Message from County Highway Superintendent Tim Hens:

The County Highway Department will begin a series of repairs to the River Street Bridge next week. The repairs include joint replacements and a full deck mill and fill. The repairs will have a major impact on travel across the bridge as traffic will be reduced to one lane. Motorists are encouraged to find alternate routes. The repairs are scheduled to start on Tuesday and last for at least two weeks with another closure later this summer to complete the repairs.

GOP candidate for Congress Chris Collins reportedly has a history of saying things he maybe shouldn't, and his opponent in the race for the NY-27 has shown she's willing to use those statements against him in the campaign.

“All of us are human," Hochul said in an interview Thursday. "It’s important if you misspeak that you own it and say you made a mistake."

But, she added, “When there’s a pattern, then it’s trouble. If it’s an honest mistake that is a different category.”

As for criticizing Collins for saying people no longer die from cancer in an interview with The Batavian, Hochul said she thinks the comment raises legitimate policy concerns that should held up to scrutiny.

“He said it was out of context," Hochul said. "It looked like it read in context to me. He also said he misspoke, but either way, if you’re going to engage in this level of debate and criticize health policy that provides care to people with preexisting conditions, if you want to have these conversations, it’s important to state your position clearly."

Collins readily admits he makes statements that are easy targets for his political opponents, but he said that's just a byproduct of his straightforward style.

“Clearly, I’m not a politician," Collins said. "I come out of the private sector. I speak very directly. I actually answer questions. I’m not someone who filters, who is consistently filtering everything you say.”

As for the cancer comment, Collins thinks it's ridiculous that anybody would believe he thinks people no longer die from cancer.

Opponents concentrating on just one portion of his full quote miss the overall point he was making, Collins said.

Clearly what he said is there've been advances in health care, Collins said, and new treatments are more costly, above any increase in inflation, than what existed even just 10 yeas ago.

"The result is we live a lot longer and people today are surviving where they may not have a decade ago," Collins said. "Thanks for advances in cancer treatment that saved my sister’s life."

Over the course of Collins's several years of public life, the former Erie County executive has been criticized many times for public statements, most notably in 2009, when Collins compared Assembly Speaker Sheldon Silver to Hitler, and in 2010 when Collins was reported to have offered a woman a seat at an event in exchange for a lap dance.

“I will say, about the Shelly Silver comment, it was a poor attempt at a joke in front of a friendly audience," Collins said. "It didn’t come across and in hindsight, I should not have said that.

"As for the lap dance remark," Collins added. "It never happened. I can’t apologize for something I never said.”

During her year in Congress, Hochul has gotten into trouble for an apparent misstatement once.

Republicans jumped all over a statement by Hochul at a political forum in Erie County where she reportedly said, “Well, basically, we’re not looking to the Constitution on that aspect of it. Basically, the decision has been made by this Congress that American citizens are entitled to health care.”

Hochul thinks that the public is ready to forgive a politician a genuine mistake, but when they do say something inappropriate they should own the mistake.

"If you’re not adding anything positive to the policy debate, then you have to deal with the consequences," Hochul said.

In his interview published in The Batavian on June 24, Collins made other remarks that could be construed as politically sensitive misstatements, but Democrats have not pursued those comments as aggressievely as the cancer statement.

Most notably, Collins made statements that could lead one to conclude that the GOP nominee doesn't believe in civilian control of the military and that the president is commander-in-chief -- two concepts enshrined in the Constitution.

When asked if there was an opportunity to cut spending by cutting the military budget, Collins said, "It’s not my call. I would say you look to your military commanders, you say what is our mission and you look to the experts on how to achieve that mission in in the most cost-effective way, making sure they’ve got the tools they need to accomplish their mission."

Collins then added that President Barack Obama has been out of line in his handling of the military in Afghanistan.

"Whereas our current president has tried to micromanage the military," Collins said. "He’s replaced commanders in Afghanistan because they don’t agree with his policies."

In an interview Friday, Collins said he certainly supports civilian control of the military and understands the president is commander-in-chief.

“President Obama has politicized his position beyond what you would call a professional commander-in-chief," Collins said. "That’s just my opinion. Others may have a different opinion, but I know many people who share my opinion.

“The Constitution is the Constitution and he can do what he’s allowed to do, but that doesn't mean that what he does is right," Collins added.

From Hochul's point of view, Collins's remarks regarding the president's handling of Afghanistan is misplaced criticism.

"Regardless of party affiliation, the president of the United States remains the commander-in-chief," Hochul said. “When the president made a decision to take out Osama Bin Laden, some said that may have been too big a risk. I understand he overrode a lot of people when he made that decision, but I thank him on behalf of the people of this country that he did.”

Finally, as is often the case in taped interviews, the original statement from Collins on advances in health care was quite long and was trimmed to make for shorter reading. While we believe the quote as printed in the origional article fully explains the point Collins was attempting to make, for transparency's sake, below is his full statement. The part of the quote used in the original article is in bold.

"The fact of the matter is, healthcare today is different than healthcare was five, 10, 20 years ago. We didn’t have Lipitor, we didn’t have robotic surgery, we didn’t have what we have for prostrate cancer. People just died. People now don’t die from prostate cancer, breast cancer and some of the other things. The fact of the matter is, our healthcare today is so much better, we’re living so much longer, because of innovations in drug development, surgical procedures, stents, implantable cardiac defibrillators, neural stimulators -- they didn’t exist 10 years ago. The increase in cost is not because doctors are making a lot more money. It’s what you can get for healthcare, extending your life and curing diseases, and drugs that step in for high cholesterol and high blood pressure and everything else. Those are expensive, if anyone thinks that’s just free, we didn’t have them 20 years ago, so when people, I think, erroneously say, the increased cost of health care is more than inflation, they’re forgetting about, you’re getting a different product. Do you like the product you’re getting today or not? That’s decisions I think people have to make."

Two women are reportedly having a heated argument over clothes at the Golden Coin Laundry on East Main Street in Batavia. Police are responding.

A two-car accident with injuries is reported at Route 5 and Clipnock Road. Stafford Fire Department and Mercy medics are responding.

UPDATE 1:17 p.m.: A second ambulance is requested. It is reported that a car was rear-ended. The availability of Mercy Flight is being checked.

UPDATE 1:18 p.m.: The vehicles are off the road, not blocking. There is no entrapment, but head injuries are reported. Mercy Flight out of Buffalo is on an in-air standby.

UPDATE 1:24 p.m.: Traffic control is requested.

UPDATE 1:25 p.m.: Mercy Flight is cancelled.

UPDATE 1:48 p.m.: Mercy Medic #3 is transporting one patient to Strong Memorial Hospital.

UPDATE 1:55 p.m.: Mercy Medic #1 is transporting two patients -- mother and daughter -- to UMMC. The driver is 48 years old and has neck pain and a right wrist abrasion. Her air bag did deploy. The passenger is 13 and has slight pain in her right shoulder. Her air bag did not deploy. She is able to walk into the facility. Neither person lost consciousness. Stafford Fire Department is back in service.

UPDATE 2:04 p.m. (by Howard): The driver of the Mercury Mountaineer reportedly told a deputy she didn't see the silver sedan stopping to make a left-hand turn and then couldn't stop in time to avoid a collision.

Press release:

The Leadership Genesee Class of 2012 is issuing a Request for Proposals (RFP) for local groups and organizations that are in need of assistance.

Leadership Genesee is a yearlong experiential leadership program of the Cornell Cooperative Extension of Genesee County that has been equipping community members to be well informed community stewards since 2001. With more than 250 graduates to date, alumni include many community leaders, local executives and business leaders.

Since the group is focused on improving the quality of life for the residents of Genesee County, the Class of 2012 has decided to “roll up their sleeves” and offer assistance to local not-for-profits that serve the community.

Peggy Marone, executive director of the program, feels the class has much to offer.

“We have 27 dedicated, intelligent, and involved citizens that are willing to lend their talents to help make our community a better place to live,” Marone said.

The group is seeking input from 501(c )3 agencies that need assistance with marketing efforts, business planning or other issues.

More information can be found by contacting us at LGproject2012@gmail.com.

UPDATED 1:14 p.m. with additional information on charges.

A 32-year-old man who clambered on to rooftops in two separate incidents Friday is in jail, being held without bail, after being charged with criminal trespass and criminal mischief.

Bradley J. Broadbent, no permanent address, climbed onto a roof and reportedly jumped from roof to roof between homes on Hutchins Street late Friday afternoon.

Police, fire and medical personnel responded to the scene and Broadbent was talked into getting onto a ladder and climbing down.

He was transported by Mercy EMS to UMMC for evaluation.

At about 8 p.m., Broadbent reportedly fled UMMC's emergency room and a short time later, police were notified of a person entering a residence on Tracy Avenue.

Broadbent reportedly knows the woman who lives at the residence.

After a search of the residence, officers reportedly located Broadbent on the roof of a neighbor's garage.

Several other charges are pending against Broadbent, according to police.

On Friday, Lt. Jim Henning characterized Broadbent as a person of interest in a case of vandalism at a business building on Swan Street.

At the Hutchins Street incident, Broadbent was observed making repeated head and upper body movements, appearing very jittery. Police described his behavior as "irrational."

The criminal trespass charge stems from the Hutchins Street incident. At Hutchins Street, Broadbent also allegedly kicked in a door of a residence, leading to the criminal mischief charge.

According to Henning, Broadbent will also be charged at his arraignment July 9 with burglary for allegedly entering the Tracy Avenue residence.

Photo: From the Hutchins Street incident Friday. 

The driver of an SUV reportedly drove into some trees an the edge of BJ's Wholesale Club in Batavia. He got out of the vehicle and was obviously angry. No one is sure what happened or why. Sheriff's deputies are responding.

The Ramble Music & Arts Fest, scheduled to start at noon today in Jackson Square, will still take place today, despite this morning's thunderstorm.

The performance schedule will run about an hour behind because of the storm, but all performers are still expected to take the stage.

UPDATE: At 11:45 a.m., singer Brent Persia was already performing on the acoustic stage. The Ramble is under way.

A shed fire is reported at 10330 Bethany Center Road, East Bethany.

Bethany Fire Department with mutual aid from Town of Batavia responding.

UPDATE 10:41 a.m.: Homeowner appears to have put out the fire with a garden hose.

UPDATE 10:45 a.m.: Town of Batavia back in service.

UPDATE 11:05 a.m.: A Bethany tanker has gone back in service.

UPDATE 11:16 a.m.: Bethany is back in service.

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A two-car rollover accident with injuries is reported at Sumner and Colby roads, Darien.

Darien fire and ambulance responding. Mercy EMS also dispatched.

UPDATE 10:25 a.m.: Chief on scene says Mercy Flight will not be needed at this accident.

UPDATE 11:04 a.m.: One patient transported to Warsaw, one patient is a sign-off.

UPDATE 11:19 a.m.: A third person was transported to UMMC. Darien is back in service and the roadway is reopened.

There is a report of wires arcing in the area of 2104 Judge Road, Alabama.

Alabama Fire Department is responding.

There are also reports of tree limbs down in a few locations, including on Pratt Road.

UPDATE 10:08 a.m.: Report of wires down and arcing in area of 8900 Creek Road, Batavia. Town of Batavia fire responding. Also, according to National Grid, some 170 customers are without power in the Dodgeson Road area of Alexander.

UPDATE 10:13 a.m.: Pavilion Fire Department is also working an incident on York Road.

UPDATE 10:21 a.m.: National Grid reports 31 customers without power along Route 20 in the area of Brookville Road, Alexander. Also, a tree is down in the area of Dillon Road, Pavilion.

UPDATE 10:27 a.m.: Pavilion is working multiple incidents of trees and lines down. All available manpower requested to the hall.

UPDATE 10:31 a.m.: 15 minute ETA for National Grid on Town of Batavia's incident.

UPDATE 10:41 a.m.: Photos sent in by Tim Walton. A tree was knocked down by a lightning strike in the area of 100 Ross St., Batavia. The tree damaged a car (only one parked where three are normally parked) and took out a fence on Batavia Middle School property. Also, a tree reported down on Old Creek Road and a chief responds he's also received a report of a tree down on Little Canada Road. Dispatcher: "Copy, trees down everywhere."

UPDATE 10:50 a.m.: Report of lines down, arcing on Wilkenson Road, East Pembroke. East Pembroke fire responding. Also, fewer than 10 customers without power in the area of Route 20 and Route 63, Pavilion. No word on whether traffic signals at that location effected.

UPDATE 10:56 a.m.: Texaco Town intersection, traffic lights on four-way red flash.

UPDATE 10:58 a.m.: Creek Road and Little Canada trees removed. Wilkenson Road being closed between Route 33 and Lear Road.

UPDATE 11:23 a.m.: Creek Road is clear. Town of Batavia is back in service.

UPDATE 11:34 a.m.: East Pembroke is back in service.

UPDATE 12:12 p.m.: There is a power outage around Creek Road that stretches from East Alexander to north of Route 63. More than 400 customers are without power. The Dodgeson Road outage now effects more than 300 customers.  There are a handful of lesser power outages throughout the county.

UPDATE 12:20 p.m.: Photo below from Dana Lamb of tree down on power line on Brown Road, Pembroke.

UPDATE 12:39 p.m.: National Grid has or will cut power along York Road and South Street (or a portion of them) so large fallen trees can be removed by county highway crews. Pavilion fire command is informed of this.

The Ramble Music and Arts Festival is known as a celebration of the musical culture of Genesee County—but to many of the musicians participating, it means so much more.

“I think it’s a very popular event because all the people get to reminisce about the old times,” says Andy Hare, who will participate in the 7th annual festival for the third time this Saturday. “It’s almost like a class reunion for many of the musicians and the people who follow them—the old guys like us, chasing the Sixties.”

The “us” Hare is referring to are the members of the Moonshine Valley Band, his former group that will be reunited Saturday night. The band is one of several from the good old days that is coming together specifically for this occasion.  

“It’s a chance for guys like me to get out and show they’ve got a few kicks left in them,” Hare jokes.

Founder Bill McDonald says that the festival was started to serve that very purpose — to take a walk down memory lane by reuniting all those local musicians who had played together years ago. It has since grown from its humble beginnings — this year’s event will feature 37 acts, several artists, and “many ramblin’ revelers.”

“The purpose has always been to get the current community and folks who once called our area home involved, to share in the fun and keep the music and friendships vibrant,” he explains.

The Ramble is not strictly geared toward the middle-aged crowd — the event attracts people of all ages and generations.

“The festival day and the weeks pre and post have brought many friends, young and old, musical mates, and people in general, together for some fun,” says McDonald.

The festival-goers falling under the “young” category give the Ramble its charm, as the majority are the receivers of a passed torch.

“It shows the young people what’s coming, because many of them are offspring of the performers,” says Hare. “It’s generational entertainment.”

The Ramble Music and Arts Festival will take place from noon to 8 p.m. this Saturday, July 7, in Downtown Batavia. The 37 participating acts will perform on two different stages: the electric acts in Jackson Square, and the acoustic acts on Center Street. A remembrance of past musicians will take place at 4 pm. Admission is free.

With two dissents in a NYS Supreme Court ruling upholding the murder conviction of Scott F. Doll, one of Doll's attorneys said in the wake of the ruling that the defense will request that the NYS Court of Appeals review the case.

Timothy P. Murphy, of the Buffalo firm Lipstiz, Scime, Cambria, said the ruling expands the so-called "emergency doctrine" beyond what previous courts ruled.

"We're obviously disappointed with the results," Murphy said. "But there were two dissenting votes, so we will be an appeal with the Court of Appeals in Albany."

On a 3-2 vote, the justices found that statements made by Doll to the deputies and investigators he spoke to Feb. 16, 2009 were admissible as evidence against Doll.

The statements in question were made before the body of Joseph Benaquist, 66, was found bludgeoned on the driveway of his Pembroke home.

The court also ruled that statements Doll made to a friend in the presence of an investigator were also admissible.

The two dissenting justices disagreed with the majority on the use of the "emergency doctrine" regarding statements made before the murder was discovered, but agreed that the Doll's statements to a friend back at the Sheriff's Office were admissible.

The emergency doctrine allows police officers to detain and question a person when they believe the life of a person or persons may be in jeopardy. In an emergency situation, where lives may be at stake, police are not required to read a person his rights.

The majority's opinion upheld every aspect of the prosecution's case that was appealed, including the investigative work of the Sheriff's Office.

"We think (Doll) was properly convicted and the proof was there," Sheriff Gary Maha said. "They (deputies and investigators) did a great job. They were very thorough. It was a job well done by our people to make sure they covered all the bases."

Maha said he never had a doubt that his staff handled the case appropriately and that the court would back up his department.

"They're well trained," Maha said. They know that their jobs for those type of situations. They were following the law. I know the defense wants to put doubt in the jurors' minds. That’s their job, but our officers did their job and followed the law correctly."

District Attorney Lawrence Friedman said he was also pleased, but not surprised by the ruling.

"We were expecting this result based on the attitude expressed by the judges at the appellant division when the case was argued," Friedman said.

While Friedman praised the work of the entire Sheriff's Office staff on the case, he singled out Deputy James Diehl for exceptional work.

Diehl had only recently started working for the Sheriff's Office in February 2009 when he was dispatched to investigate a suspicious individual ducking behind cars at an old gas station at Main Road and Lake Road in Pembroke.

After arriving on scene, he encountered Doll, who immediately dropped what later turned out to be a car jack and he had a lug wrench in a pocket.

As Diehl interviewed Doll, he notice Doll had fresh blood on his jumpsuit, his hands and his face.

When questioned, Doll said he was butchering deer. 

Diehl was immediately suspicious of Doll's story and when a witness approached and identified Doll as the suspicious subject seen at the gas station, Diehl cuffed Doll and told him he was being detained until things could be sorted out.

"From the start, Deputy James Diehl did an excellent job of perceiving a suspicious situation and following up on it," Friedman said. "From our perspective, he did everything right. If he didn't follow through on it, we might never had made our case."

It was Diehl's actions, along with Deputy Patrick Reeves, who was second on scene, that came under scrutiny in the appeal by the defense team, however.

The defense contends that Doll should have been given a Miranda warning ("You have the right to remain silent, etc.") and when he asked for an attorney, all questioning of Doll should have stopped until an attorney was present.

Friedman argued that the preponderance of evidence available to deputies was that a person or persons had been seriously hurt. The amount of blood on Doll, and his inconsistent story about butchering deer and then going to see a friend and being involved in a car transaction, gave the deputies reason to believe a person or persons may be in serious trouble and that Doll had been in close proximity to whatever it was that caused a person or persons to bleed profusely.

The majority of the Fourth Judicial Department judges agreed with Friedman.

"... the deputies did not violate the defendant's right to counsel or his Miranda rights under the unique circumstances of the case," wrote the majority in their opinion. "The amount of blood present on the defendant's face, hands, clothing and van, and on the ground, along with bloody gloves on top of a nearby car, indicated that one or more persons had been grievously injured and that the defendant had been in close contact with the person or persons."

The court also found that given Doll's inconsistent statements to deputies, "they were justified in concluding that one or more persons had been injured and were in need of assistance or rescue."

The dissenting judges argued that the deputies did not have enough information to conclude there was a human victim and found that Doll's statement that he had been butchering deer was plausible.

Defense attorney Murphy said that in his initial ruling at trial in May 2010, Judge Robert C. Noonan expanded the scope of the emergency doctrine and though the Fourth Department upheld Noonan, Murphy believes the proper scope of the emergency doctrine can be reestablished in the Court of Appeals.

Both majority and dissent judges agreed that a friend who visited with Doll in the presence of Investigator Kris Kautz was not working in collusion with police and therefore Doll's statements could be used against him at trial.

The court also rejected a defense argument that Doll's van was seized without a probable cause and that the prosecution properly obtained business records of Doll's.

Doll is currently serving 15 years to life for the murder of Benaquist at the Sullivan Correctional Facility in Fallsburg.

For all of our previous coverage of the Scott Doll case, click here.

Batavia police are on Hutchins Street dealing with a person who is reportedly on a rooftop hallucinating and yelling statements about the police.

Batavia Fire Department is sending over a ladder truck and Mercy EMS is in route.

UPDATE 4:52 p.m.: The person is safely off the roof and is being transported to UMMC for evaluation. Lt. Jim Henning said that the subject asked for water and 10 minutes to gather his thoughts. Once he drank the water, he was ready to climb down the ladder provided by fire personnel. Henning said the subject fits the description of a suspect in an earlier criminal mischief complaint wherein some bathroom fixtures were ripped from the wall in a building on Swan Street.

By a vote of 3-2, the NYS Supreme Court has upheld the murder conviction of Scott F. Doll, convicted May 20, 2010 of killing Joseph Benaquist, 66, on Feb. 16, 2009.

The majority found that Doll's Constitutional rights were not compromised by Sheriff's deputies and investigators who responded to Lake Road, Pembroke, after Doll was found wandering the area in a blood-splattered jumpsuit.

UPDATE: Full Story

Edward J. Fuller, 22, of Clifford Avenue, Rochester, was sent to prison for three years Thursday after being picked up on a warrant in Mt. Morris and being turned over to the Sheriff's Office. Fuller was previously convicted of criminal possession of a controlled substance with intent to sell and failed to appear for his sentencing, so a warrant was issued. Following his arrest, Fuller was transported to Genesee County Court and sentenced by Judge Robert C. Noonan. (Original Arrest Report)

Thomas Charles Zimmer, 35, of State Street, Batavia, is charged with criminal contempt, 2nd. Zimmer was allegedly in his wife's hotel room in violation of a court order.

Javier Resendez, 23, of Cockram Road, Byron, is charged with illegal entry into the United States. Resendez was taken into custody following a report of a suspicious male trying to find a ride home at the Arrow Mart on Clinton Street Road, Batavia.

Samuel Robert Thomas, 57, no permanent address, is charged with petit larceny. Thomas is accused of stealing and damaging 16 newspapers left for sale at the Arrow Mart on Clinton Street Road, Batavia.

New York Times: Shots by Murdoch at Romney Play Out to Conservative Core

A single car accident is reported at 380 Main Road in Pembroke, near the Erie County line. There are minor injuries. It is off the road. Mercy medics and Pembroke and Indian Falls firefighters are responding.

UPDATE 3:54 p.m.: A responder on scene says it looks like the female driver took out a mailbox and then her vehicle went into a ditch.

UPDATE 4:01 p.m.: The driver has a cut on her right hand but otherwise says she has no aches or pains. A responder says it appears her vehicle rolled over several times.

UPDATE 4:11 p.m.: The patient is being transported to Millard Fillmore Suburban Hospital in Williamsville.

UPDATE 4:14 p.m.: Pembroke and Indian Falls are back in service.

A small fire is reported on the northwest corner of the roof on Building #4 at the VA Medical Center, located at 222 Richmond Ave. in Batavia. City firefighters are on scene and they report "there's a little smoke up there."

UPDATE 2:30 p.m.: The third platoon is called to stand by in the city fire hall.

UPDATE 2:34 p.m.: The small fire is described as "smoldering" and stems from roofing work. They are checking for extensions now.

UPDATE 2:42 p.m.: The fire is knocked down and they continue to check for extensions, reporting there is still some smoke coming from what is described as a balcony area.

UPDATE 2:50 p.m.: They plan to use a chainsaw to open up a portion of the roof to ensure there is no extension inside.

UPDATE 3:10 p.m.: The blaze is believed to have started when a worker used a heat gun while doing some lead paint abatement.

UPDATE 3:19 p.m.: The fire is completely out.

Joy Hale is this year's winner of the annual Don Carroll's Toys for Kids lottery ticket basket raffle. The basket contained more than $200 in scratchers and gift certificates (not counting potential winnings, of course). Hale's ticket was drawn by Jeff Heubusch, owner of Southside Deli, who donated the lottery tickets. Above, Carroll, left, and Heubusch.