The council is also scheduled to take a final vote on a resolution to amend the U.S. Constitution so as to negate a Supreme Court ruling that corporations have the same First Amendment rights as individuals.

David Narkewicz

NORTHAMPTON – The City Council is scheduled to get its first look at Mayor David J. Narkewicz’ fiscal 2013 budget at its meeting on Thursday night.

Narkewicz was elected to his first term as mayor last November and this is the first budget he has put together. He has not yet released any of the details, including the total cost, in part because the state has not given cities and towns its final word on how much aid it will provide.

The council will have a month to discuss the budget before taking a final vote next month. By law, the budget must be in place by July 1, the beginning of the new fiscal year.

In the beginning of the process, Narkewicz asked each department to submit a level-service budget that would continue the services they provide without any additional revenues. Because some costs, such as utilities and contract raises, are not within the control of departments, cuts must be made to preserve the level of services. Narkewicz has said there is a possibility some funding might be added to some departments.

Also on Thursday, the council will take a final vote on a resolution to amend the U.S. Constitution so as to negate a Supreme Court ruling that corporations have the same First Amendment rights as individuals. The resolution states that corporations are not people and that the ruling gives businesses too much power to influence elections financially. The resolution passed unanimously on first reading.

Nixon sentenced to 2 1/2 years in women's correctional center.

File photo by Mark M. Murray / The RepublicanCherily Nixon is seen at her June 2010 arraignment.

SPRINGFIELD – A 22-year-old Springfield woman has been sentenced to 2½ years in jail for her role in taking Anthony E. Jessup 950 miles to Emporia, Va., after Jonathan Santiago was fatally shot.

Cherily Nixon pleaded guilty April 27 to accessory after the fact to murder.

She was sentenced by Hampden Superior Court Judge John A. Agostini to 2½ years in the Western Massachusetts Women’s Correctional Center in Chicopee.

Jessup, 22, of Springfield, was found guilty in March of first degree murder for the shooting of Santiago, 21, of Lawton Street as he sat in his car at the intersection of State and Austin Streets May 30, 2010.

Nixon has 236 days credit for time served awaiting trial.

Jessup was pulled over by police for speeding, but was taken into custody when Virginia police ran his name through the computer and found he was wanted for murder in Springfield, police said at the time.

At a little less than 160,000 square feet, the new building will be about 6,000 square feet smaller than the present high school.

GREENFIELD – Residents voted overwhelmingly Tuesday to borrow money for a new $66 million high school.

The 2,392-557 vote means the town will borrow $24 million for its share of the project, the rest of which is being financed by the state. The local money will come in the form of a debt exclusion, which differs from a straight override of Proposition 2 ½ in that the money will stop being deducted from the tax base once the project is paid for. Straight overrides permanently raise the tax base.

In March, the Town Council voted in favor of the borrowing but put the matter before the voters for final approval. The project calls for the existing high school to be razed except for the auditorium. The new building will be constructed around that.

At a little less than 160,000 square feet, the new building will be about 6,000 square feet smaller than the present high school. It is designed to accommodate 585 students. There are 477 students at the Lennox Avenue school at present.

The new school will also include an all-weather track and turf field, a renovated 1,000 seat auditorium, 20 classrooms, five science labs, computer labs and art studios. Officials hope to break ground next spring and complete the project by 2015.

As Warren rolled out a TV ad featuring President Obama, Brown spoke about his own visits to the White House and touted the bipartisan bills he sponsored.

Shira SchoenbergU.S. Senator Scott Brown delivers a speech on bipartisanship at Bunker Hill Community College on May 2, 2012.

Republican Massachusetts Senator Scott Brown Wednesday tried to claim the mantle of independence and bipartisanship, as he faces a tough reelection campaign against Democrat Elizabeth Warren in a heavily Democratic state.

As Warren rolled out a TV ad featuring President Obama, Brown spoke about his own visits to the White House for signing ceremonies on bipartisan bills he sponsored. In a speech to nearly 200 people at Bunker Hill Community College in Boston, Brown portrayed himself as being above the partisan gridlock in Washington.

"I have found that if you start from that basic premise - that everyone is trying to get to the same place, and that we are Americans first, not Democrats or Republicans or independents, it makes it a lot easier to break through the gridlock and actually get things done," Brown said.

Bipartisanship is likely to be a key theme of Brown's campaign, in a state where President Obama's approval ratings remain high, and there are more than three times as many registered Democrats as Republicans.

"It's simple math," said Jeffrey Berry, professor of American Politics at Tufts University. "Brown cannot win reelection unless he gains significant portion of the Democratic vote."

But progressives are working to counter that image. Mathew Helman, spokesman for the liberal grassroots organization ProgressMass said Brown's message of bipartisanship "runs directly counter to past rhetoric and record." For example, Helman cited a fundraising email where Brown referred to Warren as a "far-left ideologue."

The Massachusetts Democratic Party pointed to a report in the Boston Globe that Brown used a joint fundraising committee with the National Republican Senatorial Committee to raise $1.2 million in donations from the financial industry.

In his speech Wednesday, Brown stressed his difficult background – growing up with divorced parents, moving frequently, experiencing sexual abuse, and getting arrested as a juvenile for shoplifting.

"I learned not to make snap judgments about people, especially harsh judgments," Brown said. "I try not to divide people up into easy categories - assuming the best because they agree with me, or the worst because they don't."

Brown expressed frustration with the Senate's inability to pass a budget, while touting his own successes in getting bills passed across party lines – for example, the STOCK Act, a bill Brown introduced and Obama signed into law prohibiting insider trading by members of Congress.

"I didn't run for this office - setting out as the longest of long shots, putting I don't know how many miles on my truck ... all so that I could take orders from (Democratic Senate Majority Leader) Harry Reid or (Republican Senate Minority Leader) Mitch McConnell or anyone else," Brown said. "I work for you."

Brown compared himself to his predecessor, the late Massachusetts Senator Edward Kennedy, saying he will work together with "any person of goodwill," regardless of party.

 "Whether it was in voting to limit nuclear weapons via the START Treaty, passing trade agreements to support manufacturing jobs, or ending the unfair discrimination of Don't Ask, Don't Tell - we have always shown what we can do when we actually work together in a truly bipartisan, bicameral matter," Brown said.

A Congressional Quarterly study found that Brown voted with his party just 54 percent of the time in 2011 in cases when Democrats and Republicans took opposing positions, making him the second most bipartisan senator. According to a Washington Post database of all votes, Brown votes with his party 70 percent of the time – still one of the lowest rates among senators.

Meanwhile, Warren reminded voters of her party affiliation with a TV ad featuring the Democratic president. Over a shot of Warren and Obama walking together, Obama calls Warren "a janitor's daughter who has become one of the country's fiercest advocates for the middle class" and praises Warren for her work creating the Consumer Financial Protection Bureau, an agency that focuses on consumer protection in the financial industry.

Brown also mentioned Obama in a new radio ad entitled "Americans First," which focused on a bill he sponsored, the "Hire a Hero Act," giving tax credits to businesses that hire veterans. "Standing with President Obama on the day he signed it into law was another one of those great experiences," Brown says.

Asked by reporters in Boston about Obama's support for Warren, Brown said it is no surprise. "He's a Democrat. He's going to support every Democrat including Professor Warren," Brown said. "But when I can work with him and as I have done, I'm going to do so. When I disagree with him, I'm going to do it respectfully."

Max Kohistani, a Bunker Hill Community College student and a Democrat, said he plans to support Brown, despite his party affiliation, because Kohistani is tired of politicians who only work with others in their own party. "Brown wouldn't do that," he said.

Student Elicia Harper said she respects Brown's willingness to cross party lines, particularly on his support for freezing the interest rate on student loans. But Harper, a Democrat, said she will vote for Warren. "I like the grassroots campaign she's started," Harper said.

Warren, who is in a heated campaign against U.S. Sen. Scott Brown, R-Mass., said on Wednesday that her ancestry is a point of pride and had nothing to do with her being hired by in various positions over the years.

View full sizeDemocratic candidate for the U.S. Senate Elizabeth Warren faces reporters during a news conference at Liberty Bay Credit Union headquarters, in Braintree, Mass., Wednesday, May 2, 2012. Warren responded to questions from reporters on her Native American heritage. (AP Photo/Steven Senne)

Democratic U.S. Senate hopeful Elizabeth Warren is defending her Native American ancestry, which came under fire recently after a report revealed that Harvard Law School previously boasted her heritage as an example of diversity in staffing.

Warren, who a genealogist found to be 1/32nd American Indian earlier this week, is in a heated campaign against U.S. Sen. Scott Brown, R-Mass., who has suggested she used her heritage to get ahead in the professional world.

Warren continued to rebuke such claims at a campaign stop in Braintree on Wednesday, saying that her ancestry is a point of pride and had nothing to do with her being hired by in various positions over the years.

"I am very proud of my heritage. I am very proud of the stories my parents told me... Being Native American is part of who our family is," Warren said is Braintree as documented in a Boston Herald video. "I've been hired in different jobs because I work hard, because I'm a good teacher. They recruited me based on my abilities, based on my hard work, based on what I've done as a teacher. I think they've been pretty clear about that. The only one who is raising any question about whether I was qualified for my job is Scott Brown."

For almost a decade in the 1980s and 90s, Warren's Native American ancestry was mentioned in a directory of law professors compiled by the Association of American Law Schools.

The professor who recruited Warren to Harvard, Charles Fried, told the Associated Press that Warren was hired for her qualifications, not any part of her ancestry.

"That's totally stupid, ignorant, uninformed and simply wrong," Fried, also a Harvard Law School professor, told the AP on Monday. "I presented her case to the faculty. I did not mention her Native American connection because I did not know about it."

Warren's campaign has yet to produce any documentation of her Native American ties, although they say they are looking.

Brown's campaign has questioned the validity of her ancestry claims and why it never came up as she discussed her upbringing in Oklahoma.

Following a speech at Bunker Hill Community College on Wednesday, Brown said he would encourage reporters to continue to ask Warren questions about her Native American ancestry.

“She needs to answer the questions that are still lingering,” Brown said.

The Quebec Unit, established in 1992, has 21 officers assigned to middle and high schools throughout the district, and one sergeant.

File photo | The RepublicanSpringfield Superintendent of Schools Alan Ingram

SPRINGFIELD – School Superintendent Alan J. Ingram Wednesday dismissed a new study detailing high rates of arrests in city schools as misleading and inaccurate.

Ingram said the study by the Massachusetts chapter of American Civil Liberties Union and the Boston-based Citizens for Juvenile Justice mischaracterized the district’s approach to school discipline.

“The report attempts to paint a picture of an overaggressive, unorganized approach to school-based policing in our district and nothing could be further from the truth,” Ingram said in a prepared statement.

“While we are not willing to let the actions of a few disrupt the educational opportunity for others, there is a clear delineation between classroom management and school-based policing and it is fully understood by both school and police officials.”

The study found school arrest rates in Springfield were three times higher than in Boston and five times higher than in Worcester during the 2007-2008 2009-2010 academic years.

The majority of the 461 arrests were for disruptive but non-violent behavior, rather than weapons, drugs or assaults, according to the study, which called for a less aggressive approach to student misconduct.

Ingram said the report falsely asserts that the school-based policing unit, also known as the Quebec Unit, regularly arrests students for such innocuous reasons as displaying a bad attitude. “Arrest is resorted to as a final and last alternative and only for offenses that rise to the criminal level as defined” by state law, Ingram said.

He said having officers assigned to schools does not lead to excessive arrests, as the report suggests, adding that the overall arrest rate has been dropping.

The Quebec Unit, established in 1992, has 21 officers assigned to middle and high schools throughout the district, and one sergeant.

He also said that nearly all of the $1.6 million increase in this year’s school security budget was for the installation of additional security measures such as camera systems, hand-held wands and metal detectors in schools.

Arrested Futures

Jurors delivered a split verdict after a two-week trial and two days of deliberations.

Emilio Fusco

NEW YORK - Emilio Fusco was acquitted of the 2003 murders of organized crime boss Adolfo "Big Al" Bruno and police informant Gary Westerman after a two-week trial in federal court in Manhattan.

Jurors deliberated for two days, convicting Fusco, 43, of racketeering conspiracy, conspiracy to distribute marijuana, conspiracy to commit extortion and interstate travel in aid of racketeering. He conceivably faces a maximum sentence of 45 years but will likely receive a lesser penalty.

The murder acquittals were a major victory for Fusco, of Longmeadow, however, since those carried potential life sentences and he was tried by the power base of the U.S. Justice Dept. in the southern district of New York.

Prosecutors had argued Fusco was a made member of the New York-based Genovese crime family and a key player in a gamut of mob conspiracies including the murders, shakedowns of business owners in the Greater Springfield, Mass. area and widespread marijuana dealing.

Fusco's defense lawyer countered that the government's entire case was built on "rats" looking to curry favor with prosecutors. Clearly, the jury was not entirely convinced by the prosecution's witnesses.

Fusco embraced his lawyer, Richard B. Lind, when the jury delivered its verdict late Wednesday afternoon. After the verdict, his wife, Jenny Santos-Fusco, said she was moved beyond words.

"This is the right thing. He's a good man," she said, her eyes filling with tears.

More details coming on MassLive and in The Republican.

Another need which has not been calculated into the current expenses is the cost of landscape work such as tree stump removal.

The Republican | Mark M. MurraySteven Abdow speaks on behalf of the Springfield Community Together Long Term Recovery Group during a press conference Wednesday at Christ Church Cathedral in Springfield at which the results of their survey were released.

SPRINGFIELD — A needs-assessment survey compiled by the Christian Reformed Worldwide Relief Committee has revealed that there are still more than $1 million in construction, furniture and other costs reported by 96 people who still need assistance.

The committee was requested by Springfield Community Together, the long-term recovery group helping families still in need of assistance after the June 1 tornado.

Springfield Community Together board member Steven Abdow said the volunteers made contact with around 4,000 homes and spoke with 1,000 people.

“Of those people about 800 said they had no unmet needs. There were 96 people who took the survey who still have needs ranging from roof repairs to furniture replacement and therapy,” he said.

The committee used local construction material and labor costs to arrive at the estimate of $934,167 needed in construction repairs.

“We are hoping with volunteer laborers to reduce that amount,” Abdow said.

Abdow said people who did not speak with the volunteers but received the survey are still calling in every day. He hopes the $1 million to $1.5 million gap can be collected through donations, fundraising events and local grants from organizations like United Way and the Pioneer Valley Planning Commission.

“I think it will be challenging, but doable,” he said.

Abdow said the group is also looking for funds to keep the staff on for another six months. The cost is about $110,000.

“We can keep going for a another two months or so, after that we will need new funding sources. We currently have some grant applications out and are hoping to be able to fund the staff we have because there is still a need,” he said.

Although the survey allows the recovery group to better understand what the needs are in the city, caseworkers are still talking phone calls ever day.

Dwight Parker, a caseworker for long-term recovery, said his group is currently working with families on a 1 to 5 scale, with 5 being people who are still in temporary housing.

“It’s touching sometimes, because there are still people who are living with family or paying for an apartment while still having to pay for their mortgage on a house that was destroyed and they can’t live in,” he said. “We are doing the best we can to help people with those needs.”

Daniel Holden is the recovery group’s project manager for construction. He said another need which has not been calculated into the current expenses is the cost of landscaping.

“We still have a lot of private property that needs large tree stumps removed as well as other landscaping needs that can be very expensive,” he said. “We’re hoping to work with the city and local landscapers who might be able to help remover the debris at a lowered cost.”

The recovery group is also working with local organizations in planning a fundraising event and a commemorative event honoring the tornado victims.

Kathryn Buckley-Brawner , executive director of Catholic Charities, said the Interfaith Council and the Council of Churches will hold a gathering in Court Square beginning at 4 p.m. on June 1. At 4:37 p.m. they are asking everyone who has a bell to ring it for one minute to commemorate the date and time that many people's lives changed forever, she said.

There is also an upcoming tornado relief benefit comedy show “Laughter out of Kaos” featuring headliner Steve Marshall and other local comedians.

For more information on Springfield Community Together or to volunteer or donate visit www.springfieldcommunitytogether.com.

File photo | The RepublicanSteven Abdow, speaks on behalf of the Springfield Community Together, Long Term Recovery Group, during a press conference Wednesday at Christ Church Catherdral at which the results of their survey were released.

The School Department is on target to cut 13 teachers next year, Interim School Superintendent Donna Hogan said.

LUDLOW — School Committee members appeared before the Board of Selectmen Tuesday night and said they would not have sufficient funds to pay their share of a school resource officer in next year’s school budget.

Interim School Superintendent Donna Hogan said she has had to cut nearly $600,000 from the School Department budget to stay within the parameters given by the Board of Selectmen. She said the School Department would be cutting 13 teachers next year and would not be able pay for half the school resource officer position.

Selectman William Rooney said he was flabbergasted to hear the news after both the School Committee and the police chief agreed to share the cost of the resource officer position.

“I went before 900 people last week and said we would be funding the position,” Rooney said. “It boggles my mind that this is no longer a top priority. I am extremely disappointed.”

Selectmen Chairman Jason Barroso said he cannot believe that out of a $25 million budget, the School Department cannot find $23,000. He said the Police Department is willing to come up with the funds out of a $3 million budget.

Parents, grandparents, students and educators jammed the Ludlow High School auditorium last week to hear what could be done to combat a growing problem with illegal use of prescription pain killers. Detective Sgt. Thomas Foye said the abuse of prescription pain killers is becoming a suburban epidemic.

Drug addiction leads to an increasing number of house breaks, Foye said. He said that during the month of February there were 15 house breaks in town.

“Ninety nine percent of house breaks are drug related,” Foye said.

Hogan said parents need to take responsibility and not buy alcohol for teens and justify it by saying they will take the teens’ keys.

Rooney said one start to solving the problem would be to restore a school resource officer position at the high school

The $15 million for schools is $671,723 below what the school department requested.

Republican file photoEasthampton Mayor Michael Tautznik

EASTHAMPTON – Mayor Michael A. Tautznik has submitted a $35.2 million budget to the City Council for fiscal 2013, $1.4 million less than city departments requested.

The budget is up $1.2 million over fiscal 2012, or 3.7 percent.

The budget restores two of three hours to non-union employees that were cut four years ago.

There are no cuts in staffing.

The $15 million for schools, however, is $671,723 below what the school department requested. The School Committee has voted to ask the City Council to support a Proposition 2½ property tax override. The amount of that override request has not been determined.

In his executive summary, the mayor wrote, “In keeping with our historic financial practices, the proposed FY2013 budget maintains the posture of maximizing local receipts and increasing local tax revenues to the full extent permitted under state law.” That means a 2.5 percent hike in property taxes, plus the additional 83 cents per $1,000 to begin paying off the new high school under construction.

The mayor is also anticipating a $260,000 increase in new growth.

He said the budget does not include using any money from the city’s free cash or stabilization fund.

While the mayor is expecting a slight increase in state aid, increased charter school tuition costs partially offset the 2.4 increase, he wrote.

He’s also only expecting a slight increase in motor vehicle excise tax revenue and a slight bump on penalties and interest on taxes.

The City Council Finance Subcommittee will hold three hearings next month to review the budget before members make a recommendation to the full council for a vote. A budget must be adopted by July 1, the start of the new fiscal year.

The Springfield Redevelopment Authority sold 7 parcels to the developers to provide for additional parking, a laundry building and management office.

SPRINGFIELD — The City Council granted approval to three zone changes in the South End this week that aids plans for an estimated $75 million housing improvement project.

The zone changes, approved by unanimous vote, will provide for additional parking lots and will allow for construction of a maintenance/laundry building and a management office building, officials said.

Republican File PhotoGordon A. Pulsifer

Gordon A. Pulsifer, president of First Resource Development Co., is planning to completely rehabilitate 22 apartment buildings in the Hollywood section of the South End. Another building is slated for rehabilitation or demolition.

The Springfield Redevelopment Authority is selling a total of seven parcels to three limited partnerships involved in the housing improvement project. The parcels were rezoned by the council for the parking lots and the two support buildings.

Christopher Moskal, executive director of the authority, said the board is “thrilled” to participate in the plans.

“It will be the final piece in what will be a total revitalization of the Hollywood section,” Moskal said.

The historic, four-story apartment buildings are located on Oswego, Saratoga and Montpelier streets, and were built between 1913 and 1927. The project is within the Outing Park Historic District.

All but two of the buildings involve subsidized housing and are expected to remain as subsidized housing, said McCafferty, the city’s director of housing. The project targets a total of 316 apartment units in the neighborhood.

In addition to interior renovations, there will be new roofs, windows, cleaning of masonry, boilers, kitchens, baths, flooring, intercom systems, fire escapes, fire alarm systems and security systems, according to a project summary. There will also be new sidewalks, street lights, landscaping and fencing.

Pulsifer previously redeveloped the Worthington Commons and City View Commons apartment complexes in Springfield. The improvements, including enhanced security, has had a great impact on reducing crime in the area, McCafferty said.

In the new development in the South End, seven buildings will be owned by Concord Heights Limited Partnership, and 16 buildings will be owned by Outing Park Apartments I and II, both limited partnerships. The investment of $75 million includes $17 million in historic tax funds, according to city officials.

There are transformation efforts in the South End, intended to attract new market rate housing, demolition and substantial rehabilitation of existing housing stock, and construction of a new community center and a new early childhood education center, officials said.

File photo | The Republican

5 councilors signed the statement, 2 did not sign and 2 were absent.

Donald Cykowski

EASTHAMPTON – If anyone wants Easthampton City Councilor Donald L. Cykowski removed from office, it will be up to voters to do it through a recall petition, not the council, nor Cykowski himself, who reiterated that he will not resign.

That, at least, is the gist of the message that Easthampton residents received Wednesday night following a private meeting of the City Council.

The council met in executive session for 20 minutes Wednesday night to talk about Cykowski, and then came out with a six-paragraph statement signed by five members. Two members were absent and two, including Cykowski, did not sign it.

The council held the session following concerns raised in the city over the last several months. Former library Director Rebecca Plimpton had told the Emily Williston library board that Cykowski, a library corporator, harassed her for years before she left the position in 2007. Cykowski has resigned from that board.

As a councilor, Cykowski was criticized in December for an incident at a public meeting in which he said, "Where's a Puerto Rican when we need one?" when a colleague could not open a locked door.

“There is no, nor do we feel there should be, a provision for the Council to remove an elected official," the statement reads. "The voters alone have the right to recall an elected official, and that is through the recall process. The Council believes that any recall effort should be initiated by the voters, and be neither driven nor promoted by the Council."

Councilors stated that the allegation of sexual harassment has not been proven in court and the council has no opinion on that allegation.

Councilors, in the statement, did say that they felt the controversy has had a negative impact on the reputation of the city and the council.

“In light of the documented racial comment made in December 2011, and if the allegations of sexual harassment at the Williston Library are proven true, the undersigned councilors believe councilor Cykowski should consider resignation in the best interest of the City Council and the City of Easthampton.”

Cykowski did not sign the statement and neither did Councilor Chester A. Ogulewicz Jr. Ogulewicz said it’s up to the voters to decide that, not the council.

Council president Justin P. Cobb and Councilor Joy E. Winnie were absent and did not sign the letter.

“They did what they have do,” Cykowski said of the council action.

More than two dozen people attended the council meeting in support of speakers who called for Cykowski to resign.

“Let them talk all they want,” Cykowski said after the council meeting. “I’m not going to resign.”

Some voters, meanwhile, indicated that they will collect signatures for a recall. Under the charter, Cykowski cannot be recalled until six months after the beginning of his term, or July 3.

To recall an at-large elected official, an affidavit signed by at least 400 voters must be filed with the board of registrars stating the name of the elected official and a statement of the grounds for recall.

Then, a recall petition must be signed by 20 percent of the total voters in the last city election and filed within 21 days of the date the petition was issued.

With 11,177 voters on the rolls in November, that means 2,034 must sign the recall petition.

If the recall effort meets that signature threshold, the subject in question has five days to resign. If he or she declines to resign, a special election must be scheduled.

Fusco, 43, of Longmeadow, was convicted, however, of racketeering conspiracy, conspiracy to distribute marijuana, conspiracy to commit extortion, and interstate travel in aid of racketeering.

This is an updated version of a story posted at 6:30 this evening.

Western Massachusetts mob figures mentioned in the Emilio Fusco murder trial in New York include, clockwise from top left, Fusco, Anthony Arilllotta, Adolfo Bruno and Gary Westerman.

NEW YORK - After a two-week trial and two days of jury deliberations in federal court in Manhattan, Emilio Fusco, of Longmeadow, was acquitted of the 2003 Western Massachusetts murders of crime boss Adolfo "Big Al" Bruno and low-level associate Gary Westerman.

Jurors convicted Fusco, 43, of racketeering conspiracy, conspiracy to distribute marijuana, conspiracy to commit extortion, and interstate travel in aid of racketeering. However, the panel cleared him of involvement in the murders, direct participation in a shakedown of Springfield strip club owner James Santaniello, and a a direct role in other extortion schemes prosecution witnesses testified about.

Prosecutors argued Fusco was a made member of the New York-based Genovese crime family who played key roles in murder plots, drug deals, loan-sharking, illegal gaming and other mob-related schemes as he made his way up the ladder in the so-called Springfield Crew of the Genovese family after emigrating there from Italy in the 1990s. Government witnesses including onetime soldier Anthony Arillotta offered testimony against Fusco including that he spearheaded a movement to kill Bruno in 2003 and helped bludgeon Westerman to death the same year.

Jurors were apparently not entirely convinced by Arillotta and other prosecution witnesses who ushered in convictions for three other defendants on parallel charges in the same courtroom last year. Former Arillotta henchmen Fotios "Freddy" Geas and his brother Ty Geas, of West Springfield, were convicted of the Bruno and Westerman murders and an array of other crimes along with onetime acting Genovese boss Arthur "Artie" Nigro, of Bronx, NY, and are serving life sentences.

In that case, the government successfully convinced jurors that a power shift in the Springfield mob sparked a spike in violence, more aggressive shakedowns of business owners and culminated in public shoot-outs and the Bruno and Westerman murders. The investigations into the slayings had stagnated somewhat until Arillotta was arrested in connection with the case and led investigators to Westerman's remains in a wooded lot in Agawam, Mass nearly seven years after Westerman was was killed.

Arilotta testified that he, the Geases and Fusco conspired to kill Bruno and that Fusco helped bury Westerman's remains after the men killed him.

Fusco was tried separately because he had traveled to Italy when the indictment against him was unsealed in 2010. Prosecutors argued he fled, since he was arrested as a fugitive there in July of that year. Defense lawyer Richard B. Lind countered that Fusco was there on family business and not to avoid prosecution.

Fusco embraced defense lawyer Richard B. Lind as jurors delivered their verdict late on Wednesday. The panel's decision unfolded in painfully slow fashion after it reported to U.S. District Judge P. Kevin Castel at 3:30 that they had reached unanimous verdicts but were deadlocked on a sentencing enhancement question with regard to the Bruno murder. The quirky, partial verdict sent lawyers for the government scrambling to confer with supervisors and Lind to consult defense colleagues. After 90 minutes of wrangling, lawyers agreed to let jurors return a partial verdict and continue to deliberate on the underlying question at 5 p.m.

However, after jurors trudged back to the deliberation room, Castel pressed the government on the sentencing enhancement issue, and prosecutors ultimately decided to figuratively take a knee on the issue and release the jury in the morning.

Fusco's wife, Jenny Santos-Fusco, attended much of the trial with the couple's two sons and was moved to tears after the verdict.

"I don't have the words. This was the right thing. He's a good man," she said.

Lind declined to comment extensively on the case, but said: "I'm thrilled," conceding that acquittals are rare in federal court.

Though Fusco could conceivably still face 45 years in prison by adding up the statutory maximums of his convictions, it is likelier he will get a far lesser sentence. The murder acquittals represented a huge victory for the defendant in context, as he vehemently denied involvement in the schemes from the start and faced life sentences in connection, if convicted.

Jurors are scheduled to return to court Thursday morning, only to be immediately discharged.

The company will be paid up to $250,000 over a 3-year period, with the city seeking 75 percent reimbursement from the federal government.

SPRINGFIELD — The city has hired Resilire Engineering and Consulting of New Orleans under a three-year contract to assist the city with obtaining millions of dollars in disaster aid from state and federal agencies related to last June’s tornado and the October snowstorm.

Resilire will be paid a maximum of $250,000 over the three-year period, under its contract with the city, City Solicitor Edward M. Pikula said. The city will seek 75 percent reimbursement of those costs from the Federal Emergency Management Agency, he said.

Resilire, a firm that specializes in program management and cost recovery, will help the city “effectively and swiftly navigate” through the FEMA reimbursement process, Mayor Domenic J. Sarno said Wednesday in announcing the selection.

“The city of Springfield will continue to fight tooth and nail to ensure that we receive every dime we are entitled to as a result of last year’s two federally declared disasters,” Sarno said. “We have worked tirelessly on the city’s long term recovery and will continue to do so for as long as it takes.”

The city has been applying for disaster aid since the tornado and snowstorm, and can receive 75 percent reimbursement of eligible costs.

Resilire, under the city’s oversight, will identify all tornado-related damages, pursue maximum reimbursements from state and federal agencies, track the reimbursed funds, and provide a thorough database of documentation in preparation for any future audits of federal funding, city officials said.

The firm will coordinate with regional, state and federal agencies to accelerate the city’s reimbursements, officials said.

Resilire has been hired for consulting and management services in connection with disasters elsewhere, including Hurricane Katrina and Hurricane Gustav in New Orleans and Hurricane Ike in Texas, according to its website.

Payments to Resilire will be based on hourly rates that vary depending on the particular job description and related costs, Pikula said. Resilire was chosen through a bid process.

Joshua Norman, president of Resilire, said in a prepared statement that the rebuilding and recovery effort in Springfield “will require an unprecedented level of resources and expertise.” The company is confident it can enable the city to “maximize its available resources to rebuild safely and wisely for the future,” he said.

Casino foes are criticizing the commission for launching Thursday's scheduled public forum with a leader of the commercial gaming industry.

American Gaming Association president Frank J. Fahrenkopf, left, is seen with casino opponent L. Scott Harshbarger.

BOSTON - Members of the Massachusetts Gaming Commission are pledging to include anti-casino activists in a future public event, but will limit critics to the sidelines for its first public forum Thursday in Boston.

A couple of casino foes are criticizing the commission for launching Thursday's scheduled public forum with a leader of the commercial gaming industry.

But at least one other top casino opponent, former attorney general L. Scott Harshbarger, said it is essential for opponents to work with the commission as it develops the state's casino industry.

Frank J. Fahrenkopf, president of the American Gaming Association in Washington, is set to speak about "the state of the gaming industry" during the commission's day-long "Educational Forum on Casino Gaming: Best Practices and Lessons Learned" at the Boston Convention and Exhibition Center. The forum is open to the public.

"It's framed as a public educational forum and they are bringing in America's top lobbyist for the casino industry," said Les Bernal, executive director of Stop Predatory Gambling, who co-authored a letter to the commission with John Ribeiro , of Winthrop, who is working to block a casino proposed for the Suffolk Downs horse track in Boston.

Fahrenkopf's appearance is "the equivalent of inviting the top lobbyist for The Tobacco Institute, once the national lobbying organization for the tobacco companies, and presenting him to the public as a credible source of information about the actual impact of the tobacco industry," the letter said.

Karen Schwartzman, spokeswoman for the commission, defended the invite for Fahrenkopf.

"As the chief executive of the American Gaming Association, Frank Fahrenkopf has an important perspective that the commission needs to hear," Schwartzman said. "It's incumbent upon the commissioners to hear all perspectives as they go about their work."

The forum on Thursday will also include panelists from the Pennsylvania Gaming Control Board and former New Jersey gaming commissioners who will talk about lessons they learned when putting casinos into effect in those states.

Click here to view the agenda for the forum.

The commission was created in the state's casino law, passed by the state Legislature and signed in November by Gov. Deval L. Patrick. The commission is responsible for licensing, overseeing and regulating all expanded gambling in the law, which authorizes a slot facility and up to three casino resorts in different geographic zones, including one for anywhere in Western Massachusetts.

Several casinos are in the works for Western Massachusetts, including one by Ameristar Casinos of Las Vegas for Page Boulevard in Springfield and another by the Mohegan Sun of Connecticut for Palmer.

Stephen P. Crosby, chairman of the commission, said he would like to include in a future forum former attorney general Harshbarger or David D'Alessandro, former CEO of John Hancock Financial Services, who both have pressed for an independent analysis of the costs and benefits of casinos. Crosby said he is also talking to casino opponent Kathleen C. Norbut of Monson about being on a panel at a future event to discuss ways to mitigate the effects of casinos on communities.

"Any legitimate view that we might learn something from – pro, con or in the barrel – we'll be talking to," Crosby said.

In an e-mail, Harshbarger said it's a good thing for opponents to be involved in the gaming commission's process.

"We are aware that we cannot change the legislative vote," Harshbarger wrote in an e-mail to The Republican. "That issue, at least in the short-term, is decided. Rather, our focus will be ensuring that the Commonwealth will be fully prepared for the harm to our economy, our cities and towns that casino culture will bring about. We view our role as helping the commission consider, plan for and mitigate the negative impacts that gambling has upon the general health, welfare and safety of our citizens."

Harshbarger said the commission's work must start with a "truly independent" study of the costs and benefits of casinos.

"It is incumbent on the Commission to consider the good, bad and ugly of casino gambling as it weighs the proposals in Massachusetts," Harshbarger wrote. "I think to date, we have seen Crosby and the Commission to be people of substance who are doing and saying the right things about wanting to do this the right way."

Crosby said the commission will not revisit the long debate about whether casinos should be permitted in Massachusetts.

"We've been clear about that from our very first meeting," Crosby said. "If somebody wants to come in and tell us we shouldn't have casinos, we don't have time for that."

Crosby said he wants to hear from Harshbarger or other people who have debunked prior studies that generally heralded the jobs and revenues from casinos.

Crosby said he will listen to criticism of state-financed studies in 2010 by the Innovation Group of Littleton, Colo. and in 2008 by Spectrum Gaming Group of New Jersey and a study funded by the Greater Boston Chamber of Commerce in 2008.

Crosby said critics have said the studies are unreliable.

"We will want to hear from people who say that," Crosby said. "We don't know if they were good or not."

Daniel Chong, picked up in a drug sweep, was never arrested, never charged and should have been released; he says he had to drink his own urine to stay alive.

File photo | The Republican

By JULIE WATSON

SAN DIEGO — A college student picked up in a drug sweep in California was never arrested, never charged and should have been released. Instead he was forgotten in a holding cell for four days and says he had to drink his own urine to stay alive.

Without food, water or access to a toilet, Daniel Chong began hallucinating on the third day.

He told The Associated Press in an interview Wednesday that he saw little Japanese-style cartoon characters that told him to dig into the walls to find water. Chong tore apart the plastic lining on the walls.

"I ripped the walls and waited for the room to flood for some reason," said the 23-year-old University of California, San Diego, student, three days after he left the hospital where he was treated for dehydration and kidney failure. "I can't explain my hallucinations too well because none of them make sense."

Later he added, "I felt like I was completely losing my mind."

Four days later, agents opened the door on a fluke and found him covered in his own feces, Chong said.

The top Drug Enforcement Administration agent in San Diego apologized Wednesday for Chong's treatment and promised an investigation into how his agents could have forgotten about him.

Chong's lawyer, Eugene Iredale, said he intends to seek damages from the DEA and may file a lawsuit against the government.

"He nearly died," Iredale said. "If he had been there another 12 to 24 hours, he probably would have died."

The incident stands out as one of the worst cases of its kind, said Thomas Beauclair, deputy director of the National Corrections Institute, a federal agency that provides training and technical assistance to corrections agencies.

"That is pretty much unheard of," he said, noting that, in his 40-year career, he has heard of instances where people were forgotten overnight but not for days.

U-T San Diego was the first to report Chong's account.

Chong told the AP that he went to his friend's house April 20 to get high. Every April 20, pot smokers light up in a counterculture ritual held around the country at 4:20 p.m.

Chong slept there that night and, around 10:50 a.m. the next day, agents stormed into the house as Chong said he was rolling a joint at the kitchen table. The raid netted 18,000 ecstasy pills, other drugs and weapons. Nine people, including Chong, were taken into custody, according to the DEA.

Chong was moved from cell to cell for several hours and then questioned. He said agents then told him that he was not a suspect and would be released shortly. He signed some paperwork, was put in handcuffs and sent back to the holding cell, a 5-by-10-foot windowless room. The room is one of five cells at the facility.

The only view in was through a tiny peephole in the door. He said he could hear the muffled voices of agents and a toilet flushing. As the hours dragged into days, he said he kicked and screamed as loud as he could. At one point, he ripped a piece of his jacket off with his teeth and shoved it under the door, hoping someone would spot it and free him.

Chong said he ingested a white powder that he found in the cell. Agents later identified it as methamphetamine. Chong said he ingested it to survive.

The next day, Chong said his hallucinations started. Dr. Wally Ghurabi at UCLA Medical Center in Santa Monica said dehydration could have brought on the altered state of mind along with the methamphetamine. The methamphetamine also could have made that dehydration worse.

People can die from dehydration in as little as three to seven days, depending on body mass and the temperature of the environment. Ghurabi said Chong was wise to drink his own urine to stay hydrated.

Chong said he urinated on the cell's only furniture — a metal bench — to be able to drink the fluid. He stacked a blanket, his pants and shoes on top of the bench to try to climb up and trigger a fire sprinkler on the ceiling, but his repeated attempts failed.

After the days dragged on, Chong said he accepted the fact that he would die. He considered taking his own life rather than withering away by dehydration. He bit into his eyeglasses to break them and then tried to use a shard to scratch "Sorry Mom" into his arm. He stopped after the "S," too weak to continue.

He said he wanted to leave his mother some message and that was the shortest one he could think of to write.

Then the lights went out. Chong sat and scooted along the floor, bound in darkness for the final two days. He said his hallucinations deepened: The blanket transformed into a person, then two people. He could no longer urinate. He said he screamed for agents to have mercy on him and just give him a quick death.

"My breath was getting shorter and shorter," he said. "I felt paralyzed. It was really hard to stand. I started screaming something ridiculous like, 'Remedy! Revive me!' And then that's when the lights turned on and the agents opened the door with very confused looks on their faces. They said, 'Who are you? Where'd you come from?'"

Paramedics took Chong to a hospital, where doctors also treated him for cramps, and a perforated esophagus from swallowing a glass shard. Chong, who weighed 166 pounds before the bust, said he lost 15 pounds during the ordeal.

Chong spent five days at the hospital, including three in intensive care, before leaving Sunday. His roommates told him they had filed a missing persons report. He missed a midterm exam.

"The DEA's answer to this is: 'Oh, we forgot about him. I'm sorry,'" said his lawyer, Iredale.

Chong was not going to be charged with a crime and should have been released, said a law enforcement official who was briefed on the DEA case and spoke on the condition of anonymity because he wasn't authorized to speak about the ongoing investigation.

Chong said he has no criminal record.

The top DEA agent in San Diego, William R. Sherman, said in a news release that he was "deeply troubled" by what happened to Chong. "I extend my deepest apologies (to) the young man," he said.

Sherman, the special agent in-charge in San Diego, said the event is not indicative of the high standards to which he holds his employees. He said he has personally ordered an extensive review of his office's policies and procedures. The agency declined to say what those were.

Chong said no one has contacted him personally to apologize.

Doctors said Chong's wounds should heal, but he said he still breaks down in tears.

"I'm very glad they found me," he said.

Federal lawmakers are demanding a thorough investigation. Sen. Barbara Boxer, D-Calif., sent a letter Wednesday to Attorney General Eric Holder.

"Please provide me with the results and the actions the department will take to make sure those responsible are held accountable and that no one in DEA custody will ever again be forced to endure such treatment," the letter stated.

Associated Press writers Alicia A. Caldwell and Kevin Freking in Washington, and Amy Taxin in Orange County, Calif., contributed to this report.

Elephant keeper Debbie Flinkman said Shanthi is "musically inclined," playing her own songs that always have a big crescendo at the end.

WASHINGTON — An elephant named Shanthi at the Smithsonian's National Zoo plays a harmonica with her trunk and appears to love doing it.

Video released Wednesday by the zoo in Washington shows the 36-year-old Asian elephant has a harmonica attached to her stall and plays tunes even when no humans are within view.

Elephant keeper Debbie Flinkman said Shanthi is "musically inclined," playing her own songs that always have a big crescendo at the end. Shanthi also likes to tap things, flap her ears against objects to make noise and rub her leg up and down shrubs to repeat noises.

"It is very good enrichment, especially for this specific elephant" because she is so interested, Flinkman said. Other elephants may notice the harmonica but are less interested.

Shanthi will play for several minutes at a time, exhaling to play a pattern, then inhaling for a different sound and moving to another end of the harmonica for a different note. Each time, she ends with a big exhale for a loud sound. After New Year's Day, she also played a plastic party horn that Flinkman brought to her for hours, blowing it as loud as she could. "It sounded like she was strangling a goose," Flinkman said.

Handheld harmonicas have been used with the elephants for years, but the zoo only recently added an activity wall where they could permanently mount two harmonicas for Shanthi to use on her own. Flinkman said she doesn't reward Shanthi when she plays on her own. It's something she enjoys.

Sometimes Shanthi will lower her ear to be closer to the sound.

"I try really hard to stay out of her line of sight because I don't want her to cue off of me," Flinkman said of Shanthi's music. "It just really amuses us. And I absolutely love it that it amuses her."

Shanthi was a gift from Sri Lanka in 1976 and is the mother of the zoo's 10-year-old calf Kandula.

Madden, the Republican chairman of the Texas House of Representatives' Corrections Committee, was the featured speaker Wednesday at the annual breakfast of Roca, a non-profit Chelsea group that works to prevent youth crime.

BOSTON - Rep. Jerry Madden, the Republican chairman of the Texas House of Representatives’ Corrections Committee, advised Massachusetts officials Wednesday to have a clearer goal in mind if they hope to reform the state’s corrections system.

In an address to civic leaders at the annual Roca breakfast Wednesday, Madden, who has led his state’s own prison reform efforts, recommended that lawmakers rely more on data and less on emotions when considering criminal justice and correction issues.

Texas Rep. Jerry Madden speech

“You have to have a pretty good idea of well ‘what’s the real goal here?’ And ours was ‘don’t build new prisons’ because they cost too much. I suspect that’s part of the similar goal for Massachusetts that they cost a lot of money and that there would be better utilization of their money,” Madden said.

Patrick administration Public Safety Secretary Mary Beth Heffernan spoke with Madden after his address and later told the News Service the Texas lawmaker laid out some interesting ideas to think about.

“We have the wrong people sometimes in the wrong beds. We need to do something around mandatory minimum drug sentencing reform so that we are able to provide treatment for people that need it and also incarcerate the worst of the worst which is incorporated in our habitual offender reform legislation,” Heffernan said.

Heffernan said she is “following the goings-on of the [habitual offender bill] conference committee” and believes Patrick’s proposal provides both public safety and reforms.

“So we can do both. We can have good public safety but also use our resource dollars in a smarter way that doesn’t compromise public safety and make sure we do the right thing around corrections,” Heffernan said.

Reaction from Mass. legislators

Roca was founded in Chelsea in 1988 to help the most disenfranchised and disconnected youth in and around Boston. The target group consists of inner-city people aged 17 through 24 who are unemployed and are considered unemployable. Once accepted, they receive education and training and, eventually, jobs. They also do community service.

Roca, which means rock in Spanish, seeks to give young people a foundation of skills that they can use to build upon.

In 2008, the agency teamed with the Hampden County Sheriff's Department to open a Springfield-area branch.

The human resources director has said she has not found any documentation going as far back as the 1970s that allows police supervisors nine days pay for every week of vacation.

West Springfield Mayor Gregory Neffinger has asked the city's Public Safety Commission to take up recently retired Police Chief Thomas Burke's request for payment of 11½ weeks of unused vacation time.

WEST SPRINGFIELD – Members of the Public Safety Committee Wednesday asked the city’s human resources director to get documentation of whether there is anything in contracts or selectmen’s meeting minutes allowing police supervisors to get nine days of pay for every week of vacation owed.

Human Resources Director Sandra A. MacFadyen told the committee she has not found any documentation of that going back as far as the 1970s, but committee members directed her to get that in writing from the Town Clerk’s office.

The query has come up as part of the committee having been asked by the mayor to advise him on how to handle retired Police Chief Thomas E. Burke’s request to be compensated for 11 and 1/2 weeks of unused vacation time.

“Nobody is aware of a union contract that specifies a week is nine days. We don’t have a document that provides that,” Committee Chairman William J. Fennell said.

“That’s the way it has been since I’ve been there, 42 years,” Burke said.

Burke responded that not all the city’s contracts are on file in the Town Clerk’s office.

Fennell said the committee has it in writing that former Mayor Edward J. Gibson allowed Burke to carry over vacation time into 2012, so that should not be an issue, but that it still needs to figure out how much to compensate him.

Burke said police have been allowed to carry over vacation time from one year to the next and that the chief as well as captains and sergeants have been compensated nine days pay for each week of vacation owed.

Burke retired in March and even the exact date he should have retired is also subject to debate.

Burke worked to the end of the month and some officials believed he should have retired March 12, the day he turned 67 and was subject to mandatory retirement requirements. The chief told the committee that his group of employees has always been entitled to work until the end of the month of their birthday.

Mayor Gregory Neffinger said the city needs to develop a clear policy on vacation carryovers and that if police are allowed to carry time over other employees like those in the Fire Department might want the same treatment.

“We are talking about a dollar amount that could be huge for West Springfield,” Neffinger said.

The committee agreed to take up the issue again at its next meeting, which it set for 5:15 p.m. May 16 in the municipal office building.

The Selectboard has recommended a budget of $43,292,481 for the coming fiscal year for the town; the biggest chunk goes to education.

SOUTH HADLEY — The Annual Town Meeting will be held May 12 beginning at 9:15 a.m. in the South Hadley Town Hall auditorium.

Town Meeting members will vote on funding everything from snow removal to Veterans Affairs to the South Hadley Schools, as described in 37 articles.

After voting on the current warrant, the town will meet again on June 19 to vote on capital improvements for infrastructure. By then the Massachusetts governor, House and Senate are expected to have announced how much state aid towns are getting.

South Hadley officials have estimated that state aid to the town will be just over $11 million.

Property taxes, the biggest source of income for the town, will increase in Fiscal Year 2013 by 2½ percent over the previous year, the greatest increase allowed by law.

The Selectboard has recommended a budget of $43,292,481 for the coming fiscal year for the town. The biggest chunk goes to education. Other expenses include public works, public safety, human services, the municipal golf course, libraries and cultural events.

The Appropriations Committee may still change some of these figures.

The School Department is asking for $19,658,322. In an Appropriations meeting last week, Interim Superintendent Christine Swecklo described some of the financial challenges schools are facing, including the fact that President Obama’s two-year federal Education Jobs Grants program has ended.

The warrant proposes $316,961 for the Council on Aging and $3,477,879 for the Department of Public Works, not including snow removal.

The Canal Park Committee, 

whose mission is to document and market the first commercially navigable canal in the nation, is asking for $900.

The warrant also proposes $12,350 for the private Gaylord Library, although the library had hoped for $31,753 to maintain its level of service and development.

The Selectboard has increased its budget to make room for a new position of Assistant Town Administrator. Selectboard members themselves do not get salaries, but rather receive a stipend of $2,000 a year each.