POLICE APPEAL THE NILAN RULING … CENTRAL BERKSHIRE COURT JUDGE ASKED TO RECONSIDER MAGISTRATE’S DECISION … plus …THE STOOLEY PULLS A ‘KUBRICK’ IN HIS VIEW OF BERKSHIRE COUNTY LAW ENFORCEMENT …
By DAN VALENTI
PLANET VALENTI News and Commentary
POLICE APPEAL NILAN RULING
(FORTRESS OF SOLITUDE, THURSDAY, JAN. 19, 2012) — Yesterday, the Pittsfield Police Department filed an appeal in the Meredith Nilan hit-and-run case. The PPD filed the appeal with a judge in Central Berkshire district Court, asking that the decision of a Westfield clerk magistrate to drop the case against Nilan be reconsidered.
The decision of Westfield assistant clerk magistrate Nathan Byrnes that there was insufficient evidence to move ahead with criminal charges against Ms. Nilan have caused an uproar in Pittsfield political and judicial circles, and with the public at large.
How the Appeal Would Work
According to Conor Berry of the Springfield Republican, if the appeal is granted, “the clerk-magistrate who conducted the so-called show-cause hearing must provide a judge with the police department’s criminal complaint application and any supporting materials so the judge can make a prompt decision.
A judge can deny a redetermination application or reconsider the allegations previously provided to the clerk-magistrate. If additional evidence or arguments are presented, the accused party has the legal right to be heard, according to state law.
If a judge agrees there is probable cause to charge Meredith Nilan, she would then be arraigned on criminal charges in District Court.” Here is the link to Berry’s article:
http://www.masslive.com/news/index.ssf/2012/01/clerk-magistrate_determines_in.html
Secret Hearing Reminds One of Anything but a Democracy
Byrnes traveled to Pittsfield last Wednesday to preside at a secret hearing. No advance word of the hearing was issued. No press representatives were there. No member of the public was allowed into the hearing. There is no transcript, no listing of evidence or exhibits, and it isn’t clear if the victim in the case, Peter Moore, or his attorneys, were present. The only word we have received, publicly, has been that of Ms. Nilan’s attorney, Tim Shugrue. The procedure reminds one of England’s notorious Star Chamber, or the secret trial held for political prisoners in North Korea.
We won’t even touch the question of how this near-fatal hit-and-run could be consider a misdemeanor in the first place and not a felony. That is why they have the courts, though, isn’t it.
No evidence? Truly? We Guess the Magistrate Didn’t Look at the Photos or Consider the Police Reports
THE PLANET became the first media outlet to publish photos of the vehicle involved in the hit-and-run incident, a 2001 Suburu Forester owned by Cliff Nilan and driven by Meredith Nilan on the night of Dec. 8. (see yesterday’s PLANET for the four photos). When one examines the pictures, considers the extent of Moore’s injuries, and factors in the difference in the Nilans’ recollections and those of Moore and the police, it’s hard to fathom how a supposedly impartial clerk magistrate could not find sufficient evidence for the case to proceed.
Of course, one easy way for an “impartial” court officer to find in this way would be that strings were pulled. The courts are a cozy community, and in a case involving such a high-profile person as Cliff Nilan, it is not out of the realm of possibility that “The Fix Was In” — not that THE PLANET would ever make that charge, mind you.
This is the hole in the windshield of the car police say Meredith Nilan was driving when she swerved and hit pedestrian Peter Moore. Safety-plated front windshields only yield upon significant impact. The placement of the hole in the glass and the complete nature of the break would suggest it be nearly impossible for a driver NOT to know that a human head did this to the windshield, and not a dog or a deer. (PLANET VALENTI)
Just One Look. That’s All it Took
One look at the damaged car should be enough. The hole in the windshield is the size of a … human head. Not the head of a deer or a dog. Look at the placement of the hole. Imagine yourself to be the driver. Now imagine how hard it would be NOT to know that a human being’s head made that impact.
There’s a lot of difference between a human being’s head and the head of a deer or a dog, but apparently, the magistrate didn’t feel that way. Apparently, he felt that there was no way Meredith Nilan could have known that it was a human being that she nearly killed, and not the cousin of Bambi.
We do know that the case has destroyed what little confidence people have in the fairness of the local courts. THE PLANET hopes that the appeal will receive a more, let us say, sanguine consideration, and that some of the lost faith will be restored.
VIDEO LETTER TO THE EDITOR: ONE MAN’S VIEW OF THE DISTRICT ATTORNEY
THE PLANET presents one man’s view of the chief law enforcement officer in Berkshire County, David Capeless.
Capeless has been noticeably absent from the Nilan case.
This video was sent to THE PLANET by our frequent contributor, THE STOOLEY. This is the corporate name we use for any number of contributors to this website. This video “Letter to the Editor,” as do all the opinions of others that we run, do not necessarily reflect the views of THE PLANET. We present this knowing that it’s healthy for a society to have an unfettered right to opinions.
In this satiric film, THE STOOLEY uses footage of a Capeless press conference as the basis for his commentary. It proves again that humor and satire are often excellent ways to convey serious points. Click on the link here:
http://www.youtube.com/watch?v=SJrieMY-1C8
Agree or not, funny or not, it’s certainly one of the most creative political advertisements we’ve ever seen.
—————————————————————-
WHILE WONDERING IF THE MOON HAS EVER HIT ANYONE IN THE EYE LIKE A BIG PIZZA PIE, THE PLANET SAYS …
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.
Martha Coakley’s number in Springfiled 413-784-1240.
Sam I called Martha and she said to say HI…..
GM Heller Hope you read the above ” Police appeal Nilan ruling”
I would like someone to look into this clerk from Westfield. Can start by talking with Police in that area who have to deal with him. Lets go Berry, Dan and who ever that can help. I’am going to put out some feelers myself.
Also Pittsfield Police don’t let little Cliffy off the hook. If there is evidence against him GO FOR A CRIMINAL COMPLAINT
don’t try her here, let the courts do it… the police appealed and now it gets reopened. the guessing game here is wrong to do , i’m sure she was a scared young lady that night, thank god the gentleman’s injuries were not life threatening. i didn’t know there were so many vicious people in pittsfield that want to ruin someone out of spite. the police didnt need the “uproar” to do the appeal, they would have appealed the decision because it is their course of action.
Rick, you say thank God the injuries were not life threatening. Well, they were life-altering to say the least. Mr. Moore suffered a number of severe injuries and will be recovering for several months as a result. I won’t detail his injuries for his own privacy, but it’s safe to say this was not a small incident – it will live with him for a long time and it will be a long time before he’s back to “normal.” You’re right that “we” should not be trying this case… but the point is… someone should, and so far it looks like the fix is in and someone wants this case tossed into a dark closet never to return.
Scared young ladies with integrity get over their fear and do the right thing.
Another example…
Interesting, that the presiding magistrate in the Nilan case was selected from Westfield, but by whom ? What were the qualifiers in his selection ? Isn’t an influential politician from Pittsfield the President of Westfield State University ? Isn’t this politician still a force in Pittsfield politics ? Wasn’t this politician a former mayor of Pittsfield and isn’t he a political appointment himself, just like the Westfield magistrate and Mr. Nilan ? This all has to be a coincidence, they certainly don’t know each other or have a common denominator. ???
rick,
So nice of you to be concerned with this “scared young lady” and want to protect her from the “vicious people in pittsfield”. Let’s forget about the guy she left for dead in the street or the vicious nature of her actions and family’s attempt to cover things up.
Your “sympathy” for Ms. Nilan’s is nothing but a feigned attempt to further conceal justified criticism and hopefully, criminal prosecution for her selfish actions. If you are foolish enough to believe that hate mongers in Pittsfield want to tarnish Ms. Nilan’s reputation out of “spite” then there is a bridge to nowhere for sale that you should look in to. If there weren’t such “uproar” nothing would have transpired in this case and most people probably wouldn’t even know about it.
I have a hard time trying to determine who is worse; the scum that commit such crimes, Pittsfield’s corrupt judiciary that hides it, or the filth like you who excuse it.
EXCELLENT COMMENT!!!!!!!!! Thank you!
I agree with Molly. Well said.
ouch that stung, all i am saying is that the police investigation was going forward after the magistrates decision, the outrage had nothing to do with it, its a procedure that a professional police dept. does period…. once again, what i am saying is this is a serious matter and monday morning bloggers should not get the bees abuzzing when all they know is the gossip and the
inuendo of the incident.
Rick Don’t bother explaining yourself . These Blog Heads don’t want to hear common sense. Now they want to link Evan Dobelle to the story because he is the President Of Westfield State. WOW What a Imagination.
i guess so steve, they should all start writing conspiracy theory novels..
More examples…
A blog is a personal journal displayed on the web what PV does is provide news coverage and informational services to the general public for free.
You are assuming that bloggers don’t know actual facts about the case; bad assumption.
You assume that bloggers don’t know the history of the blue code within the Pittsfield PD or the buddy system in other realms of the Berkshire County Judiciary – more bad on your part. Don’t you pay attention to what transpires in this community?
You assume that politics and surnames don’t influence criminal matters and that the police conduct all of their investigations without prejudice or persuasion.
In all seriousness, do you really have that much blind faith in the system and are confident that bloggers are so factually devoid?
New to PV I know some of the PPD and they think Cliff is a a hole. They would like nothing better to get Cliffy in trouble….
@new to PV-
Don’t bother with SW or PB, they contradict truth on a regular basis. Nothing but trolls. Ignore them.
I ignored the “gossip” heard about this weeks ago but I think PV did an excellent job in providing FACTS so that we could know what was going on. Tell me are the facts presented by PV in his “blog” off or spot on?
there would be no need for this blog if the local newspaper was not going out of their way to hide what is going on in this city. This blog is a cry for help
“We won’t even touch the question of how this near-fatal hit-and-run could be consider a misdemeanor in the first place and not a felony. That is why they have the courts, though, isn’t it.”
Dan – this is exactly what needs to be addressed! It is the law that a hit and run with serious bodily injury is a FELONY. By charging her with merely misdemeanors, allowed ALL that has since transpired to happen! The show cause hearing (which is private), the temporary transfer of a GOB in Westfield to preside over the show cause hearing, the “verdict” of the show cause hearing. And the appeal will not get us justice as even on the very slight chance that the appeal is granted, she’s still only facing misdemeanor charges for leaving this guy to die on the side of the road!!! At most, she’ll get a $500 fine and if we’re lucky, lose her licence for 6 months (but that won’t happen!). What she did, according to Mass Law, was a FELONY, and she needs to be charged as such by our SLEAZY DA (who has a very poor opinion of the citizens of Pittsfield, to say the least! More on that later.)
It’s the misdemeanor charges that are KEY here — to everything! They are the start of the long run of sleaze associated with this case. This cannot be ignored!
Molly just wondering what law school you attended?
SW, instead of being snarky, maybe you can answer the obvious question: Who made the call to pronounce Nilan’s acts ‘misdemeanors’ when state law plainly labels them ‘felonies’? Just who was it that started this judicial ball rolling down the wrong track?
No it is a MISDEMEANOR, MOLLY! You do not know what you are talking about so please stop this exhibition of ignorance we beg you.
charley, please link to the state law or regulation that says driving off after an accident resulting in injury to a pedestrian is a misdemeanor.
Meredith Nilan attended the BYP “social event” in Gt. Barrington prior to her hitting Mr. Moore and leaving him on the street, bleeding from his head. If the police did a thorough investigation and interviewed all those who attended (and NOT just Alf!) along with the bartenders, they would’ve found that Meredith had been drinking at that event, with MANY, MANY witnesses to it. Their pictures and names are (at least were) on BYP’s Facebook page, so not difficult to know who the witnesses were. Also, by her own admission, she WAS driving the car. And she WAS driving it on a public road. And she left him there. What part of this is not a felony? It IS a felony! If you don’t already know that, I suggest that you look it up in the Massachusetts laws.
One example of putting down and ridiculing the concerned, law-abiding citizens to get the pressure off the politicians involved in this sleaze. It’s not happening! As I told you below, I ALWAYS do my homework – I suggest you do as well.
I agree with Molly 100%, This was a felony. A few years back , I myself was charged with leaving the scene . To make a long story short, I was attacked by the “victim” and in the process of trying to leave the scene, I struck his foot with my car. The “victim” received no injuries. I was arrested and charged with a felony, (leaving the scene of an accident involving personal injury). I had to prior criminal record. Eventually, the case was dismissed, only after spending close to six thousand dollars on lawyer fees. Meredith Nilan almost kills a man and is only charged with a misdemeanor! Come on!!
it is a felony if she was oui or if he died. The MGL are available for all to read on Mass.gov.
How convenient that police were not allowed to make a determination whether Nilan was OUI the night of the accident because she made herself unavailable.
They have witnesses…
RAYKOVIC
Yes, and we wonder: If Mary Jane or Joe Kapanski makes themselves unavailable under similar suspicious circumstances, does the local law enforcement community allow either to get away with it, as it apparently did with Meredith Nilan?
The Nilan’s are a reveered family and should be given the benefit of the doubt.
Unchy Not on this Blog they won’t…
Show me a blog where they are getting the benefit of the doubt. Obstruction. Isn’t that the kind of charge that can authorize the state to remove someone from the spnsion system?
Unchy,True I DOUBT she stopped and got out of the car to see if she hit someone.I DOUBT she is telling the whole story what happened that night.Also I DOUBT she will get in any trouble for nearly killing a man.So I am given her the benefit of the doubt.
if he had any integrity at all he would have cut ties with anjello after child sex allegations that would be enough for me anyway I certainly wouldn’t help keep it a secret I don’t care who it was.
Yes, they are Pittsfield royalty and beautiful people not commoners.
Not even worth a sentence fragment of a response.
Unchy, you write, “The Nilan’s are a reveered family and should be given the benefit of the doubt.”
Absolutely, and indeed Cliff Nilan was accorded great respect for as long as anyone can remember. But didn’t that all end the day Pittsfield’s chief probation officer was exposed as being part of the cover-up protecting his buddy Stracuzzi the pedophile, upon whose corporate board Nilan was a trusted member?
Dan That You Tube video sure was creepy. The guy could make a living making obscene phone calls.
Is Merryditz still working for Berkshire Bank…..wonder how they feel about their employee being involved with all this?
Ehe – considering that it was found that there was not enough evidence to proceed, and considering that the charges are only misdemeanors… She was also the Coordinator for “Downtown Pittsfield, Inc” – geeee, I wonder who got her that job?!
Rick
You cannot look in the mirror and tell yourself that “the vicious people of Pittsfield want to ruin this scared young lady out of spite.
We all went through Driver’s Ed. We all learned you never leave the scene of an accident. There was obvious damage to the car she was driving. She should not have left the scene period no matter what she thought she hit.
The majority of us here, I am sure, feel bad to an extent, for this young lady, however, it is clear she broke the law. The “UPROAR” is that the majority of us feel that she got preferential treatment because of whom her father is. The “UPROAR” is fallout out from our perception that if it was ANY one of us not connected, we would be sitting in jail with very serious consequences pending.
DAVE raises an excellent point. For something this serious (look again at the damage to the car from the impact) the driver is supposed to stop and report the accident. A safe assumption is that Ms. Nilan owns (and had on her at the time) a cell phone. What 24-year-old doesn’t. Properly handled, the driver pulls over, makes the call to the police, and waits until they get there. None of this was done.
Dad:
Thanks for coming on the show today. As always, we all learn a great deal. Great discussions with callers. Looking for to February’s visit.
Bill
BILL
My pleasure. We consider it an honor to be with you, live on-the-air and unscripted. Keep up the good work with the show!
you can call it good work til you’re blue in the face, but bill refuses let anybody talk about the hot button issue of the moment – he’d rather talk of last weeks snowstorm and run down some commisioner who didn’t give him a tumble somewhere along the line – we don’t have to talk about MN but the actions of magistrate byrnes should be vented openly on every venue – me believes sturge is under orders from the GOB to keep quiet on this topic
Ambrose – I didn’t listen to the show. Bill Sturgeon didn’t allow the Nilan case to be discussed at all? Why is that Bill? What are you afraid of? Seriously – there was no disussion at all?? That is unbelievable!
Oh no, a spelling mistake DAN not DAD. Sorry professor.
You still get an A+, and this is from a tough grader.
i see how it goes dan, he mispelled a word and because hes connected he still gets a a+ … its the same all over and in different circles.
RICK
Knowing only too well the vagaries of typos, we cut The Fat Man some well-earned slack. Again, focus not on the picayune but the fact that Bill comes back daily and does that show — not an easy gig, as THE PLANET full well knows!
The show always gets a A+ with me .Just thought to much concertration was put on the streets after the Friday storm.First of all the reason the roads were better in south county and north county was simply because they did not get as much and some cases no snow.This was a snow squall that settled on central berk. particually pittsfield.Went from rain to snow right around noon when all the schools were letting out securing Pittsfield as the #1 half day school district,screwing our kids of there school days.(half days count as a full day)The snow got packed down with all the cars out then the temp.went down sub zero at nite.Stop the bitching and learn to drive in the winter or stay off the roads.
0
Joe tell that to Molly. She seems to know a lot about snow plowing !
I am curious as to how the police appeal might work. Does the officer who was on the scene or did the investigation do the appeal or does he have to get permission from the chief to go forward? Anywho, whomever took this ball and ran with it has my back slap. Way to go.
and where is Capeless …hiding under a couch somewhere? will he be running for reelection any time soon?
I think we can all safely say Mr. Capeless has no future here. He will not consider running here unless he is a fool and considering recent activities in the last few months……
Capeless will be made a judge in Berkshire County by the Democrat power structure in Mass. and there’s not a damn thing anyone in the county can do about it. Ain’t that right, DV?
It was only with the assistance of the DA’s office that the PD was able to field the appeal so why don’t you don;t you call and congratulate him?
so sorry. How would anyone know that since he is not talking to the public these days? I would have thought he had the power to make sure it never got to the point it did in the first place.
The DA is advising here and not in charge of the communications for the PD , which does not report to him.The eagle is eating the dung being dished up to them by a defense attorney and you are the victim of that yellow journalism. so it’s not your fault.
no it is not the DA that files this appeal. It is the police and only the police that file this appeal. The DA has nothing to do with a criminal case that goes to showcause and then to appeal. in a showcause the evidence is given by the investigating officer and the witnesses are crossed examined by that officer. kind of wierd but that is how it works. DA does not get involved until it goes to arraignment.
How nice: the DA forces the case down the track of absolute least risk to the defendant, then when there’s a public uproar over the benign outcome which he alone precipitated, he then facilitates an appeal. How magnanimous of our crusading DA.
The charge is a misdemeanor and that is simply the law. The DA has to actually follow the law. The finding of the court was less than pleasing to say the least so police filed appeal. Why don’t you point the finger at the clerk, the defense attorney, and the eagle who reported it was a done deal when it is not?
According to the “Mass. Standards for Show Cause and Probable Cause hearings” it is a police department member, and usually not the investigating officer (so as to not take him away from his job), who attends the hearing and “states their case”. According to “Charlie” who obviously works at the DA’s office, the DA was “advising” on this from the start… And I’m sure the chief was involved as well, but who knows as there have not been any statements from the DA’s office.
And no – from what I hear, it will be 3 years until Mr. Capeless runs again for DA.
@Dave or was Ms Nilan texting on her cell phone, if she had one ? Her best defence is the truth, the truth has no agenda…
Where does Mr Nilan come into the mix?
Little birds say his daughter came crying for help at Patricks Pub, she RAN SOMEBODY OVER.
Then, HOURS later, Cliffy called PPD saying something about dog/deer.
Is this a false report/statement to police? I’d like to hear what PPD has on tape . And also what Mr Nilan told PPD the next day when they took the pictures of the human head size hole?
Also, why 1 week, to give the Nilans time to hide evidence from Cliffys car? I think that deserves A NO KNOCK WARRANT AND A SWAT TEAM at 5 AM!!
DA Capeless would do it, for you or me, why not Cliffy?
Only time will tell,but did the Pittsfield Police Department appeal,to a judge knowing that he would not reverse the magistrates finding, to save face in this cover-up.
Now that’s a thought.
Interesting observation, Joetaxpayer.
Rick. I don’t think we want Ms Nilan hung at all. We want justice and no cover up. Also let’s not forget the victim in this case Mr. Moore. This clerk had cause to issue a complaint in my opinion. if he did then it should have been decided in a court of law. The facts she was on wrong side of road, traveling at high rate of speed. Hits Mr. Moore, which Crime lab has evidence its the car. she doesn’t stop at all but drive away. Look at the picture, more evidence. That to me is more than enough probable cause to issue a complaint and let the courts decide.
All this is doing is looking like a big cover up that is making the public upset. It would have been better for all including Ms Nilan if this went to court and let a Judge or jury decide.
I once hit a deer years ago, I stopped and called the Police. I was upset for days. The Police had to put the deer down. If I didn’t call the Police this deer would have suffered for who,knows how long . I believe she said she thought she hit a deer or dog. Wouldn’t a decent person stop and see what they hit. If she did she would have seen Mr. Moore down and injuried. That picture of the hole in windshield says volumes about this case.
Still want to check more into this clerk and second did Cliff clean up evidence ?????
Under the advise of the DA the PD filed the charges and with his help they filed the appeal immediately. This stuff happens every day. Get a hold of yourselves.
GET a hold of your. self?
You do ALMOST, MANSLAUGHTER, and it gets brushed off, for a MONTH.
THEN NO JUSTIFIED FELONY CHARGES!!!!
THIS STILL STINKS, AS BAD AS CLIFFY!
Fire Cliffy, NO PENSION, PROSECUTE Merideth!
This stuff happens every day? Hit and runs get tagged misdemeanors every day? You sure you don’t want to retract that ridiculous statement, charley?
You very obviously work at the DA’s office. True? I find your attitude toward the good, law-abiding and tax-paying citizens of Pittsfield to be very condescending and arrogant. The people of this city are CONCERNED and have lost all confidence in our legal system – I find that to be very disturbing to say the least, yet you just continue to pour fuel into that, both here and on other blogs. For instance, does this sound familiar to you from the Berkshire Eagle’s comments (Disqus):
“Pittsfield’s biggest problem always has been a shallow gene pool with very low intelligence or moral character among the people raising children here…”. That’s real nice – you obviously forget just who it is that pays your salary — the same people you think have a shallow gene pool with low intelligence. May I suggest that you realize just how concerned the good citizens of this great city are, just how saddened and frustrated they are at no longer being able to have that faith in our legal system, and start doing something to get that back for them! Statements like the one I copied & pasted above, along with many, many others including the one above of “this stuff happens every day. Get a hold of yourselves” just are not ‘doing it’ and are, in fact, making it worse.
No I do not work at the DA’s office nor do I read the eagle anymore. You, however, are clearly a very misinformed person who should make an effort to educate yourself if you are going to be vocal on issues without facts.
To the contrary, I ALWAYS do my homework before posting anything. And I did with this case as well. You must be referring to my statements of this being a FELONY and NOT a misdemeanor. I suggest that YOU educate yourself on Massachusetts Law — “Leaving the scene of an accident with bodily injury with OUI and negligent or reckless operation of vehicle is a FELONY”. LOOK IT UP as I did before I opened my mouth! (I’ll even make it easy for you — c. 90 §24L(1)) And you have made it very obvious that you do, indeed, work at the DAs office as anyone else wouldn’t have the information that you “say” you do. Either you DO work at the DAs office and what you are spouting is fact, or you don’t work at the DAs office and what you are spouting is just plain junk with no facts. Which is it?
thanks charlie that’s what i was trying to say , now if they want to bitch about a cover up what just happened with the westfield magistrate is open for discussion. knock yourselves out folks they gave you all the ammo you need. they almost sent up smoke signals for you.
Exactly
I think what he did for anjello was a cover up and I think he tried his darnedest and wishes he could cover up this one.
Wishes he could cover up this one? Hell, hasn’t he?
No but he is sure trying!
Hey rick,
This stinks more than than the Berk GOBs
I( have NO CONFIDENCE IN DA CLUELESS, HIS CORRUPT MINOINS, OR MOST OF THE JUDGES
wan t me an a jury?
”Oh what a tangled web we weave when first we practice to deceive”
It’s not so much the crime that will getcha’ it’s always the coverup.
It makes one wonder what other fixes Cliffy was involved with. What other friends and family have skated away with his help?
Maybe he’ll be on stage with James Taylor this summer at Tanglewood singing “I’m your handyman”
@Bill Sturgeon..we love ya!
Mr. Valenti:
Check out how your pics look highly enlarged, along with the one taken by The Eagle’s Ben Garver (and originally published in the BB two weeks before it finally decided to reveal just who the hitter-and-runner was actually alleged to be).
The massive swelling of Peter Moore’s cranium attests to the severity of his impact into the Nilan SUV’s windshield — and thus also attests to the high rate of speed at which the SUV must have been traveling on that little neighborhood street.
Also note, Moore was hit HEAD-ON by the SUV — note where the hood is actually dented.
This was no glancing blow off to the side of that vehicle; this was dead-on center of the front bumper and hood!
This force is what catapulted Moore upward causing him to land so squarely head-first into dead-center middle of the windshield.
It’s no wonder this poor fellow was in a state of such extreme shock!
It’s also a miracle Peter Moore was not killed by the impact.
Take a close-up look at how yours and Garver’s pics appear when greatly enlarged.
SEE:
http://berkshireeagle.blogspot.com/2012/01/nilan-hit-and-run-victim-peter-moore.html
So what does Moore say about all this?
Mr. Valenti,
Suggest you look again at these photos of yours and the enlarged versions published on Berkshire Blog.
Note again the head-sized hole in the center of the Nilan SUV’s windshield, in particular note the crater-like contours of the hole.
Would it not be possible that given the impact Peter Moore’s head made being catapulted or thrust into the center of that windshield, that once ensconced or enmeshed, that the crater thus made acted to nest the head, keeping Moore somewhat in place on the hood as the driver meantime frantically applied brakes?
And if Mr. Moore’s head was thus nested, would it also not mean that at some point soon thereafter, Mr. Moore had somehow to have gotten up and off that hood — doing this, of course, while he was in deep shock in the immediate aftermath of the collision.
How did this guy in this condition manage to extricate himself BY HIMSELF off the relatively flat hood of that Subaru Forester in which his head was either planted, nested (or maybe even stuck a little)?
Did Mr. Moore, in shock, extricate himself BY HIMSELF, or was there a person close by who extended to him either a helping hand (or a push) to get Moore off the hood and onto the ground, where he and loyal pooch apparently stayed long enough for the dog’s fur to adhere to Moore’s accumulated blood in the street?
Bottom line: How did Peter Moore get extricated off the Nilan SUV?
Was he given a hand in this by Meredith Nilan?
After getting Peter Moore onto the roadbed — and already totally panicked — did Nilan then jump back into the vehicle and speed off?
From the pictures Moore doesn’t look like a very large or heavy person which indicates to me that her speed at impact was very high.
Has PPD done an accident reconstruction?
Wheres Quincy when you need him?
Did anyone make a phone call about any of this on a state owned cell phone? How about emails? They are all state property and available to the public.
http://www.deadlyroads.com/laws/massachusetts-hit-and-run-laws.shtml
Jesus people here I’m not posting it again. Unless it’s proven she was drinking or the victim dies it is NOT a felony.
Scott, here is the first section of that which you link to: “(a 1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right of access, or upon any way or in any place to which members of the public shall have access as invitees or licensees, and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of not less than five hundred dollars nor more than one thousand dollars.”
Are you saying that a sentence of 6 months to 2 years PER COUNT does not constitute a felony?
Oops, I stand corrected: Here is the definition of felony: “The definition of a felony in MA is any crime that carries the potential penalty of at least 1 year in state prison. Every other offense is a misdemeanor. “
But Scott, does this not this beg the question: Is it common practice in Massachusetts to have a Show Cause hearing when misdemeanors are charged?
Scott, in re: “(2) Whoever operates a motor vehicle upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for not less than two and one-half years nor more than ten years and by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of not less than one thousand dollars nor more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program.”
Scott, two questions: Isn’t it up to a jury to decide whether or not the driver went “away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person”?
Also, isn’t it up to a jury to decide whether or not having a relative contact police hours after the fact is “making known his name, residence and the registration number of his motor vehicle” at the time of the accident?
If the jury decides in the affirmative on either of these questions, then would it not be a felony?
There are exceptions to the rule. But I will say my opinion from reading the facts presented here and others is she only left because she was drinking I can’t prove that but I know if it was me and I was drinking I would leave if I wasn’t I would stay. Of course I don’t drink and drive I’m just saying.
Finally The Eagle begins to comment and offers Mr. Moore’s story
MARK
Agreed, and it proves that public pressure can sometimes work. The Boring Broadsheet only did this story because of the coverage of the case by this website. We are pushing them to do their job. Sometimes, they have no choice but to follow THE PLANET’s lead.
That is why many of us cancelled our BE and come to Planet Valenti. At least here we will get a true story!
If Ms.Nilan can’t see pass her hand then she is excused entirely. If you look a the hole in the windshield, it wasn’t much farther than her hand.