The system that helps poor New Yorkers with their legal troubles is in flux. Genesee County, like the majority of others statewide, is awaiting new caseload/workload standards for indigent defense to be brought forward and there is uncertainty about how the state will fund, or even IF it will fund, any resulting cost increases.

Randy Zickl, the attorney who handles the county's assigned attorney program, made a presentation Monday at the Public Service Committee meeting, which was held in the new terminal at the County Airport. After 12 years on the job, Zickl is retiring and a new administrator is being sought.

GC Public Defender Jerry Ader provided a review of his office. 

While the Public Defender’s Office normally provides legal services to the indigent, occasions arise in which two or more such people are accused of involvement in the same crime. This can result in a conflict of interest for the Public Defender’s Office. To avoid that, courts assign private counsel who receive compensation as set by the state and that is the program that Zickl oversees.

For the past four or five years, the county has contracted with Buffalo Legal Aid for indigent defense, and it was roundly praised, but it will not be the contract provider in the near term because of a bidding issue.

The number of court cases handled by the Public Defenders Office in Genesee County has remained relatively flat from year to year, in the annual range of 500 to 550. Annual assigned attorney expenses are down, however: $20,000 in Family Court; $10,000 in Criminal Court.

The question was raised about whether it would be worthwhile to establish a Conflict Defender Office, like the one in Monroe County, to help reduce further costs. Private attorneys represent clients in all felony matters and in the local criminal courts where the Public Defenders Office has a conflict of interest and cannot represent the client. (In Monroe County, CD attorneys also represent clients in Rochester City Court misdemeanor cases, Monroe County Family Court cases and appellate cases in all courts where the Monroe County Public Defender's Office has a conflict of interest and cannot represent the client.)

"The longer you have it, the Conflict Office will (eventually) be conflicted out," said Committee Member and Legislature Chairman Ray Cianfrini. "It can really create a problem in a small town."

Why? Because inevitably Party A knows Party B, who is related to Party C, who is married to Party D, who operates a business with Party E. 

And initial cost-savings, expenses actually increase over time, said County Manager Jay Gsell.

New regulations could change everything anyway, noted Public Service Committee Chair Marianne Clattenburg.

But Ader said the state will undoubtedly want more than assigned counsel in some cases, along with new standards, more training and a change in allowable caseload numbers, but it's not sure what those benchmarks will be.

"They are very good at creating standards and then saying 'handle them,' " Clattenburg said, "...and 'pay for them.' "

Among the changes proposed are more streamlined arraignments with fewer justices in fewer towns and villages, but that will require legislation to enact.

Another proposed change is in the standard for mimimum face-to-face client/attorney contact, Ader said. There must be at least one visit by the assigned attorney to the place where a felony defendant is in custody. Attorneys who handle such cases will "voucher" the expenses for that. Unlike a defendant's physician, who can teleconference/videoconference a meeting and have it meet legal protocols, the attorney cannot do so.

"I have a client in Westchester and I go down and visit her and the equipment is all set up for a teleconference with her doctor, but I can't do that," Ader said.

Several agreed that "It absolutely makes no sense."

The impetus for a slow and systematic overhaul of New York's indigent defense was prompted by NY Civil Liberties Union litigation in 2010 on behalf of indigent criminal defendants against five counties -- Ontario, Onondaga, Washington, Schuyler and Suffolk. (Hurrell-Harring et al v State of New York, 15 NY 3d 8 (May 6, 2010) It alleged New York’s indigent defense system was inadequate in ensuring the constitutional right to counsel.

Subsequently, the NYS Office of Indigent Legal Services was created and its representatives began analyzing and monitoring the standards, practices, caseloads and shortcomings of the system with a goal of increasing efficiency, eliminating deficiencies, and better meeting the obligation of counsel to those who cannot afford to pay for it themselves. Excessive caseloads, lack of adequate support services and training, an inability to hire full-time defenders, and too-minimal client contact were among the biggest concerns brought to light.

Ader noted that a female in the Public Defenders Office gave notice on Monday and that will mean an increase in cases for others in the office until a replacement is hired.

Members of the Bergen Fire Department were in Albany today with the Bergen ambulance for a statewide EMS memorial service. Barry Miller, killed in the line of duty in September, was honored at the service.

Photo submitted by Sean Downing.

Press release:

The Genesee County Economic Development Center (GCEDC) in conjunction with Empire State Development has created a new revolving loan program to assist the agricultural industry in the Finger Lakes Region.

“Growing the Agriculture Industry Now” (GAIN) Revolving Loan Program is an initiative to capitalize local agricultural businesses that are using new technologies and expanding operations.

Through funding provided  by Empire State Development, the program will provide loans to qualifying businesses in Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties all of which are in the top 10 agricultural counties in New York State.

“Growing our agriculture and food processing industry is one of the utmost priorities of the Finger Lakes Regional Economic Development Council (FLREDC) as it represents a crucial part of the region’s economy,” stated FLREDC Co-Chairs, Monroe Community College President Anne Kress and Wegmans Food Markets CEO Danny Wegman.

“GAIN’s revolving loan pool to support the capital needs of agriculture and food processing companies, including new technology, diversification and expansion, will further advance the needs of the industry.”

According to the most recent Census of Agriculture (2012), farm-gate sales throughout the region totaled $1.6 billion, comprising 30 percent of statewide farm sales, with food processing and other support businesses as additional multipliers.

"Genesee County is one of the top ten agricultural regions in New York State," said State Senator Michael H. Ranzenhofer. "This new loan program will help to support our hardworking farmers, giving them a better chance at growing their business and our local economy. By supporting our farmers, we all can continue to enjoy fresh, local and quality food."

“As the former owner and operator of our family farm, I am always eager to help New York’s farmers and agriculture industry,” said Assemblyman Steve Hawley (R,C,I-Batavia). “In a profession where profits are not guaranteed year to year and weather can wreak havoc on products, our small farms need all the help they can get.

"I am excited to announce that the Growing our Agriculture Industry Now (GAIN) Loan Fund is available. The loan pool will help fund capital projects that foster job creation, renewable energy creation, farm diversification, and investment in technologies, among other things. I look forward to spreading the word about this tremendous opportunity and helping local farmers succeed at their craft.”

The GAIN revolving loan program will give priority to agricultural and related business projects, including food processing and operating farms, which support job creation and job retention, as well as farm diversification (i.e., participate in farm-based retail & wholesale markets).

The program will also support businesses that invest in new technology, including renewable energy projects and new processing equipment, as well as ones that demonstrate growth in net revenue for agriculture enterprises; leverage other sources of funding; and provide secondary economic multipliers (i.e., business expansions).

“This is another example of the ongoing collaboration between the public and private sectors,” said Steve Hyde, president and CEO of the GCEDC. “While we are excited about advanced manufacturing opportunities such as STAMP we also cannot forget that the foundation of our regional economy is the agricultural sector.”

Those interested in learning more about the application process and the program can contact Chris Suozzi, GCEDC V.P. of Business Development, at (585) 343-4866 or csuozzi@gcedc.com.

For more information about the program, visit http://www.gcedc.com/pdf/marketing/Gain%20Loan%20Fund%20Brochure.pdf

Press release:

The City of Batavia Youth Bureau sponsored a citywide 3 on 3 Basketball Tournament on Friday, May 13. Ten teams competed in the double elimination tournament. Teams represented were Youth, Batavia Police, Batavia City Hall and Genesee County Dept. of Social Services.

The Batavia Youth Bureau is planning another tournament later this summer to continue this community event that creates interaction between youth and public servants.

Below are photos (submitted, IDs from left) of the first-, second- and third-place teams and the Youth Team playing the Batavia Police/City Hall Team.

First Place: Malachi Chenault, Trenton MaGraw, Dakota Irvin and Jordan Thomas.

Second Place: Luqman Baity, Ally Luckenbach and Alex Nesbeth.

Third Place: Anthony Garcia, Juan Claudio, Nashiem Harris (not pictured -- Jeff Redband).

(Names not provided.)

Vernon Ronald Hill, 18, of Chiefswood Road, Ohsweken, Ontario, Canada, is charged with second-degree criminal trespass. At 5:30 a.m. on Monday, May 16, Hill was allegedly found naked in a residence on Griswold Road in Stafford by the homeowner. He was arraigned in Town of Le Roy Court and jailed in lieu of $1,000 cash bail. He was due in Stafford Town Court this morning. The case was handled by Sheriff's Deputy Ryan Young.

(Submitted photo of George Mirrione when he arrived home after serving in the Gulf War.)

Press release:

Twenty-five years ago, more than 600,000 service members took part in Operation Desert Storm, at the time the largest deployment of U.S. Armed Forces since Vietnam. George Mirrione, then an Army Private First Class was attached to the 5^th Engineer Battalion(Combat) of the 24^th Infantry Division (Mechanized) was one of those who left friends and family behind to serve our nation and secure a victory for freedom.

On May 30, Mirrione, who grew up in Akron and now lives in Batavia, will march among more than 500 Gulf War veterans in the American Veterans Center’s National Memorial Day Parade in Washington, D.C.

To mark the 25th anniversary of Operation Desert Storm and honor those who served and sacrificed, the National Desert Storm War Memorial Association and America Veterans Center have invited more than 500 Gulf War veterans to reunite at the National Memorial Day Parade. The veterans are participating thanks to the National Desert Storm War Memorial Association and its mission to honor the legacy of the Gulf War though building a monument in the nation’s capital to the 383 service members who fell during the war and honoring those who served in this pivotal moment in world history.

“While foremost our mission at the National Desert Storm War Memorial Association is to build a monument to our fallen brothers and sisters, we are also committed to honoring the many hundreds of thousands of men and women who left homes, jobs, and families to stand up for America’s values,” said Scott Stump, founder, president and CEO of the National Desert Storm War Memorial Association.

“We are so glad that veterans like George Mirrione are marching with us to teach Americans about the service and sacrifice made by all veterans of Operation Desert Storm.”

Mirrione and other veterans will follow part of the same route service members returning from the Middle East marched 25 years ago. Like their comrades of the past, Mirrione will be met with the cheers of hundreds of thousands of patriotic Americans. By honoring Gulf War veterans alongside veterans of World War II, Korea, Vietnam, and our most recent wars in Iraq and Afghanistan, the parade will cement Operation Desert Storm as one of our nation’s key battles for freedom.

In 2014, Congress passed legislation and President Barack Obama signed a law approving construction of the National Desert Storm War Memorial in Washington, D.C. Since that day, the National Desert Storm War Memorial Association has been working to build the monument and aims to raise the millions of dollars needed to support that mission.

To learn more about the Desert Storm War Memorial Association and its participation in the Memorial Day Parade, contact Fred Wellman, Public Relations chair, NDSWM Board of Directors at 202-957-2688 or fred.wellman@ndswm.org. To learn more about the American Veterans Center’s National Memorial Day Parade, visit http://www.americanveteranscenter.org/avc-events/parade/

ABOUT THE NATIONAL DESERT STORM WAR MEMORIAL ASSOCIATION:
The National Desert Storm War Memorial Association is a 501(c)3 organization with the sole mission of constructing a Desert Storm War Memorial in Washington, D.C. The association is led by a board of directors comprised of Desert Storm Veterans from all branches of the military and from across the country. You can learn more about the effort and donate to this important cause at www.ndswm.org.

Submitted photo of "Hops."

"Hops" is on the lam. She's a "chubby," double-chinned eight-pound bunny who hails from the yard at the southeast corner of Maple Street and Ganson Avenue in the City of Batavia.

Hops was last seen by her family, the Rapones, on Sunday. The 3-year-old is white with gray around her eyes and ears.

"I'm starting to freak out a little," said Polly Rapone this morning, who says she's scoured the neighborhood in search of the pet, one of six bunnies, two cats, two chocolate labs, a fish and a turtle who live at 23 Maple St..

Guy and Polly Rapone, who five children together, four school-aged, have allowed Hops -- in good weather -- to lounge and ambulate at will about their large yard, which is only fenced on two sides, while her rabbit relatives are mostly caged. She's usually content to sit at the edge of the yard with her nose twitching through the chain-link fence.

But this latest escapade, one of several over the course of her little lifetime, has Polly particularly stressed out.

For one, she's been gone longer than on her other forays and, two, well, enough is enough.

"She's going back in the cage," said Polly, with prescient hopefulness about the fate of their beloved bunny rabbit.

If you have information which might lead to the capture of Hops, please contact the Rapone family at 219-4657. No questions asked!

The County Legislature's Public Service Committee held its monthly meeting at the new terminal at the County Airport. Before the meeting, County Highway Superintendent Tim Hens gave attendees a tour of the facility.

We'll have coverage of the meeting later today.

A drive out to Le Roy today for some business took me down Asbury Road under crisp blue skies and past the landmark Mail Pouch Barn.

City fire has been dispatched to 208 South Swan St., Batavia, for a reported bonfire in the parking lot.

A two-car accident with injuries is reported at Broadway and Transit roads. Bethany Fire Department and Mercy medics are responding.

UPDATE 7:05 p.m.: Fire Police are called in for traffic control.

A semi-trailer has reportedly brought down utility lines, possibly electrical, in the area of 7233 West Main St., Le Roy.

Le Roy Fire responding.

Press release:

Horrifying. Terrible. Stressful. Horrible.

Emotions ran high as Cady Glor spoke to Byron-Bergen juniors and seniors on May 10 to share the long-lasting effects of how a drunk driver changed her life.

Glor was smitten with Chris Blake, her high school sweetheart and boyfriend of eight years. In 2014, Blake was a passenger in a vehicle and his friend behind the wheel was intoxicated. An accident occurred which put Blake into the hospital with a broken neck.

“I remember the moment my mom called me to tell me that Chris was in the hospital,” said Glor. “It was like what you see in a movie. I fell on the floor. I was screaming and crying.”

“Seeing someone lying in a hospital bed with a breathing machine, someone who was so strong, is just devastating,” added Glor. “I still see it in my nightmares today.”

Blake spent months in the hospital but was confined to a wheelchair, was a quadriplegic, and had a tracheostomy tube to help him breathe. His body deteriorated from the strong physique he once had.

Talks of Blake going home began to happen as the summer ended and Blake knew that he wanted to share his story with schools, and help students understand the impact their decisions could have. Unfortunately, Blake ended up passing away in Aug. 22, 2014, after an infection entered his blood. Glor has since taken on the task of carrying out his wish and speaking to schools.

Byron-Bergen Jr./Sr. High School Principal Patrick McGee invited Cady in to speak to students because he knew that her message would resonate with students.

“Cady is such a courageous woman,” McGee said. “She told a story that is unfortunately all too familiar in our society and did it in a way that hit home with our students. There were very few dry eyes in our auditorium.”

Glor told the students that while she doesn’t know any of them, she cares about all of them. She encouraged the students to not drive drunk, to not get into a car with someone who is drunk, and to call someone for a ride no matter what the time or circumstance.

“Knowing that his death was preventable makes it a thousand times worse,” Glor said. “He chose to get into the car with a drunk driver and he paid the ultimate price.”

The crabapple trees in Alexander are once again in bloom. We wrote last year about the fascinating history of Alexander's crabapple trees.

Susan A. Colton, 58, of Vernal Road, Attica, was arrested by the Le Roy Police Department on May 13 and charged with: driving while ability impaired by drugs, a Class A misdemeanor, and driving the wrong way (on a one-way street), a violation.

Colton was arrested following an investigation of an erratic operator traveling northbound on Warsaw Road. The vehicle which Colton allegedly operated was located a short time later at the Five Star Bank at 124 W. Main St. After a brief investigation Colton was allegedly found to be impaired by drugs.

Colton was issued traffic tickets for the charges with a return date of June 20 at the Le Roy Town Court. Genesee County Sheriff's deputies assisted with the arrest and a driver evaluation.

Mercy Flight will be landing at Meadowbrook Golf Course, behind an address on Valle Drive, just outside the city limit, to answer a medical call. Town of Batavia Fire Department is responding to establish a landing zone and Mercy medics will be assisting the patient. The ETA for Mercy Flight #9 is about 10 5 minutes.

UPDATE 9:07 a.m.: The landing zone is established. It's south of South Main Street and "wide open except a few trees to the west. A rise in the ground is marked by a cone on its side." "We have a visual," the helicopter pilot replies.

UPDATE 9:11 a.m.: Mercy Flight has landed.

UPDATE 9:25 a.m.: Mercy Flight is airborne.

Press release:

For the first time in the program's history, the Genesee Community College Men's Lacrosse Team captured the National Junior College Athletic Association (NJCAA) National Championship after defeating Onondaga CC 13-12 in overtime on Sunday afternoon.

The fourth-seeded Cougars snapped a seven-year streak in which OCC won the title, becoming just the third different team to be crowned national champions since 2006.

Genesee trailed 1-0 early in the first but tied it at the 11:37 mark when Pat Van Bortle scored off of an assist from Alex Henry. Jacob Bomberry followed with his first of three goals in the game just 20 seconds later and gave GCC a 2-1 lead.

OCC, the No. 2 seed, ended the opening quarter with three straight goals and took a 6-2 lead five minutes into the second to build what would be its largest lead of the afternoon.

Genesee capitalized on a man-up opportunity and ended its scoreless stretch when Van Bortle recorded his second goal with 9:14 to play in the half. Davis Prince cut the deficit to two with an unassisted goal at 6:24 and just over a minute later the Cougars were within one after Jonah Mohawk found the back of the net to make it 6-5.

The Lazers went into the half scoring back-to-back goals, including one with just six seconds left, and led 8-5 at the break.

Another man-up goal for GCC started the scoring in the second half when Van Bortle set Up Sherman Williams for his first of the game halfway through the third to cut the OCC lead down to two. The Lazers responded less than a minute later to extend their lead back to three before Williams struck again on a man-up opportunity to make it a 9-7 game.

Both teams exchanged goals to end the third as Bomberry got his second of the game for GCC and he scored again early in the fourth to get the Cougars to within one at 10-9. Williams then scored back-to-back goals at 11:24 and 10:40 and GCC held its first lead since the first quarter at 11-10.

OCC got the equalizer even strength and then scored a man-up goal with just over six minutes to play to regain the lead at 12-11. But Van Bortle wasn't done and tied it at 12 with 3:43 left in regulation and after a scoreless duration of the fourth, the game went into overtime.

Both teams held a possession early in the extra session but could not cash in, until with just 1:14 left in overtime, Van Bortle found an opportunity in front of the OCC net and scored his fourth goal of the afternoon to send GCC to its first national title.

Van Bortle, named the tournament's offensive MVP, finished with six points in the game adding a pair of assists to his four goals. Williams also tallied four goals and Bomberry finished with six points, scoring three goals and assisting on three.

Darin Eakins was named the tournament' defensive MVP and made 14 saves in net. Reed Hnidy led the GCC defense with six ground balls and caused five turnovers and Kyle Dalrymple and Mike Caternolo each collected four ground balls. Caternolo was also 10 for 27 on face-offs.

Genesee's national championship season ends with a 15-4 overall record. It is the College's second national title in school history and first since 1971 (bowling).