Saturday, February 9, 2013

Aid to commissioner’s son by police officer is debated


Eugene O’Donnell, a professor of law and police studies at John Jay College of Criminal Justice, said the officer’s career is in the hands of the commissioner, making an already difficult policing decision even thornier.
“It’s not unequivocal that you have to make an arrest, but it’s close,” said O’Donnell. “Anything you say about this is colored by the fact that you were told who this young man is.”
But several people said that driving home suspected drunk drivers is not as unusual as it may seem. Officers have wide latitude to decide whether to ­arrest.
‘People are entitled to wonder if they would have been afforded preferential treatment.’
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They caution, however, that showing leniency in such cases can have unintended consequences.
Officers can be held liable if the driver they drop off at home or put in a taxi gets into a fight or gets behind the wheel of another car and kills someone.
In the case involving Davis, the officer’s decision has raised questions about whether the son received unusually favor­able treatment.
Philip Davis was about to drive home from the TD Garden, where he had gone with his girlfriend. But a Boston police officer, who was told by a passerby that Davis appeared to be drunk as he got ­into his truck, stopped the young man as he drove his blue pickup out of a downtown parking garage.
According to a police report, the officer learned that Davis had been drinking, but was ­unsure he was impaired and gave the young man and his girlfriend a ride home. Davis left his truck in the garage.

Vt. state worker sentenced in prostitution case

A former Vermont state employee has been sentenced to six months of home detention for his role in a scheme to bring women from New York City to Vermont to engage in prostitution with farm workers. Alex Young-Hernandez was sentenced Thursday in federal court in Brattleboro. The 56-year-old had worked as a case aide for the Department of Children and Family Services for 10 years at the time of his arrest, The Burlington Free Press reported. Young-Hernandez said he learned of the prostitution operation in October 2010 from Jose Flores-Rocha at a trailer in northern Vermont where Young-Hernandez lived with several farm workers, according to court records.

Charges against Occupy Boston protesters dropped


Suffolk County prosecutors dropped Friday the case against more than two dozen protesters arrested during the Occupy Boston demonstrations, but at least five defendants will contest the dismissal in hope of fighting the accusations on their merits.
“Our clients feel that they deserve a day in court to contest their arrests on constitutional grounds,” said Jeff Feuer of the National Lawyers Guild, which is defending the demonstrators. “They were using a public park.”
Feuer said the October 2011 arrests, which came as the demonstration swelled beyond its original boundaries in ­Dewey Square, violated the protesters’ rights of assembly and free speech under the state’s constitution. The five protesters were scheduled to go on trial Monday, but instead will appear in Boston Municipal Court to contest the dismissal, which would end legal proceedings against the protesters.
A spokesman for Suffolk District Attorney Daniel F. ­Conley said prosecutors decided to resolve the cases because the defendants had abided by certain restrictions imposed by the court for more than a year. Other protesters charged with trespassing and unlawful assem­bly had agreed to similar conditions in resolving their cases.
“There’s now parity with prior cases arising from the protests,” Jake Wark said. “They’ve served essentially the same sentences.”
Wark said the defendants had been offered similar dispositions shortly after their ­arrests, but they insisted on criminal trials.
Prosecutors also considered the resources of their office and the “gravity of these cases relative to those involving firearm violations, violent crime, and other offenses.”
About 120 protesters agreed to resolve their cases by serving a period of probation or paying a fine. But 27 have refused to settle, believing that the charges were unjust.
“We were behaving in a ­legal manner,” said Tammi ­Arford, one of the five demonstrators.
Arford said defendants have been preparing for a trial, only to have the prosecution drop the charges just before it was scheduled to begin.
“They have been dragging us through this process for more than a year,” she said.
Arford and Andrea Hill, ­another Occupy member, said they believed that resolving the cases would have been an ­admission of wrongdoing.
Defendants argue that the area where they were arrested is public land at the entrance to the Rose Kennedy Greenway, which is managed by a private nonprofit and created to be public space. They note that the nonprofit, the Rose Fitzgerald Kennedy Greenway Conservancy, had written a letter ­before the raids saying it would allow the encampment to stay.
“Charging them with criminal conduct for exercising those rights was plainly unlawful and in violation of their constitutional rights to assembly and free speech under the First Amendment to the United States Constitution and Articles 16 and 19 of the Massachusetts Declaration of Rights,” the lawyers guild said.
Prosecutors cited a ­2011 decision by Suffolk Superior Court Judge Frances McIntyre, who wrote that the protesters had no First Amendment right to “seize and hold the land on which they sit.”

Two storms converged at ‘perfect’ spot


he fierce nor’easter that began walloping New England on Friday was the product of two storms that merged, causing a rapidly strengthening storm known in weather jargon as a “meteorological bomb.”
“We just have the right setup,” said Lance Franck, a National Weather Service meteorologist in Taunton. “It really is just a classic snowstorm.”
Forecasters said Friday night the storm remained on track to produce prodigious amounts of snow. But, in many ways, it reflects an utterly typical winter weather pattern, meteorologists said. Its path just happens to be dead-on, landing at a meteorological sweet spot to produce substantial snowfall in New England.
The jet stream that flows from west to east, 18,000 feet above the surface of the Earth, has two branches: a polar stream that takes a northerly route and a second, more southerly stream. When those branches converge, which is a pretty routine event during winter, snow is a possibility, as the frigid air from the north mingles with the humid air from the south.
“This winter has been interesting because the two streams have been largely separate,” Franck said.
‘But the process of this happening isn’t unusual, it happens almost every winter.’
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Until Friday.
This time, separate storms were brewing in each branch of the jet stream. The storm in the northern branch had deposited light snow in the upper Midwest. The storm in the southern branch had spawned rain in the mid-Atlantic, Franck said.
They separately swept toward New England, and by Friday night, meteorologists were saying the storms appeared destined to combine — very near a spot meteorologists call the “benchmark” because it is a pivotal spot for understanding how storms are likely to behave.
“The intersection point where the storms will ultimately become one . . . just south of Block Island, in that area — that’s just the perfect location,” said David Epstein, a meteorologist whose forecasts appear on Boston.com.
Franck said all projections of the trajectory of the two jet stream branches and their attendant storms, and where they were poised to merge, suggested the development of a “prolific snow producer.” By early evening, nearly 7 inches of snow had fallen in some areas of Boston, but forecasters predicted the pace of snowfall would accelerate as the night deepened.
If the storms had met to the northwest of the benchmark, a mix of snow and rain would have resulted. If they had merged to the southeast, the resulting precipitation would have been less substantial.

In Marblehead, marveling at the fury, majesty


MARBLEHEAD — It could be heard well before it was seen or felt in this normally placid seaside town.
Like countless others living along the New England coastline, Marblehead residents awoke to the roar of crashing surf outside their windows, a not unfamiliar sound with a nor’easter approaching. Still, the winds remained calm and the skies snowless as people moved about the downtown, taking care of last-minute errands.
Joggers and dog-walkers ambled along the causeway leading to Marblehead Neck. Seagulls rode the breeze overhead. A trio of lobster boats bobbed on their moorings in an otherwise empty harbor. Mailmen, bundled against the chill, gamely made their appointed rounds.
That sense of life as normal would not last.
Shortly after noon, a light breeze turned into a flag-snapping gale, and gray skies turned crystalline white. Snowflakes began blowing horizontally outside the windows of The Barnacle, a waterside bar and restaurant with a 70-year history of attracting diehard storm-watchers. As the clam chowder and Bloody Marys flowed, so did the conversation about storms past: the merely memorable and truly historical. Which category this storm would fall into, nobody yet knew.
It was a relaxed atmosphere among patrons and workers at The Barnacle, with waitress Bethany Cook sharing a moment of play with Quinn Nevins as the storm approached.
BILL GREENE/GLOBE STAFF
It was a relaxed atmosphere among patrons and workers at The Barnacle, with waitress Bethany Cook sharing a moment of play with Quinn Nevins as the storm approached.
Waitress Bethany Cook, 51, a town native, was ready for whatever happened. The Barnacle’s unique history and location, she said, invited patrons to flock here during megastorms. Photos on the barroom walls show storm surf crashing over The Barnacle’s rear deck and roof.
Was no one concerned about safety, even when winds hit hurricane force?
“We’re pretty fearless,” a smiling Cook replied.
Jay Sahagian, a commercial lobsterman whose family has owned The Barnacle since the 1940s, said he had been asked all morning — at the bank, the grocery store — if he would be open during the storm. As long as he could, he told them.
Three sisters with Marblehead roots sat by the bar, taking in a scene they obviously relished. Joan Sulbergeit, 51, had driven from New York to experience the storm here. In 1978, she lived in Boston during the history-making February blizzard.
“I remember how fast everything happened,” she recalled, sipping a cocktail. “In an hour or two, everything shut down. But I doubt that will happen this time.”
Nancy Rooks, 63, Sulbergeit’s sister, planned to go home and watch television coverage of the storm through the afternoon and evening. Saturday morning, she said, she’d be snowshoeing over to Sulbergeit’s house, with a bottle of wine and more storm tales to share.
By 2 p.m., snowfall remained light. By now, though, the ocean’s roar could be heard over a howling, collar-turning northeast wind, the calm before the approaching storm palpably over.
Streets and sidewalks turned virtually barren. Those who had gone to work that morning were scurrying to get home while they safely could. Those venturing outside were drawn to the elemental drama of winter nor’easter meeting shoreline.
At the Castle Rock lookout, on the Atlantic-facing side of Marblehead Neck, high school freshman Hannah Davis snapped cellphone pictures of herself and the frothy waves crashing on the rocks below.
Davis stood on the slice of coastline immortalized in “The Perfect Storm.” In a brief scene from the movie about the October 1990 No-Name storm, television coverage shows breakers thundering into the Neck’s outer coastline.
Davis, 14, was too young to recall that storm, though many Marbleheaders vividly do. She had come here with her father, Paul, a Boston money manager, to feel nature’s fury firsthand. “We always like coming out in storms,” she explained. “A lot of my friends are staying inside watching movies.”
Would she be sharing her storm pictures? “Thank goodness for Facebook,” she laughed.
An hour later, even fewer hardy souls were venturing outside. The Starbucks had closed, as had almost all the shops, restaurants, and other downtown businesses. Snowplows were out in force.
At Seaside Park, a popular sledding spot, there was just enough snow by 4 p.m. to support a ragtag group of sledders. And wind enough to send inflatable snowtubes flying uphill like frosted Frisbees.
As daylight began to fade, Jason Uttam and his son, Miles, 6, flew down the hill on their tube. Uttam had taken the train home from Boston, after his office closed at 1 p.m., then walked to the park for some preblizzard fun.
“There’s a small amount of snow cover, which makes you go faster,” Uttam said. “We’ll see about tomorrow.”
He and everyone else in the path of a storm just getting started.

Preservation society head to step down

The head of the Providence Preservation Society is stepping down for a job in Florida. The president of the board of trustees said James Brayton Hall will be stepping down in March for a job as deputy director of the Norton Museum of Art in Palm Beach. He has led the society since 2010. The board plans to appoint an interim director in coming weeks and to launch a search for Hall’s permanent replacement.

Region digs out from historic storm


A historic blizzard is finally headed out to sea after dumping more than 30 inches of snow on some areas of Massachusetts, cutting power to hundreds of thousands, and battering coastal communities with big waves and howling wind. One person died in the storm, a boy who got into a running car at midday today in Boston to warm up after shoveling snow and succumbed to carbon monoxide poisoning.
The Boston Fire Department said today that the 11-year-old boy was on Nazing Street, near Franklin Park, when he got into a small four-door sedan to get warm after shoveling the walkway and car at about 11:40 a.m. Rescuers took him to Boston Medical Center, where he was pronounced dead.
There were no other major injuries or deaths due to the storm, officials said.
Governor Deval Patrick lifted the travel ban at 4 p.m., 24 hours after he first imposed it.
He asked people to be patient with the pace of storm recovery efforts. “We have a lot of snow to dispose of and to remove. And it will take some time to do that. That is a prerequisite to ... getting power restored,” he said.
National Guard troops headed to coastal communities to assist in evacuations due to giant waves and storm surges that sent the ocean sweeping onto shoreside roads and homes.
The storm howled its way into the record books. The National Weather Service said 24.9 inches of snow fell at Logan International Airport, the fifth highest snowfall ever recorded.
For some, there was a bright side: An unfamiliar landscape of pristine snow with drifts sculpted by the wind. Some people cross-country skied and snowboarded on the iconic Boston Common.
And in Worcester, state officials said, a National Guard EMT and a a local EMT delivered a baby at 3 a.m. today, in the teeth of the storm.
NStar reported about 253,000 outages, while National Grid reported about 152,000, the Massachusetts Emergency Management Agency said in a 1 p.m. update. State officials said crews were now out on the road, working to restore power.
Numerous towns in the state reported more than 20 inches of snow. Spencer held the record as of mid-morning, reporting 30.5 inches.
Patrick said the travel ban would be lifted immediately for communities west of Interstate 91 and on the island of Nantucket. The ban, which has not been used by a governor since the legendary Blizzard of ‘78, will expire statewide at 4 p.m.
“The overnight travel ban worked extremely well for us,” Schwartz said at an earlier news conference. “We’re very happy this morning that we’re not dealing with clogged arteries, clogged secondary roads, and we can focus where we need to focus.”
State transportation officials said more than 3,600 crews were working at 10 a.m. after a night of battling the snow.
Those hoping to use public transportation are out of luck. The MBTA will not be able to restore service today, said MBTA spokesman Joe Pesaturo.
Transportation Secretary Richard A. Davey said at a news conference with the governor and other officials at the MEMA bunker that the MBTA would try to resume some service but was really aiming for Monday morning rush hour.
Weather forecasters said early this morning their sensors appeared to be malfunctioning, but they’re estimating winds gusting to 30 to 35 miles per hour across Western Massachusetts. Across Eastern Massachusetts those gusts are likely blowing to 50. And on the immediate coast, Cape and islands gusts are likely up to 65.
Weather service meteorologist Alan Dunham said Logan International Airport had recorded a peak hurricane-force gust of 76 miles per hour (hurricane winds are 74 or above) and there were multiple reports of gusts reaching 74 to 77 miles on Cape Cod.
Lighter snow is expected to persist into the afternoon.

Blizzard postpones Bruins-Lightning


BOSTON -- The NHL has postponed the Boston Bruins-Tampa Bay Lightning game Saturday due to the weather-related state of emergency that remains in effect in Boston.
A makeup date has not been announced.
In a statement released by the league Saturday afternoon, with even both teams and on-ice officials in Boston, "travel conditions remain too hazardous for fans, security personnel and TD Garden staff to get to the arena."
The game was originally scheduled for 1 p.m. ET, but the start time was moved to 7 p.m. due to the blizzard that hit the area. It was finally postponed in the middle of Saturday afternoon. The Boston area received more than 2 feet of snow on Friday night and Saturday morning.
The Bruins are scheduled to play at Buffalo on Sunday. The Lightning head to New York for a game Sunday night against the Rangers.