McCain is particularly popular with the independents who can vote in New Hampshire's Republican primary.

Associated PressRepublican presidential candidate, former Massachusetts Gov. Mitt Romney listens at left as Sen. John McCain, R-Ariz., speaks during a town hall style meeting in Manchester, N.H. Wednesday, Jan. 4, 2012.

MANCHESTER, N.H. (AP) — Mitt Romney on Wednesday accepted an endorsement from Arizona Sen. John McCain, the 2008 Republican presidential nominee, as he pushed for an overwhelming victory in next week's New Hampshire primary.

Romney flew in from Iowa in the morning after his narrow caucus win, and McCain joined him onstage — putting the Vietnam veteran back in front of audiences that handed him two primary victories here.

McCain, who is still hugely popular in the state, said his endorsement was intended to help Romney "get an overwhelming vote that will catapult this candidate to the White House."

Romney was governor of neighboring Massachusetts and holds a strong lead in polls in New Hampshire. With a precarious 8-vote win behind him, Romney is looking to voters here to hand him a victory that will make his eventual nomination seem all but inevitable.

Romney faces conservative challenges from former Pennsylvania Sen. Rick Santorum, who barely lost in Iowa, and former House Speaker Newt Gingrich, who has already started running newspaper ads declaring Romney too moderate.

McCain is particularly popular with the independents who can vote in the state's Republican primary. His endorsement could help Romney win over those voters and increase his overall support.

McCain and Romney haven't always been political allies. McCain beat Romney in the 2008 New Hampshire primary, and there is a history of acrimony between the two. But Romney eventually endorsed McCain in 2008.

Outraged GOP leaders in Congress immediately suggested that courts would determine whether Richard Cordray's appointment was illegal.

Associated PressPresident Barack Obama, and Richard Cordray, visit with Endia Eason, Wednesday, Jan. 4, 2012, at her home in Cleveland, Ohio.

SHAKER HEIGHTS, Ohio (AP) — A defiant President Barack Obama, tired of Senate Republicans stalling his nominee to lead a new consumer protection agency, put him in charge Wednesday over their opposition.

"I refuse to take 'no' for an answer," the president said.

Outraged GOP leaders in Congress immediately suggested that courts would determine whether Richard Cordray's appointment was illegal.

With a director in place, Obama said the Consumer Financial Protection Bureau can start overseeing the mortgage companies, payday lenders, debt collectors and other financial operations often blamed for practices that helped undermine the economy.

Obama announced the move with Cordray by his side before a cheering crowd in Ohio, a politically vital state where Cordray once was attorney general.

"Every day that we waited was another day when millions of Americans are left unprotected," Obama.

Until Cordray took over, the office didn't have all the tools needed "to protect consumers against dishonest mortgage brokers or payday lenders, and debt collectors who are taking advantage of consumers," Obama said. "And that's inexcusable. It's wrong."

In political terms, the recess appointment during the congressional break raised the level of confrontation for a president seeking re-election by championing the middle class and challenging an unpopular Congress. Acting right after Tuesday's GOP presidential caucuses in Iowa, Obama sought to grab attention and show he would not be slowed, making his most brazen leap-frog over Congress.

Senate Republicans had halted Cordray's nomination because they think the consumer agency is too powerful and unaccountable.

The Senate's top Republican, Mitch McConnell of Kentucky, accused Obama of an unprecedented power grab that "arrogantly circumvented the American people."

Added House Speaker John Boehner, R-Ohio: "It's clear the president would rather trample our system of separation of powers than work with Republicans to move the country forward. This action goes beyond the president's authority, and I expect the courts will find the appointment to be illegitimate."

It was unclear who might undertake a legal fight. But people familiar with the matter said an outside private group regulated by the consumer agency might be in the best legal position.

By going around the Senate, where Democrats hold an edge but Republicans can block action, Obama essentially declared that the chamber's short off-and-on sessions are a sham intended to block him, but don't prevent him from such an appointment.

Yet it was his own party that started the practice when Republican George W. Bush was president.

In reality, Obama had little choice to get the consumer agency fully running after months of stalemate.

White House communications director Dan Pfeiffer announced Obama's move on Twitter after senior administration officials first confirmed it to The Associated Press. Obama spokesman Jay Carney said White House lawyers have determined Obama is within his bounds to appoint Cordray now.

Cordray, who's expected to take over this week, stands to serve for at least the next two years, until the end of the Senate's next session, the White House said.

At a high school in the Cleveland suburb of Shaker Heights, Obama said Republicans were only blocking Cordray because they wanted to water down consumer protections.

"I'm not going to stand by while a minority in the Senate puts party ideology ahead of the people we were elected to serve," he said.

More than a standoff over one significant appointment, the fight speaks to the heart of a presidential campaign under way. Presiding over a troubled but improving economy, Obama's must persuade a weary middle class that he is their advocate, while fending off criticism from Republicans challengers and lawmakers.

Obama has constitutional power to make appointments during a congressional recess.

Expressly to keep that from happening, Republicans in the Senate have had the Senate running in "pro forma" sessions, meaning open for business in name with no actual business planned. Democrats started the practice under Bush to halt him from making recess appointments.

The Senate held such a session on Tuesday and planned another one on Friday. Republicans contend Obama cannot make a recess appointment during such a break of less than three days, based on years of precedent, and they point to comments by Obama's own Justice Department echoing that view.

Regardless, the Obama White House now contends such an approach is a gimmick.

For all practical purposes, the Senate is in recess and Obama is free to make the appointment on his own, without Senate confirmation, administration officials said.

McConnell shot back that Obama's move "lands this appointee in uncertain legal territory, threatens the confirmation process and fundamentally endangers the Congress' role in providing a check on the excesses of the executive branch."

The president also was expected to announce other recess appointments, possibly including nominees to the National Labor Relations Board.

Republicans have had little opposition if any to the qualifications of Cordray. Their objection is with the consumer agency itself.

Obama and his team say lawmakers should try to revise the Wall Street oversight law if they don't like it, not keep the agency from performing its job.

Before his remarks Wednesday, Obama met with a family that got taken advantage of by a mortgage broker. He wanted to use their story as an example of how the consumer agency can crack down on such practices.

Obama was focusing on the most Democratic congressional district in Ohio, a Cleveland suburb, a day after Mitt Romney won Iowa's Republican presidential caucuses by just eight votes. Obama's trip signals the White House's intent to keep the president in the public eye even as the political world focuses on the GOP's selection process.

Oppenheim, the founder of the Pioneer Arts Center of Easthampton, faces 4 counts of child rape for allegedly having sex with a 14-year-old girl who performed in a musical at the center.

The Republican | Don TreegerDavid F. Oppenheim sits in Hampshire Superior court Wednesday before his pretrial conference on child rape charges.

NORTHAMPTON – Lawyers in the David Fried Oppenhiem case will argue pretrial motions on Jan. 20 and a judge might also question potential witnesses to determine whether or not a jury may weigh their testimony.

Oppenheim, 37, the founder of the Pioneer Arts Center of Easthampton, faces four counts of child rape for allegedly having sex with a 14-year-old girl who performed in a musical at the center. According to prosecutors, the sex took place while Oppenheim was teaching the girl an acting method call "primitives," in which she was supposed to keep a journal of her reactions to various physical sensations.

Defense lawyer David P. Hoose and prosecutor Linda Pisano have filed a flurry of motions for Hampshire Superior Court Judge Mary-Lou Rup to decide, including a request by Pisano to amend the indictment pushing back the beginning of the rapes from March 1, 2006 to Oct. 1, 2005. Pisano is also seeking to change Oppenheim's name on the indictment to "David Fried Oppenheim." According to the document, Fried is Oppenhiem's birth name. He took his wife's last name, Oppenheim, when they were married, the motion states.

Hoose is requesting a record of the electronic messages allegedly exchanged between Oppenheim and the girl, saying that the "Ally" in the correspondence is not his client. In addition, he wants Facebook to provide the July 2010, information from the page of a witness, saying that information on the page is exculpatory to Oppenheim.

The defense also filed a motion to limit the testimony of the alleged victim's boyfriend, who was among the first people she reportedly told about the rapes. Another motion seeks to exclude the testimony of Dr. Margaret Miller, who would testify on behalf of the prosecution about the girl's delay in reporting the rapes.

Among a list of questions submitted by the defense for a voir dire of potential jurors is whether or not testimony that Oppenheim had sex with other women outside of his marriage would prejudice in deliberating about this specific case. Pisano said in court that she expects to discuss the inclusion of "prior bad acts" in her case prior to the trial. She suggested that Rup might want to hear directly from certain witnesses on her list before allowing them to testify.

Rup said she will let the two sides know if an evidentiary hearing is necessary.

The case is scheduled to go to trial on Jan. 23 and last seven or eight days.

The Republican | Don TreegerDavid F. Oppenheim sits in Hampshire Superior on Wednesday court before his pretrial conference on child rape charges.

A meeting at the St. Anthony's Social Center marks the final citywide hearing before the "Rebuild Springfield" planning committee releases its master plan.

SPRINGFIELD – Proposed recommendations to redevelop Springfield in the aftermath of the June 1 tornado will be shared with the public Thursday night, aimed at spurring additional input from residents and business people citywide before a master plan is completed in three weeks.

Thursday’s meeting is from 6:30 to 9 p.m., at the St. Anthony’s Social Center, 375 Island Pond Road.

It marks the final citywide hearing before the “Rebuild Springfield” planning committee releases its master plan for Springfield on Jan. 26. It follows more than three months of district meetings and a prior citywide meeting, all aimed assisting with the creation of a comprehensive rebuilding plan for Springfield.

“Community input and participation is really critical at this point,” said Nicholas A. Fyntrilakis, chairman of DevelopSpringfield, which is leading the Rebuild Springfield effort with the Springfield Redevelopment Authority.

Almost all of the recommendations gathered thus far were initially stated or proposed by residents during the planning process, officials said.

“It is a community driven planning process,” Fyntrilakis said. “Ideas and input that we have received from the community is what is being presented as refined recommendations.”

The recommendations range from engaging the public in education reform efforts to improving public transportation, to celebrating the cultural diversity of Springfield.

The goal is to find out what may be missing from the recommendations, or needs to be amended or eliminated, Fyntrilakis said.

The tornado on June 1 caused serious damage in Springfield including the downtown and South End (designated as District 1), Six Corners, Upper Hill, Old Hill and Forest Park (District 2), and East Forest Park and Sixteen Acres (District 3). The tornado damaged 577 structures, and has opened the door to federal disaster aid and loans.

The planning committee, aided by consultants and public input, has amassed many recommendations for physical improvements that are neighborhood-specific. Thursday’s meeting will primarily deal with citywide recommendations also being gathered.

Suggestions will be refined and prioritized over the next two weeks with the detailed input from both the citywide meeting and Rebuild Springfield website at http://www.rebuildspringfield.com.

10-year deal with Disney will provide Comcast customers with streaming video as well as out-of-home content on portable devices.

Associated PressSchenectady firefighters battle a house fire after a neighboring house exploded when a gas main was severed by a construction worker in Schenectady, N.Y., Wednesday, Jan. 4, 2012. All occupants were accounted for, and 3 alarms were sounded to control the blaze. (AP Photo/The Daily Gazette, Peter R. Barber)

• Boston breweries big plans for 2012 [Metrowest Daily News]


• Comcast's 10-year deal with Disney includes out-of-home viewing [New York Times]


• More US women having twins: 1 in 30 up from 1 in 53 in 1980 [Boston.com]


• Pittsfield school superintendent to step down [Berkshire Eagle]


• 1 home leveled, 2 damaged in Schenectady gas explosion [News10.com]


• Shenkman sentenced to 70 years in prison, rambles to courtroom [Hartford Courant]



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

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Obituaries from The Republican.

Phillip E. McCall

Philip Edward McCall, 89, of Springfield passed away on Sunday. Known as "Red," he was born in Westfield. In 1938 he graduated from Cathedral High School. He served with the U.S. Navy in World War II and later attended American International College. He worked in the construction industry for many years and then for the city of Springfield. He was a former longtime resident of West Springfield, where he was active in both the American Legion and the Democratic Party. He was an active member of the Benevolent and Protective Order of Elks #61 of Springfield.

Obituaries from The Republican:

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  Agerton, Spurgeon H.
  



• 
  Andrews, Joyce D. (DeGray)
  




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  Arpino, Patricia A. "Pat" (Rooney)
  



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  Atwater, James C.
  



• 
  Avery, Charlotte E.




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  Bedard, Yvette C. (Tetreault)
  



• 
  Broughton, Doris "Sandy"
  




• Carrier, Victor L. "Vic"
  




• 
  Cartier, Aristide "Art"
  



• 
  Ciborowski, Mary L. (Jarrett)




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  Cienciwa, Joseph E.
  



• 
  Collins, Margaret A.
  




• Conlon, Robert P.
  




• 
  Costa, Celeste C. (Pacheco)
  



• 
  Cromack, Scott L.




• 
  Densmore, Nanci A. (Barker)
  



• 
  Dillon, Mary (Rohan)
  




• Dunn, Eleanore Asinof
  




• 
  Fearn Jr., George F.
  



• 
  Gamelli, Mary Ann (Baker)




• 
  Glen, Frances A.
  



• 
  Griffin, William Bernard
  




• Helmes, Edward H.
  




• 
  Hennessey, Elizabeth Betty (Couture)
  



• 
  Iennaco Jr., Ardy M.




• 
  Johnson, Kenneth E.
  



• 
  Kay, Veronica H. (Couming)
  




• Kennedy Jr., Thomas J.
  




• 
  Klein, Annemarie I.
  



• 
  Kovalchik, Denise M.




• 
  Kurpaska, Alan J. "Johnny"
  



• 
  Madru, Allan R.
  




• Maesto-Stone, Ruth E. (Cummings)
  




• 
  Marsh, Timothy
  



• 
  Martin, Dorothy R. (Bowen)




• 
  Martin, Eleanor Ann (Welch)
  



• 
  Maynard Jr., Lester I.
  




• McCall, Philip E.
  




• 
  McCarthy, Claire Frances (Murphy)
  



• 
  McNally, Timothy Harry "Tim"




• 
  O'Connor, Diane M. (Wasgatt)
  



• 
  Osowski, Barbara Ann
  




• Pereira, John
  




• 
  Reardon, David J.
  



• 
  Schuck, William J.




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  Sheehan-Black, Melissa J.
  



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  Skowron, Stephen J.
  




• Sliwa, Edward A.
  




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  Stump, Michael Robert
  



• 
  Temkin, Milton Samuel "Mickey"




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  Ulan, John R.
  



• 
  Valtelhas, Sophie J. (Wojtowicz)
  




• Wheeler, Linnea
  




• 
  Wyckmans, Pierre M.
  

The ruling is heavily critical of Deputy Fire Chief Jerrold Prendergast for not excusing himself from the screening of candidates while his son, Zachary Prendergast, was an applicant.

SPRINGFIELD – A recent ruling by the state Civil Service Commission has slammed the upper management of the city’s Fire Department for its hiring practices, saying a deputy chief was involved improperly in a 2010 selection process that resulted in his own son being hired as a firefighter.

Four applicants who were passed over for jobs in that process have appeals pending; some of those who were passed over because they were on military duty could wind up at the top of the next Civil Service list for jobs with the department, the ruling says. The city is also under orders to hire an independent panel to process applications and recommend candidates for firefighting jobs.

Jerrold Prendergast

The Dec. 15 ruling by Christopher C. Bowman, chairman of the state Civil Service Commission, is heavily critical of Deputy Chief Jerrold Prendergast for not excusing himself from the screening of candidates while his son, Zachary Prendergast, was an applicant.

Zachary Prendergast was among 21 firefighters hired in 2010 from an applicant pool of 51 candidates. The report stresses that there is nothing to indicate that he was unfit or incapable of being a firefighter.

But, the ruling notes, his father’s direct involvement in the review and selection process compromised the department’s ability to conduct a fair and open search. There is also “strong circumstantial evidence” to suggest deputy chief Prendergast “tipped the scales in favor of appointing” his son, the finding notes.

“To ensure that all candidates were given open consideration and to remove any appearance of impropriety, Deputy Chief Prendergast should have removed himself from this particular hiring round,” Bowman wrote. “Instead, he took partial steps to avoid the appearance of a conflict that only served to complicate the review and selection process.”

While he did excuse himself at some points, Prendergast at other points “played an active role in other decisions that directly impacted his son’s candidacy,” Bowman notes in the ruling.

For example, the deputy chief performed background checks for his son and 13 other candidates for two vacancies, and recommended that seven candidates, including his son, should be brought in for interviews. Two of those applicants were apparently passed over because they were, at the time, on active duty with the military.

Deputy Prendergast declined comment for this story.

Springfield Fire Department Investigation

Fire Commissioner Gary Cassanelli issued a prepared statement in which he defended Prendergast’s actions and the department’s hiring practices.

“I very much disagree with opinion of Chairman Bowman regarding his review of the Springfield Fire Department’s 2010 firefighter hiring process,” Cassanelli wrote.

Gary Cassanelli

As the department’s chief administrative officer, Prendergast’s duties include overseeing the state’s Civil Service list, Cassanelli said.

Cassanelli said Prendergast notified him early in the process that his son was a candidate. Cassanelli advised him to proceed as he normally would but he would have to excuse himself when the applicant pool was narrowed, which he ultimately did.

Cassanelli said Prendergast consulted with state Civil Service officials at numerous steps during the selection process.

He also said that as commissioner he was the one with the final say over hiring, and his decisions were made using appropriate Civil Service rules.

“There have never been any political influences or objectives unrelated to merit that guided any of my decisions to hire firefighters,” Cassanelli said.

Applicants were passed over for a variety of reasons, including poor work histories, poor driving records and felony convictions, Cassanelli said.

Springfield Fire Commissioner Cassanelli Response to state Civil Service Commission finding

As part of the ruling, the commission ordered the Fire Department to contact applicants who were passed over due to the military status to ask if they still wish the job. If so, they are to be placed at the top of the next civil service list.

Also, all candidates who ranked equal to Zachary Prendergast are to be notified they will have 60 days to appeal. The four who have already filed appeals with the Civil Service Commission include Louis Shelton, Christopher Benevento, Alonzo Hardnett, and Gelson Laguerre.

Until each appeal is resolved, the commission also ordered that Prendergast play no role in background checks or interviews with any applicants. It also ordered the city to hire an independent panel with no ties to the Fire Department to process applications, evaluate applicants and make recommendations to the fire commissioner.

City solicitor Edward Pikula deferred comment on the matter to the city’s labor relations director, William Mahoney.

Mahoney on Wednesday said the city intends to follow through one each of the commission's orders. The city is in the process of contacting each of the passed over applicants to determine if they are still interested in the job.

However, his department has filed a motion to reconsider with the commission, seeking to overturn the order requiring the independent review board.

He said there is no time frame for when the city will hear back.

Each of the conditions apply only to those affected in this case. The fire commissioner will retain authority to review and screen applicants for future positions.

The Civil Service ruling was issued shortly before Cassanelli announced his intentions to retire on Jan. 13.

Thomas Walsh, spokesman for Mayor Domenic J. Sarno, said the mayor has not yet decided who will serve as interim commissioner until a permanent successor to Cassanelli is found. The mayor has yet to say whether he plans to conduct a search for a new commissioner or appoint from within the department.

Lawyers for the diocese likened Mater Dolorosa protesters to "Occupy Boston" squatters recently evicted from Dewey Square.

The Republican | Michael S. GordonLawyers Victor Anop, left, and Peter Stasz, two members of the Friends of Mater Dolorosa, a Holyoke church now occupied by parishioners protesting the closing of the church by the Roman Catholic Diocese of Springfield, appear in Hampden Superior Court on Wednesday in an ongoing dispute wi th the diocese.

SPRINGFIELD – Opposing portrayals of protesters holding around-the-clock vigils at the closed Mater Dolorosa church in Holyoke continued in an ongoing court battle in Hampden Superior Court on Wednesday.

Lawyers for the Roman Catholic Diocese of Springfield argued the 100-plus protesters who packed a second-floor courtroom were comparable to "Occupy Boston" squatters recently ejected from Dewey Square, while protesters countered that they are simply exercising their constitutionally protected religious rights.

The Most. Rev. Timothy A. McDonnell, bishop of the Roman Catholic Diocese of Springfield, filed a lawsuit against the protesters in October after they began holding 24/7 prayer vigils since the church closure on June 30.

The crux of the complaint boils down to diocesan officials attempting to enforce a no-trespass order on parishioners, who have refused to go quietly to Our Lady of the Cross, the new, merged parish about a mile from Mater Dolorosa.

Many of the protesters have been longtime members of the largely Polish parish, including the lead attorney for the defendants, Victor M. Anop.

I've belonged to this church for a lifetime. My wife has, too. My grandparents helped pour the foundation for the church," which opened in 1901.

The closure was part of a regional pastoral plan that brought the closures and mergers of dozens of churches since 2000 amid declining membership.

While Judge Cornelius J. Moriarty II suggested that the civil courts may have no place in the midst of a religious dispute, a lawyer for the diocese said the legal battle is no different than any other corporate dispute.

"To hold otherwise would indicate that religious corporations have less rights than other corporations," said Springfield lawyer John J. Egan.

Anop's co-counsel and fellow parishioner, attorney Peter Stasz, told Moriarty the dispute is more rooted in church law than civil law.

"Canon law has everything to do with this, and we have very little to do with Occupy Wall Street," protesters, Stasz told the judge.

The church originally tried to evict the protesters claiming that structural damage in the church posed a hazard, which another Hampden Superior Court judge rejected.

Tensions between the factions ramped up just before Christmas when protesters dusted off the nativity scene and set it up outside the church, prompting diocesan staff to snatch the figurines from the lawn and transport them to the new parish. This yielded a press release from Anop and the protesters that the bishop had absconded with the baby Jesus.

The diocese bristled at the suggestion.

Anop and Stasz also argued at Wednesday's hearing that McDonnell wasn't properly registered with the secretary of state as a successor bishop until mid-December and, as such, had no authority to bring the lawsuit or enforce a trespass order.

Moriarty took the matter under advisement, leaving the protesters free to continue to protest, for the moment, and the diocese to await a potential legal basis to evict them.

Information is being sought on the activities, whereabouts and companions of Pouliot on the day Piirainen was abducted in Sturbridge.

The Republican | Mark M. MurrayHampden County District Attorney Mark G. Mastroianni, listens to a reporters questions during tuesdays press conference at the Hall of Justice, in which new evidence in the 1993 death of Holly Piirainen was disclosed .A photo of the late David Pouliot of Springfield,, right was on the monitor , he was the person whose name came up as a result of new forensic evidence.

SPRINGFIELD – There has been a strong response to an appeal for information about the late David E. Pouliot and the 1993 killing of 10-year-old Holly Piirainen that he has been linked to, Hampden District Attorney Mark G. Mastroianni said late Wednesday.

“Even though we didn’t ask them to call (the DA’s office) directly, the phones have been ringing. We have people here taking down information and funneling that to the state police,” he said.

“The state police number we did give out has been getting information as well. I think it’s fair to say it’s been a very busy day,” Mastroianni said.

Nearly 20 years after her body was found in a wooded area of Brimfield, Mastroianni and state police detectives announced at a press conference Tuesday they have new forensic evidence which may help them identify who killed Holly.

During the conference, Mastroianni called on the public to help gather more information about Pouliot, who died in 2003, and is positively linked by new forensic testing to an item of evidence collected in 1993 when Holly’s body was found.

Although Mastroianni declined to talk about the item, he said, “The nature of the item suggests either Mr. Pouliot or people associated with him were in the area at a time relevant to the disappearance of Holly and the discovery of her remains.”

Information is being sought on the activities, whereabouts and companions of Pouliot on the day the child from Grafton was abducted in Sturbridge in Aug. 5 1993, and in the months which followed. Her body was found more than two months later on Oct. 23.

Mastroianni said Wednesday he is not calling Pouliot a suspect because there are certain evidentiary standards that should be met to use that label. But, “he is clearly someone it’s appropriate to say we need to know more about.”

“He’s an important piece of this right now,” Mastroianni said of the former Springfield resident. “I don’t want to wait another five to 10 years to develop a new piece of evidence, I want to do it now.”

Mastroianni would not detail information being relayed to police, but said calls are either about Pouliot or the case in general.

The Pouliot calls are from those who knew the man or recognize him from the pictures released Tuesday. The other calls often start with the statement, “Well, I’m not sure it’s important,” and relay something the person saw or heard about at the time that didn’t think was important.

He said he and state police Capt. Peter Higgins want people to know nothing is too small to report, and every detail could be a piece in the puzzle investigators are trying to solve.

Mastroianni said since Pouliot cannot be questioned the decision was made to appeal to the public for information

He said investigators told Pouliot family members that information about Pouliot was going to be made public.

“The family members that we have talked to have been very cooperative and have not been obstructive in the least bit,” Mastroianni said. “We certainly realize the stress and everything that comes with it by David Pouliot’s picture being out there.”

Mastroianni said he wanted to stress Pouliot’s name never came up in connection with Holly’s death until the new forensic testing on the item first found in 1993.

Pouliot’s death certificate said he died of congestive heart failure aggravated by diabetes and cocaine use.

He had only had one arrest here, for cocaine possession in 1999. In that case he admitted the state had sufficient facts to prove the case but did not plead guilty. The case was continued without a finding for six months and then dismissed when there was no further offense.

Mastroianni said he is not seeking to portray Pouliot as a drug user, and people who had a drug connection with him should not hesitate to come forward with information.

Mastroianni said investigators are not interested in who was using drugs in the past, just who killed Holly.

Pouliot did not have any known connection to the Piirainen family, according to the district attorney. Pouliot would not have any reason to have known the child would be in Sturbridge, so she would not have been specifically targeted, Higgins said.

City records show Pouliot worked for the Springfield Parks Department from 1976 to 1979 as a motor equipment operator.

The state Department of Youth Services on Wednesday confirmed Pouliot was employed as a group worker at the Westfield facility run by the department.

He was employed from 1983 until 1986 when he resigned. The department’s public relations director Jennifer Kritz said she had no information on why he resigned.

State Sen. Stephen M. Brewer, D-Barre, also announced a $15,000 reward for new information in the case leading to the identification of Piirainen’s killer.

Advocates are seeking $30 million in state funds to compensate for federal reductions.

File photo | The Republican

BOSTON – Gov. Deval L. Patrick on Wednesday announced that federal low-income heating assistance for Massachusetts is set to be cut by about 28 percent this year.

The maximum benefit for low-income people who heat with oil this winter will be $1,025, down from $1,090 last year, said Mary-Leah Assad, spokesman for the state Department of Housing and Community Development. The maximum aid will be $525 for those who heat with gas or electricity, down from $915 last year.

The fuel assistance program serves about 45,000 low-income households in Western Massachusetts.

The Republican file photoAl Norman

Al Norman, executive director of Massachusetts Home Care in Montague, a private nonprofit network of elder agencies, said the federal cut means many low-income people must decide whether to "heat or eat" this winter.

"We need more money," Norman said Wednesday.

The federal government is expected to provide Massachusetts with nearly $133 million this year for the low-income heating assistance, down about 28 percent from about $183 million last year, according to the administration.

Norman said he was disappointed that Patrick failed to offer any state money for the program on Wednesday. Norman said advocates are seeking $30 million state contribution this year to protect people from having to choose between food and heating fuel.

Norman said Patrick should follow the example of Vermont Gov. Peter Shumlin and legislators in Vermont, who announced last week that the state would add $6.1 million to help compensate for federal cuts in the heating assistance.

Associated PressMass. Gov. Deval Patrick speaks during a news conference outside his office at the Statehouse.

Rep. Stephen Kulik, D-Worthington, vice-chairman of the House Ways and Means Committee, said legislators are taking a serious look at possibly providing state money for the program. "I personally believe it will be good if we can do that," Kulik said.

Assad said Patrick does plan to push for additional federal aid for the program. Patrick has been very involved with attempting to increase the federal aid, including organizing a coalition of governors in the Northeast and working closely with Congress.

Though the cut in federal aid will be 28 percent for Massachusetts, the state did receive additional federal funds of nearly $22 million last week and expects to eventually receive a total of $132.7 million this year. The additional aid allowed for sharp increases in maximum benefit levels from earlier estimates for this year.

The announcement from the governor emphasized that the state received a funding increase from the original allocation late last year and the benefit levels will be double where they started in November.

"As winter’s cold weather arrives, this additional funding is crucial to help many of our neighbors heat their homes," Patrick said in a statement.

According to Assad, the maximum benefit for oil heat was cut less than those serviced by gas or electric utilities, partly because oil prices are high. The assistance also needs to pay for the minimum of 100 gallons of oil that suppliers will provide in one delivery, she added.

In addition, state regulations prohibit gas and electric utilities from shutting off low-income, elderly and disabled customers for non-payment until near the end of the heating season.

The funding, provided through local agencies, is vital for people in Western Massachusetts.

During the prior fiscal year, the Valley Opportunity Council in Holyoke, which serves all of Hampden County except Springfield, received applications from 18,735 households and provided an average benefit of $751 to 16,915 households.

At the New England Farm Workers Council, which services Springfield, 15,338 households applied for assistance. The agency provided an average benefit of $753 to 12,347 households, according to data from the state Department of Housing and Community Development.

Community Action of the Franklin, Hampshire and North Quabbin Regions received 10,904 applications and provided an average benefit of $731 to 9,001 households.

The Berkshire Community Action Council in Pittsfield received 9,295 applications and awarded an average benefit of $758 to 8,151 households.

Statewide, about 211,000 households received an average benefit of $744.

State media accused Twitter of helping spread a rumor that former Cuban leader had died, and criticized anti-Castro expatriates it dubbed "necrophiliac counterrevolutionaries" for jumping on the story.

AP file photoNo! No! No! Former Cuban leader Fidel Castro, shown here in a 2002 photo, is still alive and reports of his death on Twitter have been greatly exaggerated by "necrophiliac counterrevolutionaries," the state media of Cuba said Wednesday.

HAVANA (AP) — State media on Wednesday accused the social networking site Twitter of helping spread a rumor that former Cuban leader Fidel Castro had died, and criticized anti-Castro expatriates it dubbed "necrophiliac counterrevolutionaries" for jumping on the story.

An article on the state-run Cubadebate Web site accused Twitter of allowing an account holder with the sign-on "Naroh" to start the rumor on Monday from an Italian server, possibly after it was taken over by a "robot." It says the account was then quickly deactivated.

It said Twitter then helped spread the disinformation by allowing the hash tag "fidelcastro" to become a trending topic. It briefly became the fourth most popular in the world as it drew many more people to the subject.

The site also accused Twitter of censoring subjects in the past that were in favor of the Cuban government.

A Twitter spokesperson, Jodi Olson, said the company had no comment on the specifics of Cuba's complaint, but added "as you know, we don't mediate content." Rumors that a celebrity or other public figure is dead are common on social media sites and can spread quickly because of their nature.

"Naroh," whose account was in active use on Wednesday, was one of more than 50 Twitter users to retweet a message that was a joke in fact casting doubt on the rumors of Castro's death. He and others were posting other, mostly sarcastic, messages about the rumor at the same time.

The account's owner lists his name as "Naroh - David Fdez," and his biography identifies him as a 20-year-old living "between Asturias and Madrid" in Spain.

Reached via Twitter on Wednesday, the owner of the account reacted with shock and amusement. "Obviously I didn't start anything," he tweeted back to an AP reporter. Asked which of his tweets may have gotten Havana's attention, he said he had no idea, that his posts were jokes and that the topic was already trending when he got involved.

He then tweeted to his followers, in Spanish: "Cuba is blaming me for killing Fidel Castro on Twitter. Can I now consider myself a Twit-star?"

Cubadebate also blamed anti-Castro expatriates anxious to see Castro's demise for gleefully furthering the rumor, saying "necrophiliac counterrevolutionaries, aided by some
media, immediately started to party."

AP Photo/Javier Galeano, FileFidel Castro, left, raises his brother's hand, Cuba's President Raul Castro, center, as they sing the anthem of international socialism during the 6th Communist Party Congress in Havana, Cuba on April 11, 2011. Cuban media is upset that Twitter spread a rumor that Fidel Castro had died.

Castro, 85, turned power over to his brother Raul in 2006 during an illness that nearly killed him. He is officially retired, though he occasionally publishes opinion columns.

In recent months, Castro has alluded to the limits of age, but has also taken pride in his longevity. Cuba boasts that along with besting the actuarial tables, the former Cuban leader has survived hundreds of assassination attempts at the hands of his enemies in the United States.

Cubadebate noted that a false story about Castro's demise was spread on the Internet and elsewhere back in August. On that occasion, there was even a computer virus embedded in a spam email titled "Fidel is Dead," which featured a doctored, grainy photograph of the former Cuban leader that appeared to show him lying in a coffin.

As usual, the Cuban government has declined to make any official comment about Castro's health. But the former leader hasn't been silent. On Dec. 31, he sent a get-well letter to a Cuban baseball star that was read over state television.

Cubadebate on Wednesday reiterated a refrain it used the last time the Castro rumors began, saying that the latest hubbub was spread by "people inventing things in the virtual world that even the CIA could not accomplish in real life."

The FEMA funding will cover part of the estimated $7 million leasing costs for 2 prefab buildings set up at Elias Brookings School following the June 1 tornadoes.

The Republican | Mark M. MurrayThe Elias Brookings Elementary School temporary buildings at left, with the original building in the background.

SPRINGFIELD – The city will receive $2.1 million in federal funds to help pay for temporary classrooms at the Elias Brookings elementary school, officials announced Wednesday.

The funding from the Federal Emergency Management Agency will cover part of the estimated $7 million leasing costs for two large, prefab buildings set up at Brookings following the June 1 tornadoes.

The school suffered extensive damage from the first tornado, rendering it unsafe and unusable; to reopen for classes late summer, the city leased two temporary buildings that were installed behind the school, and expects to use them for the next school year as well.

The $2.1 funding was announced by U.S. Rep. Richard E. Neal, D-Springfield and U.S. Senators John F. Kerry, D-Mass. and Scott Brown, R-Mass.

Kerry said the money will help rebuild areas that suffered some of the worst damage from the tornadoes.

“Walking those streets a few hours after the tornadoes cut their path through the area, I saw what looked like a war zone,” said Kerry.

“I spoke to a lot of people even that night who worried that Western Massachusetts would be forgotten when the destruction faded from public view. We refused to let that happen,” he added.

Neal and Brown both said additional reimbursements are expected in coming months.

“Our work is not finished,” Neal said.

Mayor Domenic J. Sarno said the reimbursement was a welcome sign that the flow of state and federal disaster assistance is speeding up; by city estimates, $101 million will be needed to rebuild from the storms, with nearly all the costs expected to be picked up by state and federal funding sources.

School Superintendent Alan J. Ingram said the money will help restore a sense of normalcy for students at Brookings.

“We are grateful for the leadership our senators and congressman have exhibited,” Ingram said. “We’re working hard to make sure (the students) will once again have a permanent school.”

The Legislature passed a bill to allow HCC to borrow $7 million for the project, money that will be paid back by increasing student fees.

Republican file photoStudents walk down stairs at the crowded Holyoke Community College campus.

HOLYOKE – Holyoke Community College has a $7 million plan to expand its campus by buying the headquarters of a well-known photography business and converting it into a health science building.

Wednesday the Legislature passed a bill to allow the college to borrow $7 million from the Massachusetts Development Finance Agency to purchase the Grynn & Barrett Studios on 404 Jarvis Ave., renovate it and provide for related expenses such as new equipment. The legislation has been sent to Gov. Deval L. Patrick, who is expected to sign it.

The college, working with the state Division of Capital Asset Management, will negotiate to purchase the property, which is located just outside of the campus.

“The transaction is in mid-stream and we are not near the end line yet,” College President William F. Messner said.

The Grenier family, which owns Grynn & Barrett, approached Messner last year and said they no longer needed the 8-year-old building and gave the college the chance to purchase it.

The Greniers have operated the business, known for high school yearbook, business and election photographs, since 1948 and plans to move to a new location, said Daniel Grenier, director of sales and marketing.

Republican file photoThe Grynn & Barrett building that Holyoke Community College is interested in purchasing. After the building was constructed, Grenier Photography changed its name.

Advances in technology mean much photo processing is done online and the company has less need for the laboratory space, he said.

Grenier said he wanted to emphasize the company is thriving and is seeking a new, smaller headquarters, preferably in Holyoke.

“Business is actually growing,” he said.

“We had the opportunity to sell the building to Holyoke Community College. They’re close and they need the space. ... It works out for both of us,” he said.

Faced with a growing enrollment, severe space crunch, and a health science department that could use a modernized space, Messner said he started working with state officials who helped him through the bureaucratic process to make the purchase.

“It is about ideal as we could hope for,” Messner said.

The building is located just off George Frost Road and is a half-mile to the main campus building. The about 22,000-square-foot building will be easy to renovate to create a high-tech facility for the two nursing programs and the radiological technology program, he said.

The new building will allow the college to expand its program, but it will not come close to shrinking its long waiting list for people who want to enter it. It currently takes about 50 new nursing students a year while receiving 400 applications, Messner said.

It would be impossible to construct the same building on campus for $7 million. While there is vacant land, it is mostly unusable because of the topography and environmental sensitivity, Messner said.

The $7 million loan will be paid back over 30 years through an increase in student fees. There will be a new $150 per semester charge for students in the registered nursing, practical nursing and radiological technology departments who will use the building, a $100 per-semester surcharge for pre-nursing, pre-health and foundations for health students and a $1 per credit charge for all students. Currently the average tuition is $4,050 for a full-time student.

State Sen. Michael R. Knapik, R-Westfield, and state Rep. Michael F. Kane, D-Holyoke, said they supported the initiative, especially because there is demand for nurses and others in the medical field.

It is positive for the college to be able to expand into a good building, but there are negatives as well, Kane said.

“The concern in the city of Holyoke is the loss of tax revenue, but in the end it won’t be a boarded-up building,” he said.

The building is assessed at $1.17 million. The annual taxes Grynn & Barrett paid was not immediately available.

“I think it is an innovative way to meet the college’s need,” Knapik said. “It is a win-win for the college and the Greniers.”

Mayor Alex B. Morse said he will work with the city Office of Planning and Development to find another site here for Grynn & Barrett.

The college expansion is a plus for the city, said Morse, who said he will try to forge ties between the nursing school and health services students who attend William J. Dean Technical High School.

“I think it’s fantastic news for the city of Holyoke,” Morse said.

The deal will be helpful in other ways. The college wants to increase its community outreach. That can be done with two facilities adjacent to Grynn & Barrett, the Sullivan School and Beaudoin Village, a Holyoke Housing Authority apartment complex, said Kathleen G. Anderson, director of the city Office of Planning and Development.

“To be able to expand their programs will be extremely beneficial to the community,” Anderson said.

Announcement of legislative approval of the Holyoke Community College plans

Calling hours will be held on Thursday for the Warren car crash victim.

File photo

WARREN – A story that appeared in the Worcester Telegram & Gazette this week identified the victim of last week's car crash in Warren as David J. Reardon, 35, of Brimfield Road.

Reardon died on Dec. 29 after he crashed his southbound Chevrolet into a utility pole on Brimfield Road (Route 19). Police still have not released the name of the driver involved in the car crash because they are waiting for the information from the medical examiner's office.

An obituary stated that he was born in Hudson, N.Y., and lived most of his life in West Brookfield before moving to Warren in 2002, and that he was the manager for 10 years at the Clam Box in Brookfield, where he organized their annual coat drive.

Reardon leaves behind his two sons.

A funeral mass will be held Friday at 10 a.m. in the Sacred Heart Church in Our Lady of the Sacred Heart Parish in West Brookfield. Calling hours will be held Thursday from 4 to 7 p.m. in the Varnum Funeral Home, Inc., 43 East Main St., West Brookfield.

In lieu of flowers, memorial donations may be made to the fund for the benefit of the children of David J. Reardon, c/o North Brookfield Savings Bank, P.O. Box 1031, West Brookfield, MA, 01585.

Police said the accident was reported just after midnight, and that speed is believed to be a factor.

Police said the driver struck a utility pole, then went across the road and struck another pole. Wires came down on the car, causing a fire, police said.

The fire chief has said that Michael R. Stump was along in his Sibley Avenue home at the time of a fire that destroyed the dwelling.

The Republican file photo | John SuchockiFire investigators look over the scene of the fire that destroyed a house at 332 Sibley Ave. in West Springfield.

WEST SPRINGFIELD – Investigators have identified the person whose body was found in a Sibley Avenue house after a blaze last month as that of Michael R. Stump, the owner of the property, Fire Chief William M. Flaherty said Wednesday.

The chief said arson investigators from his department, the Hampden District Attorney’s Office and the State Fire Marshal’s Office are still working to determine the cause and origin of the Dec. 14 fire at 332 Sibley Ave. The blaze destroyed the raised ranch at that address.

The chief said arson investigators from his department, the Hampden District Attorney’s Office and the state Fire Marshal’s office are still working to determine the cause and origin of the Dec. 14 fire at 332 Sibley Ave. The blaze destroyed the raised ranch at that address.

Michael Stump

“I don’t know if they will be able to find a cause because of the amount of the destruction,” Flaherty said.

In addition, Flaherty said his department is awaiting information from the state medical examiner’s office in Boston on the cause of 55-year-old Stump’s death.

A dead dog was also found in the charred remains of the house. The bodies of the dog and Stump were found in a back bedroom.

On arriving at the fire, which was reported about 2:20 a.m., firefighters found the roof destroyed and parts of the building collapsing into the cellar.

Flaherty said Stump lived in the house with his wife, Ellen C. Page Stump, and her adult son Nicholas Ruffo. Neither of them were at home at the time of the fire, according to Flaherty, who said Stump was alone at the time.

Neighbors have said the family moved into the well established area two to three years ago and its members kept to themselves.

A Springfield resident, Superneau held a variety of public works positions for 40 years.

SPRINGFIELD – Joseph J. Superneau, executive director of the city’s Water and Sewer Commission, died Tuesday.

Joseph Superneau

A Springfield resident, Superneau held a variety of public works positions for 40 years, including Department of Public Works director in Springfield and deputy chief engineer of highway operations for the Massachusetts Highway Department.

A graduate of Western New England College with a degree in engineering and management, Superneau began working for the city in October of 1975 as deputy director of the DPW and became director in May of 1986.

He left to take the first of a series of posts with the Massachusetts Highway Department in 1989, leaving for the private sector in 1994 after serving as deputy chief engineer of highway operations.

In 1999, Superneau was named deputy executive director of the Water and Sewer Commission, and became executive director in 2000, overseeing a $48 million annual operating budget and 235 employees for a system that provided water to a region with a population of 250,000.

Mayor Domenic J. Sarno said that Superneau served the public with distinction for four decades.

“I am very sorry to hear about the passing of Joe Superneau and extend my heartfelt condolences to the entire Superneau family and to his extended employee family at the Springfield Water and Sewer Commission, where he served as the executive director,” Sarno said.

“He was a man of great integrity and he administered the Water and Sewer commission’s operations with a tremendous sense of dedication. I considered him a great friend, and he will be sadly missed.”

Romney has a national donor network that's raised more than $32 million during the first nine months of 2011.

AP Photo | Charles KrupaRepublican presidential candidate former Pennsylvania Sen. Rick Santorum reaches to greet children during a campaign stop in Brentwood, N.H., Wednesday, Jan. 4, 2012.

JACK GILLUM, Associated Press

WASHINGTON (AP) — As they try to derail Mitt Romney's presidential campaign, his challengers face an urgent task: raising enough cash to compete.

The campaign for the GOP nomination is moving into states that are more dependent on TV advertising, and nobody has yet been able to match the former Massachusetts governor's financial operation.

Rick Santorum, riding a wave of momentum, nearly won Iowa's caucuses on a shoestring but has no national fundraising network. Newt Gingrich vows to go after Romney in New Hampshire, but if history is any guide, he lacks the cash to do it. And Texas Gov. Rick Perry, a prolific fundraiser, still might be a threat — but the Iowa results showed his support has waned.

Romney's campaign has spent more than $17 million since January, while Gingrich and Santorum have each spent less than one-sixth of that.

Santorum, who finished just eight votes behind Romney in Tuesday's caucuses, has already seen a surge of online donations, enough to cripple his campaign's website shortly after the Iowa results were announced.

Santorum aides reported raising $1 million Wednesday alone, and campaign manager Mike Biundo has said the campaign's fundraising pace has tripled over the last week.

But with just five days to go before the New Hampshire primary, it's unclear how Santorum, Gingrich and Perry can compete financially with Romney in New England and beyond.

An Associated Press review of federal campaign-finance data reveals a stark contrast between Romney and most of the GOP's remaining candidates. Romney has a national donor network that's raised more than $32 million during the first nine months of 2011, the most recent data available.

Other candidates are more limited. Santorum received many of his contributions from Pennsylvania and Florida. Much of Perry's money — including from outside groups — came from Texas. Ron Paul, with $12 million, has been financially competitive, but his libertarian views limit his appeal to GOP primary voters.

Romney had little trouble raising cash from across the nation during that same period — garnering donations from liberal-leaning districts as well as GOP strongholds in the South.

Complicating this election has been the explosion of outside political action committees, known as super PACs, which have spent millions in support of their favored candidates. While they must legally remain independent from candidates, they've helped the Iowa front-runners in part by deflating the brief surge of Gingrich, who especially suffered from negative ads by the Romney-backing Restore Our Future PAC.

Among the disparities so far:

—Individual donors: To date, Romney has drawn more than $32 million in individual contributions. Gingrich took in just under $3 million since early 2011, Santorum just over $1 million.

—Super PACs: These outside groups spent at least $5 million on ads leading up to the Iowa caucuses, notably from Restore Our Future. Santorum's campaign spent an anemic $4,200 on ads in the state, while his supportive super PAC — the Red, White and Blue Fund — spent about half a million dollars in Iowa media markets and is expected to spend more in other primaries.

—Defunct campaigns: Candidates often seek to recruit the fundraisers of their rivals who withdraw from the race. But following Tuesday's results, only one candidate — Rep. Michele Bachmann — has dropped out. Since January, the Minnesota congresswoman has raised about $5 million but reported about $1 million cash-on-hand this fall, putting her near the middle of the GOP fundraising heap.

As Santorum and the others rush to expand their operations, Romney is wasting no time. On Wednesday morning, his campaign released a new campaign video, titled "American Optimism," which makes a nod toward New Hampshire.

While Lt. Governor Tim Murray may have walked away from a near death experience on Route 190, the future of his political career is turning into an even bigger car wreck.

AP PhotoLt. Governor Tim Murray's state-owned Crown Victoria sitting in the Holden State Police Barracks.

Massachusetts Lt. Governor Tim Murray may have walked away unscathed from a November 2 car wreck, but he hasn't managed to walk away from the question and answer period that continues to ensue.

Published reports in today's editions of the Boston Herald and Daily Hampshire Gazette continue to raise questions and cast doubt on Murray's claim that he fell asleep behind the wheel of his car resulting in a 108 mile-per-hour crash.

Margery Eagan's column in the Boston Herald suggests that if Murray plans on seeking higher office in the future, he had better decide to come clean now about what really happened.

An article in today's edition of the Daily Hampshire Gazette examines the findings of Northampton based Accident Analysis Group, which examined the 'black box' in Murray's car.

From the Daily Hampshire Gazette article:

"I don't see evidence here of someone asleep," said analyst James Verhasselt, who reviewed the data and discussed it with the Gazette on Wednesday. "I don't see anything to support that theory."

From Fox25 Boston:

New photos shed light on Mass. Lt. Governor Murray's car wreck: MyFoxBOSTON.com

For his part Lt. Governor Murray says he accepts the State Police version of the story, that he fell asleep behind the wheel of his car on Route 190 in Sterling. Following the continuing reports of the accident that occurred two months ago, the State Police fined him $555 ticket for speeding. Murray was also fined for not wearing a seat belt and a marked lanes violation.

Like most unusual events that occur in the dark and in the middle of nowhere, the Lt. Governor's car accident continues to raise more questions that it supplies answers.

Why did it take so long for accident reconstruction for the number two political figure in the Commonwealth? As reported in the Boston Herald piece today, why was the Lt. Governor driving a state owned vehicle 108mph at 5 o'clock in the morning?

Why did Murray say he was wearing a seat belt when he most certainly was not. And lastly, why has it taken so long for cell phone records regarding calls and/or texting to be released?

So, I guess we're still not sure what the Lt. Governor was up to on the morning of November 2. And while he may have walked away from a near death experience on Route 190, the future of his political career is turning into an even bigger car wreck.

The victim, who went over a 15 to 18 foot railing, was treated and released.

Republican file photo03.09.11 | Photo by Julian Feller-Cohen – A West Springfield Police Department cruiser.

WEST SPRINGFIELD – Police charged a 30-year-old Springfield man with attempted murder after an early New Year’s Day brawl sent another man over a second-floor railing at the River Inn Motel on Main Street.

Sgt. Jeffrey Harlow said the incident began about a half-hour into the New Year when the victim went to another room to complain about excessive noise.

“He knocked on the door and (suspect Giovanni J.) Cotto came out,” Harlow said. “There was an argument and then it got physical and at one point the victim went over the railing.”

Harlow said the victim, who fell some 15 to 18 feet to the ground, was treated at a hospital and released. Cotto lives at 97 Orchard St., Springfield.

Additional information was not immediately available.

The Brownsville, Texas police chief said the teen was pointing the weapon at officers.

Associated PressNancy Blanco and her husband Arturo Carreon comforted their two children, Ashley Carreon,12, and Josey Lynn Carreon,13, after being reunited with them at Dean Porter Park in Brownsville,Texas Wednesday, Jan. 4, 2012. The park is across the street from Cummings Middle School. A 15 year-old student was shot and killed by Brownsville police at the school after he was seen brandishing a weapon inside the school.

BROWNSVILLE, Texas — The parents of an eighth grader who was fatally shot by police inside his South Texas school are demanding to know why officers took lethal action, but police said the boy was brandishing — and refused to drop — what appeared to be a handgun and that the officers acted correctly.

The weapon turned out to be a pellet gun that closely resembled the real thing, police said late Wednesday, several hours after 15-year-old Jaime Gonzalez was repeatedly shot in a hallway at Cummings Middle School in Brownsville. No one else was injured.

"Why was so much excess force used on a minor?" the boy's father, Jaime Gonzalez Sr., asked The Associated Press outside the family's home Wednesday night. "Three shots. Why not one that would bring him down?"

His mother, Noralva Gonzalez, showed off a photo on her phone of a beaming Jaime in his drum major uniform standing with his band instructors. Then she flipped through three close-up photos she took of bullet wounds in her son's body, including one in the back of his head.

"What happened was an injustice," she said angrily. "I know that my son wasn't perfect, but he was a great kid."

Interim Police Chief Orlando Rodriguez said the teen was pointing the weapon at officers and "had plenty of opportunities to lower the gun and listen to the officers' orders, and he didn't want to."

The chief said his officers had every right to do what they did to protect themselves and other students even though there weren't many others in the hallway at the time. Police said officers fired three shots.

Shortly before the confrontation, Jaime had walked into a classroom and punched a boy in the nose for no apparent reason, Rodriguez said. Police did not know why he pulled out the weapon, but "we think it looks like this was a way to bring attention to himself," Rodriguez said.

About 20 minutes elapsed between police receiving a call about an armed student and shots being fired, according to police and student accounts. Authorities declined to share what the boy said before he was shot.

The shooting happened during first period at the school in Brownsville, a city at Texas' southern tip just across the Mexican border. Teachers locked classroom doors and turned off lights, and some frightened students dove under their desks. They could hear police charge down the hallway and shout for Gonzalez to drop the weapon, followed by several shots.

Two officers fired three shots, hitting Gonzalez at least twice, police said.

David A. Dusenbury, a retired deputy police chief in Long Beach, Calif., who now consults on police tactics, said the officers were probably justified.

If the boy were raising the gun as if to fire at someone, "then it's unfortunate, but the officer certainly would have the right under the law to use deadly force."

A recording of police radio traffic posted on KGBT-TV's website indicates that officers responding to the school believed the teen had a handgun. An officer is heard describing the teen's clothes and appearance, saying he's "holding a handgun, black in color." The officer also said that from the front door, he could see the boy in the school's main office.

Less than two minutes later, someone yells over the radio "shots fired" and emergency crews are asked to respond. About two minutes later, someone asks where the boy was shot, prompting responses that he was shot in the chest and "from the back of the head."

Administrators said the school would be closed Thursday but students would be able to attend classes at a new elementary school that isn't being used.

Superintendent Carl Montoya remembered Gonzalez as "a very positive young man."

"He did music. He worked well with everybody. Just something unfortunately happened today that caused his behavior to go the way it went. So I don't know," he said Wednesday.

Gonzalez Sr. said he had no idea where his son got the gun or why he brought it to school, adding: "We wouldn't give him a gift like that."

He said he last saw his son around 6:30 a.m. Wednesday, when the boy said goodbye before leaving to catch the bus to school. And he said nothing seemed amiss the night before when he, his wife and their son went out for nachos then went home and watched a movie.

Gonzalez Sr. was struggling to reconcile the day's events, saying his son seemed to be doing better in school and was always helpful around the neighborhood mowing neighbors' lawns, washing dogs and carrying his toolbox off to fix other kids' bikes.

Two dozen of his son's friends and classmates gathered in the dark street outside the family's home Wednesday night. Jaime's best friend, 16-year-old Star Rodriguez, said her favorite memory was when Jaime came to her party Dec. 29 and they danced and sang together.

"He was like a brother to me," she said.