!!FLASH!! PETER MOORE BENEFIT SLATED FOR FEB. 26, 1-5 p.m., at CHAMELEONs Restaurant!! … MORE NILAN-MOORE: WAITIN’ ON DA JUDGE … CRIMINAL VS. CIVIL CASES … CONOR BERRY, AS USUAL, IS JOHNNY ON THE SPOT (NO WONDER WHY HE EXITED THE BB)… CAPT. TOM MOORE SHARES MORE INFO. … MORE LETTERS TO THE EDITOR … AND WORDS OF ADVICE ON HIT-AND-RUN FROM A DEFENSE ATTORNEY
By DAN VALENTI
PLANET VALENTI News and Commentary
ADD 1 FEB. 3, 2012 LATE EVENING
THE PLANET has been in touch with Andy Poncherello, empressario supreme, regarding the nuts and bolts of the Benefit for Peter Moore.
WHAT: BENEFIT FOR PETER MOORE AND FAMILY.
WHEN: 1-5 p.m., Feb. 26, 2012
WHERE: Chameleon’s Restaurant, East Street, Pittsfield, Mass.
Folks, this is your chance to help Peter Moore, his family, his friends, and his loved ones as Mr. Moore recovers from a near fatal hit-and-run incident. It will also be your chance to step forward and show the Moores and the rest of the world who and what The REAL Pittsfield, Massachusetts truly is.
The REAL Pittsfield is not the fetid tar pit of corruption created by a tiny handful of GOBs. Rather, it is composed of neighbors and neighborhoods — good, hard-working, law-abiding, and decent folks who have reached their tipping point and will no longer keep quiet. They want to reach out in kindness and compassion to a man so terribly wronged.
Please spread the word about the time and date, and let’s do all we can to support Peter Moore, his lovely wife, his family, his parents Susan and Tom, his cousins, and all of the family across the country who are following this case. Let’s show them The REAL Pittsfield.
(FORTRESS OF SOLITUDE, FRIDAY, FEB. 3, 2012) — CONCERNED, a regular contributor to this website, mentioned yesterday that regardless of what Appellate Judge William Hadley decides on the Pittsfield Police Department’s appeal of Westfield Nathan Byrnes’ “not enough evidence to proceed” decision in the Nilan Moore Case, the matter will be active for a long time.
Even if criminal charges are dismissed, you can be all but sure that the Moores will pursue civil damages. In some respects, that wold hold more promise not only for the Moores but for all those who want to see justice done in this case. One difference is that in civil cases, the standard of proof is not as rigorous as in criminal trials, which must prove guilt “beyond a reasonable doubt.” For conviction in a civil case, the plaintiff’s attorney must establish that “the preponderance of evidence” suggests guilt.
Criminal cases almost always involve a trial by jury. Civil cases generally do not, although some may allow verdict by jury and not judge. Many of the known protections given to defendants in a criminal case (for example, protection against illegal searches and seizures under the 4th Amendment) are not granted in civil cases. From the website criminal.findlaw.com, we read:
The Same Conduct Can Produce Civil and Criminal Liability
The first step in a resolution of Nilan-Moore, of course, is doing what PPD Chief Michael Wynn, his department, and We The People are doing: Waiting for Hadley’s ruling. It’s hard to imagine any reasonable jurist or person, for that matter, reviewing the evidence and information in the case and not overturning Byrnes’ ruling. Then again, we are not sitting in judgment and we do not possess all of the information.
Byrnes has not responded to THE PLANET’s requests for comment. He has also not responded the request of Conor Berry of the Springfield Republican. Berry, former star reporter of the Boring Broadsheet who — in stories on alleged child molestation involving Carmen Massimiano and his enterprise work in covering the Angelo Stracuzzi child molestation case stemming from Biddeford, Maine — began shining his star too brightly for the BB’s comfort — revealed this yesterday in his story on the case, posted at the newspaper’s website, Masslive.com. Berry’s piece can be read here:
The BB’s loss was the Republican’s gain.
Berry’s story reproduces one of the photos THE PLANET obtained of the vehicle police say Meredith Nilan was driving when she hit Peter Moore, crediting this website. Berry writes:
Moore is the son of Thomas Moore, a retired Hartford police captain. The father has criticized Byrnes’ ruling and says he’s seeking justice for his son.
The Moore family have spoken extensively with Dan Valenti, a Pittsfield native and former newspaper editor who runs a controversial blog, PlanetValenti, that chronicles the good, bad and ugly sides of the Berkshires.
Known for his dogged pursuit of stories involving allegations of corruption and special treatment for Pittsfield’s elite, Valenti latched onto the Nilan-Moore story with a ferocity and hasn’t let go, providing regular updates and beating mainstream media outlets by obtaining official photos of Clifford Nilan’s damaged vehicle.
Berry notes that if Judge Hadley allows the case to “advance to the criminal stage … Meredith Nilan would be arraigned on criminal charges of negligent operation and leaving the scene of a personal injury accident.”
BORING BROADSHEET: WE THINK YOU GOT IT WRONG; IF NOT, THE THE COMMONWEALTH DID
In yesterday’s mysterious, non-bylined account of the appeal of Nilan-Moore by the Pittsfield Police, the unknown Boring Broadsheet writer identified Judge Willam P. Hadley as a Springfield District Court judge.
THE PLANET’s search of the Massachusetts Court System website showed no such judge in the Springfield court. We did find the Honorable William P. Hadley, however, safely ensconced in the website’s official listing: There, Hadley is listed as “Associate Justice, Greenfield District Court, 425 Main St., Greenfield, MA 01301.” There, we learn he was appointed to the position by the governor, Mitt Romney, on June 20, 2005.
Also on Mass.gov, the Massachusetts District Court Appellate Division lists five judges in its Western District. There is no Appellate Judge listed for Springfield. There is, however, an entry for “Hon. William P. Hadley (Greenfield) Justice.”
So, either the BB blew an important and easily verifiable fact — OR — the office state website as mass.gov has incorrect information. Which do you think is the better explanation?
If the BB blew that fact, what else did they get wrong?
Face it: the local daily, which should be championing the rights of a victim such as Peter Moore, has been doing its best to keep the case hidden. It has only begrudgingly run stories on Nilan-Moore because of THE PLANET, the work of Berry and the Republican, and the many citizens who have rallied to the cause, who have forced the BB’s hand.
What a sad excuse for a local daily, a wholly owned subsidiary for the Vested Interests, whose aims are opposed to We The People.
MORE FROM CAPT. MOORE
THE PLANET has had further contact from Capt. Tom Moore of the Hartford Police Department (retired), and Peter Moore’s father. We share some of the exchange as follows. Other portions of our communication will be held in confidence, at Capt. Moore’s request:
What you may share if you so choose is that Peter is very knowledgeable of the court system. For two summers while in college and immediately after graduation Peter was employed as a Special Deputy by the State of Connecticut Circuit Court. Special Deputies act as Bailiffs. He knows the functions of defense and prosecuting attorneys as well as judges and juries. He knows when the system operates correctly and when it does not. As I have previously mentioned the system did not function correctly in Berkshire County, and that’s what troubles Peter the most.
“The system did not function correctly in Berkshire County, and that’s what troubles Peter the most.”
It’s also what troubles the many good people of Pittsfield and Berkshire County the most, who have been painted by the tar brush wielded by the GOB. As this website has mentioned on several occasions, the “incorrect” functioning of “the system” locally gets at the core of this case.
A Justified Perception: In Pittsfield, ‘The Fix’ Is in for the GOB and out for We The People
Look, at the human level, anyone with a modicum of empathy, compassion, and human decency will regret what has happened to Peter Moore: a broken neck, a broken fibula, nerve damage, head trauma, bruises, contusions, emotional distress, unable to work, etc. From a systemic view, the case assumes an importance of societal dimensions. This case exemplifies the perception that most Berkshire County and Pittsfield residents have about there being two sets of rules: one for the GOBs and one for everybody else.
Ordinary people — the good, decent citizens who live by the rules, keep their nose clean, pay their taxes, and do the living and dying in the community — have come to expect that “the system” will not give them a fair shake … that “the system” is corrupt … that “the system” takes care of its own. The Nilan-Moore case exemplifies the belief in Pittsfield that a fetid tar pit of corruption has made a sad joke of our institutions. The Nilan Moore case reinforces the belief that “The Fix is in.” That is the tragedy here, the fact that good, decent people have — through the machinations of the GOB — lost all confidence in The System. When that happens, only two choices remain: apathy or anarchy.
No well-adjusted person will a priori believe such things. These perceptions of “The Fix is in” do not occur from thin air. People believe this because THEY give them reason to believe it. When “the system” repeatedly acts in a way as to deflate all confidence people can have in it, you get a snapshot of the public’s civic morale as it stands now in Pittsfield, Mass.
‘A Pervasive Poison in the Tar Pitt’
A pervasive poison has circulated in Pittsfield in the past 25 years or so, one which has turned We The People against participation in the government we own. And ladies and gentleman, once “the system” GOBs have manged to suppress turnout, once they infuse enough apathy, they legally seal elections. They can ram through anything they wish (see: The Meteoric Rise of No Show Speranzo, a horror flick now playing though not showing up in the courthouse near you).
Should there be any wonder that Pittsfield, with its rampant corruption, should be unable to attract outside businesses? Is it any wonder that General Dynamics is having a difficult time convincing engineers and other skilled workers to pack up their sorrows and move to … Pittsfield? Who would want to do that? What bright up-and-comer would want to step into the Tar Pitt?
To date, the Boring Broadsheet has yet to print ONE LETTER on the Nilan-Moore Case. It continues to block attempts to discuss Nilan-Moore on its website. It suppresses free and open discussion on this and many other important matters.
THE PLANET, meanwhile, continues to receives several letters each day. Moreover, we have printed hundreds of comments on the case, representing both sides. Several letters we received today were one liners, such as “Journalism at its finest” from UN. There was a longer one, which we share now:
Hi Dan – I just saw Dee’s suggestion of holding a benefit for Peter Moore and think that doing so is both needed and deserved. Not only would the benefit provide financial assistance, it would allow the members of this community to join together and show their support for him and for the quest for justice in this case. Some of his comments in the article the BB did really bothered me (I don’t blame him for feeling this way, but it bothers me that someone in our community has been forced to feel this way) – namely that The Berkshires no longer feel like “home” and that the ruling of the Assistant Clerk Magistrate made him feel like he had been hit all over again. I’d like to show him that this community is here for him! And holding a benefit for him and his family would be a great way to do that.
That being said, I don’t know how to connect with the people on this site who would be willing to help with a benefit… Do you have any suggestions? Perhaps we can setup a Facebook page for it? Orrrrrr??? I can, and am willing to, do whatever I can to help organize a benefit — I am very limited as to physical things as I’m a Stage IV cancer patient, getting chemo, and am usually very sick (to say the least) and always in a lot of pain. BUT – I can do lots of things like making telephone calls and finding a place willing to donate it for this, etc.
What do you think? — NAME WITHHELD BY THE PLANET
What do we think? We think you are one terrific person, to reach out in this way to the Moores despite your own pain and illness. This, my good friends, is the REAL Pittsfield and Berkshire County. The cesspool created by the GOB is the FAKE Pittsfield, one they have engineered to take care of themselves and screw the rest of you.
We would welcome suggestions from our readers on how best to proceed with a fundraiser or testimonial for Peter Moore and family. THE PLANET will support such an event in any way possible. We couldn’t possibly think about staging it with our current workload, but if some good people want to take leadership, we shall work with you.
Finally, we share this information on hit-and-run cases, furnished by a defense attorney in Massachusetts. Perhaps this information will help educate all of us on aspects of the law in such a case in the Commonwealth:
Leaving the Scene of Personal Injury
If you are accused of leaving the scene of an accident with personal injury, I know you are extremely concerned about what could happen to you. If you are alleged to be involved in a hit and run, the case is much more serious if a person may have been injured, then if it is merely a case of leaving the scene of property damage.
Criminal Charge in Massachusetts? Call [PHONE NUMBER REDACTED].
You can be charged with a hit and run for leaving the scene of injury if you strike a person, walking, a person on a bicycle, or an another car where the people inside the car may have been hurt.
You can be charged with this offense even in cases where no one suffered any significant injures. But the cases can get complicated in court, since the court will want to hear from all interested parties and make sure that the severity of any injury is understood before the case is resolved.
So, it is unlikely that you will be able to quickly plead guilty and get this case resolved immediately.
Leaving The Scene an Accident of Personal Injury – Penalties
Under Massachusetts law, if you leave the scene where you caused a personal injury, you face penalties of up to two years in jail, and fines of up to $1000.
The law calls for a minimum jail sentence of 6 months in jail if convicted, although it can be suspended – meaning you don’t always have to serve the time.
You are also not eligible for a Continuance without a finding, or CWOF in an accident with injury case. You must plead guilty, and not just accept that the evidence is sufficient to find you guilty, which is the standard for a CWOF. This can be a problem for some people who are concerned with having a guilty plea on their criminal record.
You will also face a minimum 1 year loss of your driver’s license. You cannot apply for Massachusetts license reinstatement until one year has passed. It is also possible for the Registry to revoke the registration for any vehicle you own after a guilty finding.
If the injuries are serious enough, the district attorney could also indict you in Superior Court, though this doesn’t happen very often. While the maximum penalties aren’t higher under the statute if the case is heard in Superior Court, judges are much more likely to sentence you at the higher end of the sentencing spectrum.
If you are accused of this charge, whether you were arrested or issued a criminal citation, please contact me immediately. Myself and our firm have handled many leaving the scene charge, both with and without related OUI charges. We can help. Call me now to find out what I can do for you.
[PHONE NUMBER REDACTED]
Call Now for a Free Criminal Consultation.
WE HEAD INTO SUPERBOWL WEEKEND WITH THAT GOOD “BARTON FINK FEELING,” CONFIDENT AS EVER THAT THE RIGHT SIDE WILL WIN, IF ONLY THE FORCES OF TRUTH AND GOODNESS TO NOT GIVE UP AND BOW OUT . HAVE FUN, BE SAFE, AND …
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.