The Wyoming County district attorney on Wednesday spoke out against New York State’s new bail reform rules, stating that they will adversely affect law enforcement’s efforts to assist those struggling with drug addiction.

Speaking at the GOW Opioid Task Force quarterly meeting at the Quality Inn & Suites in Batavia, Donald O’Geen said that state lawmakers’ decision to require automatic appearance tickets or “released on own recognizance” status for all misdemeanor and non-violent felonies means that many who are using opioids or other drugs won’t have access to treatment programs provided in local jails.

“This law takes us back to where we we’re 30 years ago,” he said, adding that the powers-that-be in Albany passed these new rules without the input of the police agencies or attorneys who deal with crime on a regular basis.

Bail now can only be set on certain qualifying offenses, such as first- and second-degree assault, rape, manslaughter, sexual abuse, but suspects must be set free for crimes such as second-degree burglary, grand larceny, non-violent homicides and, according to O'Geen, "every single drug case.”

“We want to treat the users, but you have to (be able to) get after the dealers,” he said.

O’Geen said the reform measures are based upon a “false narrative” – that poor people are languishing in jail because they can’t make bail.

“That is definitely not true,” he said. “The ones incarcerated are the flight risks and those who present risks to public safety.”

The district attorney also noted that the time restrictions to turn over documents to defense lawyers – in most cases, 15 days – put a huge burden on police, district attorneys and labs.

“This is not CSI New York. You don’t go to a commercial break and the labs (results) are done,” he quipped.

He said that the new rules, which took effect on Jan. 1, have created a “lawlessness system” where many of those charged don’t show up for their court appearance.

“If they don’t show up, we have to send a second notice,” he said. “If they fail to appear again, we have to wait another 48 hours and send out another notice before we can issue a warrant for their arrest.”

O’Geen said pressure is being put on Gov. Cuomo to modify the law, but criticized the State Assembly for “holding fast” to the current provisions.

“I think the only way it will happen (modifications) is through his budget,” he said. “That’s how it passed in the first place.”

According to a Siena College poll released on Tuesday, more New Yorkers are taking O’Geen’s view.

The poll found that 49 percent of respondents said the changes were bad for New York while 37 percent said they were good for the Empire State, a far cry from April 2019 poll numbers that showed that 38 percent said it would be bad and 55 said it would be good.

Disclosure: Story written by Mike Pettinella, GCASA publicist.

Another proposal by Gov. Andrew Cuomo to shift local revenue to the state coffers has come to light: Cuomo is proposing eliminating the local share of video terminal lottery money from facilities such as Batavia Downs. 

That would mean a $440,000 loss in revenue for the City of Batavia, $200,000 for Genesee County and $160,000 for the Town of Batavia.

Local officials are not pleased.

County Manager Jay Gsell has a laundry list of complaints about new mandated expenses in funding. This is just an extra burden for the county to shoulder.

Gsell said what he called a "bait and switch" on Aid to Municipalities funding where county sales tax proceeds will replace direct state aid, cuts in community college aid, and no reimbursement for early voting expenses.

"NYS counties will be gathering in Albany next Monday through Wednesday to gain more insight and develop resolution and position papers for the upcoming 2020 NYS legislative session," Gsell said. "The sentiment so far coming from the executive branch is disheartening and discouraging and fraught with peril from my perspective only three weeks into the new Genesee County budget year."

City Manager Marty Moore said the news of the VLT cuts comes at a bad time -- just as the city is wrapping up its own budget process.

"The loss of the VLT money is tough considering we balance the general fund to the penny," Moore said.  "Our feeling is obvious -- please put it back."

He called on state officials to enter into some dialogue and communication with local governments and listen to the impact the cuts will have locally.  

Since Batavia Downs doesn't pay any local property tax, the VLT money helps offset the expense of hosting the facility in the county, the town, and the city.  The facility needs support for crowd control at major events, police protection, fire protection, health and safety support, along with the roads that get people to and from the gaming casino.

"I do think it's important that our operations are supported by the money that comes along with it to help pay for some of the expense," Moore said.

In a budget statement, the governor's office justifies the cuts by the suggestion that local municipalities receive more in "VTL Impact Aid" (the formal name of the program) than it costs to host the facility.

This category of State aid was created to support assumed local service needs associated with hosting VLT facilities, but the revenue benefits of hosting a facility outweigh any associated costs. Further, not all municipalities that currently host VLT facilities receive aid through this program and the State does not provide additional "impact-type" aid for other types of facilities which may have similar local public service impacts as VLT facilities, including community colleges, SUNY campuses, and State office buildings. Accordingly, the Executive Budget eliminates VLT Aid outside of Yonkers, which is the only municipality receiving this aid to direct the funds to educational purposes.

It's been a point of pride for Western OTB officials for years that the facility supports the counties that oversee the facility with VTL money. 

Henry Wojtaszek, Western OTB CEO, said he will be closely monitoring the proposal.

"We work well with local governments and understand that these VLT aid monies substantially help them," Wojtaszek said. "We hope that local elected representatives will listen to the concerns of our host municipalities and work towards the best possible outcome."

Both State Senator Michael Ranzenhofer said they will work to protect the local share of VTL funds.

"This cut in aid is unacceptable," Ranzenhofer said. "At a time when the governor is proposing more unfunded mandates on our local governments, these reductions will have devastating impacts on our local taxpayers.  The governor is attempting to fill the budget deficit, that he created by overspending, through cutting crucial funding to Genesee County communities."

Hawley said, "The Governor needs to look toward actually cutting spending (that’s what real families and businesses do). We have a self-inflicted $6.2 Billion deficit (we spent that more than we took in). Why in the world would he look to take money that is shared with our local communities (which helps keep our local taxes lower than they would be without this money)? He’ll be hurting our local communities."

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Submitted photo and press release:

Ruth Spink attended her last monthly management meeting Jan. 15^th before retiring from the Genesee County Office for the Aging where she served as director.

Before reading a retirement commendation, Genesee County District #9 Legislator Gary Maha shared memories of when he met Spink years ago.

County Manager Jay Gsell thanked Spink for her dedication to ensuring quality, relevant services were provided to Genesee County’s senior and disabled population. He went on to say, “Ruth recognized the value of older adults, their wisdom and experience, and worked tirelessly to embrace the positives of aging.”

Spink began her employment with OFA as the aging services specialist in 1994 and was promoted to services administrator in 2001.

She went to work at the Genesee County Nursing Home as a supervisor before returning to OFA in 2006 where her vision for the department was to become more of a long-term care support system for the county, as well as a resource for information and referral. Spink took great care to empower OFA employees and began an informal cross-training program to allow employees to learn aspects of different jobs.

Nearly all County department heads and supervisors were on hand to congratulate Spink. It was bittersweet for all who heard for the last time how much she loved working for Genesee County.

Top photo, from left, Legislator Gary Maha, OFA Director Ruth Spink, Legislature Chair Rochelle M. Stein, Legislator Gordon Dibble.

The 24^th Annual Betty Ellison Memorial “Strike Out” for Crossroads House Bowling event will be held:

• Friday Feb. 21
• Saturday, Feb. 22
• Sunday Feb. 23^rd

It will be held at the Mancuso Bowling Center in Batavia. 

Shift times those days will be:

• Friday -- 6 p.m.
• Saturday -- 12 p.m. & 3 p.m.
• Sunday -- 1 p.m.

5-person team registration fees are:

• $110 until Feb. 14^th
• $125 after Feb. 14^th

Registration and payments may be made securely online at www.crossroadshouse.com (Upcoming Events tab).

This is a great way to have some fun and support a great cause in your community at the same time. Crossroads House is a nonprofit comfort care home for the dying.

There will be raffles during each of the four shifts, also mega raffles, food, and 50/50.

New this year is NO TAP! For additional information call Cindy (585) 993-0584 or Tara (585) 409-0136.

Teams are filling up fast, so find four friends and join us at the lanes!

Press release:

If you are someone who is civic-minded, independent, ambitious, enjoy exploring creative solutions to problems, and want to make an impact in your community, we want to talk to you about running for local office.

If you are interested in getting involved politically in any capacity, please reach out to us at geneseenydemocrats@gmail.com or www.geneseedemocrats.net

The following local elected offices will be voted on this November.

• Genesee County -- Sheriff, Treasurer, Family Court Judge, Coroner -- two positions

• City of Batavia -- one City Council at Large -- unexpired term

• Town of Alabama -- one Town Council -- unexpired term

• Town of Alexander -- one Town Clerk -- unexpired term

• Town of Batavia -- one Town Justice

• Town of Bergen -- one Town Justice

• Town of Byron -- one Town Justice

• Town of Elba -- one Town Justice, one Town Council -- unexpired term

• Town of Le Roy -- one Town Council -- unexpired term

• Town of Oakfield -- Town Justice, one Town Supervisor -- unexpired term, 1 Town Council- unexpired term

• Town of Pavilion -- Highway Superintendent -- unexpired term

Press release:

The Genesee County Chamber of Commerce is celebrates its 48^th Annual Awards Ceremony on Saturday, March 7, at the Quality Inn & Suites, Park Road, Batavia.

This is the County’s premier event that honors businesses and individuals for their achievements in business, community service and volunteerism. Tickets are $50 per person or a table of 10 for $450.

The evening begins at 5:30 with hors d'oeuvres, entrée tables and cash bar (no formal sit-down dinner is to be served). The Award Program starts at 7 p.m. at which time dessert and coffee will be served.

Call Kelly J. Bermingham, at 343-7440, ext. 1026, to make your reservations.

This year’s honorees are:  

Business of the Year: Tompkins Bank of Castile       

Agricultural Business of the Year: Call Lands/My-T Acres   

Special Service Recognition of the Year: Purple Pony Therapeutic Horsemanship                             

Geneseean of the Year: Jeff Allen

The Zonta Club of Batavia-Genesee County will hold a "Jungle Safari Basket Raffle" on Saturday, March 7 to raise money for the club's service projects and scholarships.

It will take place at Batavia Downs Gaming & Hotel, 8315 Park Road, Batavia.

Doors open at 10:30 a.m. Lunch is at noon and the raffle begins at 1 o'clock.

Presale tickets only -- $30. Must be purchased by Feb. 26.

Contact Lisa Paul-Khan at (716) 474-2720 or email Mary Yunker at:   mkyunk@rochester.rr.com

At Christmas, an enthusiastic city employee who thought the drip buckets in the mall wasn't a great look for the holidays, took it upon himself to put wrapping paper around the canisters.

With the holiday passed but his spirit undaunted, the employee recently wrapped the buckets in Valentine's Day paper. The employee is doing this at his own expense.

Still, Director of Public Works Matt Worth is concerned that some people might make negative comments about the employee so the employee is remaining anonymous. 

"Hopefully, this is the last hurrah for the buckets," Worth said. "We're going to get a new roof and the buckets are going to go away."

Reader-submitted photo.

James E. Tripp, 58, of Batavia, is charged with three counts of possession of a sexual performance by a child, a Class E felony. The incident allegedly occurred Oct. 13, 2017 and he was arrested by NYS Police Troop A in Batavia on Jan. 21 and arraigned at 10:08 a.m. in Town of Batavia Court. He was issued an appearance ticket for a later date, unspecified, in Batavia Town Court.

Kyle A. Mancuso, 27, of Ellicott Street, Batavia, is charged with: unlawful imprisonment; harassment in the second degree; and criminal mischief in the fourth degree. Mancuso was arrested Jan. 19 following an investigation of a domestic complaint that occurred that morning at 3:29 a.m. on Ellicott Street in Batavia. He was arraigned in Batavia City Court and was due there again today (Jan. 23). The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Brian J. Miller, 38, of Harvester Avenue, Batavia, is charged with: second-degree harassment; criminal mischief; and criminal obstruction of breathing. Miller was arrested after a Jan. 12 domestic incident on Harvester Avenue. He was arraigned in Batavia City Court, released on his own recognizance, and is due back in court Jan. 30. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Johnathan Brice White, 27, of Buffalo Street, Bergen, is charged with falsifying business records in the first degree and criminal contempt in the second degree. On Jan. 23, White was arrested. It is alleged that White made a false entry into the business records at Genesee County Jail by using the personal identification number belonging to another inmate. It is also alleged that White's intention to defraud was to conceal his identity while violating an order of protection. He was issued an appearance ticket for Jan. 28 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Phillip P. Heale, 41, of Woodrow Road, Batavia, is charged with second-degree criminal contempt. Heale was arrested Jan. 15. He is accused of violating an order of protection barring him from contacting the protected party at 11:27 p.m. Jan. 15 on Washington Avenue in Batavia. He was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Peter Flanagan.

Franklin Dean Cook, 37, of Ridge Road, Elba, is charged with first-degree criminal contempt. He was arrested Jan. 22 on an arrest warrant out of Elba Town Court that was issued Jan. 15. It is alleged that on Jan. 8 on Ridge Road in Elba that he violated a stay away order of protection. He was arraigned in Elba Town Court and is due back in court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Andrew Mullen.

Travis James Schultz, 31, of Webber Avenue, Oakfield, is charged with driving while intoxicated -- first offense, and refusal to take breath test. Schultz was arrested following an investigation of a hit and run accident that occurred at 12:59 a.m. Jan. 19 on West Main Street in Batavia. Police located the suspected vehicle involved and arrested Schultz, who was released with appearance tickets. He is due in Batavia City Court on Feb. 5. The case was investigated by Batavia Police Officer Nicole McGinnis, assisted by Officer Sean Wilson.

Christopher M. Sims, 31, of Batavia, address not provided, was arrested by Wyoming County Sheriff's Deputy William Asquith on Jan. 21 on Silver Lake Road in the Town of Perry. Sims was allegedly found to be operating his vehicle while the registration was suspended for an insurance lapse. He is charged with operating a vehicle with a suspended registration. Sims was released on an appearance ticket for Town of Perry Court and he is due there at a later date (unspecified).

Our STREAM based curriculum focuses on Science, Technology, Religion, Engineering, Arts, and Math. We offer Pre-K programs through eighth grade, all faiths are welcome and financial aid may be available.

So whether students are looking to transfer or start in the fall, find out if St. Joseph Regional School is right for your family. Visit us at sjsbatavia.org for more information.

Press release:

Nate McMurray, Democrat running in the special election in NY-27, issued the following statement criticizing the rumored presidential pardon for disgraced former Congressmember Chris Collins, who resigned from Congress following pleading guilty to felony insider trading. Collins was sentenced to 26 months in prison on Friday. So far, 14 Trump aides, donors and advisers have been indicted or imprisoned.

“President Trump should not further the injustice inflicted on Western New York," McMurray said. "His own Justice Department pursued this case and won a sentence that includes prison time for Mr. Collins, a convicted felon. This should not be a Democratic or Republican issue; I urge all Republican candidates in this race, elected officials, and party leaders to stand unified in defense of the rule of law in America.

"Collins was a wealthy politician who acted as if laws don’t apply to him. We all need to tell him that America's laws apply to everyone. He must pay his debt to society and not have it wiped away because of his political support for the president. I know that these are the same Republican insiders who enabled and protected Collins, long after we all knew he was guilty while working people paid for his salary and pension. Now is the time for them to do what’s right. Join me.”

Press release:

Have you seen the new Notre Dame High School? Notre Dame High School will be holding an open house for new and prospective students from 6 to 8 p.m. on Thursday, Jan. 30th.

Come see what the #1-rated high school in the GLOW region has to offer!

Hear about our academic program, fine arts, athletics and inclusive education, meet our staff and tour our newly renovated school.

All eighth- through 12th-grade students and parents/guardians are welcome!

The school was founded in 1951. It a private, Roman Catholic high school within the Diocese of Buffalo. It is located at 73 Union St. in the City of Batavia.

Above, Joshua Roberts, of Attica Central School, races against a clock as he fixes a tire during the Tire Rodeo at the Ron Smith Auto Tech Competition.

Submitted photos and press release:

Each year the Niagara Frontier Automobile Dealers Association hosts a competition that is held at the Erie Community College Vehicle Technology Training Center (ECC-VTTC) in Orchard Park. This event, called the Ron Smith Auto Tech Competition, is open to any high school senior or junior who is enrolled in an automotive program.

The competition draws students from seven Western New York counties. The winners of this contest, along with their high school instructor, receive an all-expense paid trip to New York City to compete in the nationals at the National Automotive Technology Competition.

Six students from the Batavia Career and Technical Education (CTE) Center’s Auto Technology Program competed in this year’s Ron Smith Auto Tech Competition, which was held Friday (Jan. 17).

During this daylong event students, who competed in teams of two, were scored on their knowledge of tools, measuring instruments, specific vehicle components, and job interview skills. Students were also required to diagnose and repair a number of preassigned problems under a car's hood.

During the Tire Rodeo, students were put to the test as they raced to replace a damaged tire in the quickest time.

Seniors Lucas Doran from Alexander Central School and Patrick Willis from Attica Central School took second place in the automotive competition.

John McCarthy from Alexander CS, and Michael Roberts from Attica CS, are both seniors and they also competed in the automotive competition. This team took fourth place and just missed third place by only one point.

Devon Zinter from Byron-Bergen Central School, and Joshua Roberts from Attica CS, are both juniors. This team took second place in the Tire Rodeo.

All four seniors were offered the opportunity for tuition-free enrollment into the two-year Ford Automotive Student Service Education Training(ASSET) Program at Erie Community College.

Lucas and Patrick each received a $750 scholarship to the college of their choice, tool boxes, and an assortment of tools. Mike and John received a $250 college scholarship.

Devon and Joshua won jump boxes and have qualified to return to next year’s competition as seniors to represent the Batavia CTE Center.

Bob Yates is the Auto Technology instructor at the Batavia CTE Center. He noted it’s not always about winning but more importantly, how a competition gives students the opportunity to learn about their skill set and how they can improve.

“All of these students worked hard preparing for the competition both during school as well as over winter break, Yates said. "The seniors spent time at Basil Ford working with a senior technician preparing for the debugging of a 2019 Ford Ranger.

"The second part of the competition was based on a series of stations which we prepare for during class and shop time. I am very proud of the students and the effort they put in.

"I was complimented several times about the professionalism, politeness, and knowledge our students displayed during the competition. They were a great representation of our program and the Batavia CTE Center.”

Below, from left, Bob Yates, Batavia CTE Center Auto Technology Instructor, with Auto Technology students Patrick Willis and Lucas Doran, accept their awards at the Ron Smith Auto Tech Competition.

In the Scholastic Bowl on Wednesday night, Notre Dame won the first match with a score of 270.

Alden scored 200 and Oakfield 160.

In the second match, Pembroke scored 230 points, edging out Attica with 210. Elba came in third with 90 points.

Submitted photos and information.

Write up and photos submitted by Matt Holeman.

SWAIN -- The Batavia Ski Team competed Wednesday night at Swain Resort in a two-run Giant Slalom race on Wheels Run. With the recent cold temperatures and clear sky, the temperature dipped to make the race conditions nearly perfect. The snow was hard, but not icy holding together with minimal ruts and you could almost see the stars shining through.

Junior Zach Wagner was the team's top finisher, recovering from a potential crash on his second run, completing a combined two run time of 1.50.59 was good enough for seventh place.

It was a night to forget for the girls' varsity team as two of the three skiers (Senior Aubrey Towner and eighth-grader Lily Wagner) ended up crashing, losing a ski and not finishing the race. Junior Lily Whiting, however, had a great night finishing with a combined time of 2.10.92 finishing in 12th place.

Modified finishers included Ethan Bradly in 15th and Abby Bestine in 19th. 

Midseason Standings had the Batavia Girls Team was tied for third with Livonia, both sitting behind Keshequa and Arkport-Canaseraga in the Southern Tier Race League.

Aubrey Towner is currently in sixth place for the season, Lily Whiting in 13th and Zach Wagner is sitting in 10th for the boys. Finishing in the top 10 for the season would send them to the league's all-star team.

Plush Kevin Dozier, a 23-year-old Monroe County resident facing a possible lengthy prison term on arson and attempted murder charges, now has a chance to make bail after appearing in Genesee County Court today for the first time in 2020.

New state rules on bail for defendants who have not yet been convicted of a crime took effect Jan. 1, requiring judges to release detainees without bail unless they're accused of a qualifying offense. In those cases, the judge must set the least restrictive amount of bail or bond possible. 

What is "least restrictive" is for the judge to decide.

Dozier is charged with qualifying offenses but is now entitled to some opportunity to make bail.

In this case, Judge Charles Zambito set bail at $100,000 cash, $100,000 bond, or $200,000 partially secured bond.

Previously, Dozier was held without bail, and since his arrest in June, Dozier's confinement has been eventful. He reportedly became more than the Genesee County Jail could handle, so he was transferred to Attica, where he was reportedly held in solitary confinement.

During his confinement, Dozier allegedly damaged jail property and a patrol vehicle, following an outburst in court, and is facing new criminal charges stemming from those alleged incidents.

Dozier is accused of setting a fire at a residence on Maple Street, Batavia, on June 15, and attempting to kill one of the residents there.

The bail review for Dozier followed a hearing where defense attorney Thomas Burns challenged the sufficiency of the grand jury hearing that led to Dozier's indictment on attempted murder and arson. The hearing in July 2018 was during a period of time when a court stenographer was improperly making audio recordings of grand jury proceedings.

The stenographer was using a device on her machine that allowed an audio recording to activate while she typed on her stenography machine. Even though she has 33 years of experience as a court reporter, the technology she was using was fairly new and the issue had never been raised with her before.

The fact that she was recording the proceedings was discovered by happenstance when Assistant District Attorney Shirley Gorman inquired about a transcript on a particular case and the stenographer mentioned she had an audio recording she could check. Gorman immediately informed District Attorney Lawrence Friedman.

The discovery led Friedman to notify the attorneys for a number of defendants. Some of the attorneys have challenged the grand jury proceedings. In all cases so far, Zambito has denied motions to vacate the grand jury proceedings.

Burns had a novel argument today, however. He elicited testimony from the stenographer, Susan Ryckman, that there is a small mic, about the size of a dime, attached with a wire to her machine. That mic would then be potentially visible to witnesses and grand jurors, which might cause them to wonder if the proceedings were being recorded. There is also apparently a mic on her laptop that may actually be the one activated when she is taking stenography.

Grand jury proceedings are supposed to be secret and the identities of witnesses protected.

After questioning whether, under the circumstances, the transcript from the Dozier proceeding could be relied on as accurate, Burns argued that witnesses might not testify as truthfully if they thought their statements were being audio recorded, or that grand jurors may ask different questions, or not ask questions, because their voices might be recorded.

There is no way of knowing, Burns said, if witnesses and jurors noticed the potential for recording and, if they did, if that altered their behavior in any way. 

"The very presence of an electronic recording device could have a negative effect and a detrimental effect on the grand jury process," Burns said.

Burns acknowledges he was being speculative but he said Friedman would also be speculating to argue otherwise.

Friedman said there was no speculation on his part.

"Our position is based on the facts," Friedman said. "The court reporter has 33 years experience and even she doesn't know where the microphone is (on her laptop) and she indicated there is no light on the mic when it's on. There is no evidence to support that speculation. Otherwise, we rely on the court's numerous other rulings."

Zambito said he will make his ruling at a later date.

The Batavian spent a couple of hours in court today gathering news so you wouldn't have to.  With more help, we could find more news about the community for you.  Please become a supporter today.

A Batavia woman who stole more than $350,000 from elderly people was making progress until recently on paying restitution, according to District Attorney Lawrence Friedman.

Heidi L. Schollard, 47, of 161 Bank St., was ordered in 2012 to make restitution payments of $500 a month.

Friedman said records indicate Schollard made more than 100 payments, reducing the amount she owes to her victims from $350,729.40 to $335,290.11.

Then the payments stopped.

So she was ordered to appear in court today.

She didn't show up.

A warrant was issued for her arrest.

In 2017, Schollard was having trouble making restitution payments and asked to have the restitution order amended. Judge Charles Zambito kept her restitution at $500 a month.

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by then-County Court Judge Robert C. Noonan.

A sometimes Corfu resident facing three felonies for alleged strangulation, who has friends and relatives in at least three other states, has a better chance of making bail following a bail review hearing today in Genesee County Court.

Fifty-year-old Jerrol Paul Newell was described in court today by Assistant District Attorney Shirley Gorman as a man who has moved from state-to-state -- Florida, Ohio, North Carolina, even Hawaii -- with a spotty employment history and a lifelong problem with alcohol.  

She said Newell has had multiple DWI arrests, including a felony arrest in 2004, plus a DWI arrest in April where he had a BAC of .20 in the middle of the afternoon and allegedly left the scene of an accident. He also had a forgery conviction in 1996. He owes, she said, $39,000 in back child support payments, and is facing more than $9,000 in restitution from his recent accident.

Newell also lied, she said, to Genesee Justice about owning a home in Corfu.

His previous bail was $50,000 cash, $50,000 bond or $300,000 partially secured bond, which was set by Justice Donald O'Connor in December, before new bail rules took effect, in the Village of Corfu Court.

Newell's attorney, Thomas Burns, asked for either release on Newell's own recognizance or $5,000 bail, citing his client's ties to the community and Newell's own and his family's limited resources. 

Gorman said considering Newell's history, she didn't find the bail set in village court to be excessive. 

"He has an alcohol problem that leads the defendant to exercise extremely poor judgment that could lead him to leave the jurisdiction, especially when he has connections outside the jurisdiction," Gorman said.

Gorman noted that Newell is facing three Class D felony charges of strangulation and his sentence on each charge could be consecutive. She suggested the physical evidence against Newell, including photographs, is compelling.

Judge Charles Zambito, citing New York's bail reform rules, said he was obligated to set the least restrictive bail so he reduced Newell's bail to $7,500 cash, or $7,500 bond, or $75,000 partially secured bond.