Town center this morning (submitted photo)
In case you wondered where our homeless population sleeps now that the shelter has closed for the season: In and around town center, pitching tents in conservation areas and West Cemetery or breaking and entering into someone else's abode.
Stash (sleeping bag, clothes) behind Town Hall
Of course if APD then catches you it's off to the House of Correction in Northampton. Last week in two seperate incidents police arrested four individuals who list their address as "Streets of Amherst."
Such was the case with Daniel Davenport and Melina Ann Lynch:
Click to enlarge/read
Troy Ward & Angel Rivera were arrested for more traditional B&E
The Massachusetts Supreme Judicial Court handed down a decision today affirming the rights of a homeless individual to use the "necessities defense" for breaking and entering.
But they drew the line when the weather is fair so Davenport and Lynch would not have had much luck using it.
However, if the Homeless Shelter goes dry next season and starts turning away patrons under the influence of drugs or alcohol on a cold winter night, neighboring residents and downtown businesses may see an increase in unwanted guests.
In Eastern Hampshire District Court on Monday Judge Poehler refused the Commonwealth's request for bail on three of the four but did impose $1,000 bail on Angel Rivera. Davenport, Lynch and Ward were all released on their personal recognizance and will be back in Court next month.
And, no doubt, now back on the streets of Amherst.
44 comments:
I called APD twice in the last month for problems in the west cemetery. Amherst is becoming an attractive place for hardcore substance abusers who are homeless. Not gonna help tourism seeing a homeless encampment next to Emily's grave
Another reason to arm the public, Home Protection. Break-in during the night and meet a 12 gauge double barrel security system!
Is that true that in bad weather people can break into your home?
Here, here, Anon 6:02 or if your a Dem you could have a sit in. Nitwits.
Yes, Anon 6:19, it's true.
Maybe we should work on a more compassionate solution to this serious problem in our community. Love always wins
What is the legal standard for the necessities defense?
Luckily we have anon 8:09 to take in the homeless and shower them with love. How many rooms you got and how many can camp in your backyard? I bet you have practically nothing to contribute.
A community and local government building millions in new buildings, but leaves their homeless to be arrested and jailed by loser thug cops has failed in every way shape and form. The desperate are the only people that really need government vs. most of the rest of the community that just uses the government as a tool for their special interest, to get money without working or trading.
At what point is there a consequence for a community and government failure? Do we keep on pretending these are good people doing their job as public servants? My guess is yes, perhaps a parade....
Shame on those who claim to be community leaders.
Folks, which is worse: drunken Um students pissing on your front lawn or some schmuck INSIDE your home?
Anon 8:09, I look forward to you publicly posting your address here, the bus stop, and at the Amherst Survival center. Don't forget to keep your doors unlocked and be sure to stock up on food and toiletries!
Anything else would be, well you know... hypercritical. Love always wins!
~Bill R
For anyone curious to read the court's full opinion in Commonwealth v Magadini, but straining with the fuzzy copy here, try this link: http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/11874.pdf
No, Anon 6:19, I read the case, and it's not true.
So take your pick.
Rich Morse
Put these bums to work, or in the can.
These days if your useless you can live like a king. Got a problem just throw some money at it.
Now we have a use for the empty East St. School! A hotel for the homeless..
Very expensive to make it habitable.
This was about the fairness of one judge's refusal to give a defense of necessity instruction to a jury in one trial involving several specific sets of circumstances in Great Barrington (including the level on intrusion on others where the defendant chose to sleep). It is fairly illuminating, and not boring at all, to watch the presentation of the appellate attorneys to the SJC on the Suffolk.edu website. You will see Justice Cordy give the defendant's attorneys a pretty hard time, and you will see a fairly weak presentation by the Berkshire ADA assigned. The case does NOT establish a right for homeless people to sleep wherever they want whenever they want, or to break and enter into private homes. It establishes the availability of the necessity defense under certain circumstances, AND the instruction that goes with it, which a jury could then accept or reject in its deliberations. This was a unanimous decision of a very distinguished, level-headed Court. The sky is not falling.
Rich Morse
Ignorant solution.
Is there a country, county, or town that has found a successful solution to homelessness? I understand a large majority have mental issues as well. I would hope SOMEONE has found a model that works somewhere!
As I used to say, somewhat sarcastically: "We've got top people working on it."
Biggest attraction for the homeless in Amherst is that the shelter is "wet" meaning the homeless can be under the influence and still have a bed to sleep in. A number of them come to Amherst just for this fact alone. Push for the end of the "wet" component and the numbers will likely decrease. Say nothing and numbers will go up - so don't complain.
We gotten the town we deserve by being politically correct to the point of stupid. A "wet" shelter? Which town moron came up with that brilliant idea? Let's name the person who came up with that so we can all thank them with phone calls and emails. I'm sure there is a public record of who that genius was who pushed for the wet shelter. And I'm sure that they are proud of their work and would enjoy hearing from average citizens of Amherst who are affected by the drunken bums that now live in town thanks to this Nobel Prize worthy idea. Please... journalists on the blog... historians who know all about Amherst... who is responsible for this wet shelter being in our town?
What top people?
I believe a little digging will reveal former SB member whose last name rhymes with mice as a responsible party for the wet part of the shelter. Lots of $$ come with this designation but not enough to shelter them over the summer, I guess? Maybe some wise photographer can follow them as they B&E and hang them on a gallery wall so people will understand.
I think the wet shelter was Stephanie O'keefe's baby, but I may be wrong.
Being homeless is a sad situation and we all could face this possibility sometime in our lives. BUT, Amherst residents cannot continue to "foot the bill" for all of society's problems. How about helping those who were once residents but through some misfortune are down on their luck, but only for a limited period of time? Funding one's drug and/or alcohol problems is not the responsibility of the taxpayer. Mental health issues are a bigger and more difficult problem but Amherst cannot serve the entire valley. Other towns must do their share. How about the concept of the Poor Farm? A clean bunk and meals for a day's work?
I would think that anyone who cares SO much about the homeless would be willing to open their own home to them and take them in... so can we count on you for that? Huh? Huh? Sorry, the silence is deafening. More big talk from people who want to look politically correct and sensitive... but who won't back their cheap talk with actual deeds of sacrifice. So instead, they let the average homeowner and citizen of Amherst sacrifice by being panhandled and accosted for money every time they go out to eat in downtown Amherst. You want to know what's killing Amherst businesses? It's the average citizens desire to go out and not be bothered by young bums who could be working and won't. But no, no one in this town has got the guts to call it like it is. You all just want to look "sensitive" and "caring".... without putting yourselves up where your mouthes are. I'll start caring when I see people opening their homes to homeless drug addicts and alcoholics. Lending them their cars. Letting them sleep in a room next to their children. Oh, what's that you say? You wouldn't do that? Well, you are forcing people in that downtown Amherst area who own homes there and can't move to have these lowlifes as their neighbors. This town is a joke. A bad joke.
That sounds like Atty. Gen. Lynch's approach to Islamic terrorism. Yeah that'll get the job done.
+1 to anon 9:00 about the poor farm... although I am usually very liberal, it seems logical: the goal is to find jobs and housing for homeless people and the farms provide both.
That doesn't rhyme with mice...
Work? Who amongst them wants to work?
Back in the Amherst poor farm days each town was responsible for their own homeless. If a community took care of your destitute you you were billed by then town. Most likely you were kicked out of a foreign town and I believe that was called Warning Out.
I suppose that alley is considered habitable, then?
Caring for those who care not for themselves. Only the hope of heaven makes life end well.
i think we should repeal the Federal Narcotics Act -- let the HopHeads have all the Heroin they want -- but no Narcan. Let them die now and be gone....
Let's consider it "Post-Postpartum Abortion...
These comments in one of the liberal places on the planet show that those in need really cannot look to government as government is there to serve someone richer.
Take away government assistance for the middle class and watch all these cute families become homeless and uneducated because the parents were really deadbeats who could not support their own families without the forced help of others.
Let us just be real and say we can get away with ignoring and passing the buck on the lowest groups and focus on those with a voice as that is how you get government money, the rich have a big voice, those with some money have some voice and so on.
This is why Trump will win....he is just like you.....and me....hehe...it must be the money.
Ed, you don't live here so butt out.
We helped more than one homeless person..This in particular really just took advantage.. I gave him a job, found him a room to rent. He ended up selling drug at the work place and stealing the cc of a good friend of mine who was, renting him the room. Needless to say after time in jail He came back out gor, another a job agenda a room he ended up being one of Amherst unattended deaths. Another friend an ARHS grad I offered her a job and she told me she made more money pan handling.. She was happy with her life. Needless to say broke my heart to have her also od and die. People have to want help. We can't assume they all do.
Rebecca
Czan you find Me a job? I'm someone who actually Wants to work.
This blog is for anyone and everyone. You, 4:32 have no business telling anyone to butt out. Oh, yes, you can say it, but don't expect anyone , even Ed to listen. You seem to be under the impression that only residents can post here. Typical Amherst prig.
Disgusting, Ed.
Maybe I can get u a job but it takes more.thN wanting a job. Send larry your email address he will pass it on to me .
Rebecca
Asaformer and maybe future homeless person,I dont know if my normal life will last. Circumstances put me on the streets twice in the past 4 years.I can tell you all that for our the town of Amherst does not support the shelter. State grants and donations do. Secondly not all of us are addicts and hang out in the cemetery. Some are actually well educated and something bad happened. I never thought I would be panhandling to survive. Its embarrassing and degrading. Especially for those of us who dont choose to be homeless. Yes there are a few with a income who personally make me crazy. If I could work, and I have tried, only to fail, or have a SSI check, I would have a damn home & life. Its scary out there. Have a little compassion & realize it could happen to anyone. You dont have to give money. I liked the people who would just talk to me like I was a person not a dog. Prayers are very welcome too. I have a home now but I will never forget what I went through and how I got where I am now. I may be back & I am afraid of that. Just be kind or just ignore. Thank you.
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