The One That Got Away

Attorney David Mintz did all the talking for client Jesse Bollinger (seated)

In a bench trial this morning Judge John Payne found Jesse Bollinger, age 29, not guilty of driving under the influence, 2nd offense.

He was arrested back on Easter Sunday early morning by APD officer Rita Contardo after she noticed his front headlight out and when pulled over he exhibited the strong "order of alcohol, bloodshot eyes and slurred speech."

In other words, the usual traits that gets you out of the car performing a Field Sobriety Test. He also admitted to having just consumed alcohol.

 Jesse Bollinger did not take the stand to testify

On the Step Test, where you have to take nine strait steps heel-to-toe while saying each step aloud, he missed on step #4 -- leaving a one inch gap -- and step #7 where his heel came down on his other foot.

And on the return trip he made the same type of mistake with one step.

On the One Leg Stand, where you lift one leg, point your toes and count up from one one-thousand, he had to use his arms for balance and touched down at 18.

He also raced through the alphabet (although correctly) in a mumbling manner.

After the brief trip back to APD for booking the officer noted her cruiser was left with the odor of alcohol and even after the booking process the room was left with the distinct smell of alcohol.

Defense Attorney David Mintz rattled off a series of questions establishing that there was no indication of impaired driving after the officer followed his client for about 200 yards.  He also asked if police tend to look a little harder for drunk drivers just after bars close, to which she responded, "yes."

As for the FST's Attorney Mintz told Judge Payne that officer Contardo was a "hard grader" and he would not want to have her for a school teacher.  Because only faltering on 3 of 18 steps was close enough.  And the smell of alcohol does not precisely indicate how much you have had.

Judge Payne agreed that she's a "hard marker" and that the mistakes exhibited on the 9 step test were "not significant."  And since she did not give him explicit instructions about reciting the ABCs it doesn't matter that he quickly mumbled them. 

Since a guilty finding requires "proof beyond a reasonable doubt" Judge Payne found the prosecution did not meet the burden of proof.  Without missing a beat, Attorney Mintz then asked the judge to sign a motion for reinstatement of his client's drivers license.

Of course the one telling piece of evidence not presented to the Judge was Mr. Bollinger's refusal to take the breath test back at Amherst police headquarters during the booking process.  State law says you cannot use the refusal to take a breath test as evidence at trial, but the act of refusal instantly garners a six month license suspension. 

In this case the refusal paid off for Bollinger as he now gets his license back less than two months after losing it for refusing a breath test that would have given solid evidence one way or the other for the serious charge of drunk driving.

The state needs to close that loophole. 

Major Gas Leak

Mass Ave blockaded in front of Whitmore Building

Amherst and UMass police have blocked off roads in and around the UMass ROTC building off Commonwealth and Mass Avenue for a large gas leak, while AFD Engine 1 and Engine 4 are pumping water.

 APD closed off Sunset Avenue by Southwest Towers

At 4:00 PM Dispatch toned out for "all AFD personnel report to your stations" as the explosive situation, which was first reported around 1:50 PM, was still not under control.  

 

AFD Engine 1 laying a water line at Berkshire Gas request near UMass ROTC building 

A large backhoe tries to move the smaller backhoe that hit the gas pipe

UPDATE:  5:30 PM

Many construction workers still on scene

Crisis over.  Whew!

The uncontrolled leak is now shut off but the damaged pipe not fully repaired, so Berkshire Gas customers will be without gas for a while longer.

Pay Me Now Or ...

641 Main Street

Building Commissioner Rob Morra has entered a final phase for rolling in the Rental Registration and Permit Bylaw set to the tune, "No More Mr. Nice Guy."

The law was overwhelmingly passed by Amherst Town Meeting last year and went into effect January 1st.  It requires all rental properties to register with the town, pay $100 annual fee, and fill out a check list verifying adherence to basic health safety regulations.  

Out of 1300 rental properties in town that come under the ordinance only 32 have failed to comply.  As of May 30th the lower 13 properties on the list (below red line) have been issued $100 per day fines.  Yes, that's the total annual cost of compliance now paid PER DAY.

Already the town has received $1,500 in fines, and for those who refuse to pay the fines complaints will be filed in District Court at the end of this month.

The top 19 properties (above red line) will be issued $100/day fines starting this week as their deadline to comply was Friday the 13th.  Bad luck for them, good thing for the town.

 Click to enlarge/read

DUI Dishonor Roll

 Chris Boyle standing before Judge John Payne this morning

As you can tell from his Twitter feed Christopher J. Boyle, age 59, is somewhat the beer connoisseur.  Too bad he doesn't subscribe to the common wisdom, "all things in moderation."

Acting on a good Samaritan cell phone tip of an "erratic operator," Amherst police pulled over Mr. Boyle near the Dunkin' Donuts on College Street just after he drove through the heart of a busy downtown Amherst Sunday evening, Fathers Day, about an hour before sunset. 

The civic minded witness stated Boyle was swerving over the yellow lines while passengers in his vehicle were throwing beer bottles (Heineken's) out the window.  He was arrested for DUI and drug possession.  His third offense for drunk driving.

In Eastern Hampshire District Court this morning Judge John Payne entered a "not guilty" plea and continued his case until July 21 .  He was released on bail with a provision (enforced by testing) to stay away from alcohol.  

Amherst Housing Monopoly Board

10 Tyler Place

One of Amherst's least favorite property barons just added to his already extensive housing empire.  Jamie Cherewatti, aka Rocky Hill Road Partners, purchased 10 Tyler Place for the relatively high price of $495,000.

Although the seller in this case, Joshua Hornik, paid $528,000 for it back in 2007, or $604,000 in today's dollars.

Since the building is a three family structure allowing for 12 unrelated housemates chances are pretty good it will simply remain a very profitable rental.

This is Cherewatti's second purchase in four months using the cloaking LLC, Rocky Hill Road Partners.

Echo Village Apartments, his most controversial purchase because he immediately evicted all the low income Section 8 tenants, was a much steeper investment at $3 million.  At purchase the property was valued at $2.1 million.

Interestingly, the town assessor now values Echo Village Apartments at only $1.795 million -- well below what Cherewatti paid.

Which probably has affordable housing activists salivating for the Fall Town Meeting to take it by eminent domain. 

Main Street USA

Amherst downtown 6/14, aka Flag Day

On the night of September 10, 2001, less than 12 hours before the world changed, the Amherst Select Board had closed the contentious public hearing concerning 29 commemorative flags flying in the downtown and they were discussing the matter among themselves before coming up with a list of days to commemorate.

After Anne Awad had grudgingly stated she would support only July 4th for the extra flags to fly Select Board chair Carl Seppala, when giving his fuller list, said in a somewhat exasperated tone, "Well, they do call it Flag Day."

Flag Day probably gets a little lost since it comes smack in the middle of  two flag centric events: Memorial Day and July 4th.  Sort of like having a birthday a little too close to Christmas. 

Any day, however, is as good as another when it comes to honoring our flag -- and the boundless sacrifice it represents.

Regional School Mega-Committee?

RAWG votes unanimously on governance  8:30 PM

Last night the Regional Agreement Working Group (RAWG) voted unanimously to recommend forming a system of representation via committee that significantly shortchanges Amherst, a college town where our #1 industry is education.

Currently Amherst makes up 88% of the population in the Amherst Regional School District, where all four towns participate at the Middle and High School level.  Yet if all four towns should decide to regionalize in the Pre-K to 6th grade level, the new Regional School Committee will consist of 13 members, seven from Amherst and two from each of the three Hilltowns.

Or as percentages go, Amherst with 88% of the population gets only 54% of the vote in governance. The rationale for circumventing proportional representation (one person one vote) is that Amherst voters will get a chance to weigh in on candidates from the other towns (and vice-versa) in a district wide, single ballot election.

Of course that doesn't help much if each of the Hilltowns only has two candidates running for the two open seats.  

And as part of this endeavor our elementary schools will no longer be overseen by the Amherst School Committee, because the Amherst School Committee will no longer exist. Although once rubber stamped by the current Regional School Committee the new arrangement must be approved by all four Town Meetings even if the town does not plan to join the new Region.  

RAWG also discussed at length the budgets and how a Regional Assessment would work.   And clearly it will be more expensive for Amherst -- by as much as $347,901 in the first year of transition.

Amherst Region Public Schools -- at $18,688 -- already have the highest per student cost in the area,  well over the $13,636 state average.

Even though RAWG in one form or another has been meeting for almost three years the sense of urgency in the room last night to get this Leviathan operational was almost palpable.

Andy Steinberg briefly handed off Chair duties to Kip Fonsh so he could speak freely.  Steinberg, who was most recently elected to the Amherst Select Board, acknowledged the controversy over proportional representation for Amherst but spoke in support of the motion as made.

Superintendent Maria Geryk then announced the janitor was leaving the building at 9:00 PM, so the meeting had to be over by then.

The Regional Agreement Working Group soon came to a unanimous vote supporting the 13 member committee, with Amherst getting 7 seats.

But is that any way to lay the groundwork for a $42 million regional entity?

Although, the janitor seemed pleased.