State police said the shooting happened at 46 Crestview Lane, a residence located in the city's Meadowbrook Village housing complex.

Republican file photo

Updates a story posted at 9 a.m. Wednesday, Dec. 21.

FITCHBURG — State police, probing a potentially fatal shooting here, asked the Federal Aviation Administration to impose a temporary flying restriction over the crime scene as they searched for the shooter Wednesday morning.

Authorities said they were notified of the shooting at 46 Crestview Lane just after 8 a.m.

State police, in a press release, have asked the media to refrain from any live shots from the airspace over the scene while they attempt to secure a formal flying ban from the FAA.

“We are making this request in the interest of tactical, operational, and officer security reasons,” the release states, asking the media to voluntarily comply until the order is granted.

The shooting suspect is believed to be barricaded inside a unit at the Meadowbrook Village housing complex on Crestview Lane, according to the Fitchburg Sentinel & Enterprise.

Additional information was not immediately available.

The new tax rate means that the average homeowner will pay $302 more in the coming fiscal year.

WILBRAHAM - The fiscal 2012 tax rate has been approved by the Massachusetts Department of Revenue at $18.05 per $1,000 of assessed valuation, Assistant Assessor Manuel D. Silva said.

He said the new tax rate is $1.39 over the previous year.

The single rate of $18.05 applies to all classes of real property, commercial and industrial as well as residential property, Silva said.

The average home in town is assessed at $290,100, Silva said. On that home, the tax bill for fiscal 2012 will be $5,236, Silva said.

Last year the average home was assessed at $297,400. The average tax bill last year was $4,954, Silva said, an increase of $302, or 5.8 percent.

Silva said that $180 of the increase is a result of the debt exclusion override for the new Minnechaug Regional High School which was approved by the voters.

Other increases are the result of the budget approved at the annual Town Meeting in the spring, reduced property values which are being felt throughout the region and adjusted property values as a result of the tornado.

Silva said tax bills will be mailed out at the end of December. He said payments as well as applications for abatements are due by Feb. 1, 2012.

A report revealed that a company controlled by Romney's Bain Capital closed plants in New Hampshire and South Carolina as it shipped other jobs overseas.

Associated PressRepublican 2012 presidential candidate, Former Utah Gov. Jon Huntsman, facing center, greets employees as they head into work at BAE Systems in Nashua, N.H., Tuesday, Dec. 20, 2011.

WASHINGTON (AP) — Republican presidential candidate Jon Huntsman's campaign says jobs lost at a company managed by rival Mitt Romney counter his claims of being a job creator.

Huntsman's campaign and allies said Wednesday that Romney left more than 100 people jobless in New Hampshire while the company Romney ran reaped millions in profits.

An Associated Press report this week revealed that The Holson Burnes Group, which was controlled by Romney's Bain Capital LLC, closed plants in New Hampshire and South Carolina as it shipped other jobs overseas.

Bain eventually reaped more than $22 million in profits.

Romney's campaign says he ultimately created tens of thousands of jobs during his time at Bain. The former Massachusetts governor is spending the next several days on a bus tour of New Hampshire.

Hoffman, of Hatfield, who was placed on administrative leave with pay in October by the state, was charged with two counts of obstruction of justice.

File photo / Associated PressU.S. Attorney Carmen M. Ortiz speaks at a press conference in Boston earlier this year. (Photo by Elise Amendola)

BOSTON - The acting chief probation officer of the Hampshire Superior Court was charged Wednesday in federal court with intimidating and harassing a witness in an attempt to obstruct a federal investigation into hiring practices within the state probation department, the U.S. attorney in Boston said.

Amid a federal investigation into the state probation department, Christopher J. Hoffman is charged with telling a probation officer whom he supervised something to the effect of, “I’m going to tell everyone that you are a rat.”

Hoffman, 39, of Hatfield, who was placed on administrative leave with pay in October by the state, was arrested this morning and charged in a criminal complaint with two counts of obstruction of justice. He will appear in U.S. District Court in Worcester later today.

The complaint alleges that on Oct. 18 and 19, Hoffman – in his capacity as
acting chief probation officer of the Hampshire Superior Court in Northampton – made threatening and intimidating remarks to Maureen Adams, a probation officer under his supervision.

On Oct. 19, Adams was scheduled to be interviewed by the Federal Bureau of Investigation in connection with the federal investigation into the alleged fraudulent hiring practices at the state Office of the Commissioner of Probation.

Adams told Hoffman about her impending interview because
it required her absence from work. It is alleged that Hoffman’s remarks included statements to the effect of: “I’m going to tell everyone that you are a rat.”

Hoffman also allegedly made misleading statements regarding his relationship with retired Deputy Commissioner William H. Burke III of Hatfield, a press release said.

It is alleged that Adams believed Hoffman’s remarks were intended to be intimidating and influence her statements to the FBI, the release said.

If convicted on these charges, Hoffman faces up to 20 years in prison, to be followed by
three years of supervised release and a $250,000 fine for intimidating a witness. Hoffman faces up to three years in prison, to be followed by one year of supervised release and a $250,000 fine for harassment of a witness, the release said.

U. S. Attorney Carmen M. Ortiz and Richard DesLauriers, special agent in charge of the FBI in Boston, made the announcement today.

Attorney General Martha M. Coakley has said her office has an active and ongoing investigation that recently resulted in indictments against the former probation commissioner.

In September, Coakley announced indictments of former commissioner John J. O’Brien, and the chief of staff to former state Treasurer Timothy P. Cahill, on charges they conspired to organize a campaign fundraiser for Cahill in 2005 in exchange for getting O'Brien's wife a job at the state Lottery.

Criminal Complaint Against Former Hampshire Acting Chief Probation Officer Christopher Hoffman

More details coming in The Republican.

The nation as a whole experienced its slowest population growth since before the baby boom in the mid-1940s, the census bureau said.

BOSTON - Massachusetts’s population is growing faster than any other state in the Northeast, according to the first set of population estimates released by the U.S. Census Bureau since official state counts were unveiled a year ago.

The nation as a whole experienced the slowest population growth since before the baby boom in the mid-1940s, the census bureau said.

Massachusetts added 39,907 people since April 1, 2010 to bring the population to 6,587,536, up just 0.6 percent, but higher than any other New England state or New York, New Jersey or Pennsylvania, according to the census bureau.

The only three states to lose population between April 1, 2010 and July 1 were Rhode Island, down 1,300 or 0.12 percent, Michigan, down 7,400 or 0.08 percent, and Maine, down 200 or 0.01 percent.

The Sun Belt gained the most people over the period.

The fastest growing states in order were Texas, California, Florida, Georgia and North Carolina, the census said. Combined, these five states accounted for slightly more than half the nation’s total population growth, as the trend of the last decade continued.

The United States as a whole saw its population increase by 2.8 million over the 15-month period, to 311.6 million. Its growth of 0.92 percent between April 1, 2010 and July 1 was the lowest since the mid-1940s, the census bureau said.

New York grew by 0.4 percent; New Jersey and Pennsylvania, 0.3 percent each; Connecticut, 0.2 percent, New Hampshire and Vermont, 0.1 percent each, according to the census statistics.

Census Bureau Director Robert Groves said, “Our nation is constantly changing and these estimates provide us with our first measure of how much each state has grown or declined in total population since Census Day 2010.”

Two high school students believed to be responsible have been cooperating with police.

03.09.11 | Photo by Julian Feller-Cohen – A Belchertown Police cruiser.

BELCHERTOWN – No injuries were reported Tuesday afternoon in what police believe to be an accidental shooting that shattered two windows on a school bus as it ferried children home from school on State Street.

Police Officer John Raymer said none of the elementary school children were injured, even though the seats next to both of the windows were occupied when projectiles, believed to be BBs or pellets, partially shattered the windows.

Raymer said two high school students believed to be responsible for the shooting have been cooperative with police, “Right now it appears to be an accident,” Raymer said. “We are trying to get more information before we make a decision. As of now, it doesn’t appear to be a random act of violence.”

The bus driver heard the windows break in the area of 420 State St. and continued on for the safety of the children before pulling over onto Henry Drive, Raymer said. It was reported shortly after 3:30 p.m.

School Superintendent Judith Houle said the school children were safely transferred to another school bus without further incident.

Houle said the bus had been driving south on State Street and that the windows shot were on the driver’s side.

Raymer said that a witness saw the two high school students with what appeared to be a BB or pellet gun in a wooded area near the scene and managed to obtain one of their last names.

That led police to the home of one of the suspects which is located in the neighborhood, Raymer said. One of the students attends Belchertown High School and the other, Pathfinder Regional High School.

Raymer said he is seeking to talk with all of the pupils who were riding on the bus as part of their investigation. Parents are asked to call him at (413) 323-6685.

More than two dozen anonymous donors, "layaway angels" as they're being called, have walked into Kmart, Walmart and Toys "R" Us stores across Connecticut and paid off layaway balances.

Associated Press photoThis undated photo obtained from a Facebook page shows missing toddler Alya Reynolds. Click on the link, above right, for a report from the Boston Herald about the search for the Maine girl.

• Western Massachusetts Electric Company will not reimburse customers for loss of food following storm [WWLP-TV, 22 News, Chicopee]


• Missing Maine toddler's father says he has no idea what happened to daughter [Boston Herald]


• South Korea in furor over intelligence vacuum on Kim Jong il's death [Christian Science Monitor]


• Secret Santas paying customers layaway balances across Connecticut [Hartford Courant]


• Valet services allegedly flout Boston's parking regulations [Boston.com]


• Scientists blame flu for 5 of 162 harbor seals found dead on Cape Cod [Cape Cod Times]


• National retailer to anchor shopping complex at former GE site in Pittsfield [Berkshire Eagle]


• Rebel mailman break dress code, dons Santa Claus suit [WHDH-TV, Channel 7, Boston]


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


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Councilor Marilyn Devaney criticized the secrecy of the judicial nominating process as the governor's chief legal counsel, Mark Reilly, looked on silently.

By MATT MURPHY

BOSTON – Springfield attorney John Ferrara was easily confirmed on Wednesday to the Superior Court bench, but not before several Governor’s Council members questioned why the application for judicial appointments has been repeatedly altered to require varying degrees of disclosure surrounding applicants’ criminal histories.

John S. Ferrara

The eight-member council voted 6-1 to confirm Ferrara to a vacant seat with Councilor Mary-Ellen Manning casting the lone dissenting vote. The Council also took a second crack at interviewing Mary O’Sullivan Smith, the governor’s controversial pick for the Barnstable County Juvenile Court who faced rejection after a deadlocked 3-3 vote before Gov. Deval Patrick withdrew and resubmitted her nomination.

Several of the councilors praised Ferrara’s qualifications, and applauded Ferrara for disclosing a 38-year-old drunk driving conviction when asked about his criminal background during last week’s confirmation hearing.

Councilor Jennie Caissie, however, said she was disturbed to find out after doing her own research that the application for judicial appointments to the governor’s Judicial Nominating Commission has been changed multiple times since November 2010 to “dumb down” requirements for candidates to disclose past arrests and convictions.

“It appears to me that somebody either on the JNC or somebody involved with the JNC is playing a game of political twister to benefit certain people and I think it’s unfortunate that John Ferrara got caught in those crosshairs,” Caissie said.

Jennie Caissie

Caissie said that applications used to require judicial aspirants to disclose past arrests and convictions for breaking federal, state or local laws. In November 2010, she said, the application was simplified to ask whether nominees had ever been a party to legal proceedings other than in their professional capacity as an attorney.

By the time Ferrara filled out his application, Caissie said the application had changed again, requesting disclosure of only civil court proceedings that allowed Ferrara to omit his operating-under-the influence charge when he was 21. The word “civil” has once again been removed from the questionnaire, said Caissie, who has requested an explanation from the Judicial Nominating Commission.

Caissie, who supported Ferrara’s nomination, said she would give the attorney the benefit of the doubt, but Manning went so far as to suggest in an interview after the vote that Ferrara played a role in having the application changed to help him avoid revealing his past arrest.

“There are no coincidences here at the State House. While it is the Christmas season and I believe in miracles I do not believe in miracles here at the State House,” Manning said.

The News Service called Ferrara’s office but was not able to reach him to react to Manning’s assertion.

Councilor Thomas Merrigan said the question changes were not the result of “nefarious skullduggery” but were necessitated by the state’s Criminal Offender Records Information laws. Manning, however, contended Patrick is exempt from those rules, and suggested other questions on the judicial application “would be illegal in any other setting.”

Thomas Merrigan

Responding to Merrigan, who said that the governor’s legal counsel conducts background checks on all nominees, Councilor Marilyn Devaney criticized the secrecy of the judicial nominating process as the governor’s chief legal counsel, Mark Reilly, looked on silently.

“The governor’s legal counsel has far too much power to know information that the JNC and this body do not know about and that is a recipe for bad government,” Devaney said.

Prior to voting to confirm Ferrara, the council spent nearly an hour interviewing Smith, the director of the juvenile justice program in the Plymouth County District Attorney’s office, for the second time. After an initial 3-3 tie vote, Councilors Charles Cipollini and Terrence Kennedy both said they would vote in favor of Smith’s confirmation again, and Merrigan said he too would support Smith after missing the first vote.

Councilor Christopher Iannella was the other councilor who supported Smith in the first round of voting, but gave no indication either way on Wednesday how he would vote this time.

Caissie, who was not present for her first interview, asked the bulk of the questions, apologizing first for wrongly accusing Smith of violating an executive order preventing judicial applications from making political donations, though she said she still believed the nominee “violated the spirit” of the order through donations from her husband.

Caissie spent the bulk of her time questioning Smith on her duties as a part-time supervisor of juvenile court assistant district attorneys and her lack of experience trying juvenile court cases since the passage of the Juvenile Justice Reform Act.

Smith called her courtroom experience “very translatable” to juvenile court, and noted how she supervises nearly every aspect of the handling of juvenile cases in Plymouth County.

“I just want to reiterate my commitment to the juvenile justice system and I have spent the last 14 years working within the juvenile justice system. I don’t think the fact that I do the work that I do on something less than full time diminishes my qualifications,” Smith said.

Devaney, who voted against Smith’s initial nomination, told Smith that she liked her personally, but questioned her experience in juvenile court and her dedication given the fact that she only works 22.5 hours per week in her current position.

“I know there must be hundreds of people much more qualified. Why didn’t you apply for clerk magistrate?” Devaney said.

The Watertown Democrat also called Plymouth County District Attorney Timothy Cruz, a Republican, “unethical” for accepting contributions from Smith’s husband and other judicial candidates and then recommending their confirmation.

“People went to prison years ago for selling judgeships. Sometimes I don’t think we’re that far away,” Devaney said.

Despite a motion from Cipollini to take a vote on Smith’s nomination immediately Wednesday, Lt. Gov. Timothy Murray ruled that a vote was not on the agenda and would be taken up on Jan. 4 when the council next meets.

Oracle Corp. plunged almost 14 percent after the business software company said it was struggling to close deals.

By JOSHUA FREED | AP Business Writer

Associated PressThe Oracle SPARC SuperCluster is shown at a news conference at Oracle headquarters in Redwood City, Calif. Oracle Corp.'s quarterly financial results disappointed investors, causing the company's stock to drop 14 percent on Wednesday. (AP Photo/Paul Sakuma, File)

Technology stocks fell Wednesday, dragged down by a weak earnings report from the business software maker Oracle Corp.

Broad market indexes were flat. The Dow Jones industrial average eked out a gain of 4 points after having been down most of the day.

The Dow was down 104 points at midday, led by technology stocks. The rare earnings miss by Oracle raised worries that weak government and business spending might hurt other big technology companies. IBM Corp. was by far the biggest loser in the Dow, falling 3.1 percent to $181.47.

Investors also had more to worry about from Europe. New data showed extensive lending from the European Central Bank to European banks. The initial reaction to the $639 billion in lending by the ECB was positive, but then worry set in that Europe's banks needed so much help in the first place.

"Long-term, people were a little bit concerned that banks needed more money than we thought they did," said Joe Bell, a senior equity analyst with Schaeffer's Investment Research.

The Dow edged up 4.16 points, less than 0.1 percent, to close at 12,107.74. On Tuesday the Dow jumped 337 — its biggest gain this month — on good economic news from Europe and a surge in new home construction in the U.S.

The Standard & Poor's 500 rose 2.42 points, or 0.2 percent, to 1,243.72. Outside of the 2 percent decline for technology companies, prices rose or were flat in the rest of the S&P 500's 10 sectors.

The Nasdaq composite fell 25.76 points, or 1 percent, to 2,577.97.

Oracle Corp. plunged almost 14 percent after the business software company said it was struggling to close deals. The results seemed to reinforce worries that businesses and the government may cut back on technology spending. Especially worrying was a weak 2 percent gain in new software licenses, a key sign of demand from other businesses. Oracle had predicted gains of as much as 16 percent.

Consumer staples rose with help from a 1.7 percent increase by Coca-Cola Co. and a gain of 1.2 percent at Kraft.

Nike Inc. rose 2.9 percent after reporting strong demand and higher prices for its shoes and clothing.

Volume was much lower than usual at 3.5 billion shares, which can make prices more volatile.

Associated PressThe Oracle SPARC SuperCluster is shown at a news conference at Oracle headquarters in Redwood City, Calif. Oracle Corp.'s quarterly financial results disappointed investors, causing the company's stock to drop 14 percent on Wednesday, Dec. 21, 2011. (AP Photo/Paul Sakuma, File)

Both Holyoke and Mercy Medical Centers are considered safety-net hospitals because of the low-income population they serve.

File photos | The RepublicanHolyoke Medical Center, top, and Mercy Medical Center in Springfield will be eligible for a combined $70 million in payments as a result of the new federal Medicaid waiver agreement.

HOLYOKE – The new federal Medicaid waiver agreement means two local medical centers will be eligible for a combined $70 million in payments, U.S. Rep. Richard E. Neal said Wednesday.

Neal, D-Springfield, made the announcement at a press event in the lobby of Holyoke Medical Center, which will be eligible for $24.5 million over a three-year period.

He said Mercy Medical Center in Springfield will be eligible for $45.6 million over a three-year period.

The federal government just approved a plan that extends Medicaid funding for the state’s innovative health insurance law through mid-2014 and shifts the way hospitals that treat a large portion of poor patients are paid for their care.

Gov. Deval Patrick said the agreement will help the state move ahead with plans to overhaul the way it pays for health care coverage.

The three-year, $26.7 billion Medicaid waiver is a $5.7 billion increase over the previous waiver.

Both Holyoke and Mercy Medical centers are safety-net hospitals eligible for the federal funding, Neal said.

Richard Neal

“This is no small matter,” Neal said to staff of Holyoke Hospital gathered around him as he made the announcement. “This is really good news for all of you. I think it comes at the right time.”

Mercy Medical Center President and CEO Daniel P. Moen said, “This is about bringing resources to this region.”

He promised “exciting things in the future,” such as further integration of physical and behavioral health; management of care across the continuum; and acute care, post-acute care, home care.

“This is all about mission. This is all about finding a better way to take care of patients and improving the system going forward,” Moen said.

Holyoke Medical Center President and CEO Hank J. Porton said, “We really serve a very desperate community” with many people coming to the hospital’s emergency room.

The $25 million will help the center continue providing critical services to patients and “begin to transition into a different kind of health care environment.”

Porton said “We have to find a way to take care of the people, meet their needs, more efficiently, less costly....This money helps us survive.”

Statewide, the $26.75-billion deal, the result of a year and a half of negotiations, includes $120 million in new federal funding to change the way safety-net hospitals are paid, moving them toward a system in which they are given a set budget to treat Medicaid patients.

Other hospitals eligible for the program are Boston Medical Center, Cambridge Health Alliance, Brockton Hospital, and Lawrence General Hospital.

Thirty-six year-old Marie Joseph died in the pool June 26.

View full sizeAssociated PressThis Sunday, June 26, 2011 photo provided by Candella Matta shows Marie Joseph, foreground, holding family friend Dalianys Melendez, daughter of Candella Matta, in the public swimming pool at Lafayette Park in Fall River, Mass. The body of Marie Joseph, 36, was found floating in the pool late Tuesday. She was last seen at the pool Sunday and had not been seen since. Officials are investigating whether her body was in the pool for more than two days while other people continued to swim. (AP Photo/Candella Matta)

BOSTON (AP) — Two former state workers will face criminal complaints in connection with the death of a woman who wasn't found for two days after drowning in a murky Fall River swimming pool.

Bristol District Attorney Sam Sutter said charges of reckless endangerment of a child will officially be lodged against former Department of Conservation and Recreation Regional Director Brian Shanahan and former district manager Jeff Carter.

Thirty-six year-old Marie Joseph died in the pool June 26. Officials have said Shanahan and Carter shouldn't have kept the pool open the following two days, when the water was too cloudy for safe operation.

Last month, a magistrate said charges shouldn't go forward. But on Wednesday a judge said probable cause exists to formally charge Shanahan and Carter. The two couldn't immediately be reached for comment Wednesday.

In Massachusetts, the median price of single-family homes declined 8 percent from $295,000 in November 2010 to $271,000 last month, The Warren Group said.

View full size

SPRINGFIELD – Sales of single-family homes rose 28 percent across the Pioneer Valley in November, according to statistics released Wednesday by the Realtor Association of Pioneer Valley.

There were 279 single-family homes sold in November 2010 and 357 single-family homes sold last month. The median paid for those homes rose by just 0.3 percent from $185,000 to $185,500 across the region.

“The housing market is going to go on the same track as the economy,” said Kevin M. Sears, a past president of the Massachusetts Association of Realtors and an owner and broker at Sears Real Estate in Springfield. “We’ve seen employment get a little bit better and the stock market begin to improve. It all gets to consumer confidence.”

Sears said the large supply of affordable homes and record-low interest rates are making it a great time for home buyers.

A 30-year fixed rate mortgage averaged 3.98 percent for the week ending Nov. 26 compared with 4.40 percent a year ago at that time, according to the Realtor Association.

Sears said lenders have tightened borrowing requirements, but viable buyers are able to meet those requirements. “There are more hoops that need to be jumped through, which is not a bad thing. It is setting people up to succeed,” he said.

Statewide, sales rose 13 percent in November from 2,875 in November 2010 to 3,253, according to The Warren Group, a Boston-based provider of real estate information and publisher of Banker & Tradesman newspaper. It was the fifth straight month of year-over-year sales increases.

Statewide, the median price of single-family homes declined 8 percent from $295,000 in November 2010 to $271,000 last month, The Warren Group said.

Locally, the Realtor Association of Pioneer Valley said Hampden County sales were up 35.3 percent from 173 in November 2010 to 234 last month. The median price in Hampden County dropped by 0.9 percent from $166,500 to $165,000.

In Hampshire County, sales were up 19.2 percent from 73 homes to in November 2010 to 87 last month. The median price rose 9.7 percent from $236,000 to $259,000.

In Franklin County, sales rose 9.1 percent from 33 to 36. The median price rose 27.5 percent from $158,000 to $201,500.

Corinne A. Fitzgerald of Fitzgerald Real Estate in Greenfield said the sample size of homes sold in Franklin County is always small, making the median price there very volatile.

Over the last six years, median prices have fallen 9.5 percent from $205,000 in November 2006 to $185,500 last month.

The Realtor Association of Pioneer Valley also reported that the inventory of single-family homes fell 3.4 percent from 2,873 in November 2010 to 2,776 at the end of last month.

Sears said buyers are being choosy, demanding up-to-date homes at good prices and staying away from fixer-uppers. Foreclosures are attractive only to investors who plan to fix them up and resell.

Fitzgerald said she tells sellers to price their homes competitively with the market. People shop for homes today on the Internet, she said. “You really only have 10 seconds to hold the buyers’ attention on the Internet,” she said.

Fitzgerald will serve as president of the Realtors Association of Pioneer Valley in 2012.

An NStar spokeswoman said their plans are already adequate and, in fact, based on state-approved guidelines.

BOSTON (AP) — The state says the "inadequacies" of NStar's and Northeast Utilities' emergency response plans — revealed during Tropical Storm Irene and the Oct. 29 snowstorm — are another reason to delay their possible merger.

On Tuesday, the Massachusetts Department of Energy Resources amended a previous motion to state regulators to stay merger proceedings.

The department says, given the prolonged outages during the storms, the companies should now also have to show the Department of Public Utilities their storm preparations are adequate.

An NStar spokeswoman said their plans are already adequate and, in fact, based on DPU-approved guidelines.

The amended complaint was filed a day after talks between the state and utilities to resolve the request for a delay broke down.

A Department of Energy Resources spokeswoman said Wednesday's request was solely about ensuring service quality.

Five of those accused were charged with involuntary manslaughter and negligent homicide.

View full sizeFILE - This undated file photo provided by the U.S. Army shows Pvt. Danny Chen,19, who was killed Monday, Oct. 3, 2011 in Kandahar, Afghanistan. The U.S. Army says eight American soldiers have been charged in connection with the Oct. 3 death of a fellow soldier in southern Afghanistan. In a statement, the military said the eight soldiers from Chen's company faced charges ranging from dereliction of duty, assault, negligent homicide and involuntary manslaughter. Chen was found in a guard tower in Kandahar province with what the Army described at the time as "an apparent self-inflicted gunshot wound." He was assigned to the 3rd Battalion, 21st Infantry Regiment, 1st Stryker Brigade Combat Team, 25th Infantry Division, Fort Wainwright, Alaska. (AP Photo/U.S. Army, File) (AP Photo/U.S. Army, File)

By CHRIS HAWLEY

NEW YORK (AP) — Even before the Army sent him to Afghanistan, supporters say, Pvt. Daniel Chen was fighting a personal war.

Fellow soldiers at a base in Georgia teased him about his Chinese name, crying out "Chen!" in an exaggerated Asian accent. They called him "Jackie Chen," a reference to the Hollywood action star Jackie Chan. People would ask him repeatedly if he was Chinese, even though he was a native New Yorker.

At one point Chen wrote in his diary that he was running out of jokes to respond with.

Then he was sent overseas, and the hazing began: Soldiers dragged him across a floor, pelted him with stones and forced him to hold liquid in his mouth while hanging upside down, according to diary entries and other accounts cited by a community activist.

On Oct. 3, the 19-year-old Chen was found dead in a guardhouse in Afghanistan with what the Army said was apparently a self-inflicted gunshot wound.

On Wednesday, the Army announced charges against eight soldiers in his death, saying Chen was a victim of illegal hazing. Five of those accused were charged with involuntary manslaughter and negligent homicide. The alleged offenses also included maltreatment, assault and threats.

The military would not discuss the exact circumstances surrounding Chen's death. But family members and community activists said they suspect the bullying may have driven him to suicide.

"Whether suicide or homicide, those responsible for mistreating Danny are responsible for his death," said Elizabeth OuYang, a community activist who is representing his parents, Chinese immigrants who live near New York City's Chinatown neighborhood.

View full sizeElizabeth OuYang, president of the New York chapter of the Organization of Chinese Americans, center, speaks at a news conference while the parents of Pvt. Danny Chen, Yan Tao Chen, left, and Su Zhen Chen listen in New York, Wednesday, Dec. 21, 2011. Eight U.S. soldiers have been charged over the October death of Chen who apparently shot himself in Afghanistan, the Army said Wednesday, and supporters said the 19-year-old had been taunted with racial insults. (AP Photo/Seth Wenig)

Attorneys for the defendants could not immediately be located. The sister of one of them had no comment. Other relatives could not be reached.

Eugene Fidell, an expert on military law and president of the National Institute of Military Justice, said bullying has been a recurring problem for the military.

"If there was brutality within the unit, that's a betrayal of the bond of brotherhood," he said. "That is, in theory, the underpinning of what holds a military command together."

He added: "Can I imagine somebody being bullied in the military to the point of taking his or her own life? Yes. These people are young people. You're at an age of vulnerability as well as strength."

In 2010, three Army sergeants were punished after Pvt. Keiffer Wilhelm of Willard, Ohio, killed himself 10 days after arriving in Iraq with a platoon based in Fort Bliss, Texas. Wilhelm's family said he was being bullied and forced to run for miles with rocks in his pockets.

Two sergeants were imprisoned for six months and three months, respectively, on charges of cruelty and maltreatment. The third was convicted of obstructing justice and given a one-grade reduction in pay.

Activists said Chen's case has highlighted the military's poor treatment of Asian-Americans, who remain a tiny percentage of new recruits even as the percentage of blacks, Hispanics, women and other groups has grown.

Pentagon officials would not comment Wednesday on the specifics of the case. But Pentagon spokesman Navy Capt. John Kirby said hazing is not tolerated.

"That's what this uniform requires. And when we don't, there's a justice system in place to deal with it," Kirby said. "That's what we're seeing here in the case of Private Chen."

The details of Chen's alleged hazing came from Facebook and email messages, discussions with cousins and a few pages of Chen's journal released by the Army, OuYang said at a Chinatown news conference.

Chen's relatives said they were encouraged by the charges.

"We realize that Danny will never return, but it gives us some hope," Yen Tao Chen, his father, said through a translator.

Chen was assigned to the 3rd Battalion, 21st Infantry Regiment, 1st Stryker Brigade Combat Team, 25th Infantry Division, based in Fort Wainwright, Alaska.

The Army identified the soldiers charged as 1st Lt. Daniel J. Schwartz, 25, of Maryland (no hometown was given); Staff Sgt. Blaine G. Dugas, 35, of Port Arthur, Texas; Staff Sgt. Andrew J. Van Bockel, 26, of Aberdeen, S.D.; Sgt. Adam M. Holcomb, 29, of Youngstown, Ohio; Sgt. Jeffrey T. Hurst, 26, of Brooklyn, Iowa; Spc. Thomas P. Curtis, 25, of Hendersonville, Tenn; Spc. Ryan J. Offutt, 32, of Greenville, Pa.; and Sgt. Travis F. Carden, 24, of Fowler, Ind.

VanBockel, Holcomb, Hurst, Curtis and Offutt were charged with the most serious offenses, including involuntary manslaughter, negligent homicide, and assault and battery.

Schwartz, the only officer among the accused, was charged with dereliction of duty.

The two most serious charges, involuntary manslaughter and negligent homicide, carry prison sentences of up to 10 years and three years, respectively, under military law.

The soldiers are still in Afghanistan but have been relieved of their duties and confined to a different base, the military said. The next step is a hearing to determine if there is enough evidence for a court martial. The proceedings are expected to be held in Afghanistan.

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Associated Press writers Lolita Baldor at the Pentagon; Meghan Barr, Deepti Hajela and Verena Dobnik in New York; Patrick Quinn in Kabul, Afghanistan; Linda Ball in Dallas; and researchers Monika Mathur, Jennifer Farrar, Barbara Sambriski, Rhonda Shafner and Judith Ausuebel contributed to this story.

"I'm not going to get into the back-and-forth on the congressional sausage-making process," Romney, the former Massachusetts governor, said in Keene, N.H.

View full sizeAssociated Press photoRepublican presidential candidates former Massachusetts Gov. Mitt Romney, left, and former Speaker of the House Newt Gingrich, right, during the Republican debate, Saturday, Dec. 10, 2011, in Des Moines, Iowa. Attacked as a lifelong Washington insider, Gingrich parried criticism from Mitt Romney Saturday night, telling the former Massachusetts governor, "The only reason you didn't become a career politician is because you lost to Teddy Kennedy in 1994." (AP Photo/Charlie Neibergall)

By KASIE HUNT and THOMAS BEAUMONT

DES MOINES, Iowa (AP) — Mitt Romney refused to be pinned down Wednesday on how Congress should break an impasse that threatens to raise taxes for 160 million workers — the latest pressing policy debate the Republican presidential hopeful has sidestepped. Rival Newt Gingrich, in contrast, castigated Congress for "an absurd dereliction of duty."

With less than two weeks before the Iowa caucuses, the two rivals exchanged ever sharper words over a barrage of negative ads coming from Romney's allies as they took a divergent approach on the payroll tax dispute deadlocking Washington.

"I'm not going to get into the back-and-forth on the congressional sausage-making process," Romney, the former Massachusetts governor, said in Keene, N.H., as the day began. "I hope they're able to sit down and work out a solution that works for the American people. My hope is that the solution includes extension of the payroll tax holiday."

But Romney left open the terms for an extension, which is the crux of the stalled debate in Washington. He suggested it should last more than two months and ideally a year, but called such details "deep in the weeds."

House Republicans rejected a bipartisan compromise in the Senate that would have kept the tax cuts going for two months, instead calling for talks seeking a one-year extension. The cuts expire Jan. 1 unless Congress acts, and there is little chance of achieving that in time to head off a hit in people's paychecks.

In Iowa, Gingrich called a two-month extension "insufficient" and scolded the Democratic-controlled Senate, Majority Leader Harry Reid and President Barack Obama's administration for "lurching from failure to failure" and marveled: "They can't figure out how to pass a one-year extension, so the Senate leaves town?"

"It's game-playing," added the former House speaker, who stopped short of criticizing House Republicans and their leader, Ohio Rep. John Boehner. Gingrich also did not criticize Sen. Mitch McConnell, the Republican Senate leader who signed off on the short-term extension.

With that, the two Republicans leading the GOP primary field in polls took different approaches to an urgent issue that has ramifications for millions of Americans. Gingrich jumped in — though saving his scorn for Democrats — while Romney avoided the fray.

The different postures over the payroll tax extension played out against a backdrop of intensifying rancor — and a dispute over negative advertising — between Romney and Gingrich with the Jan. 3 Iowa caucuses drawing close.

Romney argued that Gingrich wasn't strong enough to withstand the criticism coming his way, especially from $2.8 million in ads by the pro-Romney group Restore Our Future. The group is going after Gingrich relentlessly in Iowa and exacting a price in the former speaker's standing in polls.

"I'm sure I could go out and say, 'Please, don't do anything negative,'" Romney said on Fox News. "But this is politics. And if you can't stand the heat in this little kitchen, wait until Obama's Hell's Kitchen turns up the heat."

Gingrich shot back from Manchester, N.H.: "If he wants to test the heat, I'll meet him anywhere in Iowa next week." He went on: "If he wants to try out the kitchen, I'll be glad to debate him anywhere. We'll bring his ads and he can defend them."

Gingrich tried to show he was aiming for a higher road. He started collecting petition signatures from like-minded people who don't want to see the Republican candidates ripping into each other.

"Attacking fellow Republicans only helps one person: Barack Obama," the petition states.

View full sizeAssociated PressPresident Barack Obama gestures during a news conference in the East Room of the White House in Washington, Thursday, Oct. 6, 2011.

Gingrich has complained that the Restore Our Future ads, most painting him as an ethically challenged Washington power broker, are untrue. But he declined to say during a news conference in Des Moines on Wednesday what specifically is inaccurate about the ads, instead citing independent reviews that have questioned their validity.

"It would be nice if Governor Romney was either honest about his former staff and his supporters running negative ads, and either disown them — ask that they take them off the air — or admit this is his campaign," Gingrich said.

For his part, Romney largely took a pass on the payroll tax matter despite casting himself as an outsider with the business expertise necessary to fix Washington and the economy. He has spent much of the year declining to weigh in on the hot-button fiscal issues Congress has wrestled over.

He stayed out of the summertime fight over raising the federal debt ceiling, urging cooperation but stopping short of endorsing the House GOP's one-year extension or the Senate's two-month extension. He eventually opposed the deal.

In the spring, he was initially reluctant to embrace Wisconsin Rep. Paul Ryan's budget proposal, which would have essentially transformed Medicare into a voucher system. Since then, he's endorsed parts of it.

Gingrich, conversely, hasn't shied away from injecting himself into the latest debates on Capitol Hill, eager to show that he has the leadership qualifications necessary to run Washington and the country — even when it was politically perilous.

He supported raising the debt ceiling, anathema to many conservatives, and castigated the Medicare portion of the Ryan plan, popular with the GOP's right flank, as "right-wing social engineering," a phrase he later apologized for using. On the latest issue, Gingrich favors a one-year extension of the payroll tax cut.

He has argued that he's a proven national leader for having battled Democratic President Bill Clinton in the 1990s. He usually doesn't mention that as House speaker back then, he bore much of the blame for the federal government twice shutting down when he could not agree to a budget with the Clinton White House.

On Wednesday, in Iowa, he tried to use the latest stalemate to his advantage, saying: "This is an example of why people are sick of Washington, and sick of politics."

Meanwhile, in eastern Iowa, Minnesota Rep. Michele Bachmann, vying for the conservative crown in Iowa, blasted the extension as "a very bad proposition" that's too costly.

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

Gingrich is trying to end his slide in Iowa, where the attacks have taken hold in the past two weeks, with a show of force from establishment Republican leaders in early voting states endorsing his candidacy. He also was dispatching former Oklahoma Rep. J.C. Watts to Iowa to meet privately with GOP leaders and the media in an attempt to stabilize the campaign.

The spat between Romney and Gingrich over third-party ads has dominated the GOP campaign in recent days and highlighted the role of super PACs, independent groups that may accept unlimited donations but are not supposed to directly coordinate with candidates.

Such groups have sprung up to support every serious Republican candidate following a Supreme Court decision last year that said individuals, unions and corporations can donate unlimited sums of money to outfits advocating the election or defeat of candidates.

Two pro-Gingrich groups have started raising money and Gingrich's longtime aide Rick Tyler just signed on with one of them. But Romney's supporters have had a head start in raising money and are slated to spend $3 million this month in Iowa alone, most on anti-Gingrich ads.

Gingrich, who trails Romney badly in fundraising, said he would disavow any group that runs negative ads on his behalf.

Signaling a possible softening of ads just before the holiday, Gingrich this week began showing a Christmas greeting commercial while Texas Gov. Rick Perry launched one featuring his wife Anita.

But the spirit hadn't hit with a group supporting Perry, which launched an ad criticizing Romney for his past support of abortion rights and Gingrich for ethics violations while in Congress.

In a sign of his fundraising and organizational deficiencies, Gingrich was rushing home to Virginia later Wednesday to help ensure he has the needed signatures to get on the ballot there.

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Hunt reported from Keene, N.H. Steve Peoples contributed from Manchester, N.H.

Onyango Obama is the 67-year-old half-brother of the president's late father. His case is pending in Framingham, Mass., District Court.

By KASIE HUNT

ASHLAND, N.H. (AP) — Republican presidential hopeful Mitt Romney says he would deport President Barack Obama's uncle, who police say was arrested in August for drunk driving near Boston and is an illegal immigrant.

View full sizeOnyango Obama

In an interview with Boston radio host Howie Carr on Wednesday, Romney said "yes" when asked if Onyango Obama should be deported. Romney at first did not recognize the name, but said the nation's immigration laws should be enforced.

Onyango Obama is the 67-year-old half-brother of the president's late father. His case is pending in Framingham, Mass., District Court. He was initially held without bail on a detainer from U.S. Immigration and Customs Enforcement officials on allegations he violated an order to return Kenya issued 20 years ago but has since been released.

Earlier this month, Occupy Boston sued the city to stop it from dismantling the camp.

BOSTON (AP) — Residents of the Occupy Boston encampment have dropped a lawsuit against the city of Boston, saying slow-moving litigation wasn't the best way to meet their goals.

The residents of the tent city at Dewey Square lived in the public park for 10 weeks in a protest against what they said was the disproportionate political and economic power given to an elite few.

Earlier this month, Occupy Boston sued the city to stop it from dismantling the camp. But a judge ruled Dec. 7 they didn't have a constitutional right to live there, and Mayor Thomas Menino removed them a few days later, citing public safety concerns.

Occupy Boston had appealed the judge's ruling. But on Wednesday the group said it decided lengthy litigation wasn't the best way to work for a more just society.

Superintendents of the Hadley and Frontier Regional districts and the principal of Agawam High are among those in line to replace Gus Sayer.

View full sizeFile photos | The RepublicanLeft to right, Agawam High School principal Steven Lemanski, Frontier Regional and Union 38 superintendent Regina Nash and Hadley superintendent Nicholas Young are among five finalists in the South Hadley school superintendent search.

SOUTH HADLEY – Superintendents of the Hadley and Frontier Regional school districts and the principal of Agawam High School are among five finalists for the top school post in South Hadley.

The finalists emerged from a five-week review by the town’s search committee, which considered applications from 20 candidates seeking to replace departing superintendent Gus A. Sayer.

The finalists include Nicholas Young, superintendent of the Hadley school system since 2001; Regina Nash, superintendent of the Frontier Regional and Union 38 school district, and Steven Lemanski, principal of Agawam High School since 2007.

Anthony Ryan, assistant superintendent of the Hampshire Regional school district since 1996; and Ruth Miller, assistant superintendent of the Narragansett Regional school district since 2009, were also selected by the 13-member committee made up of parents, faculty, school officials and community representatives.

Interviews by the School Committee will be held Jan. 4, 10 and 12; all sessions are open to the public.

School Committee member Kevin McAllister said he was pleased with the search process and the resulting finalists.

“It looks like the search committee did a fantastic job of looking through the candidates and getting through this pretty quickly,” McAllister said.

“I’m looking forward to the interviews; it looks like we’ve got some great opportunities for some good superintendents here,” he said.

Gus Sayer

The school system was rocked by the suicide of 15-year-old Phoebe Prince in 2010 and the subsequent indictment of six South Hadley High School teenagers accused harassing and bullying her.

Four of the six defendants admitted to facts sufficient for a guilty finding, one admitted guilt and a charge against the sixth was dropped.

Amid an avalanche of publicity over the freshman’s death, Prince’s mother, Anne O’Brien, accused the school of not doing enough to protect her daughter.

Both Sayer and High School Principal Daniel T. Smith faced strong criticism following Prince’s death. The officials said they acted as soon as they were alerted to the bullying.

Smith retired in June, and Sayer, who took over the school system in 2003, announced his retirement in August. While the resignation was effective sometime after Oct. 1, Sayer remains in the superintendent’s post.

When another councilor was locked out of a meeting this month, Cykowski made a remark about Puerto Ricans without explaining what he meant.

The Republican file photo | David MolnarEasthampton City Councilor Donald Cykowski, shown here at a candidates forum this year, apologized at Wednesday's council meeting for a remark he made about Puerto Ricans at a Dec. 7 meeting.

EASTHAMPTON – City Councilor Donald L. Cykowski apologized Wednesday night at the City Council meeting for a remark he made about Puerto Ricans at a Dec. 7 meeting.

“I made a statement,” he said without explaining what that statement was. “If I offended anyone, I apologize,” he said.

The comment came following a discussion about whether to appoint Councilor-at-Large Ronald D. Chateauneuf to the Planning Board. Chateauneuf did not seek re-election to the council. Chateauneuf left the room during the discussion and the door automatically locked behind him.

When he was called to come back into the meeting he had trouble opening the door. Cykowski said, “Where’s a Puerto Rican when we need one?” He never said what he meant by that remark.

Cykowski has been a councilor since 2004 when he replaced Bruce A. Gordon, who resigned. He had finished fifth in the race for four at-large seats on the council the previous November. He has been a councilor since.

Before Wednesday night’s meeting, City Council president Joseph P. McCoy said he had called Cykowski after the Dec. 7 meeting and asked that he apologize for making what he said “was an off-color joke,” something the council does not condone.

McCoy said it was inappropriate and rare for someone on the council to make that kind of remark.

When asked if the council might take more serious action, he said that would depend on whether Cykowski apologized.

After the apology, which came soon after the meeting began, the council resumed its business.

David Dopp, a Frito-Lay truck driver, says he simply can't afford the taxes or the $7,000 annual car insurance for the $300,000 sports car. Make him an offer, he says

AP Photo/KSL-TV via The Deseret News, Alex Cabrero David Dopp, of Santaquin, Utah, who crashed the Lamborghini Murcielago he won in a convenience store contest shortly after being handed the keys in November, looks over the damage to his car Tuesday, Dec. 20, 2011 at a Utah towing yard. Dopp now plans to sell the $300,000 640-horsepower convertible because he can't afford the insurance or tax.

PAUL FOY
Associated Press

SALT LAKE CITY (AP) — A truck driver who won a Lamborghini worth about $300,000 in a convenience store contest crashed the sports car six hours after he got it, and he now plans to sell the 640-horsepower convertible because he can't afford the insurance or taxes.

"I already had offers on it. I'm going to sell it," David Dopp said Wednesday. "I have bills more important than a Lamborghini. I've got a family to support."

Dopp, a 34-year-old truck driver for Frito-Lay, spun out of control just a few hours after taking the keys to the Murcielago Roadster that he won in a "Joe Schmo to Lambo" contest sponsored by Maverik convenience stores.

The lime green convertible was being held by his insurance company at a Utah towing yard. It will be sent to an authorized Las Vegas dealer for repairs next week.

Dopp told The Associated Press the damage "isn't super bad" — a punctured oil pan and tire, and a few dents and scratches on the front and rear ends. The father of six said he couldn't afford to pay taxes on the car or the insurance, which runs $3,500 every six months.

"That's why rich people own them," he said. "The poor people like me don't."

Dopp was taking family members and friends on joy rides the first evening. He said he took a curve at about 45 mph and "hit some black ice and spun out." The car jumped a curb and went through a fence before coming to a rest about 75 feet off the road. Neither Dopp nor his passenger was injured.

AP Photo/Maverik, Kyle BuhlerThis hand out photo provded on Wednesday Dec. 21, 2011 by Maverik shows David Dopp, 34, of Santaquin, Utah, posing for a photo with his daughters Shayla, left, and Olivia, right, after winning a Lamborghini on Nov.12, 2011 in Maverik's Sweepstakes at Brigham Young University's LaVell Edwards Stadium in Provo, Utah. Dopp crashed the $300,000 sports car six hours after he got it.

"My heart pretty much fell out," Annette Dopp told KSL-TV of Salt Lake City. "They said they were OK. Then (came), you know, that feeling when your heart drops and you're like, 'Oh, my gosh. What do we do now?'"

The Lamborghini was the envy of Santaquin, a town of 9,000 about 55 miles south of Salt Lake City. Police say the Lamborghini's high-performance summer tires weren't suited for icy conditions and the car is simply too powerful — and exceptionally light with carbon fiber body parts. Dopp wasn't ticketed.

Dopp was videotaped jumping up and down and hollering in speechless disbelief when contest officials announced during a Nov. 12 college football game that he won the car. He had to take out insurance before he could claim the car — "that was a good thing," he says — and took the keys to the roadster Saturday.

Dopp said he never imagined he could keep the car for long because it costs too much to own.

He also won $5,000 worth of driving lessons at Miller Motorsports Park in Tooele County.

Dopp said he'll be more careful the next time he gets behind the wheel.

The giveaway contest was for customers who use a rewards card at Maverik's 220 stores. It was co-sponsored by nonprofit organization "teamgive," which raises awareness about rare neurological diseases.

Dopp said Maverik valued the Lamborghini at $358,000, but because it's a 2008 model that had 1,500 miles on the odometer, he believes the value is closer to $300,000 — and he's willing to sell it for less after the body shop fixes it.

Online car appraisal sites don't list market values for a 2008 Lamborghini Murcielago Roadster.