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Hampden DA Mark Mastroianni applauds Jeffrey Asher guilty verdict; defense lawyer plans appeal

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Prosecutor Elizabeth Dunphy Farris wanted Asher incarcerated while awaiting sentencing, but defense lawyer Joseph Monahan III argued successfully against that move. Watch video

022812 jeffrey asher joseph monahan iii.JPGMoments after former Springfield Police officer Jeffrey Asher, left, was found guilty on both counts of assault and battery and assault and battery with a dangerous weapon, his lawyer Joseph Monahan III speaks to him Tuesday in Chicopee District Court.

CHICOPEE – A district court jury Tuesday found former Springfield patrolman Jeffrey M. Asher guilty of a violent assault on Melvin Jones III during a traffic stop, ending a crucial chapter in a saga that began on a dark November night more than two years ago.

Asher will be sentenced March 28 by Judge Maureen E. Walsh on the convictions for assault and battery with a dangerous weapon (flashlight) and assault and battery.

Prosecutor Elizabeth Dunphy Farris, who during her closing argument called Asher “a bully with a badge,” asked Walsh to revoke Asher’s bail and take him into custody in the courtroom. She said she is going to ask for a jail sentence at the sentencing.

Joseph Monahan III, Asher’s lawyer, argued successfully against that move, saying Asher has no record, has a wife and two children, and owns a home.

Dunphy Farris wanted the sentencing to take place Tuesday soon after the verdict. Jones, who is in jail awaiting trial on an unrelated drug case, had been brought to the courthouse and was to give a victim impact statement at the sentencing.

Monahan successfully asked Walsh to delay the sentencing to the March date so the probation department can do a pre-sentence report. That includes information from interviews with the defendant and others meant as an aid to a judge in sentencing.

Hampden County District Attorney Mark G. Mastroianni said he was satisfied with the jury’s decision.

“It was the right verdict. A crime was committed; that was why I prosecuted it,” Mastroianni said, cautioning that local police should not view the prosecution as a broad condemnation of the force.

“I certainly recognize that 99.9 percent of police interaction with the public is at the highest level of professionalism. I recognize what an enormous responsibility and what difficult jobs they have,” he said.

Not only does Asher face potential time behind bars, his public disability pension (which was approved by the state a day before his firing in 2010) could be in jeopardy, according to a lawyer for the state public pension system.

While Asher’s firing has no bearing on his retirement, a criminal conviction could prompt a move by the city to revoke his benefits, which would be vetted by the state, officials said. The assault and battery with a dangerous weapon conviction is a felony.

After the verdict, Melvin Jones II, father of Melvin Jones III, said he was very pleased with the verdict. “I didn’t know what to expect, but at this point I think justice has finally been served,” he said.

Monahan said he thinks Asher got a fair trial. “The judge conducted a fair trial and the DA did a good job,” he said.

Monahan said, “Obviously we’re extremely disappointed. I was optimistic from the start of this case. I thought that we put in a good case for self-defense and defense of others. I just think the jury missed it. I think they missed it.”

“We’re going to appeal the case,” he said. “We have some solid grounds for appeal. Some of it has to do with the charge (jury instructions) that the judge gave the jury. I objected. We disagreed on certain elements and those are the elements the appeals court will look at. I’m optimistic. One of them has to do with police function and officers’ right to use reasonable force to effect an arrest.”

“I think those are key. They were part of the case. By not being able to argue that, I was, no pun intended, handcuffed,” Monahan said.

The Republican and Masslive.com made public an amateur video of the incident made by Tyrisha Greene, a woman who lives on Rifle Street. Parts of the video, enhanced by a company hired by prosecutors, were shown at the trial repeatedly.

Monahan said, “I think they kept looking at that video, over and over and over and the video is brutal unto itself. “

“And I think if you carefully look at the video and listen to what’s said – apart from the statements made by Tyrisha Greene and Macanthony Mack (Greene’s friend) which were scripted for Hollywood – you can see that there was a struggle and you can hear that there was a struggle and that was the basis for the force that was used,” he said.

Asked how Asher responded to the verdict, Monahan said, “He is, like I am, he’s very disappointed and surprised. He was optimistic and he thought that the jury would come back with a not guilty finding because he sincerely believes that he acted in self-defense and defense of others when he used the force he used."

Monahan said Asher said “he was in abject fear of Melvin Jones III obtaining a firearm, getting access to it and then using it on the officers that were there and other people.”

Monahan said, “It's a routine traffic stop. I mean these things do happen and he thought that might have been one of those instances where the criminal – and Jones is a criminal – took it out on the police officer.”

The case originated not by law enforcement officials, but because Jones in October 2010 filed an application in District Court for a criminal complaint against Asher and three other officers from the Nov. 27, 2009, Rifle Street incident.

He did so after then-Hampden District Attorney William M. Bennett failed to convene a grand jury into the officers’ conduct.

Jared Olanoff, Jones’ lawyer at the time he filed for the complaint, said, “As someone who has been here since the beginning and brought the case with Melvin, I am certainly pleased with the outcome.

“The jury certainly took their time and came out with a just verdict. It was a verdict based on the facts and it's a great verdict because it’s the first time members of the public have had a chance to weigh in on this case,” Olanoff said.

“For years now, almost two years I think, this case has been with administrators, officials, the police department and its been met with considerable resistance,” Olanoff said.

“But this is the first time that the people have been able to weight in. They’ve made their voice heard,” he said.

Jones a year ago filed suit in federal court against a half-dozen Springfield officers, Police Commissioner William J. Fitchet, and the city over the Nov. 27, 2009 incident.

He said he was beaten unconscious, blinded in one eye and went to the hospital with a broken nose, fingers, teeth and facial bones. The lawsuit alleges police brutality and an attempted cover-up. It seeks money damages and attorney’s fees.

Shawn Allyn, Jones' lawyer on the civil case, said, “I think justice finally has been done today for Melvin Jones. We’re very grateful for the district attorney in taking the case seriously and in prosecuting it.”

The all-white jury of four men and two women deliberated for about seven hours before reaching a verdict. There is no minimum mandatory sentence for the convictions.

State law says punishment for assault and battery by means of a dangerous weapon “shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment.”


Holyoke police charge William Delgado of Springfield with hitting man in head with hammer

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The 50-year-old victim was taken first to Holyoke Medical Center and then to Baystate Medical Center in Springfield, where he underwent surgery for several skull fractures and was recovering, police said.

Updates a story posted Tuesday at 5:55 a.m.


HOLYOKE – A Springfield man broke a local man’s skull with a hammer and the victim was recovering after surgery, police said Tuesday.

William Delgado, 26, of 14 Berard Circle, Springfield, was charged with assault and battery with a dangerous weapon and assault with intent to commit a crime (murder), Capt. Arthur R. Monfette said.

Delgado turned himself in to police early Tuesday, and the motive for the late-Monday hammer attack was under investigation, Monfette said. Delgado was scheduled to be in Holyoke District Court Tuesday, but arraignment information was unavailable.

Under investigation is whether the incident occurred inside 176 West St. or outdoors near there, Monfette said.

The 50-year-old victim was taken first to Holyoke Medical Center and then to Baystate Medical Center in Springfield, where he underwent surgery for several skull fractures and was recovering, Monfette said.

Police were called to the scene at 11:24 p.m. on Monday. The victim appeared to have been struck on the head several times, Monfette said. The hammer has yet to be recovered, he said.

Benjamin Sanchez of Springfield found guilty, sentenced to life in prison for killing his wife, Ana Cruz

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Benjamin Sanchez was convicted for the 2009 stabbing of his wife Ana Cruz. He then burned her home down.

Murder Trial of Benjamin Sanchez Begins Benjamin Sanchez listens as his lawyer makes opening remarks to the jury during Sanchez' murder trial in Hampden Superior Court. Sanchez on Tuesday was found guilty of first degree murder in the death of his estranged wife, Ana Cruz. On the right is court interpreter Fanor Solano.

SPRINGFIELD – After two years and seven months of waiting, the family of Ana I. Cruz can start to heal now that Benjamin Sanchez of Springfield has been convicted of first degree murder for the 2009 murder of his estranged wife.

Judge Peter Velis sentenced Sanchez to life in prison without the possibility of parole on Tuesday in Hampden Superior Court.

Assistant District Attorney James C. Orenstein said Sanchez was found guilty on all counts, including murder in the first degree, in the oft-delayed trial. He was found guilty of premeditation and extreme atrocity or cruelty for stabbing his wife on July 12, 2009 and then burning her home to cover up the murder.

Jurors also found Sanchez guilty of one count of arson of a dwelling, in this case, 681 Bay St. in Springfield, where Cruz lived. He will serve an additional 18-20 years for the arson conviction.

Sanchez was also found guilty of two counts of violating a restraining order for which he will serve two-and-a-half years concurrent with the life sentence, Orenstein said.

It was a Sunday after midnight when Sanchez, 39, of 55 Better Way, stabbed Cruz, 38, and then burned her home. An autopsy concluded Cruz died from stab wounds and smoke inhalation.

Cruz left two sons, two daughters, her parents, three brothers, two sisters, four grandchildren and many other relatives.

Cruz’s family said she had made legal attempts to get away from her husband.

cruz.JPGAna Cruz

“She fought for her life and tried to get help, but it was too late,” said her niece Shanice Santos, who read an impact statement before his sentencing.

On March 13, 2009 Cruz went to the Springfield Police Department to file a report in which she stated her husband Benjamin Sanchez had threatened to stab her “20 million times,” according to court records. The restraining order she obtained against Sanchez was in effect when her body was discovered.

Cruz’s daughter Vanessa Garcia also read an impact statement.

“My siblings and I are lost without her,” Garcia said. “ She made sure everyone was happy and content before she thought about herself. She went out of her way to see the smiles and joy in other people’s hearts.”

Garcia described her mother as a hardworking person who loved her family.

Cruz was a phlebotomist at Baystate Health Systems for many years. She had three children before she married Sanchez, and they had one son.

“The two years and seven months of hearing motions and the trial have been stressful and haven’t allowed us to move on,” Garcia said.

Orenstein said the case was delayed in part because there was a question as to whether Sanchez was competent enough to stand trial. Sanchez spent some time at Bridgewater State Hospital after his arrest.

Santos said her aunt was her friend and her hero.

“We lost the most wonderful woman in the world,” she said. “ The woman who smiled regardless of what she went through.”

Orenstein said the jury was attentive and responsible.

“We are very appreciative for their hard work and their verdict,” he said.

Rachel Maddow to speak at Mount Holyoke College

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Maddow, the liberal political commentator and host of a show on MSNBC, will give a reading from her new book.

RachelMaddow2008.jpgTalk show host Rachel Maddow is seen on the set of the "The Rachel Maddow Show" in this publicity photo released by NBC-TV.


SOUTH HADLEY - Rachel Maddow, host of the MSNBC program "The Rachel Maddow Show," is scheduled to speak at Mount Holyoke College March 31 at 7p.m. in Chapin Auditorium.

Her appearance is sponsored by the Five College Women's Studies Research Center, the Odyssey Bookshop and the Department of Gender Studies at Mount Holyoke College.

Doors open at 6 p.m.

Maddow will read from her new book, "Drift: The Unmooring of American Military Power," in she argues that the United States has drifted away from its original ideals and become a nation oddly at peace with perpetual war, with all the financial and human costs that entails.

"Rachel Maddow is truly a role model for women who are dedicated to examining the issues that drive public discourse. Her insistence on informed debate is one of the cornerstones of engaged feminism as a model for exchange across political and cultural differences," said Mount Holyoke professor Karen Remmler, director of the research center.

Tickets for this event are $5 and go on sale March 1 at the Odyssey Bookshop and online at www.odysseybks.com.

A limited number of priority tickets, which include the general admission ticket, a copy of Drift, and a guaranteed signing by Maddow, are available for $31.50.

The college Office of Student Programs will also make available a limited number of free tickets to students for the second balcony. Tickets will be available at the on a first-come, first-served basis beginning Wednesday at the information desk in Blanchard Campus Center. Tickets will be given out one per student to each person with a Mount Holyoke ID.

After reading from her book, Maddow will conduct a book signing for copies of her book for purchased at the Odyssey. There is a limit of three autographs per person.

Partial proceeds from this event will support new initiatives on women and the media at the Five College Women's Studies Research Center.

Maddow is a former morning personality at Northampton’s WRSI, 93.9 FM. She still has ties to the region as she and partner Susan Mikula share a home in Western Massachusetts.

For more information, contact Sydney Towne at the Odyssey at 413-534-7307, extension 103 or odysseynews@aol.com.

Judge finds lost police evidence in Springfield assault case against Michael Ververis 'extremely troubling'

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Assistant District Attorney Max Bennett said the defense never proved the cellphone video would have shed light on the arrest, assuming the video existed in the first place.

michael ververis website screen grab.JPGA screen grab from the "Justice for Michael" website. Michael Ververis is charged with assault and battery on a police officer, attempted larceny of a firearm and other charges from a January 2011 incident on Worthington St. in Springfield.

Updates a story posted Tuesday at 1:43 p.m.


SPRINGFIELD – A judge scolded the Springfield Police Department Tuesday for mishandling a cellphone seized from a witness attempting to film a violent arrest in the entertainment district in January 2011.

“It is extremely troubling,” Springfield District Court Judge William P. Hadley said, after pointing out that the cellphone – potentially crucial evidence in a pending criminal case – was given back to its owner last April, who said she threw it away after finding the video had been erased.

Hadley is considering a defense motion to dismiss charges against Middletown, Conn., resident Michael Ververis, 24, who claims he was punched, kicked and choked while being arrested by Sgt. Steven Kent and five other officers during a closing-time disturbance on Worthington Street.

Following two days of testimony on the motion, Hadley gave lawyers for both sides until March 7 to file final briefs before he issues a decision.

Police said the charges against Ververis – disorderly conduct, resisting arrest, assault and battery on a police officer, and attempted larceny of a firearm – were filed after he tried to steal Kent’s gun as the sergeant pulled him from a vehicle that was blocking traffic on Worthington Street.

The defense maintains that police used excessive force while arresting Ververis, then manufactured the assault and firearm charges to justify his injuries.

In his closing argument, defense lawyer Luke Ryan said he was stunned by the series of lapses that led to the cellphone being lost as evidence that could have exonerated his client.

“If this isn’t bad faith, then it's monumental incompetence,” Ryan said, urging the judge to dismiss the case and “send a message that this is not acceptable.”

But Assistant District Attorney Max Bennett said the defense never proved the cellphone video would have shed light on the arrest, assuming the video existed in the first place.

“Instead of solid evidence, we have wishful thinking,” Bennett said, adding that the woman who shot the purported video, 38-year old Raquel Perosa, acknowledged that she never saw Kent kicking the defendant after he allegedly tried to steal his weapon.

Since neither Perosa nor the defense ever saw the video, Bennett added, “it could just be a fingerprint on a lens.”

Earlier Tuesday, Perosa testified that officer Christopher Collins took her cellphone as soon as he realized she was filming the arrest. “I told him if he wanted to erase it, erase it, but I wanted my phone back,” Perosa said, speaking through an interpreter.

Under questioning from Bennett, Perosa acknowledged that she could not be sure she saved the video before turning it over to Collins.

But an expert witness for the defense, Michael Verronneau of Fairhaven, said the type of phone she had would likely have automatically saved the video.

If Springfield police had notified the defense that it has given the cellphone back to Perosa, Ryan said he would have filed an emergency motion requiring her to give it back.

Mardi Gras in Springfield gets 13-day state liquor license suspension; will be reduced by payment of fine

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The fine will be based on 50 percent of the gross profits on liquor sales for those days.

201_mardi_gras_strip_club.jpgThe Mardi Gras strip club in Springfield has received a 13-day liquor license suspension.

SPRINGFIELD – The state Alcoholic Beverages Control Commission has issued a 13-day liquor license suspension at the Mardi Gras strip club, but the bar plans to pay a large fine instead to reduce the length of the suspension, according to its lawyer.

The commission issued the suspension following a Feb. 7 hearing, after ruling that the downtown club had served a mixed drink to an intoxicated customer in September. Two state investigators were in the bar on Taylor Street at the time and witnessed the violation of state law, according to the commission.

In addition, the commission cited a prior incident in 2010 when the Mardi Gras served an intoxicated customer. In that case, the Mardi Gras chose to pay a $19,300 fine, accepted by the state in lieu of a 10-day license suspension.

“We are disappointed obviously,” said Daniel D. Kelly, a lawyer for the Mardi Gras. “I think it is a blemish on an overall good record.”

The commission stipulated that the Mardi Gras will have to lose its liquor license for two days to be scheduled, but can offer to pay a fine instead of accepting the 11 remaining days of the suspension.

Kelly said that option will be pursued. The bar is owned by Mardi Gras Entertainment Inc., whose sole corporate officer is Anthony L. Santaniello of 195 Groveland St., according to state corporate records.

The fine, by law, is based on the bar paying 50 percent of its gross profits on liquor sales only for the number of days of the suspension, according to a Chandra J. Allard, a spokeswoman for the state treasurer’s office.

The amount of the fine is not yet determined, as full-year receipts and profits must be reviewed to determine a per-day average calculation, Allard said.

The commission, in its decision, stated that the facts showed that a customer named Renee was sold a mixed drink after acting in an intoxicated manner including being unsteady on her feet and “attempting to sit down on the bar stool and nearly falling off of it.”

In addition, Renee was seen on different occasions placing her face in the lap of a female dancer, according to an investigator’s report.

Kelly said the bar is one of the larger bars in Springfield, and the woman had apparently been drinking before coming to the Mardi Gras.

“These things happen,” Kelly said. “It comes hand in hand sometimes with the business.”

In the prior incident in 2010, the commission ordered the seven-day suspension and three days held in abeyance for a period of two years provided no further violation occurred. The September incident was a violation of those conditions, contributing to the 13-day suspension, the commission ruled.

In an unrelated case, the commission ruled in January that the Limelight Room Inc., doing business as Limelight, at 357 Cottage St., was in violation of serving an intoxicated customer in September. The commission suspended the license for three days, but stipulated the days would be held in abeyance for a period of two years provided there are no further violations.

Michigan primary: Mitt Romney edges Rick Santorum

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The former Massachusetts governor won easily in Arizona, giving him a 2-state primary sweep and precious momentum in the most turbulent Republican presidential race in a generation.

022812 mitt romney michigan.jpgRepublican presidential candidate, former Massachusetts Gov. Mitt Romney waves at his election night party in Novi, Mich., Tuesday, Feb. 28, 2012. (AP Photo/Carlos Osorio)

By DAVID ESPO and KASIE HUNT

WASHINGTON — Mitt Romney scored a hard-won, home state triumph in Michigan and powered to victory in Arizona Tuesday night, gaining a two-state primary sweep over Rick Santorum and precious momentum in the most turbulent Republican presidential race in a generation.

Romney tweeted his delight — and his determination: "I take great pride in my Michigan roots, and am humbled to have received so much support here these past few weeks. On to the March contests."

The two other candidates, Newt Gingrich and Ron Paul, made little effort in either state, pointing instead to next week's 10-state collection of Super Tuesday primaries and caucuses.

Romney's Arizona triumph came in a race that was scarcely contested, and he pocketed all of the 29 Republican National Convention delegates at stake in the winner-take-all state.

Michigan was as different as could be — a hard-fought and expensive battle in Romney's home state that he could ill afford to lose and Santorum made every effort to win.

Returns from 75 percent of Michigan's precincts showed Romney at 41 percent and Santorum at 37 percent. Paul was winning 12 percent of the vote to 7 percent for Gingrich.

Santorum was already campaigning in Ohio, one of the Super Tuesday states, when the verdict came in from Michigan.

"A month ago they didn't know who we are, but they do now," he told cheering supporters, vowing to stay the conservative course he has set.

In Michigan, 30 delegates were apportioned according to the popular vote. Two were set aside for the winner of each of the state's 14 congressional districts. The remaining two delegates were likely to be divided between the top finishers in the statewide vote.

With his victory in Arizona, Romney had 152 delegates, according to The AP's count,, compared to 72 for Santorum, 32 for Gingrich and 19 for Paul. It takes 1,144 to win the nomination at the Republican National Convention in Tampa next summer.

In interviews as they left their polling places, Michigan voters expressed a notable lack of enthusiasm about their choices. Just 45 percent said they strongly favored the candidate they voted for, while 38 percent expressed reservations and 15 percent said they made the choice they did because they disliked the alternatives.

The lengthening GOP nomination struggle has coincided with a rise in Democratic President Barack Obama's prospects for a new term. A survey released during the day showed consumer confidence at the highest level in a year, and other polls show an increase in Americans saying they believe the country is on the right track.

Along with the improving economy, the long and increasingly harsh campaign, in which Gingrich and Santorum have challenged Romney as insufficiently conservative, has prompted some officials to express concern about the party's chances of defeating Obama in the fall.

Exit polling showed a plurality of Republican voters in both Michigan and Arizona saying the most important factor to them in the primaries was that a candidate be able to beat Obama in November. Romney won that group in Michigan, where it mattered most, and also prevailed among voters in the state who said experience was the quality that mattered most.

Santorum ran particularly well among voters who cited a desire for strong conservatism or strong moral character.

The polls surveyed both primary day and absentee or early voters. Interviews were conducted at 30 polling places in each state. Early results from Arizona's poll included interviews with 1,617 voters, including 601 absentee or early voters interviewed by phone. In Michigan it was 2,133 interviews including 412 absentee or early voters interviewed by telephone. The margin of sampling error for both polls was plus or minus 4 percentage points.

Not even the opening of polls on Tuesday brought an end to the squabbling between the two leading Republicans.

Romney accused Santorum of trying to hijack a victory in Michigan by courting Democratic votes through automated telephone calls and suggested his rival was appealing to conservatives by making the kind of "incendiary" statements he would not.

"I'm not willing to light my hair on fire to try and get support," Romney said. "I am what I am."

Santorum brushed aside the allegations of hijacking, saying Romney had appealed for support from independents in earlier states.

"We're going to get voters that we need to be able to win this election. And we're going to do that here in Michigan today," Santorum said, referring to blue collar voters with a history of swinging between the parties.

The exit poll said about 10 percent of the day's Michigan primary voters were Democrats.

If nothing else, the unexpected clash on Romney's home field dramatized that two months into the campaign season — after nearly a dozen primaries and caucuses — the GOP race to pick an opponent for President Barack Obama remains unpredictable.

Unopposed for renomination, Obama timed a campaign-style appearance before United Auto Workers Union members in Washington for the same day as the Michigan primary. Attacking Republicans, he said assertions that union members profited from a taxpayer-paid rescue of the auto industry in 2008 are a "load of you know what."

All of the Republicans running for the White House opposed the bailout, but even in the party's Michigan primary a survey of voters leaving polling places showed about four in ten supported it.

Michigan loomed as a key test for Romney as he struggled to reclaim his early standing as front-runner in the race. The first of the industrial battleground states to vote in the nominating campaign, it is also the place where the former Massachusetts governor was born and where he won a primary when he first ran for the party nomination four years ago.

But Santorum, a former Pennsylvania senator, rolled into the state on the strength of surprising victories on Feb. 7 in caucuses in Minnesota and Colorado plus a non-binding primary in Missouri. He quickly sought to stitch together the same coalition of conservatives and tea party activists that carried him to a narrow victory in the Iowa caucuses that opened the campaign nearly two months ago.

The Michigan primary was open to Republicans or any voter who declared they were Republican for the purpose of voting, and there was precedent for an influx of outsiders influencing the outcome.

A dozen years ago, John McCain defeated the heavily favored George W. Bush, relying on the support of Michigan independents and Democrats. Exit polls then showed that Bush won 66 percent of Republican votes, while McCain won 82 percent of self-described Democrats and 67 percent of independents. Together, the non-Republican voters accounted for more than half the electorate.

In a measure this year of the state's importance to the battle for the nomination, the two leading candidates and the super PACs that support them spent about $6 million on television advertisements, and Romney and Santorum spent much of the past 10 days crisscrossing the state in search of support.

Arizona was Romney's to lose, judging by the behavior of his rivals, who spent little time campaigning in the state and no money advertising on its television airwaves.

In all, there were 59 delegates at stake in the two states.

Arizona awarded all 29 of its delegates to the winner of the statewide vote.

In Michigan, by contrast, 30 delegates were apportioned according to the popular vote. Two were set aside for the winner of each of the state's 14 congressional districts. The remaining two delegates were likely to be divided between the top finishers in the statewide vote.

Romney entered the night the delegate leader in The Associated Press count.

He had 123, compared to 72 for Santorum, 32 for Gingrich and 19 for Paul. It takes 1,144 to win the nomination at the Republican National Convention in Tampa next summer.

There are 40 delegates at stake in Washington caucuses on Saturday, followed by 419 on Super Tuesday, including big state primaries in Ohio and Georgia.

Already, the television advertising wars were under way. Romney and restore Our Future, the super PAC that supports him, have spent more than $3 million combined on ads in Ohio.

In Michigan, Santorum campaigned heavily for the support of tea party activists and other non-establishment Republicans, appearing in churches at times and often dwelling on social issues, as is his custom. In a string of attention-gathering remarks in the race's final days, he said Obama was a snob who wanted everyone to attend college, said he nearly threw up over a speech that candidate John F. Kennedy gave in 1960 about the separation of church and state, and said Romney was uniquely unqualified to defeat Obama because the two men shared so much in common on issues like health care.

The former Massachusetts governor made a play for tea party support, too, at a pair of appearances, but for the most part campaigned on his pledge to use his background as a successful businessman to help create jobs and fix the economy. Last week, he issued a call for 20 percent across-the-board cuts in personal income tax rates.

But he was hampered by off-the-cuff comments that reinforced his difficulty in reaching out to struggling voters in a state with 9.3 percent unemployment. He said at one point that his wife drives a couple of Cadillacs, and at another that he was friends with some of the owners of NASCAR teams.

At a rare news conference after the polls opened on Tuesday, he conceded that his own mistakes had hurt his campaign.

The primaries in Michigan and Arizona were the first contests since Romney squeaked out a victory over Paul in the Maine caucuses on Feb. 11, a lull of two and a half weeks.

Except for a debate in Arizona last Wednesday and a brief burst of campaigning in the hours before and after, Romney and Santorum have focused their time and campaign money on Michigan.

Polls showed Santorum racing to a large advantage after his victories on Feb. 7, before the weight of attack ads by a Romney-aligned super PAC and the candidate himself began to narrow and finally erase the gap in many surveys.

In the end, the combination of Romney and the outside group accounted for about $3.8 million in TV ads, compared to about $2.2 million for Santorum and a super PAC supporting him.

While that gave Romney an advantage, it wasn't nearly as lopsided as in some of the earlier states.

Kasie Hunt reported from Michigan.

Holyoke police arrest Heriberto Mora for allegedly trying to break into officers' personal vehicles outside police station

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The man was caught after trying to enter a few vehicles and trying to run away, police said.

HOLYOKE – A Pine Street man was arrested Tuesday for trying to break into officers’ personal vehicles parked outside the police station on Nick Cosmos Way, police said.

Heriberto Mora, 31, of 61 Pine St., was charged with breaking and entering into motor vehicles, larceny over $250, possession of two small bags of heroin, resisting arrest and violation of a restraining order, the latter charge stemming from an incident earlier Tuesday, Lt. Matthew F. Moriarty said.

Moriarty said he spotted Mora just after 8 p.m. outside the police station trying to open car doors until he opened one and police converged. He was caught after a short chase, Moriarty said.

"He was trying to break into police officers' personal vehicles," Moriarty said.

Mora was being held at the police station lockup and was scheduled to be arraigned Wednesday in Holyoke District Court, Moriarty said.


Pedestrian killed by freight train in Pittsfield

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A man was struck and killed by a freight train shortly after 7 p.m. Tuesday


PITTSFIELD – A man was struck and killed by a freight train shortly after 7 p.m. Tuesday, according to press reports.

The Berkshire Eagle quotes police sources saying the accident occurred in the area of Depot Street.

The man was apparently walking along the tracks when he was struck by a CSX train engine and pinned underneath it.

More information will be posted as it becomes available.



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Ex-Massachusetts teacher indicted on child sex abuse charges

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David Ettlinger was indicted on 2 counts each of aggravated assault and battery on a child under 14, posing a child in a state of nudity and secretly photographing a nude or semi-nude person.

BOSTON — A former Newton elementary teacher has been indicted on charges he sexually assaulted two children and photographed them.

A Suffolk County grand jury indicted 34-year-old David Ettlinger Tuesday on two counts each of aggravated assault and battery on a child under 14, posing a child in a state of nudity, and secretly photographing a nude or semi-nude person. Prosecutors said he had been charged earlier in one of the cases.

Ettlinger has pleaded not guilty to Middlesex County charges that he assaulted a third child. He pleaded not guilty in the earlier Boston case, and is to be arraigned Thursday on the indictments.

Prosecutors say none of the alleged victims were his students. Middlesex prosecutors confirmed Tuesday investigators found non-pornographic photos of Underwood Elementary students and parents were notified. The photos were first reported by WBZ-TV.

Connecticut moves closer to Sunday alcohol sales

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The primary obstacle to the proposal by Democratic Gov. Dannel P. Malloy vanished with an association of package store owners announcing it would drop its longstanding opposition.

022812 connecticut sunday liquor sales protest.jpgPeople rally outside the Capitol in support of retail alcohol sales on Sundays in Hartford, Conn., Tuesday, Feb. 28, 2012. The lobbyist for the Connecticut Package Stores Association says his group is now supporting retail sales of alcohol on Sundays. But many liquor store owners have opposed efforts for years, saying it would cost too much money in staffing. (AP Photo/Jessica Hill)

By SUSAN HAIGH

HARTFORD, Conn. — Connecticut moved closer Tuesday to allowing retail alcohol sales on Sundays, a step that would bring it in line with neighboring states by ending a ban that dates to Prohibition.

The primary obstacle to the proposal by Democratic Gov. Dannel P. Malloy vanished with an association of package store owners announcing it would drop its longstanding opposition. The group had argued Sunday sales would drive many mom-and-pop stores out of business, but its president said it is relenting to focus on other aspects of the governor's proposed overhaul of liquor laws, such as changes to price structures and allowing certain convenience stores to sell beer.

Connecticut would be the 49th state to allow Sunday alcohol sales, with Indiana as the only other remaining holdout. Connecticut would be the 38th state to allow retail sales of distilled spirits on Sundays. An industry group says the change would help state businesses keep pace with Massachusetts and Rhode Island, where retailers say the advent of Sunday sales within the last decade has helped to boost sales.

Jay Hibbard, vice president of government relations for the Distilled Spirits Council of the U.S., predicted revenues for Connecticut would climb by $7.5 million to $8 million annually. He said that is consistent with what has taken place in all 15 states that have adopted Sunday sales since 2002.

"The experience of these states shows without doubt is that Sunday sales does not spread current sales over more days, nor has any state seen a wholesale change in the number of package stores and liquor stores in their state. There's simply no reason that Connecticut would be any different," he said.

For years, many package store owners in Connecticut have said that allowing retail alcohol sales on Sundays would put many small stores out of businesses because they would feel the need to stay open seven days a week and would have to hire staff to cover that day or work on their only day off.

Carroll Hughes, a lobbyist for the Connecticut Package Stores Association, last year told state lawmakers it would cost the average package store owner at least $14,000 a year to open on Sundays and would drive hundreds out of business. But Hughes told members of the General Assembly's General Law Committee during a public hearing Tuesday that the group would no longer oppose the change. The hearing attracted about 800 people, including many liquor store owners,

"I've suggested we endorse (Sunday sales), which seems to be a driving force here on the train to accommodate certain people, mostly in the food stores that already are open and think they're going to do a huge business," said Hughes, who suggested store hours be limited on Sundays to 11 a.m. to 5 p.m., or something similar.

Alan Wilensky, owner of Max's Package Store in East Lyme and president of the Connecticut Package Stores Association, acknowledged he has mixed feelings about allowing retail sales on Sundays.

"If you're giving me the option of cutting off both of my arms or my head, take my arms," he told state lawmakers.

Robert Selby, a vice president with the Massachusetts Package Stores Association and the owner of three stores, said he saw a minimal jump in business after the commonwealth agreed in 2003 to allow off-premise alcohol sales on Sundays.

Selby's stores are in Peabody, Danvers and Walden, all in Massachusetts. He said he had faced competition for years with nearby New Hampshire, where alcohol could be purchased on Sundays.

"I think we picked a little bit of business back up," said Selby, adding how changes to taxes and other issues also helped.

But Selby said some of that revenue has been offset by the time-and-a-half rate he pays employees on Sundays, as required by the Massachusetts law. It also forbids store owners from requiring an employee to work on Sundays. He said the stores also have to cover the additional cost of electricity and heat for those Sundays.

"If it wasn't time-and-a-half, it would probably be a big win," he said.

Sunday sales have been profitable for Ocean State Liquors in Westerly, R.I. Gina Slafkovsky, a sales clerk at the store, said being allowed to remain open on Sundays has significantly boosted business at the store, which is near the beach.

"It is a big impact, especially in the summer time," Slafkovsky said. "We'll have cars waiting outside to get in the store an hour before we open at noon on Sundays."

She said the store gets a number of customers from Connecticut on Sundays because it is so close to the state line. But she said she's not concerned about losing out if the law changes in Connecticut.

"Our prices are good, and we've got the locals," Slafkovsky said.

State Rep. Kathleen Tallarita, D-Enfield, who has been pushing for Sunday sales legislation for three years, said she feels more confident that 2012 will be finally be the year Connecticut will allow retail alcohol sales on Sunday.

"I think the huge difference is the governor. Last year the governor was willing to sign a bill, but didn't get behind it. This year, he was out in front of it, and included Sunday sales in what he personally thinks needs to be changed within the consumer protection laws. I think that's a huge difference," Tallarita said.

While Sunday sales have been promoted over the years as a way to generate money to help balance the state budget, Malloy has pitched the issue as one of providing consumers with convenience and ultimately lower prices, especially when coupled with other changes he is proposing. He also argues that his suggested overhaul will discourage Connecticut residents from crossing the border into Massachusetts, New York and Rhode Island to purchase their alcohol, ultimately helping Connecticut retailers.

"What we're trying to do is create a system that will ultimately lead to lower prices," Malloy said, "which will ultimately lead to our recovery of $570 million worth of sales, will ultimately lead to increased jobs and which will ultimately, quite frankly, lead to the state's recovery of its fair share of revenue."

Associated Press Writers Michael Melia and Shannon Young contributed to this report.

Massachusetts Ways and Means committee convenes in Springfield for budget hearings on judiciary and public safety

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Since 2007, the Massachusetts Trial Court has lost 1,302 employees. A "hard freeze" that has been in place since 2008 has prevented the state's judicial branch from filling those vacancies.

022812 benjamin swan gale candaras angelo puppolo stephen kulik smitty pignatelli.JPGView full sizeState Rep. Benjamin Swan, D-Springfield, left, hears testimony on the Massachusetts Trial Court budget with other members of the Ways and Means Committee – Sen. Gale Candaras, D-Wilbraham; Rep. Angelo Puppolo, D-Springfield; Rep. Stephen Kulik, D-Worthington; Sen. Michael Knapik, R-Westfield; and Rep. William "Smitty" Pignatelli, D-Lenox, at Springfield Technical Community College on Tuesday.

SPRINGFIELD – Since 2007, the Massachusetts Trial Court has lost 1,302 employees. A “hard freeze” since 2008 has prevented staff from being replaced.

• Hampden Probate and Family Court is staffed at 64 percent of what it should be.

• Forty clerks’ offices across the state must close to the public part of every day to keep up with paperwork.

• The courts received $57.5 million less in funding in 2012 than they did in 2009. Legal materials, equipment, supplies and materials have been cut drastically.

Such were the numbers Chief Justice Robert A. Mulligan brought to the table when the state Joint Committee on Ways and Means convened in Springfield for budget hearings Tuesday.

It was a chance for members of the state judiciary and public safety to plead for increased funding.

“We have 42,000 people going to courthouses every day,” Chief Justice Roderick L. Ireland told the committee. “We need your help. We need more money.

“We’re not saying we’re above bearing our share of the pain, but we’ve done that. Please, see your way to properly fund the court system,” said Ireland, a native of Springfield.

District attorneys, sheriffs and state officials in the areas of campaign finance, legal assistance, victim assistance, witness assistance, ethics, disabled persons protection and related areas filled Scibelli Hall on the campus of Springfield Technical Community College to give testimony and offer support to their colleagues.

Members of the Ways and Means Committee included such regional legislators as Sen. Gale Candaras, D-Wilbraham; Sen. Michael Knapik, R-Westfield; Rep. Stephen Kulik, D-Worthington; Rep. Angelo Puppolo, D-Springfield; Rep. Benjamin Swan, D-Springfield; and Rep. William “Smitty” Pignatelli, D-Lenox. Others came from central and eastern Massachusetts.

So rare is it for the committee to meet in Western Massachusetts that Swan couldn’t help tweaking them. He reminded them that, even though they may have traveled a long distance, the way back home would be just as long.

What he left unsaid was that legislators from Western Massachusetts drive it all the time.

It was a moment of levity in a day of disheartening figures.

Phillip G. Rapoza, chief justice of the Appeals Court for the state, said 2,278 new appeals were filed in 2011. Since 2008, his court’s caseload has increased by more than 10 percent.

He said his clerk’s office is supposed to have 18 support staff positions, but six of those are vacant. “As a result, we have already seen significant delays develop in our service to the public,” said Rapoza.

He enumerated some of the cost-cutting measures his court had employed, including phasing in electronic communications to replace paper mail.

He also said 94 percent of his payroll goes to personnel. “We have very little room to reduce the budget without affecting staff,” said Rapoza.

Candaras took the occasion to push “more equitable distribution.” She said lack of funding had always plagued district and juvenile courts in Western Massachusetts. “Juvenile Court was in such a deplorable state that at one point it was in danger of being condemned.”

Partial remains of several 9/11 victims incinerated, sent to landfill

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The surprise disclosure was mentioned only briefly, with little detail, in a report by an independent panel that studied underlying management flaws at Dover Air Force Base mortuary in Delaware.

By PAULINE JELINEK and ROBERT BURNS

091101 pentagon 9-11.jpgFILE - In this Sept. 11, 2001 file photo, a helicopter flies over the Pentagon in Washington as smoke billows over the building. Partial remains of several 9/11 victims were incinerated by a military contractor and sent to a landfill, a government report said Tuesday, Feb. 28, 2012, in the latest of a series of revelations about the Pentagon's main mortuary for the war dead. The terrorist-hijacked airliner that slammed into the west side of the Pentagon killed 184 people. (AP Photo/Heesoon Yim, File)

WASHINGTON — Partial remains of several 9/11 victims were incinerated by a military contractor and sent to a landfill, a government report said Tuesday in the latest of a series of revelations about the Pentagon's main mortuary for the war dead.

The surprise disclosure was mentioned only briefly, with little detail, in a report by an independent panel that studied underlying management flaws at Dover Air Force Base mortuary in Delaware. A 2011 probe found "gross mismanagement" there, but until Tuesday there had been no mention of Dover's role in handling 9/11 victims' remains.

Air Force leaders, asked about the 9/11 matter at a news conference, said they had been unaware of it until the head of the independent panel, retired Army Gen. John Abizaid, held a Pentagon news conference Tuesday to explain his panel's findings.

"This is new information to me," Air Force Secretary Michael Donley said.

He said it was unclear whether the matter would be investigated further.

Defense Secretary Leon Panetta's press secretary, George Little, said Panetta "never would have supported" the disposal of remains in a landfill. "He understands why families would have serious concerns about such a policy."

Debra Burlingame, sister of Charles Burlingame, the pilot of the plane that was driven into the Pentagon by terrorist hijackers, said she was confused by the report. She said she attended a ceremony at Arlington National Cemetery at which unidentified 9/11 remains were buried in an engraved casket.

"They were treated with great respect and great ceremony," Burlingame said. "The Department of Defense was exceedingly sensitive and treated those unidentified remains with great respect. ... I would want to know more."

President Barack Obama was informed of the review and supports the Pentagon's plan to address failings, "so that these types of incidents never happen again," White House press secretary Jay Carney said.

The Abizaid report primarily focused on management reforms to a "dysfunctional, isolated" Dover mortuary chain of command. It cited the 9/11 matter while explaining the history of problems at Dover that came to light last year through complaints from whistle-blowers who revealed the mishandling of war remains.

The practice at Dover of cremating partial remains and sending them to a landfill began shortly after Sept. 11, 2001, the report said, "when several portions of remains from the Pentagon attack and the Shanksville, Pa., crash site could not be tested or identified."

The terrorist-hijacked airliner that slammed into the west side of the Pentagon killed 184 people, and the plane that crashed in a field near Shanksville killed 40.

The Abizaid report said that in line with Dover's policy, "cremated portions were then placed in sealed containers that were provided to a biomedical waste disposal" company under Air Force contract. "Per the biomedical waste contract at that time, the contractor then transported these containers and incinerated them."

The report said Dover authorities assumed that after incineration "nothing remained."

But a Dover management "query" found that "there was some residual material following incineration and that the contractor was disposing of it in a landfill." It added that use of the landfill was not disclosed in the waste disposal contract.

"We don't think it should have happened," Abizaid told reporters.

It was unclear whether families of the 9/11 victims were aware remains had gone to contractors and then to the landfill. In the case of the war dead, officials previously said the remains were given to contractors for disposal only in cases in which remains could not be identified or in which families had already buried their loved ones and had informed the military that they did not want to be told if additional remains were later found.

Such a development was not uncommon as the wars wore on in Iraq and Afghanistan, where bombs were the main insurgent weapon.

2011_dover_afb.jpgThis file photo shows the closed gates at Dover Air Force Base, Del. The Pentagon revealed on Tuesday that some partial, incinerated remains of 9/11 victims that could not be identified were sent to a landfill. (AP Photo/Steve Ruark, File)

In the case of 9/11 victims, some remains from the Pentagon, where American Airlines Flight 77 crashed, were buried at Arlington National Cemetery on the anniversary of the attacks. Three caskets of unidentified remains from the crash of United Airlines Flight 93 in Shanksville were buried there last September.

In Pennsylvania, Somerset County coroner Wallace Miller said in an interview Tuesday that he was surprised that remains from Flight 93 might be involved in the new Pentagon report. "I wouldn't know how there would be any possibility how any remains would get to Dover," Miller said.

He said the only remains he knows of that would not be in Pennsylvania are those of four of the hijackers that are being held by the FBI for potential military tribunals.

A lawmaker who has closely followed the Dover scandal, Rep. Rush Holt, D-N.J., said the Pentagon has yet to fully explain the practice of disposing of partial remains in landfills.

"The Pentagon must provide absolute clarity and accountability as to what human remains were dishonored in this manner, and it must take far more aggressive steps to ensure this never happens again," Holt said.

Holt also revealed that he had written to Panetta on Feb. 6 asking for a fuller explanation of the history of remains disposal by Dover.

More than 9,000 human remains recovered from the ruins of the World Trade Center in New York City remain unidentified because they are too degraded to match victims by DNA identification. The remains are stored at the city medical examiner's office and are to be transferred to a subterranean chamber at the National September 11 Memorial & Museum, once set for opening this year but now delayed.

Diane Horning, who lost her son, Matthew, at the World Trade Center, said she was shocked by Tuesday's revelations.

"We need a protocol to be put in place so that we know this can never happen again," Horning said. She added, "Not only am I broken-hearted but I am outraged."

The disposal of more than 1.6 million tons of debris from the destroyed World Trade Center at a Staten Island landfill led to a yearslong lawsuit alleging that remains were left at the landfill. Roughly 20,000 human remains of the nearly 2,800 victims were found in trade center debris, most of which went to the Fresh Kills landfill on Staten Island, in the year after the 2001 attacks.

Family members claimed some of their loved ones' ashes and remains were at the landfill but never found, and sued the city to try to force it to bury the material separately. The lawsuit was dismissed, and unsuccessfully appealed to the U.S. Supreme Court.

The Air Force on Tuesday laid out steps it is taking to resolve the problems at the Dover. But there continue to be several unresolved issues.

In a statement, the U.S. Office of Special Counsel said officials will release a report in mid-March on the retaliation taken against the workers who initially reported the mortuary problems.

Associated Press writers Lolita C. Baldor and Anne Gearan in Washington, Karen Matthews and Amy Westfeldt in New York City, Genaro C. Armas in State College, Pa., and Matt Moore in Philadelphia contributed to this report.

Holyoke Big Y mini-plaza plan may get Planning Board vote

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The process has included praise for the jobs and tax revenue the project would bring and criticism about its estimated extra traffic.

HOLYOKE – The Planning Board on Wednesday at 6 p.m. will discuss conditions it will place on a $16 million mini-plaza that will have a Big Y supermarket at Lower Westfield Road and Homestead Avenue.

The meeting is at City Hall Annex, fourth-floor conference room.

The board is likely to vote whether to approve the site plan for the project proposed by O’Connell Development Group here. The process has included praise for the jobs and tax revenue the project would bring and criticism about its estimated extra traffic.

Berkshire County railroad fatality: Man killed by train identified as John Castonguay, 44, of Pittsfield

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Police do not know why Castonguay was walking on train tracks in downtown Pittsfield, but he was struck and killed by a freight train that attempted to warn him of its approach.

Updates a story posted on Tuesday, Feb. 28, at 10:46 p.m.

PITTSFIELD – A man who was struck and killed by a train on Tuesday evening in the Berkshires has been identified as John Castonguay, 44, of Pittsfield, according to authorities probing the fatality.

The incident happened at about 7:10 p.m. along a section of railroad tracks near downtown Pittsfield. Police said a CSX locomotive engine that was pulling another train engine struck Castonguay, who apparently was walking on tracks near Depot Street.

The impact pinned the victim underneath the first locomotive, police said.

City streets near the incident site were closed to traffic as police conducted their investigation.

"(Castonguay) died as a result of being struck by the train," Pittsfield Police Officer Jeffrey Coco, a member of the city's accident-reconstruction team, told abc40, media partner of The Republican and MassLive.

Police are still trying to learn more about why Castonguay was on the tracks, and what led up to the fatal accident.

Coco said a train official noticed someone was walking on the tracks and sounded the train's whistle to warn Castonguay, who only waved back.

The train was traveling westbound at a speed of about 25 mph at the time of the collision, according to Coco.

Pittsfield police are asking anyone with information about this incident to call them at (413) 448-9702. The case is under investigation by Coco and Detective Thomas Harrington.


THE MAP BELOW shows the approximate location of where John Castonguay, 44, of Pittsfield, was struck and killed by a freight train in Pittsfield on Tuesday:


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Boot or tow: Springfield's neighbors say current system for collecting excise taxes working fine

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Other communities 'mark' the registrations of scofflaws, and don't allow them to register their vehicles unless they pay their taxes.

042210-crop-booted-car.jpgA car in Springfield has been "booted" for parking violations. The city is seeking approval from the Legislature to boot and tow motor vehicles and trailers belonging to excise tax scofflaws, in hopes of recovering almost $8 million in overdue excise taxes going back 20 years.

While Springfield area legislators are pushing a home-rule petition that would let the city boot and tow motor vehicles and trailers belonging to excise tax scofflaws, officials in neighboring communities don’t seem to need such help.

The home-rule bill, sponsored by state Rep. Sean F. Curran, D-Springfield, was approved by the Senate on Feb. 23. The House had approved it earlier this month.

The bill needs one more level of approval in each branch to go to the desk of Gov. Deval L. Patrick.

Springfield officials want passage of the bill so they can make a dent in collecting about $8 million in overdue excise taxes going back 20 years.

Westfield City Collector Michael J. McMahon said recently there is $751,316 in excise tax outstanding dating back to fiscal 2008 in his community. The percentage of excise tax collected during the past four years is 98.7 percent. In fiscal 2011 the city billed $3.8 million in excise tax and collected more than $3.7 million.

“The system is working well,” McMahon said.

Under the system, tax collectors will issue a vehicle owner several warnings when an excise tax is past due. The final step is electronically “marking” the owner’s records at the Registry of Motor Vehicles so the owner may not renew a registration or license until the tax is paid.

Paul A. Nowicki, Palmer’s treasurer-collector, also said his town deals with non-payment of excise taxes by putting a “mark” on the car registration through the Registry of Motor Vehicles.

Nowicki said he did not have a number as to how much is owed currently - the demands just went out in the mail.

In Holyoke, excise taxes totaling $1.1 million are owed dating back to 1992, Tax Collector David Guzman said.

Excise tax bills go out in cycles, or “commitments,” and the first commitment recently had about 22,000 bills, he said.

As for whether Holyoke should allow for the booting and towing of vehicles whose owners ignore repeated excise tax bills, Guzman said, “I don’t necessarily think it would be a bad idea. But I would have to check with the council.” The City Council appoints the tax collector in Holyoke.

Holyoke City Council President Kevin A. Jourdain said he would support placement of a wheel clamp or the towing of a vehicle owned by someone who owes years of excise taxes.

“Sounds good to me. I don’t have a problem with that. Everybody’s got to pay their bills,” Jourdain said.

Northampton Collector Melissa J. Lampron said the marking system works well in her community, with $226,924 in excise taxes owed dating back to 2007.

The annual excise tax, assessed to motor vehicle owners registered in a community, is $25 per $1,000 of vehicle value. Springfield collected $7.7 million in excise taxes during fiscal 2011.

The legislation would allow city officials to notify a private contractor who could tow or “boot” a vehicle or trailer whose owner has neglected to pay a certain amount of excise taxes. The vehicle could be held until all excise taxes are paid, including fees, penalties, interest, towing and storage fees. The city would be allowed to set a minimum dollar amount of delinquent taxes before taking that action.

Sens. Gale D. Candaras, D-Wilbraham, and James T. Welch, D-West Springfield, guided the Springfield bill through the Senate. Candaras predicted the bill will become law.

“It’s the right thing,” she said. “People who owe motor vehicle excise taxes have to pay them.”

After property taxes, the excise tax is the largest source of municipal revenue for many communities. State law mandates that excise taxes be paid within 30 days.

“We want to make sure we have a city that is on good fiscal footing and one way to ensure that is to make sure taxes are zealously collected,” Candaras said.

The bill would also be fair to people who pay their taxes in full and on time, she said.

Leap year babies of all ages celebrate their birthdays

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Since Feb. 29 happens only every 4 years, leap-year babies have only a quarter of the birthdays ordinary people have – technically.

 Leap Year BirthdayLeap Year baby Aryana Angelis will be 8 this year. She is seen here with her mother, Yansa Garcia.

James Kalbaugh, who celebrates his 9th birthday today, is a firefighter in Agawam.

James Wooller, of Holyoke, is a pastor with four kids. He turns 11 today.

In Northfield, Walter Morgan, who is retired from a long career in environmental management and forestry, turns 16.

No, these are not alarmingly precocious children.

They are all people who were born on Feb. 29. In a leap year, February has 29 days instead of 28.

Since that happens every four years, leap-year babies have only a quarter of the birthdays ordinary people have – technically.

That’s why Aryana Angelis, who made the front page of The Republican when she was born eight years ago, is telling people that she turns 2 today. She arrived minutes after midnight on Feb. 9, 2004.

It’s also why, although the calendar says she is only 4, Westfield High School sophomore Monica Browne will celebrate her “Sweet 16” birthday with a special party.

There’s no question that this calendrical oddity catches people’s attention. There’s even an Honor Society of Leap Year Day Babies (leapyearday.com), which claims to have more than 10,000 members

“People are just fascinated by it,” said leap-year baby and psychic medium Jess Steinman, of the Agawam-based business In Touch with Spirit.

“I get a lot of jokes like, ‘Wow, you’re really smart for 8 years old,’” said Steinman, who is actually 32.

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Kalbaugh, who lives in Chicopee and is a paramedic as well as a firefighter, says his 10-year-old daughter Meghan loves the fact that she’s “older” than her dad.

Julius Caesar adopted the leap-day concept from the Egyptians after figuring out that the quadrennial addition of an extra day could make a precise calendar. Leap years are necessary to keep the calendar in alignment with the Earth’s revolutions around the sun. It takes the Earth approximately 365.242199 days to circle once around the sun.

Being the fanciful critters they are, people soon began attaching special meanings to leap year.

For example, on Feb. 29 it’s supposed to be permissible for a woman to propose marriage to a man. Also, leap-year babies are thought to be lucky.

The myths keep coming. Wooller said a member of his congregation at Crossroads Community Church in West Springfield reported hearing on the radio that “you can’t put Feb. 29 as your birthday on a driver’s license.” False!

Calendar or not, rare is the family that doesn’t celebrate Feb. 29 birthdays in the off-years, too.

Lisa Guillemette, of Ludlow, couldn’t wait to celebrate her son Caleb’s birthday. She and her husband, Justin, had been childless for 10 years when Caleb was born on Feb. 29, 2008.

A year later, they celebrated with a “big party in a rented hall,” said Lisa.

She would have done the same this year for Caleb’s other “first” birthday, but the 4-year-old wanted to have his party at home. Fifteen of his friends have been invited.

Aryana’s mom, Yansa Garcia, said she usually celebrates her daughter’s birthday on March 1 in the off-years. Morgan said his parents used to celebrate his birthday on either Feb. 28 or March 1, and would let him choose what kind of cake he got.

2011 damon markiewicz.jpgDamon Markiewicz

Damon Markiewicz, head of marketing for the Springfield Falcons hockey team, jokes that he got “greedy” as he got older, so he started claiming both days in off-years.

Wooller claims he went even further. One of the good parts of being a leap-year baby, he says, is that he gets to decide when to celebrate his birthday – “and sometimes I can make it several days!”

Though leap-year babies tend to shrug off the idea that they are “special,” Markiewicz was indeed a miracle baby.

He was supposed to be born on April 10 – and was born on Feb. 29 instead.

Doctors gave the preemie a 2 percent chance of survival. His chest collapsed and he was baptized in the hospital in case he didn’t make it.

He grew up strong and healthy. He got involved in youth sports. When his birthday fell on the day of a game, he and his pals would all go out together afterwards to celebrate.

He is now 36. “I’m very lucky,” said Markiewicz.

Yesterday's top stories: Ex-Springfield cop Jeffrey Asher guilty of assault during arrest; snow coming to Western Massachusetts; and more

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Asher was convicted on multiple charges in an arrest that was captured on amateur video.

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Here are the five most-viewed stories that appeared on MassLive.com yesterday. If you missed any of them, click on the links below to read them now:

1) Former Springfield police officer Jeffrey Asher found guilty on assault charges, by Buffy Spencer. A Chicopee District Court jury convicted former Springfield police officer Jeffrey M. Asher on assault charges stemming from the arrest of Melvin Jones III during a Nov. 2009 traffic stop. Evidence in the case included an amateur video of the arrest made public by The Republican and MassLive.com. After the verdict, Hampden County DA Mark Mastroianni said he was satisfied with the jury's decision.

2) Western Massachusetts on tap for 2-5 inches of snow, maybe more, by George Graham. Accumulating snow will likely make for a messy Wednesday evening commute, abc40 / Fox 6 meteorologist Dan Brown said. Another band of moisture will arrive in the region later Wednesday night into Thursday and Brown said it’s not yet clear whether the storm’s second phase will bring rain, snow or some kind of wintry mix.

3) Cooley Dickinson Hospital trustees vote for affiliation with Massachusetts General Hospital; Baystate Health 'extremely disappointed,' by Brian Steele. The Board of Trustees of Cooley Dickinson Hospital in Northampton has voted to join forces with Boston's Massachusetts General Hospital.

4) Springfield police grilled by defense lawyer over entertainment district arrest of Michael Ververis, by Jack Flynn. A police sergeant acknowledged Monday never mentioning that officers confiscated a possible cellphone video in his report on a violent struggle and arrest last year in the entertainment district. “In retrospect, I wish I had,” Sgt. Steven Kent said during a pre-trial hearing for Middletown, Conn., resident Michael Ververis, who is facing assault and battery on a police officer, attempted larceny of a firearm and other charges from the January 2011 incident on Worthington Street.

5) Nurses and supporters protest Baystate's 'hospital of the future' as contract talks stall, by Conor Berry. In just a few days, Baystate Health will be wheeling its first patient through the doors of the so-called "hospital of the future," a nearly $300 million, 640,000-square-foot expansion of Springfield's Baystate Medical Center. But on Tuesday, a group of nurses were more concerned about holding onto their jobs for the future, claiming that Baystate Health System officials made "unreasonable concessionary demands" and engaged in union-busting tactics during contract negotiations that broke down earlier this month.

The most-viewed photo gallery

Yesterday's most-viewed photo gallery, seen above, was scenes from the 2012 Miss Western Mass./Miss Greater Holyoke pageant, a Miss America preliminary competition. A close second, still popular two days after the Academy Awards were presented: Oscars red carpet: 2012 Academy Awards arrivals

In case you missed it:

This story wasn't among the most-viewed, but may interest readers:

Mardi Gras in Springfield gets 13-day state liquor license suspension; will be reduced by payment of fine, by Peter Goonan. The state Alcoholic Beverages Control Commission has issued a 13-day liquor license suspension at the Mardi Gras strip club, but the bar plans to pay a large fine instead to reduce the length of the suspension, according to its lawyer.

That's Entertainment:

Music writer Donnie Morehouse takes a look at upcoming concerts in the area:
Upcoming concert news: John Prine, George Jones, John Mayer, Chickenfoot, Counting Crows and more

Reported jailhouse confession leads to child rape charges against South Hadley man

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Jeffrey Duane Lynes, 40, of 24 Sunset Ave. told authorities that he sexually assaulted a young girl in the mid-1980s, according to a published report in the Daily Hampshire Gazette.

NORTHAMPTON – A South Hadley man serving a jail sentence in Worcester recently admitted to another crime, according to a report in the Daily Hampshire Gazette.

Jeffrey D. Lynes, 40, of 24 Sunset Ave. was arraigned Tuesday in Hampshire Superior Court on two counts of forcible child rape in connection with an alleged incident involving a young girl in the mid-1980s, the Gazette reports. Judge Mary-Lou Rup set bail at $100 and ordered Lynes to return for a May 24 court hearing.

Lynes allegedly admitted to the sexual assault during a jailhouse confession at the North Central Correctional Institution in Gardner, where he was serving a sentence for unrelated offenses. Details about that case were not immediately available.

The Northampton newspaper reports that Lynes told investigators he assaulted the girl over a roughly five-year period, beginning around 1985. The child was about 9 or 10 at the time, while Lynes was about 14 or 15, according to case records.

The alleged assaults happened at the South Hadley homes of Lynes' mother and grandmother, the Gazette reports.

When investigators asked Lynes what prompted him to come forward with the new information, according to the Gazette, Lynes revealed he was afraid he might re-offend upon his release from jail, particularly if he were to get involved in drugs or alcohol.

More details about the case will be posted on MassLive as they become available.

Holyoke police: Dog bites child

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Police did not release much information about the biting incident, which reportedly took place on South Bridge Street.

HOLYOKE – Officers responded to a Tuesday afternoon report of a child who was bitten by a dog at 589 South Bridge St., Apt. 1L, according to Holyoke Police Department records.

Additional information, including the victim's age and the dog's breed, was not immediately available. The incident was reported just before 5 p.m.

"The report has not yet been written," Holyoke Police Capt. Arthur R. Monfette said Wednesday morning.

Last month, police in Westfield responded to a report of a woman and toddler who were bitten by a pit bull. An officer who responded to the call also was bitten by the animal, police said.

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