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Former aide files ethics complaint against Sen. Ranzenhofer

By Howard B. Owens

UPDATED at 1:08 p.m. with response from Sen. Ranzenhofer. UPDATED 2:15 p.m.: Response from Ranzenhofer clarified regarding cooperation with commission.

A former member of Sen. Michael Ranzenhofer's staff who claims she was fired for backing the wrong congressional candidate has sent a formal complaint to the Joint Commission on Public Ethics.

The complaint alleges that Ranzenhofer violated Public Officers Law 73, 17(c) by requiring paid legislative staff to work on political campaigns.

Michelle McCulloch, a 45-year-old Attica resident and mother of four children, was on the state payroll as an aide to Ranzenhofer until April 30.

McCulloch said she was never given a reason Ranzenhofer terminated her employment, but she believes it was because she backs rural Republican David Bellavia while Ranzenhofer is closely allied with the Erie County GOP and that county's candidate, Chris Collins.

(Previously: While Ranzenhofer claims neutrality in congressional race, petitions for Collins seem to tell a different story)

Reached earlier today, Ranzenhofer said he had not yet seen the complaint and "I find it ironic that you've seen it before I did."

He said any response he would have at this point would be the same as May 11 when he denied asking staff to do anything out of the ordinary, but said he couldn't discuss McCulloch's dismissal since it's a personnel matter.

He said he might comment further after he's had a chance to read the complaint.

The ethics complaint, McCulloch said Sunday, isn't really about her firing, though.

"Honestly, I've been asked many times if I'm crazy for going forward with this and I am afraid of retribution," McCulloch said. "I happen to know a lot of people who are in the same situation I was in and everybody is afraid to speak up.

"Constituents are supposed to be able to believe in their elected officials," McCulloch added. "It's an honor to serve constituents and when elected officials don't behave in an ethical way, it needs to be brought to public light. I hope this will inspire others to come forward and stop what is going on."

McCulloch believes Ranzenhofer's alleged violation of the public officers law is "pretty black and white."

The law reads:

No state officer or employee shall, directly or indirectly, use his or her official authority to compel or induce any other state officer or employee to make or promise to make any political contribution, whether by gift of money, service or other thing of value.

According to her complaint, which was delivered Friday to the commission and Senate Majority Leader Dean Skelos, Ranzenhofer forced staff to deliver signed petitions for the Conservative Party line to the campaign of Collins.

Collins, a businessman and former Erie County executive, is running against Iraq War veteran and Batavia resident David Bellavia for the GOP nomination in the reconfigured NY-27.

McCulloch, a lifelong resident of Attica and longtime member of the Wyoming County GOP Committee, is supporting Bellavia for the nomination.

Wyoming County is outside of Ranzenhofer's senate district.

According to McCulloch's sworn statement, some time in late March, Jon McNulty, a field representative for Ranzenhofer and an ally of Erie County GOP Chairman Nick Langworthy, informed Ranzenhofer staff members that the senator wanted each one to determine a time when they could commit to circulating petitions on behalf of the Collins campaign.

"We were to use either personal time or comp time to fulfill this obligation," said McCulloch, who added she felt no choice but to comply.

It was up to Ralph Mohr, an Erie County GOP Committee member, to determine the locations of the petition drive.

On or about April 1, Mohr arrived at Ranzenhofer's legislative office with a packet of prepared Conservative petitions and lists and maps of registered Conservative Party voters in the Town of Newstead, Village of Akron and a portion of the Town of Clarence.

Mohr allegedly told staff members that Ranzenhofer requested the petitions.

"At this time, I and another staff member indicated to Jon McNulty that we did not wish to pass petitions for Christopher Collins," McCulloch wrote. "Mr. McNulty told the staff this was a team effort and the senator expected cooperation from the full staff."

According to McCulloch, passing petitions for Collins wasn't a novel requirement. Staff was required, according to McCulloch, to volunteer for Collins during his failed bid to win reelection as Erie County executive.

The chief reason, according to sources, that taxpayer-paid legislative staff members often have notary certificates is so they can collect signatures on minor party lines. According McCulloch, McNulty directed staff members to ensure their notary qualifications were up to date.

On April 4, the Republicans in Wyoming County endorsed Bellavia, and McCulloch subsequently passed Republican petitions for Bellavia outside of Ranzenhofer's district.

On April 9, Bellavia asked McCulloch to be among the Wyoming County Republicans on his steering committee.

"I personally felt he was the best candidate in the race," McCulloch wrote.

On April 17, Bellavia announced the names of those on his steering commitee, which included McCulloch and another Ranzenhofer aide, former Genesee County Legislator Jerome Grasso.

Soon after the announcement hit the Web, the wrath of McNulty and Langworthy came down on McCulloch, according to her statement.

She described McNulty, who was in her office when he got a test message about the committee, as "visibly angered."

During the course of the day, McCulloch said, there were several conversations about Grasso and McCulloch supporting Bellavia and McNulty felt Ranzenhofer should "lay down the law" and demand that Grasso and McCulloch withdraw their support of Bellavia.

On that same day, Grasso and McCulloch met with Ranzenhofer's Chief of Staff Kathleen Donner. Donner, according to McCulloch, told the two staff members that she didn't think Ranzenhofer would have a problem with their participation in Bellavia's campaign. An hour later, she called McCulloch back into her office and said that at the direction of Ranzenhofer she was to discontinue her support of Bellavia.

At about 6 p.m., Ranzenhofer called McCulloch.

"He indicated he was very disappointed in my participation with the Bellavia Campaign Steering Committee," McCulloch wrote. "He stated his political consultant Mr. Hook had contacted him regarding this issue and that Mr. Hook was not happy, either. He also stated I was not to do anything political, at any time, without informing him. This included any actions I may take as a committeewoman with the Wyoming County Republican Committee."

McCulloch was an elected member of the committee.

On April 26, Bellavia contacted McCulloch and informed her he would be attending a fundraiser hosted by Wyoming County Republicans and asked if McCulloch and her husband could provide some introductions to local GOP members. She said she introduced Bellavia to no more than eight people.

The next day, believing she was following Ranzenhofer's instructions, she emailed the senator and informed him of her political activity.

On April 30, McCulloch was summoned to Donner's office. 

"She was visibly upset," McCulloch wrote. "She said this was the hardest thing she has had to do and then she informed me the senator was no longer in need of my services effective immediately."

It was a tough decision, McCulloch said in last night's interview, to go forward with the ethics complaint, but she's received a tremendous amount of support from fellow GLOW Republicans.

"When I did my own thing and in my own county, that’s when I was chastised, McCulloch said. "If they can do that to me, who else can they do it to, and who might be afraid to speak out?"

GLOW Republicans, McCulloch believes, are getting fed up with the Eric County GOP trying to dictate politics in rural communities, and she hopes that if her ethics complaint is upheld by the commission, it will send a message about the end of power politics locally.

"I went back to school in 2001 and graduated in 2006 because I believe we need a voice out here as much as any community, maybe more," McCulloch said. "We are good, hard-working people in Wyoming and Genesee counties. We shouldn't be beholden to Erie County."

The complaint against Ranzenhofer is the second big case sent to the new joint ethics commission, which was formed by Gov. Andrew Cuomo about six months ago.

The other case, a complaint against the second most powerful man in the Senate, Sen. Thomas Libous, has created some controversy for the commission because of an alleged leak about the status of the case.

The commission, charged with fostering a more transparent government,  operates in secret and leaks of its proceedings are criminal acts.

Ellen Biben, the commission's executive director, has the power to open a preliminary investigation on her own, but a full investigation requires the support of eight of the 12 commissioners, including at least one of the three Republican senators on the commission.

The commission has 45 days to decide whether to proceed.

If there is an investigation, McCulloch, Grasso, McNulty and other staff members would likely be asked to provide sworn testimony.

Ranzhenhofer can choose to be represented by an attorney. He said today that he would cooperate completely with the commission if there is an investigation.

The commission will not publicly disclose whether an investigation is taking place and only its findings would be made public. If the commission finds against Ranzenhofer, any potential sanctions are the purview of a legislative committee.

Ranzenhofer is facing a reelection challenge from Democrat Justin Rooney.

Meanwhile, according to sources, Ranzenhofer, who has publicly proclaimed neutrality in the race between Collins and Bellavia, appeared at two events that Collins also attend in Genesee County on Friday -- a fundraiser for Genesee Cancer Assistance at Batavia Downs and a Rotary Club function in Le Roy. Grasso typically is with Ranzenhofer at any appearance he makes in Genesee County. Grasso, who remains on the Bellavia steering committee, has not returned a call seeking comment and clarification.

Today, Ranzenhofer said any attempt to tie his appearance at these events with Collins was "one of the most ridiculous things I've heard."

"I'm an elected official," Ranzenhofer said. "I got invited to the cancer event by Joe Gerace and the event in Le Roy was at Grasso's Rotary Club. The events were on my schedule. I have no control over who else shows up at these events."

Man in black hat, trench coat poses as police detective to try and gain entry to Batavia house

By Howard B. Owens

A Southside resident says a suspicious character came to his back door at 1:30 in the morning Saturday and claimed to be a detective investigating a report of a robbery at that address.

The resident, home alone watching TV, said the man was wearing a black hat, trench coat and carrying a cheap flashlight.

The resident called police and multiple units responded to the area but did not locate the suspect.

Det. Todd Crossett said the man did the right thing in calling 9-1-1.

"If we show up, we're going to be carrying identification and we don't wear hats," Crossett said. "We don't wear trench coats. When somebody shows up at your house at 1:30 in the morning, use extreme caution."

Crossett said when you get unexpected visitors in the middle of the night and you don't recognize them, can't see them, or don't see a car outside that your recognize, it's best not to open the door and to call emergency dispatch.

"Absolutely, give us a call," Crossett said. "We'll check it out. If it's a legitimate person who is trying to get ahold of you, well, then, OK, but absolutely give us a call."

The potential victim said the man told him, "I'm here to investigate a burglary. You need to let me in."

When the resident told the man he was calling 9-1-1, the man responded, "I am 9-1-1."

Kansas man convicted of enticing local girl to send him sexually explicit photos

By Howard B. Owens

A Wichita, Kan., resident was convicted Friday in federal court of one count of enticing a teenage girl to send him sexually explicit photos of herself.

The teen was from Batavia and Det. Todd Crossett and Office Jay Andrews helped bring the man to justice.

"He was definitely a sexual predator," said Crossett, who, along with Andrews, was in Wichita last week to testify at the trial. "He had a past history of doing this sort of thing and he does it again soon after he gets out of prison. That indicates the kind of person he is."

The man, Shane M. McClelland, 26, faces a mandatory minimum sentence of 25 years in federal prison, and perhaps a life sentence.

The 14-year-old girl from Batavia testified at the trial and identified McClelland as the man she had seen in Web cam pictures.

According to prosecutors, McClelland over the course of days, pressured and persuaded the girl to email him nude photos.

Crossett testified about the chain of evidence and his exchange of text messages with McClelland while posing as the 14-year-old girl.

The case, Crossett said, that in this day-and-age, sexual predators are always close by.

"This is an example of what can happen if kids and parents aren't careful," Crossett said.

Notre Dame girls advance in state tourny, while Batavia and ND baseball teams lose sectional games

By Howard B. Owens

Behind the four-hit performances of Laurie Call and Kendra Wall, the Notre Dame Girls Softball Team powered its way to an 11-1 win over DeSales in the quarter final game of the state Class D tournament.

The Fighting Irish, hungry for a state championship, will face Forestville at Monroe Community Colleg on Tuesday. Game time is 5 p.m.

The Notre Dame baseball team didn't fair as well, dropping a Class DD sectional title game to Arkport, 3-2, on Saturday.

Meanwhile, the Batavia Blue Devils took a swing at a third-straight attempt to win a Class A Section V title, but dropped the Saturday game (a make-up for a rainout on Friday) to Honeoye Falls-Lima, 7-1.

Lift for coaster ride on fire at Darien Lake, no riders onboard

By Billie Owens

The lift mechanism for the Skycoaster ride is on fire at Darien Lake Theme Park, but no one is aboard the ride. Darien Fire Department is responding. The park is located at 9993 Alleghany Road in Darien Center.

UPDATE 5:25 p.m.: A responder on scene says there is no fire. Darien is back in service. On the Skycoaster, according to the theme park's Web site "Riders control their own fate by pulling the rip cord and initiating a 180-foot power flight above the park. Experience weightlessness, and speeds of more than 60 mph."

Photos: CASA volunteers walk through Downtown Batavia

By Howard B. Owens

Volunteers for CASA (Court Appointed Special Advocates) walked down Main and Ellicott streets today as both a fundraiser and a chance to raise awareness about the agency's programs.

CASA provides services to children caught up in Family Court situations.

Director Ashley Hausfelder organized the event, which was sponsored by Brockport Wegmans, Target, Lucky Ducky Daycare, Floral Fantasies, Five Start Bank, Batavia Signs, Pembroke Family Medicine, T-Shirts Etc., Darien Lake Theme Park and Coffee Culture.

Wires down and arcing on East Bethany Le Roy Road

By Howard B. Owens

Wires are reportedly down and arcing in the area of 6506 East Bethany Le Roy Road, Stafford.

Stafford Fire Department is responding.

National Grid has been notified.

UPDATE 1:24 p.m.: Stafford back in service. National Grid to handle.


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Photos: Johnny Bananas at City Slickers

By Howard B. Owens

MTV reality show star Johnny Bananas dropped into City Slickers in Downtown Batavia tonight. Bananas made the appearance to help support the new restaurant's opening week. The star of shows such as "Real World" signed autographs and posed for pictures with fans.

Owner Ken Mistler said a big crowd showed up during the piano bar portion of the evening for the restaurant and bar's first Saturday night, even though there was a two-hour power outage downtown.

One person flown to ECMC following mid-morning accident on Route 77, Pembroke

By Howard B. Owens

Three people were injured in a two-car accident on Route 77 at 10:20 a.m. after one driver allegedly made an illegal left turn.

Flown by Mercy Flight to Erie County Medical Center was Henrietta E. Feldman, 85, of Lawrence Avenue, Corfu.

Feldman was also cited for the alleged illegal turn.

According to the investigation by Deputy Brian Thompson, Feldman was northbound on Route 77 near Cohocton Road, Pembroke, when she executed a left-hand turn at 9114 Alleghany Road.

The other driver, John E. Bailey, 48, of Farrell Extension, Henrietta, had no time to react, witnesses told Thompson.

The roadways were covered with heavy rain at the time of the accident, according to Thompson's report.

Also injured where two of Bailey's passengers. They are Meghan L. Morehouse, 24, and Alberta E. Male, 86, who was reportedly in shock when transported by Mercy EMS to Strong Memorial Hospital.

Linda M. Bailey, 47, also a passenger in John Bailey's vehicle, was not injured.

Feldman's 1999 Chevy sedan left the roadway and overturned after being struck by Bailey's 2011 Toyota sedan. Bailey's vehicle skidded and turned, coming to rest pointing north in the southbound lane.

Crash at routes 19 and 33, Bergen

By Billie Owens

A two-car accident is reported at the intersection of routes 19 and 33. One person is believed to be injured and the accident is not blocking. Bergen Fire Department and Mercy EMS are responding.

UPDATE 4:11 p.m.: A responder on scene reports there are two people injured. One is complaining of head pain and the other has general pain. A second ambulance is dispatched.

UPDATE 4:34 p.m.: One patient is being transported to Strong Memorial Hospital.

UPDATE 4:39 p.m.: The second patient is being taken to UMMC.

UPDATE 4:45 p.m.: Bergen fire is back in service.

Photos: Alexander students witness fatal DWI accident drill

By Howard B. Owens

It was the turn of Alexander High School students this morning to see firsthand what happens at a serious motor-vehicle accident as part of the annual effort by Genesee County's volunteer fire departments to education young people about the dangers of drinking and driving and texting and driving.

Today's scenario involved a student who was pinned under a vehicle that had rolled over and suffered what's known as a compartmental injury. The fictional victim's injuries were such that once the weight of the car was removed from her body, she died. The pressure from the car prevented her from bleeding out and kept her internal organs in place. This scenario allowed time, fictionally, for the victim's parents to arrive at the scene for their final goodbyes.

Another fictional victim was seriously injured and airlifted by Mercy Flight. The fictional driver of one of the cars was given a field sobriety test and arrested.

Alexander fire staged the event with the help of Darien fire, Mercy EMS, Mercy Flight, the Sheriff's Office, State Police and the school's SADD group.

Some of these photographs are pretty emotional. It's worth emphasizing, this was a drill. Nobody was hurt and nobody died.

To find out more about becoming a volunteer firefighter or medic, visit Ready Genesee.

If you have trouble viewing the slide show below, click here.

Local business owner accused of impersonating cop to keep potential competitor out of town

By Howard B. Owens

A local business owner has been charged with two Class A misdemeanors after allegedly making a phone call to a property owner on Ellicott Street and impersonating a law enforcement officer in an attempt to intimidate her from renting the property to a potential competitor.

Jason Lang, 28, is charged with criminal personation, 2nd, and aggravated harassment, 2nd.

Sgt. Ron Lobur said Lang turned himself in to State Police, was cooperative and was released on an appearance ticket.

According to Lobur, Lang allegedly called a property owner and left a phone message saying he was a State Police "detective" and warned her that a business she may be renting to has a reputation for selling synthetic marijuana and bath salts.  He allegedly warned her that she might not want to rent to this business.

Lobur noted that the State Police do not employ detectives. Rather, their detective work is done by investigators.

Lang, a Liberty Street resident, owns The Laughing Buddha on Ellicott Street and has admitted in the past to selling synthetic marijuana.

Man allegedly fires gun inside residence in Darien

By Howard B. Owens

Deputies responded Thursday to a report in Darien of gunshots being fired in a residence and found that a man there had allegedly caused $1,500 in damage to the house.

David William Wiepert, 54, of Darien, is accused of threatening another person and damaging personal property.

He is charged with coercion, 1st, a felony, and a felony count of criminal mischief.

The case was investigated by Deputy Patrick Reeves and Sgt. Greg Walker.

Wiepert was arraigned in Darien Town Court and jailed on $20,000 bail.

Photos: DWI accident demonstration at Oakfield-Alabama

By Howard B. Owens

The Oakfield Fire Department, along with Alabama fire, Mercy EMS and the Sheriff's Office staged a DWI fatal accident at Oakfield-Alabama Central School on Thursday night to demonstrate for students what happens at a serious motor-vehicle accident scene. The demonstration went along with a message about the dangers of drinking and driving and texting while driving. The State Police also provided a demonstration on what happens in a rollover accident to people who aren't wearing a seat belt.

Students participating in the drill as accident victims: Beth Johnson-Walsh, Arielle Thompson, Casey McVay and Jaden Ohlson.

If you are unable to view the slide show below, click here.

Michigan resident accused of dealing crack in Batavia

By Howard B. Owens

A 33-year-old resident of Flint, Mich., is being accused of dealing crack cocaine in Batavia.

John "Solo" Sumlin III, was stopped today by members of the Local Drug Enforcement Task Force as he was riding a bike on Porter Avenue.

Sumlin's arrest is the result of a month-long investigation that included undercover agents allegedly purchasing crack on two occasions.

During the course of the investigation, task force members identified Sumlin as an individual wanted in Michigan on a possible parole violation.

When Sumlin was stopped today, he allegedly gave investigators a false name in an attempt to conceal his warrant from local law enforcement.

Following arraignment in Batavia City Court, Sumlin was jailed without bail.

Oakfield-Alabama names new school superintendent

By Howard B. Owens

Press release:

The Board of Education is proud to announce our unanimous selection of
Mr. Mark Alexander as the next superintendent of the Oakfield-Alabama Central School District. Mark began his career as a third-grade teacher at the Churchville-Chili Central School District before joining the faculty at Oakfield-Alabama in 2000. He was promoted to the position of elementary principal in 2008.

Mark has also served as an adjunct instructor at Genesee Community College where he was awarded the prestigious National Institute of Staff Development and Organizational Development Award for Excellence in Teaching and Leadership.

Mark earned degrees in mathematics education and curriculum specialization at the College at Brockport before pursuing his certification in school leadership through the Massachusetts College of Liberal Arts. 

Mark has served in many leadership positions while a member of the Oakfield-Alabama team, including: chair of the Safety, Health and Wellness Committee; Anti-Bullying Committee member; past chair of the District Advancement Team; past chair of the Career Day Committee; and past president, treasurer, and Negotiations Team member of the Oakfield-Alabama Teachers’ Association.

Most importantly, Mark is an educational leader who has a demonstrated record of commitment to the children of this community, their families, support staff members, teachers, administrators and the broader school community. He is a leader of great character, passion and intelligence.

The board would also like to take this opportunity to express our community’s gratitude to Chris Todd for his outstanding leadership over the past five years. We wish Chris and his family well as he begins his new position as district superintendent of Oswego County BOCES on June 1. We also would like to welcome Mr. Ed Orman, our interim superintendent, who will stay on board with Oakfield-Alabama through our transition in leadership.

Mr. Alexander is a uniquely talented educational leader who will be leading a wonderful school system. He attended and graduated from Oakfield-Alabama and has deep roots in our community. The board looks forward to welcoming Mark and his family with great anticipation and enthusiasm.

Please join us in welcoming Mark on Tuesday, June 12 for a light refreshment reception, from 3 to 5 p.m. in the Middle-High School Community Room.

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