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Police respond to multicar accident on Interstate 91 in South End of Springfield

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People could be seen standing on the side of I-91 by one of the cars that was facing a guardrail.

SPRINGFIELD - Police responded about 9:45 Wednesday night to a multicar accident on Interstate 91 northbound near Exit 3 in the South End of Springfield.

People could be seen standing on the side of I-91 by one of the cars the was facing a guardrail.

According to state police, no citations were issued and there were no injuries.

 


'Suspicious' package on Norwottuck Rail Trail in Hadley found to be empty backpack

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Officials with the Hadley police and fire department and the state police bomb squad have since cleared the scene after determining the backpack was no danger.

This is an update of a story originally posted at 8:04 p.m. Wednesday.

HADLEY - A suspicious package found along the Norwottuck Rail Trail that triggered an emergency response by police and firefighters turned out to be an empty backpack, police said.

Officials with the Hadley police and fire department and the state police bomb squad have since cleared the scene after determining the backpack was no danger.

Police were notified just after 7 p.m. by someone reporting a suspicious package on the rail trail near Cross Path Lane. Officials were on scene for about two hours before determining there was no danger, police said.

Cross Path Road is the first intersection with the rail trail after crossing the Connecticut River bridge into Hadley from Northampton.


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Winning Powerball numbers for Aug. 7 $448M jackpot announced

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The winning Powerball numbers on Aug. 7 in the near-record $448 million jackpot are: The Powerball numbers (white): 05-25-30-58-59 The Powerball red Power number: 32 The next drawing is scheduled for Wednesday night.

The winning Powerball numbers on Aug. 7 in the near-record $448 million jackpot are:

The Powerball numbers (white): 05-25-30-58-59

The Powerball red Power number: 32

The next drawing is scheduled for Wednesday night.

Powerball official: 3 winners for $448 million jackpot

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Powerball luck has struck three times -- once in Minnesota and twice in New Jersey.

powerball-jackpot-winning-numbers.JPGThe winning Powerball numbers were drawn shortly before 11 p.m. Wednesday, with the jackpot estimated at $448 million.
DES MOINES, Iowa (AP) -- Powerball luck has struck three times -- once in Minnesota and twice in New Jersey -- for the multistate lottery's latest massive jackpot.

Sue Dooley, senior drawing manager production coordinator for the Multi-State Lottery Association, said late Wednesday night that three tickets matched all six numbers and would split the $448 million Powerball jackpot.

"We had three grand prize winners," Dooley said. "One was in Minnesota and two were in New Jersey."

She said it wasn't yet clear where the tickets had been sold or who the winners where. She said that information would come from the individual states' lottery officials.

The numbers drawn Wednesday night were: 05, 25, 30, 58, 59 and Powerball 32.

At the time of the telecast, Powerball officials announced that the jackpot previously pegged at $425 million had grown to an estimated $448 million.

The allure of capturing such a rich jackpot has had players in a ticket-buying frenzy, further confirming Powerball players often don't get into the game until the jackpot offers big bucks.

A recent game change increased the frequency of huge jackpots, and Wednesday's third largest-ever jackpot comes only months after the biggest Powerball jackpot in history -- a $590 million pot won in Florida.

Second suspect in January armed robbery indicted

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A woman was arraigned in Berkshire Superior Court in connection with a January armed robbery.

PITTSFIELD — A Pittsfield woman has been indicted and arraigned in connection with a January armed robbery in which a woman was pistol whipped and a small amount of cash was stolen.

The Berkshire Eagle reports that Sarina J. Sweeney, 23, entered pleas of not guilty to 10 charges in Berkshire County Superior Court Wednesday. She was released on her personal recognizance pending a later pretrial hearing.

Sweeney is accused, along with her accomplice, Jeffrey D. Mable, 35, of New York City, of robbing a man and woman as they stepped from their car, shortly after midnight January 25. Police say the suspects wore all black clothing and masks.

During the confrontation, the female victim was struck in the face with a 9mm handgun shown by the robbers. The two escaped the area but Marbles was captured not long afterward when police followed his footprints in the snow. He faces additional charges after he attacked the K9 dog used to apprehend him.

Police recovered a 9mm handgun, a knife and some cash.

Yesterday's top stories: Police say rapist tried to entice teen to perform in movie, teen charged with child rape, and more

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The owner of a Westborough self-storage company is facing charges for allegedly trapping a Verizon worker in an airtight underground vault because he was livid the worker had parked on his grass.

These were the most read stories on MassLive.com yesterday. If you missed any of them, click on the links below to read them now.

1) Police: Convicted rapist living in Ware tried to entice teen girl to perform in sex movie [Jim Russell]

2) Springfield police: 17-year-old Canon Circle resident arrested on warrants for rape of child with force, kidnapping [George Graham]

3) Police: Verizon worker locked in underground vault by angry Westborough property owner [Associated Press]

4) Suspended Springfield police officer Rafael Nazario to resign as part of plea bargain in rape case [Buffy Spencer]

5) Enrico Villamaino sentenced to serve 4 months in Ludlow jail in East Longmeadow voter fraud case [Buffy Spencer]

Photos: A slideshow of the flavor of the 99th St. Agrippina di Mineo Feast on Hanover Street in the North End of Boston.


New Holiday Inn Express construction in full swing on State Street in Springfield after years of delay and hurdles

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The Rev. Timothy Baymon, president of Epiphany Development Corp., said construction of the 98-room hotel, with a project cost of more than $10 million, is moving well and will create approximately 50 full-time jobs.

SPRINGFIELD – After various hurdles and delays since 2006, Archbishop Timothy Baymon was proudly showing off the features of a new Holiday Inn Express this week, under construction and slated to open by the end of the year at the Epiphany Tower building on State Street.

Baymon, president of Epiphany Development Corp., said construction of the 98-room hotel, with a project cost of more than $10 million, is moving well and will create approximately 50 full-time jobs. Furniture was being delivered in the past two weeks as interior renovations continued.

The project was announced in 2006, but faced many challenges along the way including the economic recession, changes in partners, a costly cleanup of asbestos and the need for a full gutting of the interior, Baymon said.

“This was Hotel 101 for me,” Baymon said. “I learned a great deal, lots of prayers. We weathered the storm.”

Baymon said he is confident the project will be a success with or without a casino, and was planned before any talk of a casino. MGM Resorts International is competing for a state gaming license to build an $800 million casino in the South End, walking distance from the hotel.

Casinos are also being proposed in Palmer and West Springfield, with the Massachusetts Gaming Commission planning to award one license in Western Massachusetts.

The hotel is across the street from the MassMutual Center.

A key feature to the eight-floor hotel project are large windows in the rooms, providing natural lighting and a view of the downtown, Baymon said. In addition, the rooms are of ample size with high ceilings, and the hotel will have a fitness room and conference room for private functions, he said.

Large boilers were removed from the basement, creating space for a hotel pool under construction, he said. The lobby area on the first floor will have many tables for breakfast and a fireplace, he said.

The 98 rooms are on the top seven floors, and are being built in accordance with stringent guidelines from Holiday Inn Express, such as requirements for carpet, floor and wallpaper colors and materials, Baymon said.

Jhanvi Hospitality is the contractor-developer and will manage the hotel. Epiphany Development will own the hospitality company and property and profits from the hotel will benefit the Epiphany Development’s programs in partnership with other groups, Baymon said.

Epiphany Development formed in 2006, and is the economic development arm of the Holy Christian Orthodox church. The corporation’s stated purposes include pursuing economic development initiatives with profits benefiting its programs to help the poor, conduct charitable causes and increasing access to education. The hotel is taxable property.

The developers have a 55-car parking lot a half block away on Willow Street, and space for 15 cars on one side of the building, along with valet parking, Baymon said.

Mary Kay Wydra, president of the Greater Springfield Visitors and Convention Bureau, said she is encouraged that the project is moving forward, having known there were delays in recent years. There are also plans for a new hotel Hampton Inn and Suites hotel on East Columbus Avenue, ready for groundbreaking this month.

“We welcome the development,” Wydra said. “Clearly, developers are seeing opportunities within the community.”

The new hotels along with existing hotels give the consumers and travelers to the Springfield area many price and location options.

When promoting the Springfield area, the bureau stresses that the region offers accessibility, affordability and attractions, Wydra said. The array of hotels means competition, giving choices to consumers and spurring investment by the hotels.

Palmer Conservation Commission charges Blake Lamothe violated wetlands laws by removing vegetation, building fence, without proper permits

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The issues involving the Water Street property have been ongoing since last year.

PALMER - The Conservation Commission has taken resident Blake E. Lamothe to court for violating the Massachusetts Wetlands Protection Act and the town’s wetlands bylaw for cutting and removing vegetation at his 103 Water St. property and for constructing a fence there, and is seeking more than $25,000 from Lamothe as a civil penalty.

The complaint was filed in April in Housing Court in Springfield.

Lamothe, who maintains he has done nothing wrong on the property, attributes his issues with the commission to town politics.

"We're not breaking any laws. We’re not doing anything wrong. We're using our property," Lamothe said on Thursday. "We're just claiming our property boundaries down there, that's it."

Lamothe owns an approximately 8-acre tract that borders the Quaboag River. He said the fence prevents his livestock from leaving the property.

The problems began in May 2012 when the town conservation agent inspected the property and found it to be in violation of the Wetlands Protection Act and the town wetlands bylaw.

Two enforcement orders were issued - in May and September - requiring Lamothe to correct the violations, as work was done without approval from the commission. He was ordered to cease and desist until a filing was made and the commission granted approval, and to create a restoration plan to remove the fence from the riverfront resource area .

A state Department of Environmental Protection agent inspected the property and agreed it was in violation; the state agency told Lamothe to raise the fence so wildlife could pass under it.

"The defendant has ignored said orders and correspondence and has done nothing to correct the violations," the complaint states.

According to the complaint, the Wetlands Protection Act "provides no person shall remove, fill, dredge, or alter any protected wetland, or cause, suffer, or allow such activity, without filing a notice of intent and obtaining an order of conditions or superseding order of conditions, from the appropriate Conservation Commission or from DEP permitting such work." The town's wetlands bylaw outlines similar requirements.

The Conservation Commission is seeking $25,000 from Lamothe for violating the Wetlands Protection Act, and an additional $300 per day for each violation of the town wetlands bylaw. It also is asking the court to place a lien on the property to ensure compliance with court orders. It also wants Lamothe to immediately file a notice of intent and comply with its enforcement order.

The town's former conservation agent, Glenn Colburn, has said the land is of concern because it is subject to flooding, and debris could become trapped in the fence during a flood, causing property damage downstream. Colburn said if Lamothe came to them first, a proper review could have taken place, and permits could have been granted.

Conservation Commission Chairman Robert J. Ring said the monetary amount included in the complaint is not there to fill the town's coffers. At this point, Ring said the matter has taken up a lot of time for the volunteer board and the conservation agent, and has become "very expensive."

"It's a very small piece of property we're talking about," Ring said.

The matter will be back in court for a review Sept. 23.

Lamothe said the state Department of Environmental Protection requested that they cut slats into the fence to let wildlife pass through, which was done. Lamothe said he also submitted a notice of intent, but Ring said what was submitted was not a notice of intent, and was not what the commission was looking for, and did not resolve the problems.

Ring said the commission continues to get complaints about the property, and is seeking permission from the court to inspect it. Ring said there may be additional damage to the water resource area from having the animals on the parcel.

Lamothe said the site once housed the Dewey Farm, and he is simply using it for agricultural reasons, like it had been in years past. Lamothe said he needs the fence, as one of his goats was killed last summer.

"What I'm doing is nothing out of the ordinary so it's kind of foolish for the Conservation Commission to raise such a big issue over something that is so insignificant," Lamothe said.

Lamothe said he believes the issues will be settled by the Department of Environmental Protection.

"Farmers put fences through property lines all the time. This is nothing new . . . It's just to protect our livestock," Lamothe said.

"We're probably not even going to go to court," Lamothe said. "Bob Ring is the one who's fighting the issue, for no reason."

Lamothe said he is in favor of moving the public works department to Burleigh Park, and using the present space where the department is for events like community concerts. He said Ring is opposed to moving the department to the park, because he lives nearby.

When asked about Lamothe's statement, Ring said it was the first he was hearing of this, and said he's not against moving public works to the park, and that it could cut down on vandalism there.

Lamothe is a former town councilor and Palmer Redevelopment Authority member. He previously has attributed the strife involving his Water Street property to complaints from neighbors.


Holyoke native Charles W. Dinn, co-founder of Dinn Trophies & Medals, remembered by sons

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The late, co-founder of Dinn Trophies & Medals gave cash bonuses to employees who quit smoking.

HOLYOKE — Charles W. “Bill” Dinn lived partly in Naples, Fla., but his sons said it could have been Naples, Italy -- the co-founder of Dinn Trophies & Medals never really left Holyoke.

Dinn, 82, died Wednesday after a battle with cancer, said his sons Paul, William and Michael, who talked about their father Thursday.

"He was a Holyoker, die-hard," said Michael Dinn, 42, vice president of sales and marketing.

"He liked to connect the dots," said William Dinn, 46, vice president of operations. "He'd ask what street you lived on in Holyoke and he'd ask if you know this person or that person, until he found someone you both knew."

Paul Dinn, 48, company president, said his father had homes here and in Florida. He was a reserve officer briefly with the Holyoke Police Department, he said.

"Instead of officially going onto the police force, he decided to go into business with his brother," Paul Dinn said.

Charles and J. Paul Dinn, founded Dinn Brothers in 1956. As the business grew, it moved to South Hadley and back to Holyoke before moving to its current headquarters in a 72,000-square-foot manufacturing facility at 221 Interstate Drive, West Springfield, just over the line from Holyoke.

Charles Dinn and his wife of more than 50 years, Patricia (Kennedy) Dinn, also have two daughters not involved in the family business, Carol Robinson, of South Hadley, and Kathleen Dinn, who lives near Boston.

In 1982, Charles Dinn quit smoking. Thereafter, his sons said, he would give cash bonuses to employees who kicked the habit.

"He was very caring and generous," Michael Dinn said, "but he did it under the radar, he didn't want people to know."

"He was a decent guy," William Dinn said.

"Hard worker -- work, family and religion," Michael Dinn said.

"Just simple," Paul Dinn said.

"He knew where he came from," William Dinn said.

"Loyal friend," Paul Dinn said.

Of the company's 90 employees, he said, one has been there 45 years and several others longer than 20 years.

Charles Dinn was grand marshal of the 1995 Holyoke St. Patrick's Parade.

In January 1995, then-U.S. Rep. John W. Olver read the following proclamation about Dinn's parade honor into the Congressional record:

"Mr. Speaker, on Friday the 20th of January, a reception will be held in honor of Mr. Dinn and I would ask that my colleagues join me in saluting, Mr. Charles W. ``Bill'' Dinn as the 1995 Grand Marshall of the Holyoke St. Patrick's Day Parade."

Administrative law judge's ruling on MMWEC-backed complaint could save electric customers in New England millions

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The attorney general’s office released a statement saying overall savings for ratepayers in New England would likely grow to $145 million per year by 2017.

LUDLOW — Electricity customers in Massachusetts could share in $72.5 million a year in savings on their electric bills thanks to a ruling issued this week by a federal administrative law judge.

The decision from Judge Michael J. Cianci Jr. would cut the allowable return on investment on power transmission equipment from 11.14 percent to 9.7 percent.

The ruling is the result of a complaint filed with the Federal Energy Regulatory Commission by the state Attorney General’s Energy and Telecommunication Division with the backing of a number of groups from across the six-state region, including Massachusetts Municipal Wholesale Electric Co., also known as MMWEC, in Ludlow.

“The transmission rate is on everyone’s electric bill,” said David Tuohey , director of communications at MMWEC. “This would reduce that rate for everyone.”

The attorney general’s office released a statement saying overall savings for ratepayers in New England would likely grow to $145 million per year by 2017.

Tuohey said Massachusetts represents about half of New England’s power market. But he couldn’t break down the potential savings by individual customer.

The attorney general's office wrote that the allowable return on investment would be decreased retroactively to 10.6 percent between October 2011 and Dec. 31, 2012, which would result in a further reduction in consumers’ bills.

“It had been obvious to us for a number of years that the profits being earned by transmission lines were way out of line with reality,” Tuohey said.

Those profits are governed by a complex federal formula with interest rates as one factor. However, plaintiffs like MMWEC pointed out that the formula hadn’t been adjusted since 2006. In that time interest rates have gone down.

MMWEC brought its complaint on behalf of the 40 municipal utilities it serves, including those in Westfield, Chicopee, Holyoke, South Hadley and Russell.

“Those of us who were plaintiffs were really looking out for ratepayers,” said Robert Rios, senior vice president of Associated Industries of Massachusetts, a statewide business group that joined in the complaint. “We think the judge made the right decision.”

High power rates make it hard for business to grow here. Frank Poirot, spokesman for Northeast Utilities, said the ruling doesn’t go into force unless it is approved by the Federal Energy Regulatory Commission as a whole, a process that could take months. In the meantime, Northeast Utilities will continue to advocate for the higher rates. Northeast Utilities, which owns Western Massachusetts Electric Co., is one of the defendants, along with National Grid.

“We continue to believe that this rate is reasonable and that it encourages investment in the region’s transmission infrastructure,” Poirot said.

Fred Kuebler, director of U.S. media relations for National Grid, said Judge Cianci’s decision could decrease investment in power lines.

Poirot cited the recently completed $718-million Greater Springfield Reliability Project. That project, meant to carry power around the city and avoid bottlenecks, was undertaken by Northeast Utilities. It was just energized in April after a year and a half of construction.

But Tuohey said the federal government already gives incentives on new investments including 1.5 percentage bonus percentage points on the rate of return.

Holyoke fire destroys home at 416 Pleasant St., displaces 4 on day of tenant's birthday

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No one was injured in the blaze, but 4 people were displaced and the building was a complete loss.

Updates a story posted Thursday at 2:29 p.m.


HOLYOKE — John P. Flathers was about to celebrate his birthday at home at 416 Pleasant St. Thursday when a neighbor shouted the building was on fire.

Flames were flickering out all three floors of the two-family building before firefighters controlled the blaze by about 2:45 p.m., Fire Department Lt. Thomas G. Paquin said.

No one was injured, but four people lost their homes and the building was a complete loss, said Paquin, despite the efforts of Flathers.

"We had just gotten back from shopping for a gift for me at the mall and I was in the bathroom and my downstairs neighbor came up and said, 'Johnny, call the Fire Department, call the Fire Department.' I tried to put it out with a fire extinguisher," said Flathers, but he said the blaze overwhelmed him.

"Happy birthday," said Flathers, a resident there for seven years, who turned 43.

flathers.JPGJohn P. Flathers 

The building at Pleasant and Allyn streets had two floors occupied and an attic. One person lived on the first floor and three on the second floor. It had an assessed value of $151,700, was built around 1880 and is owned by Philip Theriault, Paquin said.

A cause of the fire has yet to be determined. A police officer in a passing cruiser reported the blaze at 1:58 p.m., Paquin said.

"By the time we got here, flames were showing on all three floors," he said.

Bystanders crowded lawns across from the fire and aimed smartphones at the smoky building to take photos. The air was filled with the roar of fire truck engines and firefighters wielding saws to cut through the building's roof.

FIrefighters toting heavy coats and other gear were showered in sweat, sitting on truck bumpers or on the street to rest and guzzle Gatorade and water.

"It's unbearable," Fire Department Inspector Jordan Lemieux said.

"Hot day," firefighter Thomas Colon said.


Fuel mix-up at F.L. Roberts Sunoco station in West Springfield fouls dozen vehicles; company picks up cost of repairs

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The delivery driver has to pay attention to which tank is being filled, and in this case the driver did not do that.

WEST SPRINGFIELD – The F.L.Roberts Company was on the hook recently for several thousands in repair costs for about a dozen vehicles after one of the company’s fuel delivery drivers put the wrong fuel in two different storage tanks at the company’s Sunoco station, 518 Memorial Ave.

“He put diesel in a super fuel tank and super in a diesel fuel tank,” said Steven M. Roberts, president and CEO of the company.

The amount placed in each tank was relatively small during the mix up, which occurred in late July, he said, but it was enough to foul a dozen vehicles which found themselves running on the wrong type of fuel – although they apparently did not run for very long.

“We knew about it immediately. It did not take long,” he said.

The company immediately addressed the matter, agreeing to the owners of each vehicle for all repair costs associated with the mix up. While not wanting to disclose the total cost in compensation, Roberts said it was in excess of $10,000.

The station also had to be shut down temporarily and the two holding tanks pumped out.

Roberts said he believes all of the vehicles that received the wrong type of fuel have been identified. The company was able to determine how much of each fuel was pumped in the wrong tanks and through sales receipts determine how much was purchased by customers.

The mix up occurred as a result of human error, specifically inattentiveness on the part of the delivery driver.

Unlike with an automobile, where a diesel nozzle will not fit in a non-diesel fill spout, the intake nozzles for the diesel and gasoline storage tanks are the same size.

The delivery driver has to pay attention to which tank is being filled, and in this case the driver did not, Roberts said.

The driver, a long-time employee with a spotless record, was disciplined but he was not fired, Roberts said.

“He’s been a driver for a long time and never had anything like this happen before. He couldn’t explain how he possibly did it,” he said.

“It should not happen in the future; it shouldn’t have happened in the first place.”

4 train cars derail in Palmer; railroad official says no danger to public

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The four cars were empty and of no threat to the surrounding area, a railroad official said.

PALMER — Four freight cars derailed Thursday afternoon in the Thorndike section of town after somehow jumping the rails, an official with the Massachusetts Central Railroad Corporation said.

Stephen M. Fontaine, senior vice president and manager of marketing and operations, said damage was limited because the four cars were empty.

There were no injuries.

Palmer police and fire responded to the scene initially out of concerns for the release of hazardous materials, he said. There were no materials spilled, and no threat to the vicinity because the cars were empty, he said.

Fontaine said the train pulling the cars was heading south from Ware and traveling slowly, roughly 15 mph.

The railroad will seek to return the cars to the tracks either Friday or Saturday, he said. They are also investigating to learn how the cars jumped the tracks.

The derailment occurred near the former Diamond Cascades plants near Church Street.


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Lawyer: Lee Police Chief Joseph Buffis, charged with extorting money from 2 people facing prostitution-related charges, 'has done absolutely nothing wrong'

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"This demonstrates no one is above the law, even if it is a fellow member of law enforcement we are going to pursue it," Berkshire District Attorney David Capeless said.

Updates a story posted Thursday at 12:06 p.m.


SPRINGFIELD — Following a nearly year-long joint FBI and Massachusetts State Police investigation, Assistant U.S. Attorney Stephen Breslow filed four criminal charges against Lee Police Chief Joseph Buffis at federal district court in Springfield Thursday alleging he extorted $4,000 from two people facing prostitution-related charges.

Buffis' attorney says he is innocent.

Buffis was charged with three counts of money laundering and one count of extortion by use of fear based on his office. A court date has not been set.

A statement from the U.S. Attorney's Office said: "It is alleged that in February 2012 Buffis, 55, of Pittsfield, acting in his official capacity as Lee Police Chief, extorted a $4,000 'donation' from two individuals who were facing prostitution-related charges.

"The 'donation' was made payable to the Edward J. Laliberte Toy Fund, a holiday toy fund that Buffis controlled. Buffis deposited the $4,000 check into the Toy Fund's bank account and quickly withdrew $3,990 which he then deposited into a joint bank account that he operated with his wife. The diverted money was then used to pay for various personal expenses. Buffis is alleged to have lied to law enforcement about the disposition of the funds."

Contacted Thursday, Lee Town Administrator Robert Nason said: “This is the first I have heard of it.” Nason said he would need to review the court documents before commenting.

A official at the Lee Police Department said Buffis is on vacation.

The police official said the chief had not set up his voice mail to accept telephone messages. Calls placed to Buffis’ cell telephone were not returned.

Buffis' attorney, Lori Levinson, said in a telephone interview, “Chief Buffis has done absolutely nothing wrong. He has enjoyed a long and unblemished career in law enforcement. We are confidant that at the end of the day he will be cleared of any wrongdoing.”

The criminal indictment of Buffis stems from a January 2012 sting intended to address reports of prostitution at a local inn, court documents show.

In the indictment, two people targeted in that sting are identified as Citizen 1 and Citizen 2.

“While the Lee Police Department and state police did not arrest anyone on that date, Buffis informed the Berkshire Eagle that Citizen 1 and Citizen 2 had been arrested on prostitution-related charges,” court documents show. “The Berkshire Eagle reported the arrests … which caused Citizen 1 and Citizen 2 emotional distress and resulted in lost business for the inn.” The indictment does not name the individuals nor disclose which inn.

The indictment says Lee police sought criminal complaints against the two at Southern Berkshire District Court located in Great Barrington.

According to the government, Buffis drafted a secret deal with the two suspects.

The Lee police chief allegedly promised the two that if they paid him $4,000 “as a voluntary donation in lieu of criminal fines or civil forfeiture action” – supposedly for the toy fund -- the pending complaint against them involving prostitution would go away, the indictment says.

As part of the Buffis deal with the two, according to the indictment, the police chief had them agree that “none of the parties would disclose the outcome of the proceedings” -- and the pair “would be barred from bringing a civil or criminal action against the Town of Lee or its employees.”

Buffis did this at the courthouse, according to the prosecutor, just before the probable cause hearing that was to take place at Southern Berkshire District Court on February 21, 2012.

U.S. vs. Joseph Buffis Indictment by masslive

The indictment states that at the probable cause hearing, “Buffis informed the Clerk Magistrate, in sum and substance, that a] the matter should be continued only until the end of the day, b] Citizen 1 and Citizen 2 had agreed to donate the prostitution proceeds, c] the parties had entered into a non-disclosure agreement, and d] the Lee Police Department did not intend to proceed with any charges. Accordingly, the Clerk Magistrate did not issue any criminal complaints against Citizen 1 and Citizen 2.”

That action resulted in Buffis being charged with extortion. Because money went from the toy fund account to his personal bank account, he is charged with money laundering.

The indictment says Buffis “made false statements” to state police and “obstructed” the investigation -- involving “the disposition of the ‘donation’” and that he and his wife spent the money at a liquor store and a hardware store.

Berkshire District Attorney David Capeless was asked why the U.S. attorney’s office is prosecuting the case – instead of his office -- and why the FBI led the investigation.

“We were concerned about maintaining a good working relationship with Lee police while prosecuting the chief; so we spoke with the FBI and asked them to lead the investigation,” Capeless said.

Capeless also said that Buffis had initially asked for assistance from the state police crime unit overseen by the district attorney regarding the prostitution allegation at the inn.

“Then task force members heard” the prosecution by Lee police suddenly ended, Capeless said. “We became alarmed and began to look into it.

“This demonstrates no one is above the law,” Capeless added. “Even if it is a fellow member of law enforcement we are going to pursue it. I was very concerned a charge as serious as prostitution was being scuttled.”

Capeless said it is for selectmen to decide what to do with Buffis while the case winds its way through court.

State Rep. William “Smitty” Pignatelli, D-Lenox, whose district includes Lee, said: “I find it unfortunate. I have known the chief and his family a long time. It is certainly not a reflection of the good work the police in Lee does on an ongoing basis. We have to see how it plays out. It is going to run its course and whatever will be will be.”

Contacted Thursday afternoon, lifelong Lee resident Bill Navin, 65, said he had just heard about the matter watching it on a New York television station.

“Personally, knowing him and his family, it is very, very, very hard to believe,” Navin said.

“I have had a lot of dealings with Joe. Everybody’s loves him. But on another note, there is a lot of turmoil in the police department.”

Navin works as a security officer at a local company, and frequently attends the Tuesday night selectmen’s meetings. He often speaks to them.

“It’s devastating to the community, to everybody. A lot of people are depressed over it,” Navin added. He is a town meeting member

Deidre Consolati, who is also a town meeting member, stated: “Leaders in the town of Lee seem to have forgotten their responsibilities to the townspeople. The secrecy in Lee government has now come to an end. We want accountability, big time.”

The U.S. attorney’s office has asked those who have donated cash or toys to the Edward J. Lalilberte Toy Fund or who have applied to the fund to contact the FBI Springfield office at (413) 732-0159. Anyone who has questions or concerns regarding this matter should call.


Granby police advise residents against leaving valuables in cars

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The Granby Police Department is advising residents against leaving valuables in their cars following a rash of break-ins reported in recent weeks

GRANBY - The Granby Police Department is advising residents against leaving valuables in their cars following a rash of break-ins reported in recent weeks.

People are also warned to keep their car doors locked, windows rolled up and moon roofs closed whenever their cars are left unattended.

In addition to breaks in Granby, polices said they have heard of similar incidents in surrounding communities.

The police also ask that residents call police if they see any suspicious activity in their neighborhood or anywhere else in town.

Anyone with questions or concerns may call the police at (413) 467-9222.


Two-vehicle collision closes Memorial Avenue in West Springfield

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The collision sent a pickup truck through the iron gates surrounding the Big E grounds.


West Side Crash IIWest Springfield police and firefighters check out one of the vehicles involved in a crash Thursday night at Memorial Avenue and Exposition Avenue in West Springfield. 

WEST SPRINGFIELD - Memorial Avenue was closed off to traffic in both directions late Thursday as a result of a two-vehicle collision at Exposition Avenue that sent on of the vehicles crashing through the iron gate surrounding the Eastern States Exposition.

At least one person was taken away by ambulance following the accident, reported shortly after 10:30 p.m.

Police and firefighters were still at the scene, and information on the crash or the condition of any injured was not available.

The accident occurred near Lattitude Restaurant at 1338 Memorial Ave.

More information will be posted as it becomes available.


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Coast Guard: Man aboard 31-foot sailboat missing

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Man missing on 1,500 mile solo sailboat trip.


BOSTON (AP) — The Coast Guard is searching for the sole crewmember aboard a sailboat making a Maine-to-Florida trip that hasn't been heard from since Sunday.

The Coast Guard says 61-year-old Stephen Crane last reported his position as he rounded Cape Cod, Mass., Sunday. They say his sister notified the Coast Guard the 31-foot Southern Cross sailboat called the Austina did not arrive in Cape Hatteras, N.C., as expected Thursday afternoon.

Crane departed Portland, Maine, on Aug. 1 and was headed to Fernidina, Fla.

The Coast Guard says its sectors along the east coast are attempting to reach the Austina. Additional crews are scheduled to make aerial searches Friday morning.

Anyone with information is asked to contact the Coast Guard.

US warns tourists to avoid Pakistan, withdraws some diplomatic staff over terrorism fears

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In a travel warning, the State Department said the presence of several foreign and indigenous terrorist groups posed a potential danger to U.S. citizens throughout Pakistan.

WASHINGTON -- The State Department on Thursday warned Americans not to travel to Pakistan and ordered nonessential government personnel to leave the U.S. Consulate in Lahore because of a specific threat to that diplomatic mission.

In a travel warning, the State Department said the presence of several foreign and indigenous terrorist groups posed a potential danger to U.S. citizens throughout Pakistan.

The personnel drawdown at the Lahore consulate was a precautionary measure and wasn't related to the recent closures of numerous U.S. diplomatic missions in the Muslim world, two U.S. officials said. The consulate in Lahore was scheduled to be closed for the Eid holiday from Thursday through Sunday and no reopening had been scheduled, one of the officials said.

The officials were not authorized to discuss the order by name and requested anonymity.

Earlier this week, 19 U.S. diplomatic outposts in 16 countries in the Middle East and Africa were closed to the public through Saturday and nonessential personnel were evacuated from the U.S. Embassy in Yemen after U.S. intelligence officials said they had intercepted a recent message from al-Qaida's top leader about plans for a major terror attack.

None of the consulates in Pakistan or the U.S. Embassy in Islamabad were affected by the earlier closures.

Dance review: O Vertigo Danse delivers challenging program with hypnotic live music

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O Vertigo Danse and the Quebec Contemporary Music Society perform through Sunday in the Ted Shawn Theatre at Jacob's Pillow Dance Festival, 358 George Carter Road, Becket.


BECKET – Live music makes every dance performance better.

That was certainly true for O Vertigo Danse on Thursday night at Jacob’s Pillow Dance Festival.

The Montreal-based modern dance company performed a one-hour long work entitled “La Vie Qui Bat (The Beat of Life).” The piece was accompanied by the Societe de Musique Contemporaine du Quebec, which performed Steve Reich’s mesmerizing minimalist work “Drumming.”

Like Philip Glass’s compositions, Reich’s music has a hypnotic quality perfectly suited for modern dance. That might explain why so many different dance companies have used their music to accompany their works.

“Drumming” is an especially driving piece of music that propels the action forward throughout the piece. Along with drums, the musicians play xylophones and at times sing ethereal wordless music.

There’s a chant-like quality to the music created in 1971. And there’s no separating the music from the piece created by O Vertigo Danse.

To be honest, if you don’t like minimalist music, you probably won’t like “The Beat of Life.” It’s like difference between a painting by Mark Rothko or Ellsworth Kelly and Rembrandt or Vermeer. The older, classical artists create works full of rich detail and subtle nuance. The modern, minimalists strip their art down to its barest essentials.

At times, I personally found “The Beat of Life” a bit repetitive. But it might have been partly because of the great wine I had before the performance with friends at a picnic at Jacob’s Pillow .

But I give credit to O Vertigo Danse and Jacob’s Pillow for presenting a challenging piece that pushes audience’s expectations. Too often, too many dance companies take the safe route, presenting work that they know audiences will love.

O Vertigo Danse’s choreographer Ginette Laurin seems to have channeled Merce Cunningham or minimalist master Lucinda Childs when she created “The Beat of Life.” This 1999 work constantly moves forward and builds and builds throughout the piece.

At the beginning of “The Beat of Life,” breathing takes center stage. A single dancer walks slowly across the stage as she seems to be conscious of every breath she takes. There’s no music playing as she walks from stage right to stage left. She then walks towards the back of the stage, then turns and looks back at the audience and seems to hiss like a feral animal.

Then the rhythmic music starts up and other dancers soon join her on stage. And while I’m not exactly sure what this has to do with anything, all of the dancers have bright red neon hair like the lead character in the German movie “Run Lola Run.”

The movements throughout “The Beat of Life” are kept to a minimum. In fact, as the music seems to pick up speed at times, the movements seem to slow down to a crawl as the dancers move at a glacial pace.

So what does this all mean? Why do the dancers dance so slowly sometimes as the music picks up intensity? To be honest, I don’t know. And while I will admit I was slightly bored at times by “The Beat of Life,” I’m glad I was able to see such a challenging group perform in unison with such a stunning group of musicians.

O Vertigo Danse and the Quebec Contemporary Music Society perform through Sunday in the Ted Shawn Theatre at Jacob's Pillow Dance Festival, 358 George Carter Road, Becket. Performances are 8 p.m. Friday and Saturday, 2 p.m. Saturday and Sunday. Tickets range from $39 to $59. Youth tickets for $10 each are also available. Both shows are listed as being sold out. To purchase tickets or for more information, click here or call (413) 243-0745.

Also this week at Jacob's Pillow, Jessica Lange Dance performs in the Doris Duke Theatre Friday and Saturday at 8:15 p.m. and Saturday and Sunday at 2:15 p.m. According to Jacob's Pillow website, "Lang combines powerful dancing, beautiful scenic landscapes, and expressive choreography in lush contemporary ballets.

NEXT WEEK AT JACOB'S PILLOW

World-renowned New York City Ballet soloist Wendy Whelen (Aug. 14 - 18) presents a collaboration with four choreographers entitled "Restless Creature" in the Ted Shawn Theatre. The world premier features four duets with Whelen and Kyle Abraham, Joshua Beamish, Brian Brooks, and Alejandro Cerrudo.

Flamenco dancer Myriam Allard and singer Hedi "el Moro" Graja formed the group La Otra Orilla (Aug. 14 - 18), which perform in the Doris Duke Theatre. According to the Pillow's website, the "expert ensemble of percussionists, guitarists, and singers. . . present EL 12, an imaginative production merging traditional flamenco dance, contemporary choreography, creative video animation, live music, and captivating stagecraft."

Whitey Bulger deliberations will go into 4th day; judge adds jury instruction

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Judge Denise Casper gave jurors an added instruction at the request of prosecutors, urging them to make findings on each of the 33 racketeering acts against Bulger.

BOSTON — Jurors in the Boston racketeering trial of reputed mobster James "Whitey" Bulger deliberated for a third day Thursday without reaching a verdict.

The 12-member federal jury will return to the jury room Friday morning.

Bulger, 83, is accused of playing a role in 19 killings during the 1970s and '80s as leader of the Winter Hill Gang, Boston's murderous Irish mob. He was captured in Santa Monica, Calif., in 2011 after 16 years as one of the nation's most wanted fugitives.

On Thursday, Judge Denise Casper gave jurors an added instruction at the request of prosecutors, urging them to make findings on each of the 33 racketeering acts against Bulger.

The 33 acts, which underpin a racketeering charge against Bulger, include the 19 killings Bulger is accused of playing a role in, plus extortions, money-laundering and narcotics distribution.

Casper told the jury that in order to find that a certain racketeering act has been proven or not proven by prosecutors, the jury must be unanimous. She said if they are unable to agree unanimously, they can move on to the next act. But she also said told them they "have a duty to attempt to reach agreement on each of the racketeering acts if you can do so conscientiously."

The added instruction appeared to be aimed at encouraging the jury to make findings on each of the murders. Relatives of the victims have sought justice for decades, and many of them have been in court for every day of the two-month trial.

Later Thursday, jurors asked to examine a machine gun that was among a cache of weapons Bulger allegedly hid in South Boston.

The 9 mm German MP40 submachine gun is the subject of the final charge of the indictment against Bulger. In that count, he is charged with possession of a firearm with an obliterated serial number. The judge agreed to send the gun in to the jury room.

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