Judge Margot Botsford (pictured) wrote the court's decision regarding Leyton Burgos, who is serving a mandatory life sentence.
BOSTON -- The state Supreme Judicial Court on Tuesday denied a new trial for a former Springfield man convicted in 1996 of helping to plot the murder of the "godmother" of a rival gang amid a feud over drug territory.
Leyton Burgos, now about 37, a former enforcer for the Los Solidos gang in Springfield, was convicted by a Hampden Superior Court jury of being an accessory before the fact of first-degree murder in the killing of Sylvia Ramirez, 22, a member of the La Familia gang and a mother of three, according to evidence at trial and the high court's decision written by Judge Margot Botsford.
Burgos, who is among several former gang members convicted in the case, is serving a mandatory life sentence without the chance of parole for the May 1994 killing.
SJC Associate Justice Margot Botsford
Burgos wanted to be promoted to "chief war lord" of his gang and helped develop the effort to kill Ramirez, saying she "had to die," during a planning session, the court decision said. Burgos abruptly left the stolen car on the way to the planned slaying, the decision said.
But another gang member, from the front seat of the car, shot Ramirez in the right side of her head, possibly a ricochet, while she was sitting on the front steps with several friends at 190 Locust Street in Springfield, the decision said.
In his appeal, Burgos argued that the prosecutor improperly failed to correct allegedly false testimony by two key prosecution witnesses, that a mistake was made in the trial judge's instructions to jurors, and that his defense lawyer was ineffective.
The Supreme Judicial Court upheld findings by the trial judge, Daniel A. Ford, that denied a new trial for Burgos. The court also affirmed the conviction of Burgos.
Assistant U.S. Attorney Daniel Goldman argued Fusco provided another associate's "crash dummy" with the gun to kill Bruno and clued the shooter in to Bruno's whereabouts the night Bruno was shot dead.
Emilio Fusco
NEW YORK — Lawyers offered opening arguments on Tuesday morning in the trial of Emilio Fusco, a Longmeadow man accused of murder, extortion and drug dealing while he was a soldier in the so-called Springfield Crew of the Genovese organized crime family.
Assistant U.S. Attorney Daniel S. Goldman told jurors that Fusco was part of a plot that stretched from Western Massachusetts to New York to execute his primary rival, Springfield mob captain Adolfo "Big Al" Bruno, "cowboy style" in that city's downtown.
Goldman argued Fusco provided another associate's "crash dummy" with the gun to kill Bruno and clued the shooter in to Bruno's whereabouts on Nov. 23, 2003. Bruno was shot dead outside the Our Lady of Mount Carmel Society that night as he left his regular weekly card game.
Just three weeks earlier, Fusco had helped bash in the skull of drug dealer and police informant Gary D. Westerman, then buried in a deep hole in a wooded lot in Agawam, Goldman said. Westerman's remains were unearthed with the help of an FBI informant nearly seven years later.
Both victims had effectively drawn targets on their backs by talking to law enforcement officials about Mafia business, the prosecutor argued.
"Both broke the cardinal rule," Goldman said. "The number one rule in the mob – you don't talk to law enforcement."
Prosecutors argued Fusco became a "made member" of the New York-based Genovese family after latching on to late Springfield boss Albert "Baba" Scibelli in the 1990s as a chauffeur. Goldman told jurors Fusco persistently pursued higher stock in the Springfield faction through loan-sharking and illegal gaming schemes – and eventually through the murders.
"In the mid-1990s, he got his big break: he got inducted ... He had respect, he had power and he got a bigger share of mob business," the prosecutor said.
Fusco's lawyer, Richard B. Lind, argued that his client's 2003 conviction on loan-sharking charges was built on evidence gleaned from "the last century" and was being recycled by the government to present an overblown impression Fusco's status as "a tough guy."
Lind said Fusco emphatically denies any role in the Bruno and Westerman killings. Fusco has only been implicated by a small group of turncoats who cut plea deals with the government to save themselves from a federal death penalty or life in prison, the defense lawyer told the panel.
In particular, Lind highlighted the histories of Anthony J. Arillotta, a onetime Springfield capo who turned government witness after he was arrested in this case in 2010. To be sure, prosecutors have built their case against Fusco and three co-defendants convicted last year squarely on Arillotta's testimony.
"He is a killer; he is a conniver; he is a cheat. He lies to virtually everyone," Lind told jurors of Arillotta.
Of admitted Bruno shooter Frankie Roche, also scheduled to testify, the defense lawyer said, "He is a psychopath ... and an impulsive, stone-cold killer."
Both sides told jurors there was most certainly a mob power play going on in Springfield in 2003. But, prosecutors argued Fusco was central to it while Lind argued Fusco had nothing to do with it and attributed the Bruno coup to Arillotta, Roche, and Arillotta's most favored allies: Fotios and Ty Geas.
Brothers from West Springfield, they were convicted of the Bruno and Westerman murders last year in the same courtroom. Also convicted was onetime Genovese acting boss, Arthur "Artie" Nigro, of Bronx, NY. They are all serving life sentences.
Fusco's trial was delayed because he had traveled to Italy and had not returned when a federal grand jury issued the charges. Investigators contend he fled to avoid prosecution but defense lawyers have countered that he traveled to his native country to attend to family business. Fusco was arrested in a small village in southern Italy in the summer of 2010.
The defendant, 43, faces 20 years to life in prison if convicted. The trial is expected to last up to three weeks in U.S. District Court in Manhattan.
Space shuttle Discovery soared around the Washington Monument and the White House in a salute to the nation's capital Tuesday before landing for the last time near its new museum home.
By BRETT ZONGKER and SETH BORENSTEIN, Associated Press
CHANTILLY, Va. (AP) — Space shuttle Discovery soared around the Washington Monument and the White House in a salute to the nation's capital Tuesday before landing for the last time near its new museum home.
The world's most traveled spaceship took off at daybreak from Cape Canaveral, Fla., bolted to the top of a modified jumbo jet for the trip. Three hours later, the pair took a few spins around Washington at an easy-to-spot 1,500-foot altitude before the retired shuttle was grounded for good.
The combo landed at Dulles International Airport in northern Virginia. Discovery will be towed Thursday to the Smithsonian's National Air and Space Museum annex near the airport.
Thousands of people lined the National Mall between the Washington Monument and the Capitol to get a view of the shuttle as it circled three times through partly cloudy skies, surprising watchers each time. The Capitol's balcony was loaded with onlookers and people stood on rooftops. Construction workers staked out prime viewing spots on cranes.
"That's fantastic. That's wonderful. Look at that — you can see the name on it," gushed Sorena Sorenson, a geology curator who works for the Smithsonian Institution, whose museums line the mall.
For 43 years, she has carried an Apollo 11 medal on her key chain.
"This to me is just so bittersweet," she said.
NASA ended the shuttle program last summer after a 30-year run to focus on destinations beyond low-Earth orbit. Discovery — the fleet leader with 39 orbital missions — is the first of the three retired space shuttles to be turned over to a museum for display. It first launched in 1984.
Terri and Bill Jacobsen of Bethesda, Md., used the shuttle's flyover as a teaching experience for their home-schooled son Riley. They calculated the speed, angle the shuttle and plane would bank and other factors to figure out just where would be the perfect viewing spot.
They saw the shuttle appear from behind the Washington Monument, seem to go behind the old clock on the Smithsonian castle and then fly a bit above the Statue of Freedom on top of the Capitol.
"Oh my God, look at that," Terri Jacobsen said as the shuttle first appeared. "That thing is mammoth."
"It was pretty amazing," said Riley, 12. "Pretty freaking crazy. It looked like it was inflated."
When Discovery departed Florida's Kennedy Space Center, nearly 2,000 people — former shuttle workers, VIPs, tourists and journalists — gathered along the old shuttle landing strip to see Discovery off. A cheer went up as the plane taxied down the runway and soared into a clear sky.
The plane and shuttle headed south and made one last flight over the beaches of Cape Canaveral — thousands jammed the shore for a glimpse of Discovery — then returned to the space center in a final salute. Cheers erupted once more as the pair came in low over the runway before finally turning toward the north.
Astronaut Nicole Stott, part of Discovery's final crew, watched with her crewmates as the shuttle departed. "Smiling on the outside," she said in a tweet. "DC bound. Take great care of her!"
Discovery's list of achievements include delivering the Hubble Space Telescope to orbit, carrying the first Russian cosmonaut to launch on a U.S. spaceship, performing the first rendezvous with the Russian space station Mir with the first female shuttle pilot in the cockpit, returning Mercury astronaut John Glenn to orbit, and bringing shuttle flights back to life after the Challenger and Columbia accidents
At the Smithsonian annex, Discovery will take the place of the shuttle prototype Enterprise. The Enterprise will go to New York City. Endeavour will head to Los Angeles this fall. Atlantis will remain at Kennedy.
With the shuttles grounded, private U.S. companies hope to pick up the slack, beginning with space station cargo and then, hopefully, astronauts. The first commercial cargo run, by Space Exploration Technologies Corp., is set to take place in just another few weeks.
For at least the next three to five years — until commercial passenger craft are available in the United States — NASA astronauts will have to hitch multimillion-dollar rides on Russian Soyuz capsules to get to the International Space Station.
___
AP Aerospace writer Marcia Dunn in Cape Canaveral, Fla., contributed to this report; Borenstein reported from Washington.
Robert F. Bordeau, 66, of Palmer, passed away on Sunday. He was born in Holyoke. He served in the U.S. Marines Corps, and worked as a security guard for President Lyndon B. Johnson at the American Embassy in Seoul, South Korea. Bordeau retired in 2008 after working for 17 years as a computer analyst for Big Y Foods. After his retirement, he worked part-time at Lowe's in Ware.
The license board supports Casey Douglass' request for an over quota license.
Republican file photoThe owner of the Apollo Grill is hoping to obtain a liquor license from the state for a new Easthampton eatery.
EASTHAMPTON — The License Board is supporting the owner of the Apollo Grill’s request to seek a liquor license from the Legislature, the first step in a lengthy process that would allow him to obtain an over quota license.
Casey Douglass wants to open a new restaurant-bar at 60-62 Main St., but the license board last month awarded the last available full license to Anup K. Sangar for a soon-to-open Indian restaurant on Union Street.
Applying for a legislative license allows a petitioner to obtain a license beyond the city’s quota. The state issues licenses based on population.
“It’s his prerogative to do,” said License Board member Jason Duda. Douglass can contend it’s a hardship not to have one, he said.
Currently there are two such licenses in the city. The Log Cabin has one and so does the Art Bar, which recently opened in the former Memorial Hall, which is home of the Massage School. Alexei Levine and Valerie Hood, who run the school, have opened the restaurant and bar Friday nights, Saturdays and Sundays for now, Levine said.
The City Council and Mayor Michael A. Tautznik must also agree to support Douglass’ request, and then it would be brought to state Rep. John W. Scibak, D-South Hadley, to bring to the legislature.
Even with legislative approval, Douglass would have to apply for the license before the local board, Duda said. The whole process could take about a year.
Last month Douglass said he wanted to buy the Main Street building, but he said it didn’t make sense to pursue the new restaurant without the liquor license. He said Tuesday he is now in the process of buying the building.
In 2006, Douglass asked the council not to approve the license request for the Massage School owners unless the council had a plan for how many such licenses it planned to allow and where it would allow them.
“I opposed the lack of guidelines,” Douglass said. He wanted the council to set a limit on the number of licenses it would allow so that it didn't devalue the existing licenses.
The former Treydon’s Restaurant had an over quota license, but when the restaurant closed the license did not transfer with it. That is the site of Sangar’s new restaurant.
The suspect put the officer in a choke hold and said "I could kill you right now," according to court documents.
CHICOPEE – Police Officer Jeffrey Couture feared for his life and threatened to shoot Jay T. DiRico as they struggled on the floor of DiRico’s Murphy Lane home Sunday afternoon, according to an incident report written by the officer.
DiRico, a local top golfer and former state court officer, denied a charge of attempted murder and other charges during his arraignment Tuesday afternoon in District Court.
Judge Mark Mason revoked bail for DiRico pending a dangerousness hearing set for Friday in District Court. Mason issued the ruling after hearing sharply conflicting accounts of the violent encounter between DiRico and Couture.
DiRico posted $2,500 for his release on Monday.
Couture was summoned to the home to help a woman, apparently a former girlfriend, retrieve some of her belongings, according to court documents.
DiRico became enraged at one point, however, and Couture intervened to prevent him from attacking the woman.
Couture, pinned to the kitchen floor by DiRico, could not move his arms to access his pepper spray, baton, or even his police radio.
“I could not get to my radio to let them know I was being pinned down (by) an enraged assaultive subject and I was at serious disadvantage,” Couture wrote in his incident report.
When Couture rolled in an attempt to gain advantage, DiRico slid behind the officer and put his arms around him in a chokehold.
“He said 'I could (expletive) kill you right now' as he began to squeeze harder,” Couture wrote in the report.
Fortunately for Couture, the emergency button on his police radio was activated during the scuffle and the officer could hear dispatchers calling to check on his well-being.
Repeatedly punched while on the floor, Couture wrote that he was becoming physically exhausted: “Blood was coming out of my mouth, my head and face were throbbing and I was feeling disoriented.”.
“I said to Jay, 'If you don’t let me go of me now I am going to shoot you.' I felt at that point if he had continued to choke me that would have been my only defense to save my life,” Couture wrote in the report.
At that point, DiRico got off the officer and headed outside. Couture followed, fearful for the woman’s safety, and sprayed the suspect with pepper spray in the driveway. Couture eventually managed to handcuff DiRico and place him inside the cruiser.
Even so, DiRico’s threats against Couture continued.
“You are going to lose your job over this,” he told Couture, according to the report. “No one puts their hands on me in my house, you're lucky I didn’t kill you. I know jiu jitsu, I could have killed you easy.”
DiRico, a top amateur golfer and former golf club pro in western Massachusetts, apparently also practices mixed martial arts, Deputy Police Chief William R. Jebb said.
Couture wrote that the woman needed to retrieve a cell phone and some clothing from the home at 63 Murphy Lane.
DiRico began to yell and said “She doesn’t live here, she isn’t coming in. I pay the utility bills here, that means I own the house.”
Couture, according to his report, then “calmly explained to him that because she moved in with him earlier in the year she does live there and just needed a few belongings. He then told me I was wrong and he knew better because he was a court officer for 13 years.”
DiRico then calmed down. Couture wrote that he could smell alcohol on the DiRico’s breath but did not feel he was intoxicated.”
The officer, DiRico and the woman then walked into the kitchen where the sight of two empty bottles of Jose Cuervo tequila apparently sparked a verbal argument between DiRico and the woman, according to the report.
“At that point it was as if someone flipped a switch. There is no doubt in my mind Jay was about to attack her,” Couture wrote.
The officer physically intervened and DiRico then punched him in the face when he attempted to handcuff him, Couture wrote.
That’s when the fight moved to the floor, according to Couture.
Reporter Jack Flynn contributed to this report
A veterinarian who has cleared Zoning Board of Appeals approval to open an office on Main Street is now turning her attention to negotiating to buy that property.
The Republican | Sandra E. ConstantineThis building at 1775 Main St. in Agawam is being eyed for an office for Massachusetts Veterinary Cardiology Services Inc.
AGAWAM — The Zoning Board of Appeals has granted a special permit for an office proposed by Massachusetts Veterinary Cardiology Services Inc. for a building on Main Street, stipulating no healthy animals shall be kept overnight for boarding.
The board set that condition as well as several others. The special permit was needed for the project because the site has Business A zoning. The Planning Board has already approved site plans for the office.
Veterinarian Nancy Morris said Monday that now that she has received Zoning Board of Appeals approval for the project she can proceed with negotiating to purchase the building at 1775 Main St. The building previously housed the law practice of attorney Anthony C. Bonavita.
Among other conditions set by the Zoning Board of Appeals is that no animals are to be kept outdoors at any time; grass must be cut back on the northwest section of the property to allow for easier traffic flow exiting by Woodcliff Avenue; and an arrow must be posted directing traffic to exit the site onto Woodcliff Avenue.
Morris is currently operating her Massachusetts Veterinary Cardiology Veterinary Services Inc. out of 148 River St. in West Springfield.
Morris has said she wants to treat animals in Agawam on Wednesdays, Thursdays and Fridays from 8 a.m. to 5 p.m. She has estimated her office would generate visits by eight to 10 cars a day as appointments are scheduled for one hour.
There will be no emergency work or surgery at the office and almost never any all-night stays, she said.
The girl's family demanded that their city change policy so that other children aren't treated the same way.
Associated PressIn this Monday, April 16, 2012 image made from video and provided by WMAZ-13 TV, kindergartner Salecia Johnson, 6, is shown at her home near Milledgeville, Ga. Police in Georgia handcuffed the kindergartner after the girl threw a tantrum, and the police chief is making no apologies. Police in Georgia handcuffed the kindergartner after the girl threw a tantrum, and the police chief is making no apologies. Johnson is accused of tearing items off the walls and throwing furniture at school in the central Georgia city of Milledgeville. The police report says the girl knocked over a shelf that injured the principal. (AP Photo/WMAZ-13 TV)
By JEFF MARTIN
ATLANTA — Police in Georgia handcuffed a kindergartner with her arms behind her back after the girl threw a tantrum and the police chief defended the action as a safety measure.
The girl's family demanded Tuesday that their central Georgia city change policy so that other children aren't treated the same way. They say the child was shaken up by the ordeal.
While it's unusual to see a young child handcuffed in school, it's not unheard of. School officials around the nation have wrestled with the issue of when it's appropriate to call police on a student.
Salecia Johnson, 6, was accused of tearing items off the walls and throwing books and toys in an outburst Friday at Creekside Elementary School in Milledgeville, according to a police report.
Police said a small shelf thrown by the child struck the principal in the leg during the fracas. The child also jumped on a paper shredder and tried to break a glass frame, the police report states.
The school called police. When an officer tried to calm the child in the principal's office, she resisted, police say. She "was restrained by placing her hands behind her back and handcuffed," a police report states.
A juvenile complaint was filed, accusing the girl of simple battery and damage to property.
The police department's policy is to handcuff people when they are taken to the police station, regardless of their age, interim Police Chief Dray Swicord said. He said the child was restrained with steel cuffs, the only kind the department uses.
"The reason we handcuff detainees is for the safety of themselves as well as the officer," he said Tuesday.
The girl's aunt, Candace Ruff, went with the child's mother to pick her up from the police station. She said Salecia had been in a holding cell and complained about the handcuffs.
"She said they were really tight. She said they really hurt her wrists," Ruff said. "She was so shaken up when we went there to pick her up."
The police chief said the girl was taken to the police department's squad room, not a holding cell, and officers there tried to calm her and gave her a Coke.
Officials at Creekside Elementary did not immediately return calls Tuesday.
The girl was suspended and can't return to school until August, her mother, Constance Ruff, told WMAZ-TV, which first reported the story.
"We would not like to see this happen to another child, because it's horrifying. It's devastating," her aunt told The Associated Press.
Milledgeville is about 90 miles southeast of Atlanta.
Elsewhere in the U.S., incidents involving students, police and handcuffs have raised difficult questions for educators, parents and policymakers.
In Florida, the use of police in schools came up several years ago when officers arrested a kindergartner who threw a tantrum during a jelly bean-counting contest. Since then, the overall number of student arrests in Florida has declined, but those for minor offenses have increased on a percentage basis. A bill was proposed this year to restrict police from arresting kids for misdemeanors or other acts that do not pose serious safety threats.
Annette Montano, a mother in Albuquerque, N.M., said her 13-year-old son was arrested last year after burping in gym class. After more problems, she said, she pulled him from the school in November. It took her three months to get him placed elsewhere.
Associated Press writer Jeri Clausing in Albuquerque, N.M., contributed to this story.
With Boston Bruins goalie Tim Thomas back in the nation's capital, Washington Capitals fans weren't going to let him forget his skipped trip to the White House.
Photo by Nick Wass / Associated PressBoston Bruins goalie Tim Thomas skates during warm-ups as fans hold signs before Game 3 of a National Hockey Leage Stanley Cup first-round playoff series between the Bruins and the Washington Capitals, Monday in Washington. Click on the link, above left, for a report from the New York Daily News about the incident.
DiRico has been charged with attempted murder; he pleaded not guilty in Chicopee District Court.
CHICOPEE – A judge revoked bail Tuesday for golf professional Jay T. DiRico pending a dangerousness hearing set for Friday in District Court.
Judge Mark Mason issued the ruling in Chicopee District Court after hearing sharply conflicting accounts of a violent encounter on Sunday afternoon between DiRico and Chicopee Police Officer Jeffrey Couture.
DiRico has been charged with attempted murder. He pleaded not guilty Tuesday.
Assistant District Attorney Cary Szafranski said DiRico pinned the officer to the floor, repeatedly punching him and placing him in a choke hold. The officer needed stitches and a tetanus shot at Baystate Medical Center.
Couture was responding to a domestic violence call, according to a police report.
Warren's campaign didn't say what state tax option the candidate chose but rather said they would release the consumer advocate's two previous tax returns if Brown's campaign also agreed to release them.
View full sizeRepublican U.S. Sen. Scott Brown and Democratic rival Elizabeth Warren. (AP photos)
While millions of Americans scramble to get their taxes filed ahead of the Tax Day deadline, the issue of taxes remains in the spotlight of the U.S. Senate race in Massachusetts.
The Paying a Fair Share Act of 2012, introduced by Sen. Sheldon Whitehouse, D-R.I., is derived from a statement by billionaire Warren Buffett, who suggested that he shouldn't be taxed at a lower rate than his secretary.
The bill would rewrite the tax code to require Americans earning $1 million or more annually to pay a significantly higher portion of individual taxes with the money slated to go toward paying down the national deficit.
President Barack Obama, a staunch advocate of the bill, released his 2011 tax return last week showing he earned nearly $790,000 last year and paid an effective tax rate of almost 21 percent.
Former Massachusetts Gov. and GOP Presidential hopeful Mitt Romney, earned approximately $21 million in 2011 and paid a tax rate of 15 percent.
Following Brown's vote, his chief Democratic rival, Elizabeth Warren, took aim.
"My Republican opponent agrees with Mitt Romney that it's okay for millionaires and billionaires to pay a lower tax rate than everyone else," Warren said in a statement. "I think that's wrong. We should level the playing field, to change the rules so millionaires don't pay a lower tax rate than everyone else, and we should use that money to honor our promises to our parents to make the right investments so that more kids have a chance to get ahead."
The Massachusetts Democratic Party also decried Brown's decision to side with Republicans on the issue, saying it was a vote against the people of the Bay State.
“In supporting special tax breaks for millionaires and billionaires, Scott Brown once again voted against the interests of working families in Massachusetts who are already having a hard enough time making ends meet," Mass. Democratic Party Chair John Walsh said in a statement. "Republican Scott Brown would rather help millionaires and billionaires avoid paying their fair share in taxes than help grow our economy, create jobs, and strengthen the middle class."
In a campaign email to supporters, Warren's campaign manager Mindy Myers said that it is another example of Brown playing partisan politics when a big vote comes up.
Brown defended his vote, calling the bill's timing a "political stunt" which doesn't "create a single new job, or cut the national debt," a sentiment shared by many of the Republicans who voted against the Paying a Fair Share Act of 2012.
View full sizeIn Massachusetts, the standard income tax rate is 5.3 percent but residents can voluntarily choose to pay 5.85 percent.
Brown's campaign also took aim at Warren, a Harvard Law professor with investments and equity worth millions, after she refused to say whether she paid the optional 5.85 percent on her Massachusetts State taxes when asked in regards to a Boston Globe article.
In Massachusetts, the standard income tax rate is 5.3 percent but residents can opt to pay 5.85 percent, which Brown's campaign said almost 2,000 people did in 2008.
"While Professor Warren lectures others about their responsibility to pay higher taxes, voters deserve to know if the self-proclaimed intellectual founder of the Occupy protest movement has lived up to the standards she would impose on everyone else, or if she is just another elitist hypocrite," said Brown's campaign manager Jim Barnett in a statement.
In response, Warren's campaign still didn't say what state tax option the candidate chose but rather said they would release the consumer advocate's two previous tax returns if Brown's campaign also agreed to release them.
"It is a separate issue but we are seriously considering it," said Colin Reed, a spokesperson for Brown's Senate campaign.
Brown's camp has said that the incumbent paid the standard state tax rate, but he isn't the one calling for "increased taxes."
The "Buffett Rule" has rallied Democrats in a call that Republicans are supporting tax breaks for the wealthy and as a counter, the GOP charges that Democrats are using the issue to distract from the economy and job creation.
The back of the house at 585 Springfield St. was gutted and the fire spread to the attic.
AGAWAM — A 2½-story house at 585 Springfield St. sustained heavy damage in a fire Tuesday afternoon.
The fire is out, but not before the back of the house was gutted and the fire spread to the attic. The heat from the fire so intense that it melted the vinyl siding on a garage about 20 yards away from the house as well as siding on the adjacent house at 577 Springfield St.
The fire was reported at about 2:30 p.m. Springfield Street was closed in both directions.
Agawam fire officials were not yet available to provide more details.
This is a developing story; more details will be added as our reporting continues
It is the 2nd time Arillotta has taken the witness stand dressed in prison drabs against his former mob confidantes.
NEW YORK — Following opening arguments in what is expected to be a three-week mob murder trial, the first day of testimony opened quietly but wrapped up with a bang – and the government's star witness, turncoat Mafia soldier Anthony J. Arillotta.
Anthony J. Arillotta
Arillotta, 44, once a breakout star on the organized crime front in Greater Springfield, began testifying Tuesday in U.S. District Court against defendant Emilio Fusco, a Longmeadow man Arillotta told jurors conspired with him in murder, extortion, drug sales and other ventures.
It is the second time Arillotta has taken the witness stand dressed in prison drabs against his former mob confidantes. Two of his most favored enforcers, Fotios and Ty Geas, of West Springfield, and onetime Genovese crime family acting boss, Arthur Nigro, of Bronx, N.Y., were convicted of murder and other charges in the same courtroom last year.
All were arrested in connection with the 2003 contract hit of Springfield crime boss Adolfo "Big Al" Bruno, allegedly spearheaded by Arillotta and Fusco, Arillotta has testified, and carried out by the Geases' "crash dummy" prison buddy. Nigro gave the green-light for the killing, witnesses said in the previous trial, having already soured on Bruno over a cigarette exporting deal.
Arillotta on Tuesday told jurors he and Fusco were allies and rivals intermittently through the 1990s and beyond after Fusco emigrated to Western Massachusetts from Italy. He also testified Fusco was open about showing the mark of being a "made member" of the Genovese crime family to a group of friends in the mid-1990s.
"One day we were over his house and he lifted his hand up and showed us his hand and it was blackish and burned," Arillotta said, referring to the traditional paper-burning phase during secret Mafia induction ceremonies.
The ceremonies are not so secret anymore since Arillotta and a growing legion of ranking organized crime members have begun taking witness stands in mob trials across the country to duck life sentences for murder.
During opening statements, Fusco's defense lawyer, Richard B. Lind, dismissed Arillotta's perspective as that of a desperate man looking to cut his own prison sentence exponentially.
"He is a killer; he is a conniver; he is a cheat. He lies to virtually everyone," Lind told jurors in the Manhattan courtroom.
DiRico’s lawyer said the patrolman punched and pepper sprayed his client after being dispatched to help DiRico’s former girlfriend retrieve possessions from his home.
CHICOPEE — A judge revoked bail Tuesday for former golf professional and state court officer Jay T. DiRico amid clashing accounts of his Sunday afternoon skirmish with a patrolman on his kitchen floor.
Judge Mark D. Mason ordered the 40-year-old defendant held without bail until a dangerousness hearing Friday after a prosecutor described how officer Jeffrey Couture was jumped, pummeled and choked during a routine call at DiRico’s Murphy Lane home.
“He feared for his life,” Assistant District Attorney Cary Szafranski told the court. Later, DiRico told the officer: “I know ju jit su, I could have killed you easy,” the prosecutor said.
But DiRico’s lawyer, Timothy P. Mannion, said the patrolman punched and pepper sprayed his client after being dispatched to help DiRico’s former girlfriend retrieve possessions from his home.
At the police station, he was struck repeatedly while being booked, Mannion said.
To emphasize his point, DiRico pulled up his shirt, displaying a bruised ribcage. “I guessed Mr. DiRico had a wry smile on his face; they decided to wipe that away,” Mannion said.
DiRico denied charges of attempted murder and other charges during his arraignment in District Court. Dressed in a golf shirt and tan pants, the defendant – who retired in 2005 from his state job – appeared stunned as a court officer handcuffed him and led him from the courtroom.
He had posted $2,500 for his release on Monday.
Couture’s arrest report, made public Tuesday offers, a graphic account of what happened in DiRico’s kitchen Sunday afternoon. As the woman was preparing to leave with her possessions, the officer tried to stop DiRico from confronting her and was thrown to the floor.
Pinned to the floor, Couture said he could not move his arms to access his pepper spray, baton – or even his police radio.
“I could not get to my radio to let them know I was being pinned down (by) an enraged assaultive subject and I was at serious disadvantage,” Couture wrote in his incident report.
When Couture rolled in an attempt to gain advantage, DiRico slid behind the officer and put his arms around him in a chokehold. “He said ‘I could (expletive) kill you right now’ as he began to squeeze harder,” Couture wrote in the report.
Repeatedly punched while on the floor, Couture wrote that he was becoming physically exhausted. “Blood was coming out of my mouth, my head and face were throbbing and I was feeling disoriented.”.
“I said to Jay, ‘If you don’t let me go of me now I am going to shoot you.” Couture wrote.
At that point, DiRico got off the officer and headed outside. Couture followed, fearful for the woman’s safety, and sprayed the suspect with pepper spray in the driveway. Couture eventually managed to handcuff DiRico and place him inside the cruiser.
DiRico, a top amateur golfer and former golf club pro in western Massachusetts, apparently is also a mixed martial artist, Deputy Police Chief William R. Jebb said. The sport blends various martial arts techniques and has gained mainstream popularity in recent years.
Couture wrote that he could smell alcohol on the DiRico’s breath but did not feel he was intoxicated.”
The officer, DiRico and the woman then walked into the kitchen where the sight of two empty bottles of Jose Cuervo tequila apparently sparked a verbal argument between DiRico and the woman, according to the report.
“At that point it was as if someone flipped a switch. There is no doubt in my mind Jay was about to attack her,” Couture wrote.
The officer needed 10 stitches and a tetanus shot at Baystate Medical Center, Szafranski said.
Mannion said the officer’s injuries were exaggerated while his clients were omitted from the police report.
Staff writer George Graham contributed to this report.
The Community Spirit testimonial event is the main fund-raiser for the local Red Cross Chapter.
Photo by Ted Laborde / The RepublicanGreater Westfield American Red Cross chapter Director Richard A. Rubin, left, and State Sen. Michael R. Knapik look over auction items for the April 27 Red Cross Community Spirit testimonial at Tekoa Country Club.
WESTFIELD – This city is fortunate to have an American Red Cross chapter and we need to support its mission, state Sen. Michael R. Knapik, R-Westfield, said of his selection for the chapter’s Outstanding Community Spirit Award.
Knapik, who has attended nearly all of the past 19 Community Spirit banquet and fund raiser as a presenter, will be recognized by the chapter and community April 27 at Tekoa Country Club.
“The reality of this event is to help the volunteers who serve our community,” said Knapik. “The list of people recognized for community spirit before me represent some of the most notable members of the community and I am honored to be in their presence,” he said.
Westfield Red Cross executive director Richard A. Rubin said Knapik was selected because of his support of Red Cross, especially the Westfield Chapter and his legislative efforts to help preserve such programs as the Holyoke Soldier’s Home, Western Massachusetts Hospital and Noble Hospital.
“The senator has attended nearly all of our Community Spirit recognition events as a presenter. It is now time to recognize him,” said Rubin.
The testimonial is the largest fund raising event for the local Red Cross Chapter. The goal is to raise at least $40,000 after expenses, Rubin said.
The evening, which begins at 6 p.m., will feature the Westfield High School Jazz Ensemble, former Mayor Richard K. Sullivan Jr. who now serves as head of the state’s Energy and Conservation Department will serve as emcee, and a silent and live auction. Barry “Bo” Sullivan, a director of the Greater Westfield Boys and Girls Club will serve as auctioneer.
Knapik, serving his ninth two-year term as state senator is a former state represent and former Westfield School Committee member. His brother is Mayor Daniel M. Knapik and he and his wife the former Kathleen Ann Duggan, a teacher at Franklin Avenue Elementary School have two children, Katherine Rose, 13, and James Joseph, 12.
Rubin said there are more than 50 auction items including a painting by resident artist Marie Flahive, an HP tablet computer and a decorative wreath. All auction items are donated by Westfield residents and merchants.
Last year’s Community Spirit winner was James C. Hagan, president of Westfield Bank. The Red Cross chapter recognized David A. and Holly E. Amanti, owners of Advance Manufacturing Inc., with the community spirit award in 2010. Retired state Supreme Court Justice John M. Greaney was recognized in 2009.
The report docked Massachusetts for having a "vague and unclear" law regarding the scope of information authorized for public release in child death and near death cases.
By MATT MURPHY
BOSTON — Massachusetts has improved over the past four years, but still received a “mediocre” grade in a new national report assessing the transparency of states in disclosing information about child deaths or near-fatalities.
The report, which was released on Tuesday in Washington by The Children’s Advocacy Institute at the University of San Diego School of Law and First Star, gave Massachusetts a grade of “C” putting the state among the bottom 20 in the country.
Although the state’s score improved from 2008, the report docked the state for having a “vague and unclear” law regarding the scope of information authorized for public release in child death and near death cases, and for closing child abuse and neglect hearings, except those relating to court orders to not resuscitate or withdraw life support for children in state custody.
The report gave Massachusetts a score of 75 out of 100, up from 60 in 2008 when the state was given a grade of “D” by the same organizations. Since then legislature adopted changes to the law in 2008 creating the Office of the Child Advocate, which reviews fatalities and near fatalities of children receiving service from executive agencies and opens some dependency proceedings in limited circumstances.
The leading sponsor of that bill, Rep. Cheryl A. Coakley-Rivera, D-Springfield, said the abuse case of Haleigh Poutre, of Westfield, horrified people and motivated legislators to approve the legislation to protect children in the custody of the state. Poutre, then 11, was hospitalized on Sept. 11, 2005, in a comatose state with a severe brain injury. In 2008, Poutre’s step-father, Jason D. Strickland, was sentenced to 12 to 15 years in state prison, after a jury convicted him of charges in the child abuse case including assault and battery on a child with serious bodily injury. The girl began improving in 2006, and was moved to a rehabilitation hospital in Boston.
The state received full credit both for having a policy regarding disclosure, and for having it codified in law, as well as for making in mandatory for the fatality review team to provide the public with annual written reports.
“The death of an abused or neglected child is not only an unspeakable tragedy, it is also a red flag that something has gone terribly wrong with the child welfare system responsible for that child,” said Robert Fellmeth, the executive director of CAI, in a statement. “Yet, too often these cases are shrouded in secrecy and, as a result, literally fatal flaws in state systems go undetected and opportunities to fix them are missed.”
According to the last report filed in 2011 by the Office of the Child Advocate, there were 24 reports of fatalities of child and youth involved with Massachusetts executive office agencies, and 17 reports of near death. Among the causes of the deaths were car crashes, homicides, medical conditions and sudden infant death syndrome, including the deaths of four boys, aged six weeks to two years, who died from “abusive head trauma and other traumatic injuries while in the care of their families.”
Despite many states making progress to address the issue of public disclosure of fatal child abuse since 2008, the report’s authors suggest that much more needs to be done to stem child abuse-related fatalities and near fatalities, estimated to be at least 1,700 a year.
The report describes a “culture of secrecy” in many states that prevents valuable information from being made public that could prevent future tragedies. Though states are required under the federal Child Abuse Prevention and Treatment Act to publicly disclose information on child deaths or near deaths, advocates called the law “vague” and said it gives states “too much wiggle room.”
At a Tuesday press conference, the advocates planned to call on Congress to pass the Protect Our Kids Act, which would establish a commission to study state, federal and private child welfare systems and recommendations for a national strategy to prevent child abuse, reduce abuse and neglect fatalities, and develop a national standard for reporting child abuse fatalities.
The bill has been sponsored in the U.S. Senate by Sen. John Kerry, D-Mass., and Sen. Susan Collins, R-Maine.
Maine was one of the states to make significant progress since the publication of the first report in 2008, joining a list of six other states that went from receiving D’s and F’s to A’s and B’s. New Hampshire also received an A or A-, according to summary of the report that did not include state-by-state scores.
Massachusetts joined the 20 states receiving “mediocre to poor” grades of C+ or lower, including California, Texas, New York and New Jersey, which are all among the most populous.
Arizona, Indiana, Nevada and Pennsylvania received perfect scores, while Montana received the only “F” and Colorado, Delaware and New Mexico received “D”s.
Under the new system, patients can still sue for medical errors, but litigation would be a last resort.
The Republican file photo | Mark M. MurrayBaystate Medical Center in Springfield
SPRINGFIELD — Three area hospitals, including Baystate Medical Center, will participate in a pilot program designed to change how malpractice cases are handled statewide.
Championed by the Massachusetts Medical Society and other major health care organizations, the initiative is designed to improve patient safety and reduce litigation by allowing medical practitioners to disclose mistakes to patients and offer an apology and compensation when necessary.
Seven hospitals, including Baystate, Franklin Medical Center in Greenfield and Mary Lane in Palmer, are using the new system or will introduce it later this year, according to the state medical society.
“The current approach to medical liability is onerous for both patients and physicians,” said Alan Woodward, chairman of the group’s committee on professional liability.
“We can make medical liability much better for both patients and physicians and stop driving up unnecessary costs,” Woodward said.
Under the new program, patients can still sue for medical errors, but litigation would be a last resort.
The state medical society and Beth Israel Deaconess Medical Center are the principal sponsors of the program, along with Baystate Health, the largest health provider in Western Massachusetts, the Massachusetts Coalition for the Prevention of Medical Errors, Massachusetts Hospital Association and Medically Induced Trauma Support Services, a group that helps victims, families and practitioners involved in so-called adverse medical outcomes.
Jane S. Albert, spokeswoman for Baystate Health, said the basic principals of the new initiative, including a disclose and apologize policy, were enacted several years ago at Baystate, Franklin Medical Center and Mary Lane Hospital.
“For us, this what our doctors and medical professionals do,” said Albert.
The seven hospitals participating in the program were chosen for a sampling of health care approaches and malpractice insurance plans, according to the state medical society. As part of the program, malpractice cases will be tracked and analyzed for improvements in patient safety and reduction in liability costs, the medical society said.
According to the plan, the process would begin with the disclosure of an unexpected medical outcome by a hospital, medical professional or insurer. Following an investigation, the patient would be offered an apology and financial compensation where appropriate.
"We have a mandate to do this in a certain way and do it right," Crosby said.
File photo by Bizuayehu Tesfaye / Associated PressMassachusetts Gaming Commission chairman Stephen Crosby, seen last year at the time of his appointment, said Tuesday he doubts his panel will change its timetable in response to concerns about Springfield's fiscal challenges.
BOSTON - The leader of the Massachusetts Gaming Commission said he doubted the commission could shorten its timetable for developing casino resorts in response to a fiscal crisis in Springfield.
Stephen P. Crosby, chairman of the commission, said he was sympathetic to the mayor's impatience about the timetable, but he didn't think the panel could speed up its estimate that casino resorts could open in three to five years. Under its estimated schedule, the commission may not award bids for casino resorts until 2014 at the earliest, according to its web site.
"We have a mandate to do this in a certain way and do it right," Crosby said in response to a question from a reporter after a formal meeting of the commission in Boston. "That's what we're going to do."
In a recent meeting with the editorial board of The Republican, Springfield Mayor Domenic J. Sarno said he is hopeful a casino could open sooner than three to five years given the city's great need for revenues and jobs.
"It's not happening in a quick enough pace for me," said Sarno, who in general supports a casino for the city. "But time could be our ally because I am going to fight tooth and nail for this casino."
The city of Springfield, struggling with declining revenues, would gain "millions and millions of dollars" in new revenues from a casino resort including property taxes, taxes on equipment and a host fee, Sarno said.
Crosby said the commission does not want to rush and make a possible error.
"It feels like it's going to be a long time, but this is a really complicated process. Pennsylvania got in trouble because they were under tremendous pressure to get the money rolling and that's simply not something that is a constructive reason, or appropriate reason to move on this," Crosby said at one point.
The state's gaming law allows up to three casino resorts in different geographic zones including one for anywhere in Western Massachusetts. The law, approved in November, also authorizes a single slot facility for anywhere in the state.
Currently, Ameristar Casinos of Las Vegas is the only company planning to seek a license for a Springfield casino. The company paid $16 million for 41 acres off Page Boulevard in Springfield.
At this time, Ameristar's competitor for the Western Massachusetts license is the Mohegan Sun of Connecticut, which is planning a casino resort on 152 acres off Exit 8 of the Massachusetts Turnpike. MGM Resorts of Las Vegas dropped a plan for a casino in Brimfield but said it is looking elsewhere in Western Massachusetts.
The commission held only its second meeting on Tuesday.
Crosby said the commission is also planning to better respond to city and town leaders who are seeking answers to questions about potential casinos in their communities.
Crosby said in some instances smaller towns are overwhelmed and may need organizational and financial support to help assess the prospect of a casino.
Commissioner James F. McHugh, a retired Massachusetts Appeals Court judge, was named to take questions from municipal officials.
Commissioners said they may arrange to direct inquiries to gaming consultants or to organizations such as the Massachusetts Municipal Association or the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts at Boston.
Commissioners announced they will hold a daylong educational forum for themselves and the public on "best practices" in gaming administration, regulation and enforcement. The event, including regulators from New Jersey and Pennsylvania, is scheduled for 9 a.m. to 3:30 p.m. on May 3 at the Boston Convention and Exhibition Center.
Commission members said they're also hoping to get better information on potential jobs numbers and revenue from casinos.
"What do we need to know?" Crosby asked, summing up the possible need for more economic analysis. "Do we know it?"
Bruce Stebbins, a member of the commission and former business development administrator for the city of Springfield, was named as the commission's point man on economic issues.
Crosby and Stebbins said they were planning a forum on economic issues, maybe in June. The forum would include topics such as likely tax revenues that could be expected from a casino, the type of jobs and capital investment.
The commission may also ask state lawmakers to push back a key deadline by as much of a year, saying taking over the duties of the state Racing Commission will make it harder to get new casinos up and running.
Crosby said the panel will meet the May 20 deadline if needed, but said delaying the takeover makes more sense.
Staff writer Peter Goonan contributed to this report. Material from the Associated Press and the Statehouse News Service was also used.
Susan Rutherford, executive director of the Quaboag Valley Community Development Corp., said she expects that they will work with at least 10 businesses through the grant.
WARE — The Quaboag Valley Community Development Corp. has been awarded $150,000 from the Massachusetts Broadband Institute to provide technical assistance and support for small businesses and non-profit organizations.
The funding, which totaled $600,000 and was distributed to four community development corporations, was supported by the American Recovery and Reinvestment Act.
Susan S. Rutherford, executive director of the Quaboag Valley Community Development Corp., said she expects that they will work with at least 10 businesses through the grant.
"We're happy because we know it's needed," Rutherford said about the grant.
Of the $150,000 each community development corporation will receive, the organizations will use $60,000 to provide technical training and support to small businesses and non-profit organizations in their service area for two years, and $90,000 to help small businesses purchase computers, software, broadband access and implement long-term strategic and sustainability planning.
As part of the grant, each small business that participates must provide 25 percent in matching funds.
Rutherford said they already surveyed business owners to see if they would be interested in this kind of help, and the response was positive. They were asked about their website use, how the website could be improved and technology needs.
She said they also will provide training on specific software programs.The idea is that the grant help will allow business owners to increase their business, hire more people and provide broader outreach to customers, she said.
She expects that no more than $25,000 will be used for any one business, but is not sure they will even go that high. Grant awards will likely range from $3,000 to $15,000, she said.
In addition to the Quaboag Valley, communities in southern Worcester County, such as Sturbridge, Southbridge and Charlton, were included in the application, meaning businesses in those towns can also apply for grants. Information about the grants can be found on the Quaboag Valley Community Development Corp.'s website, www.qvcdc.com.
The other community development corporations that received grants are Community Economic Development Center of Southeastern Massachusetts, Dorchester Bay Community Development Corporation and Pittsfield Economic Revitalization Corporation.
"Providing connectivity to small businesses is vital to our economic recovery," Gov. Deval Patrick said in a statement. "We are working hard with the Obama Administration and our Congressional partners to connect businesses with broadband and other critical technologies to position Massachusetts for future growth and prosperity."
Hours could be increased if the center can generate more revenue.
AMHERST – The University of Massachusetts Health Services will keep its pharmacy open and retain more onsite laboratory tests following the recommendation of a committee charged with looking at proposed changes to service.
The university announced Chancellor Robert Holub had accepted the committee's recommendations in a press release issued on Tuesday.
The reduction in hours will remain, however, according to the release.
“UHS should continue to pursue additional revenue generation and cost savings and, to the extent those are successful, consider increasing weekend hours,” the release stated.
In November, Health Services officials announced a number of service cuts aimed at reducing the budget by $1 million. The cuts targeted reducing the work force by 21.5 full-time equivalent positions, or about 10 percent of the current 219 full-time equivalent health services work force.
That meant shutting the pharmacy and reducing onsite laboratory tests.
Many were upset by the changes, so in December Holub appointed an 18-member committee to study the proposals.
The committee’s charge was to identify cost savings to allow health services to develop a financial plan to build a new health services facility.
UMass spokesman Edward F. Blaguszewski said four pharmacy positions will be saved and laboratory details are still being worked out.
Some tests will still be sent to off-site laboratories.
“(Health Services) should identify sufficient laboratory services that could be sent to outside reference labs to reduce the annual laboratory budget by at least $100,000,” the committee recommended, according to the press statement.
As of next month, Health Services will be closed on weekends during the summer and intercession. Health Services reduced its hours this past semester, closing at 8 p.m. for walk-in care during the week instead of midnight. It had been open seven days a week until midnight.
SJC Associate Justice Margot Botsford
