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Amherst police say investigation into bicycle accident that sent 20-year-old UMass student to Baystate nearly complete

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Police have not yet had a chance to interview the female victim.

AMHERST – Police say their investigation into a bicycle accident that sent a 20-year-old University of Massachusetts student to Baystate Medical Center in Springfield Sunday night is nearly complete.

Lt. Ronald Young said the victim, who suffered broken bones, has been discharged from Baystate and is now recuperating at her Topsfield home.

The accident occurred about 7:30 p.m. when the woman collided with a pickup truck at Route 9 and University Drive. The driver of the pickup stopped at the scene and is cooperating with police, Young said.

Police have already interviewed a number of witnesses to the crash but have not yet had a chance to interview the victim, Young said.

“At this time, no citation has been issued,” he said.


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Nanci Salvidio, named in investigation of ex-Westfield State University president Evan Dobelle's spending, out of a job

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Westfield State University spokeswoman Molly Watson could not be reached for comment about Nanci Salvidio's status Thursday.

WESTFIELD — Nanci Salvidio, whose university-issued credit card was used by ex-Westfield State University president Evan Dobelle to charge a 2011 trip to London and Vienna, is no longer employed at the university, sources said.

The trip combined personal and professional interests, Dobelle later acknowledged after reimbursing the Vienna expenses.

Booked only four days in advance, the trip was authorized by Salvidio, associate vice president of alumni and community relations.

The school’s auditing firm cited the Boston-London-Vienna trek as one example of a broader pattern of questionable spending by Dobelle and other administrators between 2008 and 2012.

An email to Salividio's work address Thursday got this reply: "I am currently out of the office."

Molly Watson, university spokeswoman, said, "The administration does not comment on personnel matters out of respect for the dignity and reputation of every person involved as well as to maintain the integrity and credibility of the process."

Salvidio's annual salary was $133,970, according to state payroll records. She earned $14,170 so far this year, the record shows.

Earlier this week a lawyer for Dobelle said he has approached the state Attorney General’s office about settling two lawsuits filed against the school by his client.

In a letter this week, Hartford lawyer Ross H. Garber noted that Westfield State is already facing an estimated $1.2 million in fees for its own lawyers and is responsible for paying his client’s expenses as well.

“Dr. Dobelle’s legal fees . . . while nowhere near the amount incurred by the university, are still substantial,“ Garber wrote in a letter to Assistant Attorneys General Doris White and Jeffrey T. Collins, who represent the school.”

An out-of-court settlement, Garber said, could offer a “lower-cost, more efficient" resolution to the state and federal lawsuits filed by Dobelle and “reduce costs to the Commonwealth, its taxpayers and WSU parents and students."

Dobelle resigned on Nov. 8, ending a high-profile battle with state Higher Education Commissioner Richard M. Freeland and Westfield State trustees over his spending on travel, restaurants, entertainment, limousines and other items.

Following a 10-hour, closed door session on Oct. 17, the trustees placed Dobelle on paid leave, prompting him to file a lawsuit a week later in U.S. District Court claiming his constitutional and contractual rights were violated.

He filed a second suit in Hampden Superior Court in December to force Westfield State to pay his legal expenses from two ongoing state investigations into his travel, as well as costs from the federal lawsuit.

The dispute over Dobelle’s spending began in August when the school’s auditor released the first public summary of his travel, including visits to China, Thailand, Vietnam and Hong Kong and 15 trips to San Francisco.

The auditors found that Dobelle repeatedly violated travel and credit card policies, including charging personal travel expenses for himself and family members to school-related credit cards.

In response, Dobelle said his travel benefited the university, and any personal expenses charged to the school were later reimbursed.

Neither the state Inspector General nor the Attorney General’s office have completed their investigations, and no charges have been filed against Dobelle or any school employee.

The Daily Hampshire Gazette received a list of people working in the president's office at the university – after submitting a public records request – and Salvidio’s name was not on it, that newspaper reported.


Higher earnings from big companies lead Wall Street investors to shrug off discouraging jobs, retail spending news

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The stock market rose for the 5th time in 6 days Thursday as higher earnings from several big U.S. companies helped investors shrug off discouraging news about jobs and retail spending.

By STEVE ROTHWELL
AP Markets Writer

NEW YORK — The stock market rose for the fifth time in six days Thursday as higher earnings from several big U.S. companies helped investors shrug off discouraging news about jobs and retail spending.

Goodyear Tire & Rubber surged to its highest level in almost six years after the company's earnings beat analysts' forecasts. CBS also jumped after the broadcaster beat Wall Street's profit expectations and speed up its stock buyback program.

Investors' focus has returned to company earnings after concerns about growth in emerging markets and the health of the U.S. economy pushed the Standard & Poor's 500 index to its lowest level in more than three months at the start of February. Analysts at S&P Capital IQ expect that earnings at companies in the index increased last quarter at the fastest pace in a year.

"The momentum from earnings continues," said Andres Garcia-Amaya, a global market strategist at JPMorgan Funds.

Thursday's numbers

  • The Standard & Poor's 500 index rose 10.57 points, or 0.6 percent, to 1,829.83.
  • The Dow Jones industrial average climbed 63.65 points, or 0.4 percent, to 16,027.59.
  • The Nasdaq composite rose 39.38 points, or 0.9 percent, to 4,240.67.

Time Warner Cable surges on deal with Comcast

Stocks also got a lift from deal news.

Time Warner Cable surged $9.50, or 7 percent, to $144.81 after the company agreed to be acquired by rival Comcast for $45.2 billion in stock. The deal would combine the top two cable TV companies in the United States. Comcast fell $2.27, or 4.1 percent, to $52.97.

The biggest gains in the S&P 500 were posted by utility companies. Gains in these stocks suggest investors are looking to play it safe. Utilities don't have the best growth prospects, but they pay steady dividends and operate in stable industries.

Stocks opened lower Thursday following lackluster reports on the U.S. job market and retail sales.

The number of people seeking unemployment benefits rose 8,000 last week to 339,000, the Labor Department said. Economist had forecast claims of just 330,000.

A separate report showed that cold weather caused U.S. retail sales to drop in January as Americans spent less on autos and clothing and at restaurants during a brutally cold month. The Commerce Department says retail sales fell 0.4 percent last month, the second straight decline after a 0.1 percent drop in December.

The stock market inched higher throughout the morning. Major indexes turned positive by late morning as investors assessed a handful of encourage corporate earnings reports.

Goodyear Tire & Rubber surged $2.77, or 11.5 percent, to $26.94 after it reported a big earnings gain. Strong sales in the company's core North American market helped the tire maker's results.

CBS rose $2.76, or 4.5 percent, to $64.61 after reporting fourth-quarter earnings and revenue growth that beat Wall Street's expectations. Advertising revenue was flat, but there was growth in content licensing thanks to the sale of shows such as "Hawaii Five-O" for domestic reruns.

Despite the recent signs of stabilization, the stock market is still going through a pullback driven largely by the Federal Reserve's decision to cut back on its economic stimulus program, said Barry Knapp, the head of U.S. equity portfolio strategy at Barclays.

The stimulus underpinned the stock market's rally last year, but policy makers have reduced it at each of their last two meetings. The Fed has scaled back its bond purchases from $85 billion a month to $65 billion a month.

Typically, pullbacks that are prompted by a change in Fed policy last between two and three month and push stocks lower by as much as 9 percent, according to Knapp.

"It seems a little too soon for (stocks) to have worked their way through this yet," said Knapp. "We don't think the uptrend is going to resume right away, stocks will probably still struggle a bit in the first half of the year."

In government bond trading, the yield on the 10-year note fell to 2.73 percent from 2.76 percent on Wednesday. The price of oil was little changed at $100.35 a barrel. Gold gained $5.10, or 0.5 percent, to $1,300.10 an ounce.

Among other stocks making big moves:

— Whole Foods dropped $4, or 7.2 percent, to $51.46 after the grocery chain reported fiscal first-quarter profit and revenue that came in below analysts' forecasts. The company, known for its organic and natural food offerings, also lowered its earnings projections for the year again as the company faces more and more competition.

— Cisco Systems fell 58 cents, or 2.5 percent, to $22.27, after the company reported late Wednesday that weaker revenue and special charges weighed down its second-quarter earnings.


Worcester officials prepare for the winter storm's second round; city schools closed on Friday

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With nearly 9 inches of snow now settled on the ground, there is a little lull in the storm. But don't get complacent. Weather experts warn that the second phase of the storm will bring a wintry mix overnight.

WORCESTER — With nearly 9 inches of snow now settled on the ground, there is a little lull in the storm. But don't get complacent. Weather experts warn that the second phase of the storm will bring a wintry mix overnight.

Because of the ongoing snow removal and the forecast for more ice and snow to come, Worcester Public Schools will be closed on Friday, Feb. 14.

To remain watchful of what Mother Nature will bring next, city officials continue to gather at the Emergency Operations Center to coordinate the mid-storm cleanup and prepare for what's to come. Representatives from the Public Works and Parks department, the Department of Public Health, fire, police and emergency medical services, along with officials from the Inspectional Services department have staffed the center since noon Thursday, according to a release from the city.

Earlier today, more than 370 plows and other pieces of snow-removing equipment hit the streets, and many will be re-dispatched as needed throughout the storm.

According to the National Weather Service, another 2 to 5 inches of snow could accumulate overnight, but before that happens about one-tenth of one inch of ice could blanket the area as a mixture of freezing rain and sleet throughout the county. It goes without saying, but the wintry mix will make traveling conditions difficult and could cause isolated power outages.

If you need assistance, important numbers to remember to call for help, as shared by the city, include:

  • DPW Customer Service Center, (508) 929-1300

  • National Grid: The 24-hour Customer Service Line, (800) 465-1212

  • Emergency, 911

  • Springfield firefighter dons survival suit, rescues dog from frigid waters of Porter Lake in Forest Park

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    The dog, a shepherd-mix, was safely reunited with its owner after falling through the ice at Forest Park.

    SPRINGFIELD — A Springfield firefighter donned a survival suit and safely rescued a dog that fell that through the ice of Porter Lake early Thursday afternoon.

    Dennis Leger, aide to Fire Commissioner Joseph Conant, said the incident began shortly after 1 p.m. when the dog, walking with its owner off-leash, decided to jump into an open patch of water on the lake.

    The dog, a shepherd-mix, could not clamber back onto the ice on its own and was stuck in the frigid water some four or five feet from shore.

    Lt. Anthony Santaniello, of Engine 3 out of the White Street substation, donned a survival suit and safely tethered to shore and rescued the dog. The dog was out of the water within 10 minutes of the call, Leger said.

    The dog was returned to its owner, Leger said, adding that it refused to cooperate when a move was made to bring it inside the fire truck for a while to warm up.


    Former Libertarian candidate Dan Fishman, once seen as a spoiler, endorses Richard Tisei's second campaign for Congress

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    Dan Fishman, the man seen by many as the person that snatched victory from former Senate Minority Leader Richard Tisei in his 2012 contest with Congressman John Tierney, has thrown his support to Tisei.

    Dan Fishman, the man seen by many as the person who snatched victory from former Senate Minority Leader Richard Tisei in his 2012 contest with Congressman John Tierney, has thrown his support to Richard Tisei. Tisei is running for the 6th District Congressional seat.

    Fishman, a Libertarian, formally endorsed Tisei today in a letter to the Gloucester Times calling the Republican "moderate" and "socially tolerant."

    "You would think that Democrats would welcome a shift in the GOP's social policies, but they actually fear it. Should moderates like Richard Tisei get elected, it will become apparent that real tolerance is about tolerating views with which you don't agree," wrote Fishman.

    Tisei, a small businessman who is openly gay, said in a press release that he welcomed the endorsement from Fishman.

    "Like so many others in this district, Dan and I share the same philosophy, namely that the government should get off our backs, out of our wallets, and away from the bedroom. Washington has become too big, too unwieldy, and increasingly disconnected from the people of this country," said Tisei in the release.

    In 2012, Fishman was criticized by Republicans for entering the race between Tierney and Tisei. Fishman received 16,739, compared to the difference of 4,330 separating Tierney and Tisei. He was ripped in the usual corners of conservative media like talk radio and the blogosphere for not only "spoiling" the race, but for running against a candidate he shared much in common with ideologically.

    Tierney was seen by many as incredibly vulnerable due to an offshore gambling and tax fraud scandal that resulted in a 30-day prison sentence for his wife, Patrice.

    Tierney, a Democrat, currently faces two primary challengers: Marisa DeFranco, a former candidate for US Senate and immigration attorney, and former Marine and Salem businessman Seth Moulton.

    Obituaries today: Luigi Cignoli ran A. Cignoli & Sons, was investigator with Massachusetts Division of Professional Licensure

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    Obituaries from The Republican.

     
    021814-luigi-cignoli.jpgLuigi Cignoli 

    Luigi C. Cignoli, 83, passed away on Saturday. A lifelong resident of Springfield, he grew up in the South End. He was educated in Springfield and was a graduate of the former Technical High School, Class of 1947, where he was a member of the baseball team. He served in the U.S. Army during the Korean War, as a corporal, where he saw battle while stationed in Inchon. Upon his return from the war, he joined his parents in the family business, A. Cignoli & Sons, eventually taking over the business upon his parent's retirement. Later he served as an investigator for the state Division of Professional Licensure until his retirement in 2000.

    To view all obituaries from The Republican:
    » Click here

    Julie Corey's father: 'I don't think justice has been served'

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    On Tuesday, after his daughter was officially sentenced to spend the rest of her natural life in state prison, Earl Corey and his wife, Elaina Corey, sat down with a reporter to discuss the trial

    Earl Corey, Sr. had prepared himself for his daughter to be found guilty.

    He sat through Julie Corey's entire trial, waking up before 6 a.m. each morning and driving with his wife the 150 miles from their home in Warren, New Hampshire to court in downtown Worcester. Watching every witness and lining up each fact with his theories about who killed Darlene Haynes.

    Earl Corey knows his daughter was involved. After all, she had Haynes' baby. She would have to take some responsibility for that. Second-degree murder, he was ready for that. But first-degree murder seemed out of the question.

    "There's just so many unanswered questions," Earl Corey said. "I just don't understand how a jury could come up with first-degree murder."

    Last week, a Worcester County Superior Court jury deliberated for about a full day before returning their verdict: guilty of murder in the first degree. They believed Julie Corey murdered Haynes in her apartment, cut open her stomach and pulled out her unborn baby.

    On Tuesday, after his daughter was officially sentenced to spend the rest of her natural life in state prison, Earl Corey and his wife, Elaina Corey, sat down with a reporter to discuss the trial.

    "I don't think justice has been served," Earl Corey said. "I think there's still some pretty bad people walking the streets of Worcester that should be in jail."

    The Coreys plan to travel to Boston, if there's an appeal hearing before the Massachusetts Supreme Judicial Court. Julie Corey's attorneys have filed a notice of appeal.

    Julie was involved

    Earl Corey, a burly man with white hair and a thick New England accent, is not naive enough to believe his daughter knew nothing about the murder. He's spent the past four-plus years agonizing over just how it all happened.

    "I don't believe she had anything to do with killing Darlene," Earl Corey said. "She obviously knows who did."

    Julie Corey told her father and stepmother that she got a call to come take the baby. She didn't say who it was from and they didn't press her on it.

    They said they wish she had just up the phone and called the police.

    Julie Corey was pregnant in the months leading up to the murder. Then, in June, she had a stillbirth. She didn't go to the hospital. Elaina Corey, who is Julie Corey's stepmother, said she thinks Julie -- who hated hospitals, like her father -- had the baby in her apartment.

    She didn't want her boyfriend, Alex Dion, to find out because she feared he would leave her, Earl Corey said.

    After they had the baby, Julie Corey and Dion drove to New Hampshire and stopped at her father's house. Dion testified that they were planning to stay with the Coreys, but the home didn't have enough room.

    Elaina Corey says that's not true. They had room, and wouldn't have turned away a 3-day-old child. Earl Corey didn't care much for Dion, but he tried to get along so he could see his daughter and the baby he thought was his granddaughter.

    The Coreys visited Julie in prison on Saturday, a few days after she was found guilty. She broke into tears the minute she saw them.

    They have custody of one of Julie Corey's five children, a 17-year-old boy. He visits his mom in prison, and attended the trial for one day. Corey's four other children are scattered, living on their own or with other relatives.

    Months before the murder, in December 2008, Julie Corey was living with them in New Hampshire. Earl Corey said she was "three days away" from getting approval for a Section 8 apartment in Concord, N.H. Before that could happen, she got back together with her boyfriend, Alex Dion, and moved back to Worcester.

    Earl Corey wonders what might have happened if she'd stayed up north.

    Other suspects

    Earl Corey believes a number of people were involved in Haynes' death.

    "You couldn't listen to that evidence that came out in that trial and not think that others were involved," Earl Corey said.

    There was Haynes' boyfriend, Roberto "Tito" Rodriguez, who the cops initially suspected and who the defense tried to focus blame upon. He had a history of violence against women, and was seen coming out of a cemetery the day after the murder.

    "Who knows? Did he get in a fight with her, did he whack her a little bit too hard? Who knows?" Earl Corey said.

    Then, there was Julie Corey's boyfriend, Alex Dion. Earl Corey believes Dion was in the apartment the night of the murder. The prosecution argued that calls from Rodriguez's phone to the apartment Dion and Julie Corey shared were coming from Julie Corey, pretending to be in the hospital giving birth. Earl Corey believes it was Dion calling Julie Corey.

    Then, there were the men seen entering Haynes' apartment the weekend between her death and the day her body was found. Timothy Tripp, a friend of a neighbor, went in to retrieve a fish tank, apparently with Rodriguez's permission. There was William Daviau, who died days before the trial began, who a neighbor claimed to have seen on the porch with Julie Corey and Haynes hours before the murder.

    "I get so mad at Julie too," her father said. "All these people who are involved in this thing, she considered them friends, and all they did was kick her under the bus a little bit further."

    Police investigation

    Then, there was the police investigation. Earl Corey said it seemed haphazard and incomplete. He admitted that he probably watches too many cop shows, but he couldn't see how detectives could let so much potential evidence in Haynes' home go untested.

    "The Worcester Police just let a lot of leads slide down the drain," he said. "They investigated a murder the way you might investigate a fender bender at the intersection."

    Corey's defense spent much the two-and-a-half week trial hammering away at the investigation. Why hadn't police collected more than 12 items from Haynes' apartment? Why hadn't they tested more than three of them for evidence? Why didn't they search Rodriguez's van, or his apartment?

    Two fathers

    Trial of Julie Corey, accused of killing pregnant woman and stealing her babyAn urn containing the ashes of murder victim Darlene Haynes 
    Earl Corey wasn't the only father to spend nearly every day of the trial in court. Fred Haynes, father of the victim, was a fixture in the seat just behind prosecutors.

    He broke down in court on Tuesday when asked to make a victim impact statement. Prosecutor Daniel Bennett spoke for him, displaying a can of ashes that held Darlene Haynes' remains.

    Outside the courtroom, Fred Haynes told reporters he had waited five years for the verdict, but it wasn't enough.

    "Life in prison ain't good enough for her," he said.

    Earl Corey says he feels for Haynes.

    "Her father, I can't imagine what he's going through because I haven't gone through that," Earl Corey said. "I'm going through the second-worst thing, he's going through the worst."


    Springfield City Council Public Safety Committee postpones meeting on reviving Police Commission

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    The City Council is considering resurrection of the 5-member Police Commission.

    SPRINGFIELD — The City Council Public Safety Committee has postponed its meeting regarding a proposal to resurrect the Police Commission because of inclement weather.

    The meeting is rescheduled on Thursday, Feb. 20, at 4:30 p.m., at City Hall.

    Six city councilors have sponsored an ordinance seeking to re-establish a five-member Police Commission that would involve members appointed by the mayor. Under the proposed ordinance, the commission would oversee Police Department policy, along with appointments, promotions and disciplinary matters.

    City Solicitor Edward M. Pikula issued a legal opinion last week, stating the ordinance is contrary to the city charter unless it is also approved by the mayor. Mayor Domenic J. Sarno said he is opposed to the commission, believing those powers should remain under a single police commissioner.


    MGM Springfield reaches sponsorship agreement with Majestic Theater in West Springfield

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    MGM Resorts International announced Tuesday that it had entered a seasonal sponsorship agreement to promote the local programs of the Majestic Theater in West Springfield.

    After a fruitful Massachusetts Gaming Commission meeting in Boston Tuesday morning, MGM Resorts International announced that it had entered a seasonal sponsorship agreement to promote the local programs of the Majestic Theater in West Springfield.

    Michael Mathis, incoming president of MGM Springfield, said, “We are pleased that MGM Springfield and the Majestic Theater were able to reach an agreement and can now work cooperatively to ensure a mutually beneficial future in the Pioneer Valley. We thank the Majestic Theater’s leadership team for its hard work and cooperative spirit leading up to today."

    In light of the agreement which was reportedly reached late last week, the Majestic Theater withdrew its petition before the Massachusetts Gaming Commission to be classified an impacted live entertainment venue. At Tuesday's meeting, the commission gave officials from the Eastern States Exposition one week to work out an agreement with MGM officials before ruling on its request to be classified an impacted venue.

    Danny Eaton, Majestic Theater founder and producing director, said, "As we know in the theater -- actions speak louder than words -- and our agreement speaks volumes. MGM's follow-through and professionalism allowed us to come to this agreement and we are grateful with the result and show of support."

    The commission voted Tuesday to consider Longmeadow a surrounding community to MGM's proposed $800 million casino in Springfield, but denied similar requests for such a designation from Northampton and Hampden. Casino executives now have 30 days to negotiate with Longmeadow officials seeking mitigation funds to deal with a projected increase in traffic before negotiations go to arbitration.

    "We look forward to continuing to work cooperatively with officials from Longmeadow and the Big E to come up with agreements that will serve all parties, and allow us to avoid the arbitration process," Mathis said in a statement.

    The agreement with the Majestic Theater calls for MGM Springfield to purchase the full capacity of the theater for one night for each of the theater's five annual productions for five years. The sponsorship will begin the first full year after the opening of MGM Springfield, should it receive the license for the western region of the state.

    MGM is still considering how it will use the seasonal sponsorship opportunity but likely will hold special complimentary MGM Springfield nights at the Majestic for employees and guests, as well as community non-profit agencies.

    Additionally, MGM Springfield will purchase playbill advertising for eight years, commencing in the first full year after the award of the gaming license to MGM Springfield. The Majestic Theater will cross-market and publicize MGM Springfield in its playbills and other materials distributed during performances.


    Supreme Judicial Court rules against WWLP's Bill Pepin on challenge to Massachusetts' endangered species rules

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    The SJC ruled against Pepin, a Hampden landowner, on Tuesday in his bid to build a home on land the state says is the protected habitat of a special turtle.

    BOSTON — The Massachusetts Supreme Judicial Court ruled against Hampden landowner William Pepin on Tuesday in his bid to build a home on land the state says is the protected habitat of a special turtle.

    “Obviously, I’m disappointed in the decision,” said Pepin, president and general manager of WWLP-TV Channel 22.

    Pepin said he is still digesting the opinion, and he plans to sit down with his legal advisers to determine whether there are any next steps he can take. “There’s always the U.S. Supreme Court, I suppose, but I don’t know what my options are,” Pepin said.

    Commissioner Mary Griffin of the Department of Fish and Game said the department is pleased with the ruling. “The highest court of Massachusetts has upheld a state permitting program that tries to prevent animals and plants from going extinct or being eliminated from our state,” Griffin said. “That is really a core environmental mission. If the state isn’t at least doing that, it’s hard to say we're protecting the environment at all.”

    The ruling from Massachusetts’ highest court is the culmination of a case that started in 2006. Pepin and his wife, Marlene Pepin, own 36 acres of land in Hampden, where they had hoped to build a retirement home. However, in 2006, after the state adopted new regulations based on the Massachusetts Endangered Species Act, the Division of Fisheries and Wildlife said the Pepins’ land was considered a “priority habitat” for the eastern box turtle.

    The “priority habitat” designation is not explicitly spelled out in the Endangered Species Act, but was created by the state as a new category to give state officials a chance to review projects in environmentally sensitive areas on a case-by-case basis and make recommendations for landowners to mitigate impacts to animals that are in danger.

    The designation of the Pepins’ land was based on one person’s sighting of a female eastern box turtle on or near the land in 1991. The designation applies to habitats of endangered or threatened animals, or animals of “special concern” like the box turtle, which are seeing their populations decline. The designation placed certain restrictions on the Pepins’ use of the land. Their plans to build had to be reviewed by the state, and they would have had to set aside part of the land for conservation and pay money into an environmental fund.

    After unsuccessful appeals to the state, the Pepins turned to the courts, where they challenged the validity of the regulation creating the “priority habitat” designation and also challenged the way it was applied in their case.

    “They felt that the Endangered Species Act passed by the legislature was a wonderful law, but the regulations for priority habitats that were promulgated with the Division of Fisheries and Wildlife were inconsistent with that legislation,” said Attorney William Murray, who represented the Pepins.

    A magistrate judge and a Superior Court judge found in favor of the Massachusetts Division of Fisheries and Wildlife and determined that the division did have the power to make the designation. The Supreme Judicial Court decided, on its own initiative, to review the case. In its ruling released Tuesday, the court upheld the lower court’s decision. It affirmed the validity of the state regulations and their application to the Pepins’ case.

    Griffin said Pepin has always had options to build his house as long as he gets department approval and follows certain environmental restrictions. “If he chooses to pursue that, we’re very willing to work with him on that,” Griffin said.

    Murray said another option for the Pepins could be to wait for two years and hope the division removes the designation. An animal sighting remains on record for 25 years, so the record of the last turtle sighting will expire in 2016, and the Division of Fisheries and Wildlife could change its designation then.

    The case drew attention from a number of advocacy groups due to its implications for the state’s ability to write rules modifying the Endangered Species Act. Several environmental groups filed briefs on behalf of the Division of Fisheries and Wildlife, while homebuilders associations and the Economic Development Council of Western Massachusetts supported the Pepins.

    Jack Clarke, director of public policy and government relations for Mass Audubon, said the decision “reaffirms the Commonwealth’s right to protect its most vulnerable plant and animal species from destruction.”

    “The case was not only important for preserving the integrity of the Endangered Species Act. The question also went to a state agency’s authority to promulgate regulations to implement statutes passed by the legislature,” Clarke said.

    Allan Blair, president and CEO of the Economic Development Council of Western Massachusetts, said the council is disappointed by the decision. “We believe the priority habitat designation created by the division unduly limits the rights of landowners and the use of their property and does not provide for fair compensation in the case where a landowner’s property is deemed undevelopable by the division,” Blair said. Blair said the issue is particularly important for Western Massachusetts, where a lot of land falls under review by the Massachusetts Endangered Species Act.

    But, Blair said, “Clearly, the decision of the Supreme Judicial Court will be the decision of the day. And although we’re disappointed, we will continue to work with the division as we work through the regulations on any given project that we may be working on.”

    The case has also spawned legislation to change the Massachusetts Endangered Species Act to give more rights of appeal to landowners. Those bills are still pending in the legislature.


    State Transportation Secretary Richard Davey talks rail, Interstate 91 viaduct

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    Transportation Secretary Richard Davey spoke for more than an hour taking questions from local business leaders.

    HOLYOKE — State Transportation Secretary Richard A. Davey talked passenger rail, Interstate 91 and the Willimansett Bridge Tuesday in a wide-ranging luncheon hosted by the Greater Northampton Chamber of Commerce.

    The event also featured remarks from state Rep. Joseph Wagner, D-Chicopee.

    Davey said he expects all construction on all three projects, including phase one work repairing Interstate 91 near the Interstate 291 ramp, to begin in 2014 if the state Senate passes a pending authorization bill already passed by the House. That $260 million first phase also includes planning for the possibility of rebuilding the 2.5-mile stretch of highway either at or below grade. Doing so would reconnect the city to its waterfront for the first time since the highway was built in the 1960s.

    "Frankly, it can allow Springfield to really dream about what it can look like," Davey said of the project that might cost $400 million or more and take five years. "We are looking at taking down highway overpasses around the state in places like Somerville and Jamaica Plain."

    He said the state is in ongoing talks with MGM Springfield about how a construction project will work with planned casino development in Springfield's South
    End.

    biz davey 1.jpgRichard A. Davey, MassDOT Secretary and Chief Executive Officer, speaks at a Greater Northampton Chamber of Commerce luncheon meeting at the Delaney House in Holyoke Tuesday.

    The $78 million rehabilitation of Springfield's Union Station is under way now.

    "We want Union Station to be a hub again," he said.

    In addition to Union Station, there is the $73 million federally funded project to improve the train track along the Connecticut River. Davey said Tuesday talks are ongoing for the state to buy the line from Pan Am Railways.

    "The bottom line is we are going to get it done," Davey said. "You are going to see a significant amount of work done this spring and I will be darned if we don't have it up and running by the time this administration leaves office at the end of the year."

    In Vermont, a $73 million project improving 190 miles of north-south track is completed. The project was paid with $53 million in federal stimulus funds and $20 million from New England Central railroad.

    Connecticut already has received $40 million for a 10-mile section of track in the first round of funding and $121 million for further work in the second round. Connecticut hopes to have stations established and commuter service operating from New Haven to Hartford by 2016.

    All those project would work in concert with the long-studied inland route, a plan to increase rail service from Boston through Worcester and Springfield to New
    Haven and north to Montreal.

    Closer to home, Davey took questions on the stalled Willimanset Bridge project between Holyoke and Chicopee. Work stopped on the bridge when the contractor went bankrupt last year, leaving neighborhoods isolated and businesses angry.

    "My hope is that the bridge will be open by the end of the year," Davey said. "I can't promise that."

    Davey and Wagner said they are meeting with the bondholder, AIG, in hopes of freeing money from the completion bond without having to go to court.

    "I know there has to be some urgency there," Davey said. "This isn't good for anyone."

    About 40 percent of the $21 million project is done, Wagner said .

    State Sen. Donald Humason, R-Westfield, said the bridge will only be done in 2014 if the money is freed soon so work can begin in the spring. No one has time for litigation in the matter, Humason said.

    Following the speech, Davey met separately with Humason and elected officials from Agawam, West Springfield and Southwick who were concerned that the state has permanently abandoned plans to finish Route 57.

    Agawam Mayor Richard A. Cohen said Western Massachusetts Electric Co. is planning to sell land once earmarked as a right of way to extend the limited-access highway portion of Route 57 east to Southwick.

    "That would block it forever," Cohen said. "People have already been displaced for that highway. We need the highway for safety. Where it ends now in Feeding Hills is right near an elementary school. It's the busiest part of town."

    He fears that the project will die if the corridor is developed.


    Davey said he's willing to listen, but Route 57 is not funded. It could be funded with money from a new gas tax instituted last year and tied to inflation. But there is a state referendum that would end that tie to inflation and cost the state $2 billion in revenue over 10 years.

    Humason said the gas tax is a separate issue.

    Following the hourlong sitdown, the local officials said Davey was receptive, especially to the economic development possibilities of a built-out Route 57. Davey said in a separate interview that transportation is about more than just paving and building.

    "It is about jobs and economic development," Davey said. "What projects are there that can help communities grow?"

    Cohen said employers in Southwick and Feeding Hills tell him they need the highway.

    "That's what this is about, growing jobs," he said,

    Accidents shut down westbound lane of MassPike in Ludlow

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    The westbound lane of the Massachusetts Turnpike is closed down due to a multi-vehicle pile-up on a section of the pike that crosses the Chicopee River, according to the Massachusetts State Police.

    An update to this story was posted at 3:59 p.m.

    Update: The Massachusetts State Police just announced that one lane has been opened and some traffic is able to go through.

    LUDLOW - The westbound lane of the Massachusetts Turnpike was closed down Tuesday afternoon due to a multi-vehicle pile-ups on a section of the pike that crosses the Chicopee River, according to the Massachusetts State Police.

    The accident is at mile marker 58 at the Chicopee River Bridge, between Exit 7 in Ludlow and Exit 8 in Palmer.

    According to State Trooper Dustin G. Fitch, there are several accidents on the bridge that were blocking all west bound traffic. The right lane has since been cleared and reopened, he said.

    Fitch said several of the vehicles are trucks that will have to be moved either by a heavy-duty tow truck or a front end loader.

    The state police also said a tractor trailer has jack-knifed near mile marker 75 in Sturbridge, and that is also blocking all west bound traffic.

    MassPike crash scene in Ludlow cleared; traffic moving slowly

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    Conditions on the turnpike are reportedly very slippery due to the storm. Speed for the entire route of the turnpike have been reduced to 40 mph.


    This is an update of a story originally posted at 3:22 p.m.

    LUDLOW - State police announced the westbound traffic on the Massachusetts Turnpike is flowing again after the scene of a multi-vehicle accident was cleared.

    Traffic had been brought to a halt Tuesday afternoon after a pile-up involving multiple vehicles, including some trucks on the bridge over the Chicopee River near mile marker 58.

    Conditions on the turnpike are reportedly very slippery due to the storm. Speed for the entire route of the turnpike have been reduced to 40 mph.

    The roadway is now open, but there is still a considerable backup in traffic in the westbound lane, according to the Massachusetts Department of Transportation.

    In addition to this accident, state police are also dealing with a tractor-trailer that has jack-knifed across the westbound lane near mile marker 75 in Sturbridge. That section of road has also reopened.

    Traffic was also slowed in Interstate 291 in Springfield near exit 3 for a car that went off the road and rolled over in the median. There were no injuries.


    Worcester County snowfall to stop as commute home begins

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    The National Weather Service is forecasting an end to the snow just in time for Central Massachusetts drivers to commute home Tuesday night.

    190 CrashA crane lifts a vehicle back onto Route 190 in West Boylston Tuesday afternoon. 

    WORCESTER — The National Weather Service is forecasting an end to the snow just in time for Central Massachusetts drivers to commute home Tuesday night.

    “It looks like the snow should end by five o'clock," said Alan Dunham, a meteorologist National Weather Service in Taunton who explained it will stop later on in northern Worcester county. “Basically between five and six the snow should be coming to an end in Central Massachusetts."

    The National Weather Service out of Boston advised drivers via their Twitter feed to avoid driving until the snow stopped flying. Visibility is down to 1/4 mile in some areas, reported the Boston NWS.

    Snow began falling Tuesday morning and has been heavy at times, said Dunham. The snowfall has been heavier in the north, with Lunenburg reporting more than six inches while Boylston has reported 3.4 inches. A winter weather advisory will remain in effect until 8 p.m. Tuesday night.

    The speed limit on the Massachusetts Turnpike was lowered to 40 miles per hour Tuesday afternoon in response to the snow. A jackknifed tractor trailer cut traffic down to one lane westbound on the pike shortly before 4 p.m. at mile marker 75 near Sturbridge, reported the Massachusetts Department of Transportation.

    Roads are still slick, the Massachusetts State Police tweeted alongside a photo of a car being lifted back onto Route 190 by a crane.

    "Anytime going through snow it’s going to be slick on roadways," said Dunham.


    Republican Frank Addivinola launches campaign for U.S. Senate seat held by Ed Markey

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    Addivinola recently lost a race for U.S. House to Democrat Katherine Clark. He has made several unsuccessful bids for elected office.

    Republican Frank Addivinola has launched a campaign for the U.S. Senate seat held by Democratic U.S. Sen. Ed Markey.

    “Now, more than ever, Republicans need to connect with the voters in Massachusetts and clearly communicate to them that the Republican Party is the party of working people, that the Republican Party is the party that will protect the middle class, that the Republican Party is the party that cares about the needy and disadvantaged,” Addivinola wrote in a message to supporters announcing his candidacy. “We have better solutions to help people improve their lives and put our country on the road to prosperity.”

    Addivinola joins Republican Hopkinton selectman Brian Herr and independent Millbury resident Bruce Skarin in challenging Markey in the November 2014 election.

    addivinola.jpgFrank Addivinola 

    Addivinola is an attorney and former biomedical researcher who owns an educational publishing company. He lives in Boston and grew up in Malden.

    In his last campaign, Addivinola talked about his opposition to the Affordable Care Act and the need to increase government transparency. He wants to cut government spending and lower the individual and corporate tax rates.

    Addivinola ran for the U.S. House in 2013, trying to win the 5th District seat that Markey vacated when he won the Senate seat. He won the Republican primary but lost the general election in a landslide to Democrat Katherine Clark. He ran for the U.S. House in 2012, but lost in the Republican primary. He also lost races for state Senate in 2010 and Boston city council in 2013.

    UMass, state celebrate installation of state's first fast electric vehicle charging station

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    UMass is the first in the state to offer a high speed electric charging station. Watch video

    AMHERST – State officials joined with University of Massachusetts officials, including Chancellor Kumble Subbaswamy, to celebrate the installation of the first level 3 electric vehicle fast charger in the state.

    The charger, obtained through a partnership with Nissan USA which donated the $35,000 station, allows a car to recharge in about 12 minutes, or 30 minutes if it needs to recharge up to 80 percent of its battery.

    State Secretary of Energy and Environmental Affairs Richard K. Sullivan Jr. praised the new charger and said it is a step toward increasing the number of electric cars on the road.
     
    Knowing such a station is available “gets rid of the range anxiety when considering
    purchasing a vehicle,” he said. People need to know there are stations available all through the state to recharge.

    He knows there needs to be more stations throughout the state to encourage electric car buying. “If people can see it will be convenient (to charge)…we need to make it convenient,” he said.

    He said a reporter called questioning why the first such station was being installed here, he said it makes perfect sense that the first station would be here. “UMass has been a real leader when it comes to climate change.”

    UMass will collect a range of data, said Bill Watts of Transportation Services. That data will help the state with the infrastructure, Sullivan said.

    UMass will be also be installing level two chargers at the Visitors Center and in the parking garage. Those stations will charge any type of electric car in four to five hours.

    The charging station only works with vehicles with a Japanese connection said Randolph Bryan who has been working as a consultant for UMass.

    But he said, the level 3 station will be able to charge American made cars in the future.
    He also said that the range will be increasing as batteries become smaller.

    Instead of ne battery, he said the car will be able to hold two that will be the same size and weight and that would about double the range from the 70 odd miles now available on the Nissan Leaf. He expects that to double again by 2020.

    Jeri Baker, director of Transportation Services, said it’s important to have the charging stations to make it convenient for departments to buy electric vehicles and know they have a place to charge.

    Watts said it would cost about $3 for a charge at the new station and will be available to anyone who is a member of ChargePoint a network of charging stations across the country.

    Budget office: Federal minimum wage hike would lift earnings for millions, but cost jobs

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    The nonpartisan report contained ammunition for both supporters and opponents of the minimum wage hike.

    By ALAN FRAM
    Associated Press

    WASHINGTON (AP) — Boosting the federal minimum wage as President Barack Obama and congressional Democrats are proposing would increase earnings for more than 16.5 million people by 2016 but also cut employment by roughly 500,000 jobs, Congress' nonpartisan budget analyst said Tuesday.

    In a report containing ammunition for both supporters and opponents of the Democratic election-year proposal, the Congressional Budget Office said gradually raising the minimum from $7.25 hourly to $10.10 would lift 900,000 people above the federal poverty level by 2016. That is out of 45 million who would otherwise live in poverty without an increase.

    But the analysis also noted a downside: About 0.3 percent fewer jobs, especially for low-income workers; higher costs for business owners and higher prices for consumers.

    The study was unveiled as the Senate prepares for a March debate on a plan by Sen. Tom Harkin, D-Iowa, ramping up the minimum in three steps to $10.10 by 2016. The proposal is backed by Obama and is a keystone of Democrats' campaign-season plans to highlight their effort to make incomes more equitable, but it faces strong Republican opposition and long odds of approval by Congress.

    The analysis, which examined increases very similar to Harkin's, immediately added fuel to the partisan dispute over the proposal. It put authoritative weight behind longtime GOP claims that increasing the minimum wage would cost jobs by forcing companies to spend more on wages, putting Democrats on the defensive.

    "This report confirms what we've long known: While helping some, mandating higher wages has real costs, including fewer people working," said Brendan Buck, spokesman for House Speaker John Boehner, R-Ohio. "With unemployment Americans' top concern, our focus should be creating — not destroying — jobs for those who need them most."

    The budget office said its estimate of employment losses was approximate. It said the actual impact would likely range from a very slight employment reduction to a loss of 1 million workers.

    "If and when Democrats try to push this irresponsible proposal, they should be prepared to explain why up to a million Americans should be kept from having a job — beyond the work already lost due to Obamacare," said Senate Minority Leader Mitch McConnell, R-Ky., using a favorite nickname of the GOP's favorite election-year target — Obama's 2010 health care overhaul.

    Democrats cited other studies that they said concluded employment would not be reduced. They said job-reduction claims are overblown and outweighed by the benefits to workers and the overall economy as low-paid employees use their higher incomes to spend more money.

    The CBO job-loss figures "do not reflect the overall consensus view of economists which is that raising the minimum wage has little or no negative effect on employment," Jason Furman, chairman of the White House's Council of Economic Advisers, said in a blog post with council member Betsey Stevenson. Instead, they emphasized the millions who would gain higher wages and the 900,000 boosted above poverty.

    "No matter how the critics spin this report, the CBO made it absolutely clear: Raising the minimum wage would lift almost one million Americans out of poverty, increase the pay of low-income workers by $31 billion, and help build an economy that works for everyone," said House Minority Leader Nancy Pelosi, D-Calif.

    A minimum wage boost can cost jobs because employers can compensate for their higher wage costs by raising prices, prompting consumers to purchase fewer goods and services and, in turn, encouraging companies to hire fewer workers, the report said. A minimum wage increase also encourages some businesses to trim the number of low-paid workers.

    But the study said the effect can be mixed.

    It noted that some firms would react by getting higher productivity from their workers, and some would see savings because increased wages could reduce turnover. Other companies could benefit as increased spending by low-wage workers boosts demand for their products.

    After 2016, Harkin's measure would require the minimum wage to be increased annually to reflect rising inflation.

    The study also examined the impact of boosting the minimum wage to just $9 hourly by 2016 and leaving it at that level afterward. That lesser increase would have smaller effects: About 100,000 fewer jobs, higher wages for 7.6 million workers and 300,000 people lifted out of poverty.

    The report said the increase to $10.10 would add $31 billion to the earnings of low-wage workers. But it noted that only 19 percent of that increase would go to families earning less than the poverty threshold, while 29 percent would go to families earning more than triple the poverty level. That is because many low-wage earners are not in low-wage families.

    But in addition, income would decrease by $17 billion for families earning at least six times the poverty level because that group would be affected most by lost business income and price increases.

    The report said that besides boosting wages for people earning less than $10.10 hourly, some people making more than that amount would also see higher earnings as bosses adjust their pay scales upward.

    Some people's incomes would grow as their earnings increase, causing them to pay more taxes. But for others, income would fall — reducing their tax burden — and still others would begin collecting unemployment insurance.

    As a result, the budget office said federal budget deficits would probably decrease slightly for a few years but then increase slightly after that.

    The budget office estimates that the 2016 poverty level would be $24,100 for a family of four and less for smaller families.

    ___

    Associated Press writers Andrew Taylor, Tom Raum and Jim Kuhnhenn contributed to this report.

    Springfield health officials continue tobacco control efforts under severely limited funds

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    State funding for tobacco control in Springfield has dropped from $425,000 annually in the mid-1990s to about $61,000 annually now.

    SPRINGFIELD – While the city continues to strive to keep tobacco products out of the hands of minors, its program has been hard-pressed in recent years under severely limited state funding, according to the city’s health director.

    For the past three years, annual state funding for tobacco control efforts in Springfield has been approximately $61,500, Helen R. Caulton-Harris, director of health and human services, said Tuesday.

    In contrast, the program received $425,000 annually from the state in the mid-1990s. Funds were initially cut severely in 2002, Caulton-Harris said.

    “Tobacco control board of health programs found themselves having to enforce additional regulations with less funding and that challenge continues to plague boards of health across the commonwealth,” Caulton-Harris said.

    While the city continues to conduct compliance checks — sending a youth into a store to attempt to buy a package of cigarettes – the frequent checks of the past are now planned on a quarterly basis, Caulton-Harris said. In cases where there are sales of tobacco to minors, fines are issued and inspections can be more frequent, she said.

    The success rate for retailers passing the compliance checks was at approximately 90 percent in fiscal year 2012, and 95 percent in fiscal 2013. The rate dropped to 74 percent thus far this fiscal year, but specific numbers and fines were not available from the department.

    The mission of curbing youth smoking remains vital, Caulton-Harris said.

    “Data indicates that youth who use tobacco at a young age are at risk for addiction and for using illegal drugs,” Caulton-Harris said.

    Springfield’s program, despite the funding challenges, “has been consistent in its mission to implement policy and assure that tobacco products are not sold to minors,” Caulton-Harris said.

    The $60,000 tobacco control budget in Springfield includes $37,000 for the salary of the tobacco control coordinator, Neville Anglin, and about $11,000 for fringe benefits and related expenses. The budget also includes $1,000 for youth stipends and $1,440 for program supplies.

    The budget has remained low as laws and regulations expand, Caulton-Harris said. The state also conducts compliance checks in communities across Massachusetts, according to a state Department of Public Health spokesman.

    The city’s Public Health Council passed a ban on smoking in private clubs in 2007, but has been hard pressed to enforce the law due to the lack of staff, Caulton-Harris said. The city is seeking federal funding aid, she said.

    The city in December approved an ordinance to ban the sale of electronic cigarettes to minors.

    In 2011, the Public Health Council passed a regulation banning the sale of tobacco products in health care facilities including pharmacies. It took effect in May 2012.

    Under city ordinance, the sale of tobacco to a minor results in a fine of $100 for a first offense. The fine would increase to $200 for a second offense in a 15-month period, and $300 for a third offense along with a seven-day suspension of the tobacco sales permit, the ordinance states.

    The tobacco control programs were founded in 1994, and focused on raising awareness as a public health issue, Caulton-Harris said.

    Mark Sheldon, of Springfield, pleads guilty to 82 counts of smashing car windows and stealing and using credit cards

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    Judge Richard J. Carey said Mark Sheldon must serve 10 months of that - which he has already - and the rest is suspended with four years probation.


    SPRINGFIELD - Mark Sheldon, 52, pleaded guilty Tuesday to 82 counts in which he admitted smashing car windows - at schools and a funeral home parking lot - and stealing, then using, credit cards.

    Assistant District Attorney Max Bennett asked for a five to seven year state prison sentence, saying 12 people were victimized in all. He said Sheldon was "spending other people's money as if it were nothing."

    But after hearing from defense lawyer Edward Fogarty and a number of people - including pastors - from a church with which Sheldon is now closely affiliated, Hampden Superior Court Judge Richard J. Carey sentenced Sheldon to 2 1/2 years in the Hampden County Correctional Center in Ludlow.

    Carey said Sheldon must serve 10 months of that - which he has already - and the rest is suspended with four years of probation.

    Fogarty said Sheldon was heavily addicted to drugs and alcohol during the several months he committed the crimes, but after 10 months was released while awaiting trial and is sober and devoted to helping other people and working.

    The 82 crimes to which Sheldon pleaded guilty include multiple counts of breaking and entering in the daytime with intent to commit a felony, breaking and entering in the nighttime with intent to commit a felony, larceny over $250, larceny under $250, and uttering (use of the credit cards illegally).

    Bennett detailed to Carey each crime, which happened in the winter months over 2011 to 2012.

    He said evidence at trial would have included many store surveillance video segments which would show Sheldon using the stolen credit cards.

    Bennett said the smashed window breaks into cars included locations such as Boland School, Central High School, the John Boyle O'Reilly Club, Stanley Park in Westfield, a city funeral home - where the owner was attending a wake - and Mary Lynch School.

    Sheldon used the credit cards at various stores to buy liquor, gas, groceries and large amounts of baby formula - which Bennett said is a popular item to sell illegally.

    Fogarty said Sheldon has been on electronic monitoring and got permission from probation to work at the Big E. He said Sheldon voluntarily entered a program for addiction, and has been working with inmates who are getting ready to be released.

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