbed and more patients visited their doctors’ office.

Coca-Cola Co. lost half of 1 percent after narrowly beating Wall Street’s earnings estimates. Johnson & Johnson rose 1 percent after posting a 6 percent decline in third-quarter profit, roughly in line with analyst expectations.

More than five stocks rose for every one that fell on the New York Stock Exchange. Trading volume was higher than average at 5 billion shares.

Northwestern Assistant District Attorney Steven Greenbaum rejected the notion that Johnson's former lawyer didn’t know what he was doing.

File photo / The RepublicanHampshire Superior Court Officer Felix Otero, right, walks Bryan R. Johnston, originally of Dalton, into Judge Bertha D. Josephson's courtroom in 2006 for his sentencing in the December 2004 murder of his long-time friend David E. Sullivan, 22, also originally of Dalton, in Northampton.

NORTHAMPTON – Arguing that his defense lawyer was ineffective in his 2006 murder conviction for killing University of Massachusetts student David E. Sullivan, Bryan R. Johnson asked the court Tuesday to grant him a new trial.

Johnston, 29, pleaded insanity in the 2006 case, a claim the jury rejected. According to testimony at that trial, Johnston, then a criminal justice major at Westfield State College, called Sullivan, his childhood friend, and asked him out for a beer. When Sullivan declined, Johnston drove to his Amherst apartment in the early hours of Dec. 7 with a handgun and an assault rifle and, standing in his bedroom doorway, shot Sullivan six times.

Johnson admitted killing Sullivan, his former classmate at Waconah High School in Dalton, but maintained he was criminally insane at the time and not responsible for his action. Judge Bertha D. Josephson sentenced him to the mandatory life in prison without possibility of parole for first degree murder and added a 20-30-year state prison sentence for using a large capacity firearm in the commission of a felony.

David J. Nathanson, who is representing Johnston in his appeal, told Josephson Tuesday in Hampshire Superior Court that his prior defense attorney, Alexander Z. Nappan, failed to anticipate that the introduction of certain evidence at the trial would undermine Johnston’s insanity defense. Nathanson said Johnston’s refusal to take field sobriety test when stopped by Hadley police and his refusal to cooperate with staff at Bridgewater State Hospital, where he was held prior to his trial, indicated that Johnston had the wherewithal to participate in his defense and was not insane.

Northwestern Assistant District Attorney Steven Greenbaum rejected the notion that Nappan didn’t know what he was doing.

“It made sense to let the evidence in from the defense side,” Greeenbaum said. He added that, even if it were deemed to be a mistake, the evidence was not significant in Johnston’s conviction.

Josephson said she would take the request under advisement.

"I want to let the Select Board know that I am seeking other employment opportunities during the remainder of my contract term, " she said.

File photo / The RepublicanLongmeadow Town Manager Robin Crosbie, seen here in 2005 shortly after she was hired as Longmeadow's first town manager, has informed selectmen she does not want to be reappointed when her contract expires next year.

LONGMEADOW- Town Manager Robin L. Crosbie has decided not to seek reemployment with the town after her contract expires in June.

Crosbie announced her decision to the Select Board during a meeting earlier this month.

"I want to let the Select Board know that I am seeking other employment opportunities during the remainder of my contract term, " she said.

Select Board Chairman Mark P. Gold said he was thankful to Crosbie for her years of service and for letting the board know early that she is looking for other employment opportunities.

"The process of hiring a town manager can take several months. Finding someone to fill this position will require a lot of time," he said.

Crosbie was hired in 2005. The town manager position was created under the auspices of Longmeadow's town charter, which was approved by voters in May of 2004. The post involves significant budgetary and supervisory responsibilities and replaced the town administrator position.

"I appreciate the opportunity to have served as Longmeadow’s first town manager, " she said. "I want the residents to know that they have dedicated and capable town department heads and employees, and I take great pride in our high performance organization."

Gold said he is not sure how the search for a new town manager will go.

"The Select Board might handle the search or we might put together a committee including residents. I'm not sure how we are going to do that yet," he said.

However, Gold said he is hoping to begin the process in November. He said most of those conversations will be during regular meetings, so residents will be able to follow the process.

The lawyer representing the bar said the management extends its "deepest sympathy" to the shooting victim's family.

Photo by David Molnar / The RepublicanThe ownesr of Club Illusion, seen here on Worthington Street in downtown Springfield, have decided to close the club in the wake of a fatal shooting early Sunday morning.

SPRINGFIELD — Club Illusion, a downtown bar, has surrendered its liquor license permanently following a weekend shooting that took the life of 23-year-old Devada Wannamaker, according to the club's attorney.

Daniel D. Kelly, a Springfield lawyer representing the Worthington Street bar, said the owners had already decided not to seek renewal of the license in 2012 for economic reasons, and have now decided to surrender it immediately.

"The management and ownership wants to express their condolences and deepest sympathy to the family of Mr. Wannamaker," Kelly said. "Due to this tragic incident and the downturn in business, it was decided this is the appropriate time to close the doors."

City Solicitor Edward M. Pikula was told of the club's intentions on Tuesday, and a letter will follow, Kelly said. The Springfield Police Department had already taken possession of the license as evidence, Kelly said.

Attorney Daniel D. Kelly

Mayor Domenic J. Sarno earlier on Tuesday had called for the bar to voluntarily surrender its liquor license pending a hearing before the city's License Commission. The club's surrender of the license makes that hearing moot, Kelly said.

Sarno said the city "has an obligation to protect the safety of our city's residents and visitors."

"This type of violent crime has no place in our city," Sarno said in a prepared release.

The shooting occurred around 1:30 a.m. Sunday inside Club Illusion, according to police reports. No arrests had been made as of Tuesday afternoon.

Wannamaker, who lived on Main Street in Indian Orchard, ran from the Worthington Street bar after the incident and collapsed in a nearby alleyway, police said.

The business, located at 288 Worthington St., is owned by GOS, LLC, which lists Jennifer Santos as "resident agent," according to corporate records filed with the state. The property itself is owned by Victor Bruno and Venture Realty LLC.

Santos was initially listed as bar manager, but the License Commission voted last November to approve a new manager for the venue, which had been closed due to violations.

The manager at the time of the surrendered license was listed as Dylan Barkoski, a former football player and American International College graduate.

Club Illusion had "a significant security system in place," Kelly said, adding that the bar "took very diligent" measures.

He declined further comment, citing the ongoing police investigation.

Barkoski could not immediately be reached for comment, but a message posted on his Facebook page after the shooting stated: " ... We sincerely apologize to all parties affected by this tragic incident. (It) just shows how one senseless mistake can lead to another. My thoughts and prayers and deepest apologies go out to the Wannamaker family. (This) sounds like a bad nightmare; I wish that was all it was."

Police said Wannamaker, who had a criminal record, was carrying a loaded gun and drugs at the time of his death.

Staff writer Conor Berry contributed to this report.

The 17-year veteran of the Holyoke Fire Department was the Fire Commission's unanimous choice to become the ciy's first permanent chief in nearly two years.

Holyoke Fire Capt. John A. Pond was unanimously selected on Tuesday to become the Paper City's new fire chief.

This updates a story posted at 6 p.m. Tuesday, Oct. 18.

HOLYOKE — John A. Pond, a captain and 17-year veteran of the Fire Department, was the unanimous choice of the Fire Commission Tuesday to be the city's first permanent fire chief in nearly two years.

"It's great. It's a lifelong goal of mine. I always wanted to be the chief of the Holyoke Fire Department," said Pond, 47.

Pond's elevation to chief gives the city its first permanent head of the Fire Department since former chief David A. LaFond retired in January 2010.
The city has had acting chiefs since then.

Pond was among five candidates considered by the commission.

The job comes with an annual salary of $95,000 to $104,500. Commission Chairwoman Priscilla F. Chesky said Pond and the city will negotiate the terms of his contract and an official starting date as chief.

The RepublicanHolyoke Mayor Elaine A. Pluta

Pond, of Southampton, will have six months to move here to comply with the city residency rule for department heads, Chesky said.

Pond and his wife, Margaret Pond, who was at the meeting, have two children, Madelyn, 8, and Liam, 5.

Mayor Elaine A. Pluta, who attended the Fire Commission meeting at Fire Department headquarters, 600 High St., said she expects Pond will be a good chief.

"How can you go wrong? I think it's a great choice," Pluta said.

The mayor appoints the three-member Fire Commission, which is a volunteer board, but the commission has sole authorization under the city charter to appoint the chief. The other commission members are William N. McCoy and Juan A. Pedrosa.

After months of controversy roiling the department, Chesky said Pond will be the calm administrator that was needed.

A previous acting fire chief, William P. Moran, is awaiting a decision from a clerk-magistrate in Springfield District Court on whether he will face criminal charges after allegedly sending a fire truck to a fake call at the Holyoke Mall at Ingleside on June 15.

The incident angered many people in the Fire Department for the black-eye image it left.

Moran and his lawyer, David P. Hoose, have declined to comment on the possible criminal charge.

City councilors and others have said the Moran incident also probably had a role in Pluta's finishing second in the Sept. 20 preliminary election for mayor. Moran worked on Pluta's 2009 campaign.

The RepublicanWilliam P. Moran

Pluta faces challenger Alex B. Morse, who finished first in the preliminary contest, on Election Day Nov. 8.

Moran, 48, a 27-year veteran, will ask the Retirement Board Thursday to approve his application for retirement. Moran has been on paid leave using accrued vacation and sick time, Chesky said.

Chesky thanked Deputy Chief Robert Shaw for filling in as acting chief since mid-June.

"I deeply appreciate your willingness and commitment to be the chief," Chesky said.

She also thanked firefighters and other department personnel, many of whom crowded into the commission meeting, for dealing with the unease of the past several months.

The other candidates for the job were provisional Deputy Chief Joseph E. Snyder and captains John M. McGillicuddy, David O’Connor and Joseph A. Beaulieu.

Olszewski, who was in court for the proceeding, told the judge he has earned a master's degree from Boston University while in prison.

File photo by Dave Roback / The RepublicanBertha Josephson is seen speaking last year at a ceremony in Hampshire Superior Court.

NORTHAMPTON – Anthony Olszewski was in Hampshire Superior Court Tuesday for a second attempt at a third trial in the 1982 killing of his former girlfriend, Joanne Welch.

Olszewski was found guilty of first degree murder in 1983 for Welch’s death, but the state Supreme Judicial Court overturned that conviction, ruling that the Hampden County District Attorney’s Office had lost or destroyed highly relevant evidence, including a belt that was allegedly used by Olszewski to strangle Welch.

He was tried and convicted a second time, and is currently serving a life sentence in state prison. In 1990, a judge denied his appeal for a third trial. Olszewski, now 52, has maintained his innocence throughout.

According to prosecutors, Olszewski, then 22, beat and strangled the 18-year-old Welch in the Bear Hole section of West Springfield, then ran the victim over with her own car before dumping the body over a guard rail in Westfield. Prosecutors said a belt found hanging from a tree at the crime scene was used to murder the Welch.

David J. Nathanson, who is representing Olszewski in his appeal, asked Judge Bertha D. Josephson for permission to perform DNA testing on Welch’s fingernails, which have been preserved. The Hampden District Attorney’s Office did not oppose the request. Should the test produce any usable DNA, Nathanson said he believes it would be exculpatory for his client.

Olszewski, who was in court for the proceeding, told Josephson he has earned a Masters Degree from Boston University while in prison. He said he understood the risks to the evidence involved in the testing.

Tim McMahon of Forest Glen has argued that allowing tradespeople to operate their busineses out of their homes could endanger children.

WEST SPRINGFIELD – Residents barely came out Monday for a city council public hearing on a proposed zoning ordinance change that would allow people like landscapers to operate their businesses out of their homes.

Only two residents spoke about the proposal and both opposed it. They were Tim McMahon of 245 Forest Glen and Irene R. Schuh of 262 Kings Highway

McMahon complained that allowing businesses in residential neighborhoods would pose a threat to the safety of children, who oftentimes play in the street or follow a ball out onto the street. Extra truck traffic could result in injury to children, he speculated

“The current law is a good law. There is no reason to change,” McMahon said.

Local landscaper Joseph P. DuMont of Amostown Road has proposed the change so that tradespeople will be able to have home offices in the city similar to what is allowed doctors and lawyers. DuMont did not appear before the council at its public hearing to outline or speak in favor of his proposal, which the Planning Board has recommended the council reject.

His proposed ordinance would allow tradespeople like carpenters, electricians and landscapers to use their homes for their businesses as well as to store equipment. His proposal is based on regulations adopted in East Longmeadow several years ago. One of the proposal’s provisions is that equipment be stored behind the main building and be screened from view.

DuMont’s proposal would require a two-thirds majority endorsement by the Town Council, of six of the board’s nine members.

Schuh spoke briefly against the DuMont’s proposal, calling it “half baked.”

“I don’t think it’s a good idea,” she said.

Councilors continued the public hearing to their next meeting, which will take place Nov. 7. Council President Kathleen A. Bourque said following Monday’s meeting that the council often takes that tack to allow for more commentary.

U.S. Immigration and Customs Enforcement Director John Morton said Tuesday his agency deported nearly 400,000 individuals during the fiscal year.

View full sizeFrom left; U.S. Immigration and Customs Enforcement (ICE) Director John Morton; Gary Mead, executive associate director for Enforcement and Removal Operations; ICE Deputy Director Kumar Kibble and James Dinkins, executive associate director of Homeland Security Investigations (HSI), take part in a news conference to announce results of ICE-led enforcement targeting at-large criminal aliens, Wednesday, Sept. 28, 2011, in Washington. (AP Photo/Manuel Balce Ceneta)

Morton announced the Fiscal 2011 numbers in Washington, saying about 55 percent of those deported had felony or misdemeanor convictions. Officials said the number of those convicted of crimes was up 89 percent from 2008.

Authorities could not immediately say how many of those crimes related to re-entering the U.S. after being deported. Individuals can be convicted of a felony for returning to the U.S. or being found in the U.S. after they were deported.

Among the 396,906 individuals deported were more than 1,000 convicted of homicide. Another 5,800 were sexual offenders, and about 80,000 people were convicted of drug related crimes or driving under the influence. Last year, the total was roughly 393,000.

"This comes down to focusing our resources as best we can on our priorities," Morton said. "We continue to hope for comprehensive immigration reform at a national level, working with the Congress, but in the meantime, we work with the resources we have, under the laws we have."

The announcement comes as the Obama administration has sought to address critics on both sides of the immigration debate. Immigration advocates complain law enforcement officials are spending too much of their scarce resources rounding up families living illegally in the country who otherwise are law-abiding. Others say the administration isn't doing enough to stop the flow of illegal immigration and protect Americans from potential foreign terrorists and other criminals.

Department of Homeland Security Secretary Janet Napolitano has said the agency is focusing its resources on criminals, recent border crossers, those who repeatedly cross the border and those people the department considers fugitives.

Authorities say two-thirds of those deported last year either recently crossed the border or had done so repeatedly.

But House Judiciary Chairman U.S. Rep. Lamar Smith, R-Texas, an outspoken opponent of Obama administration's immigration policies, called the ICE numbers inflated. He argued they include people who voluntarily agree to leave the country with no penalties and can easily return to the U.S. — especially along the border.

In a statement, Smith added that under the Obama administration, worksite enforcement has dropped 70 percent.

"We could free up millions of jobs for citizens and legal immigrants if we simply enforced our immigration laws," he added.

In 2009, the administration shifted from high-profile workplace sweeps to less attention-grabbing auditing of I-9 forms — the documents used to verify that employees are legally eligible to work in the U.S. The department says the shift better focuses resources on the employers who draw in illegal workers to the country.

In Miami, Susana Barciela, policy director for Americans for Immigration Justice, also expressed concerns about the numbers.

"We are worried because many of the people who are being deported have committed minor crimes," she said.

She mentioned cases in which immigrants were detained and convicted of driving with broken taillights, polarized windows or expired driver's licenses, common among illegal immigrants who are unable to legally obtain or renew their licenses and then are deported.

The Washington, D.C.-based Immigration Forum called the number of deportations a waste of tax payer dollars.

"In reality, the numbers highlight a failure of our government to come to grips with our broken immigration system," the group's statement said.

"At $23,000 per individual to go through the complete deportation process, immigration enforcement without fixing our broken system is not sustainable. We cannot continue to spend billions of dollars, year after year, while denying we have a more fundamental problem_that our immigration system no longer serves America well."

The announcement came the same day two TV networks will air separate shows examining the immigration detention system. "Lost in Detention," on PBS' Frontline, and CNBC's documentary, "Billions Behind Bars," which examines the private prison industry and the detention of immigrants. Immigrant groups in cities across the country have organized viewing parties, protests and other events in connection with the PBS program.

___

Associated Press writer Alicia Caldwell contributed to this report from Washington.

Earlier in the trial, the district attorney presented a gasoline station surveillance video showing Denson getting into the backseat of his cousin’s car minutes after the stabbing.

File photo by Dave Roback / The RepublicanAccused murderer Eric Denson, left, is seen with his lawyer, David Rountree, in Hampden Superior Court.

SPRINGFIELD – One in 2.55 quadrillion.

Those are the odds that blood from the car that picked up murder defendant Eric B. Denson near the Blue Fusion Bar & Grill on March 13, 2010 belongs to anyone other than the teenager he allegedly stabbed to death, a state police chemist testified Tuesday.

Opening the third week of Denson’s murder trial, forensic chemist Erica Blais confirmed that blood found in the backseat of a car driven by Denson’s cousin had the same DNA profile of Conor W. Reynolds, the Cathedral High School soccer star killed during a birthday party at the St. James Avenue club.

Testifying as a prosecution witness, Blais reviewed charts showing the DNA profile of Reynolds’s blood and blood found in the car, and concluded there was a one in 2.55 quadrillion chance that it came from anyone other than Reynolds.

Denson, 22, of Springfield, is charged with first degree murder and two counts of assault and battery with a dangerous weapon.

Earlier in the trial, District Attorney Mark G. Mastroianni presented a gasoline station surveillance video showing Denson getting into the backseat of his cousin’s Saturn Vue minutes after the stabbing at the Blue Fusion.

Prosecutors say witness testimony, surveillance video and DNA evidence tie Denson to the killing, along with the stabbing of Peter D’Amario, another Cathedral student at the party.

Defense lawyers say Denson is the victim of confused witness identifications and a less-than-exhaustive search for other suspects.

During cross-examination Tuesday, defense lawyer Harry L. Miles questioned whether Blais had analyzed a black hat found outside the bar; she responded that she had never seen the hat.

Miles also challenged the blood collection methods used by investigators, pointing out that no effort was made to search for “occult,” or invisible, blood stains inside the bar, or a pool of blood outside in the parking lot.

He also asked Blais about her memberships in professional organizations, getting her to acknowledge that she had been an associate member, not a member, of the American Academy of Forensic Scientists, as her resume stated.

Later, Mastroianni asked about her status in a second group, the Northeastern Association of Forensic Scientists. “Currently, I am the director,” she responded.

Testimony in the trial is scheduled to resume Wednesday in Hampden Superior Court.

Staff writer Buffy Spencer contributed to this report.

Police officers thought the gun was real, as Fontaine repeatedly pointed it at them and threatened them with it during the 20-minute standoff.

Shawn R. Fontaine

PALMER - The lawyer for the Palmer teen who threatened police during a standoff and got shot twice wants him to be released with conditions, but the prosecutor wants him to serve 2 1/2 years at the House of Correction.

Judge Patricia T. Poehler continued the case against Shawn R. Fontaine to Nov. 7 so a pending juvenile matter regarding a probation violation can be settled first.

Fontaine, 17, was in court on Tuesday for the pretrial hearing, wearing a baggy white T-shirt.

He has been held at the Ludlow jail in lieu of $20,000 bail since he was released from a Worcester hospital about a week after being shot in the ankle and abdomen by Officer Scott T. Camilleri during the July 4 standoff. Hampden District Attorney Mark Mastroianni said Camilleri was legally justified in the shooting.

Fontaine's court-appointed lawyer, Michael N. Kallock, suggested that the case be continued without a finding, and to have Fontaine follow his doctor's orders for medication, cooperate with the state Department of Youth Services and Department of Children and Families, and undergo therapy as a condition of probation.

Fontaine was charged with six counts of assault with a dangerous weapon, as well as one count of carrying a dangerous weapon.

He allegedly told the officers, "Shoot me! Shoot me! You better shoot me because I'm going to shoot you and I won't miss."

Kallock argued that Fontaine had felt a sense of "betrayal" because the women (one is a cousin) that he had been living with at 22 Pinney St. - the scene of the standoff - were going to relinquish their guardianship of him to the state. Kallock said Fontaine has been in and out of foster homes since he was 7 years old, and at times lived with his mother, who battled substance abuse.

"He is without any friends and without any real ties to places he's been," Kallock said.

When Fontaine showed up late on the night of July 4 at the Pinney Street home, thinking "perhaps things will work out," the tenants instead called the police, Kallock said.

Kallock said Fontaine had been using the BB-pellet gun for protection on the streets of Springfield, where he had been since leaving Palmer. Police officers thought the gun was real, as Fontaine repeatedly pointed it at them and threatened them with it during the 20-minute standoff. It was only after Fontaine had been shot that the officers determined it wasn't a real gun.

Kallock also argued that Fontaine had been without his medications when the incident happened.

Kallock asked Poehler for "some consideration in what (Fontaine's) had to go through the last seven or eight years in DCF custudy and very trying conditions with his mother." He agreed that Fontaine needs treatment, but said he doesn't need a guilty finding on his record.

Prosector Colleen Martin said that jail could help provide the services, programs and structure Fontaine needs.

"Very rarely throughout his young life has he had any structure," Martin said.

Poehler said that Fontaine "obviously had a horrible childhood," but said he has to be responsible for his actions.

"This is not somebody I can just let walk out the door," Poehler said.

Kallock said Fontaine being shot twice is "the elephant in the room."

"What was his expectation? He brought that on himself," Poehler said.

Poehler said she does not want to necessarily saddle a 17-year-old with felony convictions that will make getting a job in the future difficult, but said jail may be the place where he can get the psychiatric help and structure that he needs.

She wanted Kallock to come up with a better idea of where Fontaine would go if he were released. Fontaine still is in custody of the Department of Children and Families, Kallock said.

The assault followed a fender-bender-style accident on Union Street.

Republican file photo

WESTFIELD – Police arrested three city men Tuesday and charged them with an assault last Friday that sent a 51-year-old Union Street man to Noble Hospital with serious injuries.

All three suspects were held without right to bail pending dangerousness hearings on Friday in District Court..

Capt. Hipolito Nunez said attack occurred following a fender-bender in front of the victim’s home.

Traffic started to back up due to the accident and the victim asked those involved to clear the roadway, Nunez said. At that point, the three suspects, who had not been involved in the accident but may have known somebody who was, started punching the victim and then kicking him when he fell to the ground, he said.

Detectives arrested the three Tuesday and charged them with assault and battery with serious injury, Nunez said.

Arrested were: Jimmy Cruz, 17, 11 Union Ave.; Emmanuelli Cruz-Martinez, 18, of 18 Bates St., and Felix R. Torres-Santiago, of 9B Union Ave., Nunez said. All three denied the charge in court.

The victim’s name and condition were not available.