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State agency orders Springfield Retirement Board to consider stripping pension from Patrolman Derek Cook without delay

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The Springfield Retirement Board had delayed a decision last week on Derek Cook's pension, to give him time to explore his options.

PX067_2D52_7.jpgDerek V. Cook

SPRINGFIELD – A state agency has directed the Springfield Retirement Board to immediately carry out its duties and consider stripping Patrolman Derek V. Cook of his pension based on his conviction for attacking two officers in 2008, saying the board’s recent postponement of that decision conflicted with state law.

In a two-page letter, Joseph E. Connarton, executive director of the Massachusetts Public Employee Retirement Administration Commission, said that Cook’s guilty plea in the attack on Police Lt. Robert P. Moynihan and now-retired Sgt. Dennis M. O’Connor is clear-cut and leaves no discretion and no room for a delayed decision.

“Mr. Cook’s circumstances are clear; his acts resulted in a ‘final conviction of a criminal offense involving violation of the laws applicable to his office or pension,’” Connarton stated in the letter. “While the SPD (Springfield Police Department) may continue to employ Mr. Cook, beginning on the date of his conviction, he shall no longer continue as a member in service of the Springfield Retirement System or an G.L. c. 32 (public retirement) system.”

The Retirement Board, in response to the letter, has scheduled a special meeting on Friday, at 8:30 a.m., at its offices at 90 Tapley St., to reconsider Cook’s pension and if he should lose his pension rights.

In a meeting last week, the local board voted 3-0 to delay a decision for 90 days to give Cook time to “investigate other avenues” and attempt to save his pension.

Connarton said no such delay is allowed by law and the board needs to vote on the merits of the pension forfeiture case.

The state pension law says in part: “(I)n no event shall any member after final conviction of a criminal offense involving violation of laws applicable to his office or position be entitled to receive a retirement allowance under the provisions (of state law) nor shall any beneficiary be entitled to receive any benefits under such provisions on account of such member.”

By law, Cook would be entitled to be reimbursed without interest for all of his own retirement contributions, Connarton said.

Cook, 43, has worked for the Police Department approximately 20 years, and has not applied for his pension, and said at last week’s hearing that he was never informed, in agreeing to plead guilty, that he would be jeopardizing his pension.

In pleading guilty to two counts of assault and battery on a police officer, he was suspended for 90 days without pay by Police Commissioner William J. Fitchet.

Letter to Springfield Retirement Board on patrolman Derek Cook



This is a developing story; it will be updated as our reporting continues.


Obituaries today: Joshua Davis was Longmeadow High School sophomore

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Obituaries from The Republican.

04_10_12_DavisCOLOR.jpgJoshua Davis

Joshua James Davis, 16, of Longmeadow, died Friday. He was born in Scottsdale, Ariz., and lived in several locations, including Boston and San Francisco, before settling here several years ago. He was a sophomore at Longmeadow High School. He was an avid reader and loved to make people laugh. He will be remembered by all who knew him for his kindhearted nature. He overcame many obstacles in his life. He had lost all of his hearing at 1 year of age, but was able to hear and communicate with the use of bilateral cochlear implants. Through his hard work and determination he was able to learn how to speak so no one knew he was deaf. He attended Clarke School for the Deaf in eighth grade and loved to participate and make friends in the Minuteman Implant Club and the AG Bell Association.

Obituaries from The Republican:

Watch live: First meeting of Massachusetts Gaming Commission

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The commission is expected to discuss and select a "Gaming Consultant," elect a secretary and treasurer, and select a law firm.

Massachusetts GamblingMembers of the five-person Massachusetts Gaming Commission attend a news conference in Boston on Tuesday, March 20, 2012, where the last two appointees were introduced on Tuesday, March 20, 2012. From left the members are: Enrique Zuniga, James F. McHugh, Chairman Steve Crosby, speaking, Bruce Stebbins, and Gayle Cameron. (AP Photo/Josh Reynolds)

The Massachusetts Gaming Commission is holding its first meeting at 1 p.m. today.

Click here to watch the meeting live.

The commission is expected to discuss and select a "Gaming Consultant," elect a secretary and treasurer, and select a law firm.

A follow-up story summarizing the meeting will be posted to MassLive.com later today.


Ask Mayor Morse: Holyoke Mayor Morse talks about Dean Tech

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Republican reporter Mike Plaisance stopped by Holyoke Mayor Alex Morse's office Monday for a video interview with the mayor on Tuesday's Dean Tech Futures Advisory Committee meeting. Watch video

Republican reporter Mike Plaisance stopped by Holyoke Mayor Alex Morse's office Monday for a video interview with the mayor on Tuesday's Dean Tech Futures Advisory Committee meeting.

The 35-member committee is scheduled to meet from 6 to 8 p.m. at Dean Technical High School, 1045 Main St., to examine the vocational school and local workforce information so that it could make suggestions to help the school meet local businesses' employment needs, Plaisance reported Sunday.

"I think it's really important that people come together to demonstrate publicly that we're committed to having a quality vocational high school in the city," Morse said.

"And it's not going to be easy. We have to really evaluate what's currently going on at Dean and how we want to move forward," he said.

You can see more of Plaisance's interview with Morse at the right and his continued coverage of Dean Tech in the links below the video.

Do you have a question you think we should pose to Morse? Please leave it in the comment section below for our next sit down with the mayor.

Construction work scheduled for Route 9 roundabout at Look Park in Northampton

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A single lane of traffic will remain open during construction but traffic delays are expected at times.

look-park-roundabout.JPGA rendering of the original plans for the roundabout.

NORTHAMPTON - Repair work on the North Main Street and Bridge Road intersection -- the Route 9 roundabout at the entrance to Look Park -- is scheduled to begin on April 16 and last approximately two weeks.

The contractor will be fixing the inner circle to add turning space for large trucks.

A single lane of traffic will remain open during construction but traffic delays are expected at times.

Howard Ziff, founder of UMass journalism program, remembered by students and friends

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Ziff, who hosted "Hollywood Classics" on WGBY-TV for a decade, died in Amherst at the age of 81.

102397 howard ziff teaches.JPGView full sizeUniversity of Massachusetts journalism professor Howard Ziff teaches a class in Amherst. Ziff, who founded the university's journalism program, died Tuesday.

AMHERST – Howard Ziff the founder of the University of Massachusetts journalism program and movie lover died early Tuesday after a short stay at the Hospice of the Fisher Home.

Ziff was 81. He is being remembered on a Facebook page by former students and others.

“Justifiably a legend,” said UMass journalism professor Ralph Whitehead. Ziff hired Whitehead in 1973, two years after Ziff created thejournalism program.

“He was a streetwise intellectual. He had a very deep knowledge of the way things work in the real world,” Whitehead said. He also loved literature and philosophy, Whitehead said.

Ziff was physically imposing. “He usually had a big bushy beard, a compelling presence. Howard was a charismatic figure,” Whitehead said.

Ziff was also known in the Pioneer Valley as the host of "Hollywood Classics," where he would introduce the films aired that night, on WGBY-TV from 1980 to 1990.

Whitehead remembers being with Ziff in Northampton or Springfield. “People would recognize him and say hi. He enjoyed that as much as they did,” he said.

In 2008, Ziff answered questions for The Republican’s Local Spotlight Series and said his greatest accomplishment was “opening doors for good students. They took it from there.”

Former student Michelle Segall Rainey wrote on Facebook, “Thank you Howard, for instilling in me a great love of journalism, since my first "Ziff" class, Journalism 101 in 1984. My career took a slightly different path, first as a newspaper staff photographer, then photo editor, and currently handling copyright negotiations and licensing. Howard served as my advisor and I am so grateful for all the insight and mentoring he provided. Always there to answer a question, provide direction, or just to talk.”

Former Republican reporter Glenn Briere wrote, “One of my few regrets about my time at UMass was that Howard Ziff joined the faculty after I graduated. Still, I learned so much from him, and it was tuition-free! He truly was a legendary figure, both as a newspaperman and as a professor. My thoughts are with the Ziff family and I will never forget him.”

According to a Facebook posting by Ziff’s son Max, a memorial get-together is being planned for this summer. Details will be announced soon. In lieu of flowers, contributions may be made to "The Howard Ziff Lecture Series" at the Journalism Department of the University of Massachusetts.

Ziff was born in Holyoke and began his career as a reporter for Pacific Stars and Stripes during the Korean War. He moved to Chicago in 1958, eventually becoming city editor at the now defunct Chicago Daily News.

What's the best hiking trail in Western Massachusetts?

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Spread the word about your favorite hiking area in the Pioneer Valley.

Gallery preview

With spring in the air, it's time to put away the snow boots (not that they saw much action this winter) and dust off the hiking boots. There's only one question: where do you want to go hiking?

As part of the Summer-Fall Reader Raves, we're asking you to spread the word about your favorite hiking area in the Pioneer Valley.

Last year, we compiled a list of "10 Hikes in Western Massachusetts to Try This Summer." We thought it would be a good list to bring back to help put you in a hiking state of mind as you make your pick in Reader Raves.

Click here to browse the "10 Hikes" photo gallery »

Click here to vote for Best Hiking Area »

• What is Reader Raves? Click here.

• How do I vote? Click here.

• Visit ReaderRaves.com to find a full list of voting categories.

Holyoke Parks and Recreation gets golf carts re-bumpered courtesy of Dean Tech students

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The carts are used to carry injured players during football games and to work on the fields.

golfcarts.JPGHolyoke Mayor Alex B. Morse checks out repaired fronts of Parks and Recreation Department's golf carts done by students at Dean Technical High School. Students Jacob Colon Michelle Cruz-Perez and Carlos Morales point out their repair and paint job.

HOLYOKE – The city Parks and Recreation Department has three spruced-up golf carts, thanks to Dean Technical High School students.

Students from the vocational school outfitted the carts’ fronts with new wrap-around fiberglass bumpers.

The department uses the carts to maintain the football field beside Holyoke High School, carry injured players during games and sometimes to bring handicapped people from the parking lot at football games to their seats, said Teresa M. Shepard, Parks and Recreation Department director.

Shepard said she appreciated the students’ work because the carts are beat up, each 10 years old or older.

Mayor Alex B. Morse was on hand Friday when Dean students Jacob Colon, Carlos Morales and Michelle Cruz-Perez presented the carts’ bumpers.

“I think it’s great,” Morse said later.

“I couldn’t think of a better way to utilize the students at Dean. ... It’s a great collaboration between the school and the city. You could tell the students felt as though the students had done something important, which they had,” he said.


Rasmussen poll shows Elizabeth Warren in dead heat with Sen. Scott Brown in Massachusetts Senate race

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The Rasmussen Reports telephone survey of 500 likely voters in in the Bay State shows Warren edging Brown by one point, 46 percent to 45 percent.

Brown Warren 92111.jpgU.S. Senator Scott P. Brown is running a close race with Democratic challenger Elizabeth Warren according to several recent polls.

According to the latest poll on the U.S. Senate Race in Massachusetts, Democratic candidate Elizabeth Warren is running in a dead heat with Republican Sen. Scott Brown.

The Rasmussen Reports telephone survey of 500 likely voters in in the Bay State shows Warren edging Brown by one point, 46 percent to 45 percent.

One percent of those surveyed said they are pulling for another candidate in the race and 8 percent said they are still undecided.

The April 9 survey has a 4.5 percentage point margin of error.

The poll is generally in line with a University of New Hampshire/Boston Globe poll which reported last week that the two candidates were running a close race, with Brown edging Warren 37 percent to 35 percent. That poll held a 4.2 percentage point margin of error.

But a poll conducted by two conservative-leaning groups also released last week showed Brown with a sizable lead over Warren.

The survey of 505 likely voters in Massachusetts conducted by the polling company and Independent Women's Voice concluded that Brown was leading, 47 percent to Warren who had 39 percent support.

Rick Santorum suspends presidential campaign ahead of Pennsylvania primary

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Rick Santorum is suspending his campaign for the GOP presidential nomination, clearing a path for Mitt Romney to become the nominee.

Rick SantorumView full sizeFILE - In this April 4, 2012 file photo, Republican presidential candidate, former Pennsylvania Sen. Rick Santorum visits Bob's Diner in Carnegie, Pa. Santorum is suspending his campaign for the GOP presidential nomination, clearing a path for Mitt Romney to become the nominee. (AP Photo/Jae C. Hong, File)

GETTYSBURG, Pa. (AP) — Rick Santorum is suspending his campaign for the GOP presidential nomination, clearing a path for Mitt Romney to become the nominee.

The former Pennsylvania senator made the announcement Tuesday in his home state of Pennsylvania, two weeks before the GOP presidential primary there.

At the press conference, Santorum said that his family decided to get into the race at their kitchen table and over the past weekend, they decided to suspend the campaign starting today.

Santorum faced a tough fight in his home state against Romney where the ex-senator remains as unpopular as he was when he was voted out of office six years ago.

A February poll by Muhlenberg College showed that nearly half the registered Pennsylvania voters surveyed viewed him unfavorably. Just 39 percent saw him favorably.

A March 28 poll by Franklin & Marshall College showed Santorum with 30 percent support to Romney's 28 percent among registered Republicans, a significant drop from the 29-point advantage Santorum enjoyed in February.

When asked repeatedly by reporters at the press conference if he will endorse Romney, Santorum refused to answer and walked off the stage with his family.

Palmer firefighters at brush fire on River Road

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A combination of strong winds and low relative humidity will create an elevated fire spread potential, according to the National Weather Service.

palmer fire.jpgPalmer firefighters battle a large brush fire on River Road.

PALMER - Palmer firefighters are battling a brush fire on River Road. The call came in after 2 p.m. on Tuesday.

The National Weather Service has issued a "red flag" warning for the state of Massachusetts until 8 p.m.

The alert states that any fires that develop will have the potential to spread rapidly, and that outdoor burning is not recommended. A combination of strong winds and low relative humidity will create an elevated fire spread potential, according to the National Weather Service.

On April 4, a brush fire in Brimfield scorched 52 acres off Paige Hill and Holland roads.

This is a developing story.

Elizabeth Warren among Democrats calling on party and President Obama to embrace marriage equality

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Elizabeth Warren said that President Obama should embrace marriage equality as it is "morally right."

Elizabeth WarrenView full sizeDemocratic U.S. Senate hopeful Elizabeth Warren has been an outspoken advocate of LGBT rights, most recently calling on President Obama to support same-sex marriage and for the Democratic Party to include marriage equality in the official party platform. (AP Photo/Elise Amendola)

Democratic U.S. Senate hopeful Elizabeth Warren is among the voices in the Democratic Party calling on President Barack Obama and party leaders to embrace marriage equality as an official part of the Democratic platform heading into the 2012 elections.

Obama, who has said his view on same-sex marriage is "evolving," is facing increasing pressure to embrace same-sex marriage as he courts lesbian, gay, bisexual and transgender (LGBT) citizens for votes and campaign cash.

In a recent interview with the Washington Blade, an LGBT newspaper, Warren said that Obama should embrace marriage equality because "it's the right thing to do."

"I want to see the president evolve because I believe that is right; marriage equality is morally right," Warren told the Blade.

When asked about including marriage equality in the Democratic Party's platform, Warren said it would help to roll back the Defense of Marriage Act (DOMA), which defines marriage exclusively as being between a man and a woman.

“I’d be glad to see it included in the Democratic platform,” Warren told the newspaper. “It helps raise awareness of the impact of DOMA and it helps build support to repeal it.”

Proponents of adding marriage equality to the National Democratic Platform have also said it would help build support for the Employment Non-Discrimination Act (ENDA), which would make it illegal for any employer with at least 15 employees to discriminate on the basis of sexual orientation or gender identity.

Marriage equality is already a part of the Massachusetts Democratic Party's official platform.

Warren, who is the chief Democratic rival to U.S. Sen. Scott Brown, R-Mass., in his re-election campaign, has been an outspoken advocate on issues affecting the gay community. Warren has called for full legal equality for LGBT people while Brown, who won his seat in a 2010 special election following the death of longtime Democratic Sen. Edward Kennedy, is opposed to same-sex marriage.

President Obama's December 2010 statement on gay marriage

In a editorial penned by Brown and published in the Massachusetts LGBT magazine Bay Windows recently, Brown touted his vote to repeal the Don't Ask, Don't Tell policy, which prevented gay and lesbian military members from serving openly in relation to their sexual orientation.

Brown's vote, which helped repeal the 1993 law in July, gained him the support of Log Cabin Republicans, a grassroots organization representing gays and lesbians in the Republican Party.

But while Brown seemingly used the editorial to reach out to LGBT voters in Massachusetts, which was the first state to pass marriage equality legislation in 2004, he primarily focused on economic issues, discussing bills he sponsored which have since become law.

"I don’t come before you with a checklist of items promising that I will be an advocate for you on each and every one of them," Brown said in Bay Windows. "My opponent has already started down that road, promising to support everyone’s pet project. That’s not the way I have ever operated. But I will go to work for you on the most important issue facing us – getting this bad economy working again and creating jobs."

Brown's statement drew criticism from the National Stonewall Democrats, a LGBT activism group, which said that the DOMA and ENDA legislation are requisite to equality for LGBT people.

"In his feeble attempt to woo LGBT voters, Scott Brown not only failed to make his case, but he also managed to insult the entire LGBT community in the process. Our community's struggle for equality is not a 'pet project,' " said Jerame Davis, executive director of the Stonewall Democrats in a statement. "The right to find and keep a job or the freedom to marry the person you love are fundamental to the American dream. The passage of ENDA and the repeal of DOMA are not just items on a checklist; they are wrongs that must be righted before LGBT Americans can claim anything other than second class status in our nation. LGBT people face a myriad of issues every day that Senator Brown will never truly understand, but he has now made it clear to the voters of Massachusetts that he simply doesn't care."

Brown's campaign declined to respond to Davis' statement.

Stocks extend slide to 5 days, longest this year

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The stock market extended its longest and deepest slump of the year Tuesday, caught between a recurring nightmare of European debt and the beginning of uncertain corporate earnings reports at home.

0409 dow jonesSpecialist Robert Gross leans out to check the numbers as he works at his post on the floor of the New York Stock Exchange Monday, April 9, 2012. The Dow Jones industrial average finished Monday down 130 points at 12,929, its first close below 13,000 since March 12. (AP Photo/Richard Drew)

By CHRISTINA REXRODE, AP Business Writer

NEW YORK (AP) — The stock market extended its longest and deepest slump of the year Tuesday, caught between a recurring nightmare of European debt and the beginning of uncertain corporate earnings reports at home.

The Dow Jones industrial average fell almost 220 points and was on pace for its third triple-digit decline in four trading sessions. It hit its lowest point since Feb. 3, during the market's strong and steady climb earlier this year.

Prices for U.S. government debt rose for the fifth day in a row as investors sought a safe place for their money.

In the stock market, losses spread to large and small companies alike, and among both industries that perform well in good times and stocks that are seen as safe investments in bad times.

European markets sold off while Wall Street was still sleeping. Concern about the financial health of Spain intensified, and borrowing costs for that country rose considerably.

The main stock indexes in Spain and France closed down about 3 percent for the day, the equivalent of a 400-point drop in the Dow. Stocks dropped 2.5 percent in Germany and 2.2 percent in Britain.

"They've managed to put a Band-Aid on the debt crisis, but there's really no solution," said Colleen Supran, a principal at the investment adviser Bingham, Osborn & Scarborough. "And Spain is a much bigger problem than Greece."

The yield on 10-year Spanish bonds crept close to 6 percent. The point at which governments can no longer afford to raise money on the international bond markets and must seek bailouts is generally considered to be 7 percent.

The 7 percent level forced Greece, the last focal point of the European debt crisis, to seek rescue loans. But Spain's economy is more than five times as large as Greece's.

In the United States, investors waited for an earnings report from Alcoa, the aluminum maker, scheduled for just after the closing bell. Alcoa is the first of the 30 stocks in the Dow to report its quarterly results.

After nine consecutive quarters of earnings growth, analysts think earnings will decline 0.1 percent this time. Better performance than that could stop the market's decline, but a weaker showing could accelerate the selling.

Alcoa stock fell 2.6 percent ahead of the report, compared with a 1.4 percent decline for the broader Standard & Poor's 500.

"Whatever qualifications you want to give it — it's because of cost-cutting, they've laid off a lot of people — earnings have been one bright spot," said Adrian Day, president of Adrian Day Asset Management in Annapolis, Md. "If that were to turn, that would be sort of the last leg on the stool being knocked away."

The economic news of the day was mixed: Wholesale businesses increased their inventories in February more than analysts had expected, and more expensive gasoline drove sales higher.

The growth of wholesale restocking is still expected to be a drag on the overall economy for the first quarter, but not as much as economists thought.

Still, after the strongest first three months for stocks since 1998, investors have found plenty to fret about: The Federal Reserve is worried about the strength of job growth and not inclined to provide further help for the economy.

The Dow declined 335 points from last Tuesday through Monday. That included 131 points on Monday, the first time investors could react to a report showing much weaker job gtowth in March than in the three previous months.

Just after 2:30 p.m. Tuesday, the Dow was down 219 points at 12,710. The S&P was down 22 points at 1,360.

The Nasdaq composite index, which eked out a gain in one of the past four days, was down 52 points at 2,995 — its first time below 3,000 in a month.

Consumer discretionary stocks, which include travel companies, clothing stores and cable companies, fell 2 percent as group, the worst-performing segment of the market.

Financial stocks fell almost as much, and even utilities and health care stocks, which are more dependable in times of economic uncertainty, were down more than 1 percent each.

The worst-performing stock in the Dow was Bank of America, which tends to take a hit when concerns about Europe grow stronger. Bank of America was down 3.8 percent.

The Dow's worst showing of the year was a decline of 203.66 points on March 6.

Last year, the Dow's longest losing streak was an eight-day, 850-point plunge in July and August, with Congress bickering over the government debt limit and just before the S&P ratings agency downgraded the U.S.

On Tuesday, the dollar and U.S. Treasury prices rose as investors shifted money into lower-risk investments. The yield on the benchmark 10-year Treasury note fell for the fifth straight day, dropping 1.99 percent from 2.04 percent Monday.

When earnings reports begin rolling in, analysts think they will reflect slowing growth in China and a tottering Europe. But "a lot of these companies are in a good spot," said JJ Kinahan, chief derivatives strategist for TD Ameritrade in Chicago.

"There seems to be this black cloud as everyone talks about the market," Kinahan said.

He noted that stocks are well up for the year. The S&P 500 was up 8 percent even counting Tuesday's decline. The Dow was up more than 4 percent and the Nasdaq 15 percent.

The low expectations for earnings could also be a blessing in disguise. Companies may have an easier time beating them, which can drive up their stock price, at least temporarily.

"CEOs have done a very good job of setting expectations low," Kinahan said.

Analysts have also worried that high gasoline prices could hurt the economic recovery. The price of oil fell below $102 per barrel Tuesday, but that was because traders are betting that a weak U.S. economy will keep demand low.

Oil nearly hit $110 last month. It was about $75 in October. The buildup has been partly because of tension over Iran's nuclear program and the oil embargos that have ensued.

Iran, which has already cut off oil shipments to France and Britain, declared Tuesday that it would extend the embargo to Greece, a pre-emptive strike against European countries that planned to stop buying from Iran. Talks on Iran's nuclear program are scheduled for Saturday.

Among stocks making big moves:

— Supervalu Inc., the grocery chain that owns Albertsons and Jewel-Osco, climbed more than 9 percent. The company reported a quarterly loss but outlined turnaround plans that include closing stores and slashing jobs.

— Best Buy fell almost 3 percent after announcing that its chief executive had resigned without a permanent successor. The electronics giant is struggling for market share in a retail world that's been shaken up by online companies like Amazon.

George Zimmerman's lawyers withdraw from Trayvon Martin shooting case

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Two attorneys for the Florida neighborhood watch volunteer who fatally shot 17-year-old Trayvon Martin said Tuesday that they have withdrawn as his counsel because they have lost contact with him.

Trayvon Martin George Zimmerman 2012.jpgThe late Trayvon Martin, left, is seen in this composite photo with the man who is accused of shooting him to death in Florida, George Zimmerman.

KYLE HIGHTOWER
Associated Press

SANFORD, Fla. (AP) — Two attorneys for the Florida neighborhood watch volunteer who fatally shot 17-year-old Trayvon Martin said Tuesday that they have withdrawn as his counsel because they have lost contact with him and he is taking actions related to the case without consulting them.

Attorney Craig Sonner and Hal Uhrig said at a news conference they haven't heard from George Zimmerman since Sunday. They said that against their advice, Zimmerman contacted the special prosecutor who will decide if he should face charges. A spokeswoman for Angela Corey's office didn't immediately respond to an email and two phone calls.

Zimmerman says he shot Martin in self-defense after following the teenager in a Sanford, a gated community outside Orlando. He said after he followed Martin for a time, he was returning to his truck when the teen attacked him. He shot the unarmed teen to death during the altercation.

Attorney Hal Uhrig said that his legal team is still concerned about Zimmerman, who he said is "not doing well emotionally" and may be suffering from post-traumatic stress disorder.

The lack of an arrest has led to protests across the nation and spurred a debate about race and the laws of self-defense. Zimmerman's father is white and his mother is Hispanic.

Craig Sonner, the first attorney Zimmerman contacted, said he agreed to take the case on a pro bono basis until Zimmerman is perhaps charged.

Sonner said he has never talked to Zimmerman face-to-face and that the 28-year-old man has gone into hiding but that he believes he's still in the U.S. Both attorneys said they'd be willing to represent him again if he asks.

Ben Crump, an attorney for Martin's family, said they're concerned that Zimmerman could be a flight risk if he is charged with a crime since his now-former attorneys don't know how to contact him.

"At this point, we're just concerned that nobody knows where he is at. Nobody knows how to get to him," Crump said.

Springfield police officer Anthony Pioggia denies coercing witness, as court holds hearing on convicted murderer Charles Wilhite's request for new trial

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The day before, another witness testified that Pioggia told him to say Wilhite was the shooter or he would be charged with accessory after the fact of murder.

ae wilhite 1.jpgConvicted murderer Charles L.Wilhite, of Springifeld, is seen in Hampden Superior Court Monday regarding his request for a new trial.

SPRINGFIELD – A long-time Springfield detective said on the witness stand in Hampden Superior Court Tuesday he did not coerce or threaten a city man to say Charles Wilhite shot Alberto L. Rodriguez in front of the Pine Street market in October 2008.

Police Officer Anthony Pioggia testified he and another officer spoke to Nathan Perez “in a nice, calm manner” when they were showing him photographs possibly connected to the killing.

On Monday, Perez, of Holyoke, testified Pioggia told him to say Wilhite was the shooter or he would be charged with accessory after the fact of murder.

Both Pioggia and Perez were witnesses called in a hearing, in front of Judge Peter A. Velis, on Wilhite’s motion for a new trial.

Perez said he lied when he testified at the trial of Wilhite and co-defendant Angel Hernandez when he said he saw Wilhite shoot Rodriguez.

Wilhite, 28, was sentenced to life in prison without the possibility of parole after a jury found him and Hernandez guilty of first degree murder in their December 2010 trial.

Wilhite’s efforts to get a new trial, or to get his conviction overturned, has generated an organized effort called “Justice for Charles.” People holding signs with that message were outside the Hall of Justice both Monday and Tuesday morning.

Perez testified Monday he signed a photograph of Wilhite and the Pioggia wrote “shooter” on the photo.

Pioggia testified Tuesday Perez wrote “shooter” on the photo of Wilhite.

Velis set April 17 for Wilhite’s lawyers to submit a written memo in support of their motion for a new trial. The state must submit a written response by April 19.

Oral arguments are set for April 23.

Velis said he will have his decision May 4 or May 7.

Perez had also testified Monday former Assistant District Attorney Stephen E. Spelman told him he had to testify to the same thing contained in his police statement – that Wilhite was the shooter – or he could be charged with perjury.

Spelman took the stand Tuesday and said he never told Perez he could be charged with perjury and Perez never told him he did not see Wilhite shoot Rodriguez.


Wall Street stocks plummet 214 points for biggest loss of 2012

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The stock market is caught between a recurring nightmare of European debt and the beginning of uncertain corporate earnings reports at home.

By CHRISTINA REXRODE | AP Business Writer

120711 bank of america.JPGThe Dow Jones industrial average had its worst day of 2012 on Tuesday, and the worst-performing stock in the Dow was Bank of America, which tends to take a hit when concerns about Europe grow stronger. Bank of America was down 4.4 percent.

Updates a story posted Tuesday at 2:58 p.m.


NEW YORK — The stock market extended its longest and deepest slump of the year Tuesday, caught between a recurring nightmare of European debt and the beginning of uncertain corporate earnings reports at home.

The Dow Jones industrial average fell 213.66 points, its biggest decline of the year and third triple-digit loss in four days. It closed at 12,715.93, its lowest since Feb. 2.

A five-day losing streak has shaved about 550 points off the Dow, more than half what it gained from January through March.

In Europe, concern about the financial health of Spain intensified, and borrowing costs for both Spain and Italy rose considerably. Spain's borrowing costs crept closer to levels that forced other countries to seek bailouts.

European markets sold off while Wall Street was still sleeping. The main stock indexes in Spain and France closed down about 3 percent, the equivalent of a 400-point drop in the Dow.

"They've managed to put a Band-Aid on the debt crisis, but there's really no solution," said Colleen Supran, a principal at the investment adviser Bingham, Osborn & Scarborough in San Francisco. "And Spain is a much bigger problem than Greece."

The yield on 10-year Spanish bonds rose to almost 6 percent. The point at which governments can no longer afford to raise money on the international bond markets and must seek bailouts is generally considered to be 7 percent.

The 7 percent level forced Greece, the last focal point of the European debt crisis, to seek rescue loans. But Spain's economy is more than five times as large as Greece's.

Jeffrey Cleveland, senior economist at Payden & Rygel in Los Angeles, compared the financial markets to a person coming off a sugar high — in this case, the bailout package for Greece put together late last year.

"It works for a few minutes, but eventually reality reasserts itself," Cleveland said. "Nothing has been solved in Europe. People are paying attention to it now. They were able to ignore it for a little while."

In the United States, stock in Alcoa, the aluminum company, surged 5.3 percent after the market closed. Minutes after the closing bell, the company reported profit of 9 cents per share. Analysts expected a loss of 4 cents.

Alcoa was the first of the 30 stocks in the Dow to report its quarterly results, and earnings will help determine whether the market continues its slide or reverses it.

After nine consecutive quarters of earnings growth, analysts think earnings will be flat this time. Those predictions came before Alcoa's impressive results, however.

"Whatever qualifications you want to give it — it's because of cost-cutting, they've laid off a lot of people — earnings have been one bright spot," said Adrian Day, president of Adrian Day Asset Management in Annapolis, Md. "If that were to turn, that would be sort of the last leg on the stool being knocked away."

The first three months of this year were the best for stocks since 1998, but investors have found plenty to fret about in April.

The losing streak began last Tuesday, when the Federal Reserve said it was worried about the strength of job growth and suggested it was not inclined to provide further help for the economy.

The Dow fell 204 points in three days. It fell 131 more on Monday, the first time investors could react to a report showing much weaker job growth in March than in the three previous months.

Then, on Tuesday, the National Federation of Independent Business reported a drop in its small-business optimism index, the first decline after six months of gains.

That report helped knock stocks down at the open, and with Europe to worry about, they sank all day. The S&P finished down 23.61 points, its worst one-day decline this year, at 1,358.59.

The Nasdaq composite index, which eked out a gain in one of the past four days, ended down 55.86 points, its worst performance this year, at 2,991.22. It closed below 3,000 for the first time in more than a month.

The Dow's 8 percent gain through the first quarter has been shaved to 4 percent. The S&P's gain of 12 percent has been cut to 8 percent. And the Nasdaq's run of almost 20 percent is now just 15.

Last year, the Dow's longest losing streak was an eight-day, 858-point plunge in July and August, with Congress bickering over the government debt limit and just before the S&P ratings agency downgraded the U.S.

On Tuesday, consumer discretionary stocks, which include travel companies, clothing stores and cable companies, fell 2.4 percent as a group, the worst-performing segment of the market.

Financial stocks fell almost as much, and even utilities and health care stocks, which are more dependable in times of economic uncertainty, were down more than 1 percent each.

The worst-performing stock in the Dow was Bank of America, which tends to take a hit when concerns about Europe grow stronger. Bank of America was down 4.4 percent.

Trading was the most active since March 16, 4.6 billion shares.

One big factor in the sell-off is fear that growth is slowing in the world's biggest economies. Recent economic reports from the United States and China have come in far below investors' expectations.

The March jobs report showed a gain of 120,000, about half the monthly gain from December through February. And an earlier report on Americans' incomes showed that when adjusted for inflation, they dipped slightly in February for the second straight month. Without more earnings, consumer spending will likely be constrained.

Investors are pricing in slower growth in the United States, said Neil Dutta, an economist at Bank of America Merrill Lynch. He predicts the S&P will end the year at about 1,400, only about 3 percent higher than where it finished Tuesday.

For now, he said, "the likelihood is that the sell-off is probably not done."

The low expectations for earnings could be a blessing in disguise, though. Companies may have an easier time beating them, which can drive up their stock price, at least temporarily.

"CEOs have done a very good job of setting expectations low," said JJ Kinahan, chief derivatives strategist for TD Ameritrade in Chicago.

Analysts have also worried that high gasoline prices could hurt the economic recovery. The price of oil fell almost to $101 a barrel Tuesday, but that was because traders are betting that a weak U.S. economy will keep demand low.

That's down from nearly $110 last month, but still up significantly from about $75 in October. The buildup has been partly because of tension over Iran's nuclear program and the oil embargoes that have ensued.

Iran, which has already cut off oil shipments to France and Britain, declared Tuesday that it would extend the embargo to Greece, a pre-emptive strike against European countries that planned to stop buying from Iran. Talks on Iran's nuclear program are scheduled for Saturday.

On Tuesday, the dollar and U.S. Treasury prices rose as investors shifted money into lower-risk investments. The yield on the benchmark 10-year Treasury note fell for the fifth straight day, dropping to 1.99 percent from 2.04 percent Monday.

Among stocks making big moves:

• Supervalu Inc., the grocery chain that owns Albertsons and Jewel-Osco, climbed 15 percent. The company reported a quarterly loss but outlined turnaround plans that include closing stores and slashing jobs.

• Best Buy fell almost 6 percent after announcing that its chief executive had resigned without a permanent successor. The electronics giant is struggling for market share in a retail world that's been shaken up by online companies like Amazon.

AP Economics Writer Christopher S. Rugaber contributed to this report from Washington.

Brush fires in Palmer believed to be caused by sparks from passing train

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Two houses were threatened on River Street, and at one of them, fire burned a wooden boundary fence and scorched a pool deck. Watch video

This is an updated version of a story posted at 2:37 p.m.


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PALMER - Sparks from a passing train is believed to be the cause of four separate brush fires that burned approximately two acres off River Street and Bennett Street in the Thorndike section Tuesday afternoon.

Palmer Fire Chief Alan J. Roy said the rail line is close to the back of the houses, which was one of the challenges in fighting the fires.

Two houses were threatened on River Street, and at one of them, fire burned a wooden boundary fence and scorched a pool deck.

There were no injuries, and mutual aid was provided by the Three Rivers, Bondsville, Monson and Ware fire departments. The state Department of Conservation and Recreation forest fire truck also responded.

The fires broke out just after 2 p.m. in the areas of 122, 154, 124 and 144 River St., and near Camp Ramah on Bennett Street. Firefighters did not clear the scene until close to 4 p.m.

"The problem was dry conditions. There was a red flag warning and high winds . . . The conditions are really dangerous out there," Palmer Fire Capt. David Pranaitis said.

Roy said the sparks ignited wood debris left over from the October snowstorm, including leaves and brush that accumulated between the homes and the tracks.

"It was challenging," Roy said.

Some residents went outside with buckets of water to help keep the ground wet. A Palmer police officer, Brian McNally, also grabbed a garden hose to fight the fire.

"It was moving quick," Roy said.

Roy said burning permits are not being issued because of the dry conditions. He said a "red flag warning" wasn't issued until about an hour before the brush fires broke out.

The National Weather Service issued an alert stating that any fires that developed had the potential to spread rapidly, given a combination of strong winds and low relative humidity.

Two Western Massachusetts residents caught up in statewide anti-child pornography sweep

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Among the 32 arrests were Craig Cilley, 27, of 418 Chauncey Walker St., Belchertown, and Eric LaCoste, 29, of 11 Darrel Ave., Granby.

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FRAMINGHAM — Two Western Massachusetts men were caught up in an anti-child pornography sweep conducted over the past week in a coordinated effort between the Massachusetts State Police, the office of Attorney General Martha Coakley and dozens of municipal police departments.

Among the 32 arrests were Craig Cilley, 27, of 418 Chauncey Walker St., Belchertown, and Eric LaCoste, 29, of 11 Darrel Ave., Granby.

The arrests were announced Tuesday at a press conference at State Police Headquarters in Framingham.

Cilley was charged with possession of child pornography, while LaCoste faces single counts of dissemination of harmful material to a minor, and solicitation of a minor in a state of nudity.

Most of the other 30 suspects were charged with either possession or possession and dissemination of child pornography.

The arrests were ongoing over the past week as part of an effort called “Operation Corral” that was coordinated by the Massachusetts Internet Crimes Against Children Task Force. State and local law enforcement executed dozens of search warrants, looking specifically for evidence of child pornography.

LaCoste was arrested April 2 at his home at in Granby. Cilley was arrested April 5 at his home in Belchertown.

LaCoste denied the charges at his arraignment April 3 in Eastern Hampshire District Court. He was ordered to stay away from the alleged victims and their families, to have no contact with children under age 16 and to keep away from the Granby Junior-Senior High School. He was also ordered to wear an electronic monitoring bracelet. He is due back in court on May 4.

Arraignment information on Cilley was not available.

Mild winter forces changes in annual Westfield River Wildwater Races schedule

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Retired race chairman Jeffrey DeFeo said this is the 1st time in the 59-year history of the event that there is not enough water.

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HUNTINGTON – A mild 2011-2012 winter will take its toll on the annual running of the Westfield River Wildwater Races this month.

A lack of snow melt and rain will force the Westfield River Canoe Club to cancel one of the two days of competition, organizers said.

The 59th annual race will be held April 21. It had been scheduled for April 21-22, with novices racing Saturday and experts Sunday.

“We will consolidate everything into one day and do our best to accommodate all participants,” race chairman Edward A. Smith said Tuesday.

Retired chairman Jeffrey M. DeFeo said, “This is the first time ever there is not enough water. It may also be the first time in race history that the leaves are out.”

DeFeo was referring to the early spring blooming of trees and plants.

Smith said the decision was made to consolidate novice and expert class races into one day of competition after being notified by officials at the Knightville Dam of the low-water situation.

Water flow in the Westfield River is controlled by the Army Corps of Engineers at the dam, and Smith and DeFeo said the lack of water will make it difficult to maintain the needed flow for two days of racing.

The canoe club was forced to cancel a scheduled paddling clinic last Saturday and another scheduled for this Saturday. Clinics are held each year on the two or three weekends prior to the race to introduce newcomers to the river.

Races April 21 will include the novice course that extends about eight miles from the state’s Department of Transportation yard at Norwich Bridge on Route 112 in Huntington to Strathmore Park in Russell.

Expert competitors will race a 12-mile course that begins at the base of Knightville Dam and continues to Strathmore Park.

“We still have to plan the logistics for the expert race and that information will be posted on our website as soon as possible,” Smith said.

The website is www.westfieldriverraces.com.

“It might get a little crowded on the river that day with both expert and novice competitors,” DeFeo said. “They will just have to deal with it and go around,”

The race regularly draws upwards of 200 novice paddlers and at least 50 expert competitors.

Massachusetts lawmakers debate medical marijuana

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A ballot question on the topic will be averted only if backers fail to collect 11,485 certified signatures by July 3 or if they drop their effort in deference to a plan on Beacon Hill to pass an alternative proposal – an option that appears unlikely at the moment.

101510 woman smoking medical marijuana.JPG10.15.2010 | Susan Recht smokes a marijuana cigarette at the San Francisco Medical Cannabis Clinic in San Francisco. (AP Photo/Eric Risberg, File)

By COLLEEN QUINN

BOSTON — Lawmakers wrangling over whether to legalize marijuana for medical use continued Tuesday to struggle with questions pertaining to federal enforcement, offering no indication that a legislative compromise might be in the works and likely leaving the issue up to voters to settle in November.

An advancing ballot question on the topic will only be averted if backers fail to collect 11,485 certified signatures by July 3 or if they drop their effort in deference to a plan on Beacon Hill to pass an alternative proposal – an option that appears unlikely at the moment. Two bills before the Public Health Committee on legalizing medical marijuana (S 1161) and (H 625) have been sent to study – a legislative move that almost always ends the chances of a bill passing.

Rep. Jeffrey Sanchez, co-chair of the committee, told the News Service after a hearing on the ballot initiative (H 3885) that his committee is “not working on anything” that would stop the planned ballot question. The Legislature has until May 1 to either pass the initiative, draft its own version of legislation, or refrain from acting on it and allow the process to continue toward the November ballot.

“We will just have to wait and see what happens,” Sanchez said after a sparsely-attended hearing in Gardner Auditorium Tuesday morning.

In 2008, Massachusetts voters settled another marijuana-related ballot question, approving a question that decriminalized possession of one ounce or less of marijuana and instituted a system of civil penalties and fines. The measure passed easily, with 1.9 million voters approving it and 1 million voting against it.

After listening to arguments for and against legalizing medical marijuana for almost three hours, Sanchez said the issues “in and around this are very complicated.”

“The patient’s perspective is really compelling because they are suffering from debilitating diseases,” he told the News Service. “At the same time the structures or the lack of structures in the bill for a controlled/non-controlled substance that isn’t structured by the FDA is a major concern.”

But the biggest concern, Sanchez said, is the potential for prosecution by federal authorities of those who dispense the drug for medical purposes. The Jamaica Plain Democrat has voiced his fears over federal prosecution during previous hearings on the topic.

“The attorneys general have said they will prosecute dispensaries and commercial providers, the commercial operations. So that means everyone. That means everyone involved in the process,” Sanchez said. “That means if we were to pass this the commissioner of public health could essentially be dragged out of his office, and held in contempt if we were to pass, and if he were to operate.”

He pointed to news last fall where the four U.S. attorneys in charge of California threatened to prosecute medical marijuana dispensaries for violating the federal law against marijuana. California was the first state to pass a law legalizing medical marijuana in 1996, according to the National Conference of State Legislators.

“I just don’t know. How do you get around our federal authority, especially when you have your attorney generals saying they will prosecute, and not only prosecute, they will actively investigate, and they will actively prosecute?” Sanchez said.

Some opponents of legalizing medical marijuana said the potential for federal prosecution is very real, even if Massachusetts passes a law.

Heidi Heilman, from the Massachusetts Prevention Alliance, told lawmakers during the hearing that she recently met with U.S. Attorney Carmen Ortiz on the issue.

“She was very clear. They will uphold current federal marijuana laws,” Heilman told the committee.

A spokeswoman for Ortiz could not be immediately reached for comment.

Sanchez and John Corrigan, one of the ballot initiative’s authors and a former prosecutor, went back and forth for several minutes over whether the U.S. Justice Department would prosecute people who are using and dispensing marijuana for legitimate medical purposes. Corrigan said he does not believe U.S. attorneys have been “that direct” about prosecuting.

Sixteen other states, and the District of Columbia, have all passed similar legislation legalizing medical marijuana use. Maine, Vermont and Rhode Island are the three New England states with laws allowing medical marijuana.

Andrew Beckwith, a former criminal prosecutor and attorney with the Massachusetts Family Institute, said one of the problems with the way the ballot question is written is that it doesn’t limit itself only to debilitating conditions, but ends in a “catch-all clause.”

The ballot question details several conditions that would qualify for medical marijuana, including cancer, HIV/AIDS, glaucoma, Hepatitis C, multiple sclerosis, Crohn’s disease, Parkinson’s disease, amyotrophic lateral sclerosis (ALS) and “other conditions as determined in writing by a qualified patient’s physician.”
Beckwith argued it would leave too much leeway for doctors to prescribe medical marijuana.

Corrigan said when writing the question, his organization – the Committee for Compassionate Medicine - tried to draft a bill that would “allow only the intended medical use.” The ballot question lays out criminal penalties for fraudulent or nonmedical use, including jail sentences. It also requires CORI checks for anyone handling drugs at a treatment center, and it would limit the number of treatment centers allowed to dispense marijuana to 35 statewide. The ballot initiative also prohibits public smoking of marijuana, and says it can only be prescribed by a licensed physician in writing for a specific medical condition, he said.

“There is a belief that people will exploit the system for personal use,” Corrigan said. “This gives Massachusetts the tools it needs, but also protects against abuse.”

Those who need medical marijuana appealed to lawmakers for compassion.

Eric McCoy, a Boston resident with multiple sclerosis, said he has used medical marijuana daily for more than 17 years to help with stiffness and muscle spasms. His doctors are aware of his marijuana use, he said. McCoy said he never smoked marijuana before he was diagnosed with multiple sclerosis more than 20 years ago. He told committee members he has to “go underground” to find people who sell marijuana.

“I am almost 60 years old, and quite frankly, it would be nice in my later years not to have to go on the street to find medical marijuana,” McCoy said.

Other proponents of legalizing the drug for medical purposes said it is terrible that patients seeking to ease to their suffering have to seek out criminals to purchase marijuana.

“Currently, only criminals sell this medicine,” said Dr. Karen Munkacy, an anesthesiologist who works for the Rothschild Foundation based in California.

She said patients who use medical marijuana most often do not smoke it, but vaporize it to inhale it. Munkacy said she is a breast cancer survivor who was treated without medical marijuana, but wishes it was available. Medical marijuana decreases patients’ pain, decreases nausea, and increases appetite – which is especially helpful for cancer patients, Munkacy said.

She argued marijuana is categorized as a schedule one narcotic for political reasons, and it is time for the politics to “catch up with the science in our country.” She pointed to the 16 other U.S. states where medical marijuana is legal, and several European countries where it is allowed.

Other physicians disagreed with prescribing it.

Dr. Louis Fazen, a pediatrician from Southborough, said he would have a tough time prescribing medical marijuana because there is no FDA research surrounding the appropriate dosages and the effects. He said he also has concerns about people smoking it.

“Smoking marijuana is dangerous to your health. We know that,” he said. “It is very difficult for physicians to prescribe something they don’t have any information on.”

Lynn Morin, who twice survived cancer that was diagnosed as terminal, told committee members about the pain and suffering associated with cancer treatment. Many cancer survivors experience chronic pain, she said. Morin, who represents the New England Coalition for Cancer Survivorship, said the decision to prescribe medical marijuana should be made between a patient and their doctor.

“I have lost a lot of friends in my short life. Many of them suffer. I just lost two very good friends who suffered for a long time,” said Morin, through tears and apologizing for being emotional. “And I just can’t understand why we wouldn’t provide access to people of something that really helps them.”

The Massachusetts Medical Society, which represents nearly 24,000 physicians and student members, on Tuesday affirmed its opposition to smoking marijuana for recreational purposes and said it recognized the importance of clinical trials on the medical use of marijuana.

According to the society, it backed legislation supporting clinical trials at the Department of Public Health. "While that legislation has been long enacted, no clinical trials have been done in Massachusetts," the society said in policy position statements released prior to Tuesday's hearing.

In December 2011, two medical society committees that had reviewed the scientific and clinical status of medical marijuana since the 1999 Institute of Medicine Report on the issue concluded "there is no evidence-based clinical measurement on which to establish new policy for a change in prescribing practices" and "that there is insufficient evidence to support the use of marijuana to treat medical conditions."

The society's House of Delegates late last year voted to support the report of the two committees.

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