Article

!!EXCLUSIVE!! HELLER REPORT: JUDGE OVERTURNS MAGISTRATE DECISION IN NILAN-MOORE CASE, UPHOLDS PPD APPEAL … CRIMINAL CHARGES TO BE WEIGHED AGAIN FOR RE-INSTITUTION … MORE DETAILS LATER!!

By DAN VALENTI

PLANET VALENTI News and Commentary

(FORTRESS OF SOLITUDE, MONDAY, FEB. 13, 2012) — BULLETIN! JUDGE HADLEY RULES IN NILAN-MOORE. SEE BELOW.

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It having been a weekend of no small energy expenditure, we shall ease our way back into the saddle with THE PLANET. Productive but tiring might be one way to characterize our Friday through Sunday — the type of span with which we could say, as Dorothy Parker said of writing, we hated having to do it but we loved having done it. We’ve in the “loved having done it” mode.

We got word from THE STOOLEY over in Springfield that Judge Hadley had made a determination in the Nilan-Moore Case. Appellate Judge William P. Hadley, bounding between his home Greenfield and the Springfield courts like a man on a pogo stick, is handling the Pittsfield Police Department‘s appeal of the ruling of magistrate Nathan Byrnes that criminal charges should not go to trial for insufficient evidence.

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WE INTERRUPT THIS COLUMN TO BRING YOU THIS NEWS SCOOP!

THE PLANET presents this report from Glen Heller. We have not independently confirmed the information. This story is also posted at berkshireeagle.blogspot.com.

Byrnes’ Decision in Nilan Show-Cause Reversed: Allows Redetermination of Application for Criminal Complaint

New Hearing to be Scheduled
by G.M. Heller / Special to PLANET VALENTI News and Commentary

Springfield, Mass. —- Massachusetts Associate Justice William P. Hadley ruled Friday that he will allow the motion by Pittsfield Police for redetermination of the application for criminal complaint against Meredith Nilan in the matter of a hit-run accident in which jogger Peter Moore was severely injured December 8, 2011. The Justice’s ruling overturns a decision made in January by Asst. Clerk-Magistrate Nathan A. Byrnes.

The Berkshire Eagle misreported this past Saturday in an article headlined ‘No ruling yet on Nilan crash appeal’ written by reporter Andrew Amelinckx that: “A Springfield judge has yet to make a ruling on the appeal of an alleged hit-and-run case involving the 24-year-old daughter of Berkshire Superior Court’s chief of probation.” The Eagle went on to misreport that: “A decision was expected this week, but did not occur.”

In fact, Justice Hadley issued his ruling Friday at which time it was mailed to the Criminal Clerk at Pittsfield District Court for dissemination to the parties.

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Once Again, the BB Blows It 

The information reported in Heller’s story shows how cyberspace is in the process of well destroying its big brother, print. The two website, Heller’s blogspot and THE PLANET, were able to create an instant network to get this information to people first and best.

It left the Boring Broadsheet not only with the inaccurate Andrew Amelinckx story, claiming that Hadley has not made a decision but also leaves them with the improbably fluffy Monday product.

As to the first point, one has to wonder if the BB reporter was the patsy, left holding the bag after the GOB decided to assume editorial control of this story. How else could a reporter get such a key aspect to an important story so wrong? We feel sorry for our brethren, AA, but also stop at the point where people make their own choices of employment and must assume responsibility to their choices.

As for the second point, while we are sharing the latest news on Nilan-Moore, the BB:

* Runs a page-one, above-the-fold story on the BCC dog show

* Wastes almost all the rest of page one on an over-the-top Whitney Houston faddle, including the Sacred Local Angle.

* Features on page one of the B section Ruth Bass‘ yawner on women’s underwear or some such

* Tells us of ____________________________ (fill in the blank from among the other irrelevancies contained in today’s fish wrap.

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As We Were Saying 

Returning to our initial post from this morning, prior to the catch-plate to Nilan-Moore.

Our word came from a plant and not from official court sources. The plant is a human being, not a rhododendron. Our correspondent, a member in good standing of THE PLANET’s Secret Squadron who has proven reliable and accurate in the past and is one of our media brethren (of the mainstream variety), said the courts were not saying what the verdict was, pending notification of the parties involved. Sounded like a sudden death, where authorities withhold releasing the names of victims pending notification of next of kin.

Our man didn’t know how to read this, except to say that such notification could be considered unusual. Did it indicate up or down, pro or con, on the PPD appeal? Not enough info to warrant a reasonable hypothesis, our man said.

True to Our Word: We Said We Would Tell You as Soon as We Heard, and We Did

We will not ourselves try to find out what the verdict is, but if a local informant should drop a dime, we shall provide you with the update as soon as we hear. [ONE DID DROP A DIME, AND WE DID LET YOU KNOW]. We were told, unofficially and not for attribution, that Judge Hadley’s ruling went to clerk magistrate Chris “No Show” Speranzo, whose office shall handle notification “in an appropriate manner.” THE PLANET will consider it a badge of honor if we aren’t the first media call that No Show makes. We don’t believe he will handle these duties himself, if in fact they are his to handle. If so, he will dish off, since the case is politically radioactive.

THE PLANET, let’s reiterate from periodic postings of days gone by, exists primarily as the catalyst to public discussion of relevant issues that otherwise would be short changed or completely buried by the corrupt partnership that exists, generally, between the local power structure (known collectively as the GOBs) and the mainstream media (known primarily as the Boring Broadsheet; local radio news and investigative reporting do not exist and local talk shows basically have been defanged).

We exist to provide that platform for the exchange of information, ideas, facts, and opinions. Breaking news or scooping our toothless competition is not our prime concern, though, given the state of the competition, that has happened with startling regularity since we initiated this series of webcasts and the end of September 2010. [AS IT HAPPENED AGAIN TODAY!]

Scoop Though We May Do, It’s Not Our Main Interest

Here’s why we don’t try to scoop the news: Been there, done that.

Our professional career in journalism — which ran parallel for the most part to our more lucrative careers as an author [18 books] and free-lance writer — began in 1975. We piled up awards. We broke stories. Perhaps two of our most well-known scoops were the capture of Son of Sam killer David Berkowitz by the NYC police in the long, hot summer of 1977, when we toiled in New York, and our work first getting word of the Three Mile Island nuclear meltdown in 1979, when we were on assignment in Pennsylvania. We broke many other stories of lesser or no impact nationally but were significant locally.

Over focus shifted over the years as our interests, and the technology, changed. We went from print to broadcast to cyber journalism, with lots of overlap.

To bring it back home, we write this blog not to break news but to promulgate news that matters, that would otherwise be sugar-coated or buried, and to encourage debate, discussion, and deliberation of stories that make a difference to a community. The Nilan-Moore Case is Exhibit A for why THE PLANET bothers with this website.

We are not making a dime off of PLANET VALENTI, deliberately so. We will stay clear of advertising and we will resist attempts at buy-out. We are not for sale in any sense, literally or figuratively. We, alone, remain the source for information that is UNBOSSED and UNBOUGHT.

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FROM A QUIET MORNING HAS EMERGED A RATHER NEWSWORTHY AFTERNOON. ON THOSE WHO WATCH AND THOSE WHO MUST RULE THEIR COURSE, THE TIMES DO CAST STRANGE SHADOWS … EXCEPT FOR THE PLANET, WHERE SUNSHINE FOREVER PENETRATES …

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

MORE LATER.

103 Responses to “!!EXCLUSIVE!! HELLER REPORT: JUDGE OVERTURNS MAGISTRATE DECISION IN NILAN-MOORE CASE, UPHOLDS PPD APPEAL … CRIMINAL CHARGES TO BE WEIGHED AGAIN FOR RE-INSTITUTION … MORE DETAILS LATER!!”

  1. rick
    February 13, 2012 at 10:14 am #

    i feel a slap on the back should be giving to the police dept. for appealing the magistrate’s decision, with all the evidence you knew this was going to be the decision of the judge… good work pittsfield p.d….. now i think it was pretty well telegraphed to all that a cover up was taking place and now the westfield magistrate is involved… i wonder if heads will roll??? … our police dept, are solid professionals and had the situation well under control. unfortunately cases like this need to run its course. the police investigators did a great job.proving their suspicions of that night and we’re not going to allow any cover ups…

  2. danvalenti
    February 13, 2012 at 10:36 am #

    RICK
    THE PLANET all along has been lock-step with the PPD’s appeal. They were right to appeal, quick to do so, and forthright in their reasoning to do so. We heard through police sources that the PPD investigation was as you say. Remember, also, that Peter Moore’s father, Tom, is a retired captain of the Hartford Police Dept., well respected there as an exemplary man and leader. There’s probably a lot of fraternalism with Capt. Moore and PPD. It’s like being in the Marines. One a Leatherneck always a Leatherneck.

    • rick
      February 13, 2012 at 11:06 am #

      i agree dan, the pressure that gets put on issues from this site is huge and tends to keep people honest.. it is beyond me how with the photos you had on this site, that anyone in their right mind would leave the scene knowing that those damages weren’t done by any animal. i just wonder if mr. moore was impaled into the car if she would have driven home with him sticking out of his windshield!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  3. Richard
    February 13, 2012 at 10:43 am #

    I hope justices is finely served in this case but there are more cases where it is not served which are not in the news because they are not seen as importen enough to be put in print but are impotent to the people who are effected by it.Keep up the good work you do Dan by keeping us informed.

  4. JUST SAYING
    February 13, 2012 at 11:09 am #

    @SW-

    If not for this site, do you think the Eagle would have had anything to say on this matter?
    Doubtful. It would have been buried.

    Perhaps Mr. Moore can get justice thanks to PPD pushing this issue, and to DV for giving the story priority on The Planet.

    • Hilly Billy 2 in Ward 4
      February 13, 2012 at 12:04 pm #

      moving the discusion forward is your tagline right Steve?

      • Steve wade
        February 13, 2012 at 12:47 pm #

        [REDACTED]

    • ambrose
      February 13, 2012 at 4:31 pm #

      there was a case about seven years ago when3 teenagers were tossing eggs at cars and hit a mototrcycle rider in in the eye-he lost his eye. i assume he was well compensated for that loss. what the hell – you can get by with one eye – it made front page head lines at the bb and then was never heard of again – dan had his radio show at the time and never let it be brought up – he was satisfied that it was handled correctly – it was resolved (buried) in the salem distirct court – i assume dan was under the same orders as stuge is now – bring it up and your show is gone

      • Steve wade
        February 13, 2012 at 7:44 pm #

        No no Dan is the voice of reason Do you dought him? If you go against him you suffer the raff of Valenti

        • danvalenti
          February 13, 2012 at 8:13 pm #

          “Dought” … “raff”? Of which local school district are you the product?

  5. Scott
    February 13, 2012 at 11:10 am #

    I see the Eagle put up the photo’s of the car now too. They only care about playing it safe not bringing the news.

  6. Hilly Billy 2 in Ward 4
    February 13, 2012 at 11:13 am #

    Off Topic as usual pest site Wade

    • Steve wade
      February 13, 2012 at 11:38 am #

      Ok Hilly I give. Whats off topic?

      • Hilly Billy 2 in Ward 4
        February 13, 2012 at 11:42 am #

        your posts Stevie

        • Steve wade
          February 13, 2012 at 11:52 am #

          HB2IW4 So sorry you don’t like my post. Im not a big fan of yours.

  7. Joetaxpayer
    February 13, 2012 at 11:16 am #

    @ SW Heller had it posted at 9;30 am so the eagle was late to the party.It as at the bottom of yesterdays posts.

  8. GMHeller
    February 13, 2012 at 11:45 am #

    SW, as though The Berkshire Eagle would even have published this story today without first having been scooped by it appearing first on PlanetValenti,Topix, and of course on Berkshire Blog.
    And as though the Pittsfield District Court would even have issued this decision today had it not already appeared online in the above venues.
    It’s taken The Eagle weeks to publish police photographs PlanetValenti obtained and published WEEKS ago!

  9. rick
    February 13, 2012 at 11:51 am #

    if anything the berk.eagle has shone its irrelevancy as a community news bureau, its always late with news, they dont investigate, it seems that they dont want to sell news papers. its kind of ironic that they even call themselves a news organization…. this issue with the hit and run is news just the way its been handled, and if dug into with an investigative reporter can unravel a conspiracy to cover up and protect . the civil case will heal some wounds and prove guilt, but the scar left on our community and the insult that some have towards our system to try and rig the outcome of this is nuts.

  10. Nancy P. aka Molly
    February 13, 2012 at 12:28 pm #

    Good job, Heller!!!! Way to go – and yes, it was very important that you did so because otherwise, look at would have happened: The BB had already published an article telling us that “although a decision was expected this week, that didn’t happen”. THAT was their story, a blatant lie, and we wouldn’t have heard about the actual decision for weeks (as evidenced by how long it took them to originally report the story!). And when you tried to post in their comments that this wasn’t accurate, they wouldn’t let you post it! It doesn’t take much of a leap to see what the “good ‘ol BB” was up to yet AGAIN!!! I call on every single person in Pittsfield to NOT purchase the Berkshire Eagle — at least do it for a few weeks, to show them that we WILL NOT TOLERATE this behavior from our press!!!

    Thanks again, Heller!

    • Steve wade
      February 13, 2012 at 12:53 pm #

      [THIS MESSAGE IS REDACTED, AS WILL ALL OF THE POSTS FROM THE WRITER, UNTIL HE ADDS CONTENT WORTHY OF THIS SITE. WEBMASTER HAS BEEN INFORMED OF THIS. THE NEXT STEP WILL BE A BAN, WHICH THE PLANET DOES NOT WANT TO DO]

      • Hilly Billy 2 in Ward 4
        February 13, 2012 at 12:58 pm #

        Steve Wade=Hater…hey Steve since your the first to bash DV and now Heller, why don’t you start your own blog…”The Daily Wade” into the gutter that is…then you can comment and bash yourself since you have so much free time to bash others..and your readership will be all of 1…Yourself!

        • jimbo
          February 13, 2012 at 3:20 pm #

          @Hill Billy, “…The Daily Wade into the gutter that is”, “your readership will be all of 1…yourself!”. What are you 10? I’m not sure where your stengths lie but clearly comedy isn’t one of them. Stick to your tough guy shtick. It seems more authentic, seeing how you seem to struggle with grammer.

          • Nancy P. aka Molly
            February 13, 2012 at 3:45 pm #

            Jimbo — It’s spelled “schtick” not “shtick” and “grammar” not “grammer”. Just saying…

          • jimbo
            February 13, 2012 at 4:05 pm #

            Nancy, I’ll give you grammar (spelling isn’t my strength) but shtick can go either way. Look it up. Just sayiN…

          • Hilly Billy 2 in Ward 4
            February 14, 2012 at 6:13 am #

            uh ok Jimbo, if you say so

        • GMHeller
          February 13, 2012 at 9:55 pm #

          HB2iW4, would that not be more appropriately called “The Daily Doyle”?

          • Hilly Billy 2 in Ward 4
            February 14, 2012 at 6:09 am #

            Exactly GM

    • GMHeller
      February 13, 2012 at 1:04 pm #

      Molly/Nancy P.,
      Doesn’t Justice Hadley’s decision essentially now throw this matter into the collective laps of DA David Capeless’ crack team of assistant district attorneys?
      Remember that Capeless is the guy who still won’t reveal just what advice he gave to Clerk-Magistrate Nathan A. Byrnes prior to Byrnes closing his Show-Cause hearing to victim Peter Moore and his attorney.

      • Nancy P. aka Molly
        February 13, 2012 at 3:55 pm #

        Yes – this is now in the lap of DA David Capeless. And from what I read on the mass.gov website, he should have made it known to the Assistant Clerk Magistrate if he planned to prosecute this case or not… Yeah – Charlie has been awful quiet as of late! Since we have still not heard anything from him, my only hope for our DA lies with the fact that somehow he has obviously ticked off the GOB’s and thus the Berkshire Eagle as evidenced by the article they published about him… Time will tell! We should know a little on “leap year day” – February 29th, when we hear what charges are being brought against her and how she pleads. As I said earlier, there better not be any more shenanigans like a deferred prosecution or the like!

        • GMHeller
          February 13, 2012 at 4:11 pm #

          Molly/Nancy,
          You think that whichever judge hears this next is going to close the proceedings?
          Will the arraignment be public?

          • Nancy P. aka Molly
            February 13, 2012 at 4:35 pm #

            Who knows in Pittsfield! But I don’t see how they could really do that! Even the most “famous of cases” (i.e., Michael Jackson, Michael Jackson’s doctor, Casey Anthony) – they were not private and were opened to the general public. Since the judge will likely not be from the Pittsfield Court System, I do wonder if the arraignment and trial will be held in Springfield or some other town so that the judge doesn’t have to travel?? Or will they let a local judge handle the arraignment and then a non-local judge handle the trial (if there is one and she doesn’t make a deal)?

  11. K-Man
    February 13, 2012 at 12:40 pm #

    I wasn’t surprised, honestly. Given the evidence especially when Planet posted the photos I had confidence in the courts, especially when they sent the appeal out of county. Thank you to Heller and this website, great teaming up.

  12. Susan Moore
    February 13, 2012 at 12:59 pm #

    We couldn’t be MORE pleased with the judges decision!!! And with the work that the Pittsfield Police Department has done. Now I really wish I could be there on the 26th.

    • Nancy P. aka Molly
      February 13, 2012 at 1:26 pm #

      I am so pleased for Peter and his entire family — it took a while, much longer than it should have, but our criminal justice system finally came through!! And I expect that the DA will push forward with this to the fullest extent allowed, especially after all of the shenanigans thus far!! Right Charlie?

  13. Hilly Billy 2 in Ward 4
    February 13, 2012 at 1:09 pm #

    Pittsfield PD Report….http://www.scribd.com/doc/81494139/Police-Report

    • Joetaxpayer
      February 13, 2012 at 1:31 pm #

      Wow nice job Hilly Billy 2.She’s not a very good liar.

    • Hilly Billy 2 in Ward 4
      February 13, 2012 at 1:45 pm #

      How do you like them apples Wade my boy?

    • Hilly Billy 2 in Ward 4
      February 13, 2012 at 1:50 pm #

      This is the official Pittsfield Police Department’s accident report filed by Officer Marc Maddelan December 23, 2011..http://www.scribd.com/doc/81494139/Police-Report

      • danvalenti
        February 13, 2012 at 2:53 pm #

        HILLY
        Executed like a good member in standing of THE PLANET’s Secret Squadron. This may mean a promotion to Z-Agent status.

        • Hilly Billy 2 in Ward 4
          February 14, 2012 at 6:12 am #

          DV, I am not worthy…

      • Nancy P. aka Molly
        February 13, 2012 at 3:58 pm #

        Isn’t it amazing that after he put this link out on here, the BB put out an article that contained the actual police report. They aren’t publishing anything until someone else does! Truly amazing!

        • Jim
          February 13, 2012 at 4:20 pm #

          You realize it was the Berkshire eagle that went to court, pulled the report, then uploaded it to scribd in the first place, right? You’re linking to them then criticizing them. It’s like if the bb put up a YouTube video, Dan linked to it, then you chimed in and criticized the bb for not covering the story. I don’t get it.

          • Nancy P. aka Molly
            February 13, 2012 at 6:38 pm #

            Actually, no – I didn’t realize that. Why would the Berkshire Eagle post it there prior to posting it on their own website? If you are right, then I stand corrected and apologize. BUT, that doesn’t change the fact that the Eagle published a story on Friday night saying that there was no decision made – although one was expected this week, that did not occur… And it wasn’t until after it was published here, and on Berkshire Blog and Topix, did the Eagle finally publish the story. Are you telliing me that if no one else had the story that they would’ve published it? Just like they did originally? C’mon!

          • danvalenti
            February 13, 2012 at 8:14 pm #

            The BB posted it nowhere until they realized that this site had the goods already up. Don’t apologize, Nancy/Moll.

  14. Nancy P. aka Molly
    February 13, 2012 at 1:20 pm #

    There better not be any more shenanigans like a “deferred prosecution” or the like… Charlie – where are you???

    Isn’t it interesting that the BB has finally, now, published the photographs, even though they’ve had them for a very long time?

    Thank you also, PPD, for a job well done!

    Heller — see, I told you! You scooped them all!!! :-)

    • danvalenti
      February 13, 2012 at 2:56 pm #

      NANCY
      There’s no doubt that the BB, which has had to be dragged kicking and screaming into its meager coverage of Nilan-Moore, has been kowtowing to GOB wishes to first spike and then “manage” the story. The constant pressure this web site put on the story, for which, by the way, we took a lot of heat and mockery, has paid off its first fruits. We have had our correspondents on various aspect and angles, and, sometimes, it pays off. The case, though, is not ended. It’s only now just beginning.

      • Nancy P. aka Molly
        February 13, 2012 at 4:57 pm #

        Dan – yes, I agree, it is only now beginning, but at least it wasn’t ended by Judge Hadley’s decision!!! And if the DA does his job, and with a judge not from the Pittsfield District Court system, I’m hopeful that justice will be served.

  15. Hilly Billy 2 in Ward 4
    February 13, 2012 at 1:21 pm #

    Looks like they did call their attorney BEFORE they called police based on the report

  16. Scott
    February 13, 2012 at 1:56 pm #

    Looks to me the police have plenty of evidence to provide the DA with so they can get a guilty finding.

    • danvalenti
      February 13, 2012 at 2:39 pm #

      SCOTT AND OTHERS
      The ruling, as we understand it, means it will be reconsidered again. Even if it goes to trial, the presumption of our system is innocent until proven guilty. The courts should never go in “looking to find” one way or the other. We let the defense and the prosecution make their cases and a jury or judge renders a verdict.

      • Nancy P. aka Molly
        February 13, 2012 at 4:11 pm #

        No – it shouldn’t be reconsidered again! It has been ruled that there is enough evidence to pursue these charges, and on Feb. 29th, she will have to appear in court and the charges that the DA is going after should be read and she should state how she pleads – guilty or innocent. And it will go on from there. To me, she would only plead guilty if there is a deal made with the DA, though… like I said in other posts, the “delayed prosecution” where if she stays clean for a year, then all charges will be dropped… And at this point, after all they’ve done to hide this, I would NOT want to see something like that!

        I agree with Scott — and the DA should be fully pursuing a guilty finding! The “court” (meaning the judge and/or jury) should, of course, follow the innocent until proven guilty.

        • Scott
          February 14, 2012 at 5:04 am #

          Nice I’m going skiing on the 29th!

      • Scott
        February 13, 2012 at 4:39 pm #

        Duh it was just my opinion from reading the facts.

  17. Dee
    February 13, 2012 at 2:18 pm #

    @Steve and Hilly – Please, please stop. I feel like I’m standing on the playground listening to two children bickering back and forth – “no I didn’t” and “yes you did.” It is annoying from five year-olds but downright intolerable from supposed adults.

    • danvalenti
      February 13, 2012 at 2:37 pm #

      DEE
      Thanks. We needed a Mom to come in and lay down the law!

    • Scott
      February 13, 2012 at 4:39 pm #

      Steve started it.

      • Hilly Billy 2 in Ward 4
        February 14, 2012 at 6:15 am #

        lol

  18. CONCERNED
    February 13, 2012 at 2:31 pm #

    I might be wrong but I read this( unofficial) ruling by the Judge that it now goes back for another showcase hearing. If true GM Heller DA Capeless will still not be involved, unless a criminal complaint is issued.

    • Scott
      February 13, 2012 at 4:44 pm #

      No the judge found cause this goes to arraignment now.

  19. Dave
    February 13, 2012 at 2:48 pm #

    Steve Wade
    Please get help.

    • Steve wade
      February 13, 2012 at 8:04 pm #

      Dave I just see what the peanut gallery prints and then I just go with it.please tell me you don’t agree with everything that is said on Planet Valenti. All I say is that
      Most of the peanut gallery drinks Dans kool aide

      • danvalenti
        February 13, 2012 at 8:12 pm #

        Why would this ever be a concern of anyone’s? You seem bothered, Steve, with this fixed thought that everyone is drinking the PLANET KOOL-AID. If you post comments that add something, they will stay. If not, they will either be redacted or trashed. After that is banishment, again!

      • Dave
        February 14, 2012 at 6:22 am #

        Steve

        Of course I do not agree with everything on this blog.

        The things I do not agree with are comments by persons such as yourself.

        I do not agree with those that view Merideth Nilan as a victim.

        As for Dan Valenti, I find that his perspective is often very close to mine. Dan is someone I respect. You, I do not respect.

        What irks me are those such as yourself that never, ever have anything of substance to contribute. You sling negative comments like you believe you are correct in thier content. What is sad is that your perspective is twisted, mean spirited and hollow.

        Steve Wade GET SOME HELP!

  20. ONE PITTSFIELD
    February 13, 2012 at 3:07 pm #

    May we inject a note of responsibility and adulthood here. This website continues to do damage to Pittsfield and the community with its collection of rumors, gossip etc. Its nothing more than a scandal sheet. A simple case of accidental hit-and-run has now been whipped itnto a froth by a writer who cares not one bit for the city where he grew up. Without hte hysteria drummed up by this site, the PPD doesn’t appeal the case and it goes away, as it should, as an honest, innocent mistake. Now, a fine young woman has been victimized all over again.

    In fact, you want to know where Valenti was this weekend? Worrying about Pittsfield, no, he felw to Oklahoma City in Friday and got back late last night (on a charter executive jet). He stayed at the Colcord, a luxury-boutique hotel, highest of high end. He’s on the Romney campaign dollar. Note how Dan the Man opens todays blog, all but confirming. Why Oklahome City, big symbolic importance in upcoming primary (remember Tim McVeigh?). Its muckrakers like Valenti who have driven Pittsfield into the ground. Good people like the Nilans are not the “bad guys?” Not to those who stick together in tough times.

    • Joetaxpayer
      February 13, 2012 at 4:39 pm #

      One Pittsfield Read the police report,they (Nilians) are the one’s bringing Pittsfield down.Mr.Valenti can do whatever he wants, thats what makes this country the best.Although I would not be happy if he was writing for President Obama.

    • Scott
      February 13, 2012 at 4:43 pm #

      How do you accidentally leave the scene of an accident? You either do or don’t.

      • danvalenti
        February 13, 2012 at 5:31 pm #

        SCOTT
        Interesting point. A good, responsible driver stops the car, calls the police, and waits at the scene.

    • ambrose
      February 13, 2012 at 4:57 pm #

      you smear dan, you expect us to believe that dan would have anything to do with mitt romney, a man who destroyed more working class jobs than any other American. dan is for us, the little guy, the disenfranchised, mary and joe karpenski. Concerned, you sit there and try to make us believe that dan valenti would have anything to do with an empty suit like romney. your a sick guy concerned, we’re lucky to have dan sticking up for us against a guy like mitten,

      • Nancy P. aka Molly
        February 13, 2012 at 5:08 pm #

        ambrose — it was NOT “Concerned” who wrote that, it was (as usual) “Pittsfield Believer”. And, IF true (notice the capital IF), Dan has every right, as a person and as a businessman, to take on whatever job he wishes to. Also, Mitt Romney (although not my favorite but certainly a hell of a lot better than Obama!) did NOT destroy more working class jobs than any other American!! Take a look at Staples as just ONE example! He saved that company and brought them, and all of their jobs, back to life! This is America, a Capitalist society — Bain Capital purchases companies that are about to go out of business and tries to rescue them. Sometimes they can, and sometimes they can’t! And the problem with that is WHAT?

        • danvalenti
          February 13, 2012 at 5:29 pm #

          NANCY
          Staples is a great example. Bain Capital, like most venture capitalists, has success and failure. That is the nature of entrepreneurship.

        • Irvin Corey
          February 13, 2012 at 6:19 pm #

          good thoughts

      • danvalenti
        February 13, 2012 at 5:31 pm #

        AMBROSE
        Do I detect an ironic interlude here?
        In any case, these wild Romney rumors must stand on their own. We have had a long-standing policy never to discuss out client list, except as we see fit. This is not such a case, since it is pure irrelevance, up or down.

    • danvalenti
      February 13, 2012 at 5:39 pm #

      OPIE
      We allow your drivel, despite our WEBMASTER’S intent to trash it. It says much about your mentality and the people like you, who would rather divert attention by making up ridiculous stories such as the Oklahoma City tale. FYI, we were not in OC this weekend! As for your comments on the case, you call it “a simple case of accidental hit and run.” Seriously? You call Meredith Nilan the “victim.” Seriously? You blame this site for whipping up frenzy, as if all of official Pittsfield succumbs to THE PLANET. Seriously? No. We will leave this moronic post up, so the flies can land on it while it’s still steaming and fresh.

    • Irvin Corey
      February 13, 2012 at 5:52 pm #

      It’s always good to hear from the Pittsfield GOB hackarama. It’s obvious that good people make bad choices. Ray Charles could see who made what bad choice here. So long as the plane that Valenti did run anybody over on the runway it’s his business where he goes.

      • danvalenti
        February 13, 2012 at 8:10 pm #

        PROFESSOR
        No, the pilot assured me that the Lear jet didn’t run anyone over when it landed.

    • Irvin Corey
      February 13, 2012 at 6:02 pm #

      I dare say that the Nilan family wasn;t worried about Pittsffield this weekend. I’ll bet saving the bloated pension was the worry de jour along with a certain young woman having a cell mate called large Marge

    • Joe Pinhead
      February 13, 2012 at 8:06 pm #

      What does one say here in this situation, Thanks to all those that pushed; The Planet, Glenn Heller, Molly, Ray O Vac to name a few. It is inspiring to see without doubt people committed to both their community and to doing what’s right. One Pittsfield and others will make disparaging remarks not out of ignorance but most likely born of fear. The question is what do they fear? Do they fear that things they have done in the past while in positions of power will be exposed? Or is it the fear of change? Do they see the ground swell of people who are willing and able to check what rumbles from the mouths of the elected and appointed officials? Do they fear the- we have had enough and we aint going to take it no more attitude that has been building? Do they fear the loss of control that they have over shaping public opinion and controlling where that flows to?
      I can only wonder about the reverberations in the Local legal community. Is One Pittsfield scared because possibly the judge has started asking questions? Something like “how the hell did this happen?” Or maybe it was “ how long has this crap been going on out there?” No we don’t know those answers… YET but I bet a few More people than the Nialans are worried, these type of incidents and the results very rarely happen in a vacuum and I got the feeling in time its going to suck up a few more. Probation department report and potential wrong doing about to be made public at trials etc.
      We have your number One Pittsfield as you see it its supposed to be One Pittsfield for you and your ilk to do with as you please …use and abuse and one Pittsfield for “us” to wallow in.
      Just sayin

      • Nancy P. aka Molly
        February 13, 2012 at 8:42 pm #

        Look at the last two sentences: ” Good people like the Nilans are not the “bad guys?” Not to those who stick together in tough times”.

        I’d say the question mark after “Nilan’s are not the bad guys?” is a freudian slip and also the last line, which to me says that the Nilan’s are not the bad guys to those who stick together in tough times”. Says a lot, doesn’t it? Regardless of what they do and how illegal and immoral it is, they (i.e. all of the GOB’s) will stick together. Even if it’s that one of them molested little boys, and even if it’s that one of them covered up his daughter hitting a man and leaving him bleeding in the road to die. Very telling, indeed.

        • danvalenti
          February 13, 2012 at 8:46 pm #

          NANCY
          That’s why we leave most (not all) of the ONE PITTSFIELD and PITTSFIELD BELIEVER postings up there. These people may have cleverness and power, but they lack intelligence and subtlety.

    • Dave
      February 14, 2012 at 6:35 am #

      One Pittsfield

      People such as yourself are actually in the class of those doing damage to Pittsfield. You put your head in the sand and overlook the predators that abuse others. You flaunt the GOB mentality as what is right while the common man continues to suffer. You fixate on others such as Dan and blame him for the troubles of Pittsfield when actually the fault of the demise of Pittsfield lies with those such as yourself who perpetuate the negative and twisted attitudes of the privleged.
      i

  21. CONCERNED
    February 13, 2012 at 3:39 pm #

    One Pittsfield ” simple case of accidental hit and run” Wow I don’t think I have to say anymore about you, except are you out of your noggin????

    • Nancy P. aka Molly
      February 13, 2012 at 4:26 pm #

      I don’t even reply to him anymore – he’s just looking to create a lot of hoopla and I, for one, aren’t going to give it to him any longer. He should just be ignored.

  22. CONCERNED
    February 13, 2012 at 3:58 pm #

    Thanks to GM Heller I read Judges ruling here is last sentence, ” I find that the complainant is entitled to a redetermination and the application for a criminal complaint is allowed” Question: Does this mean it goes back for another show cause hearing, or is the criminal complaint issued and Ms Nilan will be summoned to court to face the charges ????????????

    • Nancy P. aka Molly
      February 13, 2012 at 4:16 pm #

      My belief, but could be wrong, is that “this is it” – there is enough evidence to proceed and she will need to show up to court on Feb. 29th, hear the charges against her, and state her plea. There is not yet another show cause hearing…

  23. Kevin
    February 13, 2012 at 5:16 pm #

    God bless this website and Mr Valenti. His crusading on this story has made all the difference here. Thank you so much on behalf of the beseiged citizens of Pittsfield, Mass.

    • danvalenti
      February 13, 2012 at 5:28 pm #

      KEVIN
      Thank you. I’m just a guy doing a job … with a tenacity that refuses to quit.

    • GMHeller
      February 13, 2012 at 10:15 pm #

      Kevin, it’s a dirty job, but somebody’s gotta do it.

  24. Taylor
    February 13, 2012 at 8:12 pm #

    I read the police report. Her story does not add up. Peter was seen on McIntosh at 8:29 struggling to get home. Meredith was seen in her driveway at 8:30 looking at her car then going into her house. Her timeline is a lie. She was there at the time Peter was hit. What bothers me as much as a hit and run and cowardly leaving somebody to die is the orchestrated cover up by Cliff Nilan who should be charged with aiding and abetting a crime after the fact. If it was anybody else they would have been hauled into court the next day. I hope the judge sees this case for what it is. A misdemeanor is a joke. The police charge people with felonies with no evidence. I really hate living in Pittsfield because this type of protection/coverup will never go away.I do not vote for incumbents or incompetence or Capeless (but I’m being redundant).

  25. Nancy P. aka Molly
    February 13, 2012 at 9:12 pm #

    Dan and Concerned:

    I re-read Judge Hadley’s decision and I see where you think that this case is just going back for yet another show-cause hearing. But re-read the first paragraph where he states that “the compainant has asked for a redetermination by a District Court Judge. In response to a request for redetermination, the judge may decide to hear the application de novo, or to review the factual allegations previously provided to the magistrate, or he may deny the request.” Then in the last paragraph, he states: “I find that the complainant is entitled to a redetermination AND THE APPLICATION FOR A CRIMINAL COMPLAINT IS ALLOWED.”

    Translated to simple English (vs. legal gobblygook), the police applied for a redetermination, he has allowed that, and he has also ruled that the application for a criminal complaint is allowed. Therefore, she will be going to court on Feb. 29 when she will be arraigned on those criminal charges and she will need to give her plea of guilty or not guilty.

    • Nancy P. aka Molly
      February 13, 2012 at 9:24 pm #

      P.S. The BB reports that she will be in “Central Berkshire District Court on February 29th for the arraignment” — soooo, will they be bringing in a judge from another district for this arraignment? Or is this just a formality and the judge doesn’t really do or decide anything until the trial?

      What if there’s been a deal made with the DA that she will plead guilty in return for a prosecution delay, and that after a year of no other problems, the charges will be dropped? Wouldn’t the judge have to approve this? Shouldn’t that be a judge from another district?

      If we had a decent newspaper in the BB, we’d know the answer to these questions as they would’ve already been asked…

      • ambrose
        February 14, 2012 at 6:15 am #

        There will be a deal. This will never play out in court. She made a horrible mistake that night that was compounded by horrible advice. Old family friend Tim Shugrue is the reason this thing is still going on. He rolled the dice thinking the police would drop it when Nathan found no harm. Ironically, according to today’s eagle, he said that it wasn’t right that he not be allowed to present his side to Judge Hadley.

  26. GMHeller
    February 13, 2012 at 10:19 pm #

    “I informed Ms. Nilan that she had struck a person that night and Ms. Nilan responded by saying, ‘Well he just took off.’ ”
    – Pittsfield Police Officer Marc E. Maddalena, investigating officer, writing in his police report about the accident on Winesap Road the evening of December 8, 2011.

    • GMHeller
      February 14, 2012 at 12:27 am #

      How did Meredith Nilan know that Ofc. Maddalena was referring to a he?

  27. GMHeller
    February 13, 2012 at 10:55 pm #

    Mr. Valenti, Doesn’t this sharp reversal against asst. Clerk-Magistrate Nathan A. Byrnes warrant a few letters of complaint to the Committee on Professional Responsibility for Clerks of the Court, the judicial conduct board which likes to be made aware of hacks in their midst like Mr. Byrnes?
    How many other miscarriages of justice have there been for which this guy is responsible?
    Does anyone seriously want to find this fellow on the bench someday with a lifetime appointment and sitting in judgment of a murder trial?
    Write to:
    Committee on Professional Responsibility for Clerks of the Court; Chair: The Hon. Gilbert J. Nadeau, Jr..
    Judge Nadeau, Jr.’s address is:
    First Justice,
    Fall River District Court
    186 South Main Street
    Fall River, MA 02721
    Judge Nadeau’s Secretary/Clerk can be reached at:
    Telephone Number (508) 491-3233
    SEE:
    http://www.mass.gov/courts/sjc/sjc-committees.html

  28. GMHeller
    February 13, 2012 at 11:07 pm #

    Berkshire Eagle editorial “Justice redeemed”
    http://www.berkshireeagle.com/editorials/ci_19958387

    The Berkshire Eagle editorial writer is crying crocodile tears and is self-righteously shocked — SHOCKED — to discover that GOB’s in Pittsfield have their hooks into the local judicial system.
    Imagine!

  29. dusty
    February 14, 2012 at 3:54 am #

    Only in Pittsfield would be be cheering that justice “might” get done.

    If this girl was from the Karpenski family the case would have moved well through the legal system by now. But I am truly excited that, after taking a second pressured look, the legal system has found cause to review it all. Ain’t that grand?

  30. ONE PITTSFIELD
    February 14, 2012 at 6:26 am #

    The Nilans did not get a fair shake from the appellate judge, who bowed to the hysteria of the masses whipped up by this website. The Eagle editorial is a disappointment and irresponsible. Valenti shreds people and institutions with blatant disregard for human decency and the mad, sad “cybermob” falls for it. The Eagle in this case, too. God bless Cliff Nilan and his family.

    • Scott
      February 14, 2012 at 9:07 am #

      lol

  31. rick
    February 14, 2012 at 7:03 am #

    trying to brush a leaving the sceen of maybe property damage under the carpet i could see, but this is a lot different, i to wish the nilans the best but i feel for mr.moore, he will need a long time to heal those wounds both physically and mentally. the nilans are good people as are the moores. the laws are the laws and we need to be held accountable for our actions, some where a long the line these morals get steped on, a girl of her young years will appreciate the lesson of standing up and taking the consequences for her actions,and i think it will make her a better person, i think mr.nilan will have to also.

    • danvalenti
      February 14, 2012 at 7:12 am #

      RICK
      Well measured response, this. We thank you.

  32. CONCERNED
    February 14, 2012 at 7:55 am #

    My advice to MS Nilan tell your lawyer to shut his mouth publicly and do his lawyer job in a court of law. Also do the right thing, tell your father to stay out of it, and get this over and move on with your life. Also I do hope you call the Moore’s and tell them how sorry you are. I would bet your lawyer and father would tell you don’t but its time you MS Nilan step up to the plate on this whole incident. I for one do wish you the best you are a young woman and have your whole life ahead of you. And other than this incident I have heard you are a FINE young lady.

    • @concerned
      February 16, 2012 at 7:26 pm #

      Very well said.