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Sponsored Post: Open House Saturday – 9309 Warsaw Road, Le Roy

By Lisa Ace


OPEN HOUSE ALERT: 9309 Warsaw Road, Le Roy, Saturday from 11 a.m. - 12:30 p.m. Custom built in 2006, well built, well kept ranch home that is super warm and cozy and ready to move right in! This 3 bedroom, 2 full-bath home in nice area is outside the village backed up to fields but close to all amenities.

Home features great room w/cathedral ceiling and pretty stone gas fireplace.Very open floor plan that has spacious oak kitchen blending into large dining area with sliding doors that open to large forever deck that is fully screened with full awning AND connects to airy master bedroom suite -- imagine early morning coffees out your bedroom door or great evenings entertaining!

Two large extra bedrooms and first-floor laundry finish off the upstairs -- but don't forget awesome large basement that adds so much more opportunity! Don’t forget the Generac generator and central air! Click here for more information on this listing, or call Lynn Bezon today for a showing.

GCEDC Board approves incentives for Six Flags Darien Lake and Le Roy's Wright Associates

By Billie Owens

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors approved incentives of approximately $126,000 for Six Flags Darien Lake LLC at its Oct. 3 meeting.

The company is proposing to build Wahoo Wave, a new $1.575 million 60-foot-tall water ride at the Hurricane Harbor water park, which is set to open in 2020.

The project will help retain 380 jobs at one of the county’s largest sales tax revenue generators. For every $1 of public benefits, this project is creating $4.70 of economic benefit to the local, regional, and state economy.

The GCEDC board also approved an accepting an application from Wright Associates for a $8.9 million capital project that would include the purchase of an existing 139,000-square-foot building on Wright Avenue in Le Roy. In addition to the land acquisition purchase, Wright Associates will invest $2 million to extensively renovate the building and $2 million to purchase new equipment.

Renovations to the property would include the installation of a new roof, updating the electrical system, improvements to drainage system, repairing and repaving the driveway and parking lot, installation of fiber optic cable, updates to HVAC systems, installation of a fire and security system, installation of spray foam in exterior walls and steel siding, and others.

Wright Associates is seeking approximately $823,000 in mortgage, sales and property tax exemptions. For every $1 of public benefits, the project would create $2.39 of economic benefit to the Genesee County economy.

Nominations for GC Chamber of Commerce Awards now being accepted, deadline is Dec. 30

By Billie Owens

Press release:

The Chamber’s Annual Awards Committee has announced the 2019 Annual Award Ceremony will be held on Saturday, March 7, at The Quality Inn & Suites, Park Road, Batavia.

This is the County’s premier event that honors businesses and individuals for their achievements in business, community service and volunteerism.     

Please note that a brief write-up will qualify your nominee for consideration.

Nominations are now being accepted for Business of the Year, Entrepreneurial Business of the Year, Agricultural Business of the Year, Innovative Enterprise of the Year, Special Service Recognition & Geneseeans of the Year.

Business Nominees must be a Chamber Member (If unsure of your nominee, call the Chamber to verify).   

Nomination forms are available at the Chamber of Commerce office, 8276 Park Road, Batavia and can also be downloaded from the Chamber website at www.geneseeny.com.  

Nominations MUST BE RECEIVED BY Dec. 30 to be eligible for consideration. 

If you would like more information, feel free to call Kelly J. Bermingham, Director of Member Relations & Special Events at the Chamber office, 343-7440, ext. 1026.

Now at the GC Animal Shelter: 'certified pre-owned adult cats'

By Billie Owens

Many people have heard about CARFAX, the one-stop-shop online for used cars. The Genesee County Animal Shelter's Volunteers For Animals offer their own version, called CATFAX, but it's an in-person opportunity for those interested in "certified pre-owned adult cats."

We're not making this up; they are. (Cleverness credit where cleverness credit is due.)

For only 60 bucks, with zero-percent financing -- cash or check only, you can bring home your very own feline companion.

Features and Specs:

  • All cats over 1 year old;
  • All makes and models;
  • Standard 4-paw drive;
  • 100,000 purr warranty;
  • Over curtain climbing phase.

Multi-point Inspection:

  • Spayed or neutered;
  • Vaccinated;
  • FIV/FeLV tested;
  • General grooming;
  • Flea, earmite, worm treatment.

To test drive your potential pet, or at least check under the hood, visit the Genesee County Animal Shelter at 3841 W. Main Street Road in the Town of Batavia during adoption hours.

Adoption Hours:

  • Mon‑Fri: 12 ‑ 6 p.m.
  • Saturday: 10 a.m. ‑ 4 p.m.

Contact the Volunteers For Animals at www.vol4animals.org

Or call the shelter at (585) 343-6410.

Serious inquiries only. Real pets for real people. Must be able to provide food, water, shelter and affection. Those not up to the task need not inquire. Providing catnip, luxury bedding, bejeweled collars, crystal supping dishes, a chaise longue (lounge), and other whimsies optional.

This message has been brought to you as a public service on behalf of fur friends county-wide.

Sonny Mayo and the Lowdown perform at GCC Nov. 8 to help fund spring break history tour

By Billie Owens

Submitted photo and press release:

An annual spring adventure where students in Genesee Community College's History Club visit important historical sites, museums and battlefields in April ultimately benefits the local lovers of blues music this fall.

Sonny Mayo and the Lowdown are coming to GCC's Stuart Steiner Theater on Friday, Nov. 8, at 7 p.m. for an evening of excellent rhythm and blues featuring a great selection of original tunes and old favorites by a former GCC faculty member. All proceeds from the concert will be dedicated to the History Club's spring break history tour.

Frank "Sonny" Mayo is now a retired GCC public speaking professor, but he is anything but retired from his passion for music. Mayo is bringing his trio with him for a show that promises to give local music aficionados a taste of folk, blues and Americana music, and all for great cause.

Mayo released his first album, "So Far So Good," out of Nashville in 1981.The album was critically acclaimed by Record World magazine and culminated a six-year apprenticeship in Los Angeles and Nashville. Since then, Mayo has released 11 albums on the indie label, Thunder Road Music.

His most recent CD, "Chasing the Chord" was released in 2016 and is a blend of folk, blues and Americana, rich with vivid characters and editorial comments on societal issues.

Mayo has also performed as an opening act, host or shared the bill with numerous musicians including but not limited to Eric Andersen, Eric Bibb, Rory Block, The Burn Sisters, Jen Chapin, Guy Davis, Bill Morrissey, David Olney and slide guitarist Roy Rogers.

Professor Mayo was once a GCC "office neighbor" with Derek Maxfield, associate professor of history at GCC's Batavia Campus. Their collegial conversations lead to a number of dynamic opportunities through the years, to share the new music and support the experiential learning for their students.

"Educational spring breaks are an important facet to the student experience and to learning outcomes," Maxfield said. "As students see these historic places for themselves outside of a classroom, they come away with a new appreciation for the problems, opportunities and even mistakes made by people in the past.

"They also learn about themselves, the world around them, and often, they make life-long friendships. It is an honor that my former colleague and continued friend, Frank or Sonny Mayo, is willing to share an evening of music for such a worthy cause."

Presale tickets are $18 for adults and $20 at the door. GCC students and children under 12 are $10.

 Advance tickets are encouraged by contacting Maxfield, who is also GCC's History Club advisor, or Marie Kochmanski, clerk-typist in the second floor Humanities Suite, Room B259, or Michelle Forster, secretary in the third floor GCC Human Communication and Behavior Suite, Room B359.

For more information or to purchase tickets, email Maxfield at ddmaxfield@genesee.edu or call 585-343-0055, ext. 6288.

Hawley calls publicly funded political campaigns a 'disastrous idea'

By Billie Owens

A statement by Assemblyman Steve Hawley on the proposed Public Finance and Elections Commission:

“The decision by Downstate Majority lawmakers to create a Public Finance and Elections Commission will have disastrous effects on both campaign ethics and taxpayers’ wallets. 

“Instead of diverting this to an outside panel, a decision of this magnitude should be debated and voted on with the input of the public. This should go through the legislative process; lawmakers must take responsibility for unpopular decisions, instead of washing their hands when something isn’t politically salient. 

“There is no justification for financing political campaigns on taxpayers’ dollars. The tax burden New Yorkers are subject to is ridiculous. The state was just ranked the third-least tax-friendly state in the country, and decisions like creating a Public Finance and Election commission are exactly why. 

“Instead of allocating tax dollars to fund political campaigns, the money should go to statewide improvements in infrastructure, such as clean drinking water and repairing deteriorating bridges and roads.

“I stand with my colleagues who have spoken out against this constitutional violation and abuse of power. The best interest of taxpayers has been put on the back burner for far too long.”

Reminder: Benefit for longtime Basom resident fighting colon cancer is Oct. 20

By Billie Owens

Submitted photo and information:

BASOM -- Friends and family of Karen Brown -- a lifetime Western New Yorker, wife, mother, stepmother, and grandmother -- say she needs the community's help.

In a letter about a charity benefit planned Oct. 20 in Lancaster for her, they say that Karen is 47 years old and has lived in Basom for 20 years. She has struggled with colon cancer since January, 2017.

She has endured radiation, chemotherapy, and major surgery to remove it. In spite of these treatments, the cancer has not responded in her favor. She is now undergoing experimental cancer treatments at Roswell Cancer Institute in efforts to keep her cancer from spreading further.  

To help with the expenses of the experimental medical treatments and allow Karen to put her focus on her fight with cancer, her friends and family will be hosting a benefit in her honor.

There will be raffles, live music and food at the benefit to raise money.

The benefit will be held from 12 to 4 p.m. on Sunday, Oct. 20th at VFW Post #7275, located at 3741 Walden Ave. in Lancaster (NY 14086).

Your support is needed to help make Karen’s benefit a huge success. Any and all contributions are greatly appreciated, and can be arranged for pickup. 

"Please hold Karen and her family close to your hearts by keeping them in your thoughts. We are truly grateful."

Today, you can make an immediate difference by helping with a donation. Suggested donations include, but are not limited to, gift cards or certificates, raffle items, theme baskets and monetary donations.

Monetary gifts may be made in person at the benefit or by mail at the below address. Checks may be made payable to Karen M. Brown with the word “Fundraiser” written on the memo line.

Mail to:

Karen Brown Benefit c/o Kristine Fazio

11820 Boncliff Drive

Alden, NY 14004

Please direct any questions, comments and or concerns to benefit coordinators:

  • Joanne Morrison 980-422-9109
  • Kristine Fazio 716-553-5093

BREAKING: Antwan Odom not guilty on all counts

By Howard B. Owens

A Genesee County jury of nine women and three men has found Antwan Odom, accused of assaulting former teammate and friend Ray Leach on Aug. 4, 2018, during an incident on Ross Street, not guilty on all counts.

The verdict was unanimous on assault in the first degree and the lesser included offenses of attempted assault in the first degree and assault in the second degree as well as criminal possession of a weapon in the fourth degree.

UPDATE 12:57 p.m.: We have video interviews outside of court with Antwan Odom, Frank Housh, Lawrence Friedman, and a couple of the jurors. I'm editing the video now and will post it at the top of the home page as soon as it's ready.

Correction and clarification on Antwan Odom coverage

By Howard B. Owens

In recent coverage of the Antwan Odom trial, The Batavian has reported that in May, Odom was offered a "no jail time" plea deal.

"No jail time" was not explicitly part of a plea offer, though that would have been an option for Judge Charles Zambito if he adjudicated Odom as a youthful offender.

We also misunderstood from our coverage at that time the fact that a finding of youthful offender status is still available to Zambito even if Odom is convicted by a jury. Upon a finding of youthful offender status, Zambito has the full range of sentencing options available.

We've reported that a conviction on the count of assault in the first degree has a mandatory minimum status of five years in prison. This is true; however, if Zambito grants Odom youthful offender status, he can determine no jail time is appropriate but if he decides some prison time is appropriate, he can sentence Odom as if the conviction were for a Class E felony. The maximum possible sentence for a Class E felony is one and a third to four years.

The Batavian regrets the error.

Batavia PD warns of increase of larcenies from cars

By Howard B. Owens

Press release:

The Batavia Police Department has received multiple reports of larcenies from vehicles over the past couple weeks. The items taken from the vehicles have been: Cash, change, GPS units and other electronic items. 

The larcenies have occurred at locations all throughout the City.

Residents are encouraged to lock unattended vehicles and to not leave items of value in vehicles overnight.

The larcenies are believed to have been committed by persons walking and/or riding their bicycles in the neighborhoods during the evening/overnight hours.

Police will continue to be observant for persons involved in this activity. Residents are encouraged to report any suspicious activity they observe to Police as soon as possible.

Four members of Batavia-Genesee County Zonta Club attended 56th annual conference

By Billie Owens

Above, Marianne Sernoffsky, Mary Yunker and Heather Parker at the 56th annual Zonta International Conference in Buffalo.                        

Submitted photos and press release:

Zonta International is celebrating 100 years since its founding in Buffalo in November 1919. Three of the original nine clubs are part of District 4: Buffalo and Rochester, and Erie, Pa. District 4 of the organization held its 56th Conference in Buffalo Sept. 17-30 and four members of the Batavia-Genesee County Club attended the weekend portion of event.

Heather Parker and Marianne Sernoffsky were club delegates, Mary K. Yunker, as one of two district historians, and AnnMarie West as an area director (inset photo below).

District 4 Governor, Bonnie Clesse, of the Hamburg-Orchard Park Club opened the conference, followed by Zonta International Director Judy Gorton, from the Perth Club in Australia.

Attendees heard from several guest speakers:

  • NYS Lt. Gov. Kathy Hochul spoke to the group on Saturday;
  • Mary Travers Murphy, the CEO of the Family Justice Center of Erie County;
  • Beverly Jacobs, J.D., of the Mohawk Nation, an attorney who works to empower indigenous women of Canada and has received awards for the human rights fight relating to missing and murdered indigenous women and girls in Canada.

Both district and area awards were presented over the weekend; the local Zonta Club received an award for its monthly club newsletter.

The club will be participating with the Le Roy Historical Society on Oct. 6th when an open house will be held at the former Donald Woodward Airport on Asbury Road in Le Roy on Sunday afternoon.

The club raises funds for their service projects and scholarship fund through several events during the year.

The next one will be the annual Holiday Festival over the weekend of Nov. 10 and 11 at Batavia Downs Gaming & Hotel. As usual, Santa Claus will be present for photos with children, and more than 150 crafters and vendors have signed up to participate.

The club has set March 7 for its annual Lucky Number Luncheon.

Zonta’s Mission & Vision  

Zonta International is a leading global organization of professionals empowering women worldwide through service and advocacy. Zonta International envisions a world in which women's rights are recognized as human rights and every woman is able to achieve her full potential.

In such a world, women have access to all resources and are represented in decision making positions on an equal basis with men. In such a world, no woman lives in fear of violence.

Darien Town Justice Gary Graber is marking 40th year of public service

By Billie Owens

From the NYS Magistrates Association:

The New York State Magistrates Association and its statewide membership has proudly presented a certificate to commend and recognize the service, dedication and accomplishments of their esteemed colleague and fellow justice, Honorable Gary Barry Graber in appreciation of 40 dedicated years of service in the Town of Darien.

The Certificate of Appreciation is presented with the sincere congratulations and best wishes of the association on Sept. 15, 2019.

Signed,

Honorable Michael A. Petucci, president

New York State Magistrates Association

(Editor's note: The end of 2019 marks the 40th year that Graber has served as Justice in Darien Town Court. Graber is a member of Leadership Genesee Class of 2005.)

Town of Batavia tentative budget holds property tax rate at $2.44 per thousand

By Mike Pettinella

Pointing to the Town of Batavia’s robust economy, Supervisor Gregory Post on Wednesday released the municipality’s tentative budget for 2020 – a $5.1 million spending plan that holds the line on property taxes.

“Our strong and viable economic development policy adds to the assessed value and increases our revenue without raising the (tax) rate,” he said. “We’re seeing PILOTS (payments in lieu of taxes) coming off, several instances of (company) expansion, and an increase in engineering review fees … and this will enable us to keep the rate flat for the foreseeable future.”

The general fund budget calls for $1.04 million to be raised by property taxes – with the rate of $2.44 per thousand of assessed valuation, the same as the rate in 2019. Last year’s tax rate was 20 cents per thousand less than the 2018 rate.

At $2..44 per thousand, owners of a home assessed at $90,000 would pay $219.60 for the year.

The Town Board has estimated 2020 revenues to be $3.077 million, which means that $992,310 will be used from an unexpended fund balance to reach the $5.1 million in appropriations.

Post said the board is projecting a $543,000 increase in spending over last year, but $500,000 of that is earmarked as a capital project line item pertaining to the Town Hall building.

“We need to establish it (capital project) if we want to explore refurbishing and remodeling of the Town Hall,” he said. “We have no authorization to spend that yet, but this is how the process begins.”

The supervisor indicated that water and sewer rates will go up slightly – about 3 percent – “which equates to a 7- or 8-cent increase per 1,000 gallons.

“We’re seeing significant increases in revenues, especially from the industrial use on the east side of the Town,” he said. “We’re truly blessed to have those businesses there (referring to the Genesee Valley Agribusiness Park on East Main Street).”

Post also said that personnel salary increases range from 2.5 to 3.5 percent, with raises determined on a “case by case evaluation.” He noted that the Town has been able to cap health insurance costs at the same level as 2019.

“We have been advised to anticipate additional work, particularly in the courts … 30 to 35 percent more administrative work and time spent in the courts, and we have to compensate for that.”

The Town Board will convene at 7 p.m. on Wednesdays to continue to review the spending plan, and is expected to adopt the preliminary budget at its Oct. 16 meeting. A public hearing is scheduled for Nov. 6, with a vote on the final plan set for Nov. 20.

Ferrell Gas seeks public's help in collecting gift cards for local families in need

By Billie Owens

From Ferrell Gas:

All this month Ferrellgas in Batavia is collecting gift cards to donate to the nonprofit Willie Bee Foundation to help families with a child in crisis.

Throughout October, the business at 655 Ellicott St. is seeking the public's help to reach its goal of amassing 100 gift cards to help spread some love to families that need the community's support.

Do you have a gift card sitting on your desk or in some drawer that you've never used? Consider mailing it to Ferrell Gas to help ease a local family's burden during what for many of them may be the hardest time of their life.

Drop a gift card off at the office or mail one there.

For your kindness, you will receive a coupon for a FREE 20# tank exchange from Ferrell Gas.

As always, we thank you for your continued support. Let's show everyone how amazing our community is!

Mailing address: Ferrell Gas, 655 Ellicott St., Batavia NY 14020

Phone: 1-800-437-4856

To learn about the Willie Bee Foundation, click here.

GO ART! expands exploration of culinary arts with addition of Jeanne's Table

By Billie Owens

Press release:

Culinary art is an important medium in the arts and officials with the local nonprofit GO ART! are realizing its significance by expanding the scope of their collaborative efforts into multiple culinary programs at the Bank Street site.

A number of food-related programs have emerged at GO ART! as they offer new food and drink opportunities in the community.

The most recent addition is Jeanne’s Table, which will offer a prix fixe eight-course theme-based dining experience once a month. Local gastronome Jeanne Walton is in charge of this enterprise that is sure to delight diners.

Cost is $60 per person and seating is limited to 20 people.

Other culinary offerings at GO ART! include Afternoon Teas, which have been offered every month for the past year and can also be booked privately, and its first Farm to Table Dinner. Tavern 2.O.1 regularly schedules wine and craft beer events; it is open to the public at 5 p.m. Wednesday –Saturday.   

Use of the commercial kitchen has increased significantly with regularly scheduled cooking classes by Genesee Valley Education Partnership.

For more information, contact Valeria Antonetty, GO ART! Facilities and Operations coordinator, at 585-343-9313.

Parlato announces more than $270K raised so far in campaign for NY-27

By Howard B. Owens

Press release:

State and national Republicans, who have vowed to recruit and support more women for public office, may have found their strongest contender just outside of Buffalo.

In just two months, conservative Beth Parlato shattered expectations by raising an astounding $270,000 in her bid to replace Chris Collins in New York’s 27th District.

“I’ve been a part of this community my entire life," Parlato said. "I’m humbled by the generosity and support our campaign has received so far."

Parlato’s fundraising haul is especially impressive because, while traditional sources of Republican funding stayed on the sidelines before Congressman Collins announced his resignation, she managed to unearth an entirely new donor base within the district that had never given to a Congressional candidate before. 

With all of these new Republican donors on her first filing, Parlato has established herself as a firebrand with a unique ability to expand and build out the party. According to the first-time political candidate, she has only just scratched the surface.

“We still have big fundraising events ahead of us so I’m very confident we’ll have the resources to run an aggressive campaign,” she said.

Parlato, a former judge and frequent Fox News contributor, gives Republicans their most credible opportunity to elect a conservative woman to Congress.

“We’re organized, we’re funded and we have tremendous support from our community. That sets us up. I’m conservative and I live in the district. That’s what sets us apart,” noting that she is the only announced candidate who actually lives in the 27th District.

The resignation of Congressman Collins will require Governor Cuomo to call a special election to fill the vacancy. Republican leaders from the eight counties in the district must choose their party’s nominee – a process that will certainly test the GOP commitment to recruiting more women to run for office.

“I’m the only female in the race, but what I think matters more to Republican voters is that I’m the only conservative in the race,” Parlato said.

Attorneys in Odom case wrangle over jury instructions before deliberations begin

By Howard B. Owens

A jury of nine women and three men are sitting in a private room at the Genesee County Courthouse right now and debating, not just the merits of a legal case against a 19-year-old man, but what kind of future he might have in society.

Of course, jurors are instructed not to consider any potential sentence a defendant might receive, but for Antwan Odom that is what the deliberations come down to because a conviction on assault in the first degree, a Class B violent felony, carries a mandatory minimum of five years in state prison.

The Batavia High School grad and former basketball star passed up a chance, on the advice of his attorney Frank Housh, for a plea deal that could have meant no jail time and adjudication as a youthful offender.

If Odom is convicted, Judge Charles Zambito will have no choice under the law than sending him to prison for anything less than five years.

Housh expressed in court in May, when the plea deal was offered, that he thought Zambito and District Attorney Lawrence Friedman were somehow colluding against his client. It's a theory Housh reiterated today in a conversation with Odom while a reporter was sitting nearby -- which Housh knew -- and that reporter could easily hear him tell Odom, "The judge isn't going to do it because he's going to do what the DA tells him to do."

Housh made the statement while discussing with Odom that he would ask Zambito to include in jury instructions on what constituted a serious physical injury. He also said he would object to the jury being instructed on the options for conviction on lesser-included offense. That's because Housh believes that if the evidence doesn't support the indicted charge, it doesn't support either potential lesser-included offenses.

In fact, Housh made that motion and also said the lesser-included offense should not be part of the jury form because Friedman, in his closing argument, told jurors they shouldn't even consider the lesser-included offense because Odom should be found guilty on the original count of the indictment.

Housh also argued that prior legal precedent meant that Zambito should instruct the jury that Leach didn't receive a serious injury because protracted pain that is only subjectively reported is not a serious injury.

Friedman's response to the assertion that he asked the jury not to consider a lesser-included offense was that he was on the record, and the record was clear, that he did call for the lesser-included offense to be part of the jury's charge. That was done before summations so that the attorneys would know what instructions the jury would receive so they could fashion their arguments accordingly.

"Just because I asked the jury not to consider the lesser-included offenses means nothing," Friedman said. "It's common practice and there is nothing inappropriate about it. Our summations are based on rulings made prior to the summations."

Zambito agreed that Friedman was on the record seeking to include the lesser offenses.

Housh also made a motion for a mistrial based on prosecutorial misconduct because, he said, Friedman knowingly introduced into evidence a fact that was not relevant to the alleged serious physical injuries of Ray Leach. Housh said Dr. Lori Ferris testified that hand numbness reported to her by Leach was not the result of the Aug. 4, 2018 incident that led to Odom's arrest.

"He had to have known (before she took the stand)," Housh said "For a prosecutor of Mr. Friedman's high level of skill and experience not to know which injury is related to my client's prosecution is not believable. He asked Ray Leach (on the witness stand) about his hand, knowing it was unrelated (to the incident) and asked the jury to consider it as evidence."

Friedman responded, "as for the claim of prosecutorial misconduct, it's absurd. As a representative of the office of the court, I did not know that the doctor would testify that the hand injury was potentially unrelated to these crimes."

Housh reiterated his contention that for a prosecutor of Friedman's skill, expertise and experience not to know isn't believable.

"While I always appreciate compliments coming my way from Mr. Housh, I'm telling you, I did not know," Friedman said.

Zambito denied Housh's application for mistrial.

The judge and two attorneys then continued going over jury instructions.

Once they were done, the jury was brought in and Zambito read to them several pages of jury instructions about the law, the charges and how to apply the law and the evidence to the charges.

When Zambito finished, Friedman asked to approach the bench. The jurors were asked to leave the room but admonished to not start talking about the case yet.

The attorneys and Zambito conferred for a few minutes and then the attorneys returned to their tables, at which point Housh complained that Friedman did not follow proper procedure by raising an objection in front of the jury.

Friedman's concern was that Zambito neglected to include instructions on how to consider an agreement to mutual combat in a justification defense.

After much back and forth discussion, the attorneys all agreed that the jury would be brought back, Friedman would make his objection on the record, and then Zambito would read again the entire section on the justification defense, this time including information on mutual combat.

The jury started deliberations at about 11:30 and have reportedly sent out at least one note asking for a copy of the charging document and the evidence.

Top Items on Batavia's List

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