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Murder charge dismissed against Doris Pessolano in Springfield killing of Demarcus Johnson

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Bail was set at $2,500 for Doris Pessolano, 35, of Springfield, charged with armed assault with intent to rob.

SPRINGFIELD -- A murder charge was dismissed Wednesday against Doris Pessolano, leaving only one defendant charged with murder in the Springfield death of Demarcus Johnson, who was fatally shot in 2014.

At one point four people faced murder charges in the case, but now only alleged shooter Nathaniel Ramos remains charged with murder.

Pessolano, 35, is still charged with armed assault with intent to rob and two illegal firearms charges.

Defense lawyer Daniel D. Kelly filed the motion to dismiss the murder charge against Pessolano and Assistant District Attorney Max Bennett did not oppose the motion in light of a recent Massachusetts Supreme Judicial Court ruling.

The September ruling by the state's highest court appears to narrow the grounds for charging someone with felony murder. Prior to the ruling, a murder charge could be brought against anyone involved in commission of a crime that caused another person's death.

The trial date for Pessolano is March 15. She had been held without right to bail, but Hampden Superior Court Judge Mary-Lou Rup reduced bail to $2,500, as recommended by prosecution and defense. Pessolano must be monitored by a GPS device, cannot leave Massachusetts without prior approval and must report by telephone to the Probation Department once per week.

Murder charges were dismissed recently for the same reason against the two other co-defendants, Radames Llanos, 19, and Shacolby Merriman, 27. Both are still charged with other offenses in the case.

Johnson, 38, was found with a gunshot wound to his head shortly before 5 a.m. on Sept. 7, 2014, near the corner of Overlook Drive and Island Pond Road in Springfield's East Forest Park neighborhood. He died two days later in Baystate Medical Center.

Bennett has said the fatal shot was fired by Ramos, who was 15 at the time. Pessolano allegedly lured Johnson to a quiet street so that Llanos and Ramos could rob him. Merriman allegedly drove Llanos and Ramos and participated in planning the robbery.

According to the Supreme Judicial Court ruling, a majority of the seven justices concluded "that the scope of felony-murder liability should be prospectively narrowed, and hold that, in trials that commence after the date of the opinion in this case, a defendant may not be convicted of murder without proof of one of the three prongs of malice."

The "three prongs of malice" is legalistic shorthand for the criteria for determining premeditation in cases of murder. To prove premeditation, the prosecution has to prove either an intent to kill, an intent to inflict grievous bodily injury or an intent to act in a manner that creates a likelihood that death or serious injury will result.


Public invited to ribbon-cutting ceremony at Springfield South End Community Center

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The public is invited to a ribbon-cutting ceremony Oct. 26, 2017, for the new South End Community Center on Marble Street.

SPRINGFIELD -- The public is invited to a ribbon-cutting ceremony Thursday for the newly completed South End Community Center on Marble Street, occurring more than six years after the prior center was heavily damaged by the 2011 tornado.

Local officials including Mayor Domenic J. Sarno and U.S. Rep. Richard Neal, D-Springfield, are expected to be among the attendees at the 11 a.m. indoor ceremony at the center at 99 Marble St.

The community center was previously within the State Armory building on Howard Street in the South End. The property was later purchased by MGM Springfield to be part of its $960 million casino project.

Do you know this guy? Springfield police seek suspect who planted skimming device at Wilbraham Road ATM

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Police were alerted on this week to the presence of a skimming device found on an ATM machine at the Greater Springfield Credit Union.

SPRINGFIELD - Police were alerted on this week to the presence of a skimming device found on an ATM machine at the Greater Springfield Credit Union, police said.

Department spokesman Ryan Walsh said the device had been at the ATM at 1030 Wilbraham Road for about two hours before it was detected on Sunday. He said the bank is supposed to be alerting all customers who used that bank machine that morning. 

Police have obtained photos of a suspect and the vehicle he was using from surveillance cameras inside the ATM machine and from nearby locations, he said.

The suspect in photos released by police appears to be a man, but has his face concealed with a New York Yankees cap. He is wearing a dark jacket with light-colored strips on the shoulders.

The vehicle used appears to be a black Jeep Cherokee. It was spotted in the parking lot of the nearby Dunkin Donuts.
People with information are asked to call the Springfield Police Detective Bureau at (413) 787-6355. Those who wish to remain anonymous may text a tip via a cell phone by addressing a text message to "CRIMES," or "274637," and then beginning the body of the message with the word "SOLVE." 

Judge rules President Donald Trump can withhold Obamacare subsidies

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A U.S. District Court judge rejected an emergency request by 18 states, including Massachusetts, to force the Trump administration to pay out health insurance subsidies.

A U.S. District Court judge has rejected an emergency request by 18 states, including Massachusetts, to force the Trump administration to pay out health insurance subsidies.

U.S. District Court Judge Vince Chhabria of California wrote that it appears that the Trump administration has the stronger legal argument.

In addition, Chhabria wrote, for states to get the money now "would be counterproductive," since state regulators have been working for months to prepare for the termination of the payments.

The Affordable Care Act established cost-sharing payments, which the federal government, under former President Barack Obama, paid to insurers to cover the cost of insuring low-income individuals.

President Donald J. Trump recently decided to stop paying these subsidies.

The court was asked to decide whether the Affordable Care Act requires the administration to pay the money or whether Trump can withhold it.

The judge ruled he will not require the federal government to pay the subsidies while the lawsuit is pending.

According to state officials, Massachusetts insurance carriers stand to lose around $27.5 million in 2017 and $146 million in 2018 if the subsidies are eliminated.

Gov. Charlie Baker said Wednesday he will use a state Health Connector trust fund to make sure insurers get the money they had planned on in 2017.

If the money is not restored in 2018, around 80,000 Health Connector customers -- those who buy plans on the exchange without any state or federal subsidies -- will see premium increases averaging 26 percent. Poorer individuals will also face premium increases, but they will be offset by federal tax credits.

Massachusetts Attorney General Maura Healey said, "The President's sabotage of the ACA has already caused health insurance premiums to skyrocket. We will pursue this case as long as the administration continues to play games with the health of our residents."

This story has been updated with Healey's comment.

U.S. Sen. Elizabeth Warren endorses Holyoke Mayor Alex Morse for re-election

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U.S. Sen. Elizabeth Warren, D-Massachusetts, endorsed Holyoke Mayor Alex B. Morse on Wednesday, Oct. 25, 2017 in his campaign for re-election to a fourth term on Nov. 7.

HOLYOKE -- U.S. Sen. Elizabeth Warren, D-Massachusetts, endorsed Mayor Alex B. Morse on Wednesday in his campaign for re-election to a fourth term on Nov. 7.

"Mayor Alex Morse is fighting every day to ensure everyone in the city of Holyoke gets their fair shot. I am glad to support his reelection campaign," Warren said in a press release from the Morse campaign.

"At a time when it can seem like our values are under attack, it's important to have strong, principled, effective local leaders in the fight - leaders like Mayor Alex Morse," she said.

Morse is running against Jay Ferreira, a former city councilor and employment coordinator at Community Enterprises, 287 High St. 

Warren said Morse's roots means he understands the challenges of working class families, the value of a good education and the importance of ensuring Holyoke is a welcoming city.

"For nearly six years under Mayor Morse's leadership, Holyoke has been a city where there is room for everyone to live, work and contribute to the community," Warren said.

Morse said it means a lot to receive the endorsement of Warren, with whom he said he shares the role of fighting for middle class people.

"I'm honored to receive the endorsement of Sen. Elizabeth Warren," Morse said. "I believe that all Holyokers deserve the opportunity to realize their full potential, and we have worked together to make that more possible than it once was."

Sarno to name new Springfield fire commissioner

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Mayor Dominic Sarno has scheduled a press conference for Thursday afternoon to announce his choice for fire commissioner. Current Commissioner, Joseph Conant's contract runs out with the city January 23, 2018.

SPRINGFIELD -- Springfield Mayor Dominic Sarno will announce his pick for the city's new fire commissioner at a City Hall press conference Thursday afternoon.

The mayor will make his announcement in Room 220 at 2:15 p.m. 

In January, Sarno announced he would not renew the current Fire Commissioner Joseph Conant's contract. Sarno cited Conant's refusal to discipline a deputy chief for violating a disputed contract requirement. 

Conant decided that Deputy Chief Glenn Guyer did not violate a residency requirement in his contract when he was promoted. Sarno said his understanding of Guyer's contract was that he was required to move into the city within one year of his promotion. 

Connant announced his decision on December 30. Sarno fired him two days later.  

Sarno conducted a national search, opening the pool of candidates to applicants outside the city department.

Conant's contract runs until January 23, 2018.

Ludlow peewee football player kicked off team for directing racial slur at opponent

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A weekend youth football game between two peewee football teams on Amherst Community Field ended abruptly after a child on one team called a peer opponent a racial slur.

 

A weekend youth football game between two peewee teams on Amherst Community Field ended abruptly after a child on one team called a peer opponent a racial slur. 

The incident began when Kordell London, 9, a member of the Amherst Hurricanes peewee football team, called out to referees over an illegal tackle he believed an opposing Ludlow Lions player made on a teammate, according to Stacia London, Kordell's mother. 

The Ludlow Lions player responded by telling him to mind his business and calling him a "n-----," said Stacia London.

"He has never experienced anything like this before," London said of her son.

The Ludlow Youth Football Association publicly responded to the incident Monday in an email to the Amherst team.

"Our players, parents, coaches and board of directors are ashamed by what transpired on the field at Sunday's peewee game," the email, signed by the board of directors, read. "There is no place for that kind of language in youth sports, or anywhere else in society. This is definitely not the culture and attitude we are trying to instill into these young impressionable athletes."

Regarding disciplinary action, the email said the "has taken action to remove the player responsible for the inappropriate comments from his team and our association all together, he will not be allowed to attend our banquet or return to play next season." 

While Stacia London's own heritage goes back to Italy, her husband and Kordell's father, Michael, is black. Coincidently, he is also assistant football coach at Howard University. 

Michael London did not attend the peewee game Sunday -- he is with his team in Washington, D.C. -- but spoke to MassLive on Wednesday.

"It's not about him being a victim," London said. "I spoke with my son. He was more mad that the game had ended than being called a particular word. It's just a teachable moment."

The word was uttered loud enough so there was no disputing what was said. Coaches and parents on the sidelines and officials and players on the field alike heard the comment.

The adults in charge of running the game stopped play and after some discussion ended the game, though play was in the third quarter.

According to Stacia London, Ludlow forfeited the game because they had only had the minimum number of 10 players in the field, and so could not remove the offending player -- as was determined necessary -- and continue to play on. 

The score of the game was 24-0 in favor of Amherst at the time play was stopped. 

A running back and wide receiver, Kordell London had scored two of his team's touchdowns.

"I think he's hurt," London said. "When I asked him what happened after the game and if he was OK, he said it was 'just a stupid white kid from Ludlow' and he was more upset about the game ending."

She added, "But I think it really bothered him. It was the first time. He's never going to forget it."

Michael London said he and other family spoke to the boy about the incident. He said the conversations became a lesson about adversity and not reacting to provocation, instead focusing on the task at hand.   

Stacia said she would appreciate a written apology from the offending player, signed by the child's parents.  

Reached for comment Tuesday, Amherst youth football coach Larry Smith declined to talk about the incident. 

"I am not ready for a statement on this," he said. "At a later date, I will be."

UMass manufacturing program held up by Beacon Hill budget spat

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House Speaker Robert DeLeo is pushing for the program, but Gov. Charlie Baker is not releasing the funds.

A proposed manufacturing program at the University of Massachusetts is being held up due to a dispute over state budgeting between House Speaker Robert DeLeo and Gov. Charlie Baker.

DeLeo, D-Winthrop, is supporting a new $2 million program that would allow manufacturing companies to use research and lab space at the UMass campuses.

But Baker, citing budget uncertainties, said Wednesday funding for all earmarks is on hold.

The state money for the UMass program, which would be administered by the quasi-public agency Mass Development, would subsidize the cost. So UMass would get paid, companies would get discounted access to high-tech equipment and lab space and trained personnel, and UMass students would have the opportunity to work with these companies.

Money for the program was approved by the Legislature and signed by the Republican governor in the fiscal 2018 budget, but Baker's administration has not yet released the money.

"I'm not pleased with that," DeLeo said Wednesday. "I thought that that was an initiative that he would support."

DeLeo said Baker did not veto the program and has always been supportive of business and of UMass. DeLeo said the program would help UMass, college students and businesses. He said he has spoken to Baker, Lt. Gov. Karyn Polito, and Secretary of Housing and Economic Development Jay Ash about the program.

"Although no one has stated they were not in support of it or intended not to do it, it still hasn't been done," DeLeo said. "I think it's something if we can get going on doing, I think it would be helpful to both the university and the business community as well."

Baker said he is not against the program itself, but he is worried about the state budget.

Baker noted that his administration has funded other advanced manufacturing programs, including a program that UMass Amherst participated in.

But lawmakers are currently in the middle of overriding many of Baker's $320 million in vetoes to the fiscal 2018 budget. The House has overridden all $320 million and the Senate has overridden $76 million so far.

"With respect to almost everything associated with overrides and the veto exercise, until we are much more confident about the current state of the commonwealth's fiscal affairs this year, we're not planning to release any of the earmarks," Baker said.

Baker added that he is also waiting for the Legislature to take up his proposed reforms that would save money in MassHealth.

The Baker administration has estimated the budget will have a $200 million deficit if there are no MassHealth changes and Baker's vetoes are overridden.

State revenues in the first quarter of the current fiscal year were up 2 percent compared to what the state budgeted for, but Baker said there is no guarantee that trend will continue.

"Our goal at this point is to make sure we have adequate resources to fund the programming we have in place, and that's going to be a function of how both the override process pays out and the revenue materializes over the course of the next several months," Baker said.

House leaders have said they believe the budget will remain in balance even if they override Baker's vetoes. Lawmakers are working on analyzing Baker's MassHealth reforms to decide which, if any, they want to adopt.


Northampton addiction recovery center celebrates its one-year anniversary

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The Northampton Recovery Center celebrated its one year anniversary Wednesday. Watch video

NORTHAMPTON - The Northampton Recovery Center celebrated its one year anniversary Wednesday with a small ceremony at its location inside Edwards Church on Main Street. 

The group offers a variety of wellness activities for those recovering from drug and alcohol addiction, and was created through collaboration between the Northwestern District Attorney's Office and Hampshire HOPE--a local, state-funded non-profit specializing in preventative efforts.

The fledgling organization opened its doors in January and has subsisted off of in-kind funding from the DA's Office for the past ten months--most of which has gone towards employing Lynn Ferro as the interim director for the program. 

Ferro, whose background has largely been in efforts to curb the state's opioid crisis, is also director of the DA's Office Prescription Drug Abuse Task Force, as well as a member of Hampshire HOPE. 

In an interview Wednesday, Ferro called it a "big deal" that the program had "survived for the past year" with so little funding and said the next step for the organization is hopefully to acquire additional funds through request for proposal bids from the state and from the Hampshire County United Way labor union. 

"I think we'll be well placed to get some funding," Ferro said. 

Wednesday's event saw a number of the program's participants come together with local officials and activists in the addiction recovery community to celebrate the organization's perseverance. A number of city officials, including Mayor David Narkewicz were present. 

Ferro stressed that one of the vital parts of the organization is the fact that it's peer-run, and that participants take an active role in facilitating the organization's activities and agendas. "They kind of tell me what to do," Ferro said with a laugh. "I do the prompting but it's their center." 

The organization's activities including group writing sessions, yoga and meditation. One of the more important activities, Ferro said, are the peer support meetings where participants come together to discuss their struggles and successes together. 

Those sessions have been invaluable for people like regular meeting attendee Billy Gardner, an inmate at Hampshire County jail currently serving time for drug charges.

Gardner, 37, said in an interview Wednesday that he's been sober since 2015 but that before that he was addicted to heroin for nearly two decades. "I've been doing this a long, long time," he said Wednesday in an interview. "I'd been doing heroin for twenty years." 

For the past year, the jail has allowed Gardner to travel on Mondays and Wednesdays to Edwards Church to participate in the sessions. The Northampton Recovery Center is the only local organization that has been getting local inmates to come and participate in meetings, Ferro said. 

"To see something like this finally come to fruition has been really great," Gardner said, explaining that the atmosphere at the Recovery Center has been one that is much more welcoming and understanding than other recovery programs.

People with addiction problems can feel isolated, Gardner said. But the Recovery Center has allowed him to open up to people about his struggles and to become part of its community, he said. 

"You can come here and just bounce your problems off of each other," he said. 

Gardner spoke before the crowd Wednesday, thanking Ferro and other organization members. "I have learned that it's okay to ask for help, and that people care," Gardner said, reading carefully from a scrap of paper. "I'm proud of the recovery center," he said. "I look forward to watching it grow while continuing to be an active member," he said, to applause.  

With SkillSmart, EDC of Western Massachusetts connects people, training, jobs (video)

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There are 43 organizations providing workforce training in the city and surrounding communities. Watch video

SPRINGFIELD -- Baystate Health has 12,000 employees and makes about 1,400 new hires a year of folks from outside its system, said President and CEO Mark Keroack.

And as the city's largest employer, Baystate's gotten used to creating its own pipelines, or dedicated training programs to fill its need for workers, Keroack said.

That's changing with Springfield Works and SkillSmart, an online portal for job seekers that tells them what skills they need for the job they want. It also helps them identify the skills they have already -- either from school, the military or just from living their lives -- and helps them find places that offer the training they need.

Baystate is one of 20 local employers that have posted a total of 100 jobs in the new SkillSmart portal, accessible at springfieldworks.skillsmart.us. It's a project of Springfield Works and the Economic Development Council of Western Massachusetts. Springfield Works and the EDC rolled it out Wednesday with an event at the UMass Center at Springfield in Tower Square after 18 months of tinkering.

MGM Springfield already uses SkillSmart to evaluate job seekers for the roughly 3,00 jobs it pledged to create when its $960 million resort casino opens 11 months from now in September 2018.

Roughly 58 percent of Springfield's working-age population is working or looking for a job. Springfield Works' goal is to get that number up to 75 percent.

At the same time, there are 43 organizations providing workforce training in the city and the surrounding communities, which leads to confusion and duplication of effort, according to Springfield Works Director Anne Shecrallah Kandilis.

All this is going on while good jobs go unfilled and employers like Baystate, MGM and others struggle to hire, Kandilis said.

"Where is the disconnect between job seeker and employer?" she said. "One of our major hopes is to connect the community technologically."

Patrick Streck, senior director of IT at Baystate, said the SkillSmart portal also helps by directing applicants to jobs that they are qualified to take.

"We get people who apply for any jobs that they are not qualified for because they just want a foot in the door," he said.

Kandilis said SkillSmart also helps people make use of skills that don't often show up on a traditional resume. For instance, it prompts people to input skills they learned in the military or volunteering in their communities.

"Maybe you were a PTA mom," she said. "Then you learned some bookkeeping. You learned customer service. You learned job skills."

While the grant was to Springfield, the SkillSmart system is open to people in all of Western Massachusetts.

Funding for Springfield Works comes mostly from a three-year, $475,000 grant Springfield won in the competitive Working Cities Challenge program run by the Federal Reserve Bank of Boston.

Prabal Chakrabarti, senior vice president of community affairs at the Boston Fed and an originator of the Working Cities Challenge program, said small cities like Springfield can only move forward if the public sector, the private sector and nonprofits work together.

He pointed out the logos of cooperating entities in Springfield Works, a list that includes the EDC, Baystate, United Personnel, FutureWorks, Tech Foundry, the Community Foundation of Western Massachusetts, Pioneer Valley Planning Commission and others.

"The biggest thing is the way everyone is working together," he said. "That might stand as the biggest accomplishment."

As big, he said, as  major projects like MGM, the CRRC rail car factory and the recently restored Union Station. That's because the economy here is still lagging.

"Springfield is not where we need it to be," Chakrabarti said. "Most small cities are not where we need them to be."

New sex offender living in Northampton, police say

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A new sex offender has moved to Northampton, police said Wednesday.

NORTHAMPTON - A new level 3 sex offender is now living in Northampton, police said Wednesday. 

James Coffman, 45, was convicted of aggravated rape in Worcester Superior Court in 1991.

He is currently living on River Road in Leeds. 

Northampton Detective Victor Caputo said Wednesday that Coffman had recently moved to the area. 

He described as a black male. 

Level 3 sex offenders are considered to be the most dangerous and likely to reoffend, according to the state. 

Ware officials seek Town Meeting OK for marijuana sales local tax option

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Voters will decide whether to approve the idea during a special Town Meeting on Nov. 13.

WARE -- Town officials are seeking to charge recreational marijuana sellers the "local tax option" permitted by state law.

The revised Massachusetts recreational marijuana law, passed by the Legislature and signed by Gov. Charlie Baker in July, calls for recreational marijuana to be taxed 17 to 20 percent. The baseline tax is 17 percent -- the 6.25 percent sales tax plus a 10.75 percent special excise tax on adult use.

Cities and towns can add up to another 3 percent tax.

Ware voters will decide whether to adopt the local tax option during a special Town Meeting on Nov. 13.

The Town Meeting warrant, article 23, asks whether "the Town will vote to adopt the provisions of MGL Chapter 64N, Section 3, or any other enabling authority, to impose a local sales tax upon the sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the Town to anyone other than a marijuana establishment at the rate of 2 percent of the total sales price received by the marijuana retailer as a consideration for the sale of marijuana or marijuana products, or at any higher rate as authorized by law."

Ware Town Meeting rejected a proposal by municipal officials to delay the siting of retail marijuana establishments at the November 2016.

Retail pot stores can open in Massachusetts as soon as July 2018.

Next month's Town Meeting also includes an article to amend zoning bylaws related to the siting of marijuana stores.

The amendment, if approved would "allow some uses by right and to allow some uses by special permit."

House votes to curb abuse of handicapped parking placards

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The bill imposes a fine of $500 the first time someone lies on a placard application and $1,000 for subsequent offenses.

BOSTON -- The Massachusetts House on Wednesday passed a bill aimed at curbing abuse of handicapped parking placards.

"This is not a victimless offense," said Rep. William Straus, House chairman of the Transportation Committee, according to the State House News Service. "When the spaces are being used, they are taking access to those spaces away from those who have every right to expect that space will be available to them."

The bill would establish a $50 fine for anyone obstructing the expiration date of a placard. It gives the RMV authority to investigate fraud related to handicapped placards and imposes a fine of $500 the first time someone lies on a placard application and $1,000 for subsequent offenses.

Inspector General Glenn Cunha last year released a report showing widespread abuse of handicapped placards.

The report found drivers misusing placards, using other people's placards and covering expiration dates on placards. Some people got placards, then worked at jobs requiring physical activity that should not have been possible under the state standards for getting a handicapped placard. The RMV extended temporary placards, sometimes for years.

The bill was originally introduced by Sen. Eileen Donoghue, D-Lowell, as S.2178. A version of the bill passed the Senate earlier this month.

The House version, H.3973, which passed unanimously, 152-0, is slightly different. The two versions must be reconciled before they go to Gov. Charlie Baker for his signature.

An amendment introduced by Rep. John Scibak, D-South Hadley, and adopted by the House would use different colors to distinguish between permanent and temporary placards.

House votes to extend OSHA safety standards to municipal workers

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Currently, OSHA only applies to private sector workers and state executive branch employees.

BOSTON -- The Massachusetts House on Wednesday passed a bill that would extend federal safety standards to municipal workers.

The bill, H.3952, would ensure that all state and local government workers are protected by the standards outlined in the federal Occupational Safety and Health Act (OSHA).

Currently, OSHA only applies to private sector workers. State and local governments can set their own safety standards.

A 2014 law gave all executive branch employees OSHA protections. But state law does not extend those protections to city, town, higher education and authority workers, such as employees for quasi-public organizations like the Massachusetts Water Resources Authority.

The bill was passed approximately a year after a trench collapse, attributed to lax safety standards, that killed two Boston workers.

House Speaker Robert DeLeo, D-Winthrop, said that incident called attention to the safety standards that apply to workers, although that case would not have been affected by the proposed law.

"We've had a lot of input from workers around the state, from unions around the state, to do something about it," DeLeo said.

OSHA sets standards to protect workers from mechanical and chemical dangers in the workplace.

This bill would give an estimated 400,000 additional workers OSHA protections.

The Senate passed a similar bill earlier this month, and the Senate and House versions will have to be reconciled before the bill goes to Gov. Charlie Baker. The House bill passed unanimously, 150-0.

Under the bill, the governor would appoint an occupational health and safety hazard advisory board to evaluate injury-related data, recommend training and determine where additional health and safety resources are needed.

Premiums for most popular Obamacare plans rising an average of 34 percent

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Premiums for the most popular "Obamacare" plans are going up an average of 34 percent, according to a study Wednesday that confirms dire predictions about the impact of political turmoil on consumers.

WASHINGTON -- Premiums for the most popular "Obamacare" plans are going up an average of 34 percent, according to a study Wednesday that confirms dire predictions about the impact of political turmoil on consumers.

Window-shopping on HealthCare.gov went live Wednesday, so across the country consumers going online can see the consequences themselves ahead of the Nov. 1 start of sign-up season for 2018.

The consulting firm Avalere Health crunched newly released government data and found that the Trump administration's actions are contributing to the price hikes by adding instability to the underlying problems of the health law's marketplaces.

President Donald Trump puts the blame squarely on "Obamacare" saying the program is imploding, while ignoring warnings that his administration's actions could make things worse.

The Avalere analysis is for the 39 states using HealthCare.gov. Along with the increase for silver plans, premiums also are going up by double digits for different levels of coverage, including bronze (18 percent), gold (16 percent), and platinum (24 percent).

Many states had higher increases. Avalere found that average plan silver premiums will go up by 49 percent in Florida, 43 percent in Missouri, and 65 percent in Wyoming.

Consumers eligible for income-based tax credits will be protected from rising premiums but those who pay full-cost face a second consecutive year of sharp premium increases.

Only three states will see declines -- Alaska, Arizona, and North Dakota.

Avalere said market instability is driven by Trump's recent decision to end subsidy payments to insurers, the continued debate over "Obamacare" repeal and replace, and a presidential executive order that could open a path for lower cost plans outside of the Obama-era law.

"You put all that together, and there are a lot of additional forces on top of market forces driving high premium increases for 2018," said Chris Sloan, a senior manager with the health industry consulting firm.

Significant increases also are expected in states that run their own health insurance websites.

Starting Nov. 1, new customers can submit applications, and returning ones can make changes to their coverage. Open enrollment will end early, on Dec. 15, about half the time allotted under Barack Obama's administration.

Sign-up season comes after the president abruptly pulled the plug on federal payments that reimburse insurers for reduced copays and deductibles they're required to provide to people of modest means. That exposes insurers to a potential $1 billion loss for the remainder of this year.

A federal judge in San Francisco on Wednesday denied a request by state attorney's general to order the payments immediately restored. Administration officials say the payments were not properly approved by Congress and Trump is following the U.S. Constitution by denying them.

Bipartisan legislation to resolve the problem is pending, and the Congressional Budget Office on Wednesday said the bill would reduce federal deficits and have no major impact on coverage. But the legislation by Sens. Lamar Alexander, R-Tenn., and Patty Murray, D-Wash. faces an uncertain future. Trump has sent mixed signals about whether he would support it.

Restoring the funds may have little immediate impact on 2018 premiums, but the bill calls for insurers to rebate money to the government and consumers if they collect too much.

Avalere's Sloan said that consumers who receive subsidized premiums would generally be protected from premium increases.

That's not the case, however, for an estimated 7 million unsubsidized customers, most of whom buy individual plans outside the government markets.

"There is a danger that middle-class people who don't get government help in paying their premiums could be increasingly priced out of the market," said Larry Levitt of the nonpartisan Kaiser Family Foundation.

About 10 million people currently have private health insurance through government-sponsored markets like HealthCare.gov. More than 8 in 10 customers receive tax credits to help pay their premiums, and that aid is still available despite the political turmoil.

Unlike the Obama years, the Trump administration has set no enrollment goal for 2018.

"We are really focused on having a smooth consumer experience," said Randy Pate, director of the HHS office that oversees the program. "That is our target for this year."

Administration officials say they have made a series of improvements to the sign-up process unheeded in the acrimonious political debate over health care.

--By Ricardo Alonso-Zaldivar


Should texting and walking be illegal?

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Honolulu recently passed a law that would allow police officers to ticket people for texting while walking in the street.

Honolulu recently passed a law that would allow police officers to ticket people for texting while walking in the street. The city of Honolulu argues the Distracted Walking Law will protect pedestrians from stepping in front of moving vehicles, but others believe a penalty of up to $99 for texting and walking is ridiculous, and you can't enforce common sense. What do you think?

PERSPECTIVES

The City of Honolulu recently passed the Distracted Walking Law, making it the first city to outlaw texting and walking. The new law allows Honolulu police officers to ticket pedestrians for texting while crossing the street, with fines up to $99.

"Starting today, texting while walking in a crosswalk can get you a ticket," Hawaii Public Radio's Bill Dorman reports for our Newscast unit. "In fact, a downward glance at a screen of any kind will cost you -- a phone, a tablet, a video game."
Under the new law, the only legal reason for a pedestrian to use a cellphone while crossing a street or highway would be to call 911 to report an emergency.

The City of Honolulu cited the National Safety Council which claims texting and walking pose a serious safety threat to pedestrians.

"Distracted walking injuries involving cell phones accounted for an estimated 11,101 injuries between 2000 and 2011, making it a significant safety threat. The trend is so alarming that it was included for the first time in the annual National Safety Council statistical report, Injury Facts(r), which tracks data around the leading causes of unintentional injuries and deaths." 

Honolulu's 'Distracted Walking' Law Takes Effect, Targeting Phone Users

But Jim Treacher of The Daily Caller thinks the new law is just another example of government overreach. While everyone can agree staring at your phone while walking into a street is probably not a good idea, he argues it is not the business of municipalities to enforce such laws.

This raises the age-old question: What is the function of government? Yes, staring at your phone in the middle of a busy city street is a bad idea. You could be injured or killed. But is that anybody's business but yours? And how will this law be enforced? Will there be cops at every intersection, looking for people crossing the street with their phones out? Will it be done via surveillance camera? How do you prove somebody was reading a text, and not turning their phone off?
Just because something is a good idea doesn't mean it's a good law.

Honolulu Bans Looking At Personal Electronics On Crosswalks

Many have applauded Honolulu's decision, asking their own cities adopt similar laws.

But other believe you can't enforce common sense, and the distracted walking law is nothing more than the nanny state telling people what to do.

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Criminal justice system must reckon with unjust outcomes for minorities, Jelani Cobb says at Springfield Public Forum

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The are few things more complicated in America -- or more vital to repair -- than the criminal justice system, New Yorker writer Jelani Cobb said at the Springfield Public Forum Wednesday evening.

There are few things more complicated in America -- or more vital to repair -- than the criminal justice system, New Yorker writer Jelani Cobb said at the Springfield Public Forum Wednesday evening.

Speaking to an audience at Springfield's Symphony Hall that included Springfield Mayor Domenic Sarno, state Sen. Eric Lesser and Springfield Police Commissioner John Barbieri, Cobb charted the racially fraught history of America's jails and courts, arguing that centuries of injustice has led to a system of policing ridden with mistrust between authorities and black Americans.

"We don't like to talk very much about what's wrong. We don't like to talk much about our shortcomings, our areas for improvement," Cobb said. "Our future generations are going to ask us about how we managed to create one of the most profound contradictions in American society: We have the oldest constitutional democracy in the world. We also have the largest prison population in the world."

Cobb, a staff writer for the New Yorker, frequently reports and comments on racial dynamics and the relationship between police and minority communities in the United States. In 2014, Cobb reported from the ground in Ferguson, Missouri after the police shooting of Michael Brown; last year, he wrote a detailed examination of the development of the Black Lives Matter movement.

Before joining the New Yorker, Cobb was a history professor at the University of Connecticut and is currently a faculty member at the Columbia Journalism School. His work has won national recognition, including the 2015 Sidney Hillman Award for Opinion and Analysis writing and a Writers Guild of America East award for his work on the Frontline documentary "Policing the Police."

Cobb's talk, "The Half-Life of Freedom: Race and Justice in America," is the second in the Springfield Public Forum's fall speaker series. It will be part of a week-long dialogue on race, diversity and inclusion in Springfield and is being co-presented by the Healing Racism Institute of Pioneer Valley. On Nov. 15 former Republican National Committee chair Michael Steele will discuss America's new political landscape. 

At issue is a massive gap in perception between the ideals of the criminal justice system -- providing recompense for victims and fair punishment and rehabilitation for offenders -- and the way it is experienced by many minorities, Cobb said.

He compared the prison system to credit ratings after the housing bubble popped in 2008, when people who had otherwise played by the rules found themselves deep in debt, facing foreclosure and deemed untrustworthy by the banks.

"For many African Americans, this is how we have long seen the criminal justice system," Cobb said. "That having a criminal record may or may not say anything about you personally, but reflects where you live, what kind of policing you have been exposed to."

As examples, he cited the American justice system's roots in enforcing fugitive slave laws and the use of prisons in the post-Emancipation South to provide labor to cotton plantations suddenly lacking a slave workforce.

And in more contemporary terms, he said the racial gap in criminal records often springs from disparate treatment by law enforcement. A white suburban teenager carrying marijuana or cocaine in his pocket is unlikely to be arrested; a black man living in a neighborhood where people are regularly stopped and frisked will likely end up with a conviction for the same conduct.

Cobb also noted the difficulties faced by police, citing an experience he had while doing a ridealong with officers in Newark, N.J. for his Frontline documentary. Officers received a call about a fleeing suspect in a yellow jacket and blue jeans; they saw someone matching that description reaching into a car for an object the officers could not see.

The officers did not draw their weapons, and it ended up being a woman who had nothing to do with the crime. But Cobb said he recognized how the situation could have spiraled toward violence.

"Even in departments that are really troubled, it remains to be a very difficult job," he said. "It remains a very complicated undertaking to ask people to interact with the public again and again and again and get it right."

Cobb closed with noting the challenges of a system where so many incarcerated people -- from shoplifters and marijuana dealers to repeat violent felons -- are expected to reintegrate into a society that takes their record as a reason to deny them employment.

"We need people to understand that we are not the sum total of the worst thing we have done," a recently released convict told Cobb in an interview.

"That stuck with me," he told the audience in Springfield.

Southwick Rotary Club holds 21st awards dinner (photos)

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The Southwick Rotary Club held its 21st awards dinner Wednesday evening, presenting the Outstanding Vocational and Community Service Awards.

SOUTHWICK -- The Southwick Rotary Club held its 21st awards dinner Wednesday evening, presenting the Outstanding Vocational and Community Service Awards.

The first award, given out by Rotary President Chris Boyd, went to Gene H. Theroux, commander of the Sons of the American Legion 124, vice commander of the Sons of the American Legion Detachment of Massachusetts and president of the board of the Friends of Quabbin.

Another award went to Robert N. Fox, fundraising and event chairman for the Southwick Rotary Club.

Our Community Food Pantry received an award, which was accepted by Sally Munson, program manager and Diane Mason-Arnold, chairwoman of the board of directors at the Food Pantry.

The awards program was introduced in 1996 and to date has recognized 67 individuals and four nonprofit organizations from Southwick and the surrounding communities.

More than 60 people were on hand for the dinner, which was held at Tucker's Restaurant in Southwick.

Northampton Mayor David Narkewicz squares off with challenger John Riley at campaign debate

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A political debate between Northampton mayoral candidates was held Wednesday night.

NORTHAMPTON - Northampton Mayor David Narkewicz squared off with challenging mayoral candidate John Riley at a campaign debate held at JFK Middle School on Wednesday night.

The event was hosted by the local chapter of the League of Women Voters (LWV) as well as city paper the Daily Hampshire Gazette. 

Narkewicz, who is currently running for his third term, stressed his bona fides as a government official and touted some of his administration's accomplishments over the course of the past six years. 

Riley, the owner of local bookstore Gabriel Books, and a longtime resident and business owner in the community, criticized current trends of local government and argued that he would "listen" to the people of Northampton.  

The debate was moderated by Ingrid Flory, LWV Assistant Treasurer.

A panel, consisting of Jean Cherdack, LWV director, Natalia Munoz of WHMP, and Gazette opinion editor Stan Moulton, fielded questions to the candidates. Questions were written down by audience members on notecards, then handed to the panel. 

Both Narkewicz and Riley often shared similar positions on the topics of the evening, but gave slightly different answers on what approach they'd take as executive officer. 

Both agreed that Northampton should stay a sanctuary city, though Riley said that he thought the local community should try to take more of a stance against U.S. foreign policy, which he blamed for creating the immigration crisis in the first place. "One thing that we have to keep in mind is how we became a sanctuary city: it's because of war. It's because our country is at non-stop war."

"Thirteen wars in thirty years--that's why we're a sanctuary city," he said. 

Narkewicz affirmed the fact that he had declared Northampton a sanctuary city through an administrative policy order in 2014. "It's an issue about breaking trust with our immigrant community," he said, explaining that he also supported "standing up for refugees, standing up against travel bans, and standing up for DACA."

The two disagreed most on the topic of charter schools. Narkewicz described them essentially as private schools that were taking money from public ones and that were prone to screening out students with developmental and behavioral issues. "If you want a private school, go to a private school, but we shouldn't have schools that are using public dollars that are systematically excluding high needs and disadvantaged students," he said.  

Riley defended charter schools. "I think charter schools have proven how inventive they can be," he said, pointing to the Chinese Immersion Charter School that the Northampton School Committee recently voted against expanding. "People send their kids to the Chinese Charter school because they see it as a future for their kids," he said. 

Additionally, Riley took shots at some perceived rough patches in Narkewicz's tenure, calling the renovation of Pulaski Park a "glorified bus stop" and bringing up an episode in which the current Mayor's administration spent money determining whether Forbes library was a public or private institution. 

Narkewicz defended his record--saying that he "cares very deeply about the city," and stating that he works very hard to keep government responsive to the city's residents. "I'm very active in the community, I try to be out in the community and I also try to commit myself to making sure that our city government is very open, inclusive and transparent," he said.   

In summing up their differences as candidates, Narkewicz ultimately stressed his experience in government, while Riley derided government somewhat while stressing his experience as a businessman. 

Narkewicz, who, before becoming Mayor in 2011, had previously served as a congressional aide, a member of the city's Zoning Board of Appeals, and a member and then President of Northampton City Council, highlighted his extensive experience in government. "I think it's really important to have some record in government if you're going to be a chief executive officer," he said.  

Riley, who has not occupied office before except for heading of a committee to repeal a local storm water fee, stressed that he had been a longtime city resident and a business owner who had "built the city from the ground up." 

"I know what the city needs," Riley said. "I would have an administration to that listens and that works on what we all want." 

Bail reduced for Westfield man accused of supplying heroin in fatal overdose

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Derek Webb is charged with manslaughter, alleged to have arranged the sale of heroin used in a fatal Westfield overdose.

SPRINGFIELD -- Bail was reduced Wednesday for a man charged with manslaughter for allegedly supplying heroin that led to a fatal overdose.

The lawyer for defendant Derek Webb asked a judge to reduce his client's bail from $500,000 to $10,000 -- an amount he said Webb's family can raise. Hampden Superior Court Judge Mary-Lou Rup reduced Webb's bail to $150,000 cash or $500,000 surety.

Webb, 25, is charged with manslaughter for allegedly providing heroin to 21-year-old Grady Hughes. At the time of Webb's arrest in July, Hampden District Attorney Anthony Gulluni said Hughes appeared to have died, unattended, of a heroin overdose in April. Webb is also charged with distribution of heroin.

Assistant District Attorney Lee Baker on Wednesday asked Rup to keep the bail at $500,000 cash, saying the case against Webb is strong. Baker said Webb has a history of convictions and also a history of defaulting on court appearances.

He said the involuntary manslaughter charge was brought on the theory of wanton and reckless conduct. The heroin provided in this case was designated "fire," so Webb knew it was more dangerous, Baker said.

Baker said Webb admitted to police setting up the drug sale that caused the fatal overdose. He manipulated another man -- who has alleged Webb was violent toward him in the past -- into bringing the drugs to Hughes, Baker said. Only Webb is charged with manslaughter.

Webb was in effect homeless and living in a storage area associated with a friend's apartment at the time, Baker said.

Defense lawyer Lawrence Madden disagreed with Baker's analysis of the strength of the case. He said Webb didn't admit to police that he set up the sale resulting in the fatal overdose.

He said police are relying in part on text messages from another person's phone, and it is not possible to prove who wrote the texts. While Baker said the phone was one Webb shared with a woman, Madden said the phone is only connected to that woman and was not shared by Webb.

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