Adams Couple Found Guilty in Foster Child's Death

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PITTSFIELD, Mass. — An Adams couple have been found guilty in the 2020 death of their 10-month-old foster child.
 
Matthew Tucker and Cassandra Barlow-Tucker were found guilty of involuntary manslaughter and reckless child endangerment in the death of Kristoff Zenopolous on Feb. 18, 2020.
 
A Berkshire County Superior Court jury returned the verdict on Monday. Assistant District Attorneys Andrew Covington and Stephanie Jimenez prosecuted the case as special prosecutors from the Northwestern District Attorney's Office because of a conflict of interest with the Berkshire DA's Office. 
 
Evidence presented at trial showed that the child died after the defendants failed to seek medical treatment despite clear and obvious signs that he required care, according to the DA. The medical examiner determined that the child died from complications of a strep infection, bronchopneumonia, and empyema, a condition in which pus accumulates in the lungs and chest wall. 
 
Medical experts testified at trial that these conditions are routinely treatable with timely medical care. The six-day trial included testimony from 14 witnesses. After approximately 2 1/2 hours of deliberation, the jury returned guilty verdicts against both defendants on charges of involuntary manslaughter and reckless child endangerment. 
 
Kellie Beaulieu served as the victim-witness advocate. 
 
The Tuckers were indicted by then District Attorney Andrea Harrington in 2021 but the charges were dismissed the following year by Superior Court Judge John Agostini, who found the evidence too circumstantial. His findings were overruled by the Supreme Judicial Court in 2023. Current Berkshire District Attorney Timothy Shugrue recused himself because he had consulted with the Tuckers as a defense attorney. 
 
The Tuckers' defense maintained that they had been dealing with sickness within the family for months, had consulted with doctors and the Department of Children and Families, and were missing records for Kristoff. The couple have four children, two of whom are adopted. 
 
"The child should be celebrating his seventh birthday next month. Instead, he died at just 10 months old because the defendants, his foster parents, failed to seek medical treatment despite clear and obvious signs that he needed care," said Covington. "As special prosecutors assigned to this case, we felt a duty to see the matter through and ensure accountability."
 
Matthew Tucker was represented by attorney Jillian Sheldon of Pittsfield. Cassandra Barlow-Tucker was represented by attorney Jacqueline Dutton of the Committee for Public Counsel Services. The case was presided over by Superior Court Judge Tracy Duncan. 
 
Sentencing is scheduled for Thursday at 11 a.m. in Berkshire County Superior Court. Involuntary manslaughter carries a maximum sentence of up to 20 years in state prison and reckless child endangerment carries a maximum sentence of up to 2.5 years in the House of Correction. 
 
"The Commonwealth would like to thank State Police Detective Lt. Ryan Dickinson and Detective Michael Wandrei from the Adams Police Department for their thorough investigation," Covington said. 

Tags: manslaughter,   

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Adams Fire Deliberates Next Steps on Retirement Mandate

By Breanna SteeleiBerkshires Staff

ADAMS, Mass. — The Fire Department is seeking clarifications on how the state's mandatory retirement age for firefighters will affect its older members who aren't involved in firefighting. 

Earlier this month, the Fire District questioned the impact of the retirement mandate after four Dalton firefighters, including the interim chief, had to retire.

During a workshop on Monday, board members said they will seek a legal opinion regarding the district's available options. With Chief John Pansecchi set to retire, First Assistant Engineer David Lennon intends to run for the chief position, while Edward Capeless plans to run for Lennon's current role.

Pansecchi went over some of the department's policies, stating that members 65 and older are just support members and are exterior only (as opposed to entering a building).

The board is looking to also clarify its insurance related to what ages it covered. 

"We have documentation that in 2021 our insurance company said that we were covered for everything, but after 70 we weren't covered for heart circulation. We're trying to verify the current age," Pansecchi said, stating the company may have changed its policies.

He also would like to know if the district creates a separate support person, what would be needed to make sure they cover their insurance bases.

Lennon brought examples from other communities which have had to deal with the mandatory retirements and how they used home rule petitions through the Legislature to keep older firefighters on. Some had done it by department and some by individuals, and got district meeting votes before applying. 

They plan to ask state Rep. John Barrett III to guide them on a home-rule petition as well as look at sample language from others who have applied.

Lennon suggested having fire company members who are 65 and older not wear fire gear at a scene,  but rather a coat or vest that will show they are affiliated with the department.

"What we would like to do, to keep the Prudential Committee comfortable with what's going on, because we do want to have safety for all of our firefighters," he said. "The safety of my guys that are inside are directly affected by the person I have outside. So he's making judgement calls, and he's getting resources that we need, and there needs to be somebody to do that.

"And when take some of those people away that can do that, but can't be interior, we remove more interior people, which is not advantageous."

He said Capeless is a valuable asset as he usually is outside of the fire.

"We just had a structure fire, and the way that worked was, we got to work. We took over command, stayed outside. He did the radio work. He got resources while the people were inside. Now, if we take that out of that picture, that means one of the people working [inside] has to now go outside, and so that's where we come down to," Lennon said.

The team is also working with legal counsel to find out if support members should be driving the vehicles and what other liability exposures there might be.

Pansecchi said the department is comprised of a core of 15 members and will lose one once he leaves next month, and the loss of another five affected by the mandate will have a deleterious impact.

"Thirty-three on the roster. If you remove these five individuals, bring us down to 28 out of those, one's on regular military leave, two apprentices have not been showing up and may be removed in their future, one of the engineers has not responded to a call in months," he said. "That brings us down to 23 then we have about eight members, not including the above members, that have made less than 10 percent of the calls." 

Board members agreed to start the uniform differential with the older members and said  they will consider next once they have more information.

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