Tuesday, January 24, 2012

Westfield Magistrate Lets Driver Walk in Hit-Run

Nathan A. Byrnes
Assistant Clerk-Magistrate
Westfield District Court, Westfield, Massachusetts
"There was no probable cause found to go a step further."

--
Meredith Nilan's attorney, Timothy J. Shugrue
-------------------------------
Reprinted from The Berkshire Eagle:
'No charges filed in December car, pedestrian accident'

By Andrew Amelinckx, Berkshire Eagle Staff
Wednesday January 18, 2012

PITTSFIELD -- No criminal charges will be filed against a 24-year-old driver in connection with a December accident that left a city man with severe injuries, according to the driver's lawyer.

Meredith Nilan's attorney, Timothy J. Shugrue, said a 2 1/2-hour "full evidentiary hearing" before Assistant Clerk Magistrate Nathan A. Byrnes from the Westfield District Court was held on Thursday.

"There was no probable cause found to go a step further," Shugrue said on Tuesday.

The Pittsfield Police filed applications for criminal complaints in district court against Meredith Nilan, the daughter of
Clifford Nilan, who is the chief of probation at Berkshire Superior Court in Pittsfield.

Police planned on charging her with two misdemeanors: leaving the scene of a personal injury accident and negligent operation of a motor vehicle.

According to police, Meredith Nilan, driving her father's 2001 Subaru Forester, swerved into the other lane and struck Peter Moore while he jogged with his dog on Winesap Road near East Street in Pittsfield on the evening of Dec. 8.

Meredith Nilan told police she was on her way to meet her boyfriend for dinner when she hit either a dog or a deer. She stopped, but didn't find anything she hit. She then returned home and went out with her father looking for evidence of what she may have hit, but couldn't find anything, according to her attorney. Clifford Nilan later called police to report the accident.

Moore, who left the scene after being hit and didn't seek medical attention until early the next morning, suffered a fractured calf bone and a broken vertebra, a bruised colon, trauma to the left side of his body, a concussion and abrasions "from head to toe."

"It was an accident," Shugrue said, adding that his client "feels bad someone was hurt."

Pittsfield Police Capt.
John Mullin declined to comment on the case.

The hearing was held Thursday morning, but show-cause hearings are off-limits to the press and public.

The clerk who heard the case was not familiar with anyone involved, according to Shugrue.

Shugrue said it would be up to a district court judge whether to allow an appeal of not.

"Nothing has been filed as of this [Tuesday] afternoon to my knowledge," said Shugrue. "This should be the end of it." <<<<<

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Thursday, January 19, 2012

Nilan 'Hit-and-Run' Victim Peter Moore

(Photograph #1 - Click on image to enlarge.)
By G.M. Heller
Published: Thursday, January 19, 2012


PITTSFIELD -- A massive swelling the size of a half grapefruit is plainly evident on the cranium of 'hit-and-run' accident victim Peter Moore, shown here recovering in a Berkshire Medical Center hospital bed. An overhead fluorescent light clearly outlines the contours of Moore's severe head injury received when Moore, jogging the evening of December 8, 2011 along a well-lit section of Winesap Road in 'The Orchards' neighborhood of Pittsfield, was hit head-on and catapulted nearly face-first into the windshield of an SUV driven at a high rate of speed by Meredith Nilan, 24, a neighbor living just down the same street.

The impact left the SUV's windshield with a head-sized hole (seen close-up below), along with the vehicle's front-end damaged and dented. Moore himself sustained injuries that were extensive, including a concussion, fractured calf bone, a broken vertebra, a bruised colon, trauma to the left side of his body, and abrasions "from head to toe," according to the report filed by Pittsfield police. The 2001 Subaru Forester is registered to Ms. Nilan's father, Clifford J. Nilan, chief probation officer at Berkshire Superior Court Probation Department in Pittsfield.

(Photograph #2 - Click on image to enlarge.)
Peter Moore, shown here recovering at Berkshire Medical Center, was the victim of a hit-and-run driver the evening of December 8, 2011 while jogging with his dog along Winesap Road near his Pittsfield home. Here, registered nurse Amy Ruef scans Moore's medical bracelet used to track and dispense his medication.
Photo Credit: Ben Garver / Berkshire Eagle Staff

(Photograph #3 - Click on image to enlarge.)
A large round hole is evidence of the intensity of the impact made by Peter Moore's face and forehead into the center of the SUV's windshield.
Photo Credit: PLANET VALENTI

(Photograph #4 - Click on image to enlarge.)
Front-end damage, including missing grillework and severe hood indentations on a 2001 Subaru Forester registered to Clifford J. Nilan of Pittsfield, is evidence of the SUV's head-on collision with jogger Peter Moore. The accident vehicle is shown here photographed in The Nilan's driveway at 72 Winesap Road in Pittsfield. Nilan's daughter, Meredith, is fighting charges she was driving and struck Moore head-on, then drove off. Moore lives around the corner on McIntosh Drive.
(Compare the damaged Subaru Forester's hood and grillework to the photograph below of the same year model Subaru in mint condition.)

Photo Credit: PLANET VALENTI

(Photograph #5 - Click photo to enlarge.)
A 2001 Subaru Forester SUV for sale at Alibaba.com of approximately the same color and style as that of the SUV that struck Peter Moore head-on, then sped off.
Photo Credit:
Alibaba.com


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Write to G.M. Heller at editor@berkshirerecord.com

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Saturday, January 14, 2012

Probation Chief's Kin Gets Preferential Treatment in 'Hit-and-Run' Case

Courtroom Cover-Up: Nilan 'Hit-and-Run' Hearing Closed to Public
Pittsfield's GOB Democrats Protecting Their Own
Hearing Date Kept Secret -- Patronage Appointee Speranzo Presiding
Probation Chief Nilan 'Pulling Strings' AGAIN?


by G.M. Heller
Published: Saturday, January 14, 2012

PITTSFIELD -- "The date of that hearing is not being made public," according to blogger Dan Valenti referring to the magistrate's hearing in the case involving Meredith Nilan, 24, a risk assessor at Berkshire Bank and daughter of Superior Court probation chief Clifford J. Nilan, alleged to be the driver of an SUV involved in a hit-and-run accident that severely injured a local jogger, Peter Moore, and tore fur from Moore's dog.

The accident left Moore broken and bleeding on a neighborhood street in Pittsfield the evening of December 8, 2011 (see below for a list of Moore's reported injuries detailed by blogger Valenti).

Writing in this past Thursday's (January 12) edition of PlanetValenti.com, Valenti also reports that the court hearing, which will determine whether a criminal complaint should issue against Ms. Nilan, "apparently, will not be open to the public."

According to Valenti, the Pittsfield Police Department took more than a month to issue a citation against Ms. Nilan for the accident that took place along Winesap Road not far from where the subdivision road meets East Street. The citation is dated January 10, 2012; the alleged hit-and-run occurred December 8, 2011.

> Clifford J. Nilan, chief probation officer, Berkshire Superior Court, alleged owner of SUV involved in hit-and-run that severely injured jogger Peter Moore and his dog early in the evening December 8, 2011. >

According to The Berkshire Eagle, the accident vehicle, a 2001 Subaru Forester, is registered to Ms. Nilan's father, Clifford J. Nilan, whose official title is Chief Probation Officer for Berkshire Superior Court Probation Department in Pittsfield.

In 2010, Mr. Nilan, was one of those investigated by the Massachusetts Probation Department in the 'pay-for-play' scandal alleging improprieties, patronage hiring, and other irregularities in MPD under the administration of longtime commissioner, John J. O’Brien.

According to The Eagle's published report from November 11, 2010 written by reporter Conor Berry, Mr. Nilan was "admonished for mishandling the case of Angelo C. Stracuzzi, the former CEO of Greylock Federal Credit Union."

Berry wrote: "The Supreme Judicial Court appointed Paul F. Ware, a high-profile Boston attorney, to lead an independent probe of the (probation) department after a May (2010) report by the Boston Globe (Spotlight Team) uncovered alleged improprieties in the Probation Department."

In a statement issued at the time by the Mass. Probation Department and reported in The Eagle, MPD's investigators wrote: "The (Stracuzzi) case was misclassified and did not follow probation standards, which require avoidance of any actions that suggest or imply a lack of impartiality and avoidance of any conflict of interest."

Berry reported: "Stracuzzi resigned from the Pittsfield-based (Greylock Federal) credit union in June (2010) after The Eagle exposed his criminal background and personal and professional relationship with (Clifford J.) Nilan, a member of Greylock's board of directors while Stracuzzi was on probation with Nilan's department."

Berry also wrote: "Although Nilan was reprimanded for failing to follow proper protocol, state Probation Department officials in Boston declined to divulge details of his punishment, which they stated remains a confidential personnel matter. Nilan is still employed by the Massachusetts Trial Court."

According to Berry, "Following a review of Stracuzzi's case, which was transferred from Maine to Berkshire Superior Court in 2005, probation officials now acknowledge the case 'was not handled in compliance with the practices, policies and guidelines of the Office of the Commissioner of Probation.'"

< Meredith Nilan, alleged driver in hit-and-run that severely injured jogger Peter Moore and his dog early in the evening December 8, 2011; daughter of Berkshire Superior Court probation chief Clifford J. Nilan .

Fast forward 13 months to January 2012 and Clifford J. Nilan, referred to by blogger Valenti as a Pittsfield "Good Ol' Boy," is back in the news, apparently taking "actions that suggest or imply a lack of impartiality" and failing yet again to avoid appearance "of any conflict of interest," this time in a matter closer to home -- literally -- involving his eldest daughter and a vehicle registered to him alleged to have struck a pedestrian before speeding off.

This past Thursday, January 12, PlanetValenti.com reports:
"(Meredith) Nilan was cited with two misdemeanors. A clerk magistrate will conduct a hearing to determine if there’s enough evidence to charge Ms. Nilan. Clerk Mag (sic) of the Central Berkshire District Court -- Superior Court -- is none other than Chris 'No Show' Speranzo. As you recall, this was one of the scenarios outlined as a concern when No Show quit as state rep to walked into a stacked vote to receive his lifetime $110,000 job: That he would be a GOB friend on the inside for just such situations, that is, if the GOBs needed a favor from inside the courts. THE PLANET is not suggesting that Speranzo is incapable of making an honest and fair judgment. He should understand, though, that all eyes will be upon him to render justice, not inside favors, for the daughter of a GOB’s GOB. The magistrate will determine if there is enough evidence to send it to trial. If not, it just goes away, no harm, no foul."

> Christopher N. Speranzo, newly-appointed Clerk Magistrate, Central Berkshire District Court in Pittsfield; a Democrat patronage appointee of Gov. Deval Patrick. >

Valenti goes on to report:
"(Meredith) Nilan’s father is Central Berkshire probation chief Clifford 'Cliffy' Nilan. THE PLANET considers instructive this piece of recent local history: When (Clifford) Nilan learned that his buddy, then president of Greylock Federal Credit Union, Angelo Stracuzzi, had been arrested in July 2005 on consecutive days, charged by Biddeford, Maine, police with four counts involving the molestation of teenage boys, (Clifford) Nilan said and did nothing, either as an officer of the court or as a member of the Greylock board. (Clifford) Nilan said nothing. We know this from the testimony of Greylock VP John Bissell. Bissell said when the story broke and — as far as we know, continues to say — that for five years, the Greylock Board had no idea their chief had become embroiled in scandal."

Valenti then poses this question, "Did Nilan use his influence to obtain favorable ..... treatment for a friend?"

Valenti lists what he alleges are "facts" in the case alleging Meredith Nilan's hit-and-run:
-- "Police issued a criminal citation for two misdemeanors: leaving the scene of a personal injury accident and negligent operation of a motor vehicle."
-- "Moore lost a large amount of blood, a broken leg, broken vertebrae, bruises, trauma to the left side of his body, a concussions (sic), and cuts all over his body. In short, he suffered catastrophic injuries. This was no brush-by, oops, sorry, see ya’ later. A man was almost killed."
-- "Though Ms. Nilan was the driver, her father owns the car. A Pittsfield detective source tells THE PLANET that 'charges could be coming against [Cliff Nilan]. Ms. Nilan’s lawyer, Tim Shugrue (former candidate for District Attorney), admits that his client and her father went back to the scene of the accident, looking for evidence." Valenti poses what he calls a "fair question": "Did they remove, alter, hide, or in any other way tamper with evidence?"

Valenti asks more questions: "As reported by the Berkshire Eagle, photos of the vehicle showed a head-sized hole in the windshield and dents in the hood. (Clifford J.) Nilan called police at 9:30 on the night of Dec. 8, 90 minutes after the accident. He told them his daughter hit 'either a dog or deer.' Why did he make that phone call? Ms. Nilan is of age. She holds a responsible job. She’s an adult. Why didn’t she get on the blower to speak to the police? Was she too discombobulated? Was she too upset? Was she too inebriated? Was she too used to daddy cleaning up her messes? Was it something else?" asks Valenti.

Valenti asks: "Was there alcohol involved? It has been reported that Ms. Nilan’s speeding, northbound car 'swerved' into the southbound lane. Is 'swerve' code for DUI? That same evening, Dec. 8, Berkshire Young Professionals, a sub-group of the Berkshire Chamber of Commerce, had a 'Networking Social' at Allium Restaurant in Great Barrington. Was she drinking? The social has listed hours of 5 to 7 p.m. The accident occurred that night at about 8:15 p.m. Have police interviewed people who were there?"

Valenti: "The police account of the accident and Ms. Nilan’s differ in many respects. She says it occurred at 9 p.m. Police say 8:15. She says it took place on East Street and McIntosh Road. (Berkshire Blog editor's note: The Eagle reports "Meredith Nilan told police she was on her way to meet her boyfriend for dinner about 9 p.m., when she hit either a dog or deer near the intersection of Winesap Road and McIntosh Drive.") Police found no evidence there. Moore, the victim, said it happened at the corner of East and Winesap. There, police found lots of blood and some dog fur. Who is telling the truth?" asks Valenti.

One thing Valenti forgets to mention is that The Nilan residence is just down the street from where Mr. Moore and his dog had their alleged run-in with the Nilan's SUV; it's a neighborhood where Meredith Nilan has been raised for the past 22 of her 24 years.

According to Yahoo! Maps, the distance from The Nilan's driveway to the spot where Mr. Moore and his dog were allegedly struck by the Nilan SUV going north (traveling at what Mr. Moore said was "a high rate of speed" and swerving) measures approximately o.2 miles -- 1,056 feet -- a spanse that takes just 20.6 seconds to cover at 35 miles-per-hour.
SEE: Yahoo! Map showing site of alleged hit-and-run involving Nilan SUV relative to location of the Nilan residence.

To the list of facts and questions posed by Mr. Valenti, add the following observation: The Nilans have lived at their Winesap Road address for more than 22 years, moving in when daughter Meredith was about two years old. Ms. Nilan has therefore grown up in this small neighborhood, a subdivision known as 'The Orchards'.

As such, the lady likely knows the neighborhood as well as anyone else who's lived in The Orchards for over two decades.

Ms. Nilan’s statement to police that she believed she "hit either a dog or deer," when in fact it was a dog and a man, could be construed as de facto admission by Ms. Nilan that she was, for as yet unexplained reasons, impaired and highly disoriented that night.

What factors caused Meredith Nilan to be in such condition at quarter after 8 on a Thursday eve? <<<<<

SEE:
"MORE QUESTIONS RAISED IN MEREDITH NILAN HIT-’N-RUN CASE"
by Dan Valenti, PlanetValenti.com, January 12, 2012.
ALSO SEE:

"Alleged: Pittsfield Probation Chief's SUV in Hit-and-Run; Daughter a Suspect"
by G.M. Heller, Berkshire Blog, January 08, 2012.

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Reprinted from The Berkshire Eagle:

Police connect SUV to hit-and-run accident

By Andrew Amelinckx, Berkshire Eagle Staff
Wednesday, January 11, 2012

PITTSFIELD -- Police say they have connected an SUV owned by the county's chief probation officer and driven by his daughter to a hit-and-run accident last month that seriously injured a man jogging with his dog on a city road.

Police believe Meredith Nilan was heading north in her father Clifford Nilan's 2001 Subaru Forester on Winesap Road the evening of Dec. 8 when she swerved into the southbound lane and struck Peter Moore, who was headed north, according to a Pittsfield Police accident report.

"We have a driver, we have a victim and we have a vehicle," said Pittsfield Police Capt. John Mullin.

A criminal citation for two misdemeanors -- leaving the scene of a personal injury accident and negligent operation of a motor vehicle -- were lodged against Meredith Nilan in District Court.

The case will go before a clerk magistrate for a show-cause hearing to determine if there's enough evidence to charge Meredith Nilan. If no probable cause is found, the charges would be dismissed. If probable cause is found, a court arraignment would take place. The hearing date, as well as the hearing itself, is not public information.

Nilan's and Moore's accounts of where and when the accident took place on Winesap Road differed, but police determined Moore's description of the accident site was correct. Police used a search warrant to inspect the car during their investigation.

About 8:15 p.m. on Dec. 8, Peter Moore was hit by a car while jogging with his dog on Winesap Road near East Street. He suffered a fractured calf bone and a broken vertebrae, a bruised colon, trauma to the left side of his body, a concussion, and abrasions "from head to toe."

Meredith Nilan told police she was on her way to meet her boyfriend for dinner about 9 p.m., when she hit either a dog or deer near the intersection of Winesap Road and McIntosh Drive.

Her attorney, Timothy J. Shugrue, said on Friday that she isn't sure what she hit and that she went back to the site with her father, but they couldn't find any evidence of what she may have hit. Clifford Nilan later called police to report the accident.

The intersection where Meredith Nilan told police she struck something is south of where police say they found a large amount of blood and dog fur and where Moore said he was struck by a vehicle traveling at a high rate of speed. Moore was unable to give a description of the vehicle that hit him.

Moore walked home and went to bed without reporting what happened. Early the next morning, he went to Berkshire Medical Center where he was treated for his injuries and released nearly a week later.<<<<<

SEE:
'Police connect SUV to hit-and-run accident'
by Andrew Amelinckx, The Berkshire Eagle, Wednesday, January 11, 2012

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Write to G.M. Heller at editor@berkshirerecord.com

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Sunday, January 08, 2012

Alleged: Pittsfield Probation Chief's SUV in Hit-and-Run; Daughter a Suspect

Peter Moore, shown here recovering at Berkshire Medical Center, was the victim of a hit-and-run driver the evening of December 8, 2011 while jogging with his dog along Winesap Road near his Pittsfield home. Here, registered nurse Amy Ruef scans Moore's medical bracelet used to track and dispense his medication. Photo Credit: Ben Garver / Berkshire Eagle Staff

Three attendees at a 'Happy Hour' for Berkshire Young Professionals held December 8, 2011 at Allium Restaurant in Great Barrington, MA. The event, billed as a 'Networking Social', attracted at least seventeen persons including, L-R: Brent White, Meredith Nilan and Alfred E. 'Alf' Barbalunga. Photograph above is reprinted from BYP's Facebook page which claims the photo was taken during the event.
According to BYP's official invitation, posted to BYP's Facebook page, and reproduced below, the social event was scheduled to go from 5 p.m. to 7 p.m.. The 'hit-and-run' accident on Winesap Road in Pittsfield, which is alleged to have involved an SUV driven by Ms. Nilan, took place at approximately 8:15 p.m.. The SUV, reported to be a 2001 Subaru Forester, is registered to Ms. Nilan's father, Clifford J. Nilan,
chief of probation at Berkshire Superior Court in Pittsfield.
SEE: BYP - Facebook photo

December 2011 "Invitation to 'Networking Social'" posted to BYP's Facebook page:
"Join the Berkshire Young Professionals for their December Networking Social at Allium tomorrow (Thursday, 12/8) from 5-7 pm. FREE for BYP Membership Cardholders or for those with a Holiday Wish gift. $5 for all others. To register, email Christine Hoyt at the Berkshire Chamber of Commerce or call 413.499.4000 x10.
"
SEE: BYP - Facebook Page

ALSO SEE: "Probation Chief's Kin Gets Preferential Treatment in 'Hit-and-Run' Case"
by G.M. Heller, Berkshire Blog, January 14, 2011.

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Reprinted from The Berkshire Eagle:

Cloud surrounds alleged hit-and-run

By Andrew Amelinckx, Berkshire Eagle Staff,
Saturday January 7, 2012

PITTSFIELD -- A car owned by a chief probation officer and driven by his daughter is at the center of a police investigation into an alleged hit-and-run accident early last month that left a man with severe injuries.

< Clifford J. Nilan, Chief of Probation, Berkshire Superior Court

The Pittsfield Police obtained a search warrant to look for any evidence that might definitively tie the 2001 Subaru Forester registered to Clifford J. Nilan and driven by his 24-year-old daughter, Meredith, to a hit-and-run accident on Winesap Road in Pittsfield on the evening of Dec. 8.

Peter Moore, who was hit by a car while jogging with his dog, suffered a fractured calf bone and a broken vertebrae, a bruised colon, trauma to the left side of his body, a concussion, and abrasions "from head to toe."

Attorney Timothy J. Shugrue, who is representing Meredith Nilan and who he called "a great kid," said it is an ongoing investigation and no criminal charges have been filed.

> Meredith Nilan, alleged driver of hit-and-run vehicle. >

The search warrant documents, which were issued from Southern Berkshire District Court in Great Barrington, were obtained by The Eagle on Friday. Mr. Nilan is chief of probation at Berkshire Superior Court in Pittsfield.

Police officers did look at and photograph the car the day after the accident, according to the warrant, but Shugrue denied police a second, more thorough examination without a search warrant.

Police Sgt. Mark B. Trapani
, writing in his application for a search warrant on Dec. 14, stated that denial was among the reasons police needed a court’s permission to search the Subaru. The car was being kept in the Nilans’ garage at the time the search warrant was requested.

Police have not released any information on what, if anything, was obtained from the search of the car. The warrant indicated they’d hoped to look at the Subaru to search for blood, skin or hair that could determine if it was the Subaru that struck Moore, and to check the car’s data recorder to see how fast it might have been going at the time.

"[I]t is not an absolute fact at this time that it was Nilan’s vehicle that struck Moore," Trapani stated in the search warrant documents. "A more detailed search of the vehicle will determine this to a certainty."

Meanwhile, images of the Subaru viewed by The Eagle show a head-sized hole in the lower-right center of the windshield and large dents in the hood.

In the search warrant documents, Trapani pointed out "there have been inconsistencies between Moore’s account and Nilan’s account of the time of the accident, as well as where the accident occurred." However, he said while the inconsistencies may have been "inadvertent," there was no way to tell for sure without examining the vehicle.

What is known is that about 8:15 p.m. on Dec. 8, Peter Moore of 101 McIntosh Drive was jogging with his dog along Winesap Road when he saw a vehicle coming at him at a high rate of speed. He threw his dog out of the way and dove out of the way to try and avoid the vehicle, according to the search warrant documents.

Dazed after being hit, Moore got up and walked a little more than a quarter-mile to his home on McIntosh Road, where he went to bed. Neither he nor his wife called police to report what happened. However, Moore woke up a few hours later in extreme pain and went to Berkshire Medical Center to be treated.

The morning after, Berkshire Medical Center contacted police to say they were treating Moore who’d been hit by a car the night before. That day, due to his concussion, Moore was unable to provide police with a description of the vehicle that hit him, according to the search warrant records.

The police indicated that Meredith Nilan told them she struck something near the intersection of McIntosh Road around 9 p.m. She told police she got out of the vehicle, checked around, but saw nothing. She went home and later went back to the scene with her father "to look for what was struck and could not find anything," the police information stated.

They returned home and Clifford Nilan called police around 9:30 p.m. to report that his daughter had hit "either a dog or deer on Winesap Road near their home," according to court documents.

"She didn’t know what she hit," Shugrue said.

Police visited the location where Meredith Nilan said her accident occurred but couldn’t find any signs of one.

Moore told police he was hit on Winesap Road near East Street. Police visited that scene and determined it was the "actual location for the accident." There, police found what appeared to be "a large amount of apparent blood in the roadway and also what appear[ed] to be a small amount of dog fur" near 6 Winesap Road, which is close to East Street where Moore said he was hit.

According to Shugrue, the Nilans did everything right that night. They scoured the scene looking for any evidence of what Meredith may have hit, as well as reporting the accident to police and waiting for law enforcement officers, who, Shugrue claimed, never showed up at the Nilan home on the night of the accident. Meredith Nilan also cooperated by speaking with police about her accident the following day, said Shugrue. <<<<<

SEE: 'Cloud surrounds alleged hit-and-run'

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Write to G.M. Heller at editor@berkshirerecord.com

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