Innocent on all counts!

So the jury spanked the "Special Prosecutor," recently retired B-I-G city District Attorney William M Bennet, by coming back ever-so-quickly with a slam dunk verdict of not guilty on all four counts in the God awful manslaughter trial of former Pelham police chief Ed Fleury accused (by Mr. Bennet) of negligence in the horrific death of an innocent 8-year-old child.

Not only the most serious charge of "manslaughter" but even the three lesser ones of furnishing a machine gun to minors. The DA got greedy: in trying to make a major statement and a legacy case he ended up looking like a heartless buffoon.

Mr. Fleury was indeed guilty of something--but certainly no more so than the innocent child's father who signed a waiver acknowledging the activity could lead to "death," ignored a repeated suggestion that his youngest son handling the micro-Uzi was not a good idea and then cheered while filming the disaster, until his son disappeared from the viewfinder.

Or the laconic DA himself, who ignored these highly publicized "machine gun shoots" for seven years, or the numerous cops who were at the shoot that day and said nothing, or the Westfield Sportsman’s Club that probably operates with a skeleton part-time staff made up mostly of volunteers. Or calling an "expert witness" who points the machine gun at the jury, while the judge denies Bennet's attempt at a repeat showing of the snuff video.

Indeed it's a cliche to say that someone like Ed has already "suffered enough". But in this "case" it most certainly applies. To all of us as well.

The Springfield Republican reports (and yes, the AP picked it up)

Story goes International

Town Manager presents "No Override budget"

John Musante (center), Andy Steinberg Finance Comm Chair (in red), Stephanie O'Keeffe SB Chair

Rookie Town Manager and still Finance Director John Musante presented his maiden budget to the venerable Select Board and adhered to the watchdog Finance Committee's suggestion of a level funded budget ($18.5 million), in other words a "No Override budget."

And when I asked if the fiefdoms who represent the other two-thirds of our $60+ million overall budget budget (mainly the schools at $33.5 million and the Library at $1.5 million) were also going to follow this precedent he replied:

"No consideration, to my knowledge, of another Override to support Fiscal budget 2012."

From Health Club to Brew Pub?

The long shot attempt by exuberant former members to revive The Leading Edge--aka Gold's Gym--has already sputtered like an endurance athlete hitting the wall; now a game ending scenario looms with the Zoning Board of Appeals "Special Permit" hearing next month as Amherst Brewing Company, a downtown icon, seeks permission to move into the cavernous University Drive location, a snowball's throw from Umass.

The thriving brew pub opened in Amherst center in 1997 as an anchor tenant in the former First National Bank building, just one of Barry Roberts many successful downtown assets, and they have expanded three times since.

In 1998 founder John Korpita made national news by winning a $3,713 lawsuit for damages brought against an underage patron using a fake ID. Mr. Korpita was also one of only two taverns in town to stay out of the 1999 'Smoking Ban in Bars War' when Amherst lead the way in that public health initiative bitterly opposed by a rowdy gang of barowners.

Gold's Gym opened in 2003, jettisoned the franchise name two years ago in favor of The Leading Edge and then finally expired last October. Interestingly in 2002, a year before they originally opened, the Zoning Board of Appeals turned down a 'Special Permit' request for a restaurant/bar in that location due to neighbors concerns about "noise and crowding."

Original founder and now former owner Peter Earle was intercepted by the Amherst Police on Christmas Day attempting to remove tons of exercise equipment (last second Christmas shopping?)

According to Amherst police narrative:

I spoke with Joanne Delong who said the equipment is leased and can not be removed. Peter Earle and his partner have taken approximately 8 loads. Earle was advised that unless he can provide paperwork stating the items are his, nothing else will be moved. The Penske rental truck was observed with multiple weight stands, and loaded with weights in the truck. The truck was secured overnight. Earle will return in the A.M. and place that equipment back inside until proper documentation is retrieved. Peter Earle was also advised he may face criminal charges if he knowingly removed the property illegally.



This clip is actually from the recent January 10 Select Board meeting. Never hurts to have Princess Stephanie as a reference (shown here acting as Liquor Commissioner approving a new ABC stockholder). And these days the ZBA is a tad less cowering to noisy NIMBYs.

And so it goes...

High noon


Yes, venerable Amherst Town Hall is closed. But the DPW is going great guns (if I dare use that metaphor these days) as is the Police and Fire Departments. Interesting how it's those on the lower end of the payscale who are considered "essential personnel."

Lucky us: 13 reasons for optimism

Borrowing a page or two from Dave Letterman, rookie Town Manager John Musante presented the Select Board a lucky list of 13 reasons to "stay positive" in the coming year. The only thing his presentation lacked was a little background music, say, "The sun will come out tomorrow."

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Regionalization of Emergency Dispatch (partners in place this Spring) Improve service and save substantial money.

Regionalization of Public Health Services ($tate grant for shared services.)

Kendrick Park. Public Process underway. Designs coming in the next few weeks. Substantial state grant to make it happen. Jan 27 Public Hearing on prospective designs from Kendrick Study Committee.

Road improvement. $4.5 million to deal with "most major roads" ($21 million backlog). Most ambitious in town history (starts this spring).

Atkins Corner road and business improvement in South Amherst. Mass DOT about to issue a contract.

Lord Jeff Inn reopens this summer. Anchor in downtown.

Boltwood Place (behind Judie's restaurant) breaks ground later this month. Direct result of zoning changes approved by Town Meeting to allow infill.

BID (Business Improvement District). Working closely with Chamber of Commerce to explore this privately lead, privately financed entity to enhance services in the downtown.

Gateway Project. Working with Amherst Redevelopment Authority and all the major stakeholders. Very intensive process will begin later this winter. Create vital thriving mixed use development, a boulevard connecting Umass campus with downtown.

Notion of neighborhood stabilization. Efforts to improve quality of life especially around Umass. Involving Code enforcement, rental properties, education, enforcement. Working with tenants and landlords.

North Amherst and Atkins Corner rezoning. About to awards contracts to consultants to finish job of translating broader principals of Master Plan for infill development in our Village Center (could come to Town Meeting next fall.)

Solar energy. Town will be a leader in the Region in renewable energy. Six bids to create a solar array at the old landfill. Great for environment significant financial benefits to town and reducing energy costs.

"Open Government to the Max". Trying to allow citizens to be much more interactive with the town.
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And of course soon after presenting the last item on this list the Town Manager and Select Board retreated into Executive Session (to discuss collective bargaining.)

Gatekeepers hold back the horror

It's been almost a week since the deleterious death video was shown to a captive jury in the manslaughter trial of former Pelham police chief Ed Fleury--an accidental machine gun death where of an 8-year-child's head ended up on the wrong end of the gun.

And thus far not a single local, regional or national media outlet has shown the entire video. Thank God for small favors. In fact, yesterday Judge Velis did not even allow the prosecutor to replay it while a State Police "expert" was testifying about the micro Uzi.

One juror has already been dismissed and we will not know why until the trial is over, but it seems obvious since she was crying to the judge that the burden of having watched the video and hearing the heartrending testimony was simply too much for her.

As would the ghoulish video be for many people if released for mass distribution. Unfortunately something like that falls into the category of "know it when you see it"--but by then it's too late.

A hard to resist Siren Song, better left unseen.

South Amherst Robberies continue...

This photo was taken at 9:30 this morning before official word arrived that President Obama and Governor Patrick have ordered the American Flag to half staff to mourn the victims of the horrendous shootings in Tucson, Arizona.

A unlocked vehicle on Sherry Circle in South Amherst was entered under cover of darkness and a wallet removed from the owners pocketbook and of course all the cash--$500. But at least the thief was conscientious: they left the wallet in a nearby mailbox.

This may or may not fit the Modus Operandi of the numberous burglaries that have plagued Amherst and Northampton households since last summer, as leaving cash is in an unlocked car is never a good idea. As the Irish Catholics like to say, "An open door would tempt a saint."

Northampton Police will, however, soon make an announcement as they have issued an arrest warrant for a perp implicated in the Breaking & Enterings there. Time will tell if that person also orchestrated the Amherst capers.