The Boston Globe from Boston, Massachusetts • 26

B2 City Region The Boston Globe FRIDAY, MAY 23, 2003 IIIMIIIIIMIMIIMMIIMIIIMIIIIUIIIIIIMIIIIMMIIMMMIIIIIIIIMIIIIIMMMIIIMMIMIIIIMItlllMI IIMHIIMUMtlMIHIMIMIMMMMIIIMIIIMIMIIMIIIIMMMIIIMMIIIIIMIMMIIIIMIIIMIIIIMMIMilllllllMIIIIMMIIIIIHMMIIHIIIIIIIMMIIMIMIIIM New England in brief Arrests made in drive-by shooting "tC v. sj 1 -f' CALIFORNIA Charges won't be filed against Shanley Prosecutors in San Bernardino County have decided not to file statutory rape charges against the Rev. Paul Shanley, one of the central figures in the Catholic Church sexual abuse scandal. The decision has prompted county sheriff's detectives to ask the Riverside County district attorney's office to consider charging Shanley with sexually abusing a 1 7-year-old boy in Palm Springs in 1990, The Press-Enterprise of Riverside reported yesterday. Dwight Moore, a San Bernardino County deputy district attorney, said the evidence did not justify a filing.

The alleged victim, Kevin English, charged that Shanley seduced him in Big Bear Lake two months before English turned 18. Shanley, 71, is free on ball in Massachusetts after pleading not guilty to 10 counts of child rape and six counts of indecent assault and battery. CHELMSFORD Suspect sought in sexual assault Police are seeking a young male who they say sexually assaulted a woman in her car before she was able to honk her horn and scare him off, authorities said. The woman had just pulled into the garage of her home about 6 p.m. Wednesday and was about to get out of her car when the man forced himself on her, police said.

After the woman screamed and honked the horn, the suspect fled. He is described as a white male, about 5-foot 7-inches tall, medium build, who may have a speech impediment. No weapon was used. BOSTON Dorchester man is convicted of rape A Dorchester man was convicted yesterday in Suffolk Superior Court of the August 2000 rape of a 21-year-old woman. Darrin Fernandez, 28, was found guilty of rape, assault and battery, open and gross lewdness, and making threats.

Fernandez climbed through an open window of a Hecla Street residence at 1 :30 a.m. on Aug. 26, 2000, and assaulted the woman. Trio is indicted in drug smuggling at jail A Suffolk County grand jury yesterday handed up indictments charging a county inmate and two associates with smuggling drugs into the House of Correction at South Bay. Jerome Davis, and his girlfriend, Vania Chavez, both 24, and Roxanne Harris, 50, allegedly planned to smuggle three grams of heroin and two balloons of marijuana into the facility where Davis has been in custody, said a spokesman for Suffolk District Attorney Daniel F.

Conley. PALMER Renewed search mapped out in Bish case Worcester District Attorney John Conte met with police yesterday to map out a grid to search for clues in the disappearance three years ago of 16-year-old Warren lifeguard Molly Bish. The discovery last week of a bathing suit that could be the one Bish was wearing when she vanished has renewed search efforts. SWAMPSCOTT Two death threats at high school probed Police are investigating two separate death threats at Swampscott High School. Sergeant Gary Lord said yesterday that the first threat was reported to school authorities on May 7 after a student discovered the phrase, "On June 3rd 2003 everyone dies," written in digital text on a graphing calculator in a math class.

Lord said the second threat was found in a nearby math class on May 15, when a student reported find INTO THE ACT Lieutenant Governor Kerry Healey and House Speaker Thomas Finneran displayed their thespian skills in a reading of "Macbeth" yesterday at the Shubert Theater. The event was co-sponsored by the Federalist Society's Boston lawyers chapter and the Commonwealth Shakespeare Company. 2 at private school ByJohnEllement GLOBE STAFF Boston police have arrested two Dorchester men in a fatal shooting last month in the South End that was considered part of a recent surge of violence in the Cape Verdean community. A 1 7-year-old Dorchester youth is scheduled to be arraigned today on charges that he was the getaway driver in a shooting on April 28 that left one Cape Verdean man dead and a second wounded with a bullet in his head. Daniel Fernandes is due in Boston Municipal Court on one count of accessory after the fact of murder for his alleged role in the April 28 killing of 22-year-old old Jose J.

Daveiga. Chris Carvalho was wounded in that attack, according to his relatives and Suffolk District Attorney Daniel F. Conley's office. Murder and weapons charges have been filed against the alleged shooter, 19-year-old Odair Fernandes of Speedwell Street in Dorchester, who will be arraigned next week, said David Procopio, Conley's spokesman. "We're just hoping that these arrests will make things quiet this summer, and there won't be any additional retaliation," said Flavio Daveiga of the Cape Verdean Task Force, who is not related to the murder victim.

"We dont have any idea why this keeps happening." He said he hopes that authorities "got the right person and it will be an end to the feud." Law enforcement officials and community activists have identified the 1995 stabbing of Bobby Mendes as the beginning of a clash between factions of Cape Ver-deans that has cost several lives, including that of a 3-year-old Dorchester boy who was shot by a bullet supposedly intended for his father. Procopio said prosecutors will disclose more details about the case against Daniel Fernandes at his arraignment But he said the teen was allegedly driving a van that followed a Ford Taurus that Daveiga was driving into a gas station on Albany Street around 2:50 a.m. and that at least one passenger in the van opened fire on the car. Daniel Fernandes has been held in a secure facility by the Department of Youth Services since April 28 when a DYS caseworker spotted the teen being questioned by police investigating the Daveiga homicide. Daniel Fernandes had a 9 p.m.

curfew and should not have been on the streets at the time of the 2:50 a.m. shooting, according to DYS records. Odair Fernandes is known on the street as the "Power Ranger," and was out of prison for just 27 days before he allegedly killed Daveiga, according to records and a law enforcement official who asked not to be named. He had been held at the Suffolk County House of Correction since March 2002 after being found guilty in Dorchester District Court of illegal possession of a firearm and operating a motor vehicle to endanger, according to court records and the state Parole Board. He was released April 1 and was back in prison by April 29, records show.

Odair Fernandes's relatives declined comment yesterday. The two Fernandeses know each other and considered them selves to be cousins, but are not biologically related, Daniel Fer nandes's relatives said in an interview in their Washington Street apartment yesterday. His parents said they do not be lieve he could be involved in a kill ing, although his father, Manuel Gomes, said he has warned Daniel to stay away from the "bad boys' in the neighborhood. His mother, Maria Fernandes, and another son, Angelo, complained that police have been overly aggressive while investigat ing crime in the Cape Verdean community. The mother said she has spoken almost nightly with Daniel since he was taken into DYS custody April 28.

"He told me he cannot shoot anybody," she said. John Ellement can be reached at ing the words, "Such smart people will die," written on a desk. Police have interviewed 70 students since Tuesday and plan to interview another 30 by tomorrow. BARNSTABLE Possible witnesses sought in fire slaying Investigators probing the death last weekend of a man who was apparently burned alive while tied to a tree with wire are seeking information about the occupants of a white sedan and two dirt bikers who were seen in the area where the body was discovered. Cape and Islands District Attorney Michael OTCeefe asked that the occupants of the white sedan parked near Mary Dunn Road and Independence Drive about 7 p.m.

Saturday or anyone who may have seen the car to call Barnstable police at 508-771-6237 or State Police at 800-344-2722. OTCeefe said investigators also want to speak with two dirt bike riders seen in the area at 7 p.m. Police are also seeking information about a dark van parked in the area. Headmaster faces groping allegation By Peter DeMarco GLOBE CORRESPONDENT Investigators from two state child welfare agencies have found "sufficient evidence" that the headmaster of a private boarding school for students with dyslexia in Northfield groped a male student during a field trip to New York City. The Linden Hill School headmaster, Michael P.

Holland, who has been on medical leave since the alleged incident on March 21, was attending a conference with the student when he began rubbing the boy's back as they watched television, according to a joint investigation by the state Office of Child Care Services and the Department of Social Services. According to the investigation, Holland then reached inside the student's pants and touched his genitals, at which point the student jumped away and reported the incident to another school staff member. The investigation also found that Holland showed "poor professional boundaries" with students by giving several of them neck and back massages, allowing them to use the Jacuzzi in his home, and shower in his bathroom. During an interview with the agencies for the investigation, Holland denied the allegations in GLOBE STAFF PHOTODAVID KAMERMAN accused ly reported to authorities, Zealand said. The school, located on 300 acres of woods overlooking the Connecticut River, draws students with dyslexia and related learning disabilities from as far away as Mexico, Taiwan, and Switzerland, the school's website says.

Officials at Holland's former school in South Wales, N.Y., who were interviewed by OCCS investigators, said they had received no complaints from students about him, but one school official told OCCS investigators that Holland had "an unprofessionally close relationship to students." At the Linden Hill School, a criminal check "was done on him, as well as an extensive background check," Zealand said. "Everybody's criminally checked at the school. It's a matter of course." II 1 1 mi 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 LOTTERY Thursday number 3723 THURSDAY PAYOFFS (based on $1 bet) EXACT ORDER All 4 digits $5,404 First or last 3 $757 Any 2 digits $65 Any 1 digit $6 ANY ORDER All 4 digits $450 First 3 digits $126 Last 3 digits $126 MEGABUCKS May 21 4 8 9 23 35 39 Jackpot: $4.2 million MASS MILLIONS May 22 11420 22 25 34 (Bonus ball 26) Jackpot: $20,163,466 PREVIOUS DRAWINGS Wednesday 4712 Tuesday 7999 Monday 4559 Sunday 9893 Saturday 4954 THURSDAY NUMBERS AROUND NEW ENGLAND Maine, N.H., Vermont 3-digit 843 4-digit 2454 Rhode Island 0351 Wednesday's Powerball 4-30-32-35-41 (Powerball 9 Ill I II III I Hill III llll III I Illlll HIM mi i II I llllll Ill ie Boston $lobe Directory the report. He could not be reached for comment yesterday. The Department of Social Services has forwarded the findings to both Northwestern District Attorney Elizabeth Scheibel's office and prosecutors in New York.

Northfield police said they are investigating the matter. The agencies' report also found sufficient evidence that another teacher at the Linden Hill School, Thomas Simmeth, sexually assaulted a student in February. Simmeth, who was fired by the school, was recently charged in Greenfield District Court with two counts of indecent assault and battery on a person under 14. According to the OCCS report, Simmeth reported to work drunk and tried to force a student to perform oral sex on him. Simmeth could not be reached for comment yesterday.

Professor Ruth Zealand, a Linden Hill board member and former principal who has been named interim headmaster, said yesterday that board members had yet to read the reports. Parents were informed of the allegation against Holland "almost immediately" after the alleged incident through phone calls and letters, she said. At that time, school officials told parents they would decide Holland's future at the school after the OCCS and DSS completed its investigation. Holland was barred from the campus after the allegations, which school officials immediate his arraignment and was released on $15,000 bail. School Superintendent Michael Longo placed Millette on administrative leave when the incident was reported.

Longo was out of town yesterday and could not be reached for comment Kevin Finnerty, a member of the New Bedford School Committee, said the superintendent's office is also investigating. Millette has been in the art departments in New Bedford schools for about 30 years, Finnerty said. "Any time there is that kind of an accusation there is shock, whether the person is a new teacher or someone who has been around a long time," he said. C. KALIMAH REDD News Desks Local (617)929-3100 NationalForeign (617)929-3125 Business (617)929-2903 LivingArts (617)929-2800 Sports (617)929-3235 Editorial Page (617)929-3025 Switchboard (617)929-2000 Submit a news tip to: localnews globe.com Editors and writers can be reached via e-mail as listed below Individual stories.

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Weekly subscription rates, 7-day Thu-Sun $4.95 Mon-Sat Sun. $3.00 'Rates may vary by area Questions about your bill, call toll free: 1-888-MYGL0BE (888) 694-5623 Hours: Mon-Fri 6 a.m.-5 p.m. Military, student, and mail subscription rates upon request, e-mail: circulationglobe.com The Boston Globe Store 1 School Street, Boston By phone: (617) 367-4000 www.globestore.boston.com Front pages, photographs, Globe gear ASuaSKMAJVYOF The New York Times Company Advertising A longtime New Bedford teacher faces charges of sexual assault, authorities said yesterday. Robert D. Millette, 55, was arrested Wednesday at his New Bedford home on three counts of indecent assault and battery on a child under 14.

The charges were brought after officials from Roosevelt Middle School, where Millette taught art, notified police May 15 of the alleged incidents involving an 11-year-old girl. The incidents happened in the school building during school hours that day, said Lieutenant Richard M. Spirlet, a New Bedford police spokesman Authorities are investigating whether there were other victims, Spirlet said. Millette pleaded not guilty at Classified (617)929-1500 Mon-Fri 8 a.m.-8:30 p.m., Sat-Sun p.m. Place a classified ad online at: www.bostonglobe.comclassifieds Display Adv.

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