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Can escape clause save voting rights provision?

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The Obama administration and civil rights groups are defending a key section of the landmark voting rights law at the Supreme Court by pointing reformed state, county and local governments to an escape hatch from the law's strictest provision.

225voting.JPG President George W. Bush signs legislation for a 25 year extension of the Voting Rights Act on the South Lawn of the White House on July 27, 2006, in Washington. The Obama administration and civil rights groups are defending a key provision of the landmark Voting Rights Act at the Supreme Court by pointing reformed state, county and local governments to an escape hatch from the law's most onerous aspects. Wednesday, Feb. 27, 2013, the Supreme Court will hear arguments in the case, which is among the term's most important. From left are Sen. Arlen Specter, R-Pa., Rep. John Conyers, D-Mich., Rep. James Sensenbrenner, R-Wis., and Rep. Nancy Pelosi, D-Calif.  

By MARK SHERMAN

WASHINGTON — The Obama administration and civil rights groups are defending a key section of the landmark voting rights law at the Supreme Court by pointing reformed state, county and local governments to an escape hatch from the law's strictest provision.

The Voting Rights Act effectively attacked persistent discrimination at the polls by keeping close watch, when it comes to holding elections, on those places with a history of preventing minorities from voting. Any changes, from moving a polling place to redrawing electoral districts, can't take effect without approval from the Justice Department or federal judges in Washington.

But the Voting Right Act allows governments that have changed their ways to get out from under this humbling need to get permission through a "bailout provision." Nearly 250 counties and local jurisdictions have done so; thousands more could be eligible based on the absence of recent discriminatory efforts in voting.

The viability of the bailout option could play an outsized role in the Supreme Court's consideration of the voting rights law's prior approval provision, although four years ago, conservative Justice Clarence Thomas said the prospect of bailing out had been "no more than a mirage."

The court will hear arguments Wednesday in the case, which is among the term's most important, in a challenge from Shelby County, Ala.

Opponents of the law say they no longer should be forced to live under oversight from Washington because the country has made enormous racial progress, demonstrated most recently by the re-election of President Barack Obama. They object in particular to the 40-year-old formula by which some jurisdictions, most in the Deep South, are swept under the law and others remain outside it.

The administration and its allies acknowledge that there has been progress. But they say minority voters still need the protection the law affords from efforts to reduce their influence at the polls. Last year, federal judges in two separate cases blocked Texas from putting in place a voter identification law and congressional redistricting plan because they discriminated against black and Hispanic residents.

Obama himself talked about the case in a radio interview last week. He told SiriusXM host Joe Madison that if the law were stripped of its advance approval provision, "it would be hard for us to catch those things up front to make sure that elections are done in an equitable way."

Also, the law's defenders say places that have changed their ways can win release from having to get Washington's blessing for election changes. Governments seeking to exit have to show that they and the smaller jurisdictions within their borders have had a clean record, no evidence of discrimination in voting, for the past 10 years.

Shelby County has never asked to be freed from the law, but would seem to be ineligible because one city in the county, Calera, defied the voting rights law and prompted intervention by the Bush Justice Department.

Yet places with a long, well-known history of discrimination probably could find their way out from under federal monitoring, according to a prominent voting rights lawyer who used to work for the Justice Department.

"Birmingham, Ala., where they used to use fire hoses on people, may well be eligible to bail out," said the lawyer, Gerry Hebert. Birmingham officials said they've never considered asking.

The Supreme Court made clear its skepticism about the ongoing need for the law when it heard a similar case in 2009. "Past success alone, however, is not adequate justification to retain the preclearance requirements," Chief Justice John Roberts said for the court. That ruling sidestepped the constitutional issue and instead expanded the ability of states, counties and local governments to exit the advance approval process.

At that point, so few governments had tried to free themselves from the advance approval requirement that, in 2009, Thomas said the "promise of a bailout opportunity has, in the great majority of cases, turned out to be no more than a mirage."

At the time, Thomas said, only a handful of the 12,000 state, county and local governments covered by the law had successfully bailed out.

The overall numbers remain low, but the Obama administration argues that "the rate of successful bailouts has rapidly increased" since the high court last took up the Voting Rights Act nearly four years ago.

In the past 12 months, 110 local governments have been freed from the requirement to show in advance that their proposed election changes are not discriminatory. Places that have won their release from coverage include Prince William County, Va., with more than 400,000 residents, and Merced County, Calif., and its 84 municipalities.

Shelby County says that even with the recent jump in bailouts, "only a tiny percentage" of governments have found their way out of oversight from Washington.

The advance approval was adopted in the Voting Rights Act in 1965 to give federal officials a potent tool to defeat persistent efforts to keep blacks from voting.

The provision was a huge success, and Congress periodically has renewed it over the years. The most recent occasion was in 2006, when a Republican-led Congress overwhelmingly approved and President George W. Bush signed a 25-year extension.

The requirement currently applies to the states of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia. It also covers certain counties in California, Florida, New York, North Carolina and South Dakota, and some local jurisdictions in Michigan and New Hampshire. Coverage has been triggered by past discrimination not only against blacks, but also against American Indians, Asian-Americans, Alaskan Natives and Hispanics.

The 10 covered towns in New Hampshire are poised to become the next places to win their release from the law. An agreement between the Justice Department and the state is awaiting approval from a federal court in Washington.

Critics of the law contend the Justice Department is highlighting the escape hatch and agreeing to allow places such as the New Hampshire towns to exit to try to make the entire law look more palatable to the court.

Alaska Attorney General Michael Geraghty says in his court filing in support of Shelby County that the Justice Department "commonly agrees to bailouts for jurisdictions that are not legally entitled to receive them."

But supporters of the law argue in response that the federal government's willingness to agree to free places from the need to get permission shows that the voting rights act is flexible and helps focus attention on potentially discriminatory voting schemes.

Online:

Voting Rights Act: http://www.justice.gov/crt/about/vot/sec_5/about.php

Supreme Court: http://tinyurl.com/a4kmqsd


Governors join White House to fight automatic cuts

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Governors from both parties are warning of the damaging economic impact if the White House and Congress fail to reach a deal to stave off across-the-board spending cuts set to take effect Friday.

225gov.JPG Connecticut Gov. Dan Malloy reads documents before a Health and Homeland Security Committee meeting titled "Protecting Our Nation: States and Cybersecurity" during the National Governors Association 2013 Winter Meeting in Washington on Saturday, Feb. 23, 2013.  

By KEN THOMAS and STEVE PEOPLES

WASHINGTON — Governors from both parties are warning of the damaging economic impact if the White House and Congress fail to reach a deal to stave off across-the-board spending cuts set to take effect Friday.

"It's senseless and it doesn't need to happen," said Gov. Martin O'Malley, D-Md., during the annual meeting of the National Governors Association this weekend.

"And it's a damn shame, because we've actually had the fastest rate of jobs recovery of any state in our region. And this really threatens to hurt a lot of families in our state and kind of flat line our job growth for the next several months."

Some governors were pessimistic about the prospects for a compromise. They said the budget impasse was just the latest crisis in Washington that is keeping business from hiring and undermining the ability of governors to develop state spending plans.

"I've not given up hope, but we're going to be prepared for whatever comes," said Gov. Brian Sandoval, R-Nev. "There will be consequences for our state."

The White House booked several Cabinet secretaries on the Sunday talk shows to detail the potential impact of the spending cuts on the public, from airports to classrooms.

The administration is bracing the country for widespread flight delays, shuttered airports, off-limit seashores and hundreds of thousands of furloughed employees.

Transportation Secretary Ray LaHood said travelers could face delays because the Federal Aviation Administration is in line for $600 million in spending cuts.

"We're going to try and cut as much as we possibly can out of contracts and other things that we do," LaHood told CNN's "State of the Union." ''But in the end, there has to be some kind of furlough of air traffic controllers, and that then will also begin to curtail or eliminate the opportunity for them to guide planes in and out of airports."

There are fewer signs of urgency among congressional leaders, who have recently indicated their willingness to let the cuts take effect and stay in place for weeks, if not much longer.

The cuts would trim $85 billion in domestic and defense spending, leading to furloughs for hundreds of thousands of workers at the Transportation Department, Defense Department and elsewhere.

Defense Secretary Leon Panetta has said the cuts would harm the readiness of U.S. fighting forces.

Obama has not been able to find success for his approach of reducing deficits through a combination of targeted savings and tax increases. House Republicans have said reduced spending needs to be the focus and have rejected the president's demand to include higher taxes as part of a compromise.

Commentary: What’s in a name? Let’s hear it for Robert

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A quick Google search eveals that Robert was the second most popular name in the year I was born and actually made it to the top of the name-game charts three years later.

A Robert by any other name might now be an Aiden.

Once again, the list of the most popular names is out, and, once again, I find myself slipping into obscurity. It’s not a pretty feeling, like the scene in “Back to the Future” when the main character is playing guitar at his mother’s prom and feels himself slowly disappearing finger by finger because he can’t set time right and make the future work out so he can be born.

Now, doubtless, there are plenty of people who don’t remember the movie because frankly, they’re too young, which is just another way of saying I’m too old. The Michael J. Fox I recognize is no longer the kid actor with the slick dance moves but a middle-aged guy struggling with a chronic disease.

The future is now galloping far too fast to go back to even if you happen to own a 1981 DeLorean, which I assure you will one day be someone’s idea of neat sounding name.

Which is more than anyone will ever say about being named Robert.

It wasn’t always thus. There was a time when the world was lousy with Roberts.

In fact, a quick Google search (and I can’t wait to hear that someone has named their kid Google; believe me it’s coming) reveals that Robert was the third most popular name in the year I was born and actually made it to the top of the name-game charts three years later.

My personal record came in fourth-grade when my class had six Roberts, not counting a few scattered Robbys, Bobbys, and Robs who refused to go by their given name because it was too common and too taxing for the memory of our benighted teachers to keep straight.

There wasn’t a single Aiden. No Noahs. The Masons were in jars.

If you wanted to see a girl named Emma you’d best look in a Jane Austen novel, and the only way to find a Madison was to try Wisconsin.

But, not today. Baby nurseries are chock full of Sophias and Isabellas, Olivias, Avas and Abigails where they will spend the rest of their lives searching for Ethans, Alexanders and Daniels. And, thinking that naming a child DeLorean Google sounds just swell.

I must say I never minded growing up with the name Robert even though to this day my sister calls me Bobby, no doubt in order to maintain my diminutive status with her. Sure, it might be a bit confusing in school, but, during a youth of general mischief-making, it had definite advantages.

Criminals like crowds, and “Robert, stop talking in class,” might be aimed at any of six of us, giving us all plausible deniability and hence license to keep right on engaging in the great Spitball Wars of 1959.

And, it was all infinitely better than carrying around any of the names of my parents’ generation where a Thanksgiving Day dinner might find me under the watchful eyes of Irving and Shirley, Rhoda, Milton, Elliot and Gert, wondering what their immigrant parents could have been thinking.

Nor could I help but pity my poor friend Walter, saddled with a name passed on by his ancestors like a family curse and forced to drag it around the playground where it was sure to attract trouble from bullies all with the completely unteaseable name of Bill.

But no such fate lay in store for the Roberts of the playground. There were just too many of us.

Alas, no longer. These days I may as well be named pterodactyl or stegosaurus.

About the only saving grace is that we carry our names around for life, so that as I look around my workplace there are still plenty of Roberts to go around. Three of my office mates carry the name, and I must say that we collectively avoid blame around the office by seeking safety in numbers every bit as well as I ever did in fourth-grade.

Yet soon the jig will be up. Roberts everywhere will be slipping into the grave with no one to mourn them until perhaps one day years from now Jayden will look Madison straight in the eye and say “Let’s name our baby something completely unheard of – How about Robert?” 

Robert Chipkin is a production editor with The Republican; he may be reached at rchipkin@repub.com. 

Oscar Pistorius' brother facing culpable homicide charge

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The brother of Olympic star Oscar Pistorius is facing a culpable homicide charge for a 2008 road death, compounding problems for the family after the double-amputee runner was charged with premeditated murder in the Feb. 14 shooting death of girlfriend Reeva Steenkamp.

225carl.jpg Carl Pistorius, brother of Olympian athlete, Oscar Pistorius, arrives at home, Sunday Feb. 24, 2013, where his brother has been staying in Pretoria, South Africa, since being granted bail Friday for the Valentine's Day shooting death of his girlfriend, Reeva Steenkamp. Reports emerged Sunday that Carl Pistorius is facing charges of culpable homicide for the death of a woman biker who was knocked down in 2010.  

By RAF CASERT

JOHANNESBURG — The brother of Olympic star Oscar Pistorius is facing a culpable homicide charge for a 2008 road death, compounding problems for the family after the double-amputee runner was charged with premeditated murder in the Feb. 14 shooting death of girlfriend Reeva Steenkamp.

Lawyer Kenny Oldwage said in a statement that Carl had been involved in a car accident "in which a woman motorcyclist sadly lost her life." He said that "there is no doubt that Carl is innocent and the charge will be challenged in court."

Carl Pistorius was already in court last Thursday, as his brother Oscar was facing a bail hearing, and will appear again at the end of next month.

Oscar Pistorius was released on bail Friday and his brother Carl was seen driving into the home of their uncle Arnold early Sunday in Waterkloof, an affluent suburb of Pretoria, the nation's capital, where Oscar is now staying.

The problems surrounding his older brother Carl are the latest twist in a case that has transfixed South Africa and much of the world. Sunday's revelation of the culpable homicide charge immediately created a stir.

"It's also doubly sad because it's involved with Oscar and his brother and all the family — so they have double sort of trouble. So, not good," said Johannesburg resident Jim Plester.

Oldwage said that "Carl deeply regrets the accident" and that a blood test showed he was not drunk at the time. "It was a tragic road accident after the deceased collided with Carl's car."

He said the charges had initially been dropped, only to be reinstated later.

Oscar Pistorius was charged with premeditated murder, but the athlete says he killed his girlfriend accidentally, opening fire after mistaking her for an intruder in his home.

On Saturday, the family took steps to lower its profile on social media after someone hacked into the Twitter account of Carl. They cancelled all the social media sites for both Oscar's brother and his sister Aimee.

Carl has always been close to Oscar but was notably absent when their uncle Arnold, flanked by Oscar's sister Aimee, read out a first reaction to the shooting on Feb. 17, even though he was also on the premises.

The three-story house where Pistorius is staying with his aunt and uncle sits on a hill with a sweeping view of Pretoria. It has a large swimming pool and an immaculate garden.

The character of Pistorius also continued to take center stage. For many, it mirrors his public appearances as an articulate, well-spoken advocate for Paralympic athletes facing hardship. Witness statements backing up Oscar Pistorius as a down-to-earth guy were presented at the hearing.

Others have described him as a reckless risk taker who has been in trouble before, such as a boat accident in 2009 which put him into hospital intensive care unit.

On Sunday, a South African man who said Steenkamp had stayed at his home since September, described Pistorius as moody and impatient. Cecil Myers, whose daughter was close friends with Steenkamp, said in an interview published Sunday in the City Press newspaper, that Pistorius will have the killing of Steenkamp on his conscience. "I hope he gets a long sentence. Gets what he deserves," said Myers.

"Very nice and charming to us when they started dating," said Myers. Myers said Pistorius initially used to come into the house but later just dropped Steenkamp off and picked her up when they began to date steadily, and he described the change as a lack of respect.

Myers recalled their first date and told the newspaper: "After that he wouldn't leave her alone. He kept pestering her, phoning and phoning and phoning her."

According to Myers, Steenkamp "told me he pushed her a bit into a corner. She felt caged in."

Myers said he told Pistorius "not to force himself on her. Back off." He said that after initially agreeing with him, it appeared that Pistorius soon took no heed.

Pistorius was born without fibula bones due to a congenital defect and his legs were amputated when he was 11 months old. He has run on carbon-fiber blades and was originally banned from competing against able-bodied peers because many argued that his blades gave him an unfair advantage. He was later cleared to compete. He is a multiple Paralympic medalist, and won a silver medal at the 2011 Daegu world championships with South Africa's 4x400 relay team. But he failed to win a medal at the London Olympics, where he ran in the 400 meter race and the 4x400 relay race.

AP Sports Writer Gerald Imray contributed from Pretoria. AP Writer Christopher Torchia contributed from Johannesburg.

Several injured after car crashes into house in Springfield

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Several people were inured when a vehicle crashed into a White Street home in Springfield.

crash1.jpg Four women were taken to Baystate Medical Center after their car crashed into a home on White Street.

This story has been updated since it was originally published at 12 a.m. Sunday


SPRINGFIELD — Four women were inured when a vehicle crashed into a home on White Street Saturday evening.

A Volkswagen Jetta left the pavement and slammed into a house at 344 White St. at about 10:30 p.m., said Dennis Leger, aide to Fire Commissioner Joseph Conant.

The fire department had to use two sets of the Jaws of Life to remove the women from the vehicle.

"It's amazing that these women survived the crash, particularly the driver who was pinned under the dashboard," Leger said.

The women were all transported to Baystate Medical Center. Updates on their conditions were unavailable.

Leger said the house will be inspected by the city's code enforcement officer and building inspector.

"As of now the car cannot be removed from under the porch because the structure is unstable," he said.

The cause of the accident is not yet known. The crash is under investigation.

Spring Training 2013: Celebrity rehab, MLB buzz and headlines

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Here's a look at the major storylines and top headlines from around Major League Baseball as the first full week of spring training games begins.









Here's a look at the major storylines and top headlines from around Major League Baseball as the first full week of spring training games begins:




The Big Buzz: Crowded comeback trail



CC Sabathia, Mariano Rivera


New York Yankees' CC Sabathia, right, and Mariano Rivera jog after a workout at baseball spring training, Wednesday, Feb. 13, 2013, in Tampa, Fla. (AP Photo/Matt Slocum)





 

As play begins in the Grapefruit and Cactus leagues, some of the biggest names in baseball are still trying to work their way back from major injuries that abruptly ended their 2012 season. You could assemble one heck of an All-Star team from the ranks of the rehabbing, starting with four future Hall of Famers who remain in recovery mode for the Yankees.

While New York's Alex Rodriguez is likely out until mid-season following hip surgery, shortstop Derek Jeter (ankle), closer Mariano Rivera (knee) and ace CC Sabathia (elbow) are all making strides toward a return to action by Opening Day.

The seemingly ageless Rivera is the poster boy for this spring's celebrity rehab movement. After watching the revered reliever face live hitters for the first time since undergoing surgery on a torn ACL almost a year ago, Yankees manager Joe Girardi said Friday that Rivera looked "normal." But Jason Stark of ESPN.com writes that Rivera's comeback is anything but:

There’s nothing normal about it. Nothing. What exactly is normal about a 43-year-old man, working on a blown-out knee, gearing up for another season of greatness?

Unless that man is Mariano Rivera, that is.



John Lackey, Jonny Gomes


Boston Red Sox pitcher John Lackey, left, receives a pat on the back from teammate Jonny Gomes as he heads to the dugout after pitching the first inning of an exhibition spring training baseball game against the Tampa Bay Rays, Saturday, Feb. 23, 2013, Fort Myers, Fla. (AP Photo/David Goldman)





 

A glance around the league this weekend reveals a handful of mending superstars easing back into game action. In Florida, Red Sox pitcher John Lackey made his first start since Tommy John surgery in a Grapefruit League game against the Rays, trying to turn the page after three injury-plagued years in Boston: (via Masslive.com)

Asked when he last pitched without hurting, Lackey thought for a moment and said, "probably not in this uniform.''

And Tigers DH Victor Martinez got his fist at-bats in more than 16 months on Friday after sitting out the 2012 season with a torn ACL: (via MLive.com)

"Honestly, I'm not really thinking about the knee," Martinez said. "I'm just letting the fans know, I'm not thinking about it. I come to spring training now like I used to be: just getting ready to get to the season."

Here are updates on a few more injured stars:

• Red Sox slugger David Ortiz is progressing in his recovery from an Achilles injury, but a timetable has not yet been set for his return to action. (via MassLive.com)

• Pitcher Johan Santana's Grapefruit League debut has been pushed back nearly two weeks so that the Mets' ace can regain arm strength that he lost while recovering from a back injury. (via NJ.com)

• Dodgers manager Don Mattingly doesn't expect outfielders Matt Kemp (shoulder) or Carl Crawford (elbow) back on the field until early March: (via MLB.com)

Watch SI.com's Ted Keith discuss the aftermath of an injury-plagued 2012 season, as well as two other storylines to keep an eye on this spring:


Headlines

• Marlins outfielder Giancarlo Stanton is feeling better after being beaned in the head by Miami's top pitching prospect Jose Fernandez on Wednesday. (via ESPN.com)

• Brewers' outfielder Ryan Braun, once again the subject of PED rumors this spring, homered in his first Cactus League at-bat Saturday. (via USAToday.com)

• Nationals pitcher Gio Gonzalez, one of several high-profile players linked to alleged PED-supplier Biogenesis of America, says that recent tests administered by Major League Baseball show that he is not using performance-enhancing drugs. (via SI.com)

• Doctors discovered a small hole in the heart of Mets reliever Pedro Feliciano during his initial physical exam this spring, but the condition is not expected to require surgery. (via NJ.com)

• The Mariners traded first baseman/outfielder Mike Carp to the Red Sox on Wednesday in exchange for a player to be named later or cash. (via MassLive.com)

What they're saying



Jonathan Papelbon


Philadelphia Phillies' Jonathan Papelbon pitches in the bullpen during a workout at baseball spring training, Thursday, Feb. 21, 2013, in Clearwater, in Fla. (AP Photo/Matt Slocum)





 

• Closer Jonathan Papelbon is sticking by his comments that he hasn't "seen any leadership" since joining the Phillies before last season: (via LehighValleyLive.com)

"It was an all-around leadership void from A to Z," Papelbon said. "From being a vocal leader to being an off-the-field leader to being an on-the-field leader to everything. You can't just point your finger at what type of leadership was missing. It was the whole part of the equation."

• And while we're on the subject, Octavio Dotel of the Tigers was all apologies after questioning teammate Miguel Cabrera's leadership in a Yahoo! Sports story: (via MLive.com)

"I don't mean to make people think that he's not the guy," Dotel said. "He's our guy. He's our horse. He's our man. If we don't have Miggy, hello, where are we going to be?"

• Seattle starter Felix Hernandez, who recently signed a $175 million contract to remain with the Mariners, says that becoming the highest-paid pitcher in baseball won't change him: (via OregonLive.com)

"It's coming from me, it's coming from my heart," Hernandez said about embracing his status as the face of the franchise. "The city of Seattle, all the fans over there, they've been great. What else can I say? I love that place."



Justin Verlander


Detroit Tigers starting pitcher Justin Verlander has his picture taken during the team's photo day before a baseball spring training workout Tuesday, Feb. 19, 2013, in Lakeland, Fla. (AP Photo/Charlie Neibergall)





 

• Tigers ace Justin Verlander told Yahoo! Sports that he wants to become baseball's first $200 million pitcher:

"It's not a thing where I'm like, 'Hey, I want to be the highest-paid player,' where that's the chief goal. It innately comes with my competitiveness. That's just me. That's not why I play the game. I'm good at the game because of that side of me, because I'm competitive at everything I do."

• Indians closer Chris Perez was impressed after getting a taste of new teammate Nick Swisher's legendary enthusiasm: (via Cleveland.com)

"He's loud in a good way," Perez said Friday. "That's something we haven't had around here for a while. There's never a rainy day with him. We could've used that in the second half last year."

• The always colorful Pedro Martinez, now a special assistant with the Red Sox, had this to say when asked about his pitch in the 2003 ALCS that precipitated a brawl in which Yankees coach Don Zimmer famously charged Martinez and was thrown to the ground: (via MassLive.com)

"I didn't hit Karim Garcia. I hit his bat. Lucky (expletive deleted).''






Pope gives final Sunday blessing before resigning

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Pope Benedict XVI bestowed his final Sunday blessing of his pontificate on a cheering crowd in St. Peter's Square.

By FRANCES D'EMILIO

VATICAN CITY — Pope Benedict XVI bestowed his final Sunday blessing of his pontificate on a cheering crowd in St. Peter's Square, explaining that his waning years and energy made him better suited to the life of private prayer he soon will spend in a secluded monastery than as leader of the Roman Catholic Church.

On Thursday evening, the 85-year-old German-born theologian will become the first pope to have resigned from the papacy in 600 years.

Sunday's noon appearance from his studio window overlooking the vast square was his next-to-last appointment with the public of his nearly eight-year papacy. Tens of thousands of faithful and other admirers have already asked the Vatican for a seat in the square for his last general audience Wednesday.

Perhaps emotionally buoyed by the warm welcome, thunderous applause and the many banners reading "Grazie" (Thanks) held up in the crowd estimated by police to number 100,000, Benedict looked relaxed and sounded energized, in sharp contrast to his apparent frailty and weariness of recent months.

In a strong and clear voice, Benedict told the pilgrims, tourists and Romans in the square that God had called him to dedicate himself "even more to prayer and meditation," which he will do in a monastery being renovated for him on the grounds behind Vatican City's ancient walls.

"But this doesn't mean abandoning the church," he said, as many in the crowd looked sad at his approaching departure. "On the contrary, if God asks me, this is because I can continue to serve it (the church) with the same dedication and the same love which I have tried to do so until now, but in a way more suitable to my age and to my strength."

The phrase "tried to" was the pope's adlibbed addition to his prepared text.

Benedict smiled in pleasure at the crowd after an aide parted the white curtain at his window and he gazed at the people packing the square, craning their head for a look at him. Giving greetings in several languages, he gratefully acknowledged what he said was an outpouring of "gratitude, affection and closeness in prayer" since he stunned the church and its 1.2 billion members on Feb. 11 with his decision to renounce his papacy and retreat into a world of contemplation.

"Prayer is not isolating oneself from the world and its contradictions," Benedict told the crowd. He said he had heard God's call to prayer, "which gives breath to our spiritual life" in a special way "at this moment of my life."

Heavy rain had been forecast for Rome, and some drizzle dampened the square earlier in the morning. But when Benedict appeared, to the peal of church bells as the clock struck noon, blue sky crept through the clouds.

"We thank God for the sun he has given us," the pope said.

Even as the cheering continued and shouts of "Long live the pope" went up in Italian and Spanish, the pontiff simply turned away from his window and stepped back down into the apartment, which he will leave Thursday, taking a helicopter to the Vatican summer residence in the hills outside Rome while he waits for the monastery to be ready.

A child in the crowd held up a sign on a yellow placard, written in Italian, "You are not alone, I'm with you."

No date has yet been set for the start of the conclave of cardinals, who will vote in secret to elect Benedict's successor.

"Now there will be two popes," said the Rev. Vilmar Pavesi, a Portuguese priest who was among the throngs in the square. "There will be the pope of Rome, the elected pope, and there will be the bishop emeritus of Rome, who will live the life of a monk inside the Vatican walls."

One Italian in the crowd seemed to be doing a little campaigning, hoisting a sign which mentioned the names of two Italian cardinals considered by observers to be potential contenders in the selection of the next pontiff.

Flags in the crowd represented many nations, with a large number from Brazil.

The cardinals in the conclave will have to decide whether it's time to look outside of Europe for a pope. The papacy was considered the realm of Italian prelates for centuries, until a Pole, John Paul II, was elected as pontiff in 1978, to be followed in 2005 by the German-born Benedict.

Crucially, Italian prelates have continued to run the behind-the-scenes machinery of the church's governance, and cardinals will likely be deciding what role the Italians might have played in a series of scandals clouding the central bureaucracy, including allegations of corruption and power-grabbing.

Benedict has not made any direct comment on details of the scandals.

In one of his last papal tweets, Benedict wrote Sunday in English: "In these momentous days, I ask you to pray for me and for the church, trusting as always in divine providence."

AP reporter Paolo Santalucia contributed to this report.

Automatic budget cuts find few fans

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The automatic budget cuts set to take hold this week were roundly condemned Sunday as governors, lawmakers and administration officials hoped for a deal to stave off the $85 billion reduction in government services.

225mccaskill.JPG Sen. Claire McCaskill, D-Mo., was one of the many lawmakers on Sunday condemning the automatic budget cuts set to take hold this week. "Unless the Republicans are willing to compromise and do a balanced approach, I think it will kick in," she said.  

By KEN THOMAS and STEVE PEOPLES

WASHINGTON — The automatic budget cuts set to take hold this week were roundly condemned Sunday as governors, lawmakers and administration officials hoped for a deal to stave off the $85 billion reduction in government services.

Suggestions intended to instill a spirit of compromise included bringing all sides to the bargaining table, where they could act like "adults, a presidential summit at Camp David and even a field trip to watch "Lincoln."

The alternative, as the White House outlined, is a damaging impact on everything from commercial flights to classrooms and meat inspections.

With Friday's deadline nearing, few in the nation's capital were optimistic that a realistic alternative could be found. Instead of dealing with problem at hand, both sides made assigning blame a priority as the clock ticked down.

"Unless the Republicans are willing to compromise and do a balanced approach, I think it will kick in," said Sen. Claire McCaskill, D-Mo.

No, it's the Democrats who are to blame, the GOP countered.

"The reason there is no agreement is because there's no leadership from the president on actually recognizing what the problem is," said Sen. Tom Coburn, R-Okla.

The administration warned of the approaching economic fallout.

Transportation Secretary Ray LaHood said travelers could see delayed flights. Education Secretary Arne Duncan said 70,000 fewer children from low-income families would have access to Head Start programs. Furloughed meat inspectors could leave plants idled.

"It's senseless and it doesn't need to happen," said Gov. Martin O'Malley, D-Md., during the annual meeting of the National Governors Association this weekend.

"And it's a damn shame, because we've actually had the fastest rate of jobs recovery of any state in our region. And this really threatens to hurt a lot of families in our state and kind of flat line our job growth for the next several months."

Some governors said the impasse was just the latest crisis in Washington that is keeping businesses from hiring and undermining the ability of state leaders to develop their own spending plans.

"I've not given up hope, but we're going to be prepared for whatever comes," said Gov. Brian Sandoval, R-Nev. "There will be consequences for our state."

Connecticut Gov. Dan Malloy said it is past time for both sides to sit down to help dodge cuts that will hurt all states' budgets.

"Come to the table, everyone. Everybody. Let's work this thing out. Let's be adults," Malloy said.

Obama has not been able to find success for his approach of reducing deficits through a combination of targeted savings and tax increases. House Republicans have said reduced spending needs to be the focus and have rejected the president's demand to include higher taxes as part of a compromise.

LaHood warned travelers could face delays because the Federal Aviation Administration is in line for $600 million in spending cuts.

"We're going to try and cut as much as we possibly can out of contracts and other things that we do," said LaHood, a Republican serving in the Democratic Obama administration. "But in the end, there has to be some kind of furlough of air traffic controllers, and that then will also begin to curtail or eliminate the opportunity for them to guide planes in and out of airports."

Duncan said school districts were already bracing for fewer teachers when school starts in the fall but urged lawmakers to return to negotiations.

"This is not rocket science. We could solve this tomorrow," Duncan said.

There are fewer signs of urgency among congressional leaders, who have recently indicated their willingness to let the cuts take effect and stay in place for weeks, if not much longer.

"It will kick in, but at a pro rata rate. So, you're not going to see $85 billion all of a sudden shrink from the federal government," Coburn said, suggesting the reality would not turn dire immediately.

The cuts would trim from domestic and defense spending alike, leading to furloughs for hundreds of thousands of workers. Defense Secretary Leon Panetta has said the cuts would harm the readiness of U.S. fighting forces.

Sen. John McCain, R-Ariz., called those defense cuts "unconscionable" and urged Obama to call lawmakers to the White House or the presidential retreat of Camp David for a last-minute budget summit.

"I won't put all the blame all on the president of the United States. But the president leads. The president should be calling us over somewhere — Camp David, the White House, somewhere — and us sitting down and trying to avert these cuts," McCain said.

LaHood, who served as a Republican representing Illinois in the U.S. House, urged his colleagues to watch "Lincoln," Steven Spielberg's film about President Abraham Lincoln's political skills.

"Everybody around here ought to go take a look at the 'Lincoln' movie, where they did very hard things by working together, talking together and compromising," LaHood said. "That's what's needed here."

McCaskill and Coburn appeared on "Fox News Sunday." Malloy and McCain were interviewed on CNN's "State of the Union." LaHood spoke with CNN and NBC's "Meet the Press." Duncan spoke to CBS' "Face the Nation."


Obituaries today: Marlon Brown was 6th grade student at Kiley Middle School in Springfield

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Obituaries from The Republican.

 
Marlon Brownobit.jpg Marlon Brown  

Marlon Brown, 12, of Springfield, passed away on Feb. 15. Born in Springfield, he was the son of Delroy Brown and Tanya Evans. He was a sixth grade student at Kiley Middle School. He was a kind, friendly, outgoing child with a special love for animals and music. His most precious passion was spending time with his grandmother and other family members.

Obituaries from The Republican:

Gov. Deval Patrick to address Western Massachusetts college students at Boston rally to boost financial aid support

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Patrick is scheduled to address an estimated 200 students at a Statehouse rally to advocate for continued funding for financial assistance programs.

Deval Patrick horizon mug Sept 2012.jpg Gov. Deval L. Patrick  

BOSTON — The governor is expected to address an estimated 200 students, including contingencies from Mount Holyoke College and Western New England University, at a Boston rally to support continued funding for financial aid assistance.

Tuesday's rally is scheduled from 1 to 4 p.m. in the Great Hall of the Statehouse, where Gov. Deval L. Patrick is slated to speak to students from more than 25 Bay State colleges and universities, according to Anne Speakman, spokeswoman for the Association of Independent Colleges and Universities in Massachusetts. The group is sponsoring the event with the Massachusetts Association of Student Financial Aid Administrators.

Patrick's proposed fiscal 2014 budget calls for beefing up the MassGrant financial assistance program by increasing funding by $112 million. Financial support for the grant assistance program, funded by appropriations from the state Legislature, hasn't kept pace with the rising costs of paying for college.

Speakman said the Statehouse rally is a chance for students to thank state lawmakers for last year's funding for financial aid grants. The funding is critical for helping Massachusetts students get to – and through – college, she said.

The $112 million tuition assistance boost is part of Patrick's proposed $34.8 billion budget, which would take effect July 1.

Founded by college presidents in 1967, the Association of Independent Colleges and Universities in Massachusetts advocates for state and federal funding for need-based student financial aid programs, among other things.

Special election in South Hadley on Feb. 26 to decide fate of new school

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A ballot questions also asks voters if they want to grant the town administrator -- subject to selectmen approval -- the authority to appoint South Hadley’s town clerk, tax collector and the treasurer. The positions are currently elected.

SOUTH HADLEY – At a special election on Feb. 26 voters will determine if they want to change the structure of town government and build a new school.

A ballot questions asks voters if they want to grant the town administrator the authority to appoint South Hadley’s town clerk, tax collector and the treasurer. The positions are currently elected.

On the other ballot question, voters decide whether to approve a tax increase to fund the bonds that would be required to construct a new school that would replace Plains School.

The state has agreed to fund $15 million of the projected $28 million of the total costs for the proposed new school. The building would house prekindergarten, kindergarten and grade 1.

The state payments kick in only if South Hadley agrees to borrow its share of the money required to build the new school.

Massachusetts School Building Authority [MSBA] voted in November to pay the $15 million. One condition is South Hadley must say yes to funding its share within four months of the MSBA conditional approval to be eligible.

The actual ballot question does not detail the length of the proposed borrowing, but proponents have provided estimates of the cost to homeowners based on 20-year bonds.

They say that for 20 years worth of bonds the average homeowner would pay $131 per year -- based on the average home value of $234,168.

If built, the new school would house 270 students. The school board hopes construction is completed in time for the 2015 school year.

State officials say the bevy of problems at Plains School now include deficiencies in the mechanical, electrical and plumbing systems, poor windows, accessibility problems, overcrowding and an outdated physical plant.

The proposal to change town government's structure is the result of a town meeting vote and legislation approved by Gov. Deval Patrick in January.

The new powers given the town administrator to appoint the town clerk and treasurer and tax collector would be “subject to approval” from the Board of Selectmen.

The positions of collector, treasurer and town clerk “shall be appointed and may be removed by the town administrator, subject to approval of the selectboard,” the legislation states. ”The office of town clerk for the town of South Hadley is hereby separated from the office of treasurer, and made an appointive office.”

Voting is at South Hadley high school. Polls are open 7 a.m. to 8 p.m.

Family confirms body found along Connecticut River in Springfield was Shawn Dunson, missing cook who worked at Chef Wayne's Big Mamou restaurant

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Teresa Wells said authorities have confirmed that the body found near the river in Springfield was her brother, 33-year-old Shawn Dunson, who had been missing for three weeks.

shawn-dunson_n.jpg Shawn Dunson  

SPRINGFIELD — A sister of Shawn Dunson confirmed that the body found Friday along the banks of the Connecticut River in Springfield was Dunson, a cook at Chef Wayne's Big Mamou restaurant who had been missing since Feb. 3.

"Right now, he's in Boston," Teresa Wells said Sunday, referring to the body of her 33-year-old brother. "They're treating it as a homicide."

That information could not immediately be verified with the Springfield Police Department. A commanding officer and a detective were unable to confirm if foul play is suspected in Dunson's death. If ruled a homicide, it would be the city's sixth this year.

"This is not somebody who upped and disappeared," Wells said of her brother, who lived in West Springfield and adored his twin 7-year-old girls. "Shawn lives for those girls. He's a daddy. He doesn't just give them bowls of cereal for breakfast, he makes them breakfast," she said.

Wells said Dunson's body is expected to be returned at some point later this week, following an autopsy by the Medical Examiner's office to determine a cause of death. Services have yet to be arranged, she said.

body by river.jpg Springfield firefighters recover the body of a man from the bank of the Connecticut River near the South End bridge on Friday afternoon.  

Dennis G. Leger, a spokesman for Springfield Fire Commissioner Joseph A. Conant, said the body was found just after 2:30 p.m. Friday along an isolated stretch of river roughly 600 yards south of the Julia Buxton Bridge, commonly called the South End bridge.

Wells said she and other family members plan to keep pressure on authorities to find out what happened to Dunson. "I won't stop," she said Sunday, choking back tears.

Dunson was last seen late Feb. 3 as he left McCaffrey's Pub near the corner of Main and State streets in downtown Springfield.

Members of Dunson's large, close-knit family say they suspect something bad happened to him, since it would be totally out of character for the responsible family man to just disappear without a trace. "It's very, very unusual," said Armando Weathers, one of Dunson's brothers. "This is the first time in his life that he has been somewhere and we don't know where he is."

Malik Andrade, another brother, said Dunson's two young daughters, Annjalease Ruby and Chanel Rose, have inquired about their father every day since he failed to return home. "They keep asking for him every day," he said.

On Thursday, a group of family and friends searched Springfield's Riverfront Park for signs of Dunson, who worked in Springfield for many years. Wells said searches have been conducted nearly every day since Dunson failed to show up for a shift at Big Mamou.

Colleagues at the Liberty Street restaurant were equally upset by Dunson's disappearance. "We are family here," Nikki Allen, a waitress at Big Mamou, said, describing Dunson as a "great, caring person" who was extremely reliable. "When something like this happens to someone that you care for, it's a real eye-opener," she said.

"It's Shawn ... I can't breathe ... so sick right now," states a message posted on the Facebook page family members created for Dunson. The entry is followed by numerous condolences and prayers.

Police have asked anyone with information about the case to call the commissioner's office at (413) 787-6313 or the detective bureau at (413) 787-6355.

Boston Bruins beat Florida Panthers 

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Goalie Tuukka Rask stopped 34 shots as the Bruins won their third straight. 



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The Boston Bruins bench reacts as Florida Panthers' Tyson Strachan, rightt, and Bruins' Gregory Campbell collide during the third period Sunday at Sunrise, Fla. The Bruins won 4-1. (AP Photo/J Pat Carter)
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SUNRISE, Fla. – Zdeno Chara and Milan Lucic scored first-period goals and the Boston Bruins beat the Florida Panthers 4-1 on Sunday.

Chris Kelly had a power-play goal in the second and Daniel Paille had an empty-net goal in the third. Tuukka Rask stopped 34 shots for the Bruins, who won their third straight game.

Tomas Kopecky scored a goal for Florida and Jacob Markstrom made 28 saves in his second consecutive start for the Panthers, who have lost seven of their past eight games and five in a row at home.

The Bruins took a 1-0 lead on Lucic’s goal at 7:57 of the first. David Krejci won the faceoff and pushed the puck out to Lucic at the top of the left circle and his slap shot beat Markstrom on the stick side.

Boston went ahead 2-0 when Chara scored at 13:51. Chara grabbed a loose puck above the circles, made some nifty moves with the puck to get close, then backhanded it high into the net.

The Panthers closed to 2-1 on Kopecky’s goal. After battling for the puck in front of the Bruins net, Kopecky was able to push the puck past Rask at 15:38 of the first.

Kelly’s power-play goal at 2:30 of the second stretched the Bruins lead to 3-1. A loose puck drifted towards the net and Kelly poked it in for his first goal of the season.

Paille added a short-handed, empty-net goal with 1:37 left when the Panthers pulled Markstrom for a 6-on-4 power play.

The Bruins have 21 straight penalty kills over six games.

Bruins right wing athan Horton has never scored in eight games against his original NHL team. Horton played for the Panthers from 2003-2010.

The Panthers’ five-game home loss streak is their first since an 0-4-1 stretch Feb. 16-March 6, 2011.

Panthers forward Alex Kovalev turned 40 on Sunday. Kovalev is one of eight active 40-plus players in the NHL.

Amanda Plasse memorial in Chicopee postponed

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Amanda Plasse, 20, was stabbed to death in her Chicopee apartment Aug. 26, 2011.

Amanda Plasse remembered in photos An undated photo Amanda Plasse.  


CHICOPEE – An event to remember homicide victim Amanda Plasse has been rescheduled to 5:15 p.m., March 3 because of poor weather.

Friends and family plan to gather at Ray Ash Park on Arcade Street next week to release balloons and remember Plasse, 20, who was stabbed to death between 4:30 and 5:30 p.m., Aug. 26 2011, in her apartment on 73 School St.

Her killer has never been caught and her family and police are continuing to ask people to come forward and report any information they have about her death.

Her death is among a group of unsolved killings Hampden District Attorney Mark G. Mastroianni’s office has been re-examining because of a potential to benefit from new technological and scientific advances. A prosecutor has been assigned to work with two detectives in each case.
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Roman Catholic Bishop Norbert Dorsey, 83, a Springfield native, succumbs to cancer

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Born in Springfield in 1929, Dorsey died from cancer last week in Orlando, where he was Roman Catholic bishop from 1990 to 2004.

Bishop Dorsey.jpg Bishop Norbert M. Dorsey, a Springfield native and retired Catholic bishop for the city of Orlando, died last week in Florida.  

SPRINGFIELD — Passionist Bishop Norbert M. Dorsey, a Springfield native and retired Catholic bishop for the city of Orlando, Fla., has died, officials of the Roman Catholic Diocese of Springfield announced Sunday. He was 83.

Born Leonard J. Dorsey on Dec. 14, 1929, the bishop was the son of the late Leonard E. and Mary Ann (Dowd) Dorsey, of Springfield. He died Thursday, Feb. 21, in Orlando after a long battle with cancer, diocese officials said.

The body of Bishop Dorsey will lie in state on Feb. 27 at St. James Cathedral, 215 North Orange Ave., Orlando, followed by a funeral Mass on Feb. 28 at 11 a.m. at the Basilica of the National Shrine of Mary, Queen of the Universe, 8300 Vineland Ave.

After that, Dorsey's body will be returned to Springfield, where a wake and Mass are scheduled for March 1 at Sacred Heart Church, Chestnut Street. The viewing begins at 10 a.m., followed by the Mass at 11 a.m. Burial will take place immediately afterward in the Passionist Community section of Gate of Heaven Cemetery, Tinkham Road.

Bishop Dorsey, a Cathedral High School graduate, was predeceased by his parents and his only sibling, Paul, all of whom were parishioners at Sacred Heart. The bishop is survived by his sister-in-law, Shirley L. Dorsey, of East Longmeadow, his niece, Gemma L. Dorsey, of Boston, and Passionist Brother Augustine Lowe, his devoted brother in Christ.

Bishop Dorsey's motto was "love is ingenious," taken from the Rule of the Passionist Congregation, written by St. Paul of the Cross. The full text reads: "The love of God is very ingenious and is proved not so much by words as by the deeds and actions of the lovers."

Dorsey came to know about the Passionists – a Roman Catholic religious institute founded by Saint Paul of the Cross, with a special emphasis on the Passion of Jesus Christ – from the religious order's former West Springfield monastery and retreat house. Dorsey went on to attend Holy Cross Seminary in Dunkirk, N.Y., from 1946-1948. He pronounced his vows as a member of the Passionist Community on Aug. 15, 1949, taking the religious name of "Norbert Mary."

Dorsey studied philosophy and theology in Jamaica, N.Y., and Union City, N.J., obtaining a master's degree in theology. He was ordained to the priesthood by the late Passionist Bishop Cuthbert O'Gara on April 28, 1956, at St. Michael's Monastery in Union City. After his ordination, he studied sacred eloquence for a year in West Springfield before going on to study in Munich, London and Rome.

Dorsey, a music composer, held the degrees of "maestro" from the Pontifical Institute of Sacred Music and "doctor of sacred theology" from the Gregorian University.

After returning to the U.S. in 1960, the Rev. Dorsey was assigned to the Passionist monastery in West Hartford, Conn., where he served as a theology professor and director of formation. In 1965, he was elected rector of the monastery and theologate program in West Springfield. During his tenure there, he organized courses in the theology of Vatican Council II for the laity.

In 1968, he was elected to the first of two terms as "provincial consultor" for the Eastern Province of the Passionists. During this tenure he was dean of studies and formation and director of personnel for more than 600 religious men.

In 1976, while serving as an American delegate to the international General Chapter of the Passionists, Dorsey was elected assistant general of the worldwide Passionist movement. He was reelected to that post in 1982. While based in Rome, Dorsey traveled to five continents to visit most of the 52 countries in which the Passionist order is established. Dorsey was fluent in several languages, including Spanish, Italian, French and Creole.

On Jan. 10, 1986, the late Pope John Paul II nominated Dorsey to be titular Bishop of Mactaris and auxiliary Bishop of the Archdiocese of Miami. He was consecrated by Archbishop Edward J. McCarthy at St. Mary's Cathedral in Miami on March 19, 1986.
In Miami, he served as vicar general and executive director of the Ministry of Persons. He also served on the boards of St. Thomas University and Barry University in Miami, and St. Leo College near Tampa.

On May 25, 1990, Dorsey was installed as the third Bishop of Orlando, a title he held until his retirement on Nov. 13, 2004. During his episcopacy, the Orlando diocese almost doubled in size, growing from about 216,000 Catholics to almost 400,000. Much of Dorsey's tenure was spent addressing the needs of the rapidly expanding diocese, including building new churches, establishing new parishes and schools and other ministries and services, and opening spiritual and medical clinics to help the large, heavily Catholic immigrant workforce employed in Florida's agriculture industry.

One of the spiritual highlights of Dorsey's episcopacy happened in 1996, when the bishop gathered 11,000 people for the first diocesan-wide celebration of the Sacrament of Confirmation.

In 2004, his final year as bishop, Dorsey established Bishop Grady Villas, a 10-acre residential community in St. Cloud for adults with disabilities. Dorsey undertook the project at the urging of parents of these individuals.

Dorsey remained in residence in Orlando after his retirement, continuing to serve the people of central Florida and remaining active in the Passionist religious order.

Prior to his death, Bishop Dorsey made it known that he would prefer his passing to be honored with financial contributions to the Passionists, rather than flowers. Donations may be made to the Passionist Community Support Fund, Passionist Pastoral Center, 111 South Ridge St., Suite 300, Rye Brook, N.Y., 10573.


Hampden District Attorney Mark Mastroianni creates DNA unit to expedite evidence processing

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New DNA testing was used most recently to help solve a more-than-20-year-old murder case in Springfield.

Mark Mastroianni mug 2012.jpg Hampden District Attorney Mark Mastroianni has established a DNA unit aimed at getting the best forensic evidence tested and processed in as short a time as possible for his prosecutors to try their cases.

SPRINGFIELD — A new DNA unit organized by Hampden District Attorney Mark G. Mastroianni is aimed at getting the best forensic evidence tested and processed in as short a time as possible for his prosecutors to try their cases.

The creation of the DNA unit “goes hand in hand with what I’m trying to do in these cold cases,” the district attorney said in announcing creation of the unit.

Mastroianni’s office has been looking at a number of older, unsolved murders to see if they have forensic evidence which, if retested with newer methods, could help solve a case.

In late January Faustino Diaz Jr., now 54, was arrested for the 1991 slaying of 90-year-old Myrtle Marrett in her apartment. Technological advances in the intervening years allowed investigators to match Diaz’s DNA profile with DNA from evidence found at the scene of the rape and murder of Marrett more than two decades ago.

Mastroianni made clear that his move to establish the DNA unit was not prompted by any specific case, but is a move to streamline the evidence process so cases can move forward and all testing is done in a timely manner.

“There is a constant battle to get your forensic testing done in time, get the results you need,” Mastroianni said. The testing and use of DNA evidence in criminal prosecutions is “kind of a complicated web to weave,” he said.

Mastroianni named assistant district attorney Karen Bell to head the new DNA unit; she will be assisted by two support-staff employees, he said.

“She’s the liaison between the (State Police) forensic laboratory and our office,” Mastroianni said.

The unit's work will be aimed at developing an in-house DNA database for his office's cases which would then be linked to the state forensics lab and other state and national criminal databases, Mastroianni said.

“We want to be more up to date with CODIS (Combined DNA Index System) hits,” Mastroianni said. CODIS, managed by the FBI, is a computer software program that operates local, state, and national databases of DNA profiles from convicted offenders, unsolved crime scene evidence and missing persons.

Mastroianni said someone needs to be watching when the CODIS information is run against DNA in other cases and the new unit can do that. A large part of the unit's work, he added, will be ensuring all forensic evidence in cases is tested in the best manner possible.

“We’ve been using outside labs a lot more because of the timing and certain specialties,” he said. “If I find out I want a specialty used for forensic testing and our lab doesn’t do it, I have found private labs in the country that will do it and I’ll send it out. We have to pay, but we do.”

Each prosecutor, when a case is screened, will highlight the criminalistics report and the DNA unit will become involved, Mastroianni said.

“The case will get entered into a database so we know what DNA testing needs to be done or if we want other things tested or other types of tests,” he said. “We’ll make sure that we hit all the deadlines, make sure reports come back in a timely manner.”

Mastroianni said his office’s legal counsel, Elizabeth Dunphy Farris, was instrumental in creation of the unit. “She structured it, organized it and set up a system of how it could run based upon her training and experience which is extensive,” he said.

Mastroianni said he selected Bell to oversee the unit because she has been his second chair in most of the major murders he has tried, including the Eric B. Denson murder case.

Mastroianni called the Denson case one of the most “forensically intensive cases Hampden County has had in a long time.”

Denson was convicted by a jury – after 15 days of testimony from dozens of witnesses – on a first-degree murder charge for the 2010 fatal stabbing of Cathedral High School soccer star Conor W. Reynolds. He was sentenced to the mandatory sentence of life in state prison without the possibility of parole.

Mastroianni said when he and Bell worked on the Denson case they became extremely familiar with the state crime lab, how DNA is processed and handled. In that case, the prosecution hired an outside lab, Orchid Cellmark, in Dallas, in addition to using test results from the state lab, he said.


Agawam seeking state funds to restore School Street Barn built in 1880s

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The School Street Barn is known for its unique double-ramp architecture.

School Street barn 2007.jpg Agawam officials hope the city will be able to get state funding to refurbish the School Street Barn, seen here.  


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AGAWAM – Now that the City Council has approved using $315,000 in the city’s Community Preservation Act money as a match for a grant to restore the historic School Street Barn, officials are moving ahead with an application for state funding.

The Planning Department will soon submit an application to the Massachusetts Historical Commission for $100,000 to help pay for the approximately $413,000 restoration.

Planning Director Deborah S. Dachos said Wednesday she is writing the state grant application, which is due March 8, with help from the Pioneer Valley Planning Commission.

“It is a very detailed application,” Dachos said.

The council recently voted 7-4 to approve spending the $315,000 as a match to get state funds.

“I’ve been working with very dedicated people the last six years,” Dachos said. “I was so pleased with the level of support on the council.”

City officials want to use the money to frame the basement and provide a new foundation, siding, roofing, doors and windows as well as a handicapped lift from the basement to the first floor.

Dachos said the work will make the structure suitable for public programs as long as portable toilets are provided.

City Councilor Robert E. Rossi said it was important for him to know that the money for the city’s match is available from the community preservation account.

“It’s important to preserve the history of the community. It is a unique barn in terms of architecture,” Rossi said.

The barn 1880s-era structure is listed on the National Register of Historic Places. From 1930 to 2002, it was known in the are as the Hampden County Prison Farm. Inmates worked at the farm to raise produce.

The structure is remarkable for its double-ramp structure that allows for straight passage through the barn because it has two means of egress. It is one of only two such types of barns in Western Massachusetts.

The money will be taken from community preservation money earmarked for projects with historical significance.

Community preservation money is raised in Agawam from a 1 percent surcharge on some property tax bills that allows for some matching funds from the state. It may be used only for projects involving open space, historic preservation, recreation and affordable housing.

City Councilor Donald M. Rheault, who voted against tapping the Community Preservation Act money, said he favors just securing the building to preserve it for posterity.

Cara Rintala murder trial jury gets crash course in police forensics in Hampshire Superior Court

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Prosecutors have said that Rintala hacked at the doorway with the shovel to make police think that someone tried to break into the house.

Cara Rintala trial begins in Northampton Cara Rintala of Granby, center, arrives in Hampshire Superior Court Feb. 11 flanked by her lawyers, Luke Ryan, left, and David Hoose, right. Rintala is accused of killing her wife, Annamarie Cochrane Rintala, in ther Granby home in March 2010.  

NORTHAMPTON – The jury in the Cara Rintala murder trial got an education in police forensics Wednesday, but there was little drama in any of the evidence discussed.

The science of fingerprinting, paint analysis and photographing a crime scene were among the topics that came up in Hampshire Superior Court, where Rintala, 45, is facing a charge of first degree murder in the death of her wife, Annamarie Cochrane Rintala. Police responding to a 911 call on March 29, 2010, found the defendant in the basement, cradling her wife’s paint-spattered body and wailing. Rintala has pleaded innocent to the charge.

State trooper Christopher Dolan was among a series of police and forensic scientists called to the stand by the prosecution. Dolan, who specializes in fingerprints, explained to the jury how a print is made and how investigators record and compare them. Dolan testified that he compared prints recovered at the scene to five samples belonging to the defendant, the victim, the victim’s father, William Cochrane, Mark Oleksak, a friend and co-worker of the two wives, and Carla Daniele, a Springfield police officer.

Daniele was listed in one of Annamarie Rintala’s obituaries as being among her “numerous cousins, extended family members and special friends.”

She has been on leave since late January when her domestic partner, Amy A. Vacirca, committed suicide using Daniele’s service weapon at their home in Agawam, police said. Hampden District Attorney Mark G. Mastroianni said he will determine if there is evidence to support Daniele being charged with improper storage of the gun. Springfield police are investigating also.

Testifying Wednesday, Dolan said he found five prints on a paint bucket in the basement, where Annamarie Cochrane Rintala’s body was found covered in white paint. Only four were usable, he said. Two of those belonged to William Cochrane, the victim’s father, who had reportedly given the wives the paint. The other two usable prints did not match any of his samples, Dolan said. He ran them through an FBI data base containing hundreds of thousands of fingerprints but did not find a match, he said.

Dolan testified that he also found a print on a broken plate in the basement that he could not match to anyone. There were no detectable prints on a shovel he tested, Nolan said.

Prosecutors have said that Rintala hacked at the doorway with the shovel to make police think that someone tried to break into the house. Parker Putnam, a forensic scientist with the state police, testified that he matched paint residue on the tip of the shovel with paint on the door jamb, where there were hack marks.

Court recessed early Wednesday when prosecutor Steven Gagne told Judge Mary-Lou Rup his next scheduled witness was ill. The trial is scheduled to start early Thursday so Rup can preview the testimony of a witness to determine if it is admissible.

Community Foundation of Western Massachusetts accepting scholarship applications

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Last year the Community Foundation awarded $2 million in scholarships and loans.

Valley gives 12312.jpg Working on the Valley Gives fund-raising event for local non-profits at the Community Foundation of Western Massachusetts are, from left, Maureen Trafford, Katie Allan Zobel, Ellen Brout Lindsey, Kristin B. Leutz, Jenny Papageorge, Sheila Toto, Dawn Lapierre and Dotty Theriaque. Katie Allan Zobel and Kristin Leutz are co-vice presidents of philanthropic services at the foundation. The Community Foundation of Western Massachusetts oversees many scholarship programs which assist students from across the region.  


The Community Foundation of Western Massachusetts is now accepting applications to award roughly $2 million in scholarships and interest-free loans for local students planning to pursue education at the undergraduate and graduate levels for the 2013-2014 academic year.

Over 100 funds will provide awards considering academic merit and financial need. Scholarships range from $500 to $8,000, and students may also apply for interest-free loans of up to $3,000.

Many funds support students with special interests in areas including academics, athletics and music. Other scholarships support specific geographic areas, ethnicities and religious affiliations.

Last year the Community Foundation awarded $2 million in scholarships and loans to 844 individuals. Of that, about $1.4 million went to 516 Hampden County residents.

Students can apply for scholarships and loans by completing just one online application available at www.communityfoundation.org.

Applications and all supporting materials must be postmarked or submitted online by March 29, 2013.

The Community Foundation of Western Massachusetts supports charitable work in Hampden, Hampshire and Franklin Counties. For more information about the Community Foundation call 413-732-2858 or visit www.communityfoundation.org.



More Massachusetts toll roads? Technology behind open-road tolling will make them easier to implement

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Open-road tolling uses EZ-pass technology, or cameras and a billing system, rather than toll booths.

By Andy Metzger
STATE HOUSE NEWS SERVICE

BROCKTON — Open-road tolling is an inexpensive prospect for the Massachusetts Department of Transportation to put in place, but the ease with which it can be implemented could spell more tolls for drivers outside the Interstate 90 corridor, according to Transportation Secretary Richard Davey.

"While it might not happen in my time," Davey told lawmakers Wednesday, the launch of open-road tolling -- which requires no tollbooths or toll collectors -- in Massachusetts will "set the table" for potential tolling on new roads.

"All electronic tolling we really think holds out a promise. And we mentioned this in our plan, potentially for future tolling in and around the state. It is certainly an equity issue in this Commonwealth when it comes to folks paying," Davey said, referring to the tolls along the Massachusetts Turnpike.

Addressing members of the House and Senate Ways and Means committees at a budget hearing, Davey said, "Although we need the federal government's approval if we wish to toll other interstates in the future -- 93, 95, 84, 91 -- one of the hurdles that has been said in the past is you have the cost of construction."

That is not an issue with open-road tolling, which uses EZ-pass technology, or cameras and a billing system, rather than toll booths. "Open road tolling is not expensive," Davey said.

He said the state's 1960s-era tollbooths would need to be rebuilt anyway, and the funds for switching to open-road tolling can come out of toll revenues.

One hitch is negotiations with the toll collectors, and Davey said he is hoping to find them new jobs in MassDOT or the private sector, though the negotiations have "been declared at an impasse."

Speaking about tolling gave Davey a chance to sound off on the neighbors to the south.

"The number one toll scofflaws are Connecticut residents. Unfortunately we can't collect yet with Connecticut residents because we don't have an agreement with the state of Connecticut," Davey said.

He said the state has an agreement with Maine and New Hampshire to collect tolls unpaid by drivers in those states.

Davey testified that open road tolling would begin soon, "starting with the Tobin Bridge later this year." Spanning the Mystic River from Charlestown to Chelsea, the Tobin Bridge has tolls on inbound side. "The Tobin Bridge is a very easy place to do it," Davey said.

In addition to lessening congestion and improving air quality, the Patrick administration estimates its all-electronic tolling plans could eventually reduce operating costs by $50 million a year, in part by replacing toll collectors.

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