crime

Hannah Marie Traub, 30, of West Kendall Road, Kendall, is charged with petit larceny. Traub is accused of stealing metal snow fence posts that are owned by the Oakfield Highway Department from a location on Lewiston Road, Oakfield.

Justin Terrance Lee Abbott, 23, of Denrose Drive, Amherst, and Michael T. Robb, 21, of Condon Avenue, Buffalo, are charged with unlawful possession of marijuana. Abbott and Robb were in a vehicle stopped for an alleged traffic violation on Quaker Hill Road, Elba, at 1:11 a.m. Wednesday by Deputy James Diehl. Abbott was issued an appearance ticket and Robb was turned over to North Tonawanda PD on an arrest warrant.

Tresia DonMarie Brace, 19, of Crimson Heights Street, Albion, is charged with petit larceny. Brace is accused of shoplifting at Kmart. Brace allegedly fled from store security after being confronted and was later located at Subway.

Terryl Kiev Coombs, 21, and Donte Angel Meredith, 22, both of Oak Street, Batavia, are charged with petit larceny. Coombs and Meredith are accused of stealing $180 in DVDs from Walmart.

Police believe they've solved a burglary from 2008, arresting a man yesterday who was initially indicted in December as 'John Doe' based on a DNA profile.

Samuel G. Malone, 27, of 36 Walnut St., Batavia, is facing a new charge of burglary, 3rd.

Malone was arraigned in City Court after appearing in County Court on three burglary charges that investigators believe he committed because his DNA allegedly matches the DNA found at burglary more than four years ago.

The latest charge stems from a break-in at Clor's Meat Market when the business was located at 29 Brooklyn Ave., Batavia.

The perpetrator had broken into the building Aug. 20, 2008, and taken a cash register. The register was later located by maintenance workers broken and empty in Williams Park.

Updated at 5:09 p.m. with additional information.

In December, as the statute of limitations ran out on a set of burglaries in the city, all investigators had was a DNA profile of a suspect, so the Distirct Attorney's Office sought an indictment against the DNA profile.

A man whose DNA matches that profile was recently arrested and he will be arraigned on the three-count indictment in the morning.

The suspect is no longer "John Doe." His name is Samuel G. Malone. He is 27 and most recently a resident of 36 Walnut St., Batavia.

Investigators believe they've found a match with Malone's DNA to the suspect's DNA following Malone's conviction on an unrelated matter.

Malone will be charged with burglaries at the former Ponderosa Steakhouse in August 2008, Mortellaro's Awards, August 2008, and Palace of Sweets, September 2008.

Det. Pat Corona said Malone allegedly made forced entry into the establishments and was looking for whatever cash he could find.

The indictment was for two counts of burglary, 3rd, and one count of attempted burglary, 2nd.

Malone is currently in custody on $25,000 bail pending a bail review in County Court.

Det. Charles Dudek, Det. Todd Crossett and Sgt. Patrick Corona all worked on the case.

Craig Yunker, owner of CY Farms and Batavia Turf, posted this picture to Twitter with the message: "Thieves stole our tractor weights right off our tractor. They look like this. Keep a look out."

Yunker said the weights retail for $3,000.

Tractor weights are used to counter balance whatever a tractor is pulling or lifting.

Tips can be called into the Sheriff's Office at 343-5000.

A thief has stolen aluminum bleacher plants from the stands at the Le Roy Little League Field behind the Jell-O Museum on East Main Street, Le Roy.

Le Roy PD is looking for information that might help officers apprehend the suspect or suspects.

The perpetrator also loosened bolts on other planks, perhaps to aid in a future theft.

If you have information that may assist the investigation, call Le Roy PD at 345-6350.

Michael B. Collier, 50, of Gladstone Street, Rochester, and Stephen J. Wood, 60, of West Main Street, Rochester, are charged with petit larceny. Collier and Wood are accused of shoplifting at Walmart. Collier was arraigned and turned over to the Orlean's County Sheriff's Office on a warrant and Wood was jailed on $1,000 bail.

Brandon L. Doward, 28, of 125 Liberty St., lowor, Batavia, is charged with harassment, 2nd. Doward is accused of pushing a woman to the ground during an argument. He was jailed on $750 bail.

Diana L. Bloom, 55, of 117 State St., lower, Batavia, is charged with petit larceny. Bloom is accused of shoplifting at the Hess Mart, corner of West Main and Oak streets, Batavia.

Harry J. Hall, 46, of Pine Tree Drive, Poughkeepsie, is charged with possession of untaxed cigarettes, plate obstructed and driver's view obstructed. Hall was allegedly found with 24 cartons of untaxed cigarettes during at traffic stop by Deputy Chris Parker at 10:01 a.m., Sunday, on Route 77, Pembroke.

Mitchell Scott Lindbergh, 44, of Chairfactory Road, Elma, is charged with stalking, 4th. Lindbergh is accused of repeated contact with a person in Darien he had been told to leave alone.

Brian Lee Smith, 51, of Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating an order of protection by contacting the protected party via e-mail.

Dennis Andrew O'Neal, 25,of Alleghany Road, Corfu, is charged with criminal mischief, 4th. O'Neal is accused of punching holes into the drywall of a house in Corfu.

Andrew Richard Bastiano, 26, of Sumner Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating with inadequate lights. Bastiano was stopped at 10:59 p.m., Friday, on Townline Road, Bergen, by Deputy Jason Saile.

A distraught young female who was seen walking and screaming "inconsolably" in Oakfield was reported to dispatch and a law enforcement officer responded to her location at Maple Avenue and Gibson Street. She apparently refused to comply with the officer's directives and became abusive. As the officer attempted to arrest this person, she physically resisted and was pepper-sprayed. Mercy medics just arrived on scene to provide aid for the "irritant to the eyes."

UPDATE 1:38 p.m.: The patient was transported to a hospital in Medina.

 

Elizabeth A. Denise, 32, of 2 Fisher Park, lower, Batavia, is charged with two counts of endangering the welfare of a child. Batavia PD responded Tuesday to a complaint about an abandoned dog. Upon investigation, Officer Frank Klimjack reported finding an apartment in "deplorable condition" and two children residing in the dwelling. The dog was removed from the residence and taken to the animal shelter. Denise was issued an appearance ticket. There was no further information released about the children.

Daniel L. Dioguardi, 31, 4993 Upper Holley Road, Holley, is charged with burglary, 2nd, petit larceny and criminal possession of a controlled substance. Dioguardi turned himself in on a warrant and was jailed on $5,000 bail.

Adam M. Brodie is indicted by the Genesee County Grand Jury for the criminal sale of a controlled substance, 3rd, which is a Class B felony. He is accused of knowingly and unlawfully selling cocaine on Oct. 18 at 67 Main St. in Le Roy.

In count two of the indictment, Brodie is charged with criminal possession of a controlled substance, 3rd, for allegedly possessing cocaine with the intent to sell it.

In count three of the indictment, he is accused of criminal sale of a controlled substance, 3rd, for allegedly selling cocaine on Oct. 23 at 67 Main St. in Le Roy.

In count four of the indictment, he is accused of criminal possession of a controlled substance, 3rd, for allegedly possessing cocaine with the intent to sell it on Oct. 23.

UPDATE: Since this post, the Sheriff's Office has put out a press release on Brodie's arrest. Brodie, 29, of West Bergen Road, Le Roy, was arrested as the result of an investigation by the Local Drug Enforcement Task Force. Following arraignment in County Court, he was jailed on $7,500 bail.

Sarah Elmore, 31, of 8146 Bank Street Road, Batavia, was arrested today and charged with six felony counts of offering a false instrument for filing in the first degree and one count of petit larceny following an investigation by the Genesee County Department of Social Services.

The charges were filed after an investigation revealed that Elmore submitted various forms to the Genesee County Department of Social Services on which she allegedly concealed the fact that she was working as a self-employed personal care aide and earning income from her business.

Elmore is accused of receiving Food Stamp benefits totaling $686 and Home Energy Assistance Program (HEAP) benefits totaling $75 between January and December 2011 to which she was not entitled. Elmore was arrested by the Genesee County Sheriff’s Department and issued an appearance ticket to appear in Batavia Town Court on April 11 to answer to the charges.

Anyone wishing to report suspected cases of welfare fraud in Genesee County can contact the Genesee County Department of Social Services at (585) 344-2580, ext. 6417 or ext. 6416. All calls are confidential.

A Bergen woman who was swept up in late 2009 in a series of meth-lab-related busts has been arrested again on drug-dealing charges.

Kari L. Riggi, 24, of Buffalo Road, Bergen, is accused of selling illicit pills to an undercover agent.

She was arrested Wednesday on a sealed indictment for alleged criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal sale of a controlled substance, 5th.

Following arraignment in Genesee County Court, Riggi was jailed without bail.

The investigation was conducted by the Local Drug Enforcement Task Force with assistance from the District Attorney's Office.

Riggi was one of five people arrested in December, 2009, in connection with an alleged meth lab in Le Roy. She was subsequently turned over to federal authorities for prosecution. We don't have information yet on the eventual disposition of that case.

UPDATE: From the indictment. Riggi is accused of selling adderall to an agent on Oct. 16 while at 82 Gilbert St., Le Roy.  She is also accused of selling vicodin on Oct. 17 to an agent while at a location on Linwood Road and Route 5, Le Roy.

UPDATE: The U.S. Attorney's office tells us that Riggi entered a guilty plea to "possession of a listed chemical knowing to have reasonable cause to believe that the listed chemical would be used to manufacture a controlled substance." She was sentenced May 20 to three years probation.

Edward Thomas Zaremski, 62, of Lockport Road, Oakfield, is charged with promoting prison contraband, 2nd, and unlawful possession of marijuana. Zaremski allegedly possessed a small amount of marijuana upon entering the jail at 12:35 a.m., Sunday.

Kayo Takeshita, 23, of Batavia Stafford Townline Road, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Takeshita is accused of displaying a knife in a threatening manner during a fight at College Village. A stay away order of protection was issued in the matter.

James William Caccamise, 81, of Asbury Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and leaving the scene of a property damage accident. Caccamise allegedly backed into a building at GCC at 11:16 p.m., Tuesday, and later drove into the yard of a residence in Le Roy. The investigation was handled by Deputy Joseph Corona.

Lauren Elizabeth Charache, 33, of Myrtle Street, Le Roy, is charged with forgery, 2nd. Charache allegedly signed the name of a deceased woman on a contract.

A Batavia teenager caught on New Year's Day burglarizing a Washington Avenue residence is facing up to 14 years in prison after entering guilty pleas today to two second-degree attempted burglary charges.

Shortly after his arrest by Batavia PD on Jan. 1, Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, became a suspect in a string of robberies in the South Pearl Street area.

He was charged in two separate indictments for the Washington Avenue burglary and the burglaries prior to his arrest.

His guilty pleas are to one charge on each of the indictments.

Each Class D felony carries a maximum possible sentence of seven years each, though Judge Robert C. Noonan has the option of confining him for fewer years or having the sentences on each count run concurrently rather than consecutively.

For previous coverage of Smith, click here.

The attorney for Nicholas Antonucci, accused of multiple counts of burglary, would like a little more information from the prosecution on one burglary charge.

In November, Antonucci allegedly entered the home of a person he was ordered not to contact. The fact that he entered the house and stayed earned him a charges of burglary, 2nd, and criminal contempt, 2nd.

Defense attorney Thomas Burns requested a "bill of particulars" from the District Attorney's Office -- a document outlining exactly what Antonucci did to get saddled with a burglary charge.

To be charged with burglary, you must enter a dwelling unlawfully with the intent to commit a crime.

Burns said in court that recent case law would indicate the criminal contempt allegation alone wouldn't sustain the burglary charge.

Assistant District Attorney Robert Zickl told Judge Robert C. Noonan that the people had turned over to Burns everything they had on the charges.

Noonan is considering that and other motions filed in the multiple cases pending against the 25-year-old fromer Alexander resident, who is currently in state prison on felony convictions in Wyoming County.

Earlier this year, Antonucci was indicted on charges stemming from the alleged attempted theft two snowmobiles. He entered a not guilty plea to counts of attempted grand larceny, 3rd, petit larceny and two counts of criminal mischief, 4th.

Antonucci is scheduled to appear in Genesee County Court again on April 22.

Joshua A. Stantos, 18, of 4585 Lake Ave., Rochester; Tyree A. Bradley, 20, of 1270 North St., Rochester; and, Skylynn D. Johnson, 16, of 110 Walnut St., Batavia, are charged with burglary, 2nd, and robbery, 2nd. The suspects are accused of entering a residence without permission and using force to steal a bracelet. The alleged incident was reported at 3:34 p.m., Thursday. All three were jailed without bail.

Darrin Todd Moreland, 47, of Telegraph Road, Medina, is charged with petit larceny. Moreland is accused of stealing snow fences and posts.The fences were rolled up and laying along the side of Lewiston Road waiting for the Town of Oakfield Highway Department to pick up.

Charles Rashad Foster, 26, of Carter Street, Rochester, is charged with unlawful possession of marijuana. Foster was a passenger in a vehicle stopped at 3:33 p.m. Sunday on Oak Street, Batavia, by Deputy Kevin McCarthy and found during the traffic stop to allegedly possess marijauna.

Brianna Elise McGrady, 24, of Campbell Street, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, driver's view obstructed and unlicensed operator. McGrady's vehicle was stopped at 3:33 p.m. Sunday on Oak Street, Batavia, by Deputy Kevin McCarthy.

Edward Thomas Zaremski, 62, of Lockport Road, Oakfield, is charged with DWI, failure to keep right, refused pre-screen device. Zaremski's vehicle was stopped by Sgt. Thomas Sanfratello at 11:56 p.m. Saturday on Lockport Road, Oakfield, after a report of a vehicle in Elba being driven erratically. Zaremski was jailed on $100 bail.

Lauren Kay Pellegrino, 31, of Jackson Street, Batavia, is charged with DWI, speeding, possession of an open container, unlicensed operator. Pellegrino's vehicle was stopped at 12:07 a.m. Saturday on Main Street, Batavia, by Deputy Patrick Reeves.

Jessica Katherine Forrester, 21, of Erie Street, Albion, is charged with unlawful possession of marijuana. Forrester was a passenger in a vehicle stopped by Deputy Patrick Reeves on Route 77 in Pembroke.

Christopher Arron Saddler, 29, of West State Street, Albion, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 2nd. Saddler was stopped at 6:17 p.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves.

Emma Jean Brinkman, 57, of Sunset Parkway, Oakfield, is charged with petit larceny. Brinkman is accused of stealing $84.93 in merchandise from Kmart.

Lisa Sue Metcalf, 33, of Batavia Oakfield Townline Road, Oakfield, was arrested on a bench warrant for alleged criminal possession of stolen property, 3rd. Metcalf is accused of failure to comply with Genesee Justice conditions. Metcalf was jailed on $250 bail.

Raymond Amaro, 26, of Washington Avenue, Batavia, was arrested on a warrant for alleged violation of probation. Bail was set at $50,000.

Melanie Patricia Heidt, 21, of Elmgrove Road, Rochester, is charged with possession of more than 400 untaxed cigarettes. Heidt was stopped at 9:23 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves.

Francis J. Sheehan, 61, of 400 E. Main St., Batavia, is charged with harassment, 2nd, and criminal contempt, 1st. Sheehan is accused of punching a woman. There was allegedly an order of protection in place.

Ryan C. Riggi, 18, no permanent address, is charged with failure to appear. Riggi was turned over to Batavia PD on a warrant out of City Court and jailed on $5,000 bail.

Summer Ogden, 37, of 29 Central Ave., Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Ogden was allegedly found in the apartment of a person she is barred from contacting after police were summoned to a Liberty Street location for a reported disturbance. Ogden allegedly entered the residence without permission. The criminal contempt charge is a felony because Ogden has a similar conviction in the past five years.

Kelvin B. Murphy, 40, of 319 Ellicott St., Batavia, is charged with petit larceny and grand larceny, 4th. Murphy allegedly stole a wallet while at a business on East Main Street, Batavia. The wallet contained credit cards and cash.

Daniel L. Dioguardi, 31, of 4993 Upper Holley Road, Holley, is charged with criminal possession of stolen property and two counts of criminal possession of a forged instrument and two counts of petit larceny. Dioguardi turned himself in on warrants for the charges.

Rachael A. Baeher, 26, of 40 Church St., Le Roy, is charged with endangering the welfare of a child, appearance in public under influence of a drug other than alcohol, unlawful possession of marijuana and criminal possession of a controlled substance 7th. Baeher was arrested after police were summoned to the Days Inn at 11:16 p.m., Wednesday, for the report of a woman requesting assistance after ingesting drugs. Baeher allegedly had two small children with her. She was jailed on $1,500 cash bail.

Timothy A. Shay, 48, of Waterport, is charged with issuing a bad check. Shay was arrested by State Police in connection with an alleged incident in the City of Batavia reported at 1 p.m., March 19. No further details released.

Cory J. Trybushyn, 25, of Batavia, is charged with petit larceny. Trybushyn is accused of stealing from Target at 9:56 p.m., Thursday. Trybushyn was arrested by State Police.

Ramel J. Askew, 19, of Bronx, is charged with petit larceny. Askew is accused of stealing from Target at 4:36 p.m., Friday. Askew was arrested by State Police.

Local law enforcement -- deputies and troopers -- are looking for a white Neon with a black male driver and black male passenger.

The two men are suspected of stealing groceries from Walmart.

The first man is described as wearing blue sweatpants and an orange hoodie. The second suspect is wearing jeans and dark shirt.

The vehicle may have been last seen westbound on the Thruway.

The theft was reported at 4: 29 p.m.

The Sheriff's Office is investing an overnight smash-and-grab at the Radio Shack on Veterans Memorial Drive, Batavia.

An inventory of what was stolen is not yet available, but the thief or thieves made off with at least a number of smartphones that may have significant retail value.

The call of a break-in reached dispatchers at 12:38 a.m. and deputies arrived on scene two minutes later.

By that time, the glass door was broken through, the merchandise stolen and the perpetrators gone.

Investigator Roger Stone said at this early stage there are few leads to go on. An attempt to obtain information from surveillance cameras in the area has yet to yield results.

Anybody with information that may assist in the investigation can call the Sheriff's Office at (585) 343-5000.

Juliette Anne Moore, 33, of Wayne Street, Lancaster, is charged with criminal use of drug paraphernalia, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Moore was arrested on a warrant following her release from the Erie County Jail on a unrelated matter. Moore was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Jamie Lynn Edenholm, 25, of Gabbey Road, Pembroke, is charged with unlawful possession of marijuana. Edenholm was arrested Wednesday. No further details were released.

Eldon Javier Ortiz, 18, Buell Street, Batavia, is charged with petit larceny. Ortiz is accused of shoplifting at Kmart. Arrested at the same time on the same charge was Phillip Matthew Boyd, 18, of Redfield Parkway, Batavia.

Lawrence Bruce Cawker, 80, of Main Road, Corfu, is charged with stalking in the 4th degree. He allegedly followed a female victim around her workplace, sent numerous cards to her, left packages at her residence, and made numerous inappropriate comments to her. According to the Sheriff's Office report, this persistent conduct continued after the defendant was repeatedly told to cease such conduct and has placed the victim in fear of her and her family's safety. He is to be arraigned at 1 p.m. on Thursday, March 25, in Le Roy Town Court.

Darcy Lynn Booth, 19, of Hill Street, Hornell, is charged with unlawful possession of alcohol and fraudulent procurement of alcohol by means of a fake ID, following a physical confrontation that reportedly occurred while at Walmart in Batavia. It is alleged that Booth was in possession of a bottle of liquor and the ID of a person over the age of 21. She was issued an appearance ticket and is to be arraigned at 1 p.m. April 29 in Batavia Town Court.

Margaret Isabel Clancy, 19, of Meadowbrook Road, Arkport, is charged with driving while intoxicated, driving with a BAC of .08 Percent or higher, and consumption of alcohol in a motor vehicle. On March 27, following the investigation of a harassment complaint that happened on Veterans Memorial Drive in the Town of Batavia, Clancy was arrested on the charges after she was allegedly involved in a physical altercation with another person while operating a motor vehicle in an allegedly intoxicated condition. She was issued an appearance ticket for Batavia Town Court and is to appear there at 1:30 p.m. on April 18.

The three Batavia men who admitted taking part in a bookmaking operation received on Tuesday pretty much the sentence Judge Robert Balbick promised them when they were last in court March 5.

The slight variation was that instead of 120 days in a weekend work program with the Sheriff's Office, the three men will work weekends in community service over the next 90 days.

The change was requested by the Sheriff's Office because of limited openings in the program.

Gregory Phillips, Brian Bordinaro and Lance Engel all declined to make statements to Balbick prior to their sentencing.

Phillps and Engel received, as requested, a "release from civil disability" from Balbick. The signed form will allow both men to pursue second careers. Phillips is attending barber school and will graduate soon.

The three men were also fined $1,000 each. They also can't gamble in any form -- online or off -- during their three years of probation. Their computers will be subject to warrantless search during probation.

All three had entered guilty pleas to a Class A misdemeanor charge of promoting gambling, 2nd, which was quite a step down from the original felony charges, especially the Class B felony charge of enterprise corruption.

There's never been a clear public answer from anybody involved in the case about why the charges were so greatly reduced.

Today, District Attorney Lawrence Friedman would only say, "there are a number of considerations that came into play, just like any case. We consider a lot of different things and when all things were considered in this case, all the things that were relevant, we felt this was the appropriate disposition."

Attorney Larry Andolina, representing Phillips, has accused the Sheriff's Office, and in particular, Sgt. Steve Mullen, at one time head of the Sheriff's major crime unit (the Local Drug Enforcement Task Force), of "mishandling the case."

Asked about Andolina's charge, Friedman said, "I'm not going to comment on anything to do with the Sheriff's Office or Sgt. Mullen or the investigation. We came to what we felt was an appropriate disposition to the case."

For the first time since the story of the bookmaking operation -- which Friedman still contends was substantial -- first broke more than a year ago, Phillips spoke with the media after his sentencing.

He didn't say much.

Asked what he thought of his sentence, he said, "I can't comment on the sentence today."

Asked if he had proof that Mullen placed bets with him, Phillips said, "Through legal and civil counsel I'm not able to comment on that right now."

Asked if the DA or the Sheriff's Office were involved in a cover up, Phillps responded, "i'm sure the DA's office and the Sheriff's Office wouldn't have done any kind of cover up. I would hope there wouldn't be any kind of cover-up in this investigation, but I'll let my attorney answer that one, too."

Asked if the case should never have had happened, Phillips said, "there will be other things brought out. I can't really comment other than (through) my legal attorney and my civil attorney. There will be other things that come out and we'll go from there."

Asked if his civil rights had been violated, Phillips said, "That will be for another jury to decide."

After the former city firefighter was reminded that this was his first opportunity to make a public comment on the case since being accused of taking illegal bets, and whether he had anything he wanted to say to the community he once served, Phillips only said, "no comment."

When asked about how the allegations against Mullen probably led to reduced changes against him, Bordinaro and Engel, again, Phillips said, "no comment."

Andolina stepped in at that point and was asked the same question.

"In the grand scheme of things, this case was resolved in a fashion like many gambling cases where the defendants have no prior record," Andolina said.

Andolina did say he believed Mullen had placed bets with one or more of the defendants.

Under repeated questioning, Andolina refused to offer up proof, however.

"I just said to you, we gave them (Friedman and Sheriff Gary Maha) the information and they have it," Andolina said.

Maha has said there was an internal affairs investigation that was terminated when Mullen retired from the Sheriff's Office.

Asked if he thought the District Attorney's Office and Sheriff's Office had handled the situation with Mullen appropriately, Andolina said he did.

"I think he commenced an investigation," Andolina said. "They're both professionals. I have no reason to believe they didn't do their jobs appropriately."

Asked if the outcome involving Mullen was sufficient, or if more should be done, such as bringing criminal charges, Andolina indicated enough is enough.

"I don't know if there's enough for a criminal case and it's over," Andolina said. "The case is over. The sentence is what the judge indicated the sentence would be. He was within his discretion to sentence in that fashion and now it's time for these people to get on with their lives."

However, Andolina did confirm that his client is looking into a civil case based on alleged civil rights violations.

Asked what the basis of the case would be, "the conduct of the Sheriff's Office," was all he would say.

Later Tuesday evening, WIVB's George Richert aired a story accusing Mullen of placing bets and a "conflict of interest" in the case. The only evidence to back the claim offered by Richert was a report by a private investigator hired by the defense who claims Mullen placed -- years before this case arose -- 47 phone calls to the bookies. No gambling records were produced to indicate that Mullen actually placed bets.

UPDATE: The Buffalo News has published a more thorough story on Mullen's alleged involvement in the case.

Photos: Top, Phillips; second, Bordinaro in blue shirt; bottom, Engel.