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THE PLANET WRITES TO OUR STATE REPS FOR THEIR THOUGHTS ON THE NILAN-MOORE HIT-and-RUN CASE … plus … WORD BEGINS TO TRICKLE IN ON THE PLANET’S APPEAL FOR INFORMATION BY THOSE WHO MIGHT ‘KNOW SOMETHING’ … INTRIGUE GROWS AS SUSPICION ON VERDICT MOUNTS … FOLKS, THIS CASE ISN’T GOING AWAY

By DAN VALENTI 

PLANET VALENTI News and Commentary

(FORTRESS OF SOLITUDE, THURSDAY, JAN. 26, 2012) — There is much happening and things are a-poppin’ on THE PLANET this morning. As our good friend David Kolman used to say, we are busier than a one-legged man in a butt-kicking contest. We shall post and then part, trying to get in as much as we can before duty calls in another state.

CAn we get this plug out of the way up top. Here’s the link to the TV-radio show we did yesterday with our Right Honorable Good Friend, John Krol, host of Good Morning, Pittsfield:

Yesterday’s Good M. Pittsfield with Dan Valenti and Congressman Richard Neal is now online…

http://pittsfieldtv.dyndns.org:81/16552-1GoodMorningPittsfield.wmv

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State Reps Owe It to Constituents to Share Views of Case

At 10:14 a.m. this morning, THE PLANET sent the following e-mail to all the members of the Berkshire County representative to the General Court. This mean Gail Cariddi, Paul Mark, Tricia Farley-Bouvier, and Smitty Pignatelli in the House, plus Ben Downing in the Senate:

MY RIGHT HONORABLE GOOD FRIENDS
No doubt, you are familiar with and have been following developments in the Meredith Nilan-Peter Moore hit-and-run case. I will not insult your astuteness by summarizing the case. Rather, let me get right to the point:

There are serious allegations of malfeasance and manipulation in the case being raised by the general public as well as this address via THE PLANET (www.planetvalenti.com) based on the evidence that has been released or that we have uncovered. The facts of the case as reported on THE PLANET have gone undisputed. We have immediately corrected the record in one case, where a subject shared additional information. 

Concerned citizens in this community have, in my view, just concerns that a grave injustice has occurred. In light of all this, I submit several simple questions. These will help your constituents understand you better (always a good thing) on a flash issue that affects the entire Berkshires. This case goes to the heart of the public’s perception that there are two sets of rules — the very thing President Obama talked about in his State of the Union address. There are one set of rules for the privileged, the connected, and those with friends in the right places. They receive a “Get Out of Jail Free” card. For everyone else, the commoners, there’s justice. 

My questions:

(1) Do you agree with the finding of a Westfield first assistant clerk magistrate that there was insufficient evidence to allow a criminal complaint lodged by (and appealed by) the Pittsfield Police Department to proceed? That is, do you have 100% confidence that the decision was impartial, with Lady Justice’s blindfold squarely in place, and with NO OUTSIDE INFLUENCE OR PRESSURE to reach an “insufficient evidence to proceed” verdict?

(2) If you do not agree, can you tell us why, and what you intend to do about it?

(3) Will you initiate a petition for an independent state authority to be brought in and examine all facets of this case? If not, will you support such a petition that one or more of your constituents might file, and fight hard in your respective chambers to see the petition enacted?

(4) Do you personally know Clifford Nilan? If so, what is your opinion of him as a public servant?

There may be more questions to follow, but for now, let these suffice. My deadline is by 11 a.m. tomorrow (Friday, Jan. 12, 2012).

I have been covering politics for a long time in my professional career as a reporter, columnist, author, speaker, and broadcaster. I cannot recall a case that has sparked such an uproar, and such a unanimous consent among the general public of a local community, that “We wuz robbed.”

People have that feeling, deep down inside, from the core of their being, that there’s been a fix in the works since the night of the incident.

An innocent pedestrian gets mowed [down] by a speeding car that has swerved, jump lanes, and slammed into him. His head goes clean through the front windshield, close to the driver. The man is left with injuries that will likely lead to a permanently impaired quality of life. The driver escapes without even a traffic ticket. The driver’s is the daughter of a powerful political figure in the close-knit power base of Berkshire County and Pittsfield. Something’s not right. 

Will you, on behalf of all that you hold dear about due process and the American way that you swore to uphold, support an investigation to determine if all has been “on the level” in this case? That’s all people are asking. This is not about a “witch hunt.” This is not about “vengeance.” This is about Lady Justice. 

We are, after all is said and done, a nation, a state, a county, a city of laws.

Are we not?

Sincerely,
DAN VALENTI

Ample precedent for this Request

Our request of the state reps has many precedents. Just today, we found one. In case you missed it, there’s one involving the Rose Kennedy Greenway in Boston. The greenway’s executive director made “a brazen attempt” to dodge a Boston Herald inquiry about the “non-profit’s” finances.

We the Taxpayers fund half the $4.7 million annual budget of the Greenway, from the state transportation department. Executive Director Nancy Brennan earns up to $225,000 a year and employs 40 people. Can you say, Hackerama?

The Brennan stonewalled, confirmed when the Herald inadvertently had fall into its lap an e-mail Brennan meant to sent to her PR consultant, the state jumped in. Here’s the lead of today’s story by Erin Smith, Richard Weir, Dave Wedge, and Matt Stout:

Alarmed by the Rose Kennedy Greenway’s brazen attempt to dodge a Herald inquiry about its finances, top state officials are demanding that the embattled chief of the taxpayer-funded nonprofit open the books and hand over details of the conservancy’s hefty salaries, bonuses, expenses and contracts.

State reps have jumped in, demanding accountability from the “non-profit.” That’s what THE PLANET on behalf of We The People is asking for in the Nilan-Moore case. The state must step in to conduct a thorough investigation of what appears to be a Fix. Our state reps must go to bat the justice.

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As you see, the deadline for my Right honorable Good Friends to get back to us is 11 a.m. tomorrow. That is enough time for the members to formulate a thoughtful response and yet soon enough to make our posting tomorrow (although cyberspace, not having a print run [since nothing gets "printed] doesn’t have “deadlines” … One of the things we love about blogging is that it is always NOW). We shall, of course, be posting all of the responses received by that time at that time. We shall duly share the reps’ responses. We shall also say that silence  will speak VOLUMES.

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VALIANT CITIZENS ANSWER THE CALL FOR INFORMATION

Based on our investigations and what others in the community have shared, THE PLANET has once certain conclusion: There’s a whole lot more to the Nilan-Moore case than has come out.

People who might be in a position to supply facts and truth have been unusually silent and edgy. There’s a lot yet to be uncovered — so the evidence released or obtained thus far, as well as the behavior of potential sources as well as the that of the Boring Broadsheet, convinces us. There are people who have information: BYPs who were at the Dec. 8 party at Allium’s, those in the Pittsfield court house, people who live on Winesap, McIntosh, and East streets, in the neighborhood of Peter Moore and Meredith Nilan, and the like.

A couple days ago, we published this appeal:

THE PLANET sends out a blanket appeal to anyone who can provide information on Meredith Nilan’s behavior on the day or night of the accident or anytime thereafter. They can e-mail information in complete confidence to danvalenti@verizon.net. Please leave an operable return address for us. Thanks.

We have had a couple of responses, highly informative ones at that. We shall hold on to them for a tad longer, as we triangulate what we have received with other snippets of information. WE reiterate our call. We The People no know they have a place that listens to them, that wants to hear THE TRUTH, and that shall not shy away from THE TRUTH.

The old days are gone. In years prior, the GOB would rest easy. They had the local daily newspapers in their pocket, and they know that none of the other mainstream media would peep. There’s a new way of playing the game now, one that’s being pioneered in journalism by websites such as this.

You have a landing zone for what you know, people. You have a window into the TRUTH. You have THE PLANET.

TEll us what you know. The information, we think, will be revealing.

Stay tuned.

MEANWHILE, NOT A WORD OF THIS  CASE ON THE LETTERS TO THE EDITOR PAGE OF THE BORING BROADSHEET. ISN’T THAT MIRACULOUS?

NOT A SINGLE, SOLITARY LETTER HAS BEEN SENT IN TO THE BB. EITHER THAT, OR THEY HAVE RECEIVED LOTS OF LETTERS BUT HAVE BEEN TOLD NOT TO PUBLISH THEM.

ALSO NOT MUCH IF ANY FOLLOW-UP COVERAGE. COINCIDENCE?

And they wonder why their subscriptions are plummeting and why people just don’t care about that rag any longer. Sad, to witness the death throes of a once mighty example of journalism known as the Berkshire Eagle. As a passionate believe in the role of a free press in a just society, we do not take any pleasure in this situation. In the end, the press is people. People — reporters, editors, publishers, photographers — must make moral decisions. Will they be bought out? Will they sell out? Will they, out of fear, be silence? People will choose for themselves. As for this journalist, we always have, we are now, and we always will do it OUR WAY, and make moral choices that will allow us to look in the mirror each night and see, reflected back through the eyes, peace of mind, heart, soul, and conscience.

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AT THIS POINT THE PLANET MUST MOVE ON … PLEASE KEEP CHECKING BACK BECAUSE, EVEN AS WE WRITE, THERE ARE DEVELOPMENTS TO SHARE. THERE ARE ALSO LOTS OF PHONE CALLS AND CONTACTS FOR WHICH WE ARE STILL WAITING … THUS …

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

63 Responses to “THE PLANET WRITES TO OUR STATE REPS FOR THEIR THOUGHTS ON THE NILAN-MOORE HIT-and-RUN CASE … plus … WORD BEGINS TO TRICKLE IN ON THE PLANET’S APPEAL FOR INFORMATION BY THOSE WHO MIGHT ‘KNOW SOMETHING’ … INTRIGUE GROWS AS SUSPICION ON VERDICT MOUNTS … FOLKS, THIS CASE ISN’T GOING AWAY”

  1. Ray Ovac
    January 26, 2012 at 9:16 am #

    DV, sure wish you’d phone Publisher Andy Mick over yonder at the Eagle and ask GOB Andy just why the Eagle isn’t publishing letters to the editor about the Nilan-Moore matter? Looking forward to knowing how Andy, who we all know is ‘a great guy’, replied.

  2. Concern
    January 26, 2012 at 10:09 am #

    Again I asked where is Mr. Moore’s lawyer screaming for answers. DV and others have been asking all kinds of questions, but not a toot from the lawyer. Big question “WHY”. I done want to hear he can’t comment on this, lawyers for defendants all over the USA go public for their clients all the time.

    • Bull Durham
      January 26, 2012 at 10:56 am #

      You say, “lawyers for defendants all over the USA go public for their clients all the time.” Mr. Moore is not a defendant, he’s the VICTIM. Ms. Nilan, if she ever goes before a court, will be the defendant. And her lawyer has already spoken volumes, hasn’t he? If you were Mr. Moore’s attorney, you would say nothing until and unless you file a civil action. And if this case ever does get to a criminal court, which it should, Mr. Moore’s “interests” will be represented not by his attorney but by the assistant DA who tries the case.

      • CONCERNED
        January 26, 2012 at 9:44 pm #

        Sorry Bill I met Victim !!! Thanks for pointing that out I disagree however I believe Mr. Moore lawyer should be asking questions in public since there appears to be a cover up.

  3. Ron Kitterman
    January 26, 2012 at 10:45 am #

    @ Concerned: If I was Mr Moore’s lawyer I wouldn’t be screaming for ansewers just yet, but clearly taking notes of the comments from the Planet. Good clip Dan, Ms Nilan’s version has more holes than my swiss cheese snack I had for lunch.

  4. Ed Shepardson
    January 26, 2012 at 10:54 am #

    Could the lack of letters in the Eagle about this case be the result of the Eagle’s long standing policy, and the policy of most reputable news organizations, not to publish letters from writers using phony names?

    • Bull Durham
      January 26, 2012 at 11:27 am #

      The Eagle has a system in place to weed out those using phony names for letters to the editor. They demand a full name, address and phone number of each letter writer, and if the letter is of a contentious nature, they do call the author to confirm they are who they say they are. If they don’t get a hold of them, they don’t publish it. I am sure that they have received more than a handful of letters from people using their real names.

      • Ed Shepardson
        January 26, 2012 at 11:50 am #

        Perhaps they fear retribution maybe as you all do here. Or is there another reason why you don’t use your real name?

  5. Joetaxpayer
    January 26, 2012 at 11:07 am #

    @Ed, Don’t you mean not to publish anything they feel might not be in line with there views.Do you really think that everyone who wrote a letter concerning this hit & run did not use there real names.I doubt it.

    • Ed Shepardson
      January 26, 2012 at 11:21 am #

      This was the first graph of an editorial that ran in the Eagle on Jan.20. What would be their (the Eagle’s) view?

      The December car accident involving the daughter of the county’s top probation officer and events following that accident raised a number of questions that were not answered by a recent evidentiary hearing. The hearing itself, in fact, raised more questions, largely about the secrecy of such hearings and the fairness of our laws as they apply to all citizens.

  6. Richard
    January 26, 2012 at 11:18 am #

    Dan I would think you will probably get some kind of answer from the state rep but I will be very surprise it they get into it any father than that. But let me say that if the person that is responsible for this hit and run gets away with this then it is another case for the haves and have nots.

  7. Ron Kitterman
    January 26, 2012 at 12:20 pm #

    My money is our State Reps will be working in the field and not respond….

    • Molly
      January 26, 2012 at 5:14 pm #

      My bet is that they WILL respond, but with the same political “gobbly goop” that they usually respond with, that when looked at again, they actually said NADA.

  8. dusty
    January 26, 2012 at 12:34 pm #

    Did i have it wrong? Is not Tricia an honored member of the GOB perhaps with extra bars on her lapels for duty over and beyond? Lot’s of luck with justice from this girl. My guess is the best you will get is the usual double speak circular jibber jabber and you will be left saying wtf at the end of conversign with her.

  9. Jeff
    January 26, 2012 at 12:47 pm #

    Wrong date on the closing of your letter : There may be more questions to follow, but for now, let these suffice. My deadline is by 11 a.m. tomorrow (Friday, Jan. 12, 2012).
    Why not send a letter to Coakly?

    • Molly
      January 26, 2012 at 5:16 pm #

      Yes, I agree – Coakly really needs to be contacted on this and run a full-blown investigation, in concert with the Feds.

    • danvalenti
      January 27, 2012 at 7:49 am #

      Thanks for the correction, Jeff.

  10. Dave
    January 26, 2012 at 1:14 pm #

    If there is inaction on the part of the State Representatives, it will strengthen our resolve to vote them out come election time.

    Enough is enough!!

  11. ambrose
    January 26, 2012 at 1:20 pm #

    Interestingly not one person has called the Sturgeon show regarding this matter – BB & BS must pee in the same pot

    • dusty
      January 26, 2012 at 2:09 pm #

      possibly, if he allows the subject to hit the air certain advertisers will bail on the station. And that would not be a good thing for his lot in life either

    • Molly
      January 26, 2012 at 5:20 pm #

      I thought he didn’t ALLOW any discussion on this when Dan was last on the show? Which is odd to say the least. What is he – another GOB or as someone just said, worried about advertisers not buying any. I think that this is SO wide-spread that if he DOESN’T allow discussion on it, THEN no one will buy advertising nor listen to the show! Just look at the BB and what their readership is now…

      • acheshirecat
        January 26, 2012 at 6:48 pm #

        I would think given Mr Sturgeons’ background he would want to at least have a comment on this case. In his defense he has said in the past that he just wants a light show focusing more on the arts and different charitable organizations in the county and our youth. I think he stays pretty true to that.

        • ambrose
          January 26, 2012 at 10:12 pm #

          yet he himself rants and rages about bruce collingwood -vilifies newt gingrich and a former city assesor and actions of the school committee – there has to be another reason

          • Molly
            January 26, 2012 at 11:06 pm #

            Fear? Threats? GOB ties? Something else?

        • four in one
          January 27, 2012 at 7:07 am #

          It is expected that the BB would not print letters on this case ( totally bought by the GOB) Bill Sturegon though surprises me. Thought he had more “oomph” than that not afraid to take up a topic like this. Neither WBRK or WUPE have been covering because they have no news reporters out there covering stuff. What other media is there, thats . probably why the Planet is catching fire. Thanks Dan for all you’re doing.

      • Joe Pinhead
        January 27, 2012 at 7:01 am #

        The whole advertising thing is comical at best. I stopped taking the bb a long time ago and went a step further, I went to the business’s that advertised in the bb and told them that I could no longer support them as both a consumer and a citizen of the community as long as they felt the need to support the bb.
        While subscriptions are important to them the ad revenue is critical, without it they can’t exist. If enough people follow suit they will either change and become a fair and meaningful part of the community or disappear and something or someone will fill the void. You condone and reinforce the cycle every time you spend or do business with those that do business with the bb.

  12. Steve Wade
    January 26, 2012 at 2:28 pm #

    What Jon you forgot mentionyour good friend Andrea Nuciforo? Your slipping Jon.

  13. Dee
    January 26, 2012 at 4:04 pm #

    I’m curious what is happening with the appeal from the Pittsfield Police Dept. They also were not pleased with the results of this case being dropped.

    Perhaps someone could let us know if they have been successful, or if that too has gone by the wayside.

    • Molly
      January 26, 2012 at 7:40 pm #

      I keep asking that question, too. It’s been since Jan. 12th…

  14. charley
    January 26, 2012 at 4:50 pm #

    Opinions and discussion are generally a good thing, but the paper may not be publishing letters because they are defamatory. This means the paper can be held accountable for libel for running them. Bloggers and commenters can be held responsible too so everyone ought to watch for the reckless disregard for the truth.

    • Molly
      January 26, 2012 at 5:27 pm #

      Ahhhh – My opinion of this is that it is a threat from the DA’s office, on freedom of speech! We are offering our OPINIONS, and not stating a single thing as fact that hasn’t already been reported as fact on the Berkshire Eagle quoting from the police department. Dan – and you’re wondering why the BYP people don’t want to open their mouth? WE were just told to keep our mouths shut! We’re not – and we are NOT stopping with the pressure for justice!

      I guess no truce…

      • Molly
        January 26, 2012 at 8:03 pm #

        You know, the more I think about this “threat” (I take it as a threat!), the more ticked off I am. How DARE you threaten the good, law abiding citizens of this city who are voicing their opinions about being OUTRAGED at the corruption in this city? We are protected by “FREEDOM OF SPEECH”, a FIRST AMENDMENT right!!!! How dare you? The DA’s office has just sunk to an all-time low!!!! Enjoy your paycheck on our backs for the next 3 years as here’s my prediction – there is NO WAY that Capeless will get reelected!

        Have no fear, people — you do have a Constitutional Right to voice your opinion!!!

        • Steve Wade
          January 27, 2012 at 6:21 am #

          Molly your going off being irrational again. PS Molly are you really Heller being a women?

          • Dave
            January 27, 2012 at 8:33 am #

            Who is Steve Wade?

          • Molly
            January 27, 2012 at 9:40 am #

            Irrational on what? We DO have a First Amendment Right (not a 2nd amendment or 3rd amendment – a 1st amendment) Constitutional Right to voice our opinion!!! I see nothing irrational with that! And although I take the Heller reference as a compliment, I can’t even come close to how good Heller is! You guys seem to hold a lot of jealousy for other men – why is that?

    • The Mighty Led Zeppelin
      January 26, 2012 at 5:27 pm #

      @charley: Where has there been any reckless disregard for the truth in anything said here?

      • danvalenti
        January 27, 2012 at 7:44 am #

        LED ZEP
        The answer to your question is: “Nowhere.” There has been no “reckless disregard” for the truth. Simple as that.

    • Scott
      January 26, 2012 at 6:26 pm #

      They can’t do shit people are just talking and giving their opinion based on facts provided by numerous sources. I left the scene of an accident once though I hurt my best friend real bad until he got up and said “let’s get the heck out of here!” Fortunately the only thing that got hurt in that wreck was my wallet and I learned a valuable lesson. There’s only one reason why I left I’ll leave that up to you tp speculate just as Meredith has done.

      • Molly
        January 26, 2012 at 10:59 pm #

        I noticed that Pittsfield.com and iBerkshire.com have taken down any and all stories related to the Peter Moore/Meredith Nilan case. They have readily available, all stories dating back 2 years ago (last one is Jan. 17, 2010). And the Berkshire Eagle has deleted the first story they printed on this case. Why would this be? Could it be possible that someone is putting pressure on our DA and the DA is listening?? I wonder…

        • dusty
          January 27, 2012 at 1:48 am #

          That is very interesting. Then I would think there must be intense pressure on DV to delete his blog as well. Sounds like they are not backing off from a full dismissal which may be why nothing has been heard on the appeal yet. I am sure they want to cross all the tees and do the i’s.

          I have great admiration for Dan for taking on this crusade.

        • GMHeller
          January 27, 2012 at 8:43 pm #

          Molly:
          Given The Berkshire Eagle, deletion of these articles was to be expected. In anticipation of this likelihood, the tow main Eagle articles published so far about the Nilan hit-and-run (Jan. 11 & 18) are preserved and reproduced at Berkshire Blog.

          • Molly
            January 27, 2012 at 10:09 pm #

            :-) Good job!

          • danvalenti
            January 28, 2012 at 11:37 am #

            GLEN
            Thanks for this service.

    • Joe Pinhead
      January 27, 2012 at 5:48 am #

      Charley,
      While Bloggers , newspapers, radio talk show hosts etc. should post and present responsible comments- the likely chance of a libel or defamation suit is about nil. First the comments posted here in my humble opinion are well within the bounds of responsible for the discussion. Secondly do you really think that Cliffy would ever bring this to a court? Please the entire affair could be discussed and presented by a competent Attorney to a jury and ; well my guess is that a case could be made and proven that solidifies the positions and statements posted on this site. Just think of the discovery process and the BYP’s who would most certainly be dragged in to testify etc. Mr. Moore the victim I am certain would give some compelling testimony regarding how the last thing he saw was the red tail lights of the car as it sped off leaving him for dead. Or would it be that for a moment he thought to himself im going to make it I see red lights in the distance then he realized it was Mz Nilan pulling away not an ambulance nearing him. Something tells me Cliffy and his caring compassionate daughter don’t want to go there. Just how many defamation suits has Berkshire County seen? I slept well last night and will again tonight after posting.
      One does wonder though if Mz. Nilans Attorney plans on running for DA again and if he will this time be supported by the GOBS? Or has he shot himself in the foot with “We the People”.
      :-)

    • danvalenti
      January 27, 2012 at 7:48 am #

      CHARLEY
      Thanks you for these thoughts. When you say “the paper may not be publishing letters …” the operable word is “may.” That is the same thing as saying “they may not be publishing letters because they are trying to spike the story.” We don’t have access to the letters the newspaper receives. We only can judge the comments we receive here. THE PLANET allows for the fullest expression of everyone’s first amendment rights to free speech. When we feel there anything that goes overboard, we delete them, when they first come in, or, if they get published, delete them as soon as we become aware.

  15. Unchy
    January 26, 2012 at 5:44 pm #

    The only reckless disregard is SOMEONE leaving Mr.Moore to die.

  16. Joe blow
    January 26, 2012 at 6:55 pm #

    What does our new mayor think about this?

  17. Hearse Driver
    January 26, 2012 at 7:15 pm #

    how come no one is talking about the accident where Mr. Benlien’s wife jumped out of the car and was killed. He left the scene and got charged with OIU and leaving the scene. The eagle and reported after this accident that nMr Benlien and his wife had an argument at a local bar about his doing cocaine. and he;s a 2nd time drunk driver. They should strip him for life of his driver;s license. in this case someone was killed and he gets OUI and leaving the scene, Plus he has Mr Cohen for a lawyer, any bets on what the sentence will be?

    • Dee
      January 26, 2012 at 7:52 pm #

      No one is talking about it because it would be like comparing watermelons to cherries. Meredith Nilan crossed the center line and mowed down a pedestrian. His only ‘fault’ was being on the road at a time she chose to drive recklessly.

      In the case of Benlien, his wife chose to step out of a moving vehicle. He still has to face the charges of OUI, so he is not getting off scot-free. She died and he has to live with this. And, I am sure that the remorse he feels will haunt him to his grave.

      Can the same be said about Ms. Nilan? I don’t think so. By all appearances she has removed herself from this and feels no responsibility. Unfortunately her famliy never taught her that actions have consequences and the court has backed it up.

    • Molly
      January 26, 2012 at 7:54 pm #

      The case was brought before a Grand Jury (felony charges) – there was no Assistant Magistrate ringer brought in from Westfield. And apparently, our DA’s office was not able to convince the Grand Jury of his guilt on the “leaving the scene of an accident involving a death”. However, we also don’t know ANY details of the case other than she opened the door of the car and ‘walked out’ – it was originally stated that she had been drinking, too (as was their daughter). So was she drunk and thinking that he was going slow enough, or stopped, for her to ‘step out of the car’? As I said, apparently, the Grand Jury thought that the DA didn’t prove the case. He WAS indicted for the OUI.

    • Scott
      January 26, 2012 at 9:40 pm #

      Well he was driving an Infinity what do you think?

  18. Irvin Corey
    January 26, 2012 at 9:27 pm #

    I hear that the Cliffer bought Meridith a Ford Escape

    • Molly
      January 27, 2012 at 9:18 am #

      And did he also register and insure it in his name???? That’s the question that needs to be answered!

  19. CONCERNED
    January 26, 2012 at 10:08 pm #

    DEE What I heard is the Police have not heard a word on the appeal yet.

    Where has Speranzo been, been told he not been around the court. Don’t we pay his wages?? Also hear there is much trouble over there.

    Remember that saying ” a DA could indict a ham sandwich” Mr. Capeless is 0 for 2 lately, a murder, and a leaving the scene. The leaving the scene I can get, but the murder, oh no. He didn’t want the indictment for some reason. Molly you are right time for a new DA.

    Let not forget, did Cliffy obstruct justice, and whats happening with that investigation????

    Lets keep digging on the idiot from Westfield (clerk) There is some connection with him to this case.

    • levitan
      January 27, 2012 at 6:57 am #

      To be fair to the DA, it is possible he saw no way to convince a clerk mag. who is in someone’s pocket. If he predicted the dismissal, he would be expected to focus his attention on the appeal.

      If I were Capeless, my strongest argument would be reserved for the appeals judge.

      • Molly
        January 27, 2012 at 9:23 am #

        He doesn’t get to state a thing to the appeal’s judge – the police did so, the same day. Once the judge ok’s the appeal, THEN Capeless would be given the case. So considering that we’ve heard nada, my guess is that the appeal was won and of course, we can’t hear a single thing from the DA’s office, other than blatant scare tactics and put-downs from his press person. So people, don’t hold your breath waiting!

  20. Molly
    January 26, 2012 at 11:14 pm #

    Dan – a question that I would like to see asked of our State Legislators is will they draft and submit legislation to change the “hit and run” laws so that if you leave the scene of an accident that has resulted in serious injury to a person, that is a felony. There really is no way that this should be classified as a misdemeanor unless there’s also proof of an OUI. Driving to endanger should be more than enough!

    Can I get some backing/support on this from others to add to the “public opinion”?

    • Joe Pinhead
      January 27, 2012 at 7:24 am #

      Just asking a few questions here and wondering out loud. First I hope Mr. Moore has a speedy recovery and I wish him and his family the best.
      1. Will Mr. Moore, or his family be able to use or access any of the services from the state victim fund? http://mova.state.ma.us/
      2. Has the County Victim advocate contacted Mr. Moore or his family?
      3. Is it unreasonable to think that Mr. Nilan has both the knowledge of and the resources to get these advocates into contact with Mr. Moore? Or does his knowledge of the system stop at magistrates?
      4. IF he is able to use these services than he is a victim does it then a reasonable conclusion that a crime did in fact occur?

      I am aware of asking these type questions puts one in an unfavorable light but I suspect they are fair and I would hope the elected and appointed reps in Berkshire County can give us an answer or two. And in conjunction with another post I agree if the law does not let victims of hit and run driver access funds and services of the Commonwealth then the law needs to be changed and Which Rep is willing to start the ball rolling on that one
      just sayin

  21. Tito
    January 27, 2012 at 4:35 am #

    The facts..victim is mowed down..hole in windshield..dent on hood…..fast impact…speeding..driving on the wrong side of the road.. Left scene on impact…did not call police until much later…

    • smh
      January 28, 2012 at 9:20 am #

      Also, seem to recall the front grille was missing in the photo previously posted at this site. No way to know if it was left laying on the ground near the scene, was later removed by the owner, or by someone else. But seems the nearly vertical angle of the front of this car makes it hard to understand the apparent speculation right after impact that this could have involved a “dog”, since this damage could only have resulted from hitting an object with a much higher center of gravity.

      • danvalenti
        January 28, 2012 at 11:28 am #

        Agree. If you analyze the damage to the car (front grilled missing, foreground of front hood dented, head-shaped hole in front windshield near driver’s side) it’s hard to imagine a dog or even deer causing this. If someone reports this, the reasonable assumption identifies only a few possibilities: (1) She was impaired by alcohol or drugs; (2) she fell asleep at the wheel; (3) She wasn’t paying attention (texting? Using cell phone?), (4) she’s in shock and blanked out; or (5) she’s lying. A reasonable person, looking at the photos, would find evidence enough to send this to trial. Did magistrate Nathan Bynres even see photos? We have no evidence that he did.

  22. Heather
    January 27, 2012 at 4:57 pm #

    As a cousin of Peter’s in Atlanta, I would just like to say thanks to all who wish to see justice served correctly and to all those that are trying to make that happen.

    This is far more reaching than just the Berkshires and I am certainly telling everyone I know about what happened here.

  23. 2012 Euro Football Cup
    January 27, 2012 at 6:18 pm #

    John Calhoun: “Irresponsible power is inconsistent with liberty, and must corrupt those who exercise it.”