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Stafford Carnival grounds flooded, no fun tonight

By Howard B. Owens

Organizers of the Stafford Carnival have canceled festivities for tonight. Just about everything -- including the beer tent -- is flooded.

Jamie Call said everything will be ready to go by tomorrow, however.

With no malt houses in New York, Hawleys' new venture to fill unique niche at the right time

By Howard B. Owens

You can't brew beer without malt, which is something Ted Hawley thinks legislators forgot about when they passed a farm brewing bill last year that will eventually require ales and lagers  labeled "New York Beer" to contain 90 percent locally grown ingredients.

"They just thought they could grow barley in New York," Hawley said. "They didn't know there was another step, which is malting. It has to be malted before you use it in a brew. So it was kind of interesting that they put this huge amount of effort into requiring 90 percent ingredients from New York, but there's no way it can be produced with 90 percent ingredients."

The timing of the bill was fortuitous for Ted and Patricia Hawley, who started planning a year earlier to open a malt house on their farm off Bank Street Road, Batavia.

It will be the only malt house in New York, though the Hawleys are sure others are coming with anticipation of a craft brew boom in the state thanks to the new rules.

The farm beer license created by the bill is modeled after the winery license, which requires local ingredients and allows for tastings, on-site sales, bigger production runs and statewide distribution.

The Hawleys, like the bill's supporters, envision beer trails -- like wine trails -- and a new branch of agri-tourism throughout Central and Western New York, with hopefully the Hawley's malt house, and Batavia, right on the map.

The Hawleys are never afraid to dream big, and asked about the future of craft beer in Batavia, Patty shared a vision of microbreweries being drawn to the area.

"If you look at the larger picture, it would be really great if we could encourage microbrewers to come in, who are largely young, to set down roots, raise their families here, to change the landscape of what Genesee County looks like," Patty said. "It would be very cool to bring in that demographic, who then attract others with that whole artisanal mindset."

The Hawleys have no immediate plans to brew beers themselves, though they imagine selling beer right on their farm that's created by other microbrewers using Hawley malts.

It's almost a matter of coincidence that the Hawleys came into the malting business.

Living local is important to the Hawleys and they also have a strong interest in organic products (Patty Hawley owns Fountain of Youth Organics in Brockport), so two years ago, Ted went to a conference to learn more about growing organic grains for commercial bakeries.

"We were thinking that we were going to grow some organic grains on a little bit of land that we have for the baking industry, which is another kind of booming initiative," Patty said. "At this conference, there was one brief mention, like a sentence or two, if there were any entrepreneurs out there, malt is needed and there are no malt houses. Initially we weren't thinking in that direction."

Ted started researching the idea and saw it as a great opportunity for a new business venture even before the farm bill passed.

Since then, he's been learning everything he can about malting and grains, attending conferences, taking workshops, going to seminars.

"About 100 yeas ago, New York State used to be the largest producer of barley, the largest producer of malt, the largest producer of hops in the whole country," Ted said. "Some fungus came in and kind of knocked it down a little because of the farming practices and repetitive planting and (the state) never recovered after Prohibition."

Hawley just returned from the Canadian Malting Barley Technical Center, where he found himself sitting next to representatives from the largest breweries in the world.

The center, he said, can create any kind of climate in the world. They grow many varieties of barely in different conditions and then malt the barley in small batches and brew beer to test the results.

Not all barley types grow equally well in all climates and since malt varieties of barley haven't been grown in New York in nearly 100 years, Hawley is on a search to find the best barley varieties to grow in Genesee County.

To get their malting operation off the ground, the Hawleys are growing barley on 43 acres in Byron (top photo) and planted a variety that is used commonly for malting. But Ted also has a field in Le Roy where he's growing 23 varieties of barley in cooperation with researchers from Cornell.

"A variety you grow out in the Midwest is not going to grow the same here," Ted said. "We've got to see what grows here and thrives and keeps the proteins down and the enzymes up, which is different than feed-grade barley, which is protein high, enzymes low, and that's what's been planted here the last 100 years."

The Hawley malt house will produce a variety of artisanal malts based on the varieties of barley and other grains they find grow best in Genesee County.

Already, some 50 brewers have expressed an interest in Hawley malts, from some larger craft brewers to guys still brewing private stock in a garage, Ted said.

The passage of the bill also created another opportunity for the Hawleys. They were able to apply for and receive a $117,000 state grant, which allowed them to immediately double the size of their operation.

Eventually, Ted believes the Hawley house will produce 150 tons of malt a year, but he's starting out small -- 1,000 pounds a week (the 43 acres in Byron will yield 43 to 50 tons of malt).

"This is all new, so I need to feel comfortable doing this," Ted said. "It's quite an intricate process."

There is no limit to the kinds of recipes brewers can dream up for beer and the Hawleys think that creative opportunity will help fuel a craft beer boom in New York and that brewers are ready for locally produced malts unique to New York.

"This craft brewing industry is phenomenal," Ted said. "There's no rules. I mean, there could be up to 30 ingredients in brews, from nuts and berries to honey, to apples. There's no rules and there are some great craft brews that are being processed right now in people's garages. This farm brewing bill will offer them an opportunity to open up larger and sell their brews."

Photos: On Ivison Road, Byron

By Howard B. Owens

These two pictures were made from just about the same spot on Ivison Road, Byron, just before sunset yesterday.

Thief uses sawed off shotgun to rob Pandora's Boxxx in Batavia

By Howard B. Owens

A mask-wearing man carrying a sawed-off shot gun robbed Pandora's Boxxx, an adult video and novelty store, as a clerk was preparing to close last night, according to the Sheriff's Office.

The suspect is described as a white male, about 5' 9" tall and weighing more than 200 pounds. He was wearing a camouflage balaclava over his head and dark clothing. He was last seen on foot running through the parking lot of the store toward Ellicott Street Road.

The store is located at 4818 Ellicott Street Road, Batavia. The robbery was reported at 11:39 p.m.

The clerk handed over the contents of the cash register to the man when he demanded cash.

The Sheriff's Office is asking that anybody with information that might assist in the investigation to call (585) 343-5000.

Law and Order: Jackson Street resident accused of stealing from Pringle Avenue porch

By Howard B. Owens

Ryan D. Shumway, 33, of 104 Jackson St., rear, Batavia, is charged with petit larceny and criminal possession of stolen property, 5th. Shumway was arrested following an investigation by Officer Arick Perkins and Sgt. Dan Coffey into a theft reported Monday of an item from the porch of a residence on Pringle Avenue.

Jacob T. Bell, 21, of 205 Washington Ave., lower, Batavia, is charged with assault, 3rd. Bell is accused of being involved in a fight with a family member at 5:10 a.m., Wednesday.

A 17-year-old resident of Coe Avenue, Oakfield, is charged with trespass. The youth is accused of trespassing on property owned by Bonduelle USA, Inc., in the Village of Oakfield. Three other youths were referred to Juvenile Court.

Drew M. Frost, 24, of Attica, is charged with DWI. Frost was stopped on Bowen Road, Darien, by State Police at 12:30 a.m Tuesday.

Stage production of Charlotte's Web opens Friday at GCC

By Howard B. Owens

GCC's Forum Players Theater Company presents "Charlotte's Web" this week, opening at 7 p.m. Friday in the Stuart Steiner Theater.

Alumna Jaime Arena directs the production, which also shows at 2 p.m. Saturday and Sunday at 2 p.m.

From a press release:

The show is being produced with the support of The BEST Center at GCC by special arrangement with the Dramatic Publishing Company of Woodstock, Ill. Originally published in 1952, E.B. White’s “Charlotte’s Web” chronicles the life of Wilbur the pig  (played by 2010 GCC alumnus Robert Reiss). Born the runt of the litter, Wilbur is saved first by 8-year old Fern Arable (Brianna Jones of Batavia) who stops her father (played by GCC English Professor Norm Gayford) from killing the pig and nurses him to good health. In the barn at the Zuckerman farm, Wilbur encounters a spider named Charlotte (Margaret Gayford, of Warsaw High School), who spins magic when Wilbur’s life is again in danger. A timeless tale of bravery, selfless love, and the true meaning of friendship, the play is adapted for stage by Joseph Robinette.

Other cast members include: Kayli Wilson (Canastota) and Jordan Griffiths (Milford) as narrators; Sania Hyatt (New York City) as Templeton; Courtney Amesbury (Bergen) as Mrs. Arable; William Rupp (Batavia) as Avery; Christian Hoffman (Hilton) as Homer Zuckerman; Alayna Zimbrich (Hilton) as Edith Zuckerman; Tony E. Heard (Fillmore) as Lurvy; Emily Jones (Waterloo) as Goose; and Norm Gayford as Old Sheep. William Rupp, Norm Gayford and Emily Jones will play fairgoers while Brianna Jones, Tony E. Heard and William Rupp will appear as spiders.

All tickets for the show are $5. An autograph session will be held after each performance. Tickets can be purchased by cash, check or credit card from the GCC box office at (585) 345-6814 or boxoffice@genesee.edu.

Photos from today's dress rehearsal by Howard Owens.

Drug task force nabs two Le Roy residents on drug charges

By Howard B. Owens

Following a Local Drug Enforcement Task Force raid, two Le Roy residents have been arrested on drug charges.

Taken into custody were Jacqueline D. Cecere, 35, and Brandon M. Longhany, 33, both of Clay Street.

They were charged with criminal possession of a controlled substance, 7th, criminal possessing of a hypodermic instrument and criminal using drug paraphernalia. All three charges are misdemeanors.

Task force agents reportedly found hypodermic instruments, methadone, a small quantity of cocaine, heroin and packaging used for controlled substances.

Uniformed deputies and Le Roy PD assisted in the execution of the search warrant.

'Sound sculpture' musician to perform at Masonic Temple, hosted by Blue Pearl Yoga

By Howard B. Owens

Press release:

"Matt Venuti's performance opens the heart, quiets the mind, and deeply touches the soul" ~ Arun Gandhi, author, lecturer, grandson of Mahatma Gandhi.

Multi-instrumentalist/composer Matt Venuti is one of the world's premier players of the Hang, the most exciting new acoustic instrument of the 21st Century and one of the most captivating and versatile of all time. Better described as a sound sculpture than a typical instrument, Hang means hand in Swiss -- pure magic!

Matt's compositions and performances have been commended by worldwide fans of his original music. He has a history of performing at progressive happenings like the TED Conferences and gala events worldwide, either as a soloist or with his San Francisco based ensemble, The Venusians.

He tours throughout most of the year performing solo Hang concerts and FreeFlow Yoga events.

CLICK HERE to read a recent article written about Matt for the Huffington Post about FreeFlow.

CLICK HERE videos of him playing.

For pre-sale tickets buy on line or stop in the studio call : 585-230-5430​ or visit our Web site: www.bp-yoga.com

Thursday, June 20 | 7 p.m. | $15/ pre sale | $20/ door

Noonan sends man to prison who had a chance to stay out of jail after guilty plea during 'bizarre' trial

By Howard B. Owens

Robert P. Leiser Jr., could be out of jail today, but according to Judge Robert C. Noonan, Leiser couldn't do one simple thing: follow a court order.

Noonan gave Leiser, originally indicted on two counts of assault, 2nd, a chance at a sentence of credit for time served after Leiser entered a guilty plea in the middle of his trial in April to a lesser charge of second degree attempted assault.

It's probably the first time Noonan has ever allowed a plea bargain after a trial has begun, but according to Noonan it was the most bizarre trial he's presided over and it was clear to him, he said, that the main witness against Leiser wasn't telling the truth.

"Mr. Burns (attorney Thomas Burns) saying that this was a dysfunctional relationship between you and the complainant, that's probably the understatement of the decade," Burns said. "This was a relationship that was nothing short of bizarre between two people who share a responsibility for the conduct that brought us here today."

However, Noonan said, the only person with an order of protection in place was Leiser.

Leiser was arrested in August and accused of hitting a woman in the head with a flashlight.

In deciding to sentence Leiser to one-and-a-third to three years in prison, Noonan said he also considered Leiser's criminal record, which includes at least 40 arrests and two stints in prison.

"In 25 years of criminal history, you just get arrested, go to jail, get out, go to prison, get out," Noonan said. "I don't know when you're going to wake up and say, 'I'm a grown man now, I'm in my 40s, and I need to take charge of my life and not go back to prison.' "

Noonan had hoped, he said, that Leiser could prove he was ready for that change after his guilty plea when Noonan released him from jail under supervision (RUS) of Genesee Justice.

Burns argued that Leiser wasn't accused of using drugs while he was on RUS and there is no evidence that he used drugs, but Noonan said Leiser violated his RUS contract in numerous other ways.

UMMC honored for giving newborn baby from Medina a 'Safe Haven'

By Howard B. Owens

Staff at UMMC were honored this morning for their participation recently in the "Safe Haven" drop off of a newborn baby by a mother in distress.

Timothy Jaccard, president and director of AMT Children of Hope Foundation, and author of the 1996 law that makes Safe Haven possible, presented plaques to the hospital and to staff for UMMC's acceptance of a Safe Haven baby last month.

In late may, a mother contacted Jaccard's organization looking for an option for a baby she could no longer care for. The mother was directed to the Medina Fire Department, which accepted the baby and transported it to UMMC.

The Safe Haven law allows mothers to hand over babies to Safe Haven ambulances and hospitals without any repercussions.

Prior to the law's adoption, Jaccard said, as many as 25 babies a year in New York were being left to die in Dumpsters and along roadways. Last year, only three babies in New York died after being abandoned.

"It’s very rewarding to know that we made a difference in the community," said Maryann Cogdill, who is in charge of the maternity ward.

The baby was given a medical examination to ensure it was healthy and then placed in a foster home and it will eventually be adopted.

Photo: Mary Beth Bowen, VP of nursing, Mark Schoell, CEO of UMMC, Denise Polovick, RN, Jaccard, Cogdill and Dan Ireland, VP of clinical support services.

Le Roy mother facing new criminal charges, accused of burglary

By Howard B. Owens

A Le Roy woman, already facing a pot growing charge, has been arrested again on an unrelated burglary charge.

Sara E. Schimley, 23, is accused of unlawfully entering or remaining in the apartment of an acquaintance between April 1 and May 24 and brandishing a crowbar and putty knife.

She was arrested by Le Roy PD on charges of first degree burglary, a Class B felony, and criminal possession of a weapon, 3rd.

Nearly two weeks ago, Schimley's apartment on East Main in Le Roy was raided by members of the Local Drug Enforcement Task Force and Schimley was charged with unlawful growing of cannabis, a Class A misdemeanor, and unlawful possession of marijuana.

Also charged a few days later was 33-year-old Michael J. Penvose.

Schimley and Penvose have a young daughter together and Penvose made news in April when he was accused of stealing a thermometer from Le Roy's Dollar General store. After sharing with police that he was concerned about the health of his infant child, a Le Roy PD officer purchased the thermometer for him.

Schimley was arraigned in Le Roy Town Court on the new charges and released under supervision of Genesee Justice.

Police are looking for suspected guitar thief

By Howard B. Owens

Police are  looking for a white male suspected of stealing a guitar from a car in the City Centre parking lot.

He was last seen heading heading toward the Jerome Center.

He is wearing dark-colored pants, a zip-up hoodie, and a dark baseball-style hat. He is riding a 10-speed style mountain bike.

The suspect broke out a window of the vehicle to steal the guitar.

UPDATE 2:09 p.m.: It's an electric guitar, not in a case.

UPDATE Wednesday: Scanner traffic on Tuesday indicated the suspect's hoodie was orange.

Hawley announces bills supporting veterans moving through Assembly

By Howard B. Owens

Press release:

A collection of bills supporting veterans cosponsored by Assemblyman Steve Hawley (R,C,I-Batavia) has cleared a major legislative hurdle as the bills move closer to passage. The legislation, which has been advanced out of the Assembly Committee on Veterans’ Affairs, would increase access to employment and support services for veterans, as well as implore Congress to join the effort to honor our troops’ service.

"Supporting our troops is the duty of all Americans and has always been a focal point of my role in state government,” Hawley said. “The legislation advanced by the Veterans’ Affairs Committee will ensure that all of our nation’s heroes have access to gainful employment, while expanding eligibility for critical support services that soldiers need and deserve upon their return home to the country they have risked their lives to defend. As the ranking minority member on the Veterans’ Affairs Committee, I thank my colleagues on both sides of the aisle for ensuring that New York honors, respects and supports our courageous troops each and every day.”

Legislation cosponsored by Hawley recently cleared by the Veterans’ Affairs Committee includes:

  • A.7561 – expands the eligibility criteria for admission to a New York State Veterans Home;
  • A.7761 – enacts the Veterans’ Employment Act, directing the state to establish a veteran temporary hiring list, which state agencies will use to make all temporary hires where applicable; and
  • K.521 – a resolution urging Congress to pass the Troop Talent Act of 2013, which would improve the path to civilian professional credentials for service members trained by the military, ensure credentials are relevant to civilian industries, and increase access to high-demand industries for service members.

Man accused of rape appears in County Court, ordered held without bail, argues with judge about attorney

By Howard B. Owens

Charles D. Johnson, appearing before Judge Robert C. Noonan for the first time on charges that could land him in prison for life, became argumentative near the end of his arraignment over the issue of who should represent him.

"I don't want this man as my lawyer," said Johnson, moments after entering a not guilty plea to an eight-count indictment that includes charges of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree and sexual abuse in the first degree.

Johnson, whose aunt and other family members were in the courtroom, said his family is hiring an attorney for him.

Today, he was represented by Public Defender Gary Horton.

Noonan tried to explain to Johnson that until the point that a private attorney is hired, he has assigned counsel for his own protection and that Horton is his attorney for now.

The 29-year-old Johnson repeatedly interrupted Noonan. "Don't I have a right to say who my attorney is?" Johnson said. "I did not request him," he said. "I want a different attorney." "Can't my family have 30 or 45 days to hire an attorney?"

Finally, Johnson asked to represent himself until his family hires an attorney.

Noonan told him the case was over for the day and if his family hasn't hired an attorney by the time of his next scheduled court appearance -- Aug. 13 -- he can address the attorney issue then.

Johnson is accused of breaking into the apartment of a woman May 9 and using a knife to threaten her while sexually assaulting her.

Following his arraignment in Town of Le Roy Court, Johnson was ordered held without bail. Today, Horton argued that some bail -- perhaps high bail -- should be set for Johnson.

Horton found fault with the bail evaluation, saying he should have scored higher because he lives with his aunt and because he's been on public assistance for a number of years. He also said his client denies daily use of marijuana.

"He denies any chronic drug use," Horton said.

Assistant District Attorney Kevin Finnell said no bail was preferable, but if Noonan set bail, it should be at least $100,000 cash.

"The bail evaluation is scored negative eight points and that's appropriate," Finnell said. "It was properly prepared and verified. I would submit that Mr. Johnson isn't entitled to any more points than given in the evaluation, and even if he were, the crimes charged in this indictment are very serious and present a grave risk of flight."

Noonan said that since Johnson faces a possible life prison term he should be held without bail until trial.

As soon as Noonan said that, Johnson started arguing about his attorney.

Batavia resident using the Tonawanda to prepare for historic canoe trip from Albany to NYC

By Howard B. Owens

Rick Levins says the Tonawanda Creek is a spiritual place. He's been drawn to it most of his life, he said. For more than 30 years, he's lived on its bank in a home on Walnut Street.

This spring, he started paddling it every day, finding a few moments of peace, but also preparing for a historic canoe trip next month from Albany to New York City down the Hudson River.

The trip is known as the Two Row Wampum Renewal Epic Canoe Trip and is being organized by a group of Native Americans in the Syracuse area to commemorate the first treaty between Iroquois (Haudenosaunee) and Dutch traders in 1613.

"Basically, the treaty said, 'we're in our canoes, you're in your ships, we're going down the same river together, but we won't bother you, you don't bother us,'" Levins said. "That didn't always work quite so well, but the Iroquois and Haudenosaunee have honored that treaty. This is a 400-year renewal. It's the basically indigenous person saying we're losing the path here and we need to get back to some of these old ways."

Levins is half Native -- his mother was from the Six Nations in Canada -- and his cousin from Six Nations introduced him to the trip.

The journey starts July 27 and ends Aug. 9 on the United Nations Indigenous People's Day. 

Along the way, there will be seminars and lectures. The trip is intended to promote peace, friendship and environmental sustainability.

Levins has been paddling on the Tonawanda every day since the start of spring preparing for the trip. Every day, he says, he has the creek to himself. He sees geese, ducks, herons, beavers and deer and listens to the birds tweet and twitter.

"I've even seen deer swimming in the creek," Levins said. "I was going up the creek, coming around the bend, and I saw something in the water. At first, I thought it was a beaver. There's a lot of beaver in here. Well, the beaver started to get up out of the water and it turned into a deer. A nice young buck with velvet."

Because of the historic meaning of the Tonawanda to both Natives and white settlers, Levins said he's always felt a special connection to the waterway that was once an important transportation link.

"The creek holds a lot of meaning to me," Levins said. "There's so much history here."

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