The Lenox 7

Lake Accident takes 2 lives by Priscilla Painton

LEE – Two lee youths died of drowning early yesterday when their car rolled over a five-inch barrier that borders the parking lot at the Laurel Lake boat ramp here and plunged into water about 15 feet deep.

With the aid of a diver, the police, firemen and other rescue workers succeeded in attaching a winch to the submerged two-door Cadillac hardtop and hauling it back to the parking lot.  They found the bodies still inside.

The two youths, identified as Barry E. Griffin, 19, of East Center Street, and Richard W. Retzel, 19, of East Center Street, both of Lee, were pronounced dead at the scene by Medical Examiner Dr. Donald E. Campbell of Stockbridge.

According to District Attorney Anthony J. Ruberto Jr., the car’s plunge into the water followed an altercation at the boat ramp involving the two victims and eight other youths.  Ruberto could not say how many youths were actually engaged in the fight or whether some were simply bystanders.

He said three youths were originally in the victim’s car.  The third youth, he said, was not in the car when it entered the water.

Ruberto also could not say how many cars were carrying the seven other youths who were involved in the altercation or who were simply present at the scene.

He said that all seven youths have been identified and are Lenox residents.

A call alerting the Lee central switch board of the incident came in around 1:15 a.m. according to Police Chief Edward J. Finnegan.  A state trooper on routine patrol who was flagged down by one of a number of persons near the lake, issued the alarm.

Over the next two hours, five Lee police officers, two Lenox policemen, three Lee fire department trucks, about 25 volunteers from the Lee fire department with Lee Fire Chief Orttavio B. Giarolo, three state troopers and two ambulances joined rescue efforts at the scene.

Five officers – from Lee, Lenox and the Lee state barracks – spent considerable time in the water attempting to locate the sunken car before the arrival of a diver.

John E. Corbitt, a member of the Southern Berkshire Divers, responded to a call at his home on Marble Street in Lee.  Equipped with underwater gear, he succeeded in attaching a cable to the rear axle of the Cadillac so it could be drawn out.

“It was awful weedy and murky down there,” Corbitt said.

Robert Brunnell operated the winch on an auto wrecker provided by Lee Ford.

James Overmyer of the district attorney’s office said the Cadillac’s from windows were up when the vehicle entered the water.  When the car was drawn out, the windshield was shattered, apparently by the pressure.

“It’s not like a VW that floats on the surface.  The care went down very fast which prevented them from escaping”

“It all happened very quickly,” Overmyer said.

The two youths were given last rights of the Catholic church by the Rev. James J. Scahill, associate pastor of St. Mary’s Church in Lee, who was also present to assist as a member of the Lee Fire Company.

The bodies were taken to the Berkshire Medical Center where Dr. Jeffrey S. Ross, associate medical examiner, conducted preliminary autopsies.

He said the autopsies revealed the cause of death was drowning.  He said further microscopic studies and toxicology studies would be conducted next week, he said.

First Assistant to the District Attorney Daniel A. Ford said no charges have been filed against the eight other youths previously at the scene and “none have been anticipated in the immediate future.”

The Cadillac was the second vehicle to roll into the lake from the boat ramp parking lot.  About 15 years ago, a vehicle plunged into the lake at about the same spot, 15 feet south of the boat ramp, but the incident involved no fatalities.

The state built the boat ramp and parking lot in 1965 and turned it over to the town, whose officials declined to accept it.  In the years since, Lee officials have expressed concern about maintenance of the ramp and the policing of activities there.

Lenox youth charged with intimidating two witnessed to Laurel Lake drownings by Priscilla Painton

LENOX – Peter P. Bianco, 17, of 166 ????? Road was arrested at 12:25 a.m. ????? on a warrant charging him with two counts of intimidating witnesses.

The two witnesses whom Bianco had allegedly intimidated were among those being questioned by the District Attorney’s Office on the double drowning incident at Laurel Lake in Lee last Friday, according to District Attorney Anthony J. Ruberto.

Bianco was released on his personal recognizance and will appear in court in Lee this morning at 9 for arraignment.

The warrant was issued by the Southern Berkshire District Court at Lee upon a complaint signed by an officer investigating the case.

Ruberto declined to disclose the names of the two witnesses.  He said Bianco appeared voluntarily at the Lenox police station, probably because he had heard police were searching for him.

He said the charges against Bianco, of he were found guilty, could result in a fine of up to $5,000 of 2 ˝ years in the House of Correction or up to five years in a state prison, or both a fine and incarceration.

The arrest, Ruberto said, has not changed the status of the investigation, which is still under way.  Interviews with witnesses have not yet been completed.

“We’re dealing with a large number of people and the actual physical job of tracking them all down and getting them to sit down is very time consuming.  It’s a lot of legwork,” he said.

The Lenox Selectmen issued a statement last night urging all Lenox residents to exercise caution and keep parties under control in view of the recent tragic deaths of two young people and the large number of parties at graduation time.  Selectmen Chairman Richard J. Piretti said “We hope parents will monitor graduates’ activities and we urge the police to be alert and severe.”

Dr. Jeffrey R. Ross, associate medical examiner at Berkshire Medical Center who had conducted preliminary autopsies on the bodies of the two youths who drowned, said yesterday the toxicology tests have not yet been completed.  He expected the autopsies findings would be final by the end of next week.

Court continues intimidation case

LEE – Peter P. Bianco of Lenox pleaded not guilty to District Court yesterday to two charges of intimidating witnessed in connection with the double drowning incident at Laurel Lake in Lee last Friday.

The two witnesses were identified in the complaints as Jennifer L’Hote and Shirley A. Coons both of Lenox.  According to the district attorney’s office, the witnesses complained to an investigative officer Tuesday of the alleged intimidation.

At the request of Bianco’s lawyer, Kermit Goodman, Judge James J. Scullary continued the case until June 25.  At the recommendation of District Attorney Anthony J. Ruberto, the judge ruled that Bianco would remain free on his own recognizance.

Also at Ruberto’s suggestion, the judge warned Bianco to “stay away from situations” which could interfere with the investigation.  The court noted that should Bianco be found guilty he faced a fine of up to $5,000 or 2 ˝ years in the Hose of Correction or up to five years in a state prison, or both a fine and incarceration.

The victim of the double drowning at Laurel Lake last Friday were Barry E. Griffin, 19, and Richard W. Retzel, 18, both of Lee.  The Cadillac in which they were seated went over a five-inch barrier at the parking lot at the Laurel Lake boat landing and plunged into 15 feet of water following an altercation involving the two victims and eight Lenox youths.  Bianco told The Eagle last Monday that he was among those present at the Laurel Lake incident.

Lee drowning case goes to county grand jury

District Attorney Anthony J. Ruberto Jr. said yesterday that evidence gathered on the frowning of two Lee youths at Laurel Lake in Lee two weeks ago would be turned over to the county grand jury for investigation.

Ruberto said the grand jury already scheduled to sit beginning July 6, will hear the case “to determine of any charges should be brought and if so, what those charges would be.”     

James Overmyer, spokesman in the district attorney’s office, declined to comment on how many witnesses would be brought before the 23 member grand jury.  He also said he could not estimate how lone the hearings might last.

“Grand jury hearings can take an hour, or they can take days.  In this case, it will take says” he said.

The victims of the double drowning on June 5 were Barry E. Griffin, 19, and Richard W. Retzel, 18.

The Cadillac sedan in which they were seated went over a 5-inch high barrier at the parking lot at Laurel Lake boat landing and plunged into 15 feet of water, allegedly following an altercation involving the two victims, eight Lenox youths and possibly others.

Ruberto said that since the deaths, police have interviewed 30 people :to try and piece the incident together.”

He said the decision to turn the case over to the grand jury was made following a review of the investigation with Cpl. John F. Flaherty of the state police Crime Prevention and Control Unit and Police Chiefs Edward J. Finnegan of Lee and David W. Berkel of Lenox.

In grand jury hearings, Overmyer said, witnesses are questioned separately and behind closed doors by 23 jurists and a prosecutor.

Grand jury to hear 28 in Laurel Lake case

LEE – Twenty-eight Lee and Lenox residents were subpoenaed yesterday by the district attorney’s office in connection with the Laurel Lake drownings on two Lee youths n June 5, according to Daniel A. Ford, assistant district attorney.

The incident which led to the deaths of Richard W. Retzel, 18, and Barry E. Griffin, 19 after the car in which they were seated plunged into Laurel Lake, was turned over to the county grand jury by the district attorney.

The car’s plunge into Laurel Lake followed an altercation between the two victims and at least eight Lenox youths, according to earlier police reports.

The 28 Lee and Lenox residents who were subpoenaed yesterday are expected to testify separately behind closed doors in front of the 23 member grand jury and a prosecutor.  The grand jury which is scheduled to sit beginning July6, will determine if any charges are to be brought and if so, what the charges will be.

Last week, Peter P. Bianco, 17, of Lenox was arraigned in the Southern Berkshire District Court on two charges of seeking to intimidate witnesses in connection with the Laurel Lake incident.

Bianco’s case was continued until June 29 and Bianco was released on his personal recognizance.