Attorneys for alleged bookies say discussions ongoing to resolve the case

UPDATED 3:25 p.m.

An attorney for one of the city firefighters accused of bookmaking said after a court appearance today that he expects the case to be resolved by Dec. 11.

That's when the three defendants in the case will return to Batavia City Court.

The defendants, Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, appeared in court today with their attorneys.

After an appearance for his client Phillips, attorney Larry Andolina said that discussions were taking place that could resolve the case and he expected a resolution by Dec. 11.

Asked if that meant a plea deal, he said he didn't know. Asked if there's a chance the charges cold be dropped, he said, "there's always a chance." Asked if there were any new developments in the case, he said, "no." 

District Attorney Lawrence Friedman confirmed that his office and attorneys for the three defendants have been in discussions. He noted that the defendants have waived their right to a speedy trial in order for discussions to take place.

Judge Robert Balbick set today's appearance date six months ago, giving the prosecution and defense a chance to work a deal or time for the DA to submit the complicated case to a grand jury.

The case has apparently not yet been presented to a grand jury.

"Typically, a case does not go to the grand jury unless and until we are unable to resolve the case without doing so," Friedman said.

The three Batavia residents were initially charged with criminal possession of gambling records, a Class E felony. Later, an additional Class B felony charge of "enterprise corruption," under New York's racketeering statute, was added.

Attorney Thomas Keane, appearing for Engel, told Balbick that he has been in discussions with Friedman and in light of those discussions, he asked for the case to be continued until Dec. 11.

Andolina and Bordinaro's attorney, Joseph LaTona, also asked for an adjournment to Dec. 11.

Photo: Phillips arriving for court.