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Financial records for the Village of Corfu Court are off by nearly $30,000 according to an audit released today by the NYS Comptroller's Office.

It doesn't explicitly accuse anybody of misappropriating funds, but does say the matter has been referred to local law enforcement.

The court is run by elected Justice Robert Alexander, who has been on the bench for 22 years. For most of the time covered by the audit -- Nov. 1, 2009 through Sept. 12, 2011 -- Alexander's clerk was his daughter, Brandi Alexander.

The clerk is responsible for collecting and recording fines, fees and bail, and reporting adjudicated cases to the DMV and the state's Justice Court Fund.

The justice of a court, according to the audit, is responsible for checking and reconciling the clerk's records.

While the audit uses language that is careful not to accuse Brandi Alexander of misappropriation of funds, it does outline scenarios where funds intended for fines, fees and bail are unaccounted for, understated or missing.

The audit found cash records were short by $10,628, stating the shortage is due to the lack of proper internal controls over the court's financial activities.

Of the shortage, $8,819 was for cash collected but never deposited in the court's bank account. The balance of the shortage is due to accounting errors, according to the report.

"These court (monies) are unaccounted for because neither the Justice nor the Clerk performed monthly reconciliations of Court activities, and the Justice did not review Court financial records," reads the report.

There is allegedly $16,883 in fines and bail during the audit period that were not recorded in the cash book, though funds were deposited in the court's bank account.

Also, $2,210 in payments were recorded at amounts less than actually paid; $790 in credit card payments were greater than recorded in the cashbook.

The audit also reportedly found that fines of $3,770 on 11 tickets were disposed of in reports to the DMV, but no evidence of payment was recorded. And there was an additional $2,350 in irregularities in the recording of DMV fines.

When a ticket is paid, a report is supposed to go to the DMV and to the Justice Court Fund. Auditors said they found irregularities in this duel-reporting process.

"It is unusual to report tickets as disposed to the DMV without also reporting them on the JCF monthly report," auditors said. "There is a risk that these fines could have been paid in cash and not recorded, or deposited and not recorded."

A total of 67 cash, check and money order payments were recorded for amounts less than the amount actually paid by the defendants, according to the report, and only 38 of the actual plea documents could be located by auditors. 

For 22 credit card payments, auditors located 14 plea sheets and on 10 sheets the amount of the fine noted was less than what the defendent actually paid.

Auditors were able to contact two individuals who were able to produce copies of sentencing letters used to notify defendants who plead guilty by mail of the sentence imposed. In both cases, the letter asked the defendants to pay a fine higher than what was recorded on the plea sheet.

"This test was necessarily limited because there were very few sentencing letters in Court records," auditors wrote. "However, given that this relatively simple scheme was used on at least two occasions, overstating fines in sentencing letters is one of the practices that could account for under-reported fine amounts in the cashbook."

When asked about the irregularities, Brandi Alexander reportedly told auditors, "that she performed her job too quickly and had made many errors."

Alexander began her full-time position March 10, 2008.

The audit says it's not unusual for a justice to hire a family member as clerk, but when a justice does hire a family member, he must seek the approval of the Unified Court System.

The audit states that Alexander did not receive permission to hire Brandi, and when permission was sought -- after the village board requested the audit -- the request was denied, at which time the board voted to remove Brandi from the clerk's position.

Typically, the board cannot hire or dismiss a court clerk without approval of the village justice, but once the UCS ruled that Brandi could not hold the position, the board had no choice but to terminate her employment.

While the court and its employees are an independent entity -- the village board has no control over its activities or its books -- the clerk's salary and benefits are picked up by the village.

Among the auditor's recommendations are that the village attempt to recover funds owed to the court by the justice.

Also, the auditors recommend that Justice Alexander seek to identify defendants who overpaid fines and issue them refunds on the overpaid amount.

The report also calls on the court to tighten up its financial controls and bookkeeping.

For the full report, click here.

A two-car accident with air bag deployment is reported at Byron Holley Road and Cockram Road, Byron.

If there are injuries, they are minor.

The cars are blocking and there is reportedly a lot of debris in the roadway. Byron and South Byron fire departments being dispatched as a precaution.

UPDATE 8:45 a.m.: There were no injuries. Byron and South Byron are back in service.

Thomas J. Hutton, 28, 9624 Clipnock Road, Stafford, is charged with forcible touching and endangering the welfare of a child. Hutton is accused of forcibly touching/grabbing the intimate parts of a person under age 17 in October. In a separate incident, Hutton is accused of offering cigarettes to a child under 17 in exchange for a sexual act. Following arraignment, Hutton was placed under the supervision of Genesee Justice.

Carrie Quashaye Blunt, 19, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny and unlawful possession of marijuana. Blunt is accused of shoplifting from Walmart. Blunt was taken into custody following an alleged verbal confrontation with a store employee. During the investigation, Blunt was allegedly found to have marijuana concealed in her purse.

Substance abuse professionals and those who deal with drug addicts in law enforcement have a new wrinkle to contend with -- so-called incense products such as synthetic marijuana and bath salts.

At GCASA, Genesee Justice and county probation (Hope Haven's director refused an interview request for this story), professionals say the fairly new substances make their jobs harder.

Products such as K2 and Spice, on the fake marijuana side, and "bath salts" with names such as Ivory Wave, Bliss and White Lightning, which are designed to mimic cocaine or methamphetamine, are readily available online and at a few retail outlets in Genesee County.

The ease with which an addict can obtain a product is one complication, but an added difficulty is that the chemistry of drug screening hasn't yet caught up with the new substances.

Typically, a drug screen contains seven to nine test panels and people in treatment can be covered by insurance.

Screens for incense products cost from $35 to $115 per test and are not covered by insurance.

"What you run into is that drug companies and agencies doing the drug testing haven't caught up with a substance that's fairly new," said John Walker, director of clinical services for GCASA. "When there is something new, it takes a while for the labs to catch up."

Walker thinks that eventually, even these newer designer drugs will be included in a normal toxicology scan.

That doesn't mean substance abuse professionals are completely clueless about who might be using these substances.

There are still signs to look for, from the glassy eyes to paranoia and aggitation.

When a counselor suspects a patient is using incense, the councilor can request a screen for the substances, and that does happen, Walker said.

For probation officers, there is an additional clue, said Director Julie Smith. Sometimes a probation officer will just walk into the residence of a person on probation and see a package of K2 sitting on a table.

That could lead probation to refer the person to a substance abuse program, or get the terms of the probation amended to specifically prohibit the use of incense products.

"We're definately coming across it, especially during searches," Smith said.

The substances can also present a danger to probation officers, Smith said, especially bath salts, which are known to make users more agitated and difficult to control. Officers don't always know what they're walking into when they check in on a client.

However, if a person is on probation with no prior history of drug use, then there isn't much the probation officer can do about that person smoking, say, K2.

The substance is legal and the terms of probation must fit the crime.

Amee Weierheiser, a case worker for Genesee Justice, said the rise of substances such as K2 is troublesome, but so far, only three defendants in a Genesee Justice program have admitted to K2 use. She said they were high school and college students who admitted to using the product.

If a client doesn't admit to use, then case workers must fall back on observation to determine if a person is using an incense product.

"It’s a huge concern," Weierheiser said. "These kids think it’s a legal way to get high, but it causes all kinds of problems."

Weierheiser said she would like to see the county institute a training program for professionals who deal with defendants and abusers to help them better detect and identify incense product users.

Smith shared Weierheiser's concern that people who consume incense products just aren't really aware of what they're getting into.

"It’s synthetic and it’s dangerous," Smith said. "It says right on the package 'not for human consumption.' People young and old need to realize what this is doing to them. It can certainly cause harm to them."

Walker said that while people tend to want to try out new things, the rise of synthetic marijuana and bath salts is a concern.

"People don’t really know what they’re doing, whch makes it kind of scary, but the popularity is increasing," Walker said.

Previously:

• Potentially dangerous synthetic drugs readily available in Genesee County
• 'Hammer Head' 'incense' blamed for seizure of youth in Le Roy

The hit man was named "Shootout" and the target was an alleged criminal associate of two brothers sitting in the Genesee CountyJail. But the simple plan turned out not to be as simple as the brothers reportedly hoped.

"Shootout" couldn't make it to New York, and when the brothers allegedly found another hired gun, it turned out they were allegedly handing their money over to an informant for the Sheriff's Office.

The details of a murder-for-hire case came out in county court today when Justin Barker, 22, one of the brothers allegedly involved in the gruesome plot, entered a guilty plea to the conspiracy charge.

The charges against Derrick Barker, right, are still pending.

Justin entered an "Alford Plea," which means he acknowledges a jury would likely find him guilty of the crime based on evidence presented by the prosecution, but does not admit actual guilt.

The plea requires the prosecution -- in this case, Assistant District Attorney Will Zickl -- to recite the evidence against the defendant.

Zickl said that, in part, the prosecution has copies of notes passed back and forth between Justin and Derrick, an audio recording of Justin and Derrick discussing their alleged plans with a person who turned out to be an informant, and information on the money obtained by the brothers. The prosecution also says it has photographic evidence of the money being turned over to the supposed second hit man, who turned out to be working for the Sheriff's Office.

The original plan, according to Zickl, was for a hit man named "Shootout" to travel from Georgia to New York and kill Benjamin Santiago Jr., who was arrested with the Barker brothers June 2.

The brothers allegedly believed that Santiago had provided information to the police about their suspected criminal activity.

When the brothers allegedly could not secure the services of "Shootout," Derrick allegedly asked another Genesee County Jail inmate -- who was already working with authorities -- if he knew anybody who could do the deed. The informant said he did, but that it would cost the Barker Boys $600 to get the job done.

"The Sheriff's Office observed the $600 being handed over to the cooperative associate and the money was then turned over to the Sheriff's Office and held for evidence," Zickl said.

While Justin did not admit factual guilt to the conspiracy charge, he did plead guilty to a count of  burglary, 3rd.

Justin admitted breaking into the Beaver Brothers Restaurant at Darien Lake Theme Park in September 2009.

Justin Barker, who is facing a two- to six-year prison term, is being held in the jail pending sentencing without bail.

A 29-year-old Genesee County resident with multiple arrests over the past couple of years could get up to five years in prison as part of a plea deal.

In county court on Thursday, Robert J. Eppolito, most recently of Church Street in Le Roy, entered a guilty plea to criminal contempt, 1st, with a negotiated prison term of one to three years.

Eppolito is also charged with assault, 2nd, for allegedly punching and kicking a person during a confrontation in September in Le Roy.

Public Defender Gary Horton, representing Eppolito on the assault charge, said a plea agreement is in place, including a plea on the criminal contempt charge, that could lock Eppolito up for a maximum of five years.

The two sentences -- for criminal contempt and for the alleged assault -- would be served concurrently.

Eppolito is expected in court next week to answer to the second-degree assault charge.

The cases are separated because they are unrelated.

In court Thursday, Eppolito admitted that he violated a court order by being with a protected person and by drinking alcohol.

Sentencing will take place at 9 a.m., April 23.

Eppolito is being held in the Genesee County Jail.

Press release:

At the fall meeting of the New York State County Treasurers and Finance Officers Association, held in Syracuse, Genesee County Treasurer Scott D. German was elected as the association’s president.

German was unanimously chosen by his peers statewide. Members of the association are elected county treasurers or comptrollers and appointed county commissioners of finance and their deputies from throughout New York State.

German has been a member of the association since he became deputy treasurer of Genesee County in 1994. He has been treasurer of Genesee County since 2004 after the retirement of John F. Flint. German succeeds Terri L. Ross, Allegany County Treasurer, as president of the association.

Genesee County will likely close the financial books on 2011 with an unexpected revenue surplus and County Treasurer Scott German is recommending the legislature roll the money over into its reserves.

The extra money will likely come from a windfall of $997,000 in sales tax revenue that came in above budgeted expectations.

At Wednesday's Ways and Means Committee meeting, Legislator Ray Cianfrini asked if the 2012 budget could be amended so some of this unexpected revenue could be directed at programs cut in 2012, such as Meals on Wheels, which is being forced to reduce delivery days.

In an interview Thursday, German said the legislature could do that, but his recommendation is that the money be held in reserve.

Reserves, he said, should be used for emergency expenditures, such as a bridge falling down, and not to fund programs legislators already decided already to cut.

"Under the tax cap, the legislators still had room to raise taxes if they wanted to fund those programs," German said. "The fact the sales tax came in better than anticipated, that's not a good justification to fund a program."

The treasurer said he anticipates the county will close its books on 2011 -- which happens in March -- with $13.2 million in revenue, up from the anticipated $12.2 million.

Total sales tax for the county -- which is shared among the county and various municipal agencies -- was $35.2 million, beating the 2008 record of $34.3 million.

Higher gas prices and the three-week close-out sale at Lowe's were probably the main contributing factors to the strong sales tax numbers, German said.

Is the local economy improving?

"I would hope that would be the case, but that would be speculation," German said. "I would hope business is getting better."

Up to four inches of snow is expected to hit the area over the next several hours, according to the National Weather Service.

Winds may reach 40 mph and blowing snow could reduce visibility to a quarter of a mile, making travel more difficult.

A winter weather advisory is effect until 7 p.m.

The Genesee County Economic Development Center can generate a lot of money for itself, Legislator Ray Cianfrini said Wednesday, so he would like the county legislative body to start looking at how much this Industrial Development Agency gets from the county budget.

"I just think we should look very close at their budget and revenue," Cianfrini said. "I’m sensitive to the fact that we had to cut a lot of things out of the budget for nonprofits that do not generate revenues and they’re hurt by the fact that we cut them."

His comments followed a Ways and Means Committee meeting in which a resolution was approved authorizing the county to accept, on GCEDC's behalf, a $750,000 state grant to help bring a mushroom farm to the Genesee Valley Agri-Business Park.

While Cianfrini was less direct about his concerns during the meeting, afterward, he said, yes, he does question bonuses being paid to GCEDC's executives while the county is providing $234,000 in supplemental funding to the agency.

"I personally received a lot of phone calls from constituents," Cianfrini said. "This riles them and they’re angry over the bonuses. I think that maybe that I, as a legislator, and we as legislative board, should be looking at GCEDC a little more closely and say, 'if you have the money to pay the bonuses, should we be funding you at the current level?' "

The bonus issue has been controversial for a year now, sparked by a state audit report that questioned the method of bonus disbursement, and it reignited a month ago when $120,000 in new bonuses were announced.

At the same time, the county has been forced to cut some programs, such as Meals on Wheels.

Cianfrini used the mushroom farm grant as an example of how GCEDC and its nonprofit Genesee Gateway Local Development Corp. generate significant profits.

With the $750,000, GCEDC will be able to sell the land for the mushroom farm and make a profit, make a loan and get the principle repaid plus interest, and collect a $16,000 fee for the operations expense of putting the deal together.

"This is a great moneymaker for the LDC," Cianfrini said. "And what do they put into it? Nothing. What are they going to get out of it? A lot.

"I just wanted people to understand how this works," Cianfrini added. "The state puts up the money. We dispurse it. They get to loan it out. They get income, they get revenue, they get operating expenses."

Cianfrini said the GCEDC executives are well compensated for what they do, but he's opposed to bonuses.

"If they continue to pay bonuses, then I’ll look at their funding and see if it's legtimate," Cianfrini said.

The Sheriff's Office plan to convert a jailed drug dealer's car into cash hit a road block Wednesday in the Ways and Means Committee.

A resolution authorizing the Sheriff to auction off the 2005 Chevy truck passed the Public Service Committee on Tuesday, but Wednesday, Legislator Ray Cianfrini had new information on the state law governing the disposal of seized assets.

Cianfrini said he wasn't concerned about the Sheriff's Office getting the money, just that proper procedures be in place and that the law is followed.

"I think there needs to be something more speicific and there needs to be more clarification," Cianfrini said. "I don’t have any trouble with the vehicle going to the Sheriff’s Office for law enforcement purposes, but what about the dispersal (of the proceeds)?"

County Attorney Charles Zambito provided Cianfrini with a copy of the state law, which outlines procedures and proper dispersal of any revenue generated by the sale of seized assets. The law is complex with multiple variables, and while the Sheriff's Office could wind up with some or all of the revenue generated by the sale of the truck, so could the District Attorney's Office, or the state, or the county.

The vehicle was signed over by Matthew Zon, who entered a guilty plea to criminal possession of a controlled substance, 2nd, and was sentenced to prison for possessing and distributing methamphetamine.

Undersheriff William Sheron said that since the vehicle wasn't seized, but signed over to the Sheriff's Office by the defendant as part of a plea deal, the procedures outlined in the law didn't necessarily apply.

"You’re looking at a state forfeiture process that if (a defendant) were reluctant in turning over a vehicle to us, then we would go through this process to seize the vehicle," Sheron said. "It’s now a common practice, as part of a plea bargain, where (the defendant) signs over title of the vehicle to relieve us from going through this process."

Zambito pointed out that even in the plea agreement, the vehicle is signed over "pursuant" to state law, which means, he believes, the process for disposal of the asset is governed by the law.

"We still have to follow the rules about what you do with the property once you get it," Zambito said.

The resolution on disposition of the vehicle was tabled until the matter can be further researched and clarified.

A deputy pulled behind a car parked off to the side of the road (we didn't catch the location) and called in, "I'm going to be out with a vehicle, occupied times 2."

He called in the license plate number.

He said, "I'm going to give them a minute to put their clothes back on."

Dispatcher: "Copy. I hope the heater's on."

Calling high-speed rail "21st Century technology," Sen. Charles Schumer stopped in Bergen on Tuesday to try and prod CSX to make way for a new passenger rail line that would connect Bergen and Chili.

The $58 million demonstration track, Schumer hopes, would lead to perhaps more than $1.5 billion in funding to build a high-speed rail line from Buffalo to New York City.

CSX, Schumer said, is standing in the way of progress by not providing access to the right of way of its current lines.

Meanwhile, the federal government -- it won't cost New York taxpayers anything, Schumer said -- has buckets of money to spend on high-speed rail, and if New York doesn't grab the money, some other state will.

CSX is hampering New York's rightful claim to the money, according to the senator.

"High-speed rail has been shown to work in other countries," Schumer said. "It will work in Upstate New York. It will create jobs and bring companies to Upstate New York."

Upstate, Schumer said, is a lot like Europe.

"We’re a little more closer to Europe where it has worked," Schumer said. "The distance between the French and German cities and the distance between our cities, and the difference in population of the French and German cities and our cities are very similar."

He spoke several times about the benefits to Rochester and Buffalo of high-speed rail, but while standing in Genesee County, he made no mention of how high speed might benefit the local economy.

In an era when business executives can, as a practical matter, get from Buffalo to Manhatten in nano seconds, Schumer said high-speed rail is a business necessity.

"High-speed rail is 21st Century technology," Schumer said. "Just figure out if you have to get from Midtown New York to Midtown Buffalo or Midtown Rochester, you can go 200 mph in a train – it takes an hour to get from downtown New York City to the airport, then you’ve got to wait for the plane. Yes, the actual plane flight is faster, but when you look at it, rail is faster and easier."

Bergen Mayor Ralph Marsocci expressed concern about a 200 mph training passing through his village and Schumer said that is certainly one of the issues that would need to be addressed.

After a round of skeptical questions by reporters and even one or two of the local business leaders in attendance, Schumer said, “We can hear people say ‘No, no, no' and the same people said ‘No, no, no’ to the Erie Canal. Transportion has always been a linchpin of our economy in Upstate New York. Building good strong transportation makes a great deal of sense."

Below, a photo of a sign hung on a building near where Schumer spoke Tuesday. It reads "Choo Choo Chuck / The Track to Nowere (sic)."  

Bottom two pictures, gratuitous photos of trains that passed while the media was waiting for "Choo Choo Chuck" to arrive.

As one of the trains approached during Schumer's remarks, Schumer recalled, as he leaned out from the podium to watch the approaching train, that when he was a child his family couldn't afford nice vacations, so they went to this cabin that was right next to a rail. His parents hated it, he said, "but when I was 5 I used to love to stand there and watch the trains go by."

Scott Michael Combs, 39, of Brockport Holley Road, Holley, is charged wth DWAI-Drugs, moving from lane unsafely and driving across hazardous markings. At 4:11 p.m., Monday, the Sheriff's Office received a report of a black sedan operating erratically in the Village of Oakfield. Deputy Chad Minuto located the vehicle and initiated a traffic stop. Combs was allegedly found to be driving while under the influence of drugs.

David Wayne King, 54, of Batavia Oakfield Townline Road, Batavia, is charged with petit larceny. King is accused of shoplifting from Walmart.

A 16-year-old of Central Avenue, Batavia, was arrested on a failure to appear warrant out of Town of Batavia Court. She was allegedly supposed to appear on a petit larceny charge.

An arrest has been made in the case from September of an employee's purse being stolen at UMMC and the credit cards being used at Batavia stores.

Kiara K. Asante, 21, of 478 Tremont St., Rochester, is charged with forgery, 2nd, criminal possession of stolen property, 4th, criminal possession of stolen property, 5th, and attempted petit larceny.

Asante is currently an inmate in Monroe County Jail and was transported to Batavia City Court yesterday where she was arraigned and returned to Monroe County, where she faces similar charges.

Police believe Asante and two male associates were traveling the state, entering hospitals and colleges and stealing wallets and purses and then using the credit cards. 

Asante and her associations allegedly entered UMMC on Sept. 11, took a purse and then used, and attempted to use, the credit cards at Batavia businesses.

A 41-year-old man suspected of other property crimes is facing a new burglary charge following an investigation by the Batavia PD into a break-in Dec. 10 at a residence on Thorpe Street.

Charged with burglary, 2nd, is Eric P. Doleman, no permanent address.

Doleman is accused of making forced entry while the residence was unoccupied and stealing a number of wrapped Christmas presents.

For a time about a year ago, Doleman reportedly lived in an apartment on Thorpe Street.

Doleman, currently being held without bail, is also accused of joining with a partner, Frederick H. Robidoux Jr., 49, no permanent address, and breaking into a residence at 10 Maple St., Batavia, Dec. 29.

He is also a suspect in a car break-in at Tops Market on Dec. 13.

A motor-vehicle accident has been reported on Wilkinson Road near the railroad tracks.

It's unknown if there are injuries.

East Pembroke Fire Department and Mercy EMS dispatched.

UPDATE 9:22 a.m.: A firefighter on scene helped push the car out of a ditch and the car continued on its way. No damage. No injuries. All emergency response cancelled.

A doctor who has treated 11 of the 12 girls in Le Roy who have been suffering from tic symptons appeared on NBC's Today Show on Wednesday morning and shared their diagnosis.

It's "conversion disorder," or "mass hysteria," he said.

“It’s happened before all around the world, different parts of the world," said Dr. Laszlo L. Mechtler, of the DENT Neurologic Institute in Amherst (there's also an office in Batavia). "It’s a rare phenomena. Physicians are intrigued about it, but the bottom line is, these girls will get better.” 

The school district also released (though we have not obtained yet) a report completed in December by a private environmental testing firm that says, according to NBC, no possible environmental causes were found on school grounds or in school buildings.

Brooke Dupont, one of the 12 students who has suffered from tics, appeared on the Today Show, along with her father, Jim Dupont.

"Obviously, not all of us are accepting that this is just a stress thing," Jim said. "Our kids didn’t all get sick by coincidence. It’s heart wrenching because you feel that your daughter is not going to be able to have a normal life."

Brooke said that even though her symptoms have nearly disappeared, she is worried they might come back.

"It is really frustrating because I would like to know why this is happening and fix it," Brooke said.

UPDATE 8:40 a.m.: The school district's statement is here, plus a PDF of Indoor Air Quality Report and PDF of the Mold Report.