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Dog can finally be adopted after owner admits to animal torture charge and surrenders ownership

By Howard B. Owens

Fox'r is ready to go home. Whose home, we don't know yet, but it won't be the home of Nina Kelso.

In City Court today, Kelso finally surrendered ownership of the boxer, who has been living at the Animal Shelter since being found on death's doorstep at Kelso's former residence on Hutchins Street more than nine months ago.

He can now be adopted into a forever home by a local resident.

While Fox'r has put on weight -- he's up to 84 pounds -- and regained his strength, he's also been fidgety and nervous while confined most hours of the day to a cage at the shelter. He likes people and wants to be around people, volunteers say.

The volunteers at the shelter have taken to calling him "Skully" and "Boyfriend" and they've been eager to see Kelso's court case completed so he could find a new home.

Concern for the dog is one reason the District Attorney's Office agreed to a plea bargain in the case, ADA Robert Zickl told Judge Robert Balbick in City Court today.

"There's no reason for the animal to continue being confined to the shelter," Zickl said. "It should be adopted out and that is what we prefer to do because it's in the best interest of the dog." 

Kelso entered a guilty plea on an Alford basis to one count of torturing an animal.

An Alford plea means she concedes she would likely be found guilty by a jury, but does not admit to the facts of the prosecution's case against her.

Today's proceedings started with Kelso's attorney, Fares Rumi, laying out his understanding of the plea agreement offered by the people.

The agreement was a guilty plea to torturing an animal, no fees for his care up at the shelter and no jail time.

Balbick shot back that he wouldn't necessarily agree to the terms at sentencing.

"I would have to look at her background, a pre-sentence investigation, the facts of the situation and decided if no jail would serve appropriate justice," Balbick said. "I can't do that blindly. I know nothing about your client except that she is charged with torturing an animal."

Looks of shock and horror passed over Kelso's face, who sat at the defense table in a black blouse fiddling with a long silver chain draped around her neck. She appeared close to tears.

After some whispers between her and Rumi, some more back and forth between Rumi and Balbick, Balbick suggested the attorneys proceed with the planned suppression hearing.

Rumi had made a motion to get thrown out any statements Kelso made to Officer Jamie Givens the day she responded to an animal cruelty complaint at 142 Hutchins St. on Feb. 4.

Givens found Fox'r at the top of a common stairwell (shared by two apartments). Food was strewn everywhere, there was no water, and it didn't appear that Fox'r even had the strength to raise his head, Givens testified.

He was so emaciated his ribs were showing.

Minutes after Givens arrived on scene, Kelso came up and walked up the stairs and spoke with Givens.

Rumi argued that Kelso should have been read her rights before speaking with Givens. An argument Balbick would later reject saying that Kelso wasn't in custody at the time and her statements were voluntary. 

Kelso told Givens, Givens said, that Fox'r had eaten either cigarettes or some chemical that made him sick and cause sudden weight loss. Kelso reportedly said she knew Fox'r was close to death and that her brother-in-law was supposed to pick him up the next day and take him some place and shoot him to death.

Through the entirety of Givens testimony, Kelso sat silently shaking her head "no."

After the testimony, both attorneys met with Balbick privately.

When they came back into the courtroom, Rumi met with Kelso privately. They all then approached the bench and Rumi said Kelso had agreed to the terms.

Balbick again emphasized that he retains the option to reject her guilty plea when she comes in for sentencing Jan. 6.

Through tears, Kelso said she understood.

As the details of her guilty plea and the process were discussed, Kelso stood next to her attorney nearly sobbing, but mostly holding it together.

When Balbick asked her if she was ready to surrender the dog, Kelso could barely form the word "yes" with her mouth, started to sob briefly and looked straight up at the ceiling.

Seconds passed, and she managed to sob, "yes."

An animal control officer at the back of the courtroom began preparing the paperwork.

The animal shelter is located at 3841 W. Main Street Road, Batavia. Phone: (585) 343-6410. Applications for adoption are being accepted immediately.  

Around the time of Kelso's arrest, another Batavia woman, Lauren K. Pellegrino, also also arrested for allegedly mistreating her dog, Nessa. Pellegrino was scheduled to appear on her case at 1:30 p.m., and as of 4 p.m., she had yet to show up in City Court. She missed a previous court appearance, as well, and eventually turned herself in on a warrant, according to court officials. The court was attempting to contact her attorney this afternoon. Nessa remains confined to the shelter.

CORRECTION: we originally wrote "no fine." Kelso could be fined up to $1,000. The plea relieves her of responsibility for shelter fees. However when Balbick informed her she could be fined Kelso said she had been willing to pay for Fox'r's care.

Missing chocolate lab in Indian Falls area

By Howard B. Owens

Deb Hill's chocolate lab Maggie has been missing since yesterday.

Deb said Maggie may have been scared of yesterday morning's weather and tried to follow her husband to work.

In the Indian Falls, Route 77, Phelps Road area.

She has a silver chin.

UPDATE: A reader has helped reunite Deb and Maggie.

A close up view of the Northern water snake

By JIM NIGRO

I was walking along the edge of a meadow last week hoping for pics of butterflies and wildflowers. The last thing I expected to come across was a pair of water snakes. Very large water snakes. Both specimens stretched over 40 inches in length.

Until this day, all water snakes I've encountered were either in the water or at the edge of a lake, stream or pond, their preferred habitat. These two were more than 20 yards from a pond loaded with frogs. A stone's throw in the opposite direction is a narrow, sluggish, alga-covered stream filled with tidbits on the water snake's menu.

Okay, so this pair of snakes was a bit out of their juristiction. No big deal. But a couple of days later I came across them again in the same location. And a third time less than a week later, same thing. Oddly enough, each time I saw them, the smaller snake, if you could call it that, was nearly stretched out while the darker, obviously older snake, was tightly looped, its head hidden in the meadow grass.

Northern water snakes mate around April - June and give birth between August and October. Could the larger of the two have been a female ready to give birth. Was the other the papa or might it have been hanging around hoping for an easy meal? For what it's worth, once the offspring are born there is no nurturing, young are immediately on their own.  

The Northern water snake is active both during the day and night and their prey list quite extensive. Mice, meadow voles, crayfish, frogs, fish, birds and other snakes just to name a few. In turn, the water snake is preyed upon by hawks, owls, herons, fox and possums. On the other hand, given the size of the water snakes pictured here, they may have little or nothing to fear except man.

The meadow and nearby fallow fields, now rife with wildflowers, were teeming with ground nesting bobolinks less than two months ago. I wouldn't be surprised if this pair of well fed serpents took advantage of the nesting season and helped themselves to eggs, fledglings and perhaps adult bobolinks caught off guard. 

This is the larger of the two doing its best to remain concealed. The cloudy  appearance of its eye indicates its getting ready to shed its skin. With age, the water snake's tell-tale markings begin to fade and eventually they will appear dark brown or black.

Though non-venomous, the northern water snake is a feisty sort, it will strike when cornered and bite repeatedly if handled. The bite of large water snake can be painful and its saliva contains an anticoagulant which will cause the bite to bleed profusely. In the South they are often mistaken for copperheads and water moccassins and as a result are sometimes killed on sight.  

Baxter is Genesee County's Top Dog

By Howard B. Owens

When Baxter speaks he doesn't just say "woof." He says, "I love you." That made him Genesee County's Top Dog in the first-ever video dog trick contest sponsored by The Batavian and WBTA.

Baxter is owned by Joyce Zaremski

Here's Baxter's winning video.

Photo: A finch among the sunflowers

By Howard B. Owens

Pulled into my driveway this afternoon and saw a flash of yellow dancing through my sunflowers. There were two yellow birds -- finches, I think, eating seeds. I managed to get a photo of one before they took flight.

UPDATED: Byron couple looking for missing cat, Zoe

By Howard B. Owens

Stefanie and Kevin are hoping you can help them find Zoe. She's been missing for a week now. This is an older picture. She's put on a little weight since it was taken. Her home is in the Byron area. If you've seen Zoe or have Zoe, call (585) 548-9961.

UPDATE Aug. 15: Zoe is home safe and sound, according to her very happy owners, Stefanie and Kevin!

Owner looking for missing pomeranian, Vixie

By Howard B. Owens

Vixie is missing and owner Alli Crawford is looking for her. She's a red pomeranian and was groomed recently. When she took off, she still had her leash attached. Alli has only had her about a week or so and she's very timid, Alli said. Vixie went missing in the area of Shepard Road about 2 p.m. yesterday. Alli can be contacted at (940) 368-3899.

UPDATE Thursday, Aug. 7, 6:13 p.m.: Vixie has been found and reunited with her family!

Lost dog found on Alibon Road, Oakfield

By Howard B. Owens

Jeff Allen's daughter found this dog wandering on Albion Road, Oakfield, last night. Jeff said he checked with neighbors and nobody had seen the dog before. It appears to have been at large for some time. The dog has a collar but no tags. If it's your dog, contact Jeff at (585) 356-9705. The owner should be able to describe the collar or present proof of ownership.

UPDATE: All spiffed up:

Lost dog found in Elba

By Howard B. Owens

This dog was found this evening wandering on Mechanic Street in Elba. It has tags, but the village hall is closed until Monday. If it's your dog, call Carol at (585) 757-6856.

Photos: 4-H livestock auction at the Genesee County Fair

By Howard B. Owens

One of the great annual community events in Genesee County is the 4-H livestock auction at the fair. This year's auction was held last night. The event draws people from throughout Genesee County -- not just farmers and those involved in ag. The event is the culimination of a lot of hard work by 4-H members in raising their sheep, goats, swine and beef. 

Auctioneers from William Kent kept the bids flowing.

To purchase prints, click here.

UPDATED: Dog found in Attica on Friday night - Is your pet missing?

By Billie Owens

This dog was found in Attica near Dollar General and Thompson Motors. It wandered into Lisa Gautieri's backyard.

"She's super well behaved and great with our two dogs," says Lisa. "I know she has a family that is missing her and worried."

Lisa can be reached at (585) 750-1480.

UPDATE 8:35 p.m.: The dog has been reunited with its family and all is well.

Volunteers concerned about dog confined to shelter while owner's legal case drags on

By Howard B. Owens

Some of the shelter volunteers call him "Boyfriend," which tells you something about how "Foxer" has won the hearts of the people who care for him every day.

The white and brown pit bull is sweet, kind and gentle and gets along well with the other dogs and people he meets.

The only serious issue for Foxer these days seems to be a question of how much longer he's going to be confined at the Genesee County Animal Shelter.

Officially, he's "evidence." 

Foxer, also known around the shelter as "Skully," is caught in a legal battle between his owner, Nina Kelso, and the government that is prosecuting her for allegedly mistreating him.

Kelso's case has been pending in Batavia City Court since Feb. 4 when she was charged with torturing or injuring an animal; failure to provide sustenance; and owning/harboring an unlicensed dog. 

The 29-year-old Batavia resident had another court appearance scheduled last week, but as with her previous court appearances, her case was continued, so Foxer's fate remains unresolved.

According to Batavia's Animal Control Officer James Sheflin, Kelso won't sign Foxer over to the shelter so he can be adopted, and since Kelso's case is still pending, the shelter has no choice but to keep him confined.

He can't even go to a foster home because he's considered evidence. Until his status changes he has to remain in the supervision and custody of the shelter.

And he's getting a little stir crazy.

During those hours he's confined to his cage, Foxer doesn't do much other than spin in circles. 

"In the kennel I think he gets a little bit of anxiety, but as you can see, as soon as he gets around humans he's happy and ready to go," Sheflin said. "I can't speak to how he was before we got him, whether he had a lot of human contact before, so I don't know if it's a separation-anxiety type thing."

Volunteer Brenda Cromwell said Foxer is walked daily and even gets a car ride from time to time, but still he spends about 23 hours a day in his cage.

Healthwise, he's doing much better. When he first came into the shelter (see picture below), he weighed 49 pounds. Today, he weighs 75 pounds.

He was treated by a vet for gastroenteritis. 

"He is food-obsessed and looks forward, anxiously, to his next meal," Cromwell said.

Another dog brought to the shelter a couple of weeks before Foxer was Nessa, owned by Lauren K. Pellegrino. Pellegrino's case, like Kelso's, is still pending, so Nessa remains confined to the shelter, but has adjusted to shelter life better than Foxer. Nessa displays no anxiety issues, but is as comfortable and happy around people as Foxer.

Photo of Foxer taken Feb. 4.

Nessa, above, today, and below, when she was first brought to the shelter.

Video: Black bear on Alexander Road

By Howard B. Owens

Reader Amy Michaels sent us this video of a black bear eating from her bird feeder on Alexander Road.

Another reader reported tonight seeing a black bear in the area of Law Street.

Trainers specialize in training dogs with aggression issues

By Julia Ferrini

With a bachelor's degree in psychology from the State University of New York at Brockport, Tori Ganino understands the benefits of positive reinforcement in the development of children.

Conversely, this understanding has traversed into her developing business, Calling All Dogs.

She, along with husband Rich Ganino, opened the training and obedience "school" in February, this year. Both hold the belief that positive reinforcement is essential when training dogs with fear and aggression issues. 

“Positive training teaches a dog that something is a good thing,” the Elba resident said. “Punishment techniques only reaffirms fearful behavior.”

Using techniques referred to as "luring," "shaping" and "capturing," Ganino is able to assist dog owners with reshaping their animal’s negative behavior. These training methods use dog treats as a reward system for positive behavior. For example in luring, the owner holds a treat in front of the dog’s nose, brings it back over the top of the dog’s head, the animal then follows the treat and has no alternative but to “fall” into a sitting position; that is when the dog gets the reward. Shaping, though similar to luring, breaks down a command into small steps using treats for the “jackpot” reward. 

“This method rewards the dog for trying, so the dog doesn’t think 'Why am I not winning? This isn’t fun.' It’s a way to make a dog think,” Ganino said.

Capturing on the other hand, rewards a dog when it’s “caught” in an acceptable behavior like lying down. The animal is rewarded with a dog treat or other positive motivation, like petting or playing catch with its favorite ball.

Tori developed an interest in positive dog training methods when she adopted a dog from a shelter who had a negative experience with a person. Furthermore, she had a negative experience when she took her dog to a basic training course, then a second negative experience with a different trainer. 

“I knew that my dog had outward aggression and the techniques used by the other trainers were not helping me or my dog,” she said. “I needed to be an advocate for my dog and find training strategies that use positive reinforcement as a method for obedience.”

To develop her ensuing passion as an advocate for dogs with fear or aggression issues, Tori went to Animal Behavior College via an online course. In addition to classwork and tests, she had to also volunteer at a local shelter or training facility as well as intern with a certified trainer for seven sessions.

“The course taught me the basics, but I wanted to learn more,” the certified trainer said. “It was a great start though.” 

Tori interned with a trainer near Irondequoit for one-and-a-half years. During that time, she continued reading, watching videos and asking “lots of questions,” but she credits the hands-on experience for her enthusiasm to help other dogs and their owners. 

“I am constantly learning and updating my knowledge with books, seminars and other trainers,” Tori said.

Calling All Dogs can also prepare a dog to earn the Canine Good Citizen Certificate. Upon completion of this “rigorous” training, owners can have their dogs test through AKC.org to receive a certificate assuring that the dog is a “really good dog."

“However, emergencies happen and I am here to help,” Tori said. “One client adopted a dog from a shelter, brought the dog home and the dog bit her husband. This happened later at night, I was there the next day to work with the dog.”

Behavior adjustment helps a dog change its thought process, kind of like Pavlov’s Law. Another method is called "Clicker Training" -- work first, then rewarded for work.

“With fear, anxiety and aggression, we take the behavior out of the dog and make it excited that that person or object is really okay,” she said. “It also works with anxiety or fear of sounds such as thunder.”

Ganino also volunteers at the Genesee County Animal Shelter with Volunteers 4 Animals. There she teaches group classes with the volunteers to work with dogs to help them become more adoptable.

“We recently worked with one dog with barrier problems,” Ganino said. “He had a fear with people coming near his crate. We helped make him excited for people to be there.”

Currently, Calling All Dogs holds private lessons in both Genesee and Monroe counties. However, group classes will be starting in the near future at the Tractor Supply on East Main Street, Batavia. While their “ultimate goal” is to open their own building to foster, train and socialize dogs, the business does host Moderate Day Care sessions. 

“It’s like taking your dog on a play date with 10 to 15 other dogs,” Ganino said. “They need to socialize. It’s good for them mentally as well as physically.

“We encourage our clients to do the research,” Ganino said. “Communication is the key between me and our clients; call, text, e-mail; anything to keep the lines of communication open.”

Ganino stresses that her training techniques are based on positive methods, using tools that physically and mentally exercise the animal. She also emphasized that dogs want to learn and owners need to make it fun and get dogs excited about training. According to the dog trainer, oftentimes owners become impressed with what their dogs can do.

“Our business motto is ’Training for all breeds!’ There are always breeds being discriminated against for aggressive personalities,” Ganino said. “For this reason some major training chains do not allow them in their play group or training classes.

”Right now the breed being targeted the most is the pit bull,” Ganino continued. ”We accept all breeds. Every dog can learn and deserves the chance to.”

For more information visit CallingAllDogsNY.com or to volunteer at the Genesee County Animal Shelter visit www.vol4animals.org.

Cat owner looking for lost orange tabby

By Howard B. Owens

Maria Yefremenko says she is desperate to find her orange tabby, which has been missing since the night of May 20. The cat has green eyes and was last seen on Walnut Street in Batavia. He has a small tear in his left ear and small black spot on his right paw. Contact Maria Yefremenko either by e-mail at myefrem@gmail.com or call/text (585) 479-5229.

Couple rescues lost Chihuahua on Vine Street

By Howard B. Owens

Ed and Leslie Carney rescued this Chihuahua on Vine Street. Leslie said not even animal control could catch the dog when it was running around in the street. Finally, it got tired and came to take a nap next to her cat on her back porch. The Carneys let it into the house and have had it for two days now. They're hoping the owners will contact them. The dog didn't have any tags. They are at 33 Vine St. or can be reached at (585) 343-0256.

UPDATE: Here's another lost dog, pictured below. This one was found on Genesee Street in Corfu by Rachel Doktor. She said, "she was walking in the middle of the road. Her fur is knotted and matted, looks like she's been without care for a few weeks." I've asked Mary to provide contact information we can share, but in the meantime, I wanted to get this posted.

UPDATE: Here's Rachel Doktor's number -- (585) 297-2241. If the owner isn't found, Mary is looking for a foster home for the dog. If interested, call her.

UPDATE Saturday, May 24: We called Rachel to see about getting the dog pictured below some badly needed grooming. She told us that the day after she found the dog she had it professionally groomed. Its fur was so matted and knotted and neglected for so long that it deformed the animal's paws. So now the toes curl upward. The good news is the dog is all spiffed up and has been adopted by a nice lady.

Hazardous ducklings waddling across Main Street Downtown

By Billie Owens

Ducklings waddling across Main Street are creating a dangerous condition. They are by the City Centre. Authorities are responding.

UPDATE 11:27 a.m.: An animal control officer is called to rein in the fowl.

UPDATE 11:36 a.m.: The ducklings, led by Mom, marched straight into the Tonawanda Creek on their own and in their own good time.

Photo: Young riders use paintbrushes to learn how a horse is put together

By Howard B. Owens

Maddie Keen and Courtney Jones took part in a Rustic Riders 4-H program today at the Genesee County Fairgrounds aimed at helping them learn the muscle and skeletal structure of a horse. Their project today was to paint the placement of bones on their horse.

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