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Mostly cloudy, seasonal overnight, low 61

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Showers ends in time to start the workweek, but return by Tuesday.

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A stationary frontal system and area of low pressure is slowly pushing further out to sea, which puts an end to our chance of rain overnight. Overnight lows will be near 60 degrees, with the mugginess easing up a little bit as high pressure starts moving into the region.

Some areas of fog start off our Monday morning, which may also masquerade as low-level cloud cover to filter out some of the sunshine to start off the day. With an area of high pressure quickly passing overhead, however, we will see a partly cloudy and dry day for the rest of Monday. High temperatures will once again be in the lower-80s, but the humidity should remain just a little bit lower compared to this weekend.

Enjoy Monday if you can because late-day scattered showers and thunderstorms will dominate a majority of the workweek. It is not expected to be a total washout all week long, but a large upper-level trough over the Northeast will keep us on our toes for those pop-up thunderstorms all the way through the workweek. We'll start with partly sunny skies and isolated showers on Tuesday, and then a few more clouds and scattered showers for Wednesday. Temperatures continue to stay seasonal (low-to-mid 80s), but the humidity stays a little bit elevated for a while as well.

Tonight: Mostly cloudy, patchy fog, low 61.

Monday: Partly cloudy, seasonal, high 83.

Tuesday: Partly sunny, an isolated shower/thunderstorm, muggy, high 82.

Wednesday: Mostly cloudy, scattered showers and thunderstorms, muggy, high 84.


No arrests yet in fatal Springfield hit-and-run incident that killed teenage mother, injured toddler

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Police have located the car in the fatal incident, which killed a 19-year-old mother and seriously injured her 23-month-old child, but they have yet to charge anyone with a crime.

SPRINGFIELD — Police have yet to make an arrest in connection with Friday's fatal hit-and-run incident on Sumner Avenue, which claimed the life of a 19-year-old mother and seriously injured her toddler, according to Springfield Police Lt. David Martin.

Ashley Ballester was struck while crossing the busy Forest Park thoroughfare near the intersection of Lester Street at about 8:30 p.m. Friday, police said. Ballester was pushing her young daughter in a stroller at the time of the incident.

The child, who turns 2 next month, was thrown from the stroller and injured, but an update on her condition was unavailable early Monday. As of Saturday, the child was being treated in Baystate Medical Center's pediatric intensive care unit, according to police Officer Robert Kalin, the traffic bureau investigator handling the probe.

Police said they recovered the vehicle involved in the fatality, a white Ford, but have not yet charged anyone. "We are working on leads. We do have the car in custody and we are working with the owner of the car," Kalin said Saturday.

Police said Ballester, who lived nearby at 24 Lester St., was thrown into the air after being struck by the Ford, then a second a vehicle. The Ford fled the scene, but the second vehicle stopped, police said. The Ford was found several blocks away, said police Lt. Robert Moynihan, adding that the incident occurred at dusk.

MAP of fatal hit-and-run scene in Springfield:


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Northampton police charge Springfield man for allegedly crashing through parking garage gate without paying

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Charles Chapin, 58, of 35 Anthony St. is accused of driving through a gate at the E. John Gare Parking Garage in Northampton without paying.

NORTHAMPTON — A Springfield man who claims he succumbed to pressure from honking motorists crashed through a city parking garage gate without paying Saturday night, according to police and news reports.

A Northampton Police Department spokesman couldn't be reached for comment Monday morning, but a city police officer confirmed the weekend incident at the E. John Gare Parking Garage. That's where 58-year-old Douglas Chapin, of 35 Anthony St., East Springfield, allegedly crashed through a wooden exit gate without paying just after 9 p.m. Saturday.

Chapin told police he was unaware he had to pay for using the parking garage. He said he crashed through the exit gate, breaking it in two, because vehicles behind him were honking their horns, the Daily Hampshire Gazette reports.

Chapin fled the area in a Nissan Ultima. A driver exiting the parking garage behind him provided police with a vehicle description and plate number, and Chapin was apprehended by police in Holyoke about a half-hour later.

Chapin is expected to be arraigned today in Northampton District Court on a charge of malicious destruction of property valued less than $250.

Springfield group to protest foreclosure evictions

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Candlelight vigils are planned in Springfield to spotlight the expected evictions of two families whose homes are in foreclosure.

SPRINGFIELD, Mass. (AP) — Candlelight vigils are planned in Springfield to spotlight the expected evictions of two families whose homes are in foreclosure.

Community organizer Malcolm Chu said banks are in the process of evicting the families and have scheduled move-out dates for Wednesday. Community members, along with the Springfield No One Leaves Bank Tenant Association, will hold the vigils Monday and Tuesday.

The group wants the banks to accept rent or sell back homes at market value rather than evicting. Members say they are prepared to use civil disobedience to block the evictions.

Gov. Deval Patrick to sign Mashpee Wampanoag tribal casino compact

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Patrick on Monday is set to sign the compact, which promises the state 21.5 percent of gambling revenue if the tribe succeeds in developing a resort casino in Taunton.

mashpee wampanoagThis file image of an artist rendering released Apirl 26, 2012 by the Mashpee Wampanoag Tribe depicts a resort casino that the tribe has proposed be built in Taunton, Mass. The plan calls for a 150,000 square foot casino, three hotels, retail stores and a family-oriented water park. The state and the Mashpee Wampanoag Tribe have reached a tentative agreement on a compact for a resort casino in Taunton. (AP Photo/Mashpee Wampanoag Tribe, File)

BOSTON (AP) — Massachusetts Gov. Deval Patrick is set to give final approval to a tribal casino compact with the Mashpee Wampanoag tribe.

Patrick on Monday is set to sign the compact, which promises the state 21.5 percent of gambling revenue if the tribe succeeds in developing a resort casino in Taunton.

The tribe has proposed a $500 million casino on 146 acres of land at the junction of Routes 24 and 140. The complex, to be built in stages over a five-year period, also would include three 300-room hotels, retail shops, meeting space for business events and a family water park.

Under new state law, allowing up to three resort casinos, federally-recognized Indian tribes are given exclusive rights to build a casino in southeastern Massachusetts.

Mass. father under extreme stress before police say he shot children, killed self

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Worcester District Attorney Joseph Early Jr. has said that 41-year-old Daryl Benway separated from his wife just weeks before Saturday night's shootings.

Kelleen BenwayIn this Saturday, July 28, 2012 photo, Kelleen Benway is detained by a police officer after she returned to her home on Main Street in Oxford, Mass. where multiple shootings occurred. Daryl Benway, 41, who had recently separated from Kelleen, shot his two children, killing his 7-year-old daughter, before committing suicide, prosecutors said. Kelleen was later released. (AP Photo/Worcester Telegram & Gazette, Steve Lanava)

OXFORD, Mass. (AP) — Friends of a Massachusetts man police say fatally shot his 7-year-old daughter, critically injured his 9-year-old son, and killed himself had been under extreme stress recently.

Worcester District Attorney Joseph Early Jr. has said that 41-year-old Daryl Benway separated from his wife just weeks before Saturday night's shootings.

Friends and neighbors tell The Boston Globe that Benway had also recently lost his job and feared foreclosure.

A family member called police after finding the bodies of Benway and his daughter, Abigail, in their Oxford home.

Benway's son, Owen, was found shot in the head in the kitchen and was taken to UMass Memorial Children's Medical Center where he remained Sunday night.

Benway's wife returned home after the shootings, unaware of what happened, to find police and TV crews.

Apple, Samsung to face off in court over iPhone, iPad

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Apple Inc. filed a lawsuit against Samsung Electronics Co. last year alleging the world's largest technology company's smartphones and computer tablets are illegal knockoffs of its popular iPhone and iPad products.

apple and samsung trialIn this Aug. 25, 2011 file photo, an attorney holds an Apple iPad, left, and a Samsung Galaxy Tab 10.1 at the regional court in Duesseldorf, Germany. The two tech Titans will square off in federal court Monday, July 30, 2012, in a closely watched trial over control of the U.S. smart phone and computer tablet markets. Apple Inc. filed a lawsuit against Samsung Electronics Co. last year alleging the world's largest technology company's smartphones and computer tablets are illegal knockoffs of its popular iPhone and iPad products. (AP Photo/dapd, Sascha Schuermann, File)

By PAUL ELIAS, Associated Press

SAN FRANCISCO (AP) — Two tech titans will square off in federal court Monday in a closely watched trial over control of the U.S. smartphone and computer tablet markets.

Apple Inc. filed a lawsuit against Samsung Electronics Co. last year alleging the world's largest technology company's smartphones and computer tablets are illegal knockoffs of its popular iPhone and iPad products. The Cupertino-based company is demanding $2.5 billion in damages, an award that would dwarf the largest patent-related verdict to date.

Samsung counters that Apple is doing the stealing and that some of the technology at issue — such as the rounded rectangular designs of smartphones and tablets — has been industry standards for years.

The U.S. trial is just the latest skirmish between the two over product designs. A similar trial began last week, and the two companies have been fighting in courts in the United Kingdom and Germany. The case is one of some 50 lawsuits among myriad telecommunications companies jockeying for position in the burgeoning $219 billion market for smartphones and computer tablets.

In the United States, U.S. District Judge Lucy Koh in San Jose last month ordered Samsung to pull its Galaxy 10.1 computer tablet from the U.S. market pending the outcome of the trial, though the judge barred Apple attorneys from telling the jurors about the ban.

"That's a pretty strong statement from the judge and shows you what she thinks about some of Apple's claims," said Bryan Love, a Santa Clara University law professor and patent expert. Love said that even though the case will be decided by 10 jurors, the judge has the authority to overrule their decision if she thinks they got it wrong.

"In some sense the big part of the case is not Apple's demands for damages but whether Samsung gets to sell its products," said Mark A. Lemley, a Stanford Law School professor and director of the Stanford Program in Law, Science, and Technology.

Lemley also said a verdict in Apple's favor could send a message to consumers that Android-based products such as Samsung's are in legal jeopardy. A verdict in Samsung's favor, especially if it prevails on its demands that Apple pay its asking price to certain transmission technology it controls, could lead to higher-priced Apple products.

Lemley and other legal observers say it's rare that a patent battle with so much at stake doesn't settle short of a trial. Court-ordered mediation sessions attended by Apple's chief executive Tim Cook and high-ranking Samsung officials failed to resolve the legal squabble, leading to a highly technical trial of mostly expert witnesses opining on patent laws and technology. Cook is not on the witness list and is not expected to testify during what is expected to be a four week-trial.

Lemley, Love and others say it also appears that Apple was motivated to file the lawsuit, at least in part, by its late founder's public avowals that companies using Android to create smartphones and other products were brazenly stealing from Apple. To that end, Samsung's attorneys made an unsuccessful pitch to have the jury hear excerpts from Steve Jobs' authorized biography.

"I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong, I'm going to destroy Android, because it's a stolen product," Jobs is quoted as saying in Walter Isaacson's book "Steve Jobs" published in November. "I'm willing to go thermonuclear war on this."

But the judge barred those statements in a ruling earlier this month.

"I really don't think this is a trial about Steve Jobs," Koh said.

In court papers filed last week, each company laid out its legal strategy in so-called "trial briefs."

Apple lawyers argue there is almost no difference between Samsung's products and Apple's and that the South Korean company's internal documents show it copied Apple's iconic designs and its interface.

"Samsung once sold a range of phones and a tablet of its own design," Apple lawyers argue in their documents filed Wednesday. "Now Samsung's mobile devices not only look like Apple's iPhone and iPad, they use Apple's patented software features to interact with the user."

Samsung denies the allegation and counter-charges that Apple copied its iconic iPhone from Sony. Samsung lawyers noted that the company has been developing mobile phones since 1991 and that Apple jumped into the market only in 2007.

"In this lawsuit, Apple seeks to stifle legitimate competition and limit consumer choice to maintain its historically exorbitant profits," Samsung lawyers wrote in their trial brief also filed Wednesday. "Android phones manufactured by Samsung and other companies — all of which Apple has also serially sued in numerous forums worldwide — offer consumers a more flexible, open operating system with greater product choices at a variety of price points as an alternative to Apple's single, expensive and closed-system devices."

"Between 2005 and 2010 alone, Samsung invested $35 billion in research and development relating to telecommunications technology, with over 20,000 engineers worldwide dedicated to telecommunications research and development," Samsung's lawyers wrote.

"One thing that is notable is that this trial is happening at all," said Love, the Santa Clara law professor and patent expert. He said that in an industry such as this where so many companies hold so many vital patents needed by all players, lawsuits are viewed as toying with "mutually assured destruction" and that most disputes are solved through "horse trading" and agreements to share intellectual property and royalties.PAUL ELIAS,Associated Press


SAN FRANCISCO (AP) — Two tech titans will square off in federal court Monday in a closely watched trial over control of the U.S. smartphone and computer tablet markets.

Apple Inc. filed a lawsuit against Samsung Electronics Co. last year alleging the world's largest technology company's smartphones and computer tablets are illegal knockoffs of its popular iPhone and iPad products. The Cupertino-based company is demanding $2.5 billion in damages, an award that would dwarf the largest patent-related verdict to date.

Samsung counters that Apple is doing the stealing and that some of the technology at issue — such as the rounded rectangular designs of smartphones and tablets — has been industry standards for years.

The U.S. trial is just the latest skirmish between the two over product designs. A similar trial began last week, and the two companies have been fighting in courts in the United Kingdom and Germany. The case is one of some 50 lawsuits among myriad telecommunications companies jockeying for position in the burgeoning $219 billion market for smartphones and computer tablets.

In the United States, U.S. District Judge Lucy Koh in San Jose last month ordered Samsung to pull its Galaxy 10.1 computer tablet from the U.S. market pending the outcome of the trial, though the judge barred Apple attorneys from telling the jurors about the ban.

"That's a pretty strong statement from the judge and shows you what she thinks about some of Apple's claims," said Bryan Love, a Santa Clara University law professor and patent expert. Love said that even though the case will be decided by 10 jurors, the judge has the authority to overrule their decision if she thinks they got it wrong.

"In some sense the big part of the case is not Apple's demands for damages but whether Samsung gets to sell its products," said Mark A. Lemley, a Stanford Law School professor and director of the Stanford Program in Law, Science, and Technology.

Lemley also said a verdict in Apple's favor could send a message to consumers that Android-based products such as Samsung's are in legal jeopardy. A verdict in Samsung's favor, especially if it prevails on its demands that Apple pay its asking price to certain transmission technology it controls, could lead to higher-priced Apple products.

Lemley and other legal observers say it's rare that a patent battle with so much at stake doesn't settle short of a trial. Court-ordered mediation sessions attended by Apple's chief executive Tim Cook and high-ranking Samsung officials failed to resolve the legal squabble, leading to a highly technical trial of mostly expert witnesses opining on patent laws and technology. Cook is not on the witness list and is not expected to testify during what is expected to be a four week-trial.

Lemley, Love and others say it also appears that Apple was motivated to file the lawsuit, at least in part, by its late founder's public avowals that companies using Android to create smartphones and other products were brazenly stealing from Apple. To that end, Samsung's attorneys made an unsuccessful pitch to have the jury hear excerpts from Steve Jobs' authorized biography.

"I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong, I'm going to destroy Android, because it's a stolen product," Jobs is quoted as saying in Walter Isaacson's book "Steve Jobs" published in November. "I'm willing to go thermonuclear war on this."

But the judge barred those statements in a ruling earlier this month.

"I really don't think this is a trial about Steve Jobs," Koh said.

In court papers filed last week, each company laid out its legal strategy in so-called "trial briefs."

Apple lawyers argue there is almost no difference between Samsung's products and Apple's and that the South Korean company's internal documents show it copied Apple's iconic designs and its interface.

"Samsung once sold a range of phones and a tablet of its own design," Apple lawyers argue in their documents filed Wednesday. "Now Samsung's mobile devices not only look like Apple's iPhone and iPad, they use Apple's patented software features to interact with the user."

Samsung denies the allegation and counter-charges that Apple copied its iconic iPhone from Sony. Samsung lawyers noted that the company has been developing mobile phones since 1991 and that Apple jumped into the market only in 2007.

"In this lawsuit, Apple seeks to stifle legitimate competition and limit consumer choice to maintain its historically exorbitant profits," Samsung lawyers wrote in their trial brief also filed Wednesday. "Android phones manufactured by Samsung and other companies — all of which Apple has also serially sued in numerous forums worldwide — offer consumers a more flexible, open operating system with greater product choices at a variety of price points as an alternative to Apple's single, expensive and closed-system devices."

"Between 2005 and 2010 alone, Samsung invested $35 billion in research and development relating to telecommunications technology, with over 20,000 engineers worldwide dedicated to telecommunications research and development," Samsung's lawyers wrote.

"One thing that is notable is that this trial is happening at all," said Love, the Santa Clara law professor and patent expert. He said that in an industry such as this where so many companies hold so many vital patents needed by all players, lawsuits are viewed as toying with "mutually assured destruction" and that most disputes are solved through "horse trading" and agreements to share intellectual property and royalties.

Colorado shooting suspect James Holmes faces formal charges

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Colorado prosecutors are filing formal charges Monday against James Eagan Holmes, the former neuroscience student accused of killing 12 people and wounding 58 others at an Aurora movie theater.

colorado shooting memorialPeople look a cross at the memorial across from the movie theater, Sunday, July 29, 2012 in Aurora, Colo, where twelve people were killed and more than 50 wounded in a shooting attack on July 20. (AP Photo/Alex Brandon)

By NICHOLAS RICCARDI, Associated Press

DENVER (AP) — Launching a case that legal analysts expect to be dominated by arguments over the defendant's sanity, Colorado prosecutors are filing formal charges Monday against James Eagan Holmes, the former neuroscience student accused of killing 12 people and wounding 58 others at an Aurora movie theater.

Attorneys also are arguing over a defense motion to find out who leaked information to the news media about a package the 24-year-old former neuroscience graduate student allegedly sent to his psychiatrist at the University of Colorado Denver.

Authorities seized the package July 23, three days after the shooting, after finding it in the mailroom of the medical campus where Holmes studied. Several media outlets reported that it contained a notebook with descriptions of an attack, but Arapahoe County District Attorney Carol Chambers said in court papers that the parcel hadn't been opened by the time the "inaccurate" news reports appeared.

Holmes allegedly began stockpiling gear for his assault four months ago, and authorities say he bought his weapons in May and June, well before the shooting spree just after midnight during a showing of the Batman film "''The Dark Knight Rises." He was arrested by police outside the theater.

Analysts say that means it's likely there's only one main point of legal dispute between prosecutors and the defense.

"I don't think it's too hard to predict the path of this proceeding," said Craig Silverman, a former chief deputy district attorney in Denver. "This is not a whodunit. ... The only possible defense is insanity."

Under Colorado law, defendants are not legally liable for their acts if their minds are so "diseased" that they cannot distinguish between right and wrong. However, the law warns that "care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions."

Experts say there are two levels of insanity defenses. Holmes' public defenders could argue he is not mentally competent to stand trial, like Jared Loughner, who killed six people when he shot Arizona Rep. Gabrielle Giffords in Tucson in 2011. Loughner has pleaded not guilty to charges in the shooting. He has been diagnosed with schizophrenia and is undergoing treatment at a Missouri prison facility in a bid to make him mentally fit to stand trial.

6 James Holmes mugs 72512.jpgThis photo combination shows a variety of facial expressions of James E. Holmes during his appearance at Arapahoe County District Court last Monday in Centennial, Colo. Holmes is accused of killing 12 and wounding 58 in a shooting rampage in a movie theater on Friday in Aurora, Colo.

If Holmes' attorneys cannot convince the court that he is mentally incompetent, and he is convicted, they can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors will decide whether to seek the death penalty in the coming weeks.

Holmes was not expected to enter pleas on Monday.

Holmes ultimately could enter a plea to the anticipated dozen first-degree murder charges verbally, or his attorneys could enter it for him. Prosecutors may file multiple counts of attempted first-degree murder and other charges against Holmes, whom Aurora police say booby-trapped his apartment with the intent to kill any officers responding there the night of the theater attack.

A woman who was critically wounded and whose 6-year-old daughter was killed suffered a miscarriage, her family said Saturday. The family of Ashley Moser said the trauma caused the miscarriage. Moser's daughter, Veronica Moser-Sullivan, was the youngest person killed in the attack.

Sam Kamin, a law professor at the University of Denver, said there is "pronounced" evidence that the attack was premeditated, which would seem to make an insanity defense difficult. "But," he said, "the things that we don't know are what this case is going to hinge on, and that's his mental state."

With an unruly mop of orange hair, Holmes appeared bleary-eyed and distracted during his brief initial appearance in court last week. He did not speak.

Friends in Southern California, where Holmes grew up, describe him as a smart, sometimes awkward youth fascinated by science. He came to Colorado's competitive neuroscience doctoral program in June 2011. A year later, he dropped out shortly after taking his year-end exam.

District Court Judge William Blair Sylvester has tried to tightly control the flow of information about Holmes, placing a gag order on lawyers and law enforcement, sealing the court file and barring the university from releasing public records relating to Holmes' year there. A consortium of media organizations, including The Associated Press, is challenging Sylvester's sealing of the court file.

On Friday, court papers revealed that Holmes was seeing a psychiatrist at the university. But they did not say how long he was seeing Dr. Lynne Fenton and if it was for a mental illness or another problem.

The University of Colorado's website identified Fenton as the medical director of the school's Student Mental Health Services. An online resume listed schizophrenia as one of her research interests and stated that she sees 10 to 15 graduate students a week for medication and psychotherapy, as well as 5 to 10 patients in her general practice as a psychiatrist.

Authorities say Holmes legally purchased four guns before the attack at Denver-area sporting goods stores — a semiautomatic rifle, a shotgun and two pistols. To buy the guns, Holmes had to pass background checks that can take as little as 20 minutes in Colorado.


Report of gunshots fired in Library Lane South area of Sturbridge lead to filing of charges against man and woman

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The two were charged with possession of a firearm without a license and discharging a firearm within 500 feet of a dwelling.

STURBRIDGE – Police, summoned to the area of Library Lane South for a report of gunshots Sunday afternoon, charged a 35-year-old man and 33-year-old woman with possession of a firearm without a license.

The incident was reported shortly before 3 p.m. and Officer Ronald Obuchowski determined that probable cause existed that would support criminal complaint applications against the suspects, according to a release issued by police.

Richard R. Kline and Catherine E. Newman, both of 19 Library Lane South, were also charged with discharge of a firearm within 500 feet of a dwelling, police said.

Police said the weapon and ammunition used were removed and secured as evidence.

Ongoing roadwork on Springfield Street in Wilbraham expected to cause traffic delays

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A section of Springfield Street in Wilbraham is being repaved from the Springfield city line to Stony Hill road.

WILBRAHAHAM — Ongoing roadwork on Springfield Street is expected to cause traffic delays on Monday, according to Wilbraham police, who are urging motorists to find alternate routes if possible.

Traffic will be allowed to pass through the construction zone on Springfield Street, which is being repaved from the Springfield city line near Old Lane to Stony Hill Road, but on an alternating basis. That's likely to slow down the morning commute, with drivers in each direction having to wait their turn to pass through the construction area.

"If they can avoid that area, that would be a good idea," a police spokesman said.

Springfield Street is the main route leading from Wilbraham to Springfield. Possible alternate routes to avoid delays include Boston and Tinkham roads.

Mitt Romney comments at fundraiser outrage Palestinians

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Mitt Romney told Jewish donors Monday that their culture is part of what has allowed them to be more economically successful than the Palestinians, outraging Palestinian leaders who called his comments racist and out of touch.

072912 Mitt RomneyRepublican presidential candidate and former Massachusetts Gov. Mitt Romney delivers a speech in Jerusalem, Sunday, July 29, 2012. (AP Photo/Charles Dharapak)

By KASIE HUNT, Associated Press

JERUSALEM (AP) — Mitt Romney told Jewish donors Monday that their culture is part of what has allowed them to be more economically successful than the Palestinians, outraging Palestinian leaders who called his comments racist and out of touch.

"As you come here and you see the GDP per capita, for instance, in Israel which is about $21,000 dollars, and compare that with the GDP per capita just across the areas managed by the Palestinian Authority, which is more like $10,000 per capita, you notice such a dramatically stark difference in economic vitality," the Republican presidential candidate told about 40 wealthy donors who breakfasted around a U-shaped table at the luxurious King David Hotel.

The reaction of Palestinian leaders to Romney's comments was swift and pointed.

"It is a racist statement and this man doesn't realize that the Palestinian economy cannot reach its potential because there is an Israeli occupation," said Saeb Erekat, a senior aide to Palestinian President Mahmoud Abbas.

"It seems to me this man (Romney) lacks information, knowledge, vision and understanding of this region and its people," Erekat added. "He also lacks knowledge about the Israelis themselves. I have not heard any Israeli official speak about cultural superiority."

The economic disparity between the Israelis and the Palestinians is actually much greater than Romney stated. Israel had a per capita gross domestic product of about $31,000 in 2011, while the West Bank and Gaza had a per capita GDP of just over $1,500, according to the World Bank.

Romney, seated next to billionaire casino owner Sheldon Adelson at the head of the table, told donors at his fundraiser that he had read books and relied on his own business experience to understand why the difference is so great.

"And as I come here and I look out over this city and consider the accomplishments of the people of this nation, I recognize the power of at least culture and a few other things," Romney said, citing an innovative business climate, the Jewish history of thriving in difficult circumstances and the "hand of providence."

Romney, in comparing the Israeli and Palestinian economies, made no mention of the fact that Israel has controlled the West Bank, Gaza Strip and east Jerusalem since capturing them in the 1967 war. Israel withdrew from Gaza in 2005, but continues to control access, and has enforced a crippling border blockade since the Islamic militant Hamas seized the territory in 2007.

In the West Bank, Israel retains overall control, and Palestinians only have limited self-rule. Israel controls all border crossings in and out of the West Bank, and continues to restrict Palestinian trade and movement.

The World Bank and the International Monetary Fund have said repeatedly that the Palestinian economy can only grow if Israel lifts those restrictions.

"It's Israeli occupiers and Palestinians under occupation, and that's why Palestinians cannot realize their potential," Erekat said.

The breakfast with top donors — including Adelson, New York Jets owner Woody Johnson and hedge fund manager Paul Singer — concluded Romney's visit to Israel, the second leg of a three-nation overseas tour designed to bolster the his foreign policy credentials.

Standing on Israeli soil for the first time as the GOP's presumptive presidential nominee, Romney on Sunday declared Jerusalem to be the capital of the Jewish state and said the United States has promised never to "look away from our passion and commitment to Israel."

The status of Jerusalem is a critical issue in peace talks between the Israelis and the Palestinians.

During his visit to Israel, Romney did not meet with Abbas or visit the West Bank. He held a brief meeting with Palestinian Prime Minister Salam Fayyad.

Romney's campaign says his trip abroad, which began in England last week, is aimed at improving the former Massachusetts governor's foreign policy experience through a series of meetings with foreign leaders. The candidate has largely avoided direct criticism of U.S. President Barack Obama while on foreign soil.

The Jerusalem fundraiser, however, was a political event that raised more than $1 million for Romney's campaign. It marks at least the second finance event during his tour. The first, in London, attracted about 250 people to a $2,500 per person fundraiser.

Both presidential candidates have aggressively courted American donors living abroad, a practice that is legal and has been used for decades.

Romney's declaration that Jerusalem is Israel's capital was keeping with claims made by Israeli governments for decades, even though the United States, like other nations, maintains its embassy in Tel Aviv.

His remarks on the subject during his speech drew a standing ovation from his audience, which included Adelson, the American businessman who has promised to donate more than $100 million to help defeat Obama.

Adelson was among a several donors who flew to Israel for a day of sightseeing with Romney in addition to private meetings with top Israeli officials.

A group of donors also met with a top aide to President Benjamin Netanyahu, one donor said on the condition of anonymity to discuss private meetings.

Romney met with Netanyahu and other leaders before his speech Sunday. He also visited the Western Wall, Judaism's holiest site, where he was mobbed by worshippers.

In his remarks, Romney steered clear of overt criticism of Obama, even though he said the threat of a nuclear-armed Iran "has only become worse" in the past five years.

Romney flew to the Middle East from Britain, where he caused a stir by questioning whether officials there were fully prepared for the Olympic Games. A stop in Poland will complete his trip.

Four years ago, Obama visited Israel as a presidential candidate, part of a five-nation trip meant to establish his own foreign policy credentials.

A goal of Romney's overseas trip is to demonstrate his confidence on the world stage, but his stop in Israel also was designed to appeal to evangelical voters at home and to cut into Obama's support among Jewish voters and donors. A Gallup survey of Jewish voters released Friday showed Obama with a 68-25 edge over Romney.

Romney and other Republicans have said Obama is insufficiently supportive of Israel.
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AP writers Amy Teibel and Karin Laub in Jerusalem and Steve Peoples in Washington contributed to this report.

West Springfield police, responding to Wentworth Estates, charge Lynn resident Christopher Columbo, 20, with rape and other charges

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Police were summoned to Wentworth Estates for a report of an unwanted person shortly before 11 p.m.

WEST SPRINGFIELD – Police arrested a 20-year-old Lynn man in connection with a rape and other charges Sunday night after responding to a report of an unwanted person at Wentworth Estates on Memorial Avenue Sunday night.

Christopher J. Columbo, of 47 Collin St., Apt. 6, Lynn, was also charged with trespass, resisting arrest, intimidation of a witness, assault and battery, malicious destruction of property over $250 and breaking and entering a building in the nighttime for felony, police documents state. Police were summoned to Wentworth Estates shortly before 11 p.m.

Police were not immediately available for comment Monday.

This is a developing story. Details will be added as soon as they are available.

Scoopful of Ice Cream: Ben and Jerry's Cake Batter review

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Ben and Jerry's Cake Batter nothing like the real thing.

cake.jpg

I have a confession to make, I love yellow cake batter more than actual cake. There is just something so delicious about licking a whisk that is dripping with the super sweet batter. Yes, I know it contains raw eggs and yes I know it’s meant to be eaten after it comes out all golden brown from the oven, but if given the choice I will take several spoonfuls of batter before a piece of cake any day.

I take comfort in the fact that I must not be the only cake batter lover out there since Ben and Jerry’s has devoted a whole flavor to it. Described as cake batter flavored ice cream with a chocolate frosting swirl, B&J’s Cake Batter immediately caught my eye in the freezer isle at Stop & Shop.

Ben and Jerry’s makes some of my favorite premium ice creams including Phish Food and most recently Chocolate Therapy, which I will be reviewing at some point, but I’ve never been a fan of their non-chocolate variety of ice creams. I was hoping this sweet concoction would change my mind, but alas, it failed, oh so miserably.

When you first pop the top of the ice cream you are hit with a blast of sweet yellow cake batter. Peeking out from the mellow yellow ice cream is a thick chocolate frosting swirl. This ice cream smelled so much like the real deal that I couldn’t imaging it being anything less than perfect, but something was off and I couldn’t quite put my finger on it.

The chocolate frosting swirl is perfect, it tastes exactly like store bought chocolate frosting would taste if you put it in the fridge for a few hours, cold but still smooth and creamy.

The problem here is the ice cream. The first bite was reminiscent of yellow cake batter, but with a metallic aftertaste. At first I thought maybe something was wrong with my spoon, so I switched to a plastic spoon instead, but the metallic taste persisted. Looking at the ingredients it seems like your everyday ice cream recipe of cream, milk, sugar, and then I saw it, the ingredient list includes turmeric for coloring. I don’t know why but I’ve always found turmeric to have a metallic taste and I think that’s what’s ruining this treat for me.

IceCream_Rating_1.jpg

Very rarely do I throw away a pint of ice cream, but there is no way I was going to be able to finish this one. I couldn’t event get through a bowl of it. I just can’t recommend this flavor. I give it one scoop only because the frosting was dead on.

Calling hours for fallen Westfield police officer Jose Torres scheduled for Monday afternoon

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The wake at Firtion Adams Funeral Home, 76 Broad St., will open to family and law enforcement officers at 2 p.m. Monday.

WESTFIELD -- Calling hours for police officer Jose Torres, killed in an accident at a Pontoosic Road construction site Thursday, will be held this afternoon.

The wake at Firtion Adams Funeral Home, 76 Broad St., will open to family and law enforcement officers at 2 p.m. Monday. Members of the public are asked to arrive after 2:45 p.m.

Funeral services will be held in the Dever Auditorium at Westfield State University's Parenzo Hall at 11 a.m. Tuesday. A burial service will follow at Pine Hill Cemetery.

The Sons of Erin on Williams Street will host a gathering after the burial.

Only family members, invited guests, and Westfield police officers and employees will be allowed at the funeral home Tuesday. Members of the public are asked to go directly to Westfield State University for the funeral service. Public parking will be available at the university's commuter lot.

Torres, a 27-year veteran of the Westfield Police Department, died Thursday after being struck by a dump truck while directing traffic at a water line replacement project. The accident was reported shortly before 7:30 a.m., and the 53-year-old officer was taken to Baystate Medical Center in Springfield, where he was pronounced dead at about 9:30 a.m.

The accident remains under investigation.

An Army veteran, Torres was twice honored for heroism during his tenure at the police department and in 2001 was recognized for his achievements by the Westfield Spanish American Association.


View Wake and funeral services for Westfield police officer Jose Torres in a larger map

Business Monday from The Republican: Friendly's goes back to basics after bankruptcy

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Start the week informed with Business Monday from The Republican for July 30, 2012.

John Maguire, Friendly's CEOFriendly's CEO John M. Maguire at the company's Wilbraham headquarters..

Start the week informed with Business Monday from The Republican for July 30, 2012:

New Friendly's CEO John Maguire wants chain to get back to basics
Maguire wasn’t CEO during the bankruptcy, but he said the alternative would have been to close the chain. He said the bankruptcy saved 377 restaurants and about 5,700 jobs. Read more »


Springfield's Gus & Paul's bakery busy after owner speaks out
Gordon R. Weissman, owner of Gus & Paul’s, spoke up about the competition he faces from big-box retailers he says make an inferior product. Read more »


Boston Business Journal editorial: Boston Mayor Thomas Menino's rant against Chick-fil-A was foolish, offensive
Staking out an offensive political position ought not disqualify anyone from running a reputable business. Read more »

More Business Monday

Voices of the Valley: Donna Reed, The Pink Petal Boutique and Gifts, South Hadley

U.S. prepares to auction leases of huge tracts off East Coast shore for wind farms

United Technologies sees 14 percent increase in profit despite 5 percent drop in sales

United Technologies to sell Hamilton Sundstrand divisions to BC Partners, Carlyle Group for $3.46 billion

Bank of America, Wells Fargo, Citigroup used same vendors that got Capital One in trouble with feds

Commentary: Sandusky child rape scandal at Penn State could have been avoided with proper legal counsel


Notebooks:

Boston Business Journal, Business bits: Big Papi's waived, NY Times unloads Red Sox shares, Dunkin Donuts eyes Latin America expansion, and more

Western Mass. Business etc: Mass. survey shows consumer education needed, Springfield College earns energy rebates, Crocker honored for excellence, and more


Partly cloudy, seasonal, high 83

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Partly cloudy this afternoon, an isolated shower returns tomorrow.

Some areas of fog start off our Monday morning, which may also masquerade as low-level cloud cover to filter out some of the sunshine to start off the day. With an area of high pressure quickly passing overhead, however, we will see a partly cloudy and dry day for the rest of Monday. High temperatures will once again be in the lower-80s, but the humidity should remain just a little bit lower compared to this weekend.

Enjoy Monday if you can because late-day scattered showers and thunderstorms will dominate a majority of the workweek. It is not expected to be a total washout all week long, but a large upper-level trough over the Northeast will keep us on our toes for those pop-up thunderstorms all the way through the workweek. We'll start with partly sunny skies and isolated showers on Tuesday, and then a few more clouds and scattered showers for Wednesday. Temperatures continue to stay seasonal (low-to-mid 80s), but the humidity stays a little bit elevated for a while as well.

Monday: Partly cloudy, seasonal, high 83.

Tonight: Variable clouds, a little muggy, low 64.

Tuesday: Partly sunny, an isolated shower/thunderstorm, muggy, high 82.

Wednesday: Mostly cloudy, scattered showers and thunderstorms, muggy, high 84.

In Obama era, have race relations improved?

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In the afterglow of Barack Obama's historic victory, most people in the United States believed that race relations would improve. Nearly four years later, has that dream come true?

073012obama.jpgIn this July 24, 2012, photo, President Barack Obama speaks at a fundraising event at the Oregon Convention Center in Portland, Ore.

By JESSE WASHINGTON
AP National Writer

PHILADELPHIA (AP) — Ask Americans how race relations have changed under their first black president and they are ready with answers.

Ashley Ray, a white woman, hears more people debating racial issues. "I know a lot of people who really thought we were OK as a nation, a culture, and now they understand that we're not," she says.

Karl Douglass, a black man, sees stereotypes easing. "White people deal with me and my family differently," he says.

Jose Lozano, who is Hispanic by way of Puerto Rico, believes prejudice is emerging from the shadows. "Now the racism is coming out," he says.

In the afterglow of Barack Obama's historic victory, most people in the United States believed that race relations would improve. Nearly four years later, has that dream come true? Americans have no shortage of thoughtful opinions, and no consensus.

As the nation moves toward the multiracial future heralded by this son of an African father and white mother, the events of Obama's first term, and what people make of them, help trace the racial arc of his presidency.

Shortly before the 2008 election, 56 percent of Americans surveyed by the Gallup organization said that race relations would improve if Obama were elected. One day after his victory, 70 percent said race relations would improve and only 10 percent predicted they would get worse.

Just weeks after taking office, Obama said, "There was justifiable pride on the part of the country that we had taken a step to move us beyond some of the searing legacies of racial discrimination."

Then he joked, "But that lasted about a day."

Or, rather, three months.

By July 2009, the black Harvard professor Henry Louis Gates was arrested for yelling at a white police officer who questioned whether Gates had broken into his own home. Asked to comment, Obama said he didn't know all the facts, but Gates was a personal friend and the officer had acted "stupidly."

The uproar was immediate. Obama acknowledged afterward, "I could've calibrated those words differently."

Ed Cattaneo, a retired computer training manager from Cape May, N.J., points to that episode as evidence of how Obama has hurt race relations.

"He's made them terrible," says Cattaneo, who is white. He also sees Obama as siding against white people through actions such as his Justice Department's decision to drop voter intimidation charges against New Black Panthers and in a program to turn out the black vote called "African-Americans for Obama."

Larry Sharkey, also white, draws different conclusions from the past four years.

"Attitudes are much better," Sharkey says as he slices raw meat in a Philadelphia butcher shop. He remembers welcoming a black family that moved next door to him 20 years ago in Claymont, Del. A white neighbor advised him not to associate with the new arrivals, warning, "Your property values are going to go down."

That kind of thing would never happen today, Sharkey says.

As Obama dealt with fallout from the Gates affair during the summer of 2009, the tea party coalesced out of opposition to Obama's stimulus and health care proposals. The vast majority of tea partyers were white. A small number of them displayed racist signs or were connected to white supremacist groups, prompting the question: Are Obama's opponents motivated by dislike of the president's policies, his race — or both?

As that debate grew, Obama retreated to the race-neutral stance that has been a hallmark of his career. An October 2009 Gallup poll showed a large drop in racial optimism since the election, with 41 percent of respondents saying that race relations had improved under Obama. Thirty-five percent said there was no change and 22 percent said race relations were worse.

The president has discussed race in occasional speeches to groups such as the National Urban League or the National Council of La Raza, and in interviews with Hispanic and African-American media outlets. But he usually walks a careful line, allowing the nation to get used to the idea of a black president without doing things to make race seem a central aspect of his governance.

"There is a totally different psychological frame of reference that this country has never had," says William Smith, executive director of the National Center for Race Amity at Wheelock College.

He cites evidence of progress from the mindset of children in his programs to new history curriculums in Deep South schools.

"To me, that's a quantum leap," Smith says.

Douglass, a real estate agent from Columbus, Ga., says white people seem less surprised to see him with his wife and daughter in places such as an art museum or a foreign language school.

"I think white people deal with me and my family differently since an African-American man is leader of the free world and a nuclear black family lives in the White House," he says.

But Steven Chen, an Asian-American graduate student in Philadelphia, points to racial rhetoric he has heard directed toward Obama, in person and online, as proof that race relations have deteriorated.

He also has observed a more visible sign of division: fewer Obama T-shirts.

"When he was elected, it was an American thing. People of all races wore them," says Chen. "Today it's a distinctly black phenomenon."

Ray, a graduate school administrator from Chicago, is uncertain whether race relations have remained the same or gotten worse.

It's good that people are talking about race more, she says, "but I know quite a few people who are sick of those discussions and blame him for all of it."

In the summer of 2010, race and politics collided again when Arizona Republicans passed an immigration law that critics said would lead to racial profiling of Hispanics.

Lozano, the police sergeant, remembers that when Obama visited Arizona and met with the governor, who supported the law, she wagged an angry finger in the president's face.

"That was ugly, I've never seen anything like that," says Lozano, who also is vice president of the Massachusetts Association of Minority Law Enforcement Officers. "There's no way that would have ever happened to a white president."

By the fall of 2010, Republicans had triumphed in the midterm elections and made history by electing Hispanic and Indian-American governors in New Mexico, South Carolina, and Nevada. Two black Republicans also went to Congress, from South Carolina and Florida.

Less than a year later, an August 2011 Gallup poll showed a further decline in racial optimism: 35 percent said race relations had improved due to Obama's election, 41 percent said no change, and 23 percent said things were worse.

Around this time, some African-American lawmakers and pundits openly complained about the president's refusal to specifically target any programs at high black unemployment. An interviewer from Black Entertainment Television asked Obama why not.

"That's not how America works," Obama replied.

Then came this February's killing of unarmed black teenager Trayvon Martin by neighborhood watchman George Zimmerman, whose father is white and mother is from Peru. Authorities initially declined to charge Zimmerman with a crime, causing a polarizing uproar.

This time, when asked about the case, Obama delivered a carefully calibrated message. He said all the facts were not known, the legal system should take its course — and that "if I had a son, he would look like Trayvon."

The comment was factual, but it still strikes Cattaneo as a coded message to black people that Obama is on their side. "A lot of people I talk to can't understand why a man who's half-white and half-black is so anti-white."

This April, in a poll by the National Journal and the University of Phoenix, 33 percent felt race relations were getting better, 23 percent said they were getting worse, and 42 percent said they were staying about the same.

So where are we now?

Four years after Obama smashed the nation's highest racial barrier, and less than four months before America will decide whether he deserves a second term, the nation is uncertain about the meaning of a black president.

Recently, Obama was asked in a Rolling Stone magazine interview if race relations were any different than when he took office.

"I never bought into the notion," Obama said, "that by electing me, somehow we were entering into a postracial period."

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Jesse Washington covers race and ethnicity for The Associated Press. He is reachable at www.twitter.com/jessewashington or jwashington(at)ap.org.

Colorado shooting suspect charges: Murder, attempted murder

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James Holmes was charged with 24 counts of murder, two each for the 12 victims, and 116 counts of attempted murder, two each for the 58 injured.

Karen Pearson,  Richard Orman, William Blair Sylvester,  James Holmes, Daniel King, Tamara Brady.In this courtroom sketch, suspect James Holmes, third from right, sits in district court Monday, July 30, 2012, in Centennial, Colo., during his arraignment where he was formally charged with 24 counts of murder and 116 counts of attempted murder in the shooting rampage at an Aurora movie theater, on July 20. From left are: Prosecutors Karen Pearson and Richard Orman; District Judge William Blair Sylvester; suspect James Holmes; and defense attorneys Daniel King and Tamara Brady. (AP Photo/Jeff Kandyba, Pool)

NICHOLAS RICCARDI,Associated Press
P. SOLOMON BANDA,Associated Press


CENTENNIAL, Colo. (AP) — James Holmes appeared just as dazed as he did in his first court appearance last week after the deadly Colorado movie theater shootings.

In a packed Denver-area courtroom Monday, Holmes, 24, sat silently and did not react as he heard formal charges against him, including first-degree murder for each of the 12 who died and attempted murder for each of the 58 people who were injured in one of the deadliest mass shootings in recent U.S. history.

At one point, a shackled Holmes, still with his hair dyed orange-red, leaned over to speak with one of his lawyers and furrowed his brow.

When the judge asked the former neuroscience student if he agreed with his attorney's request to delay a future court hearing so his defense team could have more time to prepare, Holmes said softly: "Yeah."

Some of the people in the court wore Batman T-shirts. Several people clasped their hands and bowed their heads as if in prayer before the hearing. At least one victim attended, and she was in a wheelchair and had bandages on her leg and arm. One unidentified man glared at Holmes throughout the hearing.

Holmes was charged with 24 counts of murder, two each for the 12 victims, and 116 counts of attempted murder, two each for the 58 injured.

For the murder charges, one count included murder with deliberation, the other murder with extreme indifference. Both counts carry a maximum death penalty upon conviction; the minimum is life without parole.

A conviction under extreme indifference means that any life sentences would have to be served consecutively, not concurrently, said Craig Silverman, a former chief deputy district attorney in Denver.

In addition, Holmes was charged with one count of possession of explosives and one count of a crime of violence. Authorities said booby trapped his apartment with the intent to kill any officers responding there the night of the attack.

Legal analysts expect the case to be dominated by arguments over the defendant's sanity.

Attorneys also argued over a defense motion to find out who leaked information to the news media about a package the 24-year-old Holmes allegedly sent to his psychiatrist at the University of Colorado Denver.

Authorities seized the package July 23, three days after the shooting, after finding it in the mailroom of the medical campus where Holmes studied.

Several media outlets reported that it contained a notebook with descriptions of an attack, but Arapahoe County District Attorney Carol Chambers said in court papers that the parcel hadn't been opened by the time the "inaccurate" news reports appeared.

Prosecutor Tamara Brady said Monday she will subpoena psychiatrist Lynne Fenton to testify in the dispute over whether a notebook is privileged because of a possible doctor-patient relationship. A hearing on the matter was set for Aug. 16.

District Chief Judge William Sylvester set an Aug. 9 hearing on a motion filed by news organizations seeking to have the case docket unsealed.

A hearing to update the status of the case was set for Sept. 27. A hearing to review evidence matters and to determine whether Holmes should continue to be held without bail was set for the week of Nov. 9.

Unlike Holmes' first court appearance July 23, Monday's hearing was not televised. At the request of the defense, Sylvester barred video and still cameras from the hearing, saying expanded coverage could interfere with Holmes' right to a fair trial.

Last week, Sylvester allowed a live video feed that permitted the world its first glimpse of the shooting suspect. With an unruly mop of orange hair, Holmes appeared bleary-eyed and distracted. He did not speak.

Security was tight for Monday's hearing. Armed officers were stationed on the roof of both buildings at the court complex, and law enforcement vehicles blocked entrances to the buildings.

Investigators said Holmes began stockpiling gear for his assault four months ago and bought his weapons in May and June, well before the shooting spree just after midnight during a showing of "The Dark Knight Rises." He was arrested by police outside the theater.

Analysts said that means it's likely there's only one main point of legal dispute between prosecutors and the defense.

"I don't think it's too hard to predict the path of this proceeding," Silverman said. "This is not a whodunit. ... The only possible defense is insanity."

Under Colorado law, defendants are not legally liable for their acts if their minds are so "diseased" that they cannot distinguish between right and wrong. However, the law warns that "care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions."

Experts said there are two levels of insanity defenses.

Holmes' public defenders could argue he is not mentally competent to stand trial, which is the argument by lawyers for Jared Loughner, who is accused of killing six people in 2011 in Tucson, Ariz., and wounding several others, including Rep. Gabrielle Giffords. Loughner, who has pleaded not guilty to 49 charges, has been diagnosed with schizophrenia and is undergoing treatment at a Missouri prison facility in a bid to make him mentally fit to stand trial.

If Holmes' attorneys cannot convince the court that he is mentally incompetent, and he is convicted, they can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors will decide whether to seek the death penalty in the coming weeks.

He ultimately could verbally enter a plea to the anticipated dozen first-degree murder charges, or his attorneys could enter it for him.

Sam Kamin, a law professor at the University of Denver, said there is "pronounced" evidence that the attack was premeditated, which would seem to make an insanity defense difficult. "But," he said, "the things that we don't know are what this case is going to hinge on, and that's his mental state."

Friends in Southern California, where Holmes grew up, describe him as a smart, sometimes awkward youth fascinated by science. He came to Colorado's competitive neuroscience doctoral program in June 2011. A year later, he dropped out shortly after taking his year-end exam.

Sylvester has tried to tightly control the flow of information about Holmes, placing a gag order on lawyers and law enforcement, sealing the court file and barring the university from releasing public records relating to Holmes' year there.

A consortium of media organizations, including The Associated Press, is challenging Sylvester's sealing of the court file.

On Friday, court papers revealed that Holmes was seeing a psychiatrist at the university. But they did not say how long he was seeing Fenton and if it was for a mental illness or another problem.

The University of Colorado's website identified Fenton as the medical director of the school's Student Mental Health Services.

An online resume listed schizophrenia as one of her research interests and stated that she sees 10 to 15 graduate students a week for medication and psychotherapy, as well as five to 10 patients in her general practice as a psychiatrist.

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Online:

Complaint against Holmes: http://bit.ly/OueB2J

Stock indexes drift lower, ending 2-day rally

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Investors waited to see if European leaders, who vowed to keep the continent's monetary union intact, would back up their words with action.

By MATTHEW CRAFT | AP Business Writer

073012_hang_seng_index.JPG A man walks past a screen displaying stock index outside a local bank in Hong Kong Monday, July 30, 2012. World stock markets rose again Monday as expectations remained high for strong European Central Bank action to stem the continent's chronic debt crisis. Hong Kong's Hang Seng jumped 1.6 percent to 19,585.40. (AP Photo/Vincent Yu)

NEW YORK — A two-day rally that sent stocks soaring last week fizzled out Monday.

European leaders vowed Thursday and Friday to keep the continent's monetary union intact, and investors sent stock markets shooting higher. But stocks were little changed Monday as investors waited to see if they would back up their words with action.

The Dow Jones industrial average sank 2.65 points to close at 13,073.01. JPMorgan Chase led the Dow lower, falling 2 percent to $36.14.

U.S. Treasury Secretary Timothy Geithner met separately with Germany's finance minister and the head of the European Central Bank, Mario Draghi, on Monday. Draghi's pledge to do whatever was needed to protect the euro set off a market rally last week. The Dow rose back above 13,000 for the first time since May and is now up 1.5 percent for the month.

Hopes are high that Draghi will announce plans to support the euro when the central bank meets Thursday, said David Brown, the CEO and chief market strategist at the research firm Sabrient.

"I think that's the big story this week," Brown said. "The market has really responded to his bold statement. I hope the ECB takes action. If they don't do anything, it's not going to be pretty."

Investors are also looking toward the Federal Reserve's meeting this week. Many in the financial markets believe the Fed will take new steps to stimulate the economy in coming months. The Fed will release its statement on interest rate policy Wednesday afternoon.

Besides the Fed statement and the ECB meeting, another potentially market-moving event comes up Friday, when the U.S. Labor Department releases its monthly employment survey. Economists expect that the unemployment rate will remain at 8.2 percent.

In other Monday trading, the broader Standard & Poor's 500 index fell 0.67 of a point to 1,385.30, while the Nasdaq dropped 12.25 points to 2,945.84.

The indexes had been creeping higher early in the day, then reversed course soon after a regional manufacturing report came in much weaker than analysts had expected. A survey of manufacturing by the Dallas branch of the Federal Reserve showed a steep drop in July. Economists had forecast a modest gain.

Two corporate deals announced early Monday pushed some stocks higher. Chicago Bridge & Iron Co. agreed to buy Shaw Group for $3 billion in cash and stock. Shaw jumped $14.80, or 55 percent, to $41.49.

Medical and industrial equipment maker Roper Industries said it plans to buy hospital software company Sunquest Information Systems for $1.42 billion. Roper also raised its earnings estimate for the year, a result of the pending merger and a stronger dollar. Roper gained 1 percent to $99.64. Sunquest is privately owned.

History suggests the stock market could head higher in the coming months, said Sam Stovall, chief equity strategist at S&P Capital IQ. Stocks usually hit their annual peak in the second half of the year. But Stovall said economic reports and earnings estimates "point to a more challenging period ahead."

Of the 294 companies in the S&P 500 that have reported earnings so far, 195 have surpassed analysts' expectations. But the bar was set low. Analysts now expect quarterly profits will sink 0.25 percent and revenue will rise just 1.9 percent compared with the year before, according to S&P Capital IQ. That would be the worst earnings season since the summer quarter of 2009.

Among other stocks making big moves:

• Supermarket operator Supervalu rose 13 percent, or 25 cents, to $2.24 after the company announced that it would oust its CEO. Earlier this month, the Minneapolis company reported weaker sales and profits and suspended its dividend. Supervalu also said it may put itself up for sale.

• Loews Corp. sank 5 percent after reporting that its net income plunged 78 percent in the second quarter. The holding company, controlled by New York's Tisch family, took a hit as falling energy prices lowered the value of its oil and gas properties. The company runs Diamond Offshore Drilling Inc., HighMount Exploration & Production and Loews Hotels. Its stock lost $2.16 to $39.54.

• Suntech Power Holdings plunged 15 percent. The Chinese solar company said it may be the victim of a massive fraud. Suntech dropped 23 cents to $1.34. The solar company's stock has lost 82 percent of its market value over the past year.

Andrea Nuciforo Jr. takes on Wall Street reform, immigration and Congressional campaign opponent Richard Neal in live chat

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Nuciforo took aim at Neal, hitting the longtime congressman on everything from the duration he's served to women's rights and Wall Street deregulation.

Andrea Nuciforo live chatAndrea Nuciforo Jr., candidate for the 1st Congressional District in Massachusetts, answers questions from the MassLive.com readers during a live chat on Monday, July 30, 2012. (Staff photo by Mandy Hofmockel)

SPRINGFIELD — During a discussion with Masslive.com readers on Monday, former State Sen. Andrea Nuciforo Jr. took aim at opponent U.S. Rep. Richard Neal, hitting the longtime congressman on everything from the duration he's served to women's rights and Wall Street regulations.

Nuciforo, Neal and political activist Bill Shein are squaring off in a three-way Democratic primary battle to represent the newly drawn 1st Congressional District in Massachusetts, after redistricting chopped up much of the 2nd District that Neal has represented since 1989.

Nuciforo, the current Berkshire Middle District register of deeds, dismissed the argument that Neal should win because of his seniority in the Republican-controlled House of Representatives.

"Seniority matters. Results matter more. Think about what has happened over the last few years. Congressman Neal has been in Washington while our economy shed nearly 8 million jobs, family indebtedness tripled, and millions of Americans lost their homes and their health care. And the country has spent $1 trillion on foolish foreign wars," Nuciforo wrote. "All of these things happened while very senior members of Congress stood idly by. Worse, some members, including Congressman Neal, actively facilitated these events by advancing Wall Street, bank and insurance company interests ahead of consumer interests. So does seniority matter? Sure. But results matter more. And this year, voters are looking for candidates that can deliver those results."

On the topic of Wall Street reforms, many of which haven't been instituted despite being passed as part of the Dodd-Frank bill following the financial crisis of 2008, Nuciforo said he would drawn upon his decade of experience in the state senate to bring trust and regulation back to the nation's financial sector.

"I will fight to restore Glass-Steagel-like restrictions in Washington next year. Specifically, we should strictly enforce the Volker rule designed to limit proprietary trading within FDIC-insured institutions," Nuciforo wrote. "We should also bring back the clear delineations between commercial banks (which often have retirement and college funds) and investment banks (which take big investment risks)."

When a reader prodded him for his position on immigration issues, Nuciforo related his own family's story to the law. He explained that his wife Elena being an immigrant has helped shape his position.

"My wife is from Russia, having been born in the Soviet Union in 1976. She came to this country to advance her education, which she has done at UMass in Amherst. She is completing a Ph.D. at UMass, and is working in the department of communications there. Our 18-month-old son was born in this country," Nuciforo wrote. "So I believe that the United States should welcome people from all over world, and should do so in a way that is consistent with America’s economic and national security interest. For example, I support the DREAM Act, which would allow a path to citizenship for people brought to this country as children."

In relation to women's rights, Nuciforo said he would be a steadfast supporter of pro-choice policies, juxtaposing himself with Neal's pro-life stance.

"I'm pro-choice. My votes in the State Senate reflect that. Congressman Neal is not pro-choice," Nuciforo wrote. "In fact, he joined Republicans in voting for the Stupak Amendment in 2009, which would have restricted the right to choose for millions of American women."

The Stupak Amendment was a bill amending the Affordable Care Act to prohibit the use of federal funding for abortions, except in cases of rape, incest or a life-threatening danger to the mother. Although the amendment didn't pass on its own, the provision limiting the use of certain money for abortions was included in the health care law as part of a compromise to gain support.

Shein engaged voters in a chat last week and Neal is scheduled to do the same on Wednesday.

The trio will also participate in a series of debates ahead of the Sept. 6 primary that will determine who will be going to Washington to represent the new 1st District, which includes all of Berkshire County, most of Hampden County and parts of Hampshire, Franklin and Worcester counties.

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