Mayor Domenic Sarno could use between $7 million and $10 million from Springfield's reserve fund to help balance the new budget, provided the City Council approves.

SPRINGFIELD — The city’s “rainy day” reserve fund reached $40 million Monday night with a new transfer of funds, but that cushion could be significantly reduced July 1, as the mayor and City Council look for ways to reduce potential major layoffs and cuts in services.

At a meeting Monday, the council voted unanimously to transfer $2.4 million in surplus funds from fiscal 2011, known as “free cash,” to its stabilization “rainy day” reserve fund, raising the reserves from $37.6 million to just over the $40 million mark.

The mayor and council had the option of spending the free cash surplus before June 30 – the end of the fiscal year – or placing it in the reserve fund, or leaving it in the free cash account to be re-calculated next year. The reserve fund is typically used for unforeseen expenses or capital projects, but has also been used by cities for budget balancing efforts.

Domenic Sarno

Mayor Domenic J. Sarno is considering the use of between $7 million and $10 million from the reserve fund in the new budget on July 1, to help balance the budget and reduce layoffs and cuts in services, according to Finance Department officials. Any use of the reserve fund, however, needs approval from two-thirds of the 13-member council.

Councilor Bud L. Williams said that while he supports having a $40 million reserve for now, he urges Sarno to take funds necessary to prevent “draconian” budget cuts in July.

“To have money in the bank – $40 million – and have all these cuts, I can’t understand it,” Williams said. “I have a little bit of a problem. You’re talking of draconian cuts.”

Councilor Michael A. Fenton said the council must look at other avenues to balance the budget, and not rely too heavily on the reserve fund. The annual city budget is $561.5 million, including education, and, under ordinance, the city’s reserve must be at least 5 percent of the budget, or just over $28 million.

The budget now being prepared for the coming fiscal year currently has a gap of $5.8 million, even with the assumed use of $10 million from the reserve fund, and even with a proposed $10 increase in the annual trash fee, said Lee C. Erdmann, the city’s chief administrative and financial officer.

Various options are being explored including layoffs, furloughs, fee increases and cuts in programs to eliminate the $5.8 million gap, Erdmann said.

Councilor Clodovaldo Concepcion, chairman of the Finance Committee, said it is good to have a significant amount of money in reserve, “just like a bank account,” but the time must come to consider use of those funds to help prevent layoffs and cuts in services and to help the elderly, he said.

Council President James J. Ferrera III said the city must be careful in its use of reserve funds while seeking ways to reduce costs, such as going out to bid on health insurance.

Ferrera met Monday in Boston with Boston City Council President Stephen Murphy and Worcester Mayor/Council President Joseph Petty, to share ideas about budget challenges and other issues faced by the three cities. Ferrera said they agreed to meet again to continue discussion of budget issues, purchasing, regionalization, and crime prevention strategies, and will encourage major department heads to also confer.

In the race for a spot on the Board of Health, incumbent Lee Lalonde prevailed over newcomer Herb Abelson.

GRANBY — There were only two races on Monday's town election ballot, and in both cases incumbents kept their seats.

In the race for a spot on the Board of Health, incumbent Lee Lalonde prevailed over newcomer Herb Abelson.

The other contest, for a seat on Board of Trustees of the Granby Free Public Library, ended with incumbents Dianne Barry, Leah Condon and Nancy Evren drawing more votes that challenger Constance Abelson.

The election drew 342 out of 4,420 registered voters, or 7.7 percent.

Emre Evren, a new face on the School Committee, ran unopposed due to a member of the committee retiring at the end of his term.

In the year ahead, library trustees will continue fundraising for the new library and will study library policies to make sure they are adequate for the new building,
according to Virginia Snopek, president of the Board of Trustees.

“We’re getting ready to put together the package for bids,” said Snopek, referring to the process of choosing a builder.

She said the new library building could open as early as a year from now. The architectural design for the library has been completed, a gift of land off Route 202 has been donated by Granby residents Fred and Alice Stewart, and groundbreaking is expected late this summer.

On the Board of Health, Lalonde prevailed over Abelson with a vote of 260 to 74.

The board’s duties include inspecting restaurants and retail stores, monitoring food safety, checking septic systems and installations and responding to animal complaints, according to Board of Health chairman Michael Pandora.

Evren will assume the School Committee seat vacated by Kevin Boisselle.

Issues coming up for the committee include what to do with the deteriorating West Street School building and monitoring the full-time kindergarten at West Street, according to School Committee member Michael Quesnel. The committee will also be working with a new principal at West Street, Jonathan Cavallo.

Police said speed was clearly a factor as the car was traveling at a high-rate of speed when it went off the road.

LUDLOW - A driver suffered serious head injuries Monday night when his car went off the road at Cady and Grimes streets and struck a tree, police said.

The driver, whose name was not being released, was taken by ambulance to Baystate Medical Center in Springfield, said Ludlow police Sgt. Joseph Metcalfe.

Metcalfe said the car, a Chrysler Sebring was traveling at a high-rate of speed when it went off the road.

The accident happened just before 6:30 p.m.

The Hampden County District Attorney's Office has been notified, and the Massachusetts State Police Accident Reconstruction Unit has been called in to assist with the investigation.

Cady Street was closed off for more than four hours as the scene was cleared and police conducted their investigation, Metcalfe said.

More information will be posted as it becomes available.

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Tammy Walker, 49, was charged with OUI-third offense after she allegedly struck Massachusetts State Police Trooper Amy Waterman and another motorist while fleeing the scene of an I-291 traffic stop.

CHICOPEE – Tammy Walker, the 49-year-old Chicopee woman accused of being drunk when she fled the scene of a traffic stop that injured a Massachusetts State Police trooper, was held without bail Monday pending a so-called dangerousness hearing to see if she should be incarcerated for a period of up to 90 days.

Walker hit a state trooper's arm with her car as she attempted to flee the scene of a motor vehicle stop on I-291 just before 10 p.m. Saturday, according to police and prosecutors. She then proceeded to run a red light and struck a vehicle that was carrying three people, all of whom sustained serious injuries, state police said.

Walker was taken into custody and charged with operating under the influence-third offense, and several other alleged crimes. At her arraignment Monday in Chicopee District Court, Walker pleaded not guilty to that charge and a host of others, including OUI resulting in serious injury; negligent operation of a motor vehicle; assault and battery with a dangerous weapon (a motor vehicle); assault and battery on a police officer; resisting arrest and various other charges.

Because this is the third time Walker has been charged with OUI, a judge heeded the prosecution's request to hold a dangerousness hearing to determine if she should be held without bail for a period of up to 90 days. The date of that upcoming hearing was not immediately available, but if Walker is found to pose a public threat, she will not be allowed to post $12,500 bail for her release until at least late August.

At about 9:50 p.m. Saturday, Trooper Amy Waterman stopped Walker in a 2005 Hyundai Elantra on I-291 northbound near Exit 5. Shortly after the stop, Walker became belligerent and refused to exit her vehicle, police said. As Waterman attempted to arrest Walker and remove her from her car, Walker pulled away from the scene and struck Waterman's arm as she sped away, police said.

After driving about 200 yards, Walker ran a red light at the Massachusetts Turnpike Exit 6 interchange, where she struck a Hyundai Santa Fe and seriously injured all three occupants, police said. None of the injuries were believed to be life-threatening, police said. Waterman proceeded to the crash scene, where she provided medical care to the injured parties until ambulances arrived.

The injured people were taken to area hospitals for treatment. Updates on their conditions were not immediately available. Walker was transported to Mercy Hospital, where she was treated and later released.

WATCH an abc40 video of Walker's arraignment in Chicopee District Court:

A state "creative economy" official praised a proposal to establish an arts director. Watch video

The Republican | Greg SaulmonHolyoke Mayor Alex B. Morse pitches his plan for a director of arts, culture and tourism to City Council Ordinance Committee May 8.

HOLYOKE — Debate will resume Tuesday at 6:30 p.m. on a proposal to establish a position of director of arts, culture and tourism.

The City Council Ordinance Committee will continue the discussion at City Hall.

Councilors will get to question Mayor Alex B. Morse about his proposal for the arts positon, committee Chairwoman Rebecca Lisi said.

Having a municipal official dedicated to arts, culture and tourism would help the city mobilize the talents and strengths of its creative sectors, Morse said.

Helena Fruscio, creative economy industry director in the state Executive Office of Housing and Economic Development, came to City Hall and praised the proposal when the Ordinance Committee began debate May 8.

The job’s salary would be $40,000 a year, Morse said, but among councilors’ questions are additional costs of the position related to benefits and staff and the position’s responsibilities.

Council President Kevin A. Jourdain has questioned whether the city can afford to fund another position and whether it could be a regional post shared with other communities.

State and Ludlow police continue to probe a Cady Street car crash in which the male driver suffered head and other serious injuries.

LUDLOW – Authorities this morning were unable to immediately provide an update on the condition of a male driver who suffered serious head injuries when his car crashed into a tree off Cady Street just before 6:30 p.m. Monday.

The driver, whose name was not released, was taken by ambulance to Baystate Medical Center in Springfield for treatment, according to Ludlow Police Sgt. Joseph Metcalfe.

Metcalfe said the 29-year-old man was driving a Chrysler Sebring that was traveling at a high rate of speed when it went off the road near Grimes Street and struck a tree. It was not immediately clear if wet roads played a role in the crash, but speed was definitely a factor, Metcalfe said.

Massachusetts State Police investigators assigned to the office of Hampden District Attorney Mark G. Mastroianni and troopers from the Collision Analysis & Reconstruction Section are probing the serious crash.

Cady Street was closed for about four hours while authorities investigated and cleared the crash site, Metcalfe said.

A 22News report said the unidentified man was "clinging to life," though that could not immediately be confirmed this morning with authorities. Metcalfe described told the TV station that the crash victim sustained "serious blunt force trauma injuries."

MAP of the Ludlow crash scene:

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Police raided the apartment shortly after 0 a.m. on Friday..

CHICOPEE - Police raided an Emerson Street apartment Friday morning and arrested two men on trafficking heroin and other charges.

Miguel A. Medina, 39, of 29 Emerson St., 2nd floor, was charged with trafficking heroin, possession of heroin with intent to distribute (subsequent offense) and possession of marijuana with intent to distribute (subsequent offense), according to police records.

Anthony Rivera, 29, of the same address, was charged with trafficking heroin and possession of heroin with intent to distribute, records state.

Police executed their search warrant shortly after 9 a.m.

Obama personally defends his campaign's attacks against Romney's record at Bain Capital. Romney responds that Obama is continuing his attacks on free enterprise.

Associated PressPresident Barack Obama delivers his State of the Union address on Capitol Hill in Washington, Tuesday, Jan. 24, 2012. (AP Photo/Saul Loeb, Pool)

Though he typically leaves most of his negative campaigning to his campaign staff, President Obama on Monday personally defended the attacks by his campaign against Republican presumptive nominee Mitt Romney’s record at Bain Capital. Obama went after a basic tenet of Romney’s campaign, arguing that Romney’s business experience does not qualify him to be president.

Speaking in Chicago after the NATO summit, Obama was asked about his campaign’s attack relating to Bain’s investment in two companies that went bankrupt. Romney was CEO of the private equity investment firm.

“When you're president, as opposed to the head of a private equity firm, then your job is not simply to maximize profits,” Obama said. “Your job is to figure out how everybody in the country has a fair shot. Your job is to think about those workers who get laid off and how are we paying them for their retraining?”

“I think there are folks who do good work in that area, and there are times where they identify the capacity for the economy to create new jobs or new industries,” Obama said, referring to private equity. “But understand that their priority is to maximize profits. And that's not always going to be good for communities or businesses or workers.”

Obama’s campaign has been featuring the stories of some of Romney’s unsuccessful investments, focusing on workers who were laid off when companies went bankrupt. As the Romney campaign has pointed out, even some of Obama’s supporters, including New Jersey Mayor Cory Booker, have criticized the attacks on Romney’s record at Bain, arguing that they are a distraction or a criticism of private equity as a whole. Obama addressed the criticism directly, arguing that the issue is relevant.

“The reason this is relevant to the campaign is because my opponent, Governor Romney, his main calling card for why he thinks he should be president is his business experience,” Obama said.

“If your main argument for how to grow the economy is, ‘I knew how to make a lot of money for investors,’ then you're missing what this job is about,” Obama said. “My job is to take into account everybody, not just some.”

On the campaign trail, Romney frequently cites his experience in the private sector to argue that he knows how to turn around the economy. Obama, in defending the attacks, made clear that Romney’s business background will continue to remain an important part of Obama’s campaign as well.

Republicans have frequently tried to portray Obama as anti-business, and Obama, who has taken a significant amount of money from the financial industry, made clear that he was not attacking private equity as a whole. Obama said his view of private equity is that it is “set up to maximize profits” and is “a healthy part of the free market.”

Romney responded in a statement, “President Obama confirmed today that he will continue his attacks on the free enterprise system, which Mayor Booker and other leading Democrats have spoken out against. What this election is about is the 23 million Americans who are still struggling to find work and the millions who have lost their homes and have fallen into poverty. President Obama refuses to accept moral responsibility for his failed policies. My campaign is offering a positive agenda to help America get back to work.”

A first-of-its-kind commercial supply ship rocketed toward the International Space Station following a successful liftoff early Tuesday, opening a new era of dollar-driven spaceflight.

The Associated PressThe Falcon 9 SpaceX rocket lifts off from space launch complex 40 at the Cape Canaveral Air Force Station in Cape Canaveral, Fla., early Tuesday, May 22, 2012. This launch marks the first time, a private company sends its own rocket to deliver supplies to the International Space Station.(AP Photo/John Raoux)

By MARCIA DUNN, AP Aerospace Writer

CAPE CANAVERAL, Fla. (AP) — A first-of-its-kind commercial supply ship rocketed toward the International Space Station following a successful liftoff early Tuesday, opening a new era of dollar-driven spaceflight.

The SpaceX company made history as its Falcon 9 rocket rose from its seaside launch pad and pierced the pre-dawn sky, aiming for a rendezvous in a few days with the space station. The unmanned rocket carried into orbit a capsule named Dragon that is packed with 1,000 pounds of space station provisions.

It is the first time a private company has launched a vessel to the space station. Before, that was something only major governments had done.

"Falcon flew perfectly!!" SpaceX's billionaire founder, Elon Musk, said via Twitter. "Dragon in orbit ... Feels like a giant weight just came off my back."

Musk later told reporters: "I feel very lucky ... For us, it's like winning the Super Bowl."

This time, the Falcon's nine engines kept firing all the way through liftoff. On Saturday, flight computers aborted the launch with a half-second remaining in the countdown; a bad engine valve was replaced.

The White House quickly offered congratulations.

"Every launch into space is a thrilling event, but this one is especially exciting," said John Holdren, President Barack Obama's chief science adviser. "This expanded role for the private sector will free up more of NASA's resources to do what NASA does best — tackle the most demanding technological challenges in space, including those of human space flight beyond low Earth orbit."

Flight controllers applauded when the Dragon reached orbit nine minutes into the flight, then embraced one another once the solar panels on the spacecraft popped open. Many of the SpaceX controllers wore untucked T-shirts and jeans or even shorts, a stark contrast to NASA's old suit-and-tie shuttle crowd.

The hopes of SpaceX employees were riding on that rocket, Musk noted, and everyone felt "tremendous elation."

So did NASA.

The space agency is banking on the switch from government to commercial cargo providers in the U.S., now that the shuttles no longer are flying. Astronauts could begin taking commercial rides to the space station in three to five years, if all goes well.

"The significance of this day cannot be overstated," said a beaming NASA Administrator Charles Bolden. "It's a great day for America. It's actually a great day for the world because there are people who thought that we had gone away, and today says, 'No, we're not going away at all.'"

The real test comes Thursday when the Dragon reaches the vicinity of the space station. It will undergo practice maneuvers from more than a mile out. If all goes well, the docking will occur Friday. Musk will preside over the operation from the company's Mission Control in Hawthorne, Calif., where he monitored the liftoff.

The space station was zooming over the North Atlantic, just east of Newfoundland, when the Falcon took flight.

NASA is looking to the private sector to take over orbital trips in this post-shuttle period and several U.S. companies are vying for the opportunity. The goal is to get American astronauts launching again from U.S. soil — creating jobs at home and halting the outsourcing, as Bolden put it.

Until their retirement last summer to museums, NASA's shuttles provided the bulk of space station equipment and even the occasional crew member. American astronauts are riding Russian rockets to orbit until SpaceX or one of its competitors takes over the job. Russia also is making periodic cargo hauls, along with Europe and Japan.

Musk, a co-creator of PayPal, founded SpaceX a decade ago. He's poured millions of his own money into the company, and NASA has contributed $381 million as seed money. In all, the company has spent more than $1 billion on the effort.

Hundreds of SpaceX and NASA guests poured into the launching area in the early morning hours Tuesday, eager to see firsthand the start of this new commercial era. The company had a single second to get its rocket flying, and that's all it needed.

Everyone, it seemed, was rooting for a successful flight — even Musk's rivals.

"The shuttle may be retired, but the American dream of space exploration is alive and well," said Mark Sirangelo, chairman of Sierra Nevada Corp.'s space systems, which is developing a mini-shuttle to carry space station crews in another few years.

The six space station astronauts were especially enthusiastic. The crew beamed down a picture on the eve of the launch, showing the two who will use a robot arm to snare the Dragon.

In December 2010, SpaceX became the first private company to launch a spacecraft into orbit and retrieve it. That test flight of a Dragon capsule paved the way for this mission, which also is meant to culminate with a splashdown of the capsule in the Pacific.

This newest capsule is supposed to remain at the space station for a week before bringing back experiments and equipment. None of the other types of current cargo ships can return safely; they burn up on the way down.

SpaceX and NASA officials stress this is a demonstration flight and that even if something goes wrong, much can be learned. Two more Dragon supply missions are planned this year, regardless of what happens during this week's rendezvous.

While acknowledging the difficult course ahead in the next few days, Musk and NASA officials savored Tuesday's triumph.

"I would really count today as a success, no matter what happens the rest of the mission," Musk said.

Musk, 40, is the chief executive officer and chief designer for SpaceX. He also runs Tesla Motors, his electric car company.

Hitching a ride into space, aboard the discarded second stage of the rocket, were the ashes of more than 300 people, including Mercury astronaut Gordon Cooper and "Star Trek" actor James Doohan, who played Scotty. It's a redo flight for a paying customer, Houston-based Celestis Inc. The Falcon 1 that carried the first batch of their ashes failed in 2008.

Jewelry stores and pawn shops oppose the proposal which would increase the holding time from 10 to 30 days. Police favor the change,

Mark M. Murray / The Republican05/09/12 Springfield - Meriefel and Bill Miller owners of People's Pawn and Jewlery Company at 363 Worthington Street in downtown Springfield.

SPRINGFIELD - A proposed city ordinance to increase the amount of time that jewelry stores and pawn shops must hold onto second-hand gold and jewelry is under fire from those in the business.

The ordinance change, recommended by the Police Department, calls for increasing the holding period from 10 to 30 days. The City Council reduced the 30-day holding period, which had been on the books for nearly 30 years, more than a year go, on April 15, 2011 at the urging of those in the business of reselling jewelry.

Pawnshop and jewelry store owners say the 30-day period puts them at a competitive disadvantage with their counterparts doing business in communities with lower or even no holding periods.

Police, however, say the 10-day period makes it more difficult to catch burglars and thieves and puts victims at a disadvantage as they attempt to recover their property.

“Most jewelry stores are on hard times,“ said George Sarkis Sr., owner of Springfield Jewelry and Diamond Exchange on Sumner Avenue. “It’s very hard to make money during these times because of the volatile market fluctuations in the price of gold.“

William Miller, owner of the People’s Pawn and Jewelry Co. on Worthington Street, says the volatility of the gold market prompts him to check the going market price every two hours as he conducts his business throughout each day.

“I have to worry that it’s going to drop,“ Miller said. “Where am I going to be standing?

Sarkis, by way of example, said the price of gold plummeted over one three-day period in early May from $1,642 per troy ounce to $1,592. “I lost 33 percent of my profit on the gold that I am holding,“ said Sarkis.

Sgt. John M. Delaney, aide to Police Commissioner William Fitchet, said however, that the 10-day period simply isn’t working out. Ten days is not enough time for the victim’s of home break-ins to get their insurance paperwork in order, especially if they have been away on vacation when thefts occur.

“People go on vacation for seven to 10 days and their homes get broken into,“ said Delaney. “Sometimes they don’t even know the stuff is gone, and it has been pawned and resold. It’s gone.“

City Councilor James J. Ferrara III, who opposes the change back to 30 days, is one councilor who thinks that 10 days is fair. “I felt that we cannot continue to keep our business owners and our businesses in a competitive disadvantage,“ Ferrara said.Both Albany, N.Y., and Hartford, Conn., have 10-day holding periods, and some Western Massachusetts communities, including Monson, Wilbraham and Northampton have no mandatory holding period at all, according to Ferrara. “They can pay a little more because they don’t have any holding times,“ Miller said of the other communities.

The 30-day ordinance is under consideration by the council’s Public Health and Safety Committee.Sarkis said he would like to see police return to their practice of distributing “hot sheets“ to jewelry stores and pawnshops to provide information on recent thefts.

“We want the ’hot sheets’ returned to us so we can interdict the stolen articles. We don’t want to buy the stolen articles,“ Sarkis said. Sarkis said that whenever a serious crime involving the theft of gold or jewelry is reported, police are usually in his store on the very same day.

“We are glad to cooperate with the police during any investigation; we always do,“ Sarkis said.

Delaney said the practice of regularly putting out ’hot sheets’ was discontinued years ago. The department does, however, issue descriptive information to the pawn shops and jewelry stores if a large amount of jewelry or an unusual custom-made piece is stolen.

A fistfight between two teenage girls in downtown Pittsfield quickly turned in to a large-scale fracas, prompting a pair of outnumbered police officers to summon help.

PITTSFIELD – Police here plan to beef up patrols at future 3rd Thursday events, a series of large, block-party-style gatherings held in downtown Pittsfield, after a melée erupted when officers intervened in a fight between two teenagers.

Police reinforcements, including some from surrounding towns, streamed into downtown Pittsfield just after 8 p.m. Thursday after a fistfight between two girls quickly morphed into a large-scale disturbance involving more than 100 people, The Berkshire Eagle reports.

Pittsfield Police Capt. David Granger, head of the city's uniform patrol division, told the daily newspaper that the incident started near the intersection of North and Melville streets and rapidly became "an extremely dangerous situation."

As 3rd Thursday festivities were winding down for the evening, two bicycle officers, Sgt. Matthew Hill and Officer Cheryl Belknap, were in the process of clearing a group of mostly teenagers from the streets when the fight broke out. As the officers tried to separate the girls, the "mob mentality took over," according to Granger, who could not be reached for comment Tuesday morning.

Granger said some officers were assaulted during the disturbance, but no serious injuries were reported. Hill was off duty Tuesday and could not be reached for comment.

Six arrests — four adults and two juveniles — were made, with charges ranging from assaulting a police officer to disorderly conduct and resisting arrest. "If we had more police officers, there would have been more arrests," Granger told The Eagle.

Hill and Belknap called for backup as soon as they realized they were facing a hostile crowd. All 20 city police officers who were on duty at the time responded to their colleagues' distress call. Also responding were Massachusetts State Police troopers, deputies from the Berkshire County Sheriffs Office, and police from Dalton and Lanesborough.

"It was an extremely dangerous situation for the officers and the civilians in the area," Granger told The Eagle. "There were two officers all by themselves in a large crowd."

As the name suggests, 3rd Thursdays are held every third Thursday of the month from May through October. The 6-year-old, city-sponsored cultural and business event has proven to be a successful program for downtown Pittsfield, which closes its main business corridor to vehicles as thousands flood into the city for art, food, music and late-night shopping.

The city's former mayor, James M. Ruberto, championed the Thursday evening gatherings as a chance for Pittsfield to show off its restaurants, shopping and cultural attractions, such as the Barrington Stage Company and the Colonial Theatre, a new home for the Berkshire Theatre Group.

Granger said the events are usually free of any trouble. "It's a shame a few individuals had to cause problems this way," the captain said.

A fourth person has pleaded guilty in connection with the stabbing death more than two years ago of a former high school basketball star from the Berkshires, while charges against a fifth defendant have been dismissed.

File photo

PITTSFIELD, Mass. (AP) — A fourth person has pleaded guilty in connection with the stabbing death more than two years ago of a former high school basketball star from the Berkshires, while charges against a fifth defendant have been dismissed.

Trevor Pryce of North Adams pleaded guilty Monday to assault and battery with a dangerous weapon for the March 2010 death of Jahda Martin. Pryce was sentenced to 2 ½ years in jail.

Martin a former star player at Lee High School who played at a Division I college, was attacked in the parking lot of a Pittsfield fast food restaurant after leaving a nearby club. Prosecutors have never disclosed a motive.

The Berkshire Eagle (http://bit.ly/MDlMnW ) reports that authorities dismissed murder and other charges against Allan McGraw.

Three people had previously pleaded guilty.

___

Information from: The Berkshire Eagle, http://www.berkshireeagle.com

Delmolino was not wearing a helmet, according to the Northwestern District Attorney's Office

The Republican | Greg Saulmon05.19.2012 | NORTHAMPTON -- A bicyclist suffered serious injuries Saturday evening after colliding with a car at the intersection of Main and Pleasant streets.

NORTHAMPTON – Harry Delmolino, an 18-year-old Hadley bicyclist who collided with a car at Pleasant and Main streets Saturday night, remained in critical condition Tuesday morning at Baystate Medical Center in Springfield.

Delmolino was hit by a car at about 7:45 p.m., according to a release issued by the Northwestern District Attorney’s office. Witnesses said the accident may have occurred closer to 7:15 p.m.

Delmolino was riding east through the intersection on Main Street when Celso Avelar, 43, of Northampton, began turning left onto Pleasant Street from Main Street when the bicycle and the car collided. He was not wearing a helmet, according to the district attorney’s office.

The collision remains under investigation by Northampton Police and Massachusetts State police from the collision analysis and reconstruction section and detectives with the District Attorney’s office.

Investigators were not immediately available for comment Tuesday.

The school (pictured) has become a bit rundown since closing in 2004, but city officials are emphasizing its proximity to Springfield's three hospitals and thriving health care corridor as selling points to anyone interested in redeveloping the 138,916-square-foot lot at 495 Chestnut St.

SPRINGFIELD – The city is seeking proposals for the redevelopment of the former Chestnut Junior High School after the New England Farm Workers Council, the preferred site developer, opted not to pursue a rehabilitation project for the 82,000-square-foot building at 495 Chestnut St.

"We are disappointed New England Farm Workers Council cannot pursue this project further. However, we are looking forward to the advancement of their other projects in the city," Kevin Kennedy, the city's chief development officer, said in a statement.

"Chestnut Junior High is a challenging project, but we are confident the positive attributes to the site ... will help attract future interests," Kennedy said, noting the proximity of Baystate Health facilities, including the new $296 million "Hospital of the Future."

The Farm Workers Council plans to instead focus its efforts on other projects in the city including the Paramount Theater redevelopment project on Main Street.

Chestnut Junior High School was built in stages between 1901 and 1907. The structure, which has fallen into disrepair since the school closed in 2004, is listed on the Massachusetts Historical Register. The property consists of a 4-story building, featuring 20,500 square feet per floor, that's situated on a 138,916-square-foot lot.

City officials said the building is just a short walk from the main campus of Baystate Medical Center, Mercy Medical Center and Springfield Shriners Hospital. The city's North End medical district, which includes the hospitals and numerous other nearby medical offices, employs about 10,000 people, or roughly percent of the city's total employment base, according to a recent study by the University of Massachusetts at Amherst.

The local Farm Workers Council was named preferred developer by the city in May 2011, according to Brian M. Connors, deputy director of the Springfield Office of Planning and Economic Development. That designation period recently expired, prompting the city and the council to review the status of the proposal.

The building's interior has deteriorated since the school closed, but city officials still envision the site being turned into housing or office space.

A department spokesman says 19-year veteran Lt. Joaquin Kilson was fired Friday after a hearing upheld charges of untruthfulness, improper associations and conduct unbecoming an officer.

FITCHBURG, Mass. (AP) — A veteran Fitchburg police officer has been fired for his friendship with a suspected drug dealer.

A department spokesman says 19-year veteran Lt. Joaquin Kilson was fired Friday after a hearing upheld charges of untruthfulness, improper associations and conduct unbecoming an officer.

Kilson has not been criminally charged.

The 51-year-old Kilson was placed on administrative leave in January after it was discovered he had associations with one of 16 people arrested in a gang investigation.

An internal investigation determined that Kilson had regular social contact with a 37-year-old Fitchburg man indicted by a grand jury for selling cocaine, maintained regular cellphone contact with the man, and stayed at his home in the Dominican Republic.

A police union representative tells The Sentinel and Enterprise that Kilson did nothing wrong and plans to appeal.

Some 500 workers provided emergency food to some 20,000 people that were in the path of devastation.

Dave Roback / The Republican05/21/12-Springfield - Yasmin Otero, Regional Director of the (DTA) Department of Transitional Assistance, talks about those being honored for providing emergency food service to those in need after the June 1 tornadoes.

SPRINGFIELD – After the tornadoes ripped through the region last June, even before the full extent of the damage was known, state workers lept into action to see that emergency food was available to those in need.

Some 500 workers statewide, many from the Greater Springfield area who suffered losses of their own, ultimately helped to provide emergency food to some 20,000 people that were in the path of the devastation.

The emergency food came via the federal Disaster Supplemental Nutritional Assistance Program coordinated by personnel from the departments of Transitional Assistance and Developmental Services at the Springfield-Liberty Transitional Assistance Office in Springfield and at the Monson Developmental Center.

State Health and Human Services Secretary JudyAnn Bigby and others came to Springfield and Monson Monday to honor those who rapidly set up the program and oversaw the efforts of the 500 workers.

“We haven’t had this before and it was really creating a whole new administration in order to respond quickly” said Daniel Curley, commissioner of the Department of Transitional Assistance.

Curley said President Obama praised the emergency efforts to get food to those in need after the tornadoes and hailed it as a national model.

Melissa Pietraszkiwicz

The scope of the damage and the needs of those impacted by the tornadoes were initially hard to grasp, said Yasmin Otero, regional director of the state Department of Transitional Assistance.

“It was frantic, it was exciting, it was awesome in the sense that you couldn’t believe it had happened,” said Otero. “It was an impressive response.”

“What stands out for me is the way all the workers throughout DTA came together,” said Melissa Pietraszkiwicz, director of the State Street facility. “There were a lot of hardship stories, a lot of people were destitute.”

Anybody that suffered a loss of food or property damage in the tornadoes, and was able to prove it, was able to participate in the emergency program, Otero said.

“We were seeing thousands and thousands of people and to keep it straight took a yeoman’s effort,” Otero said.

Bigby and others honored 25 of the emergency response leaders in Springfield and then went to Monson to honor 18 more.

Four years ago, Powell caused a stir in Republican political circles by endorsing Obama over Sen. John McCain.

Associated PressIn this Dec. 1, 2010 file photo, former Secretary of State Colin Powell meets with President Barack Obama, in the Oval Office at the White in Washington.

WASHINGTON (AP) — Former Secretary of State Colin Powell declined Tuesday to renew the presidential endorsement he gave Barack Obama four years ago, saying he wasn't ready "to throw my weight behind someone" at this time.

The former chairman of the military's Joint Chiefs of Staff and Cabinet member under President George W. Bush demurred when asked if he was backing Obama again this time around. Four years ago, Powell caused a stir in Republican political circles when the longtime GOP figure endorsed Obama over war hero Sen. John McCain, calling Obama a "transformational figure."

Not so this time, Powell said in an appearance on NBC's "Today" show. At least, not yet.

"It's not just a matter of whether you support Obama or Romney. It's who they have coming in with them," he said.

Pressed to say why he was holding back on giving Obama his blessing a second time, Powell told anchor Matt Lauer, "I always keep my powder dry, as they say in the military."

He said that Obama had "stabilized the financial system" in the wake of the deep recession of 2008-2009 and "fixed the auto industry." Powell also said he thought the country was on the right path toward winding down the war in Afghanistan.

But he also said he thought Obama needed to work still more on the shaky economy and said he thought that he owed it to the Republican Party to listen to the proposals that presumptive nominee Mitt Romney will be offering, particularly on the economy.

Powell said he's "still listening" to Republican ideas, calling Romney "a good man," and saying he wasn't ready to make a commitment to Obama.

Powell has been an enigmatic figure in the Republican Party, a man who's name often has been mentioned in both presidential and vice presidential speculation, and the first black to rise to the position of head of the Joint Chiefs of Staff.

Two years ago, Powell told graduates of South Carolina's premier historically black university that, among other things, he had been particularly heartened by a recent event.

"That was when President Obama took out his birth certificate and blew away Donald Trump and all the birthers," he told students at South Carolina State University.

Powell also supported Obama in the president's fight to get the U.S. Senate to ratify the New START treaty with Russia.

A week before Dharun Ravi was sentenced to jail for using a webcam to spy on a gay college roommate who later killed himself, supporters rallied behind him, arguing that New Jersey laws should be changed so that someone in his situation could not be found guilty of a hate crime.

AP Photo/Mel EvansDharun Ravi arrives at court for his sentencing hearing in New Brunswick, N.J., Monday, May 21, 2012. Ravi, a former Rutgers University student who used a webcam to watch his roommate kiss another man days before the roommate killed himself was sentenced Monday to 30 days in jail. A judge also gave 20-year-old Dharun Ravi three years of probation.

By GEOFF MULVIHILL
Associated Press

NEW BRUNSWICK, N.J. (AP) — A week before Dharun Ravi was sentenced to jail for using a webcam to spy on a gay college roommate who later killed himself, supporters rallied behind him, arguing that New Jersey laws should be changed so that someone in his situation could not be found guilty of a hate crime.

In sentencing Ravi to 30 days in jail when he could have gotten years, the judge said he does not consider the case a hate crime, even though the most serious charge, bias intimidation, is the legal name for what most people — and legislators who have endorsed laws on the issue — call a hate crime.

"I do not believe he hated Tyler Clementi," Judge Glen Berman said Monday. "He had no reason to, but I do believe he acted out of colossal insensitivity."

The dramatic and emotional saga reignited, in practical terms, some questions where philosophy eclipses law: What is hate, and how can it be a crime?

In this case, Clementi and Ravi were assigned at random to be roommates in their first year at Rutgers, New Jersey's flagship public university, in the fall of 2010. By all evidence, they hardly talked. But Ravi told friends his roommate was gay — and he wasn't happy about it.

On Sept. 19, Clementi asked Ravi to leave the room to make space for a guest.

Ravi went to a friend's dorm room and accessed the webcam on his own computer to see Clementi and his guest — identified in court only by the initials M.B. — kissing. He and his friend shut down the screen after a few seconds that time but told others about what they had seen.

Two days later, when Clementi asked for privacy again, Ravi told his Twitter followers how to see what was going on in the room that night.

The night after that, Clementi jumped to his death from the George Washington Bridge. Jurors learned that Clementi had checked his roommate's Twitter feed repeatedly in the days before his suicide.

The case almost immediately touched a nerve among gay-rights and anti-bullying activists as an example of the harassment and challenges that young people, and young gays and lesbians in particular, can face. Among those speaking out in the aftermath were President Barack Obama and talk show host Ellen DeGeneres.

Prosecutors hit Ravi with 15 criminal counts, including invasion of privacy, tampering with evidence. The two most serious counts, bias intimidation, could have gotten him 10 years in prison, though prosecutors had said the maximum penalty was not necessary.

Ravi's lawyer, Steven Altman, said that his client was "demonized by the gay community" and that the case was "treated as if it's a murder case."

Ravi himself did not speak in court on Monday. His silence got him chastised by the judge, who wanted to hear an apology.

In an interview with The Star-Ledger that happened before the sentencing but was published afterward, Ravi said he didn't apologize because it "would sound rehearsed and empty."

"When politicians give public apologies, to me, it always sounds so insincere and false," he said. "No matter what I say, people will take it that way."

Indeed, Clementi's brother, James, who spoke at the sentencing, said that there was a time when an apology would have mattered to him. But he didn't want to hear one so late.

Critics of the bias-intimidation charge have argued it's what lawmakers had in mind when they crafted "hate crime" laws to mete out extra punishment to those who act out of bias against the victim's race, gender, sexual orientation, religions, national orientation or disability.

In New Jersey, a major push to adopt such laws came more than 20 years ago amid a string of attacks on Indian-Americans. The state's bias intimidation law dates to 2001 — one of many similar laws adopted around the time after Matthew Shepard, a gay University of Wyoming student, was beaten and left tied to a desolate fence post. He later died.

In 2009, Congress expanded federal hate-crimes legislation to cover crimes motivated by bias against gays, lesbians and transgender people. The bill is known as the Matthew Shepard Act.

Thursday evening, as they appeared on a panel after a screening of a documentary about the Shepard killing, Clementi's parents noted parallels with their son's case.

"While the circumstances were different, the effect was the same," Joe Clementi said.

Critics of the laws say they are troublesome because they require juries to consider the motive of the suspects — not just their actions. And in New Jersey, along with some other states, a conviction can come because the victim reasonably believes he or she is being targeted out of bias.

The whole concept bothers Bill Dobbs, a New York City gay rights activist.

"Law and order cannot solve social problems," he said.

Dr. Sanjay Nath, Associate Professor of Clinical Psychology and the Director of the Institute for Graduate Clinical Psychology at Widener University in Chester, Pa., said he believes the sentence takes seriously what Ravi did and provides a reminder that people should think about the effects on others before they act. But he has trouble seeing what happened to Clementi as a hate crime

"Whether it's a hate crime, that part I can't wrap my mind around," he said.

"When someone beats someone up and says, 'You're a fag,' it's a hate crime."

Judge Berman, whose sentence for Ravi was far short of the 10-year maximum, said he looked at the bias intimidation laws in 39 states and found that New Jersey's was broader than most. The majority are used to increase sentences for those convicted of violent crimes.

In Ravi's case, the underlying crime was invasion of privacy. And whether he was hateful came up again and again.

Evidence provided by prosecutors included instant messages and tweets by Ravi that could be construed as youthful teasing, including, "I saw him making out with a dude. Yay."

During the trial, Ravi's lawyers called just seven witnesses. The main question for all of them was: Did he hate gays? All of them said they did not know him to.

Last week, several hundred protesters gathered at the New Jersey State House to show support for Ravi and decry what they saw as injustices in New Jersey's hate-crime laws.

At his sentencing, his mother, Sabitha Ravi, tearfully pleaded with a judge not to send her son to prison. Dharun Ravi, she said, "doesn't have any hatred in his heart toward anybody."

Clementi's mother, Jane Clementi, also in tears, told the judge Ravi did deserve incarceration because, she said, Ravi was hateful toward her son.

"Why was he so arrogant, mean-spirited and evil?" she asked.

Clementi and her family did not comment after the sentencing. But the Middlesex County prosecutor's office made its position clear by announcing it planned to appeal the sentence.

He deserved more time for a hate crime, the office said.

Ravi is likely to appeal the conviction entirely.

Galanek allegedly pushed the 13-year-old student and called him a "piece of crap" in front of classmates and a paraprofessional.

The Republican | John Suchocki05.22.2012 | PALMER -- Teacher Barbara J. Galanek appears in Palmer District Court Tuesday. She is charged with assaulting a student in February.

PALMER -- Birchland Park Middle School teacher Barbara Galanek denied assault charges at her arraignment in Palmer District Court Tuesday.

The long-time teacher is accused of assaulting a 13-year-old student at the East Longmeadow school in February.

Galanek was present with her lawyer and several supporters. It was unclear if those with her were family or fellow teachers.

A pretrial hearing has been scheduled for July 11 and Galanek was released on her own recognizance.

Her attorney, Michael Donahue, chose not to comment on the case, but said "we are going to wait to see what happens."

A statement of facts written by Detective Joseph Barone included in Galanek’s court file states the student’s father called police on Feb. 23 to report that his son was pushed by Galanek.

It states that Galanek called the child in front of her class and began to verbally reprimand him “for what she apparently felt was the child laughing at her in the hallway the day before.”

The child told his father that he was in the school hallway when his cousin jokingly pushed him when Galanek was present. The child told Galanek she should yell at the cousin for pushing him; Galanek then reprimanded the cousin.

“He then started to laugh at the situation and his cousin while Mrs. Galanek’s back was turned,” Barone’s statement reads.

Another teacher, Nancy Donofrio, saw the child laughing and told Galanek.

The next day, Galanek allegedly called the student a “piece of crap” as he stood in front of his entire class and said that she is the “person of authority.” She then walked up to him and pushed him, according to the complaint.

“This action resulted in the child being pushed backwards slightly into a desk occupied by a female student. While the child was still standing in front of the class, Ms. Galanek threw the child’s classroom paperwork on the floor then told him to ‘pick it up,’” the complaint states. “Ms. Galanek later told the child that she will not call his parents about his actions and if he told his parents it would only get him in more trouble.”

At some point during the day, another teacher, Valerie O’Connor, told the child that she heard what happened in Galanek’s room. O’Connor told him that what happened was unacceptable and that he needed to tell his parents. O’Connor also reported the incident to the assistant principal, Paul Plummer.

The complaint states that the child told his parents about the incident and that he was embarrassed and humiliated by her actions, and no longer wants to be in her class because he is afraid he will be singled out again.

The complaint statesthat Superintendent Gordon Smith initiated an internal investigation. Principal Kathleen Hill told police at the end of February that “administrative action” had been taken against Galanek.

Hill referred questions to Smith, who said he could not comment because this is a personnel matter. He could not say how long Galanek has been teaching in the district, but referred to her as a “veteran” teacher.

Four students and a paraprofessional, Rachel Soumakis, who were in the room when the incident happened confirmed to Plummer that the teacher called the student “a piece of crap,” pushed him and threw his classwork on the floor.

Based on the investigation, Barone filed a 51A report to the state Division of Children and Family Services reporting the abuse by Galanek.

As Romney aims to convince Republican voters that he is conservative enough to be their presidential choice on the national scene Brown has reinforced his bipartisan image in an attempt to win over independent voters in a state dominated by Democrats.

In this photo taken Jan. 19, 2010, former Massachusetts Gov. and presidential hopeful, Mitt Romney, right, introduces and congratulates U.S. Senator-elect Scott Brown, R-Mass. at his Boston victory party after he won the seat vacated by the late Sen. Edward Kennedy. The two Massachusetts Republicans have a history of supporting each other throughout their political careers, but facing tough elections neither is playing up that history now, perhaps with good reason. (AP Photo/Elise Amendola)

Despite sharing mutual admiration, a senior political adviser and some views on key issues, Republican U.S. Sen. Scott Brown and GOP presidential hopeful Mitt Romney have worked to keep each other at a distance this election season.

As Romney aims to convince Republican voters that he is conservative enough to be their presidential choice on the national scene Brown has reinforced his bipartisan image in an attempt to win over independent voters in a state dominated by Democrats.

Despite the respective efforts by the candidates to strike a balance between friendship and politics the Massachusetts Democratic Party has worked to highlight the similarities between the two candidates in the hopes that it will result in a boost for Democrats on election day.

In a video called "Mitt Romney + Scott Brown = BFF," released by the Democrats in April, Brown and Romney's own words are woven into a narrative that ties them together. And on Tuesday, the Democrats hit again with a press release calling the duo and their shared views "Bromney."

Democrats cited Brown and Romney's similar objections to the Buffett Rule calling for wealthy Americans to pay a higher tax rate, President Obama's national health care plan, same-sex marriage and ending taxpayer subsidies for the oil industry.

“Scott Brown wants Mitt Romney to be President and the Republican Party to control the Senate so they can push their Republican agenda of rolling back Wall Street reform, repealing health care reform and increasing tax breaks for millionaires and billionaires,” said Massachusetts Democratic Party Chair John Walsh in a statement. “On issues important to middle class families here in Massachusetts, Scott Brown and Mitt Romney are on the wrong side.”

Ray LaRaja, a political science professor at the University of Massachusetts at Amherst, said the attempts to tie the two candidates together work against each GOP candidate and potentially help President Barack Obama and Brown's chief rival Elizabeth Warren.

"Massachusetts voters just aren't that sympathetic to Romney as he has put the state behind him and moved to the right to try to win a national position as a conservative," LaRaja said. "For Brown, he has to look beholden to no one and seem ready to stiff-arm the national party or he will lose votes with Independents in the state."

An Associated Press analysis of where Brown and Romney stand on the issues revealed they do differ on some key points.

Romney has said Roe v. Wade should be reversed while Brown says a woman should have the right to an abortion, although he opposes federal money for the procedure.

Romney has called for repeal of the Dodd-Frank financial overhaul law and Brown was one of three Republicans to vote for it.

"Brown is juggling his loyalty to Romney with his desire to win reelection by distancing himself from the national party," LaRaja said. "That is hard to do when your mentor is the de facto head of the national party. The Democrats strategy is an interesting approach to highlight that."