Start the week informed with Business Monday from The Republican.

Start the week informed with Business Monday from The Republican:

Big Y at 75: D'Amour legacy of one of charitable giving
Education has played a key role in the D’Amour family’s work throughout the communities their stores serve. Read more »

Springfield business community input on tornado recovery sought
Rebuild Springfield wants to hear from local business leaders as it works out a plan to rebuild the city from the June tornadoes. Read more »

Massachusetts trails New England neighbors in growth of cultural economy
With its 8,000-plus nonprofit arts and cultural organizations, $2.2 billion in spending and 27,000 people employed in 2009, Massachusetts continues to represent the lion’s share in the region. Read more »

Bank Transfer Day: Thousands of furious customers move money out of big banks
Tapping into a groundswell of resentment over everything from rising fees to ongoing foreclosures, populist movements are urging consumers nationwide to switch their money into credit unions or community banks. Read more »

Commentary: Bank of America's retreat from debit-card fee case of symbolism over logic
This consumer victory doesn’t change the outlook for banks. Read more »

More Business Monday:

• Voices of the Valley: Ed and Mona Parker, owners, Parker's Bed and Breakfast, Granby

• Big Y at 75: D'Amour family puts shoppers' needs, service first

• Big Y at 75: Grocery chain's history follows path of opportunities

• Big Y at 75: Big prize winners join Big Y's celebration

• Big Y helps Massachusetts, Connecticut farms grow business

• The Pacific Century: Where should America invest the next decade worth of time and energy

• Toastmasters help people conquer their greatest fear

• West Springfield unit included in ITT defense spinoff

• Work continues on new Steve Lewis Subaru dealership in Hadley

Notebooks:

• Western Massachusetts business etc.: Big Y opens store in Lee, Realtors report home sales up 6% in October, and more

• Boston Business Journal Business bits: Dunkin' Brands sales up, income down; Massachusetts tax revenue up, but not enough; and more

Closest approach will occur at 6:28 p.m. EST Tuesday when the asteroid passes within 202,000 miles of Earth.

Associated Press/NASAThis image made from radar data taken in April 2010 by the Arecibo Radar Telescope in Puerto Rico and provided by NASA/Cornell/Arecibo shows asteroid 2005 YU55.

CAPE CANAVERAL, Fla. (AP) — An asteroid bigger than an aircraft carrier will dart between the Earth and moon on Tuesday — the closest encounter by such a huge rock in 35 years.

But scientists say not to worry. It won't hit.

"We're extremely confident, 100 percent confident, that this is not a threat," said the manager of NASA's Near Earth Object Program, Don Yeomans. "But it is an opportunity."

The asteroid named 2005 YU55 is being watched by ground antennas as it approaches from the direction of the sun. The last time it came within so-called shouting distance was 200 years ago.

Closest approach will occur at 6:28 p.m. EST Tuesday when the asteroid passes within 202,000 miles of Earth. That's closer than the roughly 240,000 miles between the Earth and the moon.

The moon will be just under 150,000 miles from the asteroid at the time of closest approach.

Both the Earth and moon are safe — "this time," said Jay Melosh, professor of Earth and atmospheric sciences at Purdue University.

If 2005 YU55 were to plow into the home planet, it would blast out a crater four miles across and 1,700 feet deep, according to Melosh's calculations. Think a magnitude-7 earthquake and 70-foot-high tsunami waves.

Scientists have been tracking the slowly spinning, spherical, dark-colored object since its discovery in 2005, and are positive it won't do any damage.

"We know the orbit of this object very well," Yeomans said.

The asteroid stretches a quarter-mile across. Smaller objects come close all the time, Yeomans noted, but nothing this big will have ventured so close since 1976. And nothing this large will again until 2028.

Radar observations from California and Puerto Rico will help scientists ascertain whether the asteroid is pockmarked with craters and holds any water-bearing minerals or even frozen water.

Amateur astronomers would need a 6-inch-or-bigger telescope and know exactly where to look to spot it.

Astronomers consider 2005 YU55 a C-type asteroid — one containing carbon-based materials. "It's not just a whirling rock like most of them," Yeomans said.

Such objects are believed to have brought carbon-based materials and water to the early Earth, planting the seeds for life. The discovery of water-bearing minerals or ice would support that theory, Yeomans said.

This is the type of asteroid that NASA would want to aim for, with astronauts, Yeomans said, especially if frozen water is found. Such asteroids could serve as watering holes and fueling stations for future explorers, he said.

An asteroid is actually on NASA's short list for destinations.

President Barack Obama wants astronauts headed to an asteroid and then Mars in the coming decades. That's why the 30-year space shuttle program ceased this summer — so NASA could have enough money to get cracking on these new destinations.

As for an actual strike by an asteroid this size, that's estimated to occur once every 100,000 years or so.

An asteroid named Apophis — estimated to be 885 feet across — will venture extremely close on April 13, 2029 — but will not strike. It has a remote chance of hitting Earth when it comes around again on April 13, 2036.

Scientists said information gleaned from 2005 YU55, as well as other asteroids, will prove useful if and when it becomes necessary to deflect an incoming Armageddon-style rock.

National Grid said it has completed the restoration of power to all of its customers in Western Massachusetts who were affected by the October snowstorm.

File photo by Dave Roback / The RepublicanA National Grid truck surveys damage to power lines on Ledgewood Road in Belchertown Friday. Click on the link, above right, for a report from the Telegram & Gazette of Worcester that quotes company officials as saying power to all National Grid customers in Massachusetts has been restored in the wake of the October snowstorm.

• Occupy Wall Street, Tea Party get thumbs down in new nationwide poll [Boston Herald]


• Schools in Cambridge close to mark Islamic holiday, Festival of Sacrifice [Boston.com]


• National Grid says it has restored power to all 421,000 Massachusetts customers in wake of October snowstorm [Telegram & Gazette]


• Victims' rights advocate says Penn State football coach Joe Paterno, others made major moral and ethical blunder in Jerry Sandusky case [PennLive.com]


• Greece cobbles together interim government as Italy teeters [Christian Science Monitor]


• Former Massachusetts Gov. Mitt Romney, seen as most electable Republican, but still struggles to break out of pack, new poll shows [Washington Post]


• Hampshire County office-seekers, like their national counterparts, embrace social media [Daily Hampshire Gazette]


• Ted Williams, former homeless man with golden voice, lands job at New England Cable News network [NECN.com]


• Twitter posts tagged #westernma in Western Mass. [MassLive.com]


• Read more News Links »


• Do you have News Links? Send them our way or tweet them to @masslivenews

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

The Massachusetts Special Joint Committee on Redistricting was scheduled to release its new set of maps for 2012 at 2 p.m. today.

View full sizeMaLegislature.comThe proposed 2012 Massachusetts congressional districts.

The Massachusetts Special Joint Committee on Redistricting was scheduled to release its new set of maps for 2012 at 2 p.m. today.

The maps are now available. At right, the proposed 2012 congressional districts.

View the other maps here.

Bachmann refused to give names when asked which candidates she was criticizing as "frugal socialists."

Associated PressRepublican presidential candidate, Rep. Michele Bachmann, R-Minn., makes an economic policy address, Thursday, Nov. 3, 2011, at Iowa State University in Ames, Iowa.

WASHINGTON (AP) — GOP presidential hopeful Michele Bachmann says too many Republicans aspire to be "frugal socialists" and the party can't afford a nominee who isn't a rock-solid conservative.

Bachmann said Monday that some of her GOP rivals were "confused" on such issues as abortion and gay rights. She refused to give names when asked which candidates she was criticizing as "frugal socialists." She said it's up to reporters to figure that out.

The Minnesota congresswoman was, however, direct in her criticism of President Barack Obama. She says his foreign policy is misguided and run by "General Axelrod, who is located in Chicago." That was a reference to Obama adviser David Axelrod.

Bachmann is reaching out to social conservatives who have great influence in the process of choosing a nominee.

Simsbury, Conn. has also been hard-hit with over 4,100 customers in the dark.

Mark M. Murray / The RepublicanSomers, Conn. remains especially hard-hit in wake of the October 29 storm. Here, storm damage can be seen just over the state line in Longmeadow.

SOMERS - Somers remains one of the hardest-hit northern Connecticut towns with nearly 50 percent of its residents without power as of Monday afternoon.

“We are going over a week now and our nerves are getting frazzled,” said Town Clerk Ann Logan. ”This is something we never hope to go though again. It’s worse than Irene. It’s very difficult because we have so many trees and limbs down - big trees.”

Over 1,800 Somers Connecticut Light & Power customers remained without power Monday afternoon, according to the utility’s website.

Simsbury has also been hit hard with over 4,163 customers without power, according to the website.

One bright spot for Somers Monday is the reopening of its schools, Logan said.

Showers are available for town residents to use at Mabelle Avery Middle School from 4:30 to 9:30 p.m. Residents should bring their own soap and toiletries.

Those who are still in the dark after power is restored to their neighbors should call Connecticut Light & Power at 1-800-286-2000 or the town at (860) 749-7626.

The town’s emergency operations center can be reached 24/7 at (860) 749-7626.

Additional information on the emergency response and restoration can be found on the town’s website.

Obituaries from The Republican today.

Gerald T. Frisby

SPRINGFIELD - Gerald Thomas Frisby, a Springfield native and national leader in the field of continuing education and workforce development, died Oct. 31, in Wilmington, Del., at the age of 67. He suffered heart failure after returning from a week-long visit to Canada. He was recognized as an expert in the development, implementation, administration and evaluation of academic, career and personal development programs. During the welfare reform debate in the 1990s, he was called upon to brief President Clinton on ways to make welfare-to-work programs successful across the country. A 1962 graduate of Commerce High School, he was the eldest son of Oneida Beane Frisby and the late John Thomas Frisby. Before retiring to Delaware in February 2011, he was Associate Vice President for Career and Technical Education at Daytona State College in Daytona Beach, Fla. He earned a bachelor of science degree in sociology from Morgan State University in 1967, earned a master of science degree in vocational education from New York University in 1971 and did post graduate studies in workforce development administration at the University of Maryland Baltimore County in 1981. From 1985 to 1994, he held various positions at educational institutions. He was director of career services at Bronx Community College, director of the Jobs-training Partner Act programs at Mercer County Community College, federal program specialist at the New Jersey Department of Higher Education, vocational guidance specialist at the Maryland State Department of Education and special programs director and general education counselor at Dundalk Community College. In January 1994, he joined Daytona Beach Community College, which later became Daytona State College, as dean of adult education and associate vice president of adult education and workforce development. During his tenure, he was responsible for the writing of state and federal grants that provided millions of dollars in funding for the college. He was also instrumental in developing and implementing programs that provided job training to youthful offenders and welfare recipients. In October 1996, President Clinton visited Daytona Beach and Mr. Frisby was selected to brief the president on that state of welfare-to-work programs. He advised the president on effective ways to train unemployed mothers to be productive in the workforce and discussed ways to get the business community to more fully engage in training programs. He served on numerous community and business partnership boards and has been a frequent speaker at national and regional conferences.

Obituaries from The Republican:

• 
  Antaya, Lawrence G.
  



• 
  Bak, Helen S.
  




• Bell, Gary E.
  




• 
  Bloom, Mary
  



• 
  Cassanelli, Ernest G.




• 
  Chmura, Rita A. (Nelson)
  



• 
  Duchesne, Henry A. "Hank"
  




• Ebbersten, Joyce E. "Joy"
  




• 
  Flaherty Sr., John J.
  



• 
  Frisby, Gerald Thomas




• 
  Gelfand, Alexandra
  



• 
  Hale, Lori A. (Quatrone)
  




• Harrison, Marian A. (Barna)
  




• 
  Helberg, Ila W. (Wright)
  



• 
  Kaufman, Mary E. (Zack)




• 
  Kusekoski, James Edward
  



• 
  MacAdam, Beryl
  




• Malczynski, Joseph J. "Red"
  




• 
  Palmer, Terri Lee
  



• 
  Roberts, Phyllis E. (Hopkins)




• 
  Schmalenberg, Gladys M. (Mosher)
  



• 
  Spencer, Dorothy M. (Wood)
  




• Sullivan, Robert T.
  




• 
  Topolski, Amanda A. (Halpy)
  



• 
  Young, Ruth E.

Residents will not have another opportunity to speak at the commission meeting.

Republican file photoNancy Andrews and Andrew Steinberg became friends walking their dogs at the Amethyst Conservation area in Amherst. They would like to continue walking their dogs off leash while others in town want the Conservation Commission to require that all dogs be leashed.

AMHERST – The Conservation Commission is slated to decide whether to require all dogs to be leashed on conservation property at its meeting Wednesday night, a decision that is challenging for the commission and one that will make many unhappy.

Conservation chairwoman Briony Angus said the meeting is for commissioners to discuss the policy and residents will not have another chance to speak.

Residents spoke to the commissioners at a special meeting on the issue last month and have been sending in comments. Angus said “we’re encouraging people to get in comments for the commission (before then.)”
Commissioners have not had a chance to talk about the policy since the hearing.

“It is challenging to balance (all points of view.) It’s definitely garnering a lot of attention.”

The commission is in the process of creating a land management plan for all conservation areas and a dog policy is part of that overall plan.

W. David Ziomek, director of conservation and development has said that the number of issues with dogs spiked over the summer.

About a decade ago, the commission, agreed to a one-year trial that allowed dogs to run off leash at Mill River and Amethyst Brook areas year-round. That policy has remained in effect ever since.
But the policy also stipulates that dogs must be leashed or under control at all times.

At last month’s meeting, people spoke passionately for dogs to remain unleashed and others to have them leashed at all times. A group, meawhile, is circulating a petition asking that dogs continue to be allowed off-leash that as of Wednesday was signed by 501.

Animal welfare officer Carol A. Hepburn said she’s continued to hear comments as well.

At the meeting last month, she said that dogs should be leashed. Otherwise, "someone's going to get hurt. My job is to protect everyone."

The meeting agenda has not been posted, those interested should check the town’s Web site for the time of the discussion. The commission meeting begins at 7 p.m. in Town Hall.

Sharon Bialek said she wanted to provide "a face and a voice" to support other accusers who have so far remained anonymous.

Associated PressIn this photo taken Oct. 31, 2011, Republican presidential candidate Herman Cain answers questions at the National Press Club in Washington about sexual harassment allegations.

NEW YORK (AP) — Speaking in a halting voice, a Chicago-area woman accused Republican presidential contender Herman Cain on Monday of making an unwanted sexual advance against her more than a decade ago, saying she wanted to provide "a face and a voice" to support other accusers who have so far remained anonymous.

"Come clean," Sharon Bialek challenged Cain, demanding he confess to any inappropriate behavior with her or other women.

Cain's campaign instantly issued a denial. "All allegations of harassment against Mr. Cain are false," it said.

Bialek's appearance at a news conference marked a new and — for Cain — dangerous turn in a controversy that he had been trying to lay to rest.

She described an evening in mid-July 1997 when she had dinner in Washington, D.C., with Cain, whom she had contacted in hopes he could help her find a job. The two were in a car for what she thought was a ride to an office building.

"Instead of going into the offices he suddenly reached over and he put his hand on my leg, under my skirt toward my genitals," she said.

"He also pushed my head toward his crotch," she added.

She said she told Cain to stop, adding that he did.

Bialek said she did not file a workplace complaint against Cain at the time because she was not employed.

She said she informed both her boyfriend, an unidentified pediatrician, and a longtime male friend.

Bialek appeared at a news conference alongside Gloria Allred, an attorney known for sexual harassment cases.

As if to blunt any attacks on her client's motives, the attorney described Bialek as a registered Republican, and a woman with a long and successful work history.

The Water Department is also exploring use of automated meter reading devices.

WESTFIELD – Westfield Gas and Electric Department plans to spend about $3.2 million on new electric meters that officials claim will save customers an estimated $17 million.

The new meter system, which will allow for remote or automated reading of usage by customers, will be financed with $1.6 million from a previous bond utility and $1.6 million in new bonding approved by the City Council last week.

Utility superintendent Daniel Howard said the project, to be completed within the next few months, will allow the department to reduce the number of meter readers employed and the number of vehicles used for meter reading. The department currently has five readers and that will be decreased by one or two, Howard said.

A new utility billing system will be implemented by the department in January, Howard said.

The new meters are for electricity only. Howard said the utility is required by regulation to replace gas meters every seven years. There are no regulations governing replacement of electric meters, he said.

The department will install more than 10,000 new meters designed for automated reading equipment, he said.

The new bond will be financed over a 20-year period, the same time period that will produce the estimated $17 million in savings that will be past onto customers, according to Howard.

Also, Howard and Water Superintendent David S. Billips informed councilors that both departments are exploring future billing procedures that will include water charges for residents.

That billing will also rely on automated reading devices, they said.

The victim, a 73-year-old woman, was not physically injured

Carlos Apostle

AMHERST – A 23-year-old Andover man, suspected of breaking into a 73-year-old woman’s home early Saturday, gained entrance by knocking on her door and claiming to be a police officer, police said.

When the woman opened the door to her Blue Hills Road home, the suspect grabbed her arm and barged inside, Lt. Ronald A. Young said.

The woman then began to scream and the suspect, Carlos A. Apostle, of 5 Hanson Road, Andover, fled through the house and out the back door, Young said.

The woman, treated by Amherst Fire Department medical personnel, was not physically injured. Apostle was found a few streets away.

The suspect was charged with breaking and entering in the nighttime with intent to commit a felony, impersonating a police officer and assault and battery on a person over 65.

Apostle was held over the weekend at the Hampshire County House of Corrections in lieu of $5,000 cash bail and is slated to be arraigned at the Eastern Hampshire County District Court in Belchertown.

Amherst and Northampton, two of the state's more liberal communities, would go into the district of U.S. Rep. James McGovern of Worcester.

U.S. Rep. Richard E. Neal, left, could face a challenge from former Pittsfield state senator Andrea F. Nuciforo if a draft congressional redistricting map is ultimately approved.

BOSTON - Top state lawmakers have released a new congressional district map that means U.S. Rep. Richard E. Neal of Springfield would run against a former state senator from Pittsfield in next year's primary, according to state legislators.

Under the proposed map, released at 2 by the Legislature's Joint Committee on Redistricting, Neal's new 1st congressional district would pick up all of Berkshire County, setting up a primary contest next year with Andrea F. Nuciforo, a Pittsfield Democrat, former state senator from 1997 to 2007 and current register of deeds in Pittsfield.

Nuciforo today said he planned to run next year against Neal in the Democratic primary for the newly-designed 1st congressional district.

Franklin and Hampshire County would be divided up. The population of Western Massachusetts is too large to include all four counties in one congressional district.

Amherst and Northampton, two of the state's more liberal communities, would go into the district of U.S. Rep. James P. McGovern of Worcester. Belchertown and Greenfield would also go into McGovern's district. Northampton is now in Neal's district.

Neal's district include Charlton and Dudley, two communities in Worcester County.

View full sizeMaLegislature.comThe proposed 2012 Massachusetts congressional districts.

Neal and McGovern basically split up most the current 107-community district of U.S. Rep. John Olver of Amherst, who announced 10 days ago that he would not run for re-election, making it easier for state legislators to draw a new congressional map, which goes into effect for next year's election.

Neal's new district has all of Hampden County including Holyoke and Westfield, now both in Olver's district. Neal would also have some Hampshire County communities including Easthampton and Westhampton.

Gardner and Fitchburg, currently in Olver's district, would go into the new district of U.S. Rep. Nicola S. Tsongas, D-Lowell.

Sen. Stanley C. Rosenberg of Amherst, co-chairman of the committee on redistricting, said Amherst is a good fit for Worcester because Worcester is home to the University of Massachusetts Medical School. Northampton also meshes well with Worcester because of a high number of colleges in each community, he said.

Rosenberg said a main goal was to keep all of Berkshire County in one congressional district. Rosenberg said Nuciforo's planned candidacy was not a factor in the map.

Rosenberg said the hill towns of Franklin and Hampshire were kept in Neal's new district because they are similar to the small towns in Berkshire County.

Rosenberg said he preferred that Western and Central Massachusetts keep three congressional seats but population trends meant it was not possible.

Massachusetts lost one of its 10 congressional seats because it did not grow as much as other regions of the nation during the past decade. State legislators needed to design a new nine-seat map.

“We believe that the draft congressional maps incorporate many of the ideas presented to the committee during the 31 hours of testimony given by over 400 groups and individuals at 13 public hearings and the 120 comments that people submitted through our website,” Rosenberg and Rep. Michael Moran of Boston wrote in a press release today.

“We now ask for your help again. Please give us your comments and suggestions on the draft districts maps for the United States House of Representatives. We will evaluate your proposals over the next three days before the committee makes a recommendation to the General Court. A public comment period on the draft congressional maps is the first time this has been done in Massachusetts. This is an important component in what many have described as the most open, inclusive, and transparent redistricting process in the history of the state.”

Longmeadow Select Board member Christine Swanson will resign.

Christine L. Swanson

LONGMEADOW - Select Board member Christine L. Swanson announced last month that she will not be completing her term on the board.

Swanson said she has put her house on the market and will be moving with her husband and children to Savannah, Ga. She said the decision was not easy, but she would like to be closer to her family.

Swanson said she will remain on the board until her home is sold, but chose to step down as the vice chairwoman.

"Until our plans are finalized and I have officially resigned from this board, I am committed to continuing my role on the Select Board and School Building Committee," she said, during

Swanson served on the School Committee for four years and was elected to the Select Board in 2010. She is also the co-chairman of the School Building Committee. She has been a strong advocate for the Longmeadow High School rebuilding project, which is expected to be completed in 2013.

"I'm saddened to not have been able to see the high school project to completion, but I leave the project in good hands and look forward to coming back for the opening celebrations," she said.

Swanson is joined by Town Manager Robin L. Crosbie who announced her decision to look for other employment during an Oct. 6 meeting.

Earlier this year School Building Committee co-chairman Robert Barkett chose not to run for re-election on the Select Board. He remains on the School Building Committee
School Committee members Thomas Brunette and Gwen M. Bruns also resigned this year. Brunette cited personal reasons and Bruns said she would be relocating to Vermont with her family.

The Select Board and School Committee appointed James Desrochers and Owen Humphries to seats on the School Committee. They must run for re-election in June 2012 if they want to keep the seats.

Select Board Chairman Mark P. Gold said unlike the School Committee seats, a Select Board seat cannot be appointed.

"We have been looking at the Town Charter and it says the Select Board may call for a special election, it does not say we must," he said.

A special election will cost the town around $10,000, he said.

Gold said a decision has not been made yet as to whether they will hold a special election to fill the seat or wait until the June election of 2012. Whoever runs for the seat will be finishing out Swanson's, term, which ends in June of 2013.

Dr. Conrad Murray faces four years in prison and the loss of his medical licenses.

Dr. Conrad Murray, seen here in Los Angeles Superior Court. (AP file photo).

UPDATED

LOS ANGELES (AP) – Michael Jackson’s doctor was convicted Monday of involuntary manslaughter after a trial that painted him as a reckless caregiver who administered a lethal dose of a powerful anesthetic that killed the pop star.

The verdict against Dr. Conrad Murray marked the latest chapter in one of pop culture’s most shocking tragedies – the death of the King of Pop on the eve of the singer’s heavily promoted comeback concerts.

The jury deliberated less than nine hours. The Houston cardiologist, 58, faces a sentence of up to four years in prison. He could also lose his medical license.

Jackson died on June 25, 2009, and details of his final days dribbled out over several months.

The complete story, however, finally emerged during the six-week trial. It was the tale of a tormented genius on the brink of what might have been his greatest triumph with one impediment standing in his way – extreme insomnia.

Testimony came from medical experts, household employees and Murray’s former girlfriends, among others.

The most shocking moments, however, came when prosecutors displayed a large picture of Jackson’s gaunt, lifeless body on a hospital gurney and played the sound of his drugged, slurred voice, as recorded by Murray just weeks before the singer’s death.

Jackson talked about plans for a fantastic children’s hospital and his hope of cementing a legacy larger than that of Elvis Presley or The Beatles.

“We have to be phenomenal,” he said about his “This Is It” concerts in London. “When people leave this show, when people leave my show, I want them to say, ‘I’ve never seen nothing like this in my life. Go. Go. I’ve never seen nothing like this. Go. It’s amazing. He’s the greatest entertainer in the world.’”

Throughout the trial, Jackson family members watched from the spectator gallery, fans gathered outside with signs and T-shirts demanding, “Justice for Michael,” and an international press corps broadcast reports around the world. The trial was televised and streamed on the Internet.

Prosecutors portrayed Murray as an incompetent doctor who used the anesthetic propofol without adequate safeguards and whose neglect left Jackson abandoned as he lay dying.

Murray’s lawyers sought to show the doctor was a medical angel of mercy with former patients vouching for his skills. Murray told police from the outset that he gave Jackson propofol and other sedatives as the star struggled for sleep to prepare for his shows. But the doctor said he administered only a small dose on the day Jackson died.

Lawyers for Murray and a defense expert blamed Jackson for his own death, saying the singer gave himself the fatal dose of propofol while Murray wasn’t watching. A prosecution expert said that theory was crazy.

Murray said he had formed a close friendship with Jackson, never meant to harm him and couldn’t explain why he died.

The circumstances of Jackson’s death at the age of 50 were as bizarre as any chapter in the superstar’s sensational life story.

Jackson was found not breathing in his own bed in his rented mansion after being dosed intravenously with propofol, a drug normally administered in hospitals during surgery.

The coroner ruled the case a homicide and the blame would fall to the last person who had seen Jackson alive – Murray, who had been hired to care for the singer as the comeback concerts neared.

Craving sleep, Jackson had searched for a doctor who would give him the intravenous anesthetic that Jackson called his “milk” and believed to be his salvation. Other medical professionals turned him down, according to trial testimony.

Murray gave up his practices in Houston and Las Vegas and agreed to travel with Jackson and work as his personal physician indefinitely.

For six weeks, as Jackson undertook strenuous rehearsals, Murray infused him with propofol every night, the doctor told police. He later tried to wean Jackson from the drug because he feared he was becoming addicted.

Jackson planned to pay Murray $150,000 a month for an extended tour in Europe. In the end, the doctor was never paid a penny because Jackson died before signing the contract.

During the last 24 hours of his life, Jackson sang and danced at a spirited rehearsal, reveling in the adulation of fans who greeted him outside. Then came a night of horror, chasing sleep – the most elusive treasure the millionaire entertainer could not buy.

Testimony showed Murray gave Jackson intravenous doses that night of the sedatives lorazepam and midazolam. Jackson also took a Valium pill. But nothing seemed to bring sleep.

Finally, Murray told police, he gave the singer a small dose of propofol – 25 milligrams – that seemed to put him to sleep. The doctor said he felt it was safe to leave his patient’s bedside for a few minutes, but Jackson was not breathing when he returned.

Witnesses said he was most likely dead at that point.

What happened next was a matter of dispute during the trial. Security and household staff described Murray as panicked, never calling 911 but trying to give Jackson CPR on his bed instead of the firm floor.

A guard said Murray was concerned with packing up and hiding medicine bottles and IV equipment before telling him to call 911. Prosecutors said Murray was distracted while Jackson was sedated, citing Murray’s cell phone records to show he made numerous calls.

Authorities never accused Murray of intending to kill the star, and it took eight months for them to file the involuntary manslaughter charge against him. It was the lowest possible felony charge involving a homicide.

There was no law against administering propofol or the other sedatives. But prosecution expert witnesses said Murray was acting well below the standard of care required of a physician.

They said using propofol in a home setting without lifesaving equipment on hand was an egregious deviation from that standard. They called it gross negligence, the legal basis for an involuntary manslaughter charge.

The defense team countered with its own expert who presented calculations suggesting that Jackson gave himself the fatal dose.

In closing arguments, the prosecutor said the mystery of what happened behind the closed doors of Jackson’s bedroom on the fatal day probably would never be solved.

Rita Corbin of Hinsdale, N.H., was being treated for serious injuries at University of Massachusetts Medical Center in Worcester.

This is an updated version of a story posted at 11:45 this morning.

NORTHAMPTON - The Northwestern District Attorney's office Monday released the name of the person killed in a two-car crash on Route 10 in Bernardston Sunday afternoon.

Daniel Bliss, 17, of Brattleboro, Vt., was operating a Subaru Outback when it merged from Mount Herman Station Road (Route 142) heading south onto Route 10, where it was struck broadside by an SUV traveling south on Route 10, according to Mary Carey, a spokesman for the district attorney's office. A passenger in the car that Bliss was driving, Rita Corbin, of Hinsdale, N.H., was still being treated for serious injuries at the University of Massachusetts Memorial Medical Center in Worcester.

Five people in the SUV, including the driver, Nichole Trovato, 19, of West Townsend, Mass., were transported by ambulances to Brattleboro Memorial Hospital, in Brattleboro, where they were treated and released.

Bernardston police initially responded. Assistance at the scene was provided by Trooper Dave Sanford of the state police collision analysis and reconstruction section and Trooper Erin Karella of the state police crime scene services section in Springfield.

Members of the Bernardston and Northfield Fire Departments also assisted, Carey said.

The accident remains under investigation.

Through a variety of fund-raisers the group fulfilled a request for $9,960.58 -- down to the penny.

SOUTH HADLEY – The South Hadley Music Parents Association has donated almost $10,000 to the South Hadley High School Music Department this fall.

Through a variety of fund-raisers, including a motorcycle tour of the Pioneer Valley led by Music Parents president Leo Deschenes, the group fulfilled a request for $9, 960.58 – down to the penny.

The money paid for a color guard advisor, drill writer, and music and percussion arrangers for the school’s Marching Band, and a director and (orchestra) pit director for the Show Choir.

Deschenes said the music program deserves every bit of support it gets.

The Marching Band always welcomes kids who might not fit into other extracurricular programs, he said. “I’ve seen many kids come into the program shy and not confident,” he said, “and by the end of the year they are supremely confident – an entirely different child.

“The shows are tremendous, and the arrangements are phenomenal,” said Deschenes, whose son plays drums in the band and whose daughter plays trumpet.

The core group of Music Parents includes Ray Rioux, Angela McKenna, Gail Whelihan and Leo’s wife and “co-president,” Anne Deschenes.

An additional half-dozen parents pitch in when needed to shuttle musical instruments to games or competitions and carry them on and off the field, said Beth Ayn Curtis choral and band director at South Hadley High School.

“Without them, our programs would not be as successful as they are,” said Curtis.

Successful indeed. The kids in the band win prize after prize, said Deschenes, even when they have to travel in a bus all day to a competition.

“South Hadley should be proud of them,” he said. “These kids are phenomenal. These are the ones you want representing South Hadley.”

In a national ad for a new superintendent, the school department promotes its band even ahead of its formidable athletic teams, describing it as an “extraordinary Marching Band, winners of state and New England USSBA Championships for many years.” (USSBA stands for the U.S. Scholastic Band Association.)

The Music Parents Association goes back at least 30 years, said Curtis. Before 1999, they were known as the Band Parents.

The group meets once a month and works closely with Curtis to find out what is needed. Their fund-raising includes selling popcorn, soda and water during football games, at summer concerts and on the Fourth of July.

Deschenes, a motorcyclist, came up with the motorcycle trip, which took participants from the high school to Sunderland to Buttery Brook Park – on the day storm Irene was forecast! – followed by a party and raffle.

Ten people signed up, but that single event raised $1,750, thanks to donations from Kohl’s, Berkshire Bank and Beers and Storey Funeral Home.

To contact the Music Parents, email: kingneptune@juno.com.

13.2 million Bank of America customers who had debit cards overdrafts between January 2001 and May 2011 will get some payment.

Associated PressThis photo taken Oct. 14, 2011, shows a customer at a Bank of America ATM in Hialeah, Fla. Bank of America Corp. is scrapping its plans to charge a $5 monthly debit card fee. The bank's decision to drop the fee came after a roar of customer outrage in recent weeks over the fee.

MIAMI (AP) — A federal judge on Monday gave final approval to a $410 million settlement in a class-action lawsuit affecting more than 13 million Bank of America customers who had debit card overdrafts during the past decade.

Senior U.S. District Judge James Lawrence King said the agreement was fair and reasonable, even though it drew criticism from some customers because they would only receive a fraction of what they paid in overdraft fees. The fees were usually $35 per occurrence.

"It's really undisputed that this is one of the largest settlements ever in a consumer case," said Aaron Podhurst, a lead attorney for the customer class.

The settlement became final a week after Charlotte, N.C.-based Bank of America backed off a plan to charge a $5 monthly fee for debit-card purchases. The outcry prompted other major banks, including JPMorgan Chase & Co. and Wells Fargo & Co., to cancel trial tests of their own debit card fees.

Bank attorney Laurence Hutt said 13.2 million Bank of America customers who had debit cards between January 2001 and May 2011 would get some payment. Those who still have accounts would get an automatic credit and the others would get a check mailed to them. No one would have to take any action or fill out any paperwork.

Barry Himmelstein, an attorney for customers who objected to the deal, said he calculated that the bank actually raked in $4.5 billion through the overdraft fees and was repaying less than 10 percent. He said the average customer in the case had $300 in overdraft fees, making them eligible for a $27 award — less than one overdraft charge — from the lawsuit.

"It's $4.5 billion that's gone missing from people's accounts," Himmelstein said.

Hutt said only 46 customers filed formal objections to the settlement and 350 decided to opt out, meaning they could take separate legal action on their own.

"It's very easy for people to say on the sidelines, 'I could do better,'" Hutt said. "Never is a settlement at 100 percent of what somebody thinks they can receive at trial. It's always a compromise."

Customers will receive a minimum of 9 percent of the fees they paid through the settlement, Hutt added. The bank has already paid the money into an escrow account.

The lawsuit claimed that Bank of America processed its debit card transactions in the order of highest to lowest dollar amount so it could maximize the overdraft fees customers paid. An overdraft occurs when the account doesn't have enough money in it to cover a debit card transaction. Similar lawsuits have been filed against more than 30 other banks.

Despite the settlement, Bank of America insists there was nothing improper about the processing sequence. New regulations enacted following the recent financial crisis prohibit banks from charging overdraft fees on debit cards without first getting customer permission.

Many of the objections concerned the fees for the team of class-action attorneys, which would amount to about $123 million. Lawyers for people opposed to the settlement said that amount should be cut down by at least $50 million, with the money going back to the wronged customers.

"The best use is to provide compensation to the class members," said Elliott Kula, who represents some of the objectors.

But King sided with the plaintiffs' attorneys, noting that they spent thousands of hours on the case and achieved "a superb result" for the customers.

"I don't see anything about this case that's simple or garden variety," the judge said.

Another complaint concerned missing records for customers from 2001 through 2003, which has made them impossible to identify. The settlement will take about 14 percent of the total — representing an estimate for the fees paid by those customers — and put the money into nonprofit financial literacy programs.

In addition, the 32 original named plaintiffs who represented the larger class will get bonuses of up to $5,000 each, $2,500 each if both plaintiffs are a married couple.

A jury pool of 63 was not enough to secure the 12 jurors and two alternative necessary to begin the trail.

Photos by Dave Roback / The RepublicanBrothers Kenneth, left, and Patrick Jean-Babets are seen in Franklin Superior Court on Monday.

GREENFIELD - Kenneth and Patrick Jean-Babets will have to wait another day for the start of their trial on attempted murder and other charges as the court failed to seat a full jury.

A jury pool of 63 was not enough to secure the 12 jurors and two alternative necessary to begin the trail.

Kenneth Jean-Babets, 26, and brother Patrick, 24, are accused of storming the Sunderland police station in an effort to free a third brother, Steven Jean-Babets. In the course of the Feb. 21 incident, they attacked Police Chief Jeffrey Gilbert and officer Gary Sibilia, according to prosecutors.

At a dangerousness hearing for the defendants in March, Gilbert and Sibilia testified that defendants arrived at the station after Gilbert had called to inform them he had Steven Jean-Babets in custody for a traffic violation and a marijuana charge.

Kenneth said, "You have something of mine," referring to the marijuana, and said he would kill Gilbert and his family, according to Gilbert. Kenneth and Patrick Jean-Babets then entered the station and attacked the officers. Gilbert said he saw a knife in Kenneth's hand and knocked it to the floor while fending off punches.

The officer subdued the two and took them into custody. After the fight, Sibilia asked Steven Jean-Babets why his brothers had acted that way and he replied, "Because they love me," according to his testimony at the dangerousness hearing. Kenneth and Patrick Jean-Babets were ordered held without right to bail pending their trial.

Prior to jury selection, Judge Richard Carey denied a defense motion for a change of venue. Kenneth Jean-Babet's lawyer, Barry Auskern, argued that comments posted on local media Web sites about the case indicate a bias among potential jurors. Prosecutor Jeremy Bucci told Carey that the comments, which are mostly posted under pseudonyms, could have come from anywhere.

Kenneth, Patrick and Steven Jean-Babets and a fourth brother are all biological siblings who were taken away from their birth parents at an early age by the state Department of Social Services. Like their biological parents, the brothers all have mental health issues, according to their defense lawyers.

The four brothers were all adopted by David Jean and Donald Babets, who had sued the state over its foster care regulations that they said discriinated against gay parents in a same sex relationship. The suit paved the way for gay couples to adopt in Massachusetts.

Trial is expected to begin on Tuesday after jury section is complete.

The town’s intent is to restore these properties to the tax rolls.

The Republican/Mark MurrayFile photo. Paul T. Zekos, auctioneer from The Zekos Group of Shrewsbury, goes over details at a public auction of properties held at the Palmer Town Building in January 2011.

WARE – The town of Ware will hold a municipal auction on Thursday featuring seven properties, including two homes.

The auction is being run by The Zekos Group, of Shrewsbury, and will begin at 11 a.m. at the Town Hall at 126 Main St. Bidder registration starts at 10:30 a.m. A list of the properties being auctioned can be found on the Zekos Group’s website, zekosgroup.com

Paul T. Zekos, president of The Zekos Group, said all the properties are town-owned, and were taken by the town for non-payment of real estate taxes.

The properties are as follows: seven parcels on Coffey Hill Road totaling 10 acres with about 1,050 feet of frontage; three parcels on Old Belchertown Road totaling approximately three acres; a five bedroom, two-family, 2,450-square-foot Victorian-style home at 9 Cottage St. on .22 acres; a 1,600-square-foot single-family home at 33 Vigeant St.; a 34,176-square-foot parcel on Monson Turnpike Road; a 6,969-square-foot parcel at 108 Gilbertville Road; and a small parcel on West Warren Road with 72 feet of frontage.

Zekos said the town is not putting minimum bids on the homes. He said the Victorian has great potential for someone who wants to restore it to its original grandeur. Its total assessed value is $86,100, according to town records.

The Vigeant Street home, he said, is in poor condition. Its assessed value is $101,600. It may have to be torn down, or completely rehabilitated, he said.

The parcels on Coffey Hill Road, assessed at $78,000, had been subdivided at one time, and Zekos said they still appear to meet frontage and size requirements to be developed.

The Old Belchertown Road property has been assessed at $49,700; two of the parcels have frontage on Moriarty Road.

The parcels on Monson Turnpike Road (assessed at $52,300), Gilbertville Road ($54,100) and West Warren Road ($9,800) are properties that abutters may want to pick up, Zekos said. A deposit of $1,000 is needed to bid on the properties on Monson Turnpike, Gilbertville and West Warren roads; the other four require $2,500 deposits.

Zekos urges potential bidders to do their homework on the sites.

“The bottom line is, it’s a buyer’s market right now. These auctions really present excellent opportunities for buyers to evidence a bid at an amount their comfortable with,” Zekos said. “The town is very serious about selling all these properties and restoring these properties to the tax rolls.”

Past auctions conducted by Zekos over the last six years, “in better times,” generated approximately $2 million for the town, he said.

The Roman Catholic Diocese of Springfield has hired CBT Architects of Boston to work on rebuilding the school, which was damaged in the June 1 tornado.

File photo by Mark M. Murray / The RepublicanCathedral High School in Springfield is seen in July, about a month after it was severely damaged in the June 1 tornado.

SPRINGFIELD – Architects working on rebuilding Cathedral High School at Surrey Road will spend the next two months analyzing whether portions of the severely damaged school can be renovated and re-used or whether the entire structure should be demolished to make way for new construction.

“It will be very important to determine what sections are safe and able to be used,” said Charles Tseckares, a principal at CBT Architects of Boston, which has been chosen by the Roman Catholic Diocese of Springfield as the architectural firm for the project.

Tseckares said the goal is to have a school building ready for use in the fall of 2013, something that will require his firm and a construction crew “to work hard and aggressively.”

The Surrey Road building was home to Cathedral High School and St. Michael’s Academy Middle School until it was severely damaged in the June 1 tornado.

The high school, which has an enrollment of 350, is now housed at the former Memorial School in Wilbraham, and the middle school has temporarily moved in with the city’s Catholic elementary school at the former Holy Cross School building on Eddywood Street.

The middle school has an enrollment of just under 300, and there are about 350 children attending the elementary school portion of St. Michael’s Academy.

Franciscan Sister of St. Joseph M. Andrea Ciszewski, the diocesan superintendent of schools, introduced Tseckares as the lead architect for the rebuilding project Monday during a press conference at the Diocesan Pastoral Center.

“We are really excited about this,” Ciszewski said, describing Cathedral High School as a real landmark which has been important to the East Forest Park neighborhood since the building was constructed in the 1960s.

CBT has experience in the design and re-design of school facilities as well as major commercial buildings.

Tseckares said that while it is possible that the concrete floors and columns of the building can remain intact for re-use, school officials and teachers would also have to decide whether a renovated building will meet the educational needs and goals of the future or whether demolition and new construction would be better.

He said that in the next two-to-three months his firm will be able to let school officials know whether the existing building can meet structural requirements for the future, and, if that is the case, a decision will be made on whether it can meet educational goals.

Renovation, new construction and something in between will all be considered, Tseckares said.

The diocese also announced that Chester Clark will serve as its construction manager for the project. Clark previously worked on the construction of Holyoke Catholic High School in Chicopee and the work done two years ago to rebuild a section of Cathedral High School for St. Michael’s Academy Middle School.