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Rollover accident reported on eastbound Interstate 90

By Billie Owens

A vehicle reportedly rolled over several times on eastbound Interstate 90, landing at mile marker 395. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 11:44 a.m.: The occupant is out of the vehicle; up and walking.

Photos: Local business owners say Small Business Saturday a big success

By Howard B. Owens

For Small Business Saturday, Iris Bodine, 8, went shopping with her aunt Margie Everett at Adam Miller Toy and Bicycle.

We didn't get a chance to visit local businesses until the afternoon, but several business owners said their shops were full in the morning and that it seems like more people seemed to be out shopping local on the first Saturday after Thanksgiving than previous years.

Dave Howe, Charles Men's Shop, said at least a half-dozen people mentioned the annual Shop Local promotion is what motivated them to visit local businesses today.  

Stephen Valle and Carrie Lawrence, Valle Jewelers. 

Chris Crocker and Leslie Moma, The Yngodess Shop.

Don Brown and Dave Howe, Charles Men's Shop.

Police collect hundreds of gifts in 'Stuff the Cruiser' event in Batavia

By Howard B. Owens

Police officers from throughout the county -- Sheriff's Office, Batavia PD, Le Roy PD, Corfu PD, State Police, DEC, and Probation -- rolled their cruisers up in front of retail stores in Batavia Towne Center today to collect toys and clothing donations for needy families in our community.

By early afternoon, every cruiser along with the van used by the Emergency Response Team was stuffed with gifts and more than $600 in cash and gift cards had been collected. The donations were then taken to City Church/St. Anthony's to be sorted and distributed to all of the school districts in the county.

Forecast unchanged for ice and snow in Genesee County

By Howard B. Owens

A winter weather advisory remains in effect for Genesee County starting at 4 a.m. and continuing until 6 p.m. Sunday with snow and ice expected.

Travel conditions could be treacherous, the National Weather Service advises. 

From one to three inches of snow accumulation and two-tenths of ice accumulation are predicted.

The NWS advises travelers to plan accordingly.

Graphic: Courtesy Accuweather.

Sponsored Post: Know your rights, call Dolce Panepinto today

By Lisa Ace


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Call Dolce Panepinto at 716-852-1888 immediately. We understand how life-altering a work injury can be, and we are here to help.

Oakfield pastor's flock invites GC residents to the merriments of an Old Fashioned Christmas

By Virginia Kropf

When Oakfield resident Erik Olsen founded the East Shelby Community Bible Church, barely a mile north of the Genesee County line, he couldn’t have imagined how it would grow or how popular their Old Tyme Day in July and Old Fashioned Christmas events would become.

(Correction) Old Fashioned Christmas Day is next Sunday (Dec. 8) at the church (5278 E. Shelby Road, Medina), beginning at noon and featuring a variety of old-fashioned holiday traditions. 

Ange Pillo, also of Oakfield, started the church’s Band of Renown, which will present a Christmas concert beginning at 12:30 p.m. in the historic miniature village of West Jackson Corners. The village, across from the church, takes it name from what East Shelby was called in the 1800s.

The annual event includes activities such as swag making, Dickens-style yuletide caroling, horse and buggy rides and enjoying hot chocolate and other Christmas treats. They have also been known to cook a goose over an open fire.

The church also welcomes guests to come in and see their giant Christmas tree in the sanctuary.

As always, the afternoon will conclude with a visit from Santa Claus.

New this year is a large parking lot to accommodate all of the guests, typically hundreds of people. This will allow visitors to park closer to all of the festivities. 

Submitted photos.Top: Lorna Klotzbach, of Pembroke, drives her team of horses, giving buggy rides at East Shelby Community Bible Church’s Old Fashioned Christmas. This year’s celebration is scheduled from noon to 5 p.m. Sunday, Dec. 8.

Below: Pastor Erik Olsen from Oakfield leads a group of carolers in singing Christmas carols during last year’s Old Fashioned Christmas at East Shelby Community Bible Church.

Red Osier Landmark Restaurant invites all to 'Winter Wonderland of Lights' on next two Monday nights

By Billie Owens

The third annual "Red Osier Landmark Restaurant Community Days --Winter Wonderland of Lights" will take place from 5 to 8 p.m. on the next two consecutive Mondays -- Dec. 2 and Dec. 9. 

The public is invited to the restaurant grounds at 6492 Main Road in Stafford to stroll through the "Winter Wonderland of Lights" featuring more than 2.5 million lights.

Santa and Mrs. Claus will be there and families are welcome to take free photos with them.

There will also be free horse and carriage rides and a free Petting Zoo.

The Stafford Volunteer Fire Department will be there with fire trucks and they'll help with traffic control.

The bar will be open for adult beverages and gift certificates are available to purchase.

The lunch trailer will be open for food to purchase, too. (The main restaurant, as always, is closed on Mondays.)

(Submitted photo of Quinn and James with Santa.)

City APB: 'Duster' has vanished from home sweet home on Tracy Avenue

By Billie Owens

The veritable visage of contentment depicted above -- paws tucked snugly in, eyes closed in blissful contemplation -- is a Tracy Avenue denizen of the city named Duster.

His owner, Melissa Barone, says her family thinks Duster busted out of his digs on Thanksgiving Night; his contentment, obviously having waned at some point. Whether this was due to curiousity about delectable aromas of food wafting from homes nearby, general holiday hubbub, or bald opportunism is unknowable.

"He is super friendly, so he most likely will go up to anyone," Barone writes in an email seeking the public's help to locate the missing pet.

In other words, he's not finicky about friends; he welcomes all genuine and genial overtures of bonhomie.

"We miss him lots," Barone writes plaintively.

If you espy Duster, please text Barone at (585) 813-3429.

Winter weather advisory in effect Sunday, expect slippery road conditions

By Billie Owens

A winter weather advisory is in effect for Genesee County from 4 a.m. to 6 p.m. Sunday, according to the National Weather Service in Buffalo.

Mixed precipitation is expected, including total snow accumulations of one to two inches, and up to four inches across the northern Finger Lakes, with total ice accumulations of around 1/10th of an inch.

Plan on slippery road conditions. Periods of snow, sleet or freezing rain will result in slippery roads and limited visibilities. Slow down and use caution while driving.

Law and Order: Liberty Street standoff suspect facing two new criminal contempt charges

By Billie Owens

Daniel John Wolfe, 46, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. It is alleged that on Nov. 25 while housed in Genesee County Jail, Wolfe made two phone calls to a protected party in violation of an order of protection. He was arrested on the charge on Nov. 28 and issued an appearance ticket. Wolfe is due in Batavia City Court at 1 p.m. on Dec. 10. The case was investigated by Genesee County Sheriff's Deputy Chad Cummings.

Sean Michael Crowe, 30, of Cook Road, Bergen, is charged with: driving while intoxicated with a BAC of .08 percent or more with a previous conviction within 10 years; DWI with a previous conviction within 10 years; and having an uninspected motor vehicle. Crowe was arrested at 12:59 a.m. Nov. 28 on South Lake Avenue in Bergen following a traffic stop for an uninspected motor vehicle. Crowe is due in Bergen Town Court on Dec. 4. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. Jason Saile.

'The Sounds of Christmas' by the DelPlato family

By Howard B. Owens

The DelPlato family has provided us with a new Christmas song: "The Sounds of Christmas," written by Mary DelPlato, performed by Anthony DelPlato, and video submitted by Carmen DelPlato.

Video: Free Thanksgiving Community Skate Sponsored by the Kiwanis Club of Batavia

By Howard B. Owens
Video Sponsor
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To all of our readers and sponsors: Thank you for your support of The Batavian. Happy Thanksgiving.

State's criminal justice reform expected to cost city, county time and money

By Howard B. Owens

Changes in state law about when and how defense attorneys receive evidence in criminal cases are going to create a greater burden on police and drive up costs for the City and the County, members of the City Council were told Monday night.

City Attorney George Van Nest and Police Chief Shawn Heubusch made about a 40-minute presentation on changes to the rules around what is called "discovery" -- the prosecution turning over evidence and information to the defense -- and bail reform.

"What happened is the legislature passed, and the governor signed, a new form of Section 245 of that criminal procedure law," Van Nest said. "What it did is dramatically change the manner in which criminal discovery is handled in New York State effective January 1, 2020."

Under the current system, once a defendant is charged, a defense attorney would file a motion for discovery and the District Attorney would provide information and evidence the DA felt compelled to disclose under criminal procedure law and case law. This would happen over the course of the criminal proceeding including right up to the day of a trial if there was a trial.

The new law requires "automatic discovery" of everything related to the case within 15 days of the arraignment of the defendant. 

This new automatic discovery must include everything related to the case, including all information on witnesses or anybody with information relevant to the case, all written statements, all recordings in police possession or that the police know about, information on all physical evidence, and recordings of relevant 9-1-1 calls and dispatch.

Police officers and detectives will have only days to compile and deliver the evidence and information to the DA's office to give the DA's office time to index and inventory it and prepare it for disclosure to the defendant's attorney.

Both the compressed time frame of gathering and preparing the evidence for dissemination and the greater volume of information and evidence will consume more time for law enforcement and the DA's office.

In the case of traffic tickets -- the city issues about 1,500 a year --  all evidence must be turned over within 24 hours of the issuance of the ticket.

"This increases the workload of our officers and detectives and supervisors and our clerical staff," Heubusch said. "Officers and detective are going to be mandated to complete all paperwork and supporting documentation on a condensed schedule. What that equals is officers may be required to work overtime or maybe taken off of proactive police patrols in our community to make sure that we meet these timeframes so we don't lose any cases."

To help deal with the increased workload, the DA's office is adding another assistant district attorney, another paralegal and a part-time clerk.

Heubusch did not ask for additional personnel in his department but did note that the part-time clerk who handled evidence will now be needed on a full-time basis.

As for bail reform, Heubusch said starting Jan. 1, people accused of misdemeanors or Class E felonies will no longer be arraigned in City Court. The arresting officer, instead, must issue an appearance ticket. The officer must also issue appearance tickets, rather than taking the suspect in for arraignment, for second-degree burglary 2nd and second-degree robbery, all other violent felonies are still eligible for a bail review by a judge.

Types of criminal accusations that will require an appearance ticket include bail jumping, resisting arrest, vehicular assault, menacing, and criminal contempt (unless it's part of a domestic violence case).

Exceptions to the no-bail rules include cases involving members of the same household, a failure to identify oneself properly, a failure to appear in the previous two years, and cases where the defendant could have a driver's license suspended or revoked.

If a judge is going to set bail, the judge must set it as the least restrictive option. In most cases, this means release on own recognizance or release under supervision.

Rare stone tool artifacts from prehistoric Lamb Site in Darien up for bid Saturday in Clarence

By Billie Owens

Submitted photos and press release:

A collection of 30 very rare, very early artifacts will be auctioned off this Saturday, Nov. 30, beginning at 10 a.m. at Schultz Auctioneers, 11177 Main St. in Clarence.

The artifacts represent the complete collection of Clovis Artifacts located during a five-year project of excavation by R.M. Gramley, Ph.D., beginning in the late 1980s at the Lamb Site in Darien and have never before been offered for sale. They will be auctioned as a single lot.

Gramley and his group of volunteers were able to catalog three distinct groups of artifacts indicating three different activities. Cluster A produced a group of miscellaneous tools that indicated a habitation area. Another area, designated as cluster B, produced debris fragments from stone tool manufacturing and a third area, cluster C, produced a cache of Clovis points and bifaces.

The Clovis culture is a prehistoric Paleo-American culture named for the distinct stone tools – called Clovis points -- found in close association with Pleistocene fauna at Blackwater Locality No. 1 near Clovis, NM, in the 1920s and 1930s. Clovis points are wholly distinctive. Chipped from jasper, chert, obsidian and other fine, brittle stone, they have a lance-shaped tip and (sometimes) wickedly sharp edges.

Extending from the base toward the tips are shallow, concave grooves called “flutes” that may have helped the points be inserted into spear shafts. Typically about four inches long and a third of an inch thick, they were sleek and often beautifully made. Some believe them to be the first American invention.

Included in the collection – which will be sold as ONE collection – is the only Knife River point found in New York State, as well as two pieces that are the largest Clovis point and knife in New York State.

The Lamb Site near Darien in Genesee County is a late Clovis period site that dates back more than 12,000 years ago. It was used as a habitation site and a stone tool manufacturing and cache site. More information about the collection and the Lamb Site can be found here.

Previews of the auction will take place on Friday, Nov. 29 and Saturday, Nov. 30 from 8 a.m. to 10 a.m. The auction is free and open to the public; reservations are not required. For more information, call 716.759.2260 or visit schultzauctioneers.net for photos and descriptions.

About Schultz Auctioneers

With more than 50 years’ experience, Kelly Schultz is Western New York’s acknowledged authority on antiques, collectibles and fine arts. As founder of Antique World and Flea Market, he has created one of the largest antique centers in Western New York, with over 200 dealers and five shops open daily. Kelly travels from coast to coast and internationally, procuring antiques, oriental rugs, fine furniture and rare, unusual items, creating one of the finest antique galleries in the country. In 2003, Kelly’s son, Ben, received his auctioneer license and has been working alongside Kelly for many years. For more information, visit www.schultzauctioneers.net

Sponsored Post: Open house alert; 9400 Putnam Road in Batavia

By Lisa Ace


Open House Alert: Saturday, Nov. 30th from 10 a.m. -12 p.m. Location is key for this solid and comfortable country farmette, located on almost 23 PRIME country acres in the Town of Batavia with Alexander School District!

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This property goes all the way over to East Road with frontage there as well – you could parcel off and sell or build your other dream home! So many possibilities—and all very well kept and lovingly cared for, definitely worth a look! Click here for more information on this listing.

Top Items on Batavia's List

NOW HIRING seasonal agribusiness positions. CDL A & B Drivers to deliver bulk crop nutrients. Potential long-term opportunities. Great for retirees! GENERAL LABOR positions. Daily variety of indoor/outdoor responsibilities. Loader experience a plus. SIGN-ON BONUS and plenty of OT during spring/summer months. Apply in person at: 8610 Route 237, Stafford, NY www.cecrocker.com
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