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Local girl needs service dog to help her stay calm

By Howard B. Owens

Submitted by Batavia resident Rachellyn Burek

I learned that my daughter, Zala Marie Cooper, had medical issues at around the age of 3. She has unusual difficulty dealing with change, and gets extremely upset. Her meltdowns can last from minutes to hours.

Zala is an animal lover. She would, and has tried to, take strays in off the street. She loves to draw. But because of her meltdowns, she has very few friends. Little things set her off. It could be a simple thing like a dinner change and she has a meltdown.

We heard about 4 Paws for Ability (a nonprofit agency) and their service dogs. We think obtaining a dog for Zala would be beneficial to her and us. It would be trained to distract and calm her when she has her meltdowns.

4 Paws has a unique approach to placement. They partner with their clients and by doing so can place dogs without a long waiting list. It will cost 4 Paws $22,000 to place a dog with Zala. We are committed to raising $13,000 in support of the 4 Paws mission and can reach our goal with your help.

If you can help us with a tax-deductible donation, please visit 4 Paws Donation Page (http://www.4PawsForAbility.org/donate-now) or mail a check with Zala’s name on the memo line to: 4 Paws for Ability In Honor of Zala Cooper 253 Dayton Ave. Xenia, Ohio 45385.

Hochul knocks House leadership for failure to act on renewal of farm bill

By Howard B. Owens

Rep. Kathy Hochul is boarding a plane in Washington, D.C., right now, heading back to her district for an election-period recess, but she would rather stay in the Capitol, she said, and give local farmers what they need to run their businesses -- the certainty of a farm bill.

"I'm ready to turn around right now and stay in Congress as long as it takes day and night and do what's right for our farmers," Hochul said.

"This is just another sign that Washington is broken and we've let our farmers down," Hochul said.

Every five years, Congress must pass a new farm bill. Last passed in 2008 as the Food, Conservation and Energy Act, the $288 billion appropriations bill not only provides crop insurance and price support for farmers, it also provides subsidies for private land conversion back to a natural state, biofuel subsidies and is the funding source for food stamps.

A version of the bill was passed with bipartisan support by the Senate, but even after winning Agriculture Committee support in the House, the bill hasn't come to a floor vote.

The 2008 act expires in a week.

Hochcul said it's baffling and unconscionable that the House leadership has blocked a floor vote.

Agriculture, Hochul said, is a $739 million a year industry in her district, and $4.7 billion statewide. 

Regardless of the legislation's provisions -- the Senate and House versions would need to be negotiated into a compromise bill in conference committee -- farmers need the certainty of a farm bill in order to operate their businesses on a daily basis.

According to an NPR article, the near-term fallout of the failure of the House to pass a farm bill is pretty minimal. The provisions of the current farm bill that most effect farmers remain in place through the end of the current growing season, which for something like winter wheat means until spring.

However, it is very uncertain what will come next, according to NPR, because some deficit hawks have their eyes set on greatly reducing expenditures in the farm bill, including for food stamps, and there may be a lot of political pressure in Washington next year to reduce spending.

"We need to keep spending under control, yes, and we need to find ways to do it," Hochul said, "but the farmers need the certainty that comes with passage of this bill."

There is bipartisan support for passage of a farm bill in the House, Hochul said, and she won't speculate on why its leadership is blocking a floor vote on such a critical piece of legislation.

"The fact they won't let us get to a compromise means that they refuse to govern and that's just inexcusable," Hochul said.

Law and Order: A pair of petit larceny charges

By Howard B. Owens

Melissa Anne Williams, 42, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of stealing $33.57 in merchandise from the Bergen Sugar Creek.

Mark Wayne McWethy, 44, of South Main Street, Batavia, is charged with petit larceny. McWethy is accused of shoplifting from Kmart.

Former Batavia resident accused of 340 counts of sexual abuse in Ontario County

By Howard B. Owens

A former resident of Prestige Circle in Batavia has been indicted in Ontario County of 340 counts of sexual abuse.

Michael S. Lewis is accused of sexually abusing two girls in Bloomfield. According to WGRZ, he entered a not guilty plea in Ontario County Court.

The crimes were alleged to have occurred between April 2010 and November 2011 in two homes in Bloomfield.

The alleged victims were between age 12 and 14.

Lewis, who faces up to a maximum of four life sentences, is being held in Ontario County Jail on $250,000 bail.

The indictment includes eight counts of predatory sexual assault against a child and four counts of endangering the welfare of a child. There were reportedly two children who witnessed the alleged crimes.

The case has been set for trial Feb. 25.

Now is the time to ask ourselves "WHY???"

By Howard B. Owens

Submitted by Dr. Beth Allen, DVM:

As you read the heading of this essay you are probably asking yourself, “why what?” What do I need to ask about that is so important to my life, my future, my family and my community? I am asking everyone to ask themselves:

“Why would I want to be involved in an organization like Peaceful Genesee?”

I am asking that we each as individuals truly and honestly take a few moments to ask ourselves how deeply we care about ourselves and others. We can glide through life so quickly -- especially in the busy circles of life we surround ourselves in, and never truly take the TIME to examine and explore how we all affect and touch one another.  

It’s easy to vent to our family and friends when things don’t go well at work or when we have personal troubles with others. But more often we don’t take the time to reflect on how it all could have been avoided. Or perhaps we feel distressed when we read about crime rising in our community, but helpless to know what to do about curbing it.  

Perhaps we read about someone that has been assaulted or injured in our community, but we feel powerless to know how to help that person or prevent it from happening again. Perhaps we know a child that has been a victim of bullying, yet we don’t feel we have the skills or tools to help them properly. Perhaps the old messages of “we shouldn’t get involved in other people problems,” or “that would never happen to me” comes into our minds. Perhaps it is fear or comfort in our segregation from other populations or cultures that keep us feeling more sheltered and we don’t want to change or grow away from those comfy boundaries.  

You may be asking, why should I try to be more tolerant when others are not tolerant of me? And around and around we go in the never ending cycle of “me or us vs. them." Perhaps we have not been taught the skills to aid us in “peacekeeping” methods like understanding healthy boundaries, regulating our emotions, or understanding the kinds of things that we do that break down healthy communication with others. Perhaps you have been a victim of violence in the past, yet you don’t feel supported enough in your community or support system to break free of its chains and long-term effects.    

Perhaps you have been fortunate enough to have not been affected by violence, but you would like to keep it that way for yourself and your family. Peaceful Genesee is devoted to all these issues and many, many more. But Peaceful Genesee cannot create real and lasting change or growth in our community without each person making it a priority in their lives. We need to develop short-term and long-term goals for ourselves and our community.

For example, a short-term goal may be to commit to being involved with Peaceful Genesee on a level that we can fit into our lives. But again, it must be on some level of priority from each of us. Let Peaceful Genesee help you to define that level that is workable and comfortable in your life. An example of a possible long-term commitment may be in working on projects for our schools or communities that increase a child’s ability to feel empathy.  

Did you know that empathy development happens very early in their development? It takes continuous and consistent reinforcement through humane activities for years in family, church and school life to make it sustainable and part of their natural nature?  

Children need cognitive intelligence, emotional intelligence, and socialization skills through many sources to achieve this. Wouldn’t it be a worthwhile dream to envision a community and world where most of us were capable of feeling empathy, and compassion? Let us build a future where we appreciate the roots of kindness automatically and we don’t have to examine the roots of violence so often.  

I can see it, can you? And I have been a victim of violence. But it took a lot of work on my part to NOT permanently fall into the easy path of recycling my anger or frustration onto others. I’m not perfect. None of us are. I have hated. I have given up at times. But building a supportive system to help me learn new skills and process those wounds saved me.

It is a goal of Peaceful Genesee to offer those solutions to each of us.

Begin by renewing your commitment to fighting violence, but also the flip side of that which is building a foundation of skills, support, and tools to enrich our lives with kindness. Can you think of a grander goal for ourselves and our children?

Please check out the Web site www.peacefulgenesee.weebly.com for further information on our upcoming educational series beginning Oct. 3 at Genesee Community College. Also, we are having essay contests for both high school and college students in which there is a chance to win a $200 Amazon gift card. Details will be following soon or can be viewed on the Web site or call Sue at 344-2611 to register now.

Law and Order: Motorcyclist accused of having stolen plates on bike

By Howard B. Owens

Matthew James Vandorn, 22, of Trumbull Parkway, Batavia, is charged with criminal possession of stolen property, 5th, unlicensed operation, switched plates, unregistered motorcycle and no insurance. Vandorn was arrested after Deputy Joseph Graff stopped him at 10:41 p.m., Wednesday, to check on a motorcyclist in a parking lot off Route 63 in Pavilion. The license plates on the motorcycle were allegedly stolen property.

Grand Jury Report: Man accused of violating court order, injuring and threatening woman

By Howard B. Owens

Robert P. Leiser Jr., is indicted on three counts of aggravated criminal contempt in the first degree, two counts of assault in the second degree, reckless endangerment in the second degree and criminal contempt in the first degree. Leiser is accused of causing serious physical injury to a person under protection of a court order on July 24 in the Town of Alabama. He is accused of hitting the person with a flashlight causing serious physical injury. He is also accused of driving in a reckless manner, at a high rate of speed and without obeying traffic devices, with that person on a motorcycle while the protected person was not wearing a helmet. He is also accused of threatening that person with a flashlight.

Bradley J. Broadbent is indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree and petit larceny. Broadbent is accused of damaging ceilings in three bathrooms and the sink in one bathroom at the Liberty Square office complex at between 3 and 3:30 p.m., July 6. On the same date, at 4:05 p.m., Broadbent is accused of damaging the door frame and door plate of an apartment on Hutchins Street. He is accused of entering that dwelling without permission. On the same date at 8:13 p.m., he is accused of damaging the exterior door of a residence on Tracy Avenue. He is accused of entering that residence with the intent of committing a crime once inside. He is accused of stealing a pair of shorts and a Buffalo Bills blanket from the residence.

Connie L. King is indicted on a misdemeanor charge of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. King is accused of driving drunk May 28 on Dodgeson Road, Alexander. She was previously convicted of driving while ability impaired in June 2009 in the Town of Batavia.

The grand jury also returned a "no bill" (meaning, the grand jury found insufficient evidence to sustain the charges) in the case of Leeann Marchese, who was accused of burglary in the second degree. The charge stemmed from an incident in the Town of Stafford on April 3.

Le Roy man who allegedly reported gang fight in July accused of filing false reports

By Howard B. Owens

A 42-year-old man who allegedly reported a gang-style assault during a graduation party in July has been arrested by Le Roy PD on a variety of charges, including making a false report.

Mark E. Cheeseman, of Le Roy, reportedly filed a report with police alleging a fight on Elm Street that he said left him severely injured.

He is said to have signed two sworn depositions alleging the fight and attack.

It turns out, according to investigators, that Cheeseman was the alleged instigator of any confrontation that night.

Cheeseman allegedly grabbed the buttocks of a woman, which led to a fight with other guests at the party.

The altercation reportedly spilled out of the residence and down Elm Street.

Cheeseman allegedly trespassed on another property and would not leave after being told to do so. He allegedly pushed another woman at that location.

Det. John Condidorio drove to Buffalo Criminal Court today and picked up Cheeseman on a warrant.

The charges against Cheeseman include forcible touching, two counts of filing a false written instrument, second-degree harassmen, and trespass.

He was arraigned and jailed on $1,500 bail.

No other arrests are expected in the case.

Rochester man arrested in Batavia for selling cocaine given prison term

By Howard B. Owens

A Rochester man accused on two different occasions of selling cocaine in Batavia was given a prison sentence of four years Tuesday, and the time will be served concurrently with a prison term he's already serving on Monroe County charges.

Thomas L. Hill Jr., 22, entered a guilty plea June 29 to two counts of criminal possession of a controlled substance, 5th.

He originally faced four counts of criminal possession of controlled substance, 3rd, following arrests for selling cocaine on Oct. 8 at 335 Bank St., Batavia, and on Jan. 7 at 174 Ross St., Batavia.

Hill received two years on each of the counts he entered a guilty plea on, which will be served consecutively.

Heading to San Francisco, then Bakersfield

By Howard B. Owens

In a few hours I'll get on a plane headed toward California.

I'll be in San Francisco tonight through Saturday evening, and then fly down to Bakersfield, visit my parents, and return to Batavia on Tuesday.

While I'm gone, Billie will be here, monitoring the scanner, of course, and covering anything that needs covering, plus we'll have help from our usual correspondents and our news partner, WBTA. And I'll be able to do a little news coverage from California. So while the coverage changes a bit with me gone, there will still be news about our community.

On Thursday I'll speak on two panels -- one on advertising sales, and another on running a small online start-up -- at the annual Online News Association conference.

ONA has become the largest trade association for online news in the world and will be attended by representatives from a lot of large news organizations. I've never spoken at the conference before and the last time I attended was in Toronto about four or five years ago. In 2004, the news site I ran then, for the Ventura County Star, won the ONA's General Excellence Award.

The industry has changed a lot in the past few years though, and when I looked at the roster of attendees the other day, I realized I will actually know very few people who will be there.

I don't expect to attend the entire conference. This will be my first trip to San Francisco since I took to photography in a serious way, so I expect to get out and wander around a bit with my camera.

This is the second of three closely timed out-of-town trips. Billie and I still look forward to a trip together to visit family in California this autumn, but we have no idea when that trip can be booked. We're still waiting for the funds to pay for it.

Darien Town Justice Graber sworn in as president of state magistrates association

By Howard B. Owens

Press release:

Town Justice of Darien, the Honorable Gary A. Graber, was sworn in as the president of the New York State Magistrates Association on September 11th during the 103rd Annual Conference and Certified Advanced Training Program of the New York State Magistrates Association held at the Sheraton University Hotel and Conference Center, Syracuse, New York, Sept. 9-12, 2012.

More than 250 local judges from all areas of New York State took part in the four day event, which combines the State Magistrates Association Annual Meeting and Conference with the Advanced Training Courses which are required by New York State for all town and village justices in the Unified Court System.

The Honorable Timothy Cooper, past president and town justice of Evans was the toastmaster for the Intallation Banquet. Honorable Gary Graber was sworn in by his co-judge the Honorable Michael S. Davis.

Among the many in attendance were: President Graber’s father, Donald Graber; brother, Tim Graber; son, Sgt. 1st Class Matthew A. Graber of the Army; daughter-in-law, Capt. Emily Graber of the Army; grandson, Ian Graber; son, Capt. Jason P. Graber of the Virginia Metropolitan Airport Authority Fire Department; and daughter-in-law Kelly Graber. Also recognized for attending the swearing-in ceremonies were Retired Justice Edgar Hollwedel, Retired Justice Charles Dusen, Retired Justice Gary Davis and his wife, Diane.

The keynote speaker at the banquet was Senator John A. DeFrancisco who proudly represents the 50th District in the New York State Senate. During the banquet, Senator DeFrancisco was presented the “New York State Magistrates Association’s Amicus Curiae Award,” which recognizes individuals other than members of the judiciary for extraordinary contributions to the Courts of New York State.

The major purposes of NYSMA are the maintenance and support of the local judiciary through education and coordination with the New York State agencies regarding laws and other matters affecting local courts, “The Courts Closest to The People.” NYSMA works closely with the Office of Court Administration to assure the training enhances the professional development of the judges and is relevant to the practical situations encountered in the local courts.

Presentations over the four-day event were made by the Office of Justice Court Support, City, Town and Village Resource Center, The 5th Judicial District, Peter Gerstenzang, Esq., Onondaga Commissioner of Jurors, Onondaga District Attorneys Office, Commission of Judicial Conduct, Gary T. Kelder, Esq. Professor of Law for the Syracuse University College of Law, Office of Court Administration, NYS DEC Outreach Program, NYS OASAS, many town and village judges, as well as many of our officers and directors of the New York State Magistrates Association.

Submitted photo: Graber, right, is congratulated after being sworn in by Darien Town Justice Michael Davis.

Law and Order: Batavia woman accused of cashing more than $5K in forged checks

By Howard B. Owens

Lori L. Mullen, 45, of 101 State St., Batavia, is charged with grand larceny, 3rd, and four counts of possession of a forged instrument, 2nd. Mullen is accused of taking the checks of an acquaintance, the forging the checks and cashing them. Mullen allegedly received more than $5,000. Mullen was released under supervision of Genesee Justice.

Cynthia Owens, 37, of 28 Buell St., Batavia, is charged with criminal trespass, 2nd, criminal mischief, 4th, harassment, 2nd and endangering the welfare of a child. Owens alleged forced her way into the apartment of an acquaintance on Ross Street, damaging the door in the process. She allegedly hit the resident in the presence of a child. Owens was jailed on $1,500 bail.

Shane Zimblis, 41, of Hutchins Street, Batavia, is charged with promoting prison contraband. Zimblis is accused of bringing "dangerous contraband" into the Genesee County Jail while serving a weekend sentence. No further information provided.

Ryan Nicholas Bartholomew, 18, of Adams Street, Batavia, is charged with trespass. Bartholomew allegedly entered private property on Kelsey Road, Batavia, without permission and caused car alarms to sound with the intent of disturbing the property owner. Also charged with trespass was Kyle James Bump, 19, of West Main Street Road, Batavia.

Jeremy Adam Schultz, 22, of Buffalo Street, Attica, is charged with criminal mischief, 3rd, and petit larceny. Schultz is accused of damaging an umbrella stand and stealing a security camera by prying it off a building on Attica Road in Alexander, damaging the camera and the wall.

Town of Batavia looking at upgrading Kiwanis Park to accommodate children with disabilities

By Howard B. Owens

It will take $125,000 of donated money, but Tom Lichtenthal, assistant town engineer and highway superintendent, hopes the community will come together to support a project that will be unique in Genesee County.

Lichtenthal is supporting a proposal to transform Kiwanis Park into a facility full of fun and activities for children with disabilities.

Central to the plan is a set of playground equipment built to accommodate children with disabilities, though can also be used by children without disabilities.

The plan also includes accessible paths and a small fishing pier on the Tonawanda Creek that is wheel-chair accessible and has guard rails.

The playground with wheel-chair swings, a tub-like marry-go-round, a conveyor-belt type of play set and a wheel-chair accessible glider would be built near the new boat launch, in an area well shaded by big, old trees.

On the opposite end of the park, to the east, would be an area of berms, sand, logs and rocks. Lichtenthal described it as "a natural play area."

The proposal was shared with the Town of Batavia Planning Board on Tuesday, but no action by the board is required at this time.

Genesee ARC supports the project, Lichtenthal said.

New roadway will connect agri-business park to Route 63

By Howard B. Owens

Town of Batavia planners are pushing forward with a proposal to add a second roadway into the Genesee Valley Agri-Business Park, connecting the park with Route 63.

Town Engineer Steve Mountain said the need and opportunity for the roadway is driven by the requirement of the Muller Quaker yogurt plan for a gas main into the park and a $1 million grant for infrastructure upgrades from state's Office of Community Renewal.

The roadway was always part of the plan, Mountain said, but not until Phase 3.

In the nearer term, the town was going to construct an emergency vehicle access road through the County Highway Department's lot on Cedar Street, but it is more cost effective, Mountain said, just to build the connector to Route 63 now.

The design of the roadway needed to coincide with the gas main design for Muller Quaker, and Muller Quaker wanted to bring the line in through vacant property to save costs.

The vacant land is primarily made up of parcels owned by O-AT-KA Milk Products and local farmer Don Partridge.

The town is negotiating now with both property owners for a right-of-way access, but all of that land (in green on the map) was always intended to be part of the Phase 3 development of the agri-business park (and has already been through the environmental review process).

Mountain said Phase I of the park is already nearly full and it's his understanding that Partridge has received offers on his land.

Currently, the only developed roadway into the park is from Route 5.

Alpina Products will hold a ribbon-cutting Monday for its new facility, which will initially employ 50 people.

Next year, the Muller Quaker plant, a joint venture between PepsiCo and the Theo Muller Group, will open with an original staff requirement of about 200 people. A mushroom farm and labeling facility (already open) are also among the park's first announced tenants.

Initially, Phase 2 of the development was to extend the rail line into the park, but there's been no demand for it yet from potential tenants.

Among the benefits of the Route 62 access point is that O-AT-KA will be able to use the roadway for truck traffic to his own facility, making the intersection of Route 63 and Cedar Street safer.

A public hearing on the revised planning map is set for Tuesday, Oct. 16, at Batavia Town Hall. More details of the project will be revealed then.

Attorney told to expect upgraded charge against Niagara Falls cop accused of fighting in Darien Lake bathroom

By Howard B. Owens

A Niagara Falls police officer accused of hitting a fellow concertgoer inside a women's room at Darien Lake Performing Arts Center on Aug. 25 could face a Class A misdemeanor charge of assault in the third degree, according to her attorney.

Attorney Norm Effman, out of Warsaw, said he was retained today to represent Kelly L. Alcorn (top photo), a 23-year veteran of the police force, who was initially arrested on a Class B misdemeanor charge of harassment, 2nd.

A woman who claims she was the victim of Alcorn has reportedly contacted the District Attorney's Office requesting more serious charges be levied against Alcorn.

Elizabeth R. Dake, 45, of Farmington, reportedly told the Buffalo News that she suffered a concussion and bruises and that she missed nine days of work as a result of the confrontation.

The fight, according to court documents, appears to have involved at least four women and may have escalated after Dake intervened on behalf of a woman Alcorn was yelling at, according to her statement, for cutting in line.

Dake reportedly told Alcorn to relax and stop yelling.

Alcorn then allegedly turned on Dake and punched her and threw her into a bathroom wall. Dake fell to the ground and Alcorn allegedly began hitting Dake while she was down.

An uninvolved witness reportedly told Deputy Lonnie Nati that Alcorn was "flailing her arms like a windmill throwing wild punches."

Another witness reported seeing Alcorn use a closed fist to allegedly strike Dake.

Also arrested that night was Karen M. Walker, 35, of Niagara Falls, on a charge of harassment, 2nd. Walker allegedly hit another patron who tried to prevent Alcorn from allegedly hitting Dake.

Effman told Darien Town Justice Gary Graber that he was informed today that a new charge of third-degree assault could be filed against his client.

Outside of court, Effman said it's his understanding the investigation is still open, which means Alcorn may yet face a felony charge.

A felony charge, such as assault ,2nd, would likely jeopardize Alcorn's law enforcement career.

Effman said both the prosecution and defense are awaiting medical reports, which will provide details on the seriousness of the alleged injuries and determine the charge to file against Alcorn.

Assault, 3rd, requires only injury to the victim and assault, 2nd, requires serious physical injury.

Today, hours prior to Alcorn's appearance in Darien, District Attorney Lawrence Friedman said no decision has been made yet on what charges Alcorn may face.

In court, while waiting for her case to be called, Alcorn sat with Walker. After her case was over, Alcorn waited for Walker's case to be heard -- Walker also pled not guilty -- and the two women left the courthouse together.

Alcorn is scheduled to reappear in Darien Town Court on Oct. 23 and Walker on Sept. 25.

Asked if there are two sides this story as there are to every story, Effman said, "There’s always three sides to every story. It depends on how many people and how they view events. We don’t really know what’s going to happen. We haven’t seen any medical evidence. We’re simply at the beginning of the process. We’ve entered a plea of not guilty and that’s our position."

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