Stories from

Should some fireworks be legal in New York

New York Times: Bill to Legalize Fireworks Awaits Cuomo’s Decision

A jury charged with deciding guilt or innocence in a case of alleged sexual abuse, spent this afternoon deliberating but has yet to reach a verdict.

The jury reconvenes at 9:30 a.m.

After a day and a half of testimony in the trial of Ronald Smith, the jury heard closing arguments late this morning from Public Defender Gary Horton and Assistant District Attorney Melissa Cianfrini.

Smith, a Level 3 sex offender who was out of prison just a few months before he allegedly sexually abused a 7-year-old girl, is charged with three counts of sexual abuse,1st. If convicted, he could be sentenced to as much as three consecutive seven-year sentences.

In order to convict Smith, Horton told the jury, each juror must find beyond a reasonable doubt that Smith intended to achieve sexual gratification when he allegedly touched the little girl's private parts.

Horton argued that there is no evidence that Smith intentionally touched the girl in a sexual manner.

According to Horton, a videotape of a police interrogation of Smith fails to demonstrate that Smith intentionally touched the girl in a sexual way.

"They ask the same question over and over again because they're not satisfied with the answer," Horton told the jury. "They even suggest answers. 'We know you touched this girl in this way,' they said. But what you have is Ronald Smith protesting vehemently that he ever touched that little girl, not in that way, not in a sexual way."

(For fuller coverage of the videotape evidence, read Geoff Redick's story on WBTA's website.)

Horton also told the jury that the young alleged victim changed her story on the witness stand, first saying that Smith had touched her bare skin when questioned by Cianfrini, denying it when questioned by Horton, and then saying again that Smith touched her in her private area and touched bare skin.

Smith is accused of using his finger to touch the girl's intimate area on three different occasions -- once on a visit to her mother's house when he was in the mother's bedroom with her and his 1-year-old child, once in the living room while they watched TV and once in her bedroom.

At one point in testimony, however, according to Horton, the girl even denied Smith ever came over to her house.

Horton was careful not to accuse the alleged victim of lying.

"I point all of this out, not to say this little 7-year-old is involved in some grand conspiracy to bring false accusations against my client," Horton said. "I am saying that, because of her age and level of understanding, she was asked many leading questions. And when she testified she agreed with Ms. Cianfrini, and when I asked the questions she agreed with me."

Horton said the girl showed the same propensity to agree with an adult authority figure when questioned at the Child Advocacy Center by a doctor.

There may be evidence that the girl was molested by another man when visiting his house in another county.

"I am saying it is quite possible that this little girl was molested by somebody else," Horton said.

Cianfrini, in her closing argument, said all of the evidence pointed toward Smith -- that he knowingly, purposefully and for sexual gratification touched the girl's vagina.

"Three times is not an accident," Cianfrini said.

A good portion of Cianfrini's argument involved pointing out Smith's inconsistent statements.

At one time, in a written statement, he denied ever going over to the girl's mother's house to visit his own child when there wasn't another adult present.

But in the video, he clearly admits being alone with the girl at times, but denies touching her in a sexual way.

"Maybe I touched her on accident, but it was when I was playing with her, when we were wrestling," Smith said. "If I did touch her – I never have – but if I did, it was on accident."

Later in the tape, Smith talks with investigators about wrestling with his sexual demons, saying he had conquered those demons, which is why he said he told the girl not to cling to him all the time.

Cianfrini said the girl's testimony was consistent and contained the kind of detail that makes her believable.

"Her recall was accurate," Cianfrini said. "She was able to testify accurately and in detail as to the place of the incidents, what rooms she was in. She was able to describe what she was doing, what Ron was doing and what her baby sister was doing. She was able to tell you what clothes she was wearing. She could tell you where the baby was located."

It was clear, Cianfrini said, that Horton's questions often confused her and once she understood the questions, she gave consistent answers.

We've selected the winners of three contests we recently held on The Batavian.

In the Facebook "Like" contest sponsored by Hardcor Audio, Brian Staebell is the winner. Staebell wins a free remote starter from Hardcor Audio.

In the Facebook "Like" contest sponsored by Scratch Bakery, the winner is Denise Rader. Rader wins a birthday party package.

In the Facebook "Like" contest sponsored by The Batavian, Lynn Bezon is the winner. Bezon wins an 8G iPod.

Thank you to all who participated. We'll have more contests as soon as we get them organized.

I happened down Sumner Street in the city this afternoon -- when the sun was still out -- and spotted a row of sunflowers in a resident's yard. My natural reaction, "let's take some pictures." Here's two of them.

Press release:

The Batavia Police Department is investigating two reported incidents of residential burglary. One incident occurred at a home in the 200 block of State Street. The other incident occurred at a Norris Avenue residence.

Both incidents occurred during the late evening hours, of Monday, September 19th or during the early morning hours of Tuesday, September 20th. During both incidents, the homes were occupied and doors had been left unlocked.

Cash was taken from a purse during the State Street incident. A laptop computer was taken during the Norris Avenue incident.

Anyone with information or anyone having observed suspicious activity is encouraged to contact the Batavia Police Department at 585-345-6350 or the Batavia Police Department’s Confidential Tip Line at 585-345-6370. Information can also be submitted via the Suspicious Activity Report link at the website of the Batavia Police Department.

Residents are reminded to secure the doors to their homes, especially during the overnight hours.

Jody B. Gillett is indicted on two felony counts of menacing a police officer, one count of criminal possession of a weapon, 3rd, and two counts of menacing, 2nd. Gillett is accused threatening, with a knife, two members of the Genesee County Sheriff's Office during an incident July 24 at 8 Pine Hollow Road. He is also accused threatening, with a knife, two other people in the same incident.

Grant A. Sundown Jr., is indicted on a count of DWI and aggravated DWI, driving with a BAC of .18 or greater and three counts of aggravated unlicensed operation. Sundown is accused of driving drunk on Lewiston Road, Oakfield, on April 7.

Paul Wapniewski is indicted on a count of burlgary, 3rd, criminal mischief, 2nd, and petit larceny. Wapniewski is accused of breaking into Delavan's Restaurant, 107 Evans St., Batavia, on May 6.

Jose A. Torres is indicted on two counts of criminal possession of a controlled substance, 3rd. Torres is accused of possessing cocaine on March 28 with the intent to sell it.

Charles L. Muntz is indicated on a felony count of DWI. Muntz is accused of driving drunk on Griffin Road, Alabama, on April 16.

A Batavia nurse is among a group of professionals disciplined for alleged misconduct by Board of Regents of the NYS Department of Education, reports Buffalo First.

Buffalo First reports:

Tracy Ann Niemi, a licensed practical nurse in Batavia, agreed to an indefinite actual suspension for no less than three months and until she is found fit to practice, after which she will be on probation for two years and pay a $500 fine.

No details were released on where Niemi worked or what she reportedly did to violate standards.

Residents of Stringham Drive and Violet Lane made it pretty clear at a Town of Batavia Planning Board meeting Tuesday night -- they don't want an out-of-town developer creating another State or Thorpe street in their neighborhood.

Several residents spoke about their concerns over the proposed Garden Estate development, whose developer is reportedly receiving a $6 million grant to build 19 subsidized homes, even though there's no evidence of a shortage of low-income housing in Genesee County.

The purpose of the meeting was to uncover areas of concern residents might have related to the environmental impact of the project and create what's called a "scoping document." That is a detailed outline of issues that will be contained in the environmental review statement.

While some residents worried about traffic impacts, most comments were pointed at the developer, Rochester-based Nathaniel Development Corp., and whether the project is really needed in Batavia.

Only one representative of Nathaniel was at the meeting, attorney James Bonsignore, and the unwillingness of corporate executives to attend serves as proof, residents said, that Nathaniel is trying to pull a fast one on Batavia. Planning board members say it's very unusual for the main developer not to go to at least one meeting during the review process.

"My other concern," said one resident after questioning the integrity of the developer, "is the type of people who are going to move in and how it impacts the rest of the community."

That was one of the statements that seemed to upset Bonsignore, who stormed out of the meeting when it was over, and initially refused to answer a reporter's questions or even share a copy of his business card.

Pressed for a response to some of the points raised by residents, Bonsignore spun around and said, "Here, you want a statement, one of the persons tonight said that his main concern is the type of people that are going to live there. He made an admission on the record that they're asking the board to discriminate. The law is absolutely clear that uses as determined by the planning board are to be determined by the use of the land not the persons who own it or occupy it."

Bonsignore also became testy during the meeting, when asked near the end to provide information on a reported $6 million grant for Garden Estates. He refused.

"I don't want to disclose it," Bonsignore said. "That information will come out, but when I'm sitting here under personal attack, when I'm just here to represent a developer on a project and I'm attacked for just doing my job, I'm not going to participate in this discussion."

While several residents called Nathaniel Development Corp. untrustworthy, and  seemed dismayed over the developer's lack of transparency, none of their remarks were directed at Bonsignore.

Though some people did indicate that, previously, Bonsignore more or less tried to run the meeting and tell the planning board how to do its job.

"They (Nathaniel Development) are dishonest and deceitful and they don't show up at our meetings," said Jean Butzer, summing up the sentiments expressed by several residents. "I'm not saying I don't want this development in my neighborhood. I'm saying I don't want them in my town or in my county."

Several people applauded Butzer's remarks.

At the start of the meeting, Bonsignore made a statement at the request of Kathy Jasinski, chairwoman of the board, and said that worries over how the project is funded and who might move into the 19 homes are beyond the scope of an environmental review.

"This is a single-family subdivision," Bonsignore said. "Whether it is financed publicly or privately is not an environmental issue and should be of no concern to the board."

Because a previous scoping document was completed, Bonsignore said, the only two areas of further review -- noted as an area of concern in the previous process -- are traffic and the extension of Violet Lane. Any other subjects, he said, were out of bounds.

Attorney Kevin Earl, representing the planning board, disagreed with Bonsignore.

"(In reviewing the law) I didn't see anything in scoping that limited it just to areas that are checked as significant concerns," Earl said. "It's up to the board to say what they want in the scoping document. I can't see a court overturning a review because the board wanted to review too much."

After Bonsignore pressed the point again that the board can only review the two issues, Town Engineer Steve Mountain spoke up.

"If that were indeed true, then there wouldn’t be any need to have a public scoping process," Mountain said. "If it’s already set in stone, then why do the regulations require a public process?"

Jasinski made it clear the board is going to expect a fully completed scoping document with all of its concerns addressed.

"It's been the practice of this planning board to take a good hard look at SEQRA issues," Jasinski said. "We intend to have all of our questions answered and we want to get public input. We intend to put the two scoping documents together and come up with our final scoping document."

Top photo, attorney James Bonsignore. Bottom photo, resident Ron Penepent, speaking.

Penepent questioned taxpayer money being used to fund the project and what will be done with the money. Another resident noted that 19 homes priced at $150,000 each doesn't equal $6 million in cost.

Other residents said they have contacted their state and federal representatives about the use of taxpayer money on a project that is seemingly not needed, but haven't gotten much of a response.

One lady said she's written to both Assemblyman Steve Hawley and State Sen. Mike Ranzenhofer and received back form letters referring her to the town planning board as the proper place to raise her concerns.

Week 2's winner: Tom Guentner, who was among six entrants who correctly picked
Jermaine Gresham, Cincinnati, as the tight end with the most reception yards.

The menu of great local restaurant choices in Batavia grew a bit today with the opening of Salsa and Curry on Jackson Street (former location of Margarita's Mexican Restaurant).

Owners Deena Rathod (right) and daughters Anvpa Hirani (left) and Priya Rathod have opened with just a Mexican food menu for now, but starting Friday will offer daily Indian food specials.

If the Indian food goes over well -- and several of the first customers in the restaurant today asked for Indian food -- then the menu will be expanded.

"If there is demand for it, we'll bring in more Indian food," Deena said. "We'll add it to the menu, but for now we're trying it on a limited basis."

With no previous Indian food restaurant in Batavia to judge the curry-and-spice offerings of the cuisine, the Rathods want to see how much demand there is for Indian menu items.

The Rathods have made a significant investment in remodeling the interior of the former Margarita's, reconfiguring the space, putting in new flooring, booths, tables and chairs.

"I've always wanted to open a restaurant," Deena said. "I have a passion for food and I like to make different dishes. In the past, when I've made different dishes for family and friends, they all enjoyed it."

Deena said many customers who have come into Mr. Wine and Liquor -- which her family also owns -- since Margarita's closed have urged her and her family to open a restaurant, especially an Indian restaurant (the building on Jackson is owned by Deena and her husband, Kevin).

The opportunity seemed ripe to go ahead and give it a try, Deena said.

A two-car, personal injury accident has been reported at the intersection of Lockport Road and Route 98.

Fire police are shutting down traffic on Route 98 and Old Route 98.

Elba Fire Department and Mercy EMS dispatched.

UPDATE 5:35 p.m.: More EMTs requested to the scene.

When it comes to roads, there isn't much good news for the county, according to Tim Hens, highway superintendent.

There simply isn't money available for basic maintenance and with the cuts expected to the county budget, the county may not have the manpower this winter to operate snow plows.

The past several years, the towns have assisted the county as part of a shared services agreement, but the patience of town supervisors is wearing a little thin, Hens told the Public Services Committee on Monday.

"At the last meeting I got some blow back that enough is enough," Hens said.

County Manager Jay Gsell is asking all the departments in the county to cut spending by 5 percent.

For the highway department a five percent cut -- after years of trimming -- means layoffs, Hens said. That's all there is left to cut.

"Technically speaking, our staffing will be three people short of what we need to respond to a snow or ice event," Hens said.

Even if the county raises the property tax levy 2 percent, as allowed under a new state law, the increase won't even cover the anticipated rise in the county's retirement and medical expenses for 2012.

Without money to resurface roads as needed, the county has been sealing and patching cracks, Hens said, but many of the roads are well beyond these patchwork repairs.

"It's gotten to the point where even the public knows it's not the right treatment for the road," Hens said. "We get phone calls about it, but it's not like we don't know what we're doing. We have no option. There's no money and we're trying to stretch it as far as we can."

Among the cuts in the upcoming budget will be reduction painting pavement markings on county roads.

“That’s a service that people out on rural roads really depend on on a stormy night," Hens said. "That’s getting cut out."

This summer a bridge on Arnold Road in Elba had to be closed because one of the supports had completely rusted away. Funds from other bridge repairs had to be diverted to pay for the bridge to be replaced.

Several county-owned bridges now have weight limits on them that prevent fully loaded school buses from driving on them.

"Our snowplows really shouldn't be on them," Hens said.

It wasn't all bad news for the county that Hens delivered to the legislators, though.

Revenue is up about $100,000 at the county airport because of record fuel sales, and all the new hangars are leased and there's a waiting list for hangar space.

Also, a new online reservation system for county parks will make it easier for residents to book pavilions for parties and picnics.

The automated system will end the need for people to drive to the highway department facility on Cedar Street to make reservations and save about two hours per day of staff time to deal with reservations.

Underage drinkers who get caught and then ignore the ticket may soon find themselves losing their drivers' licenses.

A bill to put some teeth in underage drinking provisions got the support of the Public Service Committee of the Genesee County Legislature on Monday.

One of the biggest backers of the bill is Darien Town Justice Gary Graber, legislators noted. Graber sees hundreds of underage citations written every summer at the Darien Lake Performing Arts Center, but apparently few of the under-21 crowd cited ever make their scheduled court dates.

And there isn't much Graber, and other justices, can do about it, unless Assembly Bill A5722 passes.

The bill would also make it possible to suspend the driver's license of anybody given a citation for marijuana possession who doesn't appear in court.

On Monday, legislators passed a resolution urging Assembly and Senate approval of the bill.

After nearly two decades of caring for unwanted equines, Mike and Chris Dodge are finding it a bit harder to carry on. Since they started their efforts, initially in Ventura, Calif., they have so far saved 400 horses.

Now in declining health and grappling with a 40-percent drop in donations, the Dodge's are still doing what they can to keep their horse rescue in Pavilion going.

Sunday, they and a group of supporters and volunteers held an open house at the rescue on Dow Road. While there were many new faces, attendance was down from previous years, Mike Dodge said.

"Donations are down because of the economy, but it's that way with every non-profit," Dodge said. "Without those donations, though, we don't have the money to do what we have to with these guys."

There are 24 horses on the ranch and it costs $125 per month -- $3,000 a month total -- just to feed them. Plus there are medical bills and other expenses associated with operating the rescue.

The pasture out back hasn't been mowed for a while because the lawn mower broke.

Volunteers help, but many of them are students at SUNY Geneseo, so when school is out, there are fewer hands to clean stables and feed and water the horses.

Dodge noted that some of his volunteers have been kids who learned to ride at commercial stables and think they might to own their own horse. What they learn in volunteering, Dodge said, is that "90 percent of the care of a horse is on the ground."

Mike and Chris started horse rescue in Ventura County 18 years ago because they thought the humane society near their home didn't do a very good job.

Mike said they would put down a horse as dangerous if it kicked up its rear legs.

"That's just a horse having fun," Dodge said.

They stayed there for eight years before moving to Pavilion so Chris could be closer to her family.

In an era when many people who thought they could afford horses, now find they can't, as many as a 100,000 horses are sent to slaughter each year -- slaughtered in Mexico or Canada, because environmental regulations make it tough to run a commercial horse slaughter anywhere in the United States.

The Dodges have two horses on their way out for adoption, which is helping to make room for one horse that can no longer be cared for by its owners.

"This little girl has been riding him every day for four years, but they couldn't find a place to board him, so we're bringing him here," Dodge said. "She's a nice little girl."

While some horses do go out for adoption, so many of the animals brought to the rescue are hard to place because they're old (one horse at the rescue is 41 years old, which is like 123 to you or me), feeble (the white horse with spots pictured below is blind, but just about the friendliest horse you'll ever meet) or too ornery for hobby owners.

"Everybody wants a horse that's easy to handle," Dodge said.

Anybody who can care for the animal, handle the $125-per-month feed bill and provide it adequate pasture and shelter, is eligible to adopt a horse.

Every horse saved is another that can be saved, and that's what keeps Chris and Mike going.

"It’s strictly for the horses," Mike said. "They can’t speak for themselves. Just like dogs and cats, they need someone to speak for them, to be their voice."

The next closest rescue in New York is in Lima, where 12 horses are boarded; otherwise, there's no other horse rescue in Western New York.

Mike said he realizes with all of the horses that have been sent to slaughter over the years, 400 rescued is "just a drop in the bucket," but it's still worthwhile.

"It sure means a lot to that one horse."

Here's a video produced by somebody in Buffalo about the rescue:

For more information, visit the rescue's website.

Billy Joe Edward Murphy, 29, of Route 20, Pavilion, is charged with criminal possession of a weapon, 4th. At 9:21 p.m. Saturday, Sheriff's deputies responded to a report of a domestic disturbance. During the investigation, a long gun was located inside the residence. Allegedly, because of Murphy's criminal history, he is not legally permitted to possess firearms. Murphy was issued an appearance ticket on the weapon's charge and then booked into Genesee County Jail without bail on a warrant for an unrelated matter.

Tiffany Leigh Brown, 24, of South Main Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Brown is accused of throwing a Thermos at another person. The Thermos reportedly ricocheted off the other person then struck and broke a glass bottle sitting on a shelf.

Batavia PD issued 29 citations during a special traffic enforcement detail Thursday.

The checkpoint was set up on Oak Street near the Thruway entrance.

Among the citations issued were four to drivers of commercial vehicles.

The enforcement effort was funded by a "Selective Traffic Enforcement Program" grant issued through the governor's Traffic Safety Committee.

Earlier this summer, a traffic safety check at the same location yielded 35 citations.

The Genesee County Sheriff's Office is warning local residents about a possible phone scam that is masquerading as a law enforcement call.

At lease one person in Genesee County has received a phone call threatening arrest if the person did not pay back a Payday loan.

The caller told the mark that he would be given a couple of hours to make a credit card payment or a warrant would be issued.

The caller made several calls from a 215 area code number (Pennsylvania) and at least one call had a caller ID of 9-1-1.

After the deadline passed, the mark received a phone call with a caller ID of (585) 345-3000 (the Sheriff's Office) advising him to turn himself in.

The phone call did not originate from the Sheriff's Office.

When the Sheriff's Office tried to contact the supposed company behind the collection effort, investigators were not able to verify any claim to law enforcment status.

The address given by the company for its location is a department store in Philadelphia.