The Boston Globe from Boston, Massachusetts on July 14, 2015 · B4
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The Boston Globe from Boston, Massachusetts · B4

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Tuesday, July 14, 2015
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B4 Metro The Boston Globe TUESDAY, JULY 14, 2015 Drowned UMass student recalled Family, friends mourn athlete By Alexandra Koktsidis and Aimee Ortiz GLOBE CORRESPONDENTS Oluwatoni Onikeku, known as "Toni" to friends and family in Fitchburg, was a rising senior majoring in political science at the University of Massachusetts Lowell and a 20-year-old with grand ambitions for the future. But on Sunday, those hopes and dreams came to an end in a river in Deerfield. Onikeku was swimming with friends in the Deerfield River near Stillwater Bridge when something went wrong and he drowned, Deerfield police said in a statement. Police and other responders were called to the area at 5:25 p.m. "He was a very good kid," his mother, Chinelo, said by phone Monday. "He was hard working in his education, and very devoted to sports." Onikeku was a high jumper and sprinter for the track and field team, the River Hawks, at UMass Lowell, where he earned several medals, according to a statement from the team. "Onikeku will be remembered as an athlete, a student, an active member of the campus community and, by most people, as a friend," the team said. "Toni was one of the leaders on our team," coach Gary Gardner said Monday night. Gardner explained that Onikeku was a member of the Student-Athlete Advisory Committee, and held a leadership position. In the hours after the news that Onikeku 's body had been recovered, the UMass Lowell athletics community began collectively mourning on social media. The hashtags FlyHighTO and ForeverARiverhawk accompanied Onikeku's photos as his teammates and friends posted memories, support messages, and thoughts of disbelief to Facebook, Twitter, and Insta-gram. Onikeku had also been involved in track and field at Fitchburg High School, where he broke a 40-year-old record for the high jump, his mother said. According to Onikeku's mother, the family had been in Fitchburg for 13 years. "He loved it here," she said, adding that the family moved to the city after living in Boston for seven months, and before that, Nigeria. She said that at Fitchburg High, her son was in the National Honor Society and on the dean's list. He graduated in 2012. After college, Onikeku had planned on getting his master's degree in public health, and then his PhD, his mother said. "On Wednesday he was telling me, 'I'm going to have my PhD by 23,"' she said. Alexandra Koktsidis can be reached at alexandra. koktsidisglobe.com. Aimee Ortiz can be reached at aimee. ortizglobe. com. Public Notice of Environmental Permit Application Massachusetts Department of Environmental Protection Division of Wetlands and Waterways Western Regional Office 436 Dwight Street Springfield, MA 01 103 413-784-1100 Public Notice Pursuant to 33 U.S.C. 1341 and M.G.L. c. 21 26 - 53, notice is given of a 401 water Quality Certification application for the Housatonic Railroad Bridge Repairs Project by Timothy Doherty Director of Rail Programs, Massachusetts Department of Transportation Rail 8 Transit Division on the Housatonic Railroad in the towns of Sheffield, Great Barrington, Stockbridge, Lee and Lenox. Additional information may be obtained from Dr. Lars Carlson, Jacobs Engineering Inc., 343 Congress Street, Boston, MA 02210, 617-532-4387, Lars.CarlsonJacobs.com. Written comments should be sent to MassDEP western Regional Office, wetlands Protection Program, 436 Dwight Street, Springfield, MA 01103, within twenty-one days of this notice. Any group often persons, any aggrieved person, or any governmental body or private organization with a mandate to protect the environment who submits written comments may appeal the Department's Certification. Failure to submit written comments before the end of the public comment period may result in the waiver of any right to an adjudicatory hearing. Now place your want ads whenever you want ads. Create your ad today at boston.comhionster Lawyer Michael Kendall (left), congratulated his client, Raymond Tempest, as the judge vacated Tempest's murder conviction. He was convicted 23 years ago for the killing of Doreen Picard in 1982. Man's murder conviction is vacated TEMPEST Continued from Page Bl In a 78-page decision, Pro-caccini held that Tempest's due process rights were violated before and during his trial, and that "justice demands the setting aside of his conviction." "While Mr. Tempest has failed to provide any newly discovered evidence supportive of his claim of innocence, it is clear that he was deprived of a fair trial when he was found guilty." The state attorney general's office said it would appeal the decision to the state's Supreme Court, and was confident it would prevail. "Clearly, we are disappointed in the outcome," Attorney General Peter Kilmartin said in a statement. "While we continue to evaluate the decision in depth, with all due respect to the court, we disagree with the outcome, and we fully intend to appeal." Tempest, 62, remains in custody but he could be released to home confinement early next month as he awaits the outcome of the appeal. "I don't want him outside the confines of a home," Procac-cini said. Tempest "respects the pro-cess and wants to see it through," his lawyer said. If released on bail, he would stay with family in Rhode Island. Tempest has maintained his Insurers asked to improve health cost sites INSURERS Continued from Page Bl vide cost estimates upon request. The Health Care for All report is the second analysis in less than a month to find fault with the law's implementation. Three weeks ago, the Pioneer Institute, a public policy think tank, released a survey of 22 hospitals that found that nearly all were unable to answer questions about cost within two business days as required. To conduct its evaluation, Health Care for All developed its own criteria for accessibility, LEGAL NOTICE OF PUBLIC HEARING Massachusetts wetlands Protection Act And westwood wetlands Protection By-law, Article 18 The westwood Conservation Commission will hold a public hearing, under M.G.L, Chapter 131, Section 40 and Article 18 of west-wood General Bylaws on: Date: July 22, 2015 Time: 7:00 pm Place: 50 Carby Street A permit is requested by Michael whalen Address - 434 Dover Road, westwood, MA 02090 The project is located at 1 96 Conant Road, westwood, MA 02090 A complete copy of this filing is available to the public at the Office of the Town Clerk. Notice of the Conservation Commission meeting is posted in Town Hall not less than 48 hours in advance as required by Open Meeting Law. westwood Conservation Commission boston.com powered by SarSupus innocence throughout his pris-on term, and asked for the court to do the same. But Pro-caccini said there had been "no grand repudiation of the prosecution's case," and denied the petition. In March, Tempest testified that he didn't tell the police that he had been drinking and smoking marijuana with friends at the time of the killing because he was worried about embarrassing his father, a Providence County sheriff, and his brother, a Woonsocket police officer, according to the Providence Journal. Even after he was charged with murder, he didn't tell his lawyer where he was, the newspaper reported. Tempest was not indicted in the high-profile case, which Procaccini wrote had "consumed the collective consciousness of northern Rhode Island," until nine years after the murder, and was found guilty despite "a dearth of physical evidence" tying him to the scene. Several witnesses testified that Tempest had told them he had killed Picard years before. But the initial investigation into the slaying was completely mismanaged, the ruling found. The crime scene, the basement of the triple-decker apartment, was never properly secured and the only person available to gather evidence was unfamiliar with standard procedures. Tempest's lawyers had also comprehensiveness, and usefulness in guiding decisions. Staff members visited the websites of the three biggest insurers, which together cover four out of every five people with health insurance in Massachusetts. They searched for cost information on about 20 common conditions and procedures, such as diabetes care or knee replacement, and graded each plan on each criterion. Overall, Blue Cross got a grade of C-, while Harvard Pilgrim and Tufts each got a C. The survey found quirks that might quickly defeat consumers. For example, on the Tufts site searching for "MRI chest" will provide no answers; it is necessary to type "MRI of the chest." Blue Cross had no information on behavioral health costs and prescription drugs. But Harvard Pilgrim and Tufts won praise for clearly showing the cost to the patient and comparing providers, and Blue Cross got a high mark for detailed information about providers. "It's a work in progress," said Bill Gerlach, Blue Cross's senior director of consumer engagement solutions. Blue Cross has worked on "significant enhancements" that will be online by the end of the year, he said. "We're trying to really empower consumers to be better health care consumers," he said. "This stuff is new. It's going to take time to get them up to speed." He noted that those who Tempest has said he didn't tell the police that he had been drinking and smoking marijuana with friends at the time of the killing because he was worried about embarrassing relatives. presented two new pieces of evidence a deed casting doubt on the testimony of a key prosecution witness, and DNA evidence showing that hair found in Picard's hand did not belong to him. But the ruling noted that the witness's testimony was picked apart at trial and exposed as a blend of "inconsistences and half-truths." "In spite of this, a guilty verdict stuck," the judge wrote. The judge said the DNA evidence was not enough to prove Tempest's innocence, and noted that the hairs found in her hand belonged to at least two different people. But Procaccini found that 'There was an awful lot of room for improvement. Not one Vebsite was intuitive.' AMY WHITCOMB SLEMMER Executive director of Health Care for All, referring to health insurers' available online cost-estimate information can't get what they need online can get cost estimates by phone. The cost-estimating website gets 70,000 to 75,000 hits per month, a fraction of Blue Cross's 2.3 million subscribers. Asked to comment, Tufts and Harvard Pilgrim e-mailed statements saying they are committed to providing price information to consumers and will continue to refine and improve their sites. Pete Fullerton, spokesman for the state Office of Consumer Affairs and Business Regulation, said the law does not specify a penalty for failing to meet its transparency requirements. Barbara Anthony, who championed the transparency provision in her previous role as the state's undersecretary of consumer affairs, said it is essential for insurers to make their cost information easy to find and use, and to publicize that it is available. "You cannot build it and ex- MARY MURPHYPOOL prosecutors did not disclose statements that cast doubt on the government's theory that Tempest was driven to Picard's apartment in a maroon car, the only piece of evidence linking him to the crime scene. The judge also ruled that police "fed witnesses information in an effort to move the case against Mr. Tempest forward." For example, in three interviews after the murder, one woman never mentions seeing an unfamiliar car at the house. But after a phone conversation with an investigator 10 years later, "her memory is conveniently jogged," he wrote. "Just in time for trial, she miraculously recalls seeing a strange car parked outside 409 Providence Street," he wrote. "After a decade-long amnesia," she is able to provide police with "exactly what they want eyewitness testimony linking Mr. Tempest to the scene." The Picard family declined to comment. In his statement, Kilmartin thanked the Picard family for their "patience and graciousness" during the appeal process. "Legal meanderings aside, we cannot forget that a young woman was brutally murdered, and her family still grieves her loss every day," he said. Peter Schworm can be reached at schwormglobe.com. Follow him on Twitter globepete. pect people to come. You must give them a road map," said Anthony, who is now a senior fellow in health care with the Pioneer Institute. But all this work is for "a lost cause," said Alan P. Sager, professor and director of the Health Reform Program at the Boston University School of Public Health. Giving consumers price information won't reduce costs, he said, because "it shoots at the wrong target." Even if consumers get better information on quality and price, they still rely on doctors to tell them what care they need, and they are unlikely to make dispassionate price-based decisions about matters of health, Sager said. Wealthy people won't be influenced by price, he said, and poor people won't choose more appropriate care they will cut back on it all, including care they need. He called higher deductibles and copayments "a tax on the sick." Lynn Quincy, associate director of health policy at Consumers Union, agreed that consumers "aren't going to move the market." And price transparency won't "fix the irrational pricing we have," she said but it will expose it to policy makers. Also it's only fair to reveal the costs, she said: "There's no reason for it to be opaque." Felice J. Freyer can be reached atfelice.freyerglobe. com. Follow her on Twitter felicejfreyer Article on lab at Harvard retracted PRIMATES Continued from Page Bl way. The research center, located in Southborough, closed in May following a litany of troubles in the past five years. Department of Agriculture inspectors found numerous violations of animal welfare rules after the deaths, an embarrassment that caused consternation across the university. It paid a $24,000 fine to the Department of Agriculture for violations of the Animal Welfare Act. When Harvard announced its closure in 2013, to the shock of many in the research community, Medical School dean Dr. Jeffrey Flier said the decision was because of constrained finances and had nothing to do with the animal-care problems. Established by Congress in 1962, the center is one of eight national centers supported by taxpayer funds and has made major contributions to HIV research and neuroscience. In 2012 the center housed 2,058 monkeys, had 231 employees, and brought in about $25 million annually in federal funding. The author of the scholarly article, Andrew Miller, is a former Harvard researcher who now works at Cornell University College of Veterinary Medicine. Miller said in an e-mail that his team chose to retract the paper because they learned that four of the 13 monkeys they studied lacked water for an unknown period of time. They therefore could no longer attribute the monkeys' condition to illness, he added. Miller also said "every staff member, regardless of their role, worked tirelessly to ensure the health and safety of the animals housed at that facility." Miller's 2014 study at the Harvard center, whose findings were published in the retracted paper, said the monkeys stopped drinking because they were sick with other illnesses. But the center's former director, Frederick Wang, as well as outside specialists, raised questions about those findings earlier this year. Wang, who ran the center from September 2011 to February 2012, furnished a spreadsheet that showed a dozen squirrel monkeys were found dehydrated and dead in their cages or euthanized between 1999 and 2011, suggesting there were far more suspicious deaths at the center than originally believed. The dead monkeys includ-ed a 10-year-old female whose water line was malfunctioning, a 4-year-old female that had no water spout in her cage, and a 3-year-old female unable to drink because her tooth was caught in a jacket. Wang, a Harvard Medical School professor, said the article could lead to "unwarranted research" because it misleadingly suggested hy-pernatremia a condition commonly caused by dehydration develops spontaneously in the species. What Miller had actually studied, Wang said, were the results of inadequate care. In April, Harvard responded to Wang's allegations with a statement describing its many reviews and changes to fix problems at the center. The medical school issued a statement Monday night that said it is committed to "rigorously maintaining the integrity of our research" and reviews all concerns brought to its attention. The retraction was first reported by the website retrac-tionwatch.com. Laura Krantz can be reached at laura.krantzglobe.com. Follow her on Twitter laurakrantz.

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