Four our of five dentists recommend sugarless gum to their patients who chew gum, and FOUR OUT OF FIVE BERKSHIRE STATE REPS (ALL EXCEPT SCHOOLMARM CARIDDI) CARE ABOUT WE THE PEOPLE ENOUGH TO COMMENT ON THE NILAN-MOORE CASE … HEY, CHARLEY: LET’S TALK FREE SPEECH, BABE! … plus … IS PETER MOORE NOT THE VICTIM, AND SHOULD THE STATE’S VICTIM FUND ASSIST HIM?
By DAN VALENTI
PLANET VALENTI News and Commentary
(FORTRESS OF SOLITUDE, FRIDAY, JAN. 27, 2012) — After a not-so-restful night out of state, and driving through rain, snow, and ice on a couple of scary Interstates, THE PLANET returns afresh to bring you more of the news and commentary that matters.
STATE REPS WEIGHT IN … ALL BUT ONE
Yesterday, we asked the Berkshire County delegation (the four reps and our state senator) for their view of the incendiary Nilan-Moore hit-and-run case. We gave them a deadline of 11 a.m. Rep. Tricia-Farley Bouvier, Rep. Paul Mark, Rep. Smitty Pignatelli, and Sen. Ben Downing answered the call. Schoolmarm Gail Cariddi took a powder. If you look up “Cariddi” in the New Unabridged Oxford Dictionary, you find: “A frigid politician in the worst sense of that word, who cares little for constituents but who has fallen in love with His or Her Importance; also see: ‘One-Termer’ and ‘Back-Bencher.'”
Schoolmarm Cariddi is now 2-for-2 in not responding to media inquiries from this address as she continues her road to one-term irrelevancy as the “backest” of the House back benchers. We shall continue to send requests as they come up to the Schoolmarm, and hope for the best. FULL DISCLOSURE: The Schoolmarm still carries a bilious bulge of sourdough when it comes to THE PLANET. When she ran for her office, we hosted a radio debate at WNAW in North Adams, and we had the audacity to, you know, actually ask QUESTIONS and not solicit candidates’ stump speeches. The Schoolmarn is not used to hard ball, apparently, and since then, her underwear has been in a not and a knot (front and back wedgies).
That aside, here is what our four reps had to say:
TRICIA FARLEY-BOUVIER — What I know about this case is limited to what I have read in the daily paper. I have not gotten involved as I believe strongly that this is a judicial matter and needs to be played out in the courts, without political interference. There are avenues of appeal that are set up so that if any party feels they are being treated unjustly they have a place to go.
PAUL MARK — (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?
I have no evidence to suggest that the Clerk Magistrate from Westfield came to his decision through any outside influence or pressure. It needs to be recognized that the Clerk Magistrate’s decision is not the final word on this matter. The Pittsfield Police have appealed the decision, which is their right and means to me they were not satisfied with the Clerk’s decision. I am hopeful that the Judge who decides the next stage of this case will act impartially and will come to the correct decision based on the evidence presented.
(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?
I think the best thing to do for now is to allow the judicial process to continue through the required stages. I do believe strongly in both our American judicial system and the Constitutionally mandated separation of powers between the three branches of government. After this case is closed by the judicial branch, if there is any evidence of undue influence, criminal interference, destruction of evidence, or anything else that has prevented justice, I would support any legally appropriate remedy to see that justice is served and equally applied to all citizens.
(4) Do you personally know Clifford Nilan? If so, what is your opinion of him as a public servant?
I do not know Clifford Nilan, Ms. Nilan, or Mr. Moore.
BEN DOWNING — First & foremost, my prayers are with Mr. Moore & his family. The accident that lead to his injuries, no matter how it happened, is tragic. That being the case, this is an ongoing legal matter, with the finding of the Clerk Magistrate being appealed by the Pittsfield PD. No matter what my personal opinion may be, I have long standing policy of not commenting on or inserting myself in ongoing legal matters. That is a policy that I believe is important for the separation of powers. Beyond the current appeal, the judicial system has avenues for those who may disagree with the Magistrate, through their superiors and the Attorney General’s Office. To your final question, I have met Mr. Nilan before, but do not know him well enough to comment on his job performance.
SMITTY PIGNATELLI — I believe this is a matter best left up to the judicial system. There is a reason why we have such strong protections for separation of power in our constitution, and as member of the Legislature, I do not believe it is appropriate to get involved in a pending legal matter.
Why Nilan-Moore Matters: It Has Destroyed People’s Confidence in Equality of Justice
THE PLANET thanks our Right Honorable Good Friends for their responses. We cannot say the Cariddi, who again has whiffed on behalf of We The People in an important case. This case is one in which the very bedrock of democracy — that is, the fair and reasonable assumption of certainly We the People must expect when it comes to the impartiality of the courts and equality before the law— has been placed in such question.
Harken back to a point President Obama made in his most recent State of the Union address: We The People must expect a fair shot at opportunity, we must pull our fair share, and there cannot be two sets of rules, one for the privileged and one for the rest of us. Do these words mean anything in Berkshire County?
That’s all critics of the handling of Nilan-Moore are saying: The evidence suggests that justice may not have been impartial, given that the driver in the hit-and-run case has a powerful, high-profile father. A full and impartial investigation by state attorney general Martha Coakley is warranted. THE PLANET, and We the People, will accept the results of such a review.
Until that time: Based on the evidence, the people involved, and the manner in which this case has been handled, THE PLANET’s conclusion is that The Fix is in. Many others share this view, which we think is reasonable and to which the facts of the case point out with a screaming, neon directional arrow.
!Bulletin! Courtesy of the Boring Broadsheet: Downtown Restaurant to Hold Knitting Bee
Meanwhile, unlike other local media, we invite readers’ comments, as always. We, unlike the Boring Broadsheet, care about you more than our advertisers (we have none; we remain unbought and unbossed).
While THE PLANET continues to hit hard at stories that matter, today, for example, the BB brought you such vital, page one news as
* How a downtown restaurant is holding knitting bees, and
* The Tanglewood jazz schedule for 2012.
I have many good friends in that newsroom who are tremendous journalists, fear for their jobs, do not want to rock the tilting boat … and who loathe the people who sign their paychecks. They have my support and sympathy.
————————————————————–
A CHALLENGE TO FREE SPEECH? BRING IT ON, BABE!
THE PLANET received this comment yesterday from CHARLEY:
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.
Can we say that? Does this opinion show a “reckless disregard for the truth?”
Many of our readers and commentators saw this as a veiled threat against speaking out. Here’s what we say: We did not read it that way, but if it is, then it’s a toothless threat against speaking out. Another of our correspondents mentioned We the People’s First Amendment right of free speech, so we won’t conduct a Civics 101 class. Let’s get deeper.
Deliberation, discussion, and debate depend on freedom, and upon freedom rests the validity of our communities and institutions. An old clipping from The Chronicle of Higher Education, March 17, 1995 issue, still remains in our fodder file, because it so eloquently establishes this point:
If we are to have conversation, people must be free, and must feel free, to say things that are controversial and to say things that are wrong, to have the opportunity to correct their statements, to assert views and to change their views. They must feel free to say things that offend, both intentionally and unintentionally: to understand the impact of the offense and to regret it; to agree and disagree. They must feel free to wrestle with language — to be angry, moving, ironic, kind, and bitter; to be both elegant and inelegant; to grunt and to pontificate; and to use words of however many letters in a vigorous engagement on the battlefield of meaning and understanding.
Our ears hearts, and minds must be toughened up to hear it all [THE PLANET’s underline]. We must be prepared to receive strange sounds before we can have a conversatiojn. We must permit our tongues and those of others to be unruly.
We thank you for raising the point Charley, but if you meant it as a threat, we’re calling you out. Give us an example of any “reckless disregard of the truth” on this website, in connection with the Nilan-Moore case. Please. Then, we invite you to take remedy in the court. Go after us. Go after anyone who has posted what you call a “reckless” comment. Why the invitation? Because you will lose, my friend.
The Muzzle doesn’t fit this pure bred. As Paul Newman said in The Hustler to some thugs who tried to intimidate him at the pool table, “We don’t rattle, kid.”
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WHY FREEDOM OF DISCOURSE IS HELPFUL TO A COMMUNITY
By allowing a free and open exchange in this case and on other issues, THE PLANET contributes to the strength of the Berkshire community. Case in point:
Yesterday, Joe Pinhead offered this helpful comment:
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
First, we didn’t know such a fund existed, and likely not too many others did. We learned something. If you have $20 and I have $20, and we exchange twenties, we’re both in the same place. However, if you have one idea and I have one idea, and we exchange ideas, we have doubled our intellectual wealth.
Second, Joe P. raises a fair point: How can Peter Moore NOT be seen as the victim, A victim, here. Isn’t this what the fund of for, to assist those who have been unfairly victimized”
If you go to the site, it says this:
Providing help and healing for crime victims in Massachusetts.
The Massachusetts Office for Victim Assistance (MOVA) is an independent state agency devoted to upholding and advancing the rights of crime victims in this state. We provide innovative victim advocacy through outreach and education, policy and program development, direct services to crime victims, legislative advocacy, and grant management.
Our commitment lies in reaching all victims, while ensuring access and equity of rights and services to underserved communities. By bridging public, private and community organizations, we work to serve crime victims, their families, and witnesses to violence, while promoting healing and justice.
Please read our Privacy Statement before using this site.
Are you a victim of crime? Click here for help.
For current funding opportunities, click here.
To subscribe to the Victim Services Bulletin, please click here.
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MUCH MORE, SO MUCH MORE TO SAY, AND WE SHALL BE BACK TO SAY IT. LADIES AND GENTLEMEN, FREEDOM OF SPEECH HAS FINALLY ARRIVED IN BERKSHIRE COUNTY VIA THE PLANET. TELL ALL YOUR FRIENDS, NEIGHBORS, LOVED ONES, COLLEAGUES, AND ANYONE ELSE ABOUT WWW.PLANETVALENTI.COM. SEND THEM THE LINK. SHARE IT WITH THE WORLD. WE HAVE RESISTED MANY OVERTURES FROM POSSIBLE ADVERTISERS. WE WANT TO STAY UNFETTERED. WE WANT TO BE THE ONLY ONE WHO HAS A SAY IN WHAT WE SAY, WRITE, SPEAK, OR THINK. WE DEPEND ON WORD OF MOUTH, AND IT’S WORKING. THE BIGGER WE GET, THE STRONGER WE CAN FIGHT.
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.
Think Molly said it best BLAH,BLAH,BLAH what else would you expect from the Berkshire delegation.Slow and steady, stay the course and stay on the fence.
Charley I beleive the term to use is non factual opinion not reckless diregaurd of the truth. Right Dan?
Sorry having trouble with the key board Believe disregard LOL
Why would the Legislators comment on the ‘separation of powers’ clause and ignored the most powerful Amendment in the Constitution – the 14th? I’d be willing to bet that none of these legislators could pass the US citizenship written test.
Where is Smitty’s response DV?
HILLY
It’s now posted. We inadvertently left it out first time around. Thanks for the catch! We owe you a lunch.
It really wasn’t worth waiting for…
I heard an anchor on cbs once say “you have freedom of speech but you have to deal with the consequences of what you say” So in other words that’s their way around the constitution and our right to free speech. Our liberties and freedoms are being attacked everyday and anyone who threatens those liberties should be considered an enemy combatant of the united states and dealt with accordingly. Have a great day I’m off now to do one of the most American things we can do according to a 1940’s propaganda cartoon featuring Donald duck file my income tax return…
Mr. Valenti:
For those concerned about the probity of the recent ruling by Westfield Asst. Clerk Magistrate Nathan A. Byrnes, here is the appropriate place to file one’s concerns:
‘The Committee on Professional Responsibility for Clerks of the Court’
“In 1990, the Supreme Judicial Court promulgated Supreme Judicial Court Rule 3:12, the Code of Professional Responsibility for Clerks of the Courts, and shortly thereafter appointed the first Committee on Professional Responsibility for Clerks of the Courts, Supreme Judicial Court Rule 3:13. The Code expresses standards and expectations to encourage and support professionalism among clerk-magistrates in the Commonwealth. The Committee may receive information, investigate, and make recommendations to the Supreme Judicial Court with respect to conduct, as defined in Rule 3:13, of any Clerk-Magistrate, as defined in Supreme Judicial Court Rule 3:12. Rules governing the Committee’s operating procedures were promulgated in 1991.
Chair: Hon. Gilbert J. Nadeau, Jr., of the District Court Department.
Secretary: Jane Lewis, Esq., of the Supreme Judicial Court.”
SEE:
http://www.mass.gov/courts/sjc/sjc-committees.html
———————-
To contact Hon. Gilbert J. Nadeau, Jr.,
SEE:
http://www.mass.gov/courts/courtsandjudges/judgesandjudicialofficers/nadeaug.html
———————-
To contact: Jane Kenworthy Lewis, Assistant Clerk,
Supreme Judicial Court Clerk for the Commonwealth
SEE:
http://www.mass.gov/courts/sjc/contact.html
I wish Mr. Moore luck if he wishes to deal with the Victim’s Assistance program. In my experience, a vicous assault on a member of my household, threats against me, my house being shot at, several horrific letters sent to me through the mail, and VA did nothing – at all. The two separate people I spoke with couldn’t have cared less. The impression was that I was taking up their time in relating the issues. And, this was while an active case was working it’s way through the court system.
So, if Mr. Moore contacts them, maybe he’ll get a bit more sympathy, but I doubt it. Another waste of taxpayer money which provides no service (at least not to me or members of my household).
Unbelievable! Question – do they have to wait until the final verdict of the case before they consider the victim to be a victim? Could this be the problem or are they just another useless, wasteful bureaucratic agency spending our money on God only knows what? Where were they with the Glasser case?
You should have exercised your second amendment right in that case.
I won the ‘bet’ – blah, blah, blah. Tricia didn’t even bother to go through the questions – wrote 2 sentences that said NADA. Actually, that’s what all 3 did. (Where is Pignatelli’s???) I’d still like to see them asked the question of are they willing to write/get support for new legislation to change the hit & run laws – if you seriously injure another person and drive away (or walk away), it should be a felony! This needs to change – he could have died there with no help. Also would like to see an investigation from Martha Coakley, but let’s be real – she is a HUGE politician – I don’t consider her to be a “real” Attorney General but rather will go after those who will benefit her politically. This case could hurt her politically. So I’d like to see that investigation happen right along side the Feds – keep her on her honest toes.
Dan Did you really think there was anything the Reps and Senator could say that the Peanut gallery would approve of? PS I still think Cliff a Big A Hole…
@Molly I gave you props for calling that one,you hit the nail on the head.
Yes I see that now – THANK YOU! 😉
Would have preferred to be wrong, though, and get some good responses…
Dan
Where is Smittys response? Does it echo THE TACIT APPROVAL of the injustice heaped upon the victim, and thus all citizens, that has taken place so far?
These “representatives” do NOT represent WE THE PEOPLE, they are part of the GOB Mob controlled by Beacon Hill GANGSTERS!!!
2012, RE-ELECT NOBODY!
Thanks for posting Smitty’s chicken turd GOB response.
Thanks for posting Smitty’s chicken turd GOB response.
E. g. WE THEN PEOPLE are on are own , thanks Smitty
Wow, no offence but these sure are totally fence straddling say nothing comments from our reps. That can happen when you have to actually put your name to something. But you’re right, Dan, what threat was I making? As far as you know, I am 4’8″ and 12 years old. That is the reality of this forum. People can say what they want until and unless they put their name to it. Then it’s a different matter. I was simply saying maybe that explains the reason behind no letters.
Pfffffffft!!! You have made it much more than quite obvious who you are… And I took that as a definite threat, which was exactly your intent.
Molly what did Charley say that you found threatning? You are becoming very very irrationial LOL
Even you had to write the “LOL”!! My being irrational IS laughable – I agree! 😉
Who is Steve Wade?
Actually, I took Charley’s statement as a soft warning about the perils of libel. I haven’t read anything on these threads (save a naughty wedgie and even that doesn’t count) that can be taken for libel, but it is an issue that needs to be considered when discussing private individuals.
LEVITAN
An otherwise private individual loses his or her privacy when they make news. They are, for the purposes of the new story (in this case, the hit-and-run-incident) public figures. If David Berkowitz is captured by NYC police and charged with being Son of Sam, he’s lost his right to privacy. That being said, we agree that all public comment must fall under fair use, and we run this website that way, just as we have all of our writing, speaking, and broadcasting since 1975.
Claiming Meredith Nilan was likely drunk the night she struck Peter Moore is not libelous; it’s supposition backed up by convincing circumstantial evidence.
Similarly, claiming Magistrate Nathan A. Byrnes from Westfield District Court made a capricious and arbitrary ruling from the bench that reeks of cronyism and political taint also is not libelous; it’s an opinion shared by a growing number of Pittsfield residents.
Raymond & Dan V.
You are correct about the magistrate. Any public official, elected or not, has a very long way to go before they can sue for libel. Dan’s point about getting your name in the paper makes you a public personality seems a little stretched though. Simply getting your name in the paper does not erode that protection so care does need to be taken. Libelous talk would take the form of “I saw Jane Doe in the supermarket pocketing merchandise” or I saw John Doe swearing and kicking a dog”. It’s defamatory language designed to mar a reputation.
As I said, to date I don’t recall seeing any libelous material.
LEV
Yes, but if the police charge Jane Doe with stealing items from a supermarket, then it becomes a news story. The press and the community can comment freely. That’s why your example is not analogous. No one said anything about Meredith Nilan, until the police charges with with criminal misdemeanor counts.
Who is Steve Wade.I would say a D-bag
Hey Joe T. Just wondering how many of you in the peanut gallery have tried to call Nilans home and left threatning messages? PS I still Think Cliffs a A Hole..
SW, that would be an incredibly ignorant thing to so, just the kind of thing someone like you would think of. Not only is making threatening telephone calls illegal (and may even be a federal offense), but such calls are incredibly easy to trace. Better to do what Molly is doing and write letters and make phone calls to state and federal officials who have real jurisdiction over sleazy behavior by public officials and miscarriages of justice. If enough people complain, it’ll move the levers of power in Boston to act.
I bet they’ve gotten them anyone determined can do it with out getting caught not every phone is traceable well they can trace it to an area but a ten dollar throw away phone bought with cash is available to anyone.
So Scott says the same thing I said but I need to grow up? I’ll bet anyone that Molly,Joe Taxpayer,Ambrose have all called Nilans home (without saying thier real names)and read then the riot act!
Don’t drag me into it they like me… The problem is you can read my sarcasm but you’re seriously the way you come off.
No – nor would I ever be sleazy like that. And I think this is libelous!!!!
Every site needs a main antagonist. PS I still think Stevie is an A hole lol!
Ray Thats true, if some of these blogg heads had any brains or common sense.
Steve Wade get some help!
Dave I need help because I don’t drink the Kool aide all of the time? You people need to get lives and not just whine on the Planet! Have you read any of the bloggs? Its scary that people really have these scry thoughts. Bloggers are acually listening to Heller! This is a man who screwed the very system that everyone is upset about. Heller ripped off thousands of dollars from tax payers. If this happened in Pittsfield these same bloggers would want Hellers head on a plate! [REDACTED]
You complain about that, but you’re on here being a “blog head” more than anyone else is! Nothing like trying to ‘change the subject’ off of Cliffy by pointing fingers at others — not going to work, Steve!!! By the way – why are SO insistent on almost every post that you think Cliff is an A-Hole? You stick up for him and then make sure everyone knows what you REALLY think of him… ?????
Molly you blogged on this subject 17 times out of the 98 bloggs. Now who needs to get a life?
Well Steve, how long did it take you to go back and count Molly’s bogs? And why would you do that? Talk about needing a life.
By the way, is the car involved in the Nilan mow down being held as evidence?
If it’s not, it should be!!!
Is he perhaps now stalking me? Counting how many times I post? Pathetic!!!!
I would find that a very cowardly, rude and sleazy thing to do. But I wouldn’t be surprised that some crackpots have done that…
My thought exactly Ray!!! Steve you need to grew up
Concerned Ouch that stung! Ten bucks says you called Nilans house!
They haven’t had a chance yet they were too busy making death threats to the 49ers and the Ravens for losing at the last minute.
But, the question is, is a person a good a-hole or a bad a-hole?
Steve Wade get some help.
CHARLEY
Thanks. I agree, I did not read any threat in what you posted. Actually, I thought it a helpful comment. I and many other enjoy your contributions to the debates and discussions featured on this site.
Dan,
I agree with you on the issue of privacy, and the Nilans are not protected from scrutiny. However, my point only addresses libel, which has not been a problem on this site’s discussion. My examples of Jane/John Doe were not intended as analogies to this case but just as examples of the sort of speech that could amount to character defamation.
I weigh in on Charley’s post because from time to time I see comments on other websites that could land a commentator in court, so it seems prudent that people check their calibration if they are not aware of the issue.
LEV
Thank you for this clarification.
Well Dan just as I suspected the reps wrote a nice no commitment statement but won’t get involve. I be live that they should look into this at lease behind the seen inquire. I think they owe the victim that much they do resent him to don’t they.
nesbit-farley-bouvier-onassis put you in your place dan – ALL she knows is what she reads in the daily paper – so, she knows who died and that cars are going to have to slow down in front of PHS – translate – she don’t read this blog – yeah right – wonder what she thinks of knit night on north
All the responses were identical. Tricia, to her credit, spares us the verbiage.
Mr. Valenti:
For those concerned about the probity of the recent ruling by Westfield Asst. Clerk Magistrate Nathan A. Byrnes, here is the appropriate place to file one’s concerns:
‘The Committee on Professional Responsibility for Clerks of the Court’
“In 1990, the Supreme Judicial Court promulgated Supreme Judicial Court Rule 3:12, the Code of Professional Responsibility for Clerks of the Courts, and shortly thereafter appointed the first Committee on Professional Responsibility for Clerks of the Courts, Supreme Judicial Court Rule 3:13. The Code expresses standards and expectations to encourage and support professionalism among clerk-magistrates in the Commonwealth. The Committee may receive information, investigate, and make recommendations to the Supreme Judicial Court with respect to conduct, as defined in Rule 3:13, of any Clerk-Magistrate, as defined in Supreme Judicial Court Rule 3:12. Rules governing the Committee’s operating procedures were promulgated in 1991.
Chair: Hon. Gilbert J. Nadeau, Jr., of the District Court Department.
Secretary: Jane Lewis, Esq., of the Supreme Judicial Court.”
SEE: Links awaiting moderation to be posted.
Um Yup, appeal
To Another Bastun GOB.
The RATS have multiple layers of protection, from sunshine
Great info Glenn! Thanks! I await the links. Do you think now is the time to do this or to wait it out a bit?
I also think that over 2 weeks of waiting for a ruling from the judge is a bit much and I wonder if a ruling HAS been made, but due to the continued outrage and press of this case, “they” are hiding from “we the people” what the ruling was? Is this considered to be “public information” that we should be able to walk into the court house and find out what, if any, ruling has been made? Do you know? What about Mr. Moore’s attorney – wouldn’t he need to be made immediately aware of the outcome of the ruling?
Suggest you contact Mr. Moore’s attorney because he would certainly be one of the first to be notified by the local court.
You might also want to ask Moore’s lawyer’s secretary; she may have been given a statement to read to interested parties
The various links referenced above are stuck in the maw of the mighty PlanetValenti .com Internet publishing machine — ‘awaiting (yawn) moderation’.
I got them from your post of ‘yesterday’ – well, yesterday’s topic anyway. THANK YOU!!!
Molly, try these links. To make them work put in the www.
SEE:
mass.gov/courts/sjc/sjc-committees.html
———————-
To contact Hon. Gilbert J. Nadeau, Jr.,
SEE:
mass.gov/courts/courtsandjudges/judgesandjudicialofficers/nadeaug.html
———————-
To contact: Jane Kenworthy Lewis, Assistant Clerk,
Supreme Judicial Court Clerk for the Commonwealth
SEE:
mass.gov/courts/sjc/contact.html
Mr. Moore’s attorney has no current standing in this case, as it’s still on the criminal level. Nilan’s private attorney had standing because she was the defendant in a criminal proceeding before the magistrate and a defendant has the right to private counsel in all criminal matters. The victim does not. The judge, once he rules on the appeal, will not report his finding to Mr. Moore’s private attorney, he will report it to police, and possibly the DA’s office. In all criminal matters, the victim does not have private counsel, he or she is “represented” by the District Attorney’s office, and any assistant DA would tell you they only “represent” the state’s case, and not you personally.
If and when Mr. Moore proceeds with civil action, then his attorney will be his representative in court.
If Pete Moore’s attorney is any good, he’s got contacts in the Courthouse and in PPD who will keep him abreast of anything the local court rules within minutes of any decision being made.
Even if his private attorney has some info from someone at the court, he still has no legal standing in this case while it’s in criminal court. His attorney cannot represent him in a criminal case, unless he was the defendant. The judge will report his appeal decision to the police, as they filed the appeal, and the police will then notify Mr. Moore. No matter what Mr. Moore’s attorney knows or doesn’t know, he can take no action on behalf of his client in criminal court – only in civil court if he files a lawsuit (which he should).
I think the ruling has been made and it is just not being made public. And I wouldn’t suggest holding our breath waiting for it, either… More secrets, more double standards, more sleaze…
BD, while there is an appeal pending (or even decided) in the matter of the misdemeanor citation issued by Pittsfield Police against Meredith Nilan, is Peter Moore or his attorney on behalf of his client prohibited from filing a criminal complaint against Nilan?
You give lots of good info, Bull. Thank You!
Thanks Molly. As a friend of Peter, I appreciate your advocacy on behalf of finding the truth and having a real day in court for this.
Dan,
I disagree with your contention that the politicians “cared about we the people enough to comment.”
All of the responses were calculated, disingeniuous babble. I found it very insulting that they think we are so stupid as to settle for that.
That is absolutely my take on it. They don’t give a rats colon about the GD people. And I will vote for anyone who runs against anyone of them. In fact, I would not be surprised if a couple of them were contacted to help in the coverup.
Is there really anyone out there that expected anything more from them? If you did then you are not paying attention.’
Grrrr
the pols know something that you don’t – this too will pass – the judge, we don’t know who he is and never will – there are about 42,000 people in palookaville and at least 41,000 of them don’t care – the people here are talking to each other and most agree – my bar friends, all educated, have only a smidgen of what happened – “Oh, that guy that was hit down East St or somewhere” – most people can’t tell you who the chief probation officer is, who’s chairman of the school committee, who our state senator is nor where the sandwich lady sends her kids to school – – cariddi can post back to you that peter deserved what he got and not one of her constituants would even know she said it – the pols know this, the gobs know this and the wheels in the halls of justice know this – all they gotta do is wait – sad but true, just watch
I agree alittle with what you say ambrose.The people in some cases have tuned out all of this bullshit.They have given up,and some cases just go with the flow,just vote dem. every time.Thats why people who comit manslaughter and run whore houses out of there residents (look under Ted Kennedy & Barney Frank) get re-elected ever time out.Im not going to tune out and give up on justice.I hope that we as citizens would want, what is right and fair to all people of this city.
AMBROSE
There is truth to your basic proposition, that the public has largely stopped caring. The Schoolmarm got elected with a vote turnout of barely double digits. As long as people don’t participate, it allows phony, windbag pols such as The Schoolmarm to win by “energizing her base,” which is campaign speak for: “Those idiots won’t turn out in large numbers. We get our people to vote and steal the election.” Too many officials act in ways to discourage the public and to suppress turnout. People begin to feel, rightly after a certain amount of apathy has calcified their citizenship, that it doesn’t matter. Then, self-prophecy gets fulfilled! We have seen our circulation on THE PLANET, gradually. We don’t fool ourselves. This in itself isn’t going to save democracy in Pittsfield and Berkshire County, but it’s a start. Besides, A, is we can’t educate and enlighten We The People, the least we can do is piss off the Power Barons. If we can’t comfort the afflicted, we will afflict the comfortable, and they hang on our every word!
like and agree. And with ambrose and joe.
One more time Dan,
Where is Pignatelie Response?????
DAN
I hope not
Are YOU part of the PIGnatelli Mafia?
DElete this , or post it as you fell proper
TT
“Smitty” PIGnatelli is a Good Old Boy! What did Dan Valenti expect for a response from PIGnatelli? I remember when PIGnatelli was a strong supporter of Carmen Massimiano 2 years ago. PIGnatelli supports fellow GOB Cliff Nilan.
http://www.youtube.com/watch?v=2bcrYRUCr8U
be very wary of clicking on these youtube links – viruses up the wazoo!!!
Never had a problem with youtube
The responses were typical blanket responses probably written by an aide and inititaled by the seat holder. Dan nice try fishing for anyone of the reps to have an opinion. Sen Downing at least said its his policy not to comment and he started off with wishing the victim well and metioning Mr. Moore in the light of a victim of a “tragic accident”.
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.
HEATHER
Yes! Keep this story alive. The internet can help us do it. We must INSIST on justice for Peter. We are sorry for what happened to your cousin.
Dan
I can tell you that when the head injury fund was established I was a part time police officer. this was in the late 90’s I often wondered how it was that we were required at that time to add $25.00 to a ticket that was to go to the head injury fund. It to me was like telling people they had to contribute to Unicef or any other charity. Who were we to order payment to a fund for a fine under chapter 90 or the CMR’s that was not accident related. I still question it’s constitutionality. I inquired about it at the state level in 1999 and was told that this fund is for all victims who recieved a head injury as a result of a motor vehicle accident, including motorcycle. (MOST FOLKS ARE NOT EVEN AWARE IT EXISTS) It was not discriminative to those inside or outside a vehicle at the time the injury occurred. It was specific that it had to involve a motorized vehicle. Since that time the fee has more than doubled. I absolutley agree that Mr. Moore should be and is entitled to financial help under this fund. I would encourage his family to contact there state rep and Senator Downing to be sure to have some support from the delegation that represents us. I would also encourage a phone call to Boston at 1-617-351-9000. It is the registry in Boston. There they could get direct line information. If not then they should be asking for contact info to the Merit Rating Board who handles the fees collected on behalf of the insurance companies and the commonwealth as well as this fund. I will not comment on any specifics since from what I have read has not bee very clear. I believe that Mr. Nilan has without a doubt used his position to help in the Stracuzzi case and this. I believe Coakley’s office should be involved since once again it involves a state employee whether directly or indirectly. He should have been terminated as far as I am concerned just for the Stracuzzi matter. Just my opinion..
Jeff ferrin
JEFF
Thanks for sharing this. i wasn’t aware such a fund existed. I just activated a post that mentioned not one state rep saw fit to direct Peter Moore or his family to such resources. The writer also pointed out something that many noticed: The only person to express any concern for Mr. Moore was Sen. Downing. He started his message that way. I thought that showed a lot of compassion, and I thank the senator.
JF, or it could be that the so-called ‘head injury’ fund is being used, and always has been used, to pay for the hiring of patronage appointees to administer ‘the fund’ and to pay those fund administrators six-figure salaries with hefty pensions.
Oh wait, this is Massachusetts, that doesn’t happen here.
At least Sen. Downing started out with well wishes for Mr. Moore. The others couldn’t bother. That says a lot. None of them pointed out state resources that might help Mr. Moore (head injury fund mentioned by Jeff Ferrin, for example). Reps: DO YOUR JOB!
The witch hunt against a fine young woman is shameful to all who are holding the lit torches. Meredith Nilan has suffered in this case, also. She is hurting, and where is the empathy for her and her father. It is pathetic, really, that the hypnotized followers of this website do not know her or what she’s been through. I have known Cliff Nilan for a long time and his daughter all of her life. They are find, outstanding citizens, the kind who make Pittsfield the great place it is.
Just be careful where you walk
Has he ever got you out of a jam? Are you one of the Pittsfield untouchables otherwise known as the beautiful people?
OP
Thank you for your post. Why do you call the readers of this website “hypnotized”? Are you that afraid of honest inquiry in the case of which you speak. Good for you that you consider Mr. Nilan and Ms. Nilan “find [sic], outstanding citizens.” That may be true. It doesn’t appear that way in this particular case, however. We are sorry for anyone who is hurting, including Ms. Nilan. We are sorrier for the physical, mental, and emotional trauma suffered by Peter Moore at her hands.
One Pittsfield you have a dry sense of humor. I think it is a little early for it considering Mr Moore’s condition but I guess a little humor and sarcasm is cool. Will this go over Cliffs head or do you think he will get your true meaning?
Potential for sarcasm is contradicted by the last line “I have known….” which strongly implies a friendly relationship.
One does suffer for not taking responsibility for one’s trangressions, but it’s hard to believe that is what OP is saying. His post is a mystery.
I laughed out loud!!! He can’t be serious – just looking for some attention and lots of replies…
One Pittsfield
There would be no “witch hunt” if Merideth had done the correct thing and stayed at the scene as the law requires.
There would be no “witch hunt” if the people’s perception was anything different than “the fix is in” orchestrated by Merideth’s dad Cliff.
There would be no “witch hunt” if Cliff Nilan cared enough about his daughter’s reputation to teach her to do the right thing.
I add, there is no witch hunt.
People are frustrated by a legal or justice system which is showing a pattern of not protecting the citizens who need it and are likely profoundly disturbed by stories such as this one. We are on number 3, starting with the East Housy accident in 2010.
Have the notion if Molly was involved, she would say it to his face!
Involved in what – the investigation? To who’s face – Cliff’s? Absolutely I would say anything that I say on here to anyone’s face – but not quite sure what you’re talking about…
The post by One Pittsfield is awful. Peter Moore is the victim here. Not anyone else. When will Meredith Nilan start acting like and adult and the protected child of a GOB?
Ambrose: What the hell was that? Was that even English?
WEBMASTER deleted the comment by Ambrose to which you are referring.
Has Capeless made ANY statement at all regarding this case either lately or since it all began? With all the public outrage you would think he might at least have two cents to toss into the mix. Or is that not his job?
and whatever happened to the story about the guy, Hall, who killed three men? Why was he given so much slack on his heavy charges before the murders? Even the Eagle was pursuing this story but that one got put in an airtight container as well.
He has not made any statement.
This isn’t a blog, a blog is a journal of one person’s life and experience this is more like an informational news topic source…
SCOTT
We accept your description of THE PLANET. It is a news/commentary medium.
Technically, a BLOG is a weB LOG (a web log, as in journal). Our journal, as you point out, isn’t a “Dear Diary” but a site that shines the McDonald French Fry lights on various topics and subjects … whether they like it or not … because we deem them newsworthy or relevant.
PATRIOTS WIN!
Talk talk talk… If you all wanted a response from the BB & the court system you’d be put there in front of Nilan’s house & the court house with picket signs but instead everyone is just cursing the darkness here. How ’bout we Occupy Cliffy?
Dan: Why is appeal taking so long????????? I heard its because no one has seen Speranzo around the court in days.
The big question What is going on with appeal and why is it taking so long??????? Mr. Speranzo I heard hasn’t been seen in days over at his court. Someone said its a medical problem but he didn’t tell his staff he wouldn’t be around ?? If true can of strange!!!!!
But Speranzo really had nothing to do with this case – they brought in the Westfield bozo, and it’s a judge who is ruling on the appeal. Why would “no show Speranzo” absences have anything to do with this?
I was told because the paperwork goes thru him to get to the next level, might be wrong,
Where do I go to sign a petition to have the Grand Jury hear this matter and let THEM decide?
There will be no grand jury…
@Scott I must agree with you every site needs a antaonist.PS Steve Wade is a A hole.
CHILDREN! ENOUGH!
Please, before we have to take drastic measures, let’s drop this ridiculous “X is a A-hole” junk. We’re trying to keep a lively forum open, where people can exchange all sorts of views in the most rousing and vigorous debate. But the childishness of “X is an A-hole” and such has long worn out its welcome. Only you out there can help keep the COMMENT function of this site at a high level. Please help me us out with this. This matter is far too serious for that kind of guttural material.
Steve started it…
Scott Really How Old are You? You sound like my three year old!
lol looks like you’re the butt of the joke now which seems relevant at least I still think so…
LOL
Who will supervise Cliff, when he goes on probation?
Angello Stracuzzi
Excellent answer!! And likely true, too!!!
One Pittsfield, dear heart, there’s something to be said for your sensitive and caring point of view.
It leads one to consider whether Meredith Nilan may have stumbled across a real need in Pittsfield, one that could be filled and even exploited for profit using Ms. Nilan’s now-proven methods.
For example, people with a close relative getting on in years (the type that might not be aging so gracefully, getting grumpier by the day), who would, in exchange for a reasonable sum, be willing to bring that geriatric family member over to Winesap Road on an appointed evening (when the Berkshire Young Professionals are having their socials seems to work best), and then drop off that relative with the simple instruction to him/her to take a pleasant short walk, say, the distance from McIntosh Drive to East Street.
The rest would, ya know, take care of itself.
The new enterprise could be called ‘Meredith’s Solutions’ or ‘Nilan’s Way’!
Advertisements on radio could be an effective way to spread the word about this exciting new service.
Of course, Angelo Stracuzzi would be the natural first hire to do voice-overs for these ads.
His familiar “Tell ‘er Angelo sent ya!” would again become a familiar sound to Berkshire listeners.
During this Obama Depression, something like ‘Meredith’s Solution’s’ could be that magic enterprise providing jobs for Pittsfield that EVWorldwide never could.
‘Meredith’s Solutions’ could even end up being the premier start-up to take over corporate space in Wm. Stanley Business Park.
It would be a win-win for everyone!
(Stanley Business Park would, of course, only be corporate headquarters; ‘street operations’ would as always stay on Winesap Road with its straight sight lines and, pardon the expression, clean get away.)
‘Meredith’s Solutions’ would certainly seem to be the ideal avenue (excuse the pun) for fulfilling a crushing need in Berkshire County for sensitive, caring geriatric disposal, what with the local Berkshire population in so many areas aging in place (according to the U.S. census).
Please note, if Angelo Stracuzzi is unavailable for voice-overs, for example during summer when he’s vacationing on the Maine coast, then Gov. Deval Patrick’s newest patronage hire, Chris Speranzo, should also be considered the ‘go to’ spokesperson for ‘Meredith’s Solutions’ (though admittedly, getting Speranzo actually to show up for ad tapings might be problematic given his attendance record — or lack of one — at all those other things he’s been paid to do.
Nonetheless, a selling point for ‘Meredith’s Solutions’ is that it provides caring relatives a guilt-free method to dispose of aging loved ones in a caring, efficient, quick manner, which is almost pain free — sort of.
A side benefit, of course, is that ‘Meredith’s Solutions’ owner(s) would be guilt-free as well — at least here within Berkshire County’s judicial system.
One Pittsfield, dear heart, there’s something to be said for your sensitive and caring point of view.
It leads one to consider whether Meredith Nilan may have stumbled across a real need in Pittsfield, one that could be filled and even exploited for profit using Ms. Nilan’s now-proven methods.
For example, people with a close relative (or two) getting on in years (the type that might not be aging so gracefully, getting grumpier by the day), who would, in exchange for a reasonable sum, be willing to bring that geriatric family member over to Winesap Road on an appointed evening (when the Berkshire Young Professionals are having their socials seems to work best), and then drop off that relative with the simple instruction to him/her to take a pleasant short walk, say, the distance from McIntosh Drive to East Street.
The rest would, ya know, take care of itself.
The new enterprise could be called ‘Meredith’s Solutions’ or ‘Nilan’s Way’!
Advertisements on radio could be an effective way to spread the word about this exciting new service.
Of course, Angelo Stracuzzi would be the natural first hire to do voice-overs for these ads.
His familiar “Tell ‘er Angelo sent ya!” would again become a familiar sound to Berkshire listeners.
During this Obama Depression, something like ‘Meredith’s Solution’s’ could be that magic enterprise providing jobs for Pittsfield that EVWorldwide never could.
‘Meredith’s Solutions’ could even end up being the premier start-up to take over corporate space in Wm. Stanley Business Park.
It would be a win-win for everyone!
(Stanley Business Park would, of course, only be corporate headquarters; ‘street operations’ would as always stay on Winesap Road with its straight sight lines and, pardon the expression, clean get away.)
‘Meredith’s Solutions’ would certainly seem to be the ideal avenue (excuse the pun) for fulfilling a crushing need in Berkshire County for sensitive, caring geriatric disposal, what with the local Berkshire population in so many areas aging in place (according to the U.S. census).
Please note, if Angelo Stracuzzi is unavailable for voice-overs, for example during summer when he’s vacationing on the Maine coast, then Gov. Deval Patrick’s newest patronage hire, Chris Speranzo, should also be considered the ‘go to’ spokesperson for ‘Meredith’s Solutions’ (though admittedly, getting Speranzo actually to show up for ad tapings might be problematic given his attendance record — or lack of one — at all those other things he’s been paid to do.
Nonetheless, a selling point for ‘Meredith’s Solutions’ is that it provides caring relatives a guilt-free method to dispose of aging loved ones in a caring, efficient, quick manner, which is almost pain free — sort of.
A side benefit, of course, is that ‘Meredith’s Solutions’ owner(s) would be guilt-free as well — at least here within Berkshire County’s judicial system.
Wait until he finds out, you’re a man!
MOLLY IS A MAN!
http://www.berkshireeagle.com/ci_19847880
Maybe he can move to Pittsfield and serve hs probation with Cliffy
This whole tragedy sickens me.That in this day and age this type of good ole boy system still exists in small town America is a disgrace.It doesn’t take a criminal investigator to put together the scenario of what really occurred that evening.Had this been John Q. Public or had the roles been reversed its a guarantee the police not only would have sworn statements as to how many drinks Meredith had before the accident they would know what she was drinking,the precise moment this accident happened, and how fast she was traveling.They could easily retrieve phone records to determine if she was texting or talking on the phone at that time.There is no doubt in my mind Meredith was under the influence when she nearly killed Peter and there is also no doubt in my mind that in a panicked state realizing what she had done she reached out to her father who in turn returned to the scene and destroyed or removed evidence.Everyone who has turned a blind eye to this tragedy needs to be held accountable.
Steve you should stick to the issues not stick it to be people who express their opinions.