A 39-year-old Lockport man confirmed in County Court on Tuesday that he wants to be tried on a murder charge rather than take a plea offer.
Edward Dunn initially turned down a plea offer in December. It would have capped his prison term to 15 years to life. His appearance on Tuesday before Judge Melissa Lightcap Cianfrini was his last chance to accept the plea offer. If convicted of murder at trial, he faces a potential term of 25 years to life on that count alone. With additional charges under New York law, he could be potentially sentenced to 50 years to life.
Dunn is accused of killing Michael Poole, of Olcott, and then hiding his body in the trunk of a car that was abandoned in the town of Alabama in March.
Also charged in the murder is Kathryn A. Henry, 33, from Lockport, who was arrested on April 19 and charged with murder in the second degree. She was accused at the time of conspiring with Dunn to kill Poole and hide his body.Correction: Henry entered guilty pleas on Aug. 22 to charges of hindering prosecution, a Class D felony, and concealment of a human corpse, a Class E felony. She is no longer facing a murder charge as previously reported.
Norman S. DuBois, 45, of Lockport, is charged with hindering prosecution in the first degree, tampering with physical evidence, concealment of a human corpse and conspiracy.
Dunn's trial is scheduled to start with jury selection on March 2.
Besides the Class A-1 felony of murder, he is also charged with assault in the second degree, a Class B felony; concealment of a human corpse, a Class E felony; and tampering with physical evidence, a Class E felony.
Notre Dame knocked off the defending champs in the first game of the Batavia Rotary Club Girls Basketball Tournament at GCC on Tuesday.
The Irish (6-2) topped Cal-Mum 54-46.
ND is riding a three-game win streak going into the final on Thursday against Elba.
After trailing 15-0 in the first quarter, the Irish rallied to take the lead in the fourth quarter.
Sofia Falleti led the Irish with a team-high 19 points and five rebounds. Lucia Fiorentino had 10 points and eight rebounds. Also contributing were Shirley Thompson with nine points, Clairissa Milliman with six points, Gianna Falleti and Emma Fitch with four each.
“What a comeback! From being down by 15, we had to get in our rhythm and fight back point by point," said Coach Vinny Falleti. "Our defense was key tonight against a talented, veteran Cal-Mum team, which is very well coached. We have such a young team with no seniors, and our objective is always to compete. Amazing effort. I am so proud of our Lady Irish."
Batavia Downs Gaming & Hotel has announced its event lineup for the first 3 months of 2025.
ABBAMANIA returns to Batavia Downs on Friday, February 7. Doors are at 6:30 p.m., with the show starting at 7 p.m. ABBAMANIA will take you back in time to when ABBA was on stage, live in concert. ABBAMANIA performs 22 songs of ABBA in their two-set show with costume changes, choreography, comedy, and a great concert sound. Tickets start at $15, and guests get $10 back in Free Play. Tickets are available now on BataviaConcerts.com.
The first ever Batavia Downs Meat Raffle to benefit Roswell Park will take place at Batavia Downs on Saturday, February 8. Doors open at 6 p.m. with the first spin at 7 p.m. Tickets are $25 each and attendees receive complimentary draft beer, soda and water along with $15 in Free Play. Roswell Park Comprehensive Cancer Center will receive 100% of the proceeds from the tickets and raffles. Penny auctions for baskets and merchandise will also take place.
The 6th Annual Batavia Brew Fest, presented by Genesee Brewery and Rohrbach Brewing Company is back on Saturday, February 15 from 4:30 to 7 p.m. For $30, attendees receive 2 and half hours of beer sampling from many WNY breweries. Early bird tickets available until January 29 for just $25. Light snacks will be served and attendees will receive a commemorative plastic sampling mug along with $15 in Free Play. Hotel packages that include tickets are available as well.
Returning again after several years of sold out shows is Music of the Stars on Saturday, March 22. Doors are at 6:30 p.m. with the show starting at 7:30 p.m. The high-energy seven-piece band pays tribute to internationally famous artists, including Tom Jones, The Bee Gees, Neil Diamond, Frankie Valli and the Four Seasons, Gary Puckett, Elvis, The Beatles and many more. Tickets start at $15 and guests get $10 back in Free Play. Tickets are available now on BataviaConcerts.com. Hotel packages that include tickets are available as well.
On Sunday, March 23, the Record Riots Vendor Show, a vinyl record and music memorabilia event will run inside of the Park Place Events Center 10 a.m. to 5 p.m. With 40 dealer tables and more than 10,000 LPs in the room, attendees will be sure to have a great time browsing a wide variety of music while connecting with fellow music lovers. Details can be found online at: https://www.recordriots.com/. $15 Early Admission Tickets or regular $5 admission tickets can be purchased at the door. Each ticket comes with $5 in Free Play for the gaming floor.
“We are looking forward to supporting Roswell Park for this Meat Raffle fundraiser, “said Byron Brown, President & CEO for Batavia Downs Gaming & Hotel. “It’s something we’ve never done before, but we’re now looking to expand our offerings and try new things to go along with our guest’s favorite existing events.”
Tickets are available now on BataviaConcerts.com and the Lucky Treasures Gift Shop located in the lobby of the main entrance of Batavia Downs. Hotel Specials for select events are available on the Hotel Deals tab on BataviaDownsGaming.com.
Other events scheduled for the 1st Quarter of 2025 at Batavia Downs include the return of live racing Mondays and Thursdays through February, The Experience Psychic Fair January 17 through 19 and the Legends & Stars Sports Expo on the February 22 and 23. Batavia’s Thursday Concert Series tickets are already on sale. Information on all events can be found in the coming weeks on the Batavia Downs Facebook page.
The Town of Alexander Republican Committee is seeking Republican candidates for the following positions that will be placed on the ballot for the November 4th, 2025 General Election.
Town Council (2) four-year term
Town Clerk - four-year term
Republican Committee member, District #1 (west of Route 98)
If interested, please send a letter of intent by January 26 to Chairwoman Barbara Eddy, 11054 Alexander Rd., Attica OR contact by phone at 585-507-9930.
The Holland Land Office Museum is proud to announce the winners of the People’s Choice and Director’s Choice awards for the 24th Annual Wonderland of Trees decorated trees.
The winner of the People’s Choice Award is the Friends of the Batavia Peace Garden, and the winner of the Staff Choice Award is the City of Batavia.
We would like to congratulate our winners and thank everyone who participated this year. This year’s Wonderland of Trees was one of the most successful in its history.
We had more trees this year than in recent years and they were all so beautifully done that the choices were very difficult. Also, thank you to everyone who donated towards the event, and all who came to see the wonderfully decorated trees.
Genesee County will have spent upwards of a million dollars on competency-related services for questionable individuals sent to court, Mental Health Services Director Lynda Battaglia says.
Battaglia requested $166,000 during Monday’s Human Services meeting for an additional 730 competency invoices, explaining to county legislators that “I will be coming back to ask for additional funding, but this is what we’re going to pay so far.”
“We’re waiting for some invoices to come in from (the Office of Mental Health) and (Office for People With Developmental Disabilities). When those invoices come in, we will have spent about $775,000 in 2024 on these services,” she said as some legislators seemed sticker-shocked. “So this is 100% county cost. The individual is not competent to stand trial. Therefore, they’re designated to a psychiatric facility in order for competency to be restored because that’s their due process, right?”
A person who is charged with anything from petit larceny up to more serious felony crimes such as assault and who may be incompetent and therefore unable to stand trial is afforded due process, she explained. Defendants have a right to understand the charges being brought against them and to be able to aid in their own defense for the legal process to proceed.
“So if our psychologists deem them incompetent, then they’re designated to a bed, and they have to get restored to competency, depending on the length of that time and the changes, they will come back once they’re restored and go have their trial and their hearing,” she said.
Legislator John Deleo asked if all of these people were from Genesee County or from other counties, and others asked how many actually go through this process. Each county is going through a similar situation and expense, Battaglia said, and these people belong to Genesee.
“For 2024, we probably have had about eight to 10 individuals. Sometimes we run the risk that it’s the same individual a couple of times throughout the year,” Battaglia said. “Those are individuals who pay their time, go back out into the community, get rearrested, and don’t link with services. So it’s not a huge number of individuals; it’s the cost that is the significant number. It’s about $1,300 or $1,400 per day per person. The average length of stay in a (mental restoration) facility is about 90 days. But this is on NYSAC’s (the NYS Association of Counties) radar, and this is on the conference’s radar, and they’re always trying to push legislation to make changes.”
Legislative Chair Shelley Stein asked her to explain the full process of how someone enters the system and is not only diverted for a mental health evaluation once but that it can be a repetitive cycle.
For example, a person is arrested, goes before a judge, and is released on his own recognizance but has to return. If the attorney or anybody determines that the person is experiencing symptoms of mental illness and doesn’t understand the process, the judge can be asked to order a 730 competency evaluation.
“It’s the judge's decision. The judges will usually order that evaluation, and the judge is ordering me to find two psychologists to evaluate an individual. So through the clinic, we schedule this individual, let's say, for two competency evaluations by two different psychologists, and then they will make the determination as to whether or not they're competent to stand trial or not,” Battaglia said.
A report is returned to the judge when a defendant is found incompetent. The judge decides whether he or she agrees with the evaluation. Therefore, it is not a decision of the Mental Health Department; it is a criminal justice system decision, she said.
If the judge agrees with the report that the person is not competent, then he will be designated to a facility for restoration services and may go back to the jail and wait for a bed to be designated, she said. When a bed is designated, her office is notified, and the jail transports the person. During that time in the facility, a treatment team does “whatever they need to do in order to try to restore competency.”
“Oftentimes, that might be medication over objection, that might be going through some mock trials to see if they understand the charges. Once restoration is restored, they go back,” she said. “Sometimes their charges may be dropped if they're lower misdemeanor charges because of the lot of time that they've spent in the jail and facility, they might just say, Okay, your time's kind of been served. If they're felony charges, they're going to come back to the jail and stand trial."
Others could be ordered to serve a few months in jail, and once released, they're back in the community and may commit another crime. That could mean another 730 proceeding is ordered.
"When you think about an individual who has developmental disabilities, if somebody has a cognitive developmental disability, the restoration for that is, I hate to say it, but it's nothing," she said. "We can't restore that cognitive functioning. So they come back in the community, try to wrap services around them, work with service providers. But ultimately, that person has autonomy, and they can decide whether or not they want those services. They might not want them, and therefore the cycle continues.”
Those who are restored go on to face a trial, and some may end up going to state prison, returning to the community, and/or obtaining additional legal services. It’s “very, very individualized,” she said, depending on the crime.
The Human Services Committee agreed to pass along the resolution for approval to transfer an amount of $166,000 to cover the expense of competency restorations for individuals found unable to assist in their defense at a court hearing in the year 2024.
Andrea Kuehn and her painting "Stop and Smell the Flowers," the People's Choice winner. Photo by Howard Owens.
A winter chill on Tuesday didn't stop the Batavia Society of Artists in its third attempt to hold the opening reception for its annual winter show at Richmond Memorial Library.
Snow storms forced the society to cancel its previously scheduled reception, the first one scheduled a month ago.
Andrea Kuehn, who entered three paintings, won the People's Choice Award, the only award handed out at this show, for her painting, "Stop and Smell the Flowers."
Sydney Reily, Elba, Sophia Falleti, Notre Dame, Jaimin Macdonald, Batavia, and Hazel Nickerson (the returning MVP from 2024), Cal-Mum. Photo by Howard Owens
One of the real values of the Rotary Basketball Tournament, said Notre Dame Coach Vinny Falleti, is that it focuses attention of female athletes.
"In my opinion, girls' sports in this area don't get as much of a run as boys', and I think that they should," Falleti said on Tuesday during Rotary's luncheon at the ARC Center on Woodrow Road. "There's a lot of great women athletes out there and girls who are really good representatives of what you want to be as you get older. And I think that's a big part of this tournament. It's really shining a light on a lot of young ladies who really do it the right way. And that goes for every school that's involved."
Tip-off for the first game is tonight (Tuesday) at 6:30 p.m. with Notre Dame against defending champs Cal-Mum.
The second first-round game is at 7:45, Batavia vs. Elba.
Elba is making its first tournament appearance in 30 years.
The championship game is at 7:45 p.m. on Thursday. The consolation game on Thursday starts at 6:30 p.m.
Two workers for Casella Waste Systems, Inc. were struck by a vehicle Tuesday morning on Ellicott Avenue in the city of Batavia and taken to Strong Memorial Hospital with serious but non life-threatening injuries, Batavia Police said in a press release.
At approximately 7:16 a.m., the Genesee County Emergency Dispatch Center received a call for a report of a car vs. pedestrian accident in the area of 40 Ellicott Ave. Patrols arrived within minutes to find a passenger vehicle had struck a garbage truck and two workers that were outside of the truck at the time.
The individuals that were struck are identified as Scott Shea, 33, and Michael Cowham, 39, both employees of Casella. Officers, an off-duty City of Batavia fireman and bystanders provided aid to the injured until Mercy EMS and City of Batavia Fire Department arrived, the release stated.
Mercy EMS transported both Casella employees to the Rochester hospital, and the driver of the passenger vehicle, identified as Kimberly Przybysz, 38, of Batavia, was taken to United Memorial Medical Center in Batavia as a precautionary measure.
Initial investigation shows that the Casella employees were stationary outside of the garbage truck, which was parked alongside the westside of Ellicott Avenue, for a normal pick-up. The operator of the passenger vehicle was northbound on Ellicott Avenue, crossed the street and drove into the side of the garbage truck, striking the truck and both employees.
Initial investigation reveals the driver of the passenger vehicle may have suffered a medical event, and therefore momentarily lost control of the vehicle. The operator of the passenger vehicle was issued a traffic ticket for failure to keep right, the release stated.
Anyone with information regarding the accident is asked to contact Officer Wesley Rissinger at 585-345-6350.
The Genesee County Democratic Committee (GCDC) actively seeks individuals who want to serve their community. We invite those interested in running for office, becoming an election inspector, joining the Democratic Committee, or simply learning more about the Democratic Party in Genesee County to connect with us. We are here to provide support and guidance.
Anyone can run for office — and we are committed to showing you how. All it takes is a dedication to service and a willingness to work hard. Whether your passion lies in lowering taxes, protecting the environment, or shaping the future, we want to hear from you.
The GCDC is currently seeking candidates for the following positions: - Genesee County District Attorney - Genesee County Legislature Districts: - District 1: Alabama and Oakfield - District 3: Pembroke and Darien - District 5: LeRoy - District 7: City of Batavia Wards 1 & 6 - District 9: City of Batavia Wards 4 & 5 - City of Batavia – 3 At-Large council seats - Town of Alabama – 2 Council seats - Town of Alexander – 2 Council Seats, Town Clerk - Town of Batavia – Supervisor, Clerk, 1 Justice, 2 Council seats, Highway Superintendent - Town of Bergen – Supervisor, 2 Council seats - Town of Bethany – 2 Justices, 2 Council seats - Town of Byron – Supervisor, Clerk, 2 Council seats, Highway Superintendent - Town of Darien – Clerk, 2 Council seats - Town of Elba – Supervisor, 2 Council seats - Town of Le Roy – 1 Justice, 2 Council seats - Town of Pavilion – 2 Council seats - Town of Pembroke – 1 Town Justice, 2 Council seats - Town of Stafford – Clerk, 2 Council seats, Highway Superintendent
Make a Difference in Your Community.
For more information, please visit our website at geneseenydemocrats.org or contact us via email at geneseenydemocrats@gmail.com.
Sub-freezing temps, a slight breeze, and a dusting of snow seemed to somehow add to the live racing ambience at Batavia Downs as the track opened on Monday for its third consecutive winter racing season.
Winter racing has its disadvantages and advantages, Don Hoover, director of live racing at Batavia Downs, told The Batavian prior to Monday's first post time at 3 p.m.
The obvious disadvantage is adverse weather.
"It has its own challenges because from time to time, you're on edge, whether you're going to have to cancel the races or not, depending on weather, and that's something that you need to do in a timely manner to avert having many of the people ship in and be caught in bad weather," Hoover said.
On the plus side, racing fans around the country have few other options if they want to play the ponies remotely.
"We have lost much less competition in the simulcast area," Hoover said. "Today, for example, only three or four tracks are racing nationwide, and that will afford us, hopefully, a very, very substantial handle. Last year, we went over half a million dollars three times, which was unheard of in the era since OTB has owned the racetrack."
While the winter racing crowd is small at the track — and cozy in the warm clubhouse with food and beverages available — winter racing, Hoover said, has helped lift the profile of Batavia Downs for race fans across the country.
Hoover said there is also an advantage to winter racing for the horsemen.
"Because it's a Western New York circuit where typically they race in Buffalo and Batavia, but with Buffalo being much closer to the lake than we are, Buffalo opted not to race in January and February a couple of years back," Hoover said. "In an agreement with the horsemen, we were able to pick up those dates. It keeps them where there's one month off out of 12. It keeps them from shipping to continue to ply their trade."
This year marks the 85th year since harness racing started at Batavia Downs, but since some seasons were missed over the decades, Hoover estimates its actually the 79th year of live racing at the track.
"As everyone's well aware, there have been many, many changes in the landscape of racing over the last 50 years," Hoover said. "We don't get as many on-track customers as we used to because of the availability of wagering from the comfort of your home, your phone, and even your car. There's also been a proliferation of casino gambling in the state, so the picture is different. But the good thing about it is that we still have racing purses that are such that people can make a good living."
There is still clearly an interest in live racing, which the total handle live racing generates proves, Hoover said.
"The one thing that we would like to see happen, and we hope it can happen, is to raise the on-track handle and the on-track attendance here at Batavia Downs," Hoover said. "They (the Western Regional OTB board) put money into racing. They renovated the clubhouse recently. Many tracks in the state don't even have an open clubhouse. So we try to draw people here, and that's one of our goals."
UPDATE: Don Hoover reports that the opening day of the 15-day winter meet was a success. He states, "As compared to last year’s opening day we showed an increase in both live and total handle. The live handle was $7,330 yesterday as compared to $6,803 last year ( a 7.7% increase), and the total handle was $465,558 as compared to $390,922 ( a 19% increase) and was the 4th highest handle since WROTB acquired Batavia Downs."
Eleanor Davis, a native of Long Island who has lived in Batavia the last five years, celebrates her 106th birthday Monday at Premier Genesee. Photo by Joanne Beck
Considering that Eleanor Davis was celebrating her 38,690th day of life on Monday, she was taking it rather casually.
When asked how it felt to turn 106, she dryly responded, "The same as 105, just a different day,” during her birthday party at Premier Genesee in Batavia. “I had nothing to do with it.”
Actually, according to a family member and therapist, that may not be quite true. The Long Island native who grew up and lived in the same house for 75 years, eventually moving to Manor House in Batavia when she was 100, had a daily regimen that seemed to work for her.
“A couple of cocktails, dry martinis,” daughter Patricia Davis of Albion said. “Her sister is 15 years younger and is in worse shape than she’s in.”
Teressa Monroe, who has asked Eleanor her secret for longevity while working with her as speech therapist, said there has been a definite answer.
“Chocolate, vodka, and thinking young,” Monroe said, giving the sweet stuff its due. “My grandma ate a pound a week, so I buy into the chocolate.”
Fellow Premier residents gathered together for a round of “Happy Birthday” and a piece of cake to help Eleanor celebrate her big day. There are “quite a few in the upper 90s,” and staff just threw a party for another resident who turned 104 a couple of weeks ago, Hawley said.
As for her steadfastness, Eleanor has not subscribed to the traditional physical recommendations of regular walking, her daughter said, and she does miss the salt water of her homeland so she wasn’t as much a landlubber.
Eleanor does have hearing and vision issues, but, as Activity Director Julie Hawley put it, “she’s still full of it.” Eleanor was honored as Resident of the Month at Premier when she was all of 105, which meant being recognized in the monthly newsletter.
She provided tidbits of information, including her favorite foods of tiramisu and chocolate ice cream; her favorite animal of a cat; the best day of her life was getting married; giving advice to the next generation to “go with the flow;” and three words to describe her: easygoing, smart and compassionate.
When asked at the party about her secret for long life, she spiced up her usual answer.
“A Bloody Mary every night,” she said.
Eleanor enjoys some cake as Speech Therapist Teressa Monroe helps out. Photo by Joanne Beck
Birthday girl Eleanor Davis gives a smile to Activity Director Julie Hawley as she snaps a quick photo during the 106th birthday party. Photo by Joanne Beck
Eleanor Davis and her speech therapist, Teressa Monroe, blow out the candles. Photo by Joanne Beck
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Congresswoman Claudia Tenney (NY-24) was sworn in as a Member of the United States House of Representatives by the Speaker of the House, Mike Johnson.
"It is an honor and a privilege to be elected to serve the constituents of the newly formed New York District 24. I will continue to be a transparent and aggressive advocate on behalf of all of my constituents. Our team is deeply committed to delivering outstanding results for NY-24, by implementing innovative and common-sense solutions to the issues facing our communities. Our team will continue to provide top-tier constituent services. House Republicans are eager to begin implementing President Trump’s agenda by making America secure and prosperous again. We are eager to hear from you and ensure that your views are represented in Washington. Thank you for the opportunity to serve you. I am committed to upholding our Constitutional principles and delivering meaningful results for our nation and especially New York," said Congresswoman Tenney.
Redistricting in 2024 has eliminated parts of Cayuga and Ontario Counties and added parts of Steuben and Schuyler Counties to NY-24. As a result, Rep. Tenney’s district office in Victor is no longer within NY-24. To better serve the Finger Lakes Region, Rep. Tenney is opening a new district office in Ontario County. For more information about who will represent you in Congress starting January 3, visit www.house.gov/representatives/find-your-representative.
Rep Tenney’s Office Locations for the 119th Congress:
Washington, DC Office
2230 Rayburn House Office Building, Washington DC 20515
President Sean McPhee earns the Firefighter of the year award
On Saturday, members of the Alexander Volunteer Fire Department honored its own and installed its 2024 officers at the department's annual dinner, held this year at Attica's 10th Hole.
Photos by Philip Casper.
Regan McPhee, who attended 150 calls in 2024, earns the EMS Provider Award
Deputy Chief Nate Fix earns the Top Responder Award for responding to 168 calls.
Safety Officer Bernie Fix earned the President's Award.
Installation of Officers for 2025
Parade Captain John Meier presented with an award for dedicating 40 years of service.
Assemblyman Steve Hawley, center, and Legislator Gregg Torrey, right, present Bernie Fix with a citation in honor of his 50 years of service with the Fire Department.
Bernie Fix's previous fire departments, Milgrove and Corfu, present him with achievement awards for his dedicated service.
Donna Rhodes thanks all of those who assisted the ladies auxiliary.
Memorial for Alexander Fire Department members who passed away in 2024.
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