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Suspect in Atlanta murder caught in Massachusetts after trying to escape on rooftop

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The Massachusetts State Police Violent Fugitive Apprehension Section and New Bedford Police caught Brejon Nabors at a residence on Rivet Street in New Bedford, according to the State Police.

A 27-year-old man wanted on a murder charge in Atlanta was caught by Massachusetts State Police Thursday as he tried to escape by climbing on a building's roof. 

The Massachusetts State Police Violent Fugitive Apprehension Section and New Bedford Police caught Brejon Nabors at a residence on Rivet Street in New Bedford, according to the State Police. 

Nabors is on Atlanta Police's Most Wanted List in connection with an April 3 fatal shooting in Atlanta. 

"Troopers and Officers, along with Massachusetts Parole Officers and a Department of Youth Services Apprehension Officer, went to the residence shortly after 7 a.m. today looking for a different man wanted for a shooting in New Bedford," State Police said. "When the apprehension team went to the door of a second-floor apartment, they heard movement inside. Then, officers guarding the outside perimeter of the residence saw a man running on the roof." 

Officers blocked Nabors from escaping from the roof.

Trooper David Reis spoke to Nabors and persuaded him to come to a window. He was pulled back into the house and arrested for disorderly conduct and disturbing the peace. 

"He refused to provide Troopers and Officers any information about his identity," State Police said. 

Other people living at the address only knew the man as "Midnight." 

Nabors was taken to the State Police barracks where he initially refused to be fingerprinted, State Police said. Once State Police were able to obtain Nabors' fingerprints, they identified him as the man wanted for murder in Atlanta. 

Nabors was then charged as a fugitive from justice. He will be held while authorities arrange his rendition to Georgia to answer to the murder charge. 

The apprehension team then located their additional target, the man wanted in the New Bedford shooting, at a different address and placed that man under arrest as well.


2-time School Committee candidate appointed to East Longmeadow Planning Board

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After the retirement of East Longmeadow Planning Board member Deborah Bushnell, Jon Torcia, who twice ran for School Committee, was appointed to the seat.

EAST LONGMEADOW -- The East Longmeadow Planning Board has a new face, but a familiar one to those who follow town elections.

Jon Torcia attended his first Planning Board meeting as a member Wednesday, after Town Manger Denise Menard appointed him this month. Torcia was appointed to a Planning Board seat that recently opened up when Vice Chairwoman Deborah Bushnell retired, Chairman George Kingston said at the meeting.

"I want thank her publicly for her time on the board," Kingston said of Bushnell.

The board unanimously selected member Russell Denver to step up as the new vice chairman.

Torcia ran unsuccessfully for School Committee twice, the last time being a preliminary election May 1 in which candidates Sarah Truoiolo and Susan Mantoni came in first and second, respectively, advancing to the general election June 5. Torcia came in third and was eliminated.

A 19-year-old lifelong East Longmeadow resident, Torcia is a freshman political science major at Western New England University.

Police say Seneca Falls couple, Donald and Alison Bovio, charged with murder after death of 3-year-old boy

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Police say they've hit a Seneca Falls couple, Donald and Alison Bovio, who recently moved from Salem, Mass., with murder charges after the death of a 3-year-old boy.

Police say a Seneca Falls couple, who recently moved from Salem, Mass., were indicted on murder charges after the death of a 3-year-old boy.

Seneca Falls police identified the 3-year-old victim as Panagiotis Stephanides-Vacchino. The victim was previously on life support at Upstate Golisano Children's Hospital, and the child's biological father "did arrive at the hospital prior to final life decisions," the police department said.

Police say Donald Bovio and Alison Bovio, both 38, were charged with three counts of second-degree murder, two counts of first-degree manslaughter, reckless assault of a child, and two counts of endangering the welfare of a child, among other charges.

Police allege Donald Bovio beat the child with a belt.

The child was Alison Bovio's son and Donald Bovio's stepson.

Judge released Donald Bovio from probation early; Police say he then beat 3-year-old into unconsciousness with belt

Chicopee water main breaks on Chicopee Street, at least 100 without water

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Motorists are asked to avoid the street between Charboneau Terrace and Adams Street.

CHICOPEE - Water Department crews are currently repairing a water main break that happened on Chicopee Street at about 5 p.m. Thursday.

Traffic is being delayed between Adams Street and Buldoc Lane. Police are directing traffic but people are asked to avoid the area for tonight, said Michael Wilk, police public information officer.

Between 100 and 150 homes and businesses are now without water and it is expected to take between six and eight hours to repair, Water Superintendent Alan Starzyk said.

Crews are excavating the road to reach the pipe now but are having some problems shutting off the water. An underground telephone line is also complicating the effort, he said.

The pipe is between 25 and 30-years-old, which is relatively young for the city which has water mains as old as 100. It is a high-pressure pipe, he said.

Zoo in Forest Park in Springfield appoints Longmeadow woman as new executive director

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The Zoo in Forest Park has selected Sarah Tsitso, of Longmeadow, to serve as its new executive director.

SPRINGFIELD -- The Zoo In Forest Park & Education Center has selected Sarah Tsitso, of Longmeadow, who has been in leadership roles with various local nonprofit groups, to serve as its new executive director.

The formal announcement of the selection is scheduled for Tuesday at 10 a.m. at the zoo, located off Sumner Avenue.

Tsitso's appointment occurs after mixed news about zoo's finances the past two years, both negative and positive. The board issued a plea for increased financial support from the city in December 2016, described as critical for the zoo's survival, but subsequently announced new fundraising efforts and donations.

The zoo had an interim director, Nathan D. Bazinet, in 2017.

According to a news release, Tsitso has had leadership roles with nonprofit groups including Greater Springfield Habitat for Humanity, the East of the River 5 Town Chamber of Commerce, two Springfield-based Boys & Girls Clubs and the Food Bank of Western Massachusetts. She also was a newspaper editor for Turley Publications for eight years.

She was born and raised in Western Massachusetts, and received a bachelor's degree from Simmons College in Boston and a master's degree from Bay Path University in Longmeadow.

Tsitso is on the board of directors of the Richard Salter Storrs Library and the Longmeadow Educational Excellence Foundation, the zoo said.

In 2015, the Springfield Women's Commission selected Tsitso as its Woman of the Year.

The zoo is a private nonprofit organization governed by the Forest Park Zoological Society, located in a public park at long-term lease for $1, with some city funding assistance.

The zoo features more than 150 animals of many species from around the world and promotes wildlife education, programs and special events, the release said.

Gallery preview 

Orange man charged in fatal Athol car crash that killed Eric Gage

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A 28-year-old Orange man faces manslaughter and other charges in connection with the Sunday car-crash death of Eric Gage.

Authorities have arrested an Orange man and charged him in connection with the death of 26-year-old Eric Gage in a one-car crash Sunday in Athol, the Northwestern district attorney's office said Thursday.

Mary Carey, spokeswoman for District Attorney David Sullivan, said 28-year-old Jay Pressley, of Orange, will face a charge of manslaughter among other related charges when he is arraigned Friday in Orange District Court.

Both men were injured when a Nissan Altima they were traveling in hit a tree on South Athol Road in Athol at about 8:40 p.m. Sunday.  The car flipped onto its roof, ejecting one passenger. Two people were trapped in the wreckage of the vehicle and had to be extricated with pneumatic tools.

Police identified Gage and the individual who died in the crash. The two others were transported to UMass Memorial Medical Center in Worcester with serious injuries. 

Obituaries from The Republican, May 17, 2018

Charges upgraded for Ware man accused of raping 3 women

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A Ware man accused of assaulting multiple women has been indicted by a grand jury.

NORTHAMPTON -- A Ware man accused of raping three women and assaulting another has been indicted by a Hampshire County grand jury.

Arthur E. Salsbury Jr., 42, was indicted Tuesday on two counts of rape, four counts of aggravated rape, and individual charges of kidnapping, unarmed robbery, assault by means of a dangerous weapon, and assault and battery. 

His case previously was handled in Eastern Hampshire District Court in Belchertown. The indictment transfers the case to Hampshire Superior Court, where defendants face potentially longer sentences if convicted. No arraignment date has been set.

Salsbury is charged with four separate assaults on women in Granby and South Hadley in 2009 and 2018, Northwestern District Attorney David Sullivan's office said. Three of those assaults are alleged to have been rapes, according to the DA's office. 

"In each of these cases, it is alleged that the defendant picked up the victim on a street in Holyoke and transported her to the location of the assault in his tow truck or other vehicle," the DA's statement said.

The charges, locations and dates of offense are as follows:

  • Oct. 3, 2009, Granby, two counts of aggravated rape
  • Feb. 23, 2018, Granby, two counts of rape and one count of assault and battery
  • March 14, 2018, South Hadley, armed robbery and assault and battery
  • March 24, 2018, Granby, rape and assault and battery


'An epidemic:' Springfield tops asthma ranking as funding for some programs dries up, advocates say

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Nearly one in five of Springfield's children have asthma, and the disease sends city residents to emergency rooms at double the state-wide rate.

Nearly one in five of Springfield's children have asthma, and the disease sends city residents to emergency rooms at double the state-wide rate.

But funding for two programs that could help local patients breathe easier has dried up in recent years, health advocates told a City Council committee Thursday evening.

City Councilor Jesse Lederman organized the Health and Human Services Committee meeting after the Asthma and Allergy Foundation of America (AAFA) released a report that ranked Springfield the most challenging metropolitan area in the United States to live with asthma.

"This report that came out and the data that was just presented should be viewed as a call to action," said Dr. Matthew Sadof, a pediatrician at Baystate Medical Center and a member of the Pioneer Valley Asthma Coalition. "This is about health equity, this is about access, this is about lost wages, this is about poverty."

8 percent of people in the U.S. and 8.4 percent of children have asthma, with black people and Puerto Ricans more like to have the illness. Poverty is also correlated with the disease, according to the AAFA.

While Springfield had the tenth highest asthma rate of the cities surveyed, it had the highest rate of asthma-linked emergency room visits - a sign that cases in the city are less well controlled than in other parts of the country. Springfield's rate of hospitalizations is particularly notable, given that it was not in the top 15 for poverty rate, poor air quality or lack of health insurance - indicators which are linked to poor asthma health outcomes.

Springfield did have the seventh highest pollen count of the 100 ranked cities.

The AAFA noted that several of the highest ranked cities were located in what the organization termed the "Northeast Mid-Atlantic Asthma Belt" - a swath of coastal states from North Carolina to New England which had particularly high asthma rates. 

"Poverty, air quality and access to specialists are key risk factors for these cities. This is likely a product of more industrial and urban populations," the report said. "Asthma rates tend to be higher, especially among children, in urban locations due to more rental housing, more manufacturing and industrial businesses, and proximity to high-traffic roadways."

At the meeting, Sadoff and Public Health Institute of Western Massachusetts Director of Programs and Development Sarita Hudson said health inequities are deeply pronounced in Springfield and across the state. Latinos are four times more likely and black people are two times more likely to visit the emergency room due to asthma, according to a presentation given by the group.

In Springfield, 30.3 percent of people living in households earning less that $25,000 per year have asthma -- nearly four times the rate for households earning between $25,000 and $75,000 per year. And those affected are often least able to bear the medical bills and lost wages caused by emergency room visits.

"Poverty is really linked to asthma," Hudson said. "It's a justice issue. It's a fairness issue."

State, local and federal agencies have devoted resources to studying the problem and working on solutions. But two important initiatives have lost funding in recent years, Hudson and Sadof said.

The Reducing Ethnic/Racial Asthma Disparities in Youth study sent communty health workers on home visits to several hundred at-risk families to provide education on asthma treatment and suggest ways of reducing asthma triggers in the home. Preliminary results were promising, according to the CDC, with a 94 percent reduction in asthma hospitalizations, 46 percent reduction in emergency room visits, and a two-day reduction in asthma symptoms. 

But state and federal funding for the study, which was designed to serve as a pilot for a possible widespread deployment of the program, dried up by 2015. And the home visits have not been scaled up in Western Massachusetts despite strong evidence of their effectiveness, Sadof said. Results from the study are currently being reviewed for publication.

And a program to boost asthma education by nurses in Springfield Public Schools -- which helped the district win an award from the American Lung Association -- also lost its funding.

"We were really proud at that point. But the funding went away," Hudson said.

Lederman and Councilor Timothy Allen said they would inquire with the city's Department of Health and Human Services about the status of the programs and advocate for solutions.

Lederman also said he would consider Sadof's request to declare asthma a public health emergency in Springfield.

"The numbers are startling and have been startling for a long time," Lederman said. "I think it really does represent an epidemic level."

Police report: Easthampton Media Director Kathy Lynch, fired on Friday, made threatening statements to school officials

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Lynch told police her remarks about killing people were 'tongue-n-cheek.'

EASTHAMPTON -- The former director of the city's public access television station made threatening statements in the presence of school officials before she was fired from her job, according to a police report. 

Kathleen Lynch was fired as executive director of Easthampton Media on May 4, following a two-week paid leave of absence from April 9-20, and another two weeks back on the job. The nonprofit's board of directors has declined to say why Lynch was let go.

However, a four-page report by Easthampton police detectives, obtained by The Republican Thursday, sheds light upon Lynch's alleged behavior in the weeks before her termination.

The report begins with an allegation that Lynch, in a March 14 meeting with Superintendent Nancy Follansbee and Easthampton High School Principal Kevin Burke, said, "I am so angry that I could kill people."

Lynch had set up the meeting to discuss a technical problem with a DVD player, but when she arrived, angrily denounced the "discourtesy" she said she receives from school employees, and twice spoke about killing people, Follansbee wrote in her statement to police.

"I was so shocked that she would say something like that, so I asked her 'what did you say?' and she repeated 'I am so angry I could kill people,'" Follansbee wrote, adding that Lynch made other angry remarks before walking out the door.

Lynch had previously sent or copied Follansbee on emails "in which she was very critical of me, our Director of Business Services Dayle Doiron, Kevin Burke, and our entire School Department," Follansbee wrote.

Two detectives on March 26 interviewed Lynch at Easthampton police headquarters. Lynch denied that she meant any harm, and said the comments were "tongue-n-cheek." She "rolled her eyes" and claimed that she actually said, "I'm so angry right now that I could kill someone" instead of "kill people," the police report says.

Police advised Lynch to be more careful with her words. Lynch said she would not meet with Follansbee again, and the investigation was closed -- only to be reopened three weeks later.

On April 5, Doiron contacted police about Lynch's behavior during a public meet-and-greet event for superintendent candidate finalist Alison LeClair, who was later hired to replace Follansbee, who is retiring.

Burke had relayed to Doiron that Lynch "was very unprofessional" on April 3 when LeClair visited the district, Doiron told police. Burke said Lynch was "very agitated and delivered a tirade of her complaints about and grievances with the school department," Doiron told police.

Pat Correia, a consultant hired to guide the superintendent search process, also reported to Doiron that "Dr. LeClair had spoken to her about the difficulty of the interaction with Ms. Lynch," and asked her why no one had intervened.

Doiron asked police to speak with former School Committee Chairwoman Debora Lusnia, who is now active on a ballot committee to promote a "yes" vote on a new, $109 million school project. Easthampton Media has been helping promote the ballot question, Lusnia said.

Lusnia told police that, while "working with Lynch on the building project's public information campaign," that Lynch "had gone on a rampage with her, yelling about her unhappiness with the school department."

Lynch had said "that she was so angry with Nancy Follansbee that she could kill her," Lusnia relayed to police.

Lusnia asked "if her name could be kept out of any report," but police declined to offer Lusnia anonymity, the report states.

Follansbee contacted Police Chief Robert Alberti following the initial incident on March 14 -- a day when students in Easthampton took part in a National School Walkout to protest the mass school shooting in Parkland, Florida.

In the investigative report, Detective Nicholas C. Weidhaas III concluded that "there isn't probable cause to believe a crime was committed," but noted that Lynch's comments about "being so angry she could kill someone" were concerning.

A firearms sales inquiry returned information that Lynch does not own a registered gun in Massachusetts, Weidhaas wrote. Weidhaas conducted the investigation with Detective Sgt. Mark Popielarczyk. 

Lynch has declined to comment on her termination, and said this week she has a lawyer.

Easthampton Media board President James Zarvis previously confirmed that Lynch was fired, but did not respond to an email Thursday seeking comment on the police report.

"In the best interest of the station, for the present and the future, Easthampton Media has ended its relationship with our executive director," Zarvis said Tuesday. 

Lynch was not a public employee. Easthampton Media provides community access television services to the city on a contractual basis. The entity tapes and broadcasts government meetings in Easthampton and Southampton. It also provides equipment, facilities and instruction to community members who wish to make television and videos.

Lynch worked for the nonprofit from 1997-2000, and returned in 2010 as digital media coordinator before being promoted to executive director.

Under Lynch, Easthampton Media expanded its services and opened a 3,000-square-foot "cultural media center" at the Eastworks building on Pleasant Street.

The organization does not let the public view minutes from its board of directors meetings, Zarvis said.

Massachusetts State Police identify victim of fatal Templeton crash

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The Massachusetts State Police on Thursday identified the victim killed in a Wednesday evening one-car crash in Templeton.

Massachusetts State Police on Thursday identified the victim killed in a Wednesday evening one-car crash in Templeton as 56-year-old Stephen Witkowski, of Orange.

In a statement, state police said Witkoski died when his Chevrolet S-10 pickup truck went off the side of Route 2 in Templeton and crashed into the Otter River Road bridge. He was alone in the vehicle.

Witkowski was transported to Heywood Hospital in Gardner, where he was pronounced dead.   

 

Lucio Perez, immigrant in sanctuary at Amherst church, leaves for emergency surgery at Cooley Dickinson hospital in Northampton

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Springfield resident Lucio Perez had to leave his sanctuary church this week to seek medical attention at Cooley Dickinson hospital in Northampton.

NORTHAMPTON -- Lucio Perez, an immigrant and Springfield resident who has been in sanctuary at First Congregational Church in Amherst since October, was forced to leave the church this week to seek medical attention.

Perez left the church Monday to have his appendix removed, said Rose Bookbinder, organizer for the Pioneer Valley Workers Center and Jobs with Justice. 

The operation at Cooley Dickinson Hospital was a success and he has since returned to the church, Bookbinder said. 

Perez, who entered the U.S. illegally from Guatemala in 1999, has been living at the church since the day he was ordered by federal officials to fly back to Guatemala. The father of four children, Perez formerly worked as a landscaper. 

Bookbinder said that organizers had been concerned that ICE officials might attempt to detain Perez at the hospital, but no such effort was made.

"He was on the verge of rupturing his appendix and so was rushed to the hospital via ambulance Monday night," Bookbinder said. 

The Pioneer Valley Workers Center, a nonprofit that specializes in labor and immigrant rights, has worked to support Perez since his move into sanctuary last year. 

"The hospital was totally incredible and amazing," Bookbinder said.  

The workers center also put out a statement Thursday regarding the hospital visit. "This is a historic moment given that Lucio is the first person who has entered sanctuary to receive medical care while wearing an ankle monitoring device," the statement reads. "His ability to receive life-saving medical care sets an important human rights precedence for other immigrants living in sanctuary."

"Lucio has been, and continues to be, in sanctuary here," said Rev. Vicki Kemper, pastor of First Congregational Church. "He had no intention of leaving the safety of the church, and he went to the hospital by ambulance only after a doctor examined him and determined that he needed emergency medical care. He has been anxious to return to the church, where he continues to await the resolution of his case, as soon it was medically safe for him to do so."

Northampton Mayor David Narkewicz, 10 members of the clergy and over 20 cars of supporters accompanied Perez on his trip from Northampton back to Amherst, according to the statement. 

"I'm proud that Lucio was able to receive outstanding medical care in the City of Northampton at Cooley Dickinson Hospital," Narkewicz said. "I'm also proud to stand with Lucio and other immigrant workers in keeping with our values as a sanctuary city."

Lucio's case is pending at the Bureau of Immigration Appeals and a Stay of Removal is also pending at ICE. 

Expert panel will address Westfield water contamination questions

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The bond request, made by Mayor Brian P. Sullivan, failed twice already. Five of the 13 councilors voted it down earlier this month.

WESTFIELD -- The City Council has agreed to meet with a panel of experts next week to discuss a $13 million bond request to address water contamination.

The council will meet at 5:30 p.m. Tuesday at City Hall as a Committee of the Whole so that all members can participate in the discussion.

The bond request, made by Mayor Brian P. Sullivan, failed twice already. Five of the 13 councilors voted it down earlier this month. It needed a two-thirds majority to pass.

The bond includes funds to address Wells 2, 7 and 8, which are offline due to contamination from firefighting foam used at Barnes Air National Guard Base. The bond also includes funds to repair the East Mountain Road water tank and to create an interconnection with the Springfield Water Works.

Councilor Dave Flaherty organized the meeting in conjunction with Sullivan and the city's Water Department. He said Department of Public Works Director David Billips is working with local experts -- including city employees and consultants from firms such as Tighe & Bond -- to participate in the panel.

Flaherty said he took a list of questions from several councilors, including Finance Subcommittee members Daniel Allie, Matthew Emmershy and Andrew K. Surprise, and put them into three categories for the experts to address.

"One is the quality of water in Wells 7 and 8, two is analysis of options for alternative sources of clean water and three is how to propose a solution for 7 and 8 and how a filtration facility would work," said Flaherty.

Flaherty said the questions written by councilors fell within the three categories.

"We hope that by having a panel of experts there we could address these questions and get answers," he said.

Ward 1 Councilor Mary Ann Babinski thanked Flaherty for coordinating the panel. Babinski, who represents north side residents affected by the contamination, voted in favor of the bond previously and said she believes the questions already have been answered.

"I hope this is enough to get the good housekeeping seal of approval," she said.

Flaherty, Allie, Emmershy, Surprise and Nicholas J. Morganelli Jr. all voted down the bond. The five councilors all stated they wanted to further explore options for clean drinking water, including alternative well sites and purchasing water from Holyoke. They also said they were more likely to support the bond if it did not include Wells 7 and 8, which had the highest levels of PFOA and PFOS contaminants.

Flaherty said the money is not the deterrent for him.

"I don't care if it's $13 million, $18 million or $30 million," Flaherty said. "I want clean water."

Ludlow man arrested for school shooting threat hoax

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Criminal charges will be filed against the individual.

LUDLOW -- A 24-year-old local man was arrested after police determined that an online threat of a shooting at the high school on 500 Chapin St. was a hoax.

"The Ludlow police have completed their investigation and found without a doubt that the online Snapchat threat of a school shooting was a hoax," Superintendent of Schools Todd Gazda said in a robocall to parents on Thursday night. "The individual reporting the alleged threat made it up. I repeat, there was never any threat. It was a hoax and the individual made it up."

Gazda thanked those who came forward and provided information to quickly resolve the situation.

An investigation determined that Philip Manuel Costa, 24, was responsible for the threatening message and was subsequently placed under arrest, without incident, at his residence, police said.

Costa is facing a number of charges, including obstruction of justice; threatening  the use of deadly weapons, disturbing a school and disturbing the peace, police said.

"I would also like to thank the dedicated efforts of the Ludlow Police Department for working quickly to resolve this issue," Gazda said. "Unfortunately, this is the time in which we live where individuals can create great anxiety and fear in our community by making such false statements. However, by working together, sharing information and remaining vigilant we can all work to ensure the safety of our children."

Valley Blue Sox host season kickoff party in Springfield (photos, video)

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A big highlight for this season is the hosting of the NECBL All-Star Game on July 29 at Mackenzie Stadium in Holyoke. Watch video

SPRINGFIELD -- When the Valley Blue Sox hit the field next month, they will be the defending New England Collegiate Baseball League champions.

Thursday night, fans were on hand during the team's season kickoff party at the LaQuinta Inn as they got a chance to look over champs' trophy and reflect on a great 2017 season with hopes of a repeat.

As fans mingled they also got a chance to see the new team bus that was on display as well as an opportunity to talk with Fred Ciaglo, of South Hadley, the new owner and president of the team.

Ciago greeted the people on hand and talked about picking up where the Blue Sox left off last season and taking another run at the championship.

He pointed out some of the improvements to the team's home field, Mackenzie Stadium in Holyoke, with a new scoreboard, work on the restrooms and concession stands.

A big highlight for this season is the hosting of the NECBL All-Star Game on July 29.

Things are looking up for the team that finished first in the league in attendance for the second year in a row.

Their season starts on the road June 5, and the home opener is June 9.


'Unintended consequence' of Massachusetts criminal justice reform hurts veterans charged with drunken driving

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The new law, apparently inadvertently, eliminated pre-trial diversion opportunities for veterans accused of drunk driving.

The overhaul of the criminal justice system passed by lawmakers earlier this year was supposed to expand diversion programs to keep more people out of prison. But the new law -- apparently inadvertently -- has actually eliminated some diversion opportunities for veterans, including veterans charged with drunken driving.

Rep. John Velis, D-Westfield, vice chairman of the Joint Committee on Veterans and Federal Affairs and an Army Reserve captain, said the criminal justice bill "gutted" some parts of the Valor Act, a law passed in 2012 to help veterans.

"I believe this was wholly unintentional on the part of legislators," Velis said. But he said lawmakers need to fix the problem to give veterans those opportunities to be diverted out of the criminal justice system. "We need to remain as steadfast now 17 years later after 9/11 in our support of our service members," Velis said.

The Valor Act, signed by former Gov. Deval Patrick, established a way for veterans with no criminal record who are charged with a crime in District Court to be sent to pre-trial diversion programs focused on treatment or education. That gives veterans a chance to get mental health or substance abuse counseling and not be burdened with a criminal record as they return to civilian life. It does not apply to the more serious cases heard in Superior Court.

There has been some controversy about what crimes the Valor Act applies to. The Boston Globe reported on one case in Bristol County where a man was cleared of charges for assaulting and strangling his ex-girlfriend because of the Valor Act. Some lawmakers talked about limiting its applicability for crimes of violence.

In 2017, the Supreme Judicial Court, in Commonwealth vs. Morgan, ruled that second and subsequent offenses of operating under the influence are eligible for pre-trial diversion through the Valor Act.

The criminal justice reform bill signed by Gov. Charlie Baker in April expands diversion for the general population. But under the new law, certain offenses are not eligible for pre-trial diversion, for the public or for veterans. Some are crimes that hurt other people, such as drunken driving that results in injury, leaving the scene of an accident or violating an abuse restraining order. Others involve interfering with the courts. 

The bill would also make operating under the influence no longer subject to diversion.

Guidance issued by District Court Chief Justice Paul Dawley on May 10 says that due to the passage of criminal justice reform, veterans charged with operating under the influence for offenses committed after 3:31 p.m. on April 13, 2018, when Baker signed the bill, are no longer eligible for diversion under the Valor Act.

Sen. Will Brownsberger, D-Belmont, one of the chief authors of the criminal justice reform law, said it was not intentional if lawmakers overturned that part of the Valor Act. "We were not thinking of the Valor Act," Brownsberger said.

A bill introduced by Sen. Michael Rush, D-Boston, chairman of the Joint Committee on Veterans and Federal Affairs, dubbed the BRAVE Act, recently passed the Senate. The bill, now pending in the House, would provide new benefits to military members and would also restore eligibility for diversion for first-time drunken driving offenders who are veterans.

Baker spokesman Brendan Moss said the governor and lieutenant governor have worked with the Legislature on criminal justice reform, including a provision in the bill requiring District Attorneys to establish their own diversion programs for veterans. "The administration has also proposed new legislation to continue improving the criminal justice system and is open to working with the Legislature on additional reforms," Moss said.

Michael McDonough, a Springfield attorney with Egan, Flanagan and Cohen, is a U.S. Army Reservist who does legal work for veterans. McDonough said operating under the influence is one of the most frequent charges against veterans returning to civilian life. "The trouble with transitioning veterans to civilian life is there's a known problem of substance abuse," McDonough said.

McDonough said until now, if a veteran was caught for a first offense of drunken driving, he or she could receive treatment and get the case dismissed. McDonough said if that is no longer an option, veterans will be more likely to lose their license and get a criminal conviction, which will make it harder for them to get a job. "We want to give veterans a second chance if they have a glitch when they're transitioning to civilian society," McDonough said.

Peter Elikann, a Boston criminal defense lawyer who has represented veterans, said the Valor Act acknowledged that veterans often deal with post-traumatic stress disorder. "The whole point of the Valor Act was to provide treatment and rehabilitation for veterans having a tough struggle getting back into society as opposed to just punishing them and ruining their future with criminal records," Elikann said.

Elikann said some lawmakers were concerned about cases in which people who had been out of the military for decades used the Valor Act to avoid punishment for serious crimes. "It was not surprising that they wanted to make the Valor Act a little more stringent to exclude more egregious violent crimes," Elikann said. "But it was a surprise to many supporters of veterans and the Valor Act that a first offense drunk driving charge would not be included in diversion."

Norfolk District Attorney Michael Morrissey, president of the Massachusetts District Attorneys Association, said prosecutors did not request this particular change and were not consulted on it. The MDAA has not taken a position. 

Morrissey, speaking for himself, not the MDAA, said he would oppose diversion in a case that resulted in serious injury or death. But he noted that Norfolk County had the first Veterans Court in the state, and he recognizes that veterans can have unique problems with alcohol or drugs. "It's reasonable for an individual judge to have discretion to divert a first offense OUI under the Valor Act protocols," Morrissey said.

Morrissey said it will be up to the Legislature to decide how to resolve the issue.

Martin Healy, chief legal counsel for the Massachusetts Bar Association, said there has been growing concern among lawmakers for the last year that the Valor Act was too broad, and there has also been heightened concern about drunk driving.

"This is one of those balancing acts that the Legislature has to perform and weigh in terms of what is good public policy here," Healy said. "I think it's not a matter of what veterans deserve, but I think it's a matter of protecting the public from drunk drivers and sending the right message to the public that drunk driving isn't going to be tolerated at all."

Springfield Historical Commission sets new hearing to consider fate of downtown building owned by Victor Bruno

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The Springfield Historical Commission, which is temporarily blocking the demolition of the Underwood building on Worthington Street, has scheduled a new hearing on its proposal to designate the site as a local historic district.

SPRINGFIELD -- The Historical Commission, which is temporarily blocking the demolition of a downtown building owned by businessman Victor Bruno, has scheduled a new hearing on its proposal to designate the property a protected local historic district.

The commission hearing is scheduled for 6:30 p.m. May 29 at City Hall.

It comes after Bruno challenged an earlier commission vote in favor of the historic district. Bruno, through his lawyer, said that he and his company, Venture Properties, were never notified of the May 3 hearing.

Bruno has stated that renovating the vacant, century-old building at 280-302 Worthington St. is economically unfeasible due to severe damage and deterioration. He is proposing to raze the building to create a parking lot pending future "shovel-ready" development.

The commission responded in December by proposing the historic district, stating the district is intended "to protect the architectural integrity of this commercial building."

The City Council was preparing to consider a first-step vote on designating the property as the "Underwood Building Local Historic District" on Monday when the proposal was withdrawn due to Bruno's complaint about not being notified of the prior Historical Commission hearing.

The historic district will need final approval from the City Council. If adopted, it would prohibit demolition without Historical Commission review and approval.

The leveling of the site is already on hold under the city's demolition delay ordinance, which automatically blocks demolition of any building that is a century old or more. The delay stays in effect for nine months unless waived by the Historical Commission.

Bruno's application for a demolition permit was filed in October, and the nine-month demolition delay expires July 6, officials said.

Council President Orlando Ramos said at Monday's meeting that if the Historical Commission recommends the historic district and forwards it to the council, he will schedule special meetings in advance of July 6 if needed.

The commission had recommended the district after the first hearing, when there was no one speaking in support or opposition. The commission did have a letter from the Armoury-Quadrangle Civic Association in favor of the district, Allen said.

The city has four single-property historic districts.

The first was created in 2009, aimed at protecting the former Our Lady of Hope Church from exterior changes or demolition. The church was closed that year by the Roman Catholic Diocese of Springfield.

Other local historic districts are: the Willys-Overland Block, 151 Chestnut St., the Thomas Wason House, 270-274 Liberty St., and the Bliss House, 44-46 Dale St.

At Monday's meeting, the council gave first-step approval for another one-property historic district for the Driscoll Building at 211-213 Worthington St. The owner of the building is seeking the historic designation.

Venture Properties has stated it will cost between $3,150,000 and $3,675,000 to restore 280-302 Worthington St., plus $600,000 in soft construction costs. The company described the cost as "vastly disproportionate to any reasonable forecast of benefit and/or profit from such a project."

The building was constructed in 1916, and its early tenants included the Underwood typewriter company. Other past tenants included the Knights of Columbus and the Eastern States Exposition offices.

Thomas A. Kenefick III, a lawyer for Venture Properties, called for Monday's council vote on the property to be cancelled, and included an affidavit from Bruno stating that Venture Properties "never was given notice of any public hearing that occurred on May 3, 2018." State law requires that notice be given to the property owner at least 14 days prior to the hearing, Kenefick said.

The Historical Commission sent notice of the hearing to Venture Properties by regular postage, which is the standard practice and legally permitted, said Alvin Allen, senior planner for the city's Office of Planning and Economic Development.

East Longmeadow School Committee to continue budget discussion

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At their meeting on Monday, members of the East Longmeadow School Committee will revisit their discussion about the district's proposed budget for fiscal 2019.

EAST LONGMEADOW - During a scheduled meeting next week, the East Longmeadow School Committee will revisit a proposed budget of about $30 million for fiscal 2019.

The committee will meet at East Longmeadow High School Monday beginning at 7 p.m., according to an agenda for the regularly scheduled meeting.

In a presentation at the committee's meeting last month, Superintendent Gordon Smith said the 2.85 percent increase over the budget for fiscal 2018, which ends June 30, would enable the district to hire a special education teacher for grades six to eight and a math specialist for grades three to five.

While members of the committee supported Smith's proposal, some said Town Council, which must sign off on the school budget, should understand the proposal is modest and carefully considered. Assistant Superintendent for Business Pamela Blair said she and Smith do not take spending lightly when writing the budget.

The School Department's budget would be part of the proposed $57 million town budget for fiscal 2019. That proposed budget amounts to a 3.78 percent increase from fiscal 2018.

Discussion of the proposed town budget at a Town Council meeting last month turned at one point to the issue of students from outside East Longmeadow falsely declaring town residency in order to attend the district's schools.

According to Smith, the school system last year spent about $7,000 on a private investigator to look into 11 allegations of fraudulent residency.

Springfield Innovation Center construction to resume in June

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The project has been idle since April of 2017. Watch video

SPRINGFIELD -- DevelopSpringfield says it will restart renovation work in mid-June on the long-stalled Springfield Innovation Center.

MassDevelopment, the state's finance and development agency, sent DevelopSpringfield a commitment letter this week putting the local agency one step closer to getting the financing it needs to complete the project, said Nicholas Fyntrilakis, chairman of the DevelopSpringfield board of directors.

He said he hopes his group can close on $1.8 million in loans -- $1.1 million for construction and a $700 bridge loan to fill a short-term funding gap -- by the end of May.

MassDevelopment declined to comment Thursday, saying the financing deal has not yet closed.

Fyntrilakis on Thursday pegged the new project budget as just more than $7 million, up from an original budget of $5.5 million.

"Really it all stems from the project exceeding what we hoped it was going to cost," Fyntrilakis said of the delays.

DevelopSpringfield has also settled its differences with contractor NL Construction, he said. NL will be the contractor that completes much of the work -- everything except repairs to the terra-cotta facade that needs a specialized restoration company. The facade, which has damage that can bee seen from the street, is one added expense.

The Innovation Center project stalled in 2017, just before then-CEO Jay Minkarah left DevelopSpringfield for a job in New Hampshire. At the time, he said construction would restart sometime last fall.

The financing is good news for a much-ballyhooed project that hasn't seen any progress since April 2017, when NL Construction stopped work saying it hadn't been paid. At that point, work on the 1923 building was 80 percent completed.

The Innovation Center, at 270-276 Bridge St., was once hailed as the "secret sauce" for downtown redevelopment. The 24,000-square-foot building is still planned as a home for Valley Venture Mentors, a group that helps people with ideas start businesses, and will also host a cafe called Ground Up, office space for startups and shared coworking space for enterprises not yet ready for an office of their own.

The VVM offices and Ground Up coffee shop space remain unfinished. One upper-floor tenant, the Women's Fund of Western Massachusetts, has moved out.

One tenant remains. AnyCafe was founded by a Western New England University graduate to make and market a travel mug that can brew coffee on the go.

The Innovation Center project was already funded through a MassWorks Infrastructure Program grant to MassDevelopment, MassMutual, the Beveridge Family Foundation and the Berkshire Bank Foundation.

The building, once known as the Trinity Block, was home to a fur store and in its later years was a nightclub and then a church.

DevelopSpringfield is a public-private partnership that finds new uses for buildings and land that for-profit developers have shied away from. DevelopSpringfield goes in to clear away barriers or to take on difficult projects in order to make way for private investment.

Teachers feeling compromised seek Holyoke Council help to get more state funding, autonomy

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After hearing from teachers, the Holyoke, Massachusetts City Council agreed to seek a meeting with state officials about education funding. Watch video

HOLYOKE -- The high school experience is being redesigned to guide each student to both college and a career. A middle school system is replacing the younger-grades' format.

Such labor happens on top of teachers working longer days and a longer year, with less classroom autonomy and without additional pay.

Teachers came to the City Council Tuesday at City Hall to ask for help. (see video above)

"This important and impactful work has not come without its challenges. Specifically, the expectations around time and performance have increased for our students and our educators at a time of constrained resources," said Peter McAndrew, president of the Holyoke Teachers Association.

After McAndrew and two others spoke, the Council considered an order on the night's agenda about money for schools. An order was referred to the Council Development and Government Relations Committee to seek a meeting with state officials to discuss funding formulas for education.

"The current path is not sustainable," said the order, filed by Council President Todd A. McGee.

The Holyoke public schools budget of over $90 million -- which consists of state money, Holyoke taxpayers' funding and grants -- is mostly state funded.

But formulas for charter school reimbursement and special education funding have failed to keep pace with the "academic and social-emotional needs of students," McAndrew said.

Key is the need to recruit good teachers and retain top talent, he said.

"Regrettably, teacher turnover has been higher than we want it to be and this has compromised our ability to make more progress on behalf of our students. Of course, turnover affects morale," he said.

McAndrew said he has been working with Stephen K. Zrike, state-appointed receiver of the Holyoke public schools, on strategy to try to secure more state support for the schools. 

Some teachers are working an additional 52 minutes a day and the school year has lengthened for many to 190 days from the previous 183 days, he said.

Changes have been made to longevity payments to veteran teachers and the top yearly salary, regardless of years of work or possession of a master's degree or doctorate, is capped at $66,000, he said.

Under state rules, second-grade teachers like Myra Lam must do quarterly math, writing and vocabulary assessments and biweekly spelling and phonics assessments. The mandatory work sometimes includes content her class has yet to learn, she said.

"It honestly puts teachers in an ethically compromising position because we either defy the directives and risk our job security, or comply but we set our students up for failure," said Lam, who teachers at McMahon School.

"The challenges faced by Holyoke schools are complicated and teaching is an extremely complex craft. That's why effective turnaround will not be achieved with a barrage of nonnegotiable directives. The level of micromanagement in the district that we've experienced recently actually discourages critical thinking among teachers and it's one of the major factors in low morale and high attrition that Pete referred to," she said.

Patricia D. Keane, of Lexington Avenue, told the Council she has three children at Holyoke High School and a fourth who attended the city's public schools. She taught math at Sullivan School for 11 years. She is devoted to the Holyoke schools, she said.

It is important to recognize the "emotionally crippling" effects on teachers from steps such as receivership and working longer days without extra pay, she said.

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