Legislators countersue marriage group

BOSTON

Lawmakers targeted in a $5 million federal lawsuit by an anti gay marriage group shot back yesterday, giving the group 21 days to withdraw the suit on the grounds that it is "frivolous." The lawsuit, filed earlier this month in US District Court by VoteOnMarriage.org , asserts that the 109 lawmakers who voted last month to recess a joint constitutional convention instead of voting on a proposed constitutional amendment barring same-sex marriage violated the supporters' rights to free speech, to petition the government, and due process under the law. The lawsuit seeks $500,000 from the lawmakers for the cost of the group's legal battles and another $5 million in punitive damages. The damages would be split 109 ways and lawmakers would be held personally liable. Yesterday, 14 of the lawmakers sent a countersuit to VoteOnMarriage.org asking it to withdraw the lawsuit. If the group refuses, the countersuit, which argues that lawmakers are immune from liability for legislative actions, is automatically filed with the court. Lawmakers are scheduled to take up the amendment again when they gather in a joint session on Tuesday, the last day of their session. (AP)

A man pleaded not guilty to a murder charge yesterday in the shooting of a former Cambridge police officer. Michael Collins, 27, was arrested near Washington, D.C., on Dec. 21 and was brought back to Boston on Thursday. He is accused of fatally shooting Myles J. Lawton, 62, on Dec. 5 in Lawton's home . Investigators believe the shooting involved a dispute over money. Collins, who appeared in the Dorchester division of Boston Municipal Court, is also charged with armed assault with intent to murder and armed robbery. He was ordered held without bail and is scheduled to appear again in court on Feb. 8. Collins had lived in Chelsea in recent years.

Governor Mitt Romney yesterday issued a proclamation that designated Monday as a state "Day of Remembrance" to mark the death of President Gerald R. Ford. Monday is New Year's Day and is a state and federal holiday, so all state and federal offices will be closed. On Tuesday, the national day of mourning designated by President Bush, state offices will remain open. The proclamation signed by Romney noted that Ford "brought credit and honor to the highest office of the land and restored American's faith in itself."

SHARON

A 53-year-old man was killed yesterday in a single-car wreck on Interstate 95 near Mechanic Street in Sharon. State Police from the Foxborough barracks found the victim's 1996 Buick Century overturned on the right side of the southbound highway about 6 p.m. Police said he lost control of his car while driving in the center lane, drifted into the guardrail on the left side of the road, and skidded across all three lanes before the car flipped onto its roof. The driver, who was not identified, was taken to Sturdy Memorial Hospital in Attleboro, where he was later pronounced dead.

MT. DESERT ISLAND, Maine

An earthquake registering 3.5 on the Richter scale yesterday hit Mt. Desert Island in Maine, according to Boston College's Weston Observatory, which monitors local seismic activity. Police in Bar Harbor, the island's primary city, said there was no serious damage or any injuries, though homes and businesses shook briefly. Minor earthquakes have become common on Mt. Desert Island: Yesterday's quake was the 38th recorded by the observatory since Sept. 22, when a series of shocks and aftershocks began. The largest temblor measured 4.3 on the Richter scale on Oct. 3. Geologists believe the quakes have been caused by the collision of hard granite rocks with other rocks about 1 mile below a mountain in Arcadia National Park.

CONWAY, N.H.

New Hampshire's mild winter isn't just affecting winter sports enthusiasts. In the past weeks, wide-awake black bears have been spotted in the Mount Washington Valley, apparently not ready to hibernate. But unlike skiers, skaters, and snowmobilers, Fish and Game Conservation Officer Brian Abrams said, wildlife is benefiting from the mild weather. He said deer are having an easier time finding food and conserving more energy. Fishers and bobcats aren't having to fight their way through deep snow to hunt. As for the bears, Abrams said, when the temperature drops, their biological clocks will let them know it's time to hibernate. (AP)