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Law and Order: Jackson Street resident accused of stealing from Pringle Avenue porch

By Howard B. Owens

Ryan D. Shumway, 33, of 104 Jackson St., rear, Batavia, is charged with petit larceny and criminal possession of stolen property, 5th. Shumway was arrested following an investigation by Officer Arick Perkins and Sgt. Dan Coffey into a theft reported Monday of an item from the porch of a residence on Pringle Avenue.

Jacob T. Bell, 21, of 205 Washington Ave., lower, Batavia, is charged with assault, 3rd. Bell is accused of being involved in a fight with a family member at 5:10 a.m., Wednesday.

A 17-year-old resident of Coe Avenue, Oakfield, is charged with trespass. The youth is accused of trespassing on property owned by Bonduelle USA, Inc., in the Village of Oakfield. Three other youths were referred to Juvenile Court.

Drew M. Frost, 24, of Attica, is charged with DWI. Frost was stopped on Bowen Road, Darien, by State Police at 12:30 a.m Tuesday.

Stage production of Charlotte's Web opens Friday at GCC

By Howard B. Owens

GCC's Forum Players Theater Company presents "Charlotte's Web" this week, opening at 7 p.m. Friday in the Stuart Steiner Theater.

Alumna Jaime Arena directs the production, which also shows at 2 p.m. Saturday and Sunday at 2 p.m.

From a press release:

The show is being produced with the support of The BEST Center at GCC by special arrangement with the Dramatic Publishing Company of Woodstock, Ill. Originally published in 1952, E.B. White’s “Charlotte’s Web” chronicles the life of Wilbur the pig  (played by 2010 GCC alumnus Robert Reiss). Born the runt of the litter, Wilbur is saved first by 8-year old Fern Arable (Brianna Jones of Batavia) who stops her father (played by GCC English Professor Norm Gayford) from killing the pig and nurses him to good health. In the barn at the Zuckerman farm, Wilbur encounters a spider named Charlotte (Margaret Gayford, of Warsaw High School), who spins magic when Wilbur’s life is again in danger. A timeless tale of bravery, selfless love, and the true meaning of friendship, the play is adapted for stage by Joseph Robinette.

Other cast members include: Kayli Wilson (Canastota) and Jordan Griffiths (Milford) as narrators; Sania Hyatt (New York City) as Templeton; Courtney Amesbury (Bergen) as Mrs. Arable; William Rupp (Batavia) as Avery; Christian Hoffman (Hilton) as Homer Zuckerman; Alayna Zimbrich (Hilton) as Edith Zuckerman; Tony E. Heard (Fillmore) as Lurvy; Emily Jones (Waterloo) as Goose; and Norm Gayford as Old Sheep. William Rupp, Norm Gayford and Emily Jones will play fairgoers while Brianna Jones, Tony E. Heard and William Rupp will appear as spiders.

All tickets for the show are $5. An autograph session will be held after each performance. Tickets can be purchased by cash, check or credit card from the GCC box office at (585) 345-6814 or boxoffice@genesee.edu.

Photos from today's dress rehearsal by Howard Owens.

Drug task force nabs two Le Roy residents on drug charges

By Howard B. Owens

Following a Local Drug Enforcement Task Force raid, two Le Roy residents have been arrested on drug charges.

Taken into custody were Jacqueline D. Cecere, 35, and Brandon M. Longhany, 33, both of Clay Street.

They were charged with criminal possession of a controlled substance, 7th, criminal possessing of a hypodermic instrument and criminal using drug paraphernalia. All three charges are misdemeanors.

Task force agents reportedly found hypodermic instruments, methadone, a small quantity of cocaine, heroin and packaging used for controlled substances.

Uniformed deputies and Le Roy PD assisted in the execution of the search warrant.

'Sound sculpture' musician to perform at Masonic Temple, hosted by Blue Pearl Yoga

By Howard B. Owens

Press release:

"Matt Venuti's performance opens the heart, quiets the mind, and deeply touches the soul" ~ Arun Gandhi, author, lecturer, grandson of Mahatma Gandhi.

Multi-instrumentalist/composer Matt Venuti is one of the world's premier players of the Hang, the most exciting new acoustic instrument of the 21st Century and one of the most captivating and versatile of all time. Better described as a sound sculpture than a typical instrument, Hang means hand in Swiss -- pure magic!

Matt's compositions and performances have been commended by worldwide fans of his original music. He has a history of performing at progressive happenings like the TED Conferences and gala events worldwide, either as a soloist or with his San Francisco based ensemble, The Venusians.

He tours throughout most of the year performing solo Hang concerts and FreeFlow Yoga events.

CLICK HERE to read a recent article written about Matt for the Huffington Post about FreeFlow.

CLICK HERE videos of him playing.

For pre-sale tickets buy on line or stop in the studio call : 585-230-5430​ or visit our Web site: www.bp-yoga.com

Thursday, June 20 | 7 p.m. | $15/ pre sale | $20/ door

Noonan sends man to prison who had a chance to stay out of jail after guilty plea during 'bizarre' trial

By Howard B. Owens

Robert P. Leiser Jr., could be out of jail today, but according to Judge Robert C. Noonan, Leiser couldn't do one simple thing: follow a court order.

Noonan gave Leiser, originally indicted on two counts of assault, 2nd, a chance at a sentence of credit for time served after Leiser entered a guilty plea in the middle of his trial in April to a lesser charge of second degree attempted assault.

It's probably the first time Noonan has ever allowed a plea bargain after a trial has begun, but according to Noonan it was the most bizarre trial he's presided over and it was clear to him, he said, that the main witness against Leiser wasn't telling the truth.

"Mr. Burns (attorney Thomas Burns) saying that this was a dysfunctional relationship between you and the complainant, that's probably the understatement of the decade," Burns said. "This was a relationship that was nothing short of bizarre between two people who share a responsibility for the conduct that brought us here today."

However, Noonan said, the only person with an order of protection in place was Leiser.

Leiser was arrested in August and accused of hitting a woman in the head with a flashlight.

In deciding to sentence Leiser to one-and-a-third to three years in prison, Noonan said he also considered Leiser's criminal record, which includes at least 40 arrests and two stints in prison.

"In 25 years of criminal history, you just get arrested, go to jail, get out, go to prison, get out," Noonan said. "I don't know when you're going to wake up and say, 'I'm a grown man now, I'm in my 40s, and I need to take charge of my life and not go back to prison.' "

Noonan had hoped, he said, that Leiser could prove he was ready for that change after his guilty plea when Noonan released him from jail under supervision (RUS) of Genesee Justice.

Burns argued that Leiser wasn't accused of using drugs while he was on RUS and there is no evidence that he used drugs, but Noonan said Leiser violated his RUS contract in numerous other ways.

UMMC honored for giving newborn baby from Medina a 'Safe Haven'

By Howard B. Owens

Staff at UMMC were honored this morning for their participation recently in the "Safe Haven" drop off of a newborn baby by a mother in distress.

Timothy Jaccard, president and director of AMT Children of Hope Foundation, and author of the 1996 law that makes Safe Haven possible, presented plaques to the hospital and to staff for UMMC's acceptance of a Safe Haven baby last month.

In late may, a mother contacted Jaccard's organization looking for an option for a baby she could no longer care for. The mother was directed to the Medina Fire Department, which accepted the baby and transported it to UMMC.

The Safe Haven law allows mothers to hand over babies to Safe Haven ambulances and hospitals without any repercussions.

Prior to the law's adoption, Jaccard said, as many as 25 babies a year in New York were being left to die in Dumpsters and along roadways. Last year, only three babies in New York died after being abandoned.

"It’s very rewarding to know that we made a difference in the community," said Maryann Cogdill, who is in charge of the maternity ward.

The baby was given a medical examination to ensure it was healthy and then placed in a foster home and it will eventually be adopted.

Photo: Mary Beth Bowen, VP of nursing, Mark Schoell, CEO of UMMC, Denise Polovick, RN, Jaccard, Cogdill and Dan Ireland, VP of clinical support services.

Le Roy mother facing new criminal charges, accused of burglary

By Howard B. Owens

A Le Roy woman, already facing a pot growing charge, has been arrested again on an unrelated burglary charge.

Sara E. Schimley, 23, is accused of unlawfully entering or remaining in the apartment of an acquaintance between April 1 and May 24 and brandishing a crowbar and putty knife.

She was arrested by Le Roy PD on charges of first degree burglary, a Class B felony, and criminal possession of a weapon, 3rd.

Nearly two weeks ago, Schimley's apartment on East Main in Le Roy was raided by members of the Local Drug Enforcement Task Force and Schimley was charged with unlawful growing of cannabis, a Class A misdemeanor, and unlawful possession of marijuana.

Also charged a few days later was 33-year-old Michael J. Penvose.

Schimley and Penvose have a young daughter together and Penvose made news in April when he was accused of stealing a thermometer from Le Roy's Dollar General store. After sharing with police that he was concerned about the health of his infant child, a Le Roy PD officer purchased the thermometer for him.

Schimley was arraigned in Le Roy Town Court on the new charges and released under supervision of Genesee Justice.

Police are looking for suspected guitar thief

By Howard B. Owens

Police are  looking for a white male suspected of stealing a guitar from a car in the City Centre parking lot.

He was last seen heading heading toward the Jerome Center.

He is wearing dark-colored pants, a zip-up hoodie, and a dark baseball-style hat. He is riding a 10-speed style mountain bike.

The suspect broke out a window of the vehicle to steal the guitar.

UPDATE 2:09 p.m.: It's an electric guitar, not in a case.

UPDATE Wednesday: Scanner traffic on Tuesday indicated the suspect's hoodie was orange.

Hawley announces bills supporting veterans moving through Assembly

By Howard B. Owens

Press release:

A collection of bills supporting veterans cosponsored by Assemblyman Steve Hawley (R,C,I-Batavia) has cleared a major legislative hurdle as the bills move closer to passage. The legislation, which has been advanced out of the Assembly Committee on Veterans’ Affairs, would increase access to employment and support services for veterans, as well as implore Congress to join the effort to honor our troops’ service.

"Supporting our troops is the duty of all Americans and has always been a focal point of my role in state government,” Hawley said. “The legislation advanced by the Veterans’ Affairs Committee will ensure that all of our nation’s heroes have access to gainful employment, while expanding eligibility for critical support services that soldiers need and deserve upon their return home to the country they have risked their lives to defend. As the ranking minority member on the Veterans’ Affairs Committee, I thank my colleagues on both sides of the aisle for ensuring that New York honors, respects and supports our courageous troops each and every day.”

Legislation cosponsored by Hawley recently cleared by the Veterans’ Affairs Committee includes:

  • A.7561 – expands the eligibility criteria for admission to a New York State Veterans Home;
  • A.7761 – enacts the Veterans’ Employment Act, directing the state to establish a veteran temporary hiring list, which state agencies will use to make all temporary hires where applicable; and
  • K.521 – a resolution urging Congress to pass the Troop Talent Act of 2013, which would improve the path to civilian professional credentials for service members trained by the military, ensure credentials are relevant to civilian industries, and increase access to high-demand industries for service members.

Man accused of rape appears in County Court, ordered held without bail, argues with judge about attorney

By Howard B. Owens

Charles D. Johnson, appearing before Judge Robert C. Noonan for the first time on charges that could land him in prison for life, became argumentative near the end of his arraignment over the issue of who should represent him.

"I don't want this man as my lawyer," said Johnson, moments after entering a not guilty plea to an eight-count indictment that includes charges of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree and sexual abuse in the first degree.

Johnson, whose aunt and other family members were in the courtroom, said his family is hiring an attorney for him.

Today, he was represented by Public Defender Gary Horton.

Noonan tried to explain to Johnson that until the point that a private attorney is hired, he has assigned counsel for his own protection and that Horton is his attorney for now.

The 29-year-old Johnson repeatedly interrupted Noonan. "Don't I have a right to say who my attorney is?" Johnson said. "I did not request him," he said. "I want a different attorney." "Can't my family have 30 or 45 days to hire an attorney?"

Finally, Johnson asked to represent himself until his family hires an attorney.

Noonan told him the case was over for the day and if his family hasn't hired an attorney by the time of his next scheduled court appearance -- Aug. 13 -- he can address the attorney issue then.

Johnson is accused of breaking into the apartment of a woman May 9 and using a knife to threaten her while sexually assaulting her.

Following his arraignment in Town of Le Roy Court, Johnson was ordered held without bail. Today, Horton argued that some bail -- perhaps high bail -- should be set for Johnson.

Horton found fault with the bail evaluation, saying he should have scored higher because he lives with his aunt and because he's been on public assistance for a number of years. He also said his client denies daily use of marijuana.

"He denies any chronic drug use," Horton said.

Assistant District Attorney Kevin Finnell said no bail was preferable, but if Noonan set bail, it should be at least $100,000 cash.

"The bail evaluation is scored negative eight points and that's appropriate," Finnell said. "It was properly prepared and verified. I would submit that Mr. Johnson isn't entitled to any more points than given in the evaluation, and even if he were, the crimes charged in this indictment are very serious and present a grave risk of flight."

Noonan said that since Johnson faces a possible life prison term he should be held without bail until trial.

As soon as Noonan said that, Johnson started arguing about his attorney.

Batavia resident using the Tonawanda to prepare for historic canoe trip from Albany to NYC

By Howard B. Owens

Rick Levins says the Tonawanda Creek is a spiritual place. He's been drawn to it most of his life, he said. For more than 30 years, he's lived on its bank in a home on Walnut Street.

This spring, he started paddling it every day, finding a few moments of peace, but also preparing for a historic canoe trip next month from Albany to New York City down the Hudson River.

The trip is known as the Two Row Wampum Renewal Epic Canoe Trip and is being organized by a group of Native Americans in the Syracuse area to commemorate the first treaty between Iroquois (Haudenosaunee) and Dutch traders in 1613.

"Basically, the treaty said, 'we're in our canoes, you're in your ships, we're going down the same river together, but we won't bother you, you don't bother us,'" Levins said. "That didn't always work quite so well, but the Iroquois and Haudenosaunee have honored that treaty. This is a 400-year renewal. It's the basically indigenous person saying we're losing the path here and we need to get back to some of these old ways."

Levins is half Native -- his mother was from the Six Nations in Canada -- and his cousin from Six Nations introduced him to the trip.

The journey starts July 27 and ends Aug. 9 on the United Nations Indigenous People's Day. 

Along the way, there will be seminars and lectures. The trip is intended to promote peace, friendship and environmental sustainability.

Levins has been paddling on the Tonawanda every day since the start of spring preparing for the trip. Every day, he says, he has the creek to himself. He sees geese, ducks, herons, beavers and deer and listens to the birds tweet and twitter.

"I've even seen deer swimming in the creek," Levins said. "I was going up the creek, coming around the bend, and I saw something in the water. At first, I thought it was a beaver. There's a lot of beaver in here. Well, the beaver started to get up out of the water and it turned into a deer. A nice young buck with velvet."

Because of the historic meaning of the Tonawanda to both Natives and white settlers, Levins said he's always felt a special connection to the waterway that was once an important transportation link.

"The creek holds a lot of meaning to me," Levins said. "There's so much history here."

Links:

Law and Order: Bergen brothers arrested after Probation Department visit

By Howard B. Owens

John Neil Leisten, 33, of Clinton Street Road, Bergen, was arrested on a bench warrant related to a second-degree menacing charge. Leisten was taken into custody by the Probation Department on a warrant out of Town of Alabama Court. He was jailed on $750 cash bail or $1,500 bond.

Daniel James Leisten, 42, of Clinton Street Road, Bergen, is charged with failure to obey support order. Leisten was arrested in connection with a Probation Department visit to his home to speak with his brother. He was jailed on $2,000 bail.

Paving of Buell Street and Ellicott Avenue rescheduled for tomorrow

By Howard B. Owens

From DPW:

Due to rain, the paving work on Buell Street and Ellicott Avenue has been postponed for today. Paving operations have been rescheduled for tomorrow, Wednesday, June 12th from 7 a.m. to 7 p.m. for Buell Street first and then moving to Ellicott Avenue. Rain date for tomorrow will be Thursday, June 13th if needed.

Batavia council approves resolution calling for repeal of SAFE Act, 7-2

By Howard B. Owens

Asked to support repeal of the SAFE Act, two Batavia City Council members voted no on the resolution, saying repeal goes too far.

Before the 7-2 vote Monday night, neither Patti Pacino nor Pier Cippolone offered specifics about what was good or bad with the law, which critics say violates the Second Amendment and does nothing to keep weapons out of the hands of criminals.

"Repeal is too big for me," Pacino said. "I would rather change it a little bit and I'm not going to fight that battle right here."

The SAFE Act was pushed through by Gov. Andrew Cuomo following the shootings at Sandy Hook Elementary School. Local government bodies across Upstate have been passing repeal resolutions, though such resolutions have no force of law.

"I do not agree with an outright repeal," Cippolone said. "There's some good and there's some bad and we need to work with the bad and leave the good."

Information provided by The Batavian's official news partner, WBTA.

Corfu trustees, Mayor Peterson clash over file cabinet keys, mayor's personal office

By Howard B. Owens

Once again, Corfu trustees and Ralph Peterson are at odds over the conduct of the first-term mayor.

This time, residents and trustees raised concerns about Peterson obtaining keys to all of the filing cabinets and demanding an office in the village facility.

In non-binding motions passed 3-0 each, the trustees expressed displeasure with both actions.

When asked by Trustee Ken Lauer if he would surrender keys to the file cabinets, Peterson shook his head no. When the motion was made opposing setting up an office for the mayor -- workers have already started moving filing cabinets -- Peterson shook his head no.

He made no apparent vote on either motion.

Lauer, Keith Busch and Dave Bielec voted yes. Art Ianni was absent.

Since taking office, Peterson has been accused of firing village staff, lying, banning the employee of the sewer contractor from the sewer plant, and demanding employee passwords for computers.

The password incident garnered a warning from Donald O'Geen, a special district attorney handling the investigation into missing court money, for Peterson not to tamper with evidence.

Village officials are concerned that Peterson's acquisition of file cabinet keys and the desire to have an office in the building are further attempts to interfere with the investigation.

Former Village Justice Robert Alexander and his daughter, Brandi Watts, are the possible targets of the investigation following a comptroller's audit that found the court was allegedly missing at least $10,000.

O'Geen has been appointed special district attorney to help avoid any potential conflicts of interest that may exist with the Genesee County District Attorney's Office.

Debbie Graham, a longtime village employee, and wife of former trustee Al Graham (the sewer employee Peterson allegedly tried to have banned), raised the issue of the file cabinet keys during the public comment portion of the meeting.

She questioned why Peterson needed the keys.

"I have the authority to have the keys," he said.

Debbie Graham said that for keeping records properly secured and to avoid any accusations of missing records leveled against Peterson, Peterson shouldn't have a key. Lauer, Busch and Bielec all said they agreed.

"To be honest with you, Rosie, I don't trust you," Debbie Graham said.

"We all have people we don't trust," Peterson said.

Asked about establishing his own office in the building, Peterson said, "I have the authority and I'm going to exercise my authority."

Resident Greg Lang told Peterson that it appears he's trying to establish a dictatorship.

"You're doing whatever you want and nobody has enough guts to stop you," Lang said. "We used to be friends. You were a decent guy before you got that power. It went right to your head."

After the meeting, Al Graham asked a gentleman in the third row of the audience who he was. He identified himself as the attorney for the Village of Oakfield. He said he had been asked by Peterson to come to the meeting by Peterson to observe it.

The attorney is Reid Whiting, a Le Roy resident.

Peterson has previously tried to replace village attorney Mark Boylan. Whiting didn't reveal if he was there as a possible Peterson nominee for attorney or to assist Peterson with his situation in Corfu.

Al Graham asked Whiting what he thought of the meeting, and Whiting said it was "hostile."

Photo: Lauer, left, and Peterson.

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