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News roundup: Crime is up in LeRoy

By Philip Anselmo

LeRoy has seen an increase in crime over the past week or so, especially over the weekend. LeRoy Police Detective John Condidorio told WBTA's Dan Fischer that the burglaries — one car was stolen, several others were broken into — may be related. Police do have one suspect, described as a white male, slender, between 5-foot-7 and 5-foot-9, wearing white shorts and a tee-shirt. Residents are advised to lock their homes and cars and report to the police any suspicious activity.

Note: The Batavian will not be posting a Daily News roundup this afternoon. We will be in video training all morning and afternoon. Please, if you see any news, report it. Get on the site, post a blog, put up video. We'll be back in full force soon.

Davis campaign launches a "fake" Powers Web site

By Philip Anselmo

The Daily Gotham was the first to pick up on a sly bit of digital-era campaign mudslinging Saturday when it pulled the curtain on the latest "Jon Powers" Web site ( to show that, in fact, it wasn't a Jon Powers Web site at all. It wasn't by him, for him or with him. It wasn't from his campaign or his supporters.

Powers Platoon is a tactical fake "Paid for by Davis for Congress," and it's more than just a spitting image of the "actual" campaign site, it's identical — save, of course, the content, which is 100 percent anti-Powers, calling him out for connections with special interest lobbyists and accusing him of waffling on high profile issues.

Can you tell which one is real, which fake?

For those of you who can't tell which site is bogus — though I find it hard to believe that anyone would, for one second, believe the lie — it's the one on the bottom, the one that criticizes Powers in alliterative language that was already hackneyed by the end of the last presidential election (flips, flops, flails). It's obvious. It couldn't be more of a sham and for that very reason is worth a good laugh, at the very least.

But how much of a laugh? Seriously. When do we stop laughing and wonder if this is going too far, as some say. A pair of blog sites that don't shy from the fact that they are supporters of Jon Powers — the Daily Gotham and Buffalo Pundit — think that the site is going so far that it's illegal.

While the Gotham gets a little too nasty and over the top about it — calling Jack Davis a "scumbag" and accusing the site's designers of being no different than people who try to "steal your credit card information" — the question is worth asking: is the site illegal? How?

Buffalo Pundit has this to say:

It’s not protected by the fair use doctrine because it’s not using mere excerpts of Powers’ work product, but has completely mimicked his site in an effort to confuse and trick the reader. Everything right down to the logo, the font, the layout, and even the portrait...

All of these items are protected by automatic copyright held by Mr. Powers. We all expected Jack Davis to use his millions to smear Powers. None of us expected him to do it by breaking the law and deliberately tricking prospective voters.

Is it, then, copyright infringement? What is "automatic copyright"? The Batavian has a couple calls in to attorneys, as well as inquiries sent out to both campaigns: Powers and Davis. Neither has said anything yet, and we're still waiting to hear back from the attorneys.

We also sent an e-mail to the site's registered owner, asking him flat out if he considered the possibility of copyright infringement. His name is Erick Mullen. He gives a Washington, DC address.

Although we have not yet confirmed that it is the same individual who built the fake Powers site, there is a "political communications firm" called  Mullen & Company that is run by Erick Mullen and based in Washington. From the Web site:

Mullen & Company is a political communications firm that specializes in award-winning creative media and strategic communications. To win in politics today often demands a break from conventional wisdom, and Mullen & Company will provide your campaign with a modern, thorough knowledge of media strategy and tactics. To win today political campaigns must make decisions rationally rather than culturally.

In his bio, Mullen states that he was part of the campaign team that elected Sen. Charles Schumer in 1998. A video of Schumer posted on the site proves their connection.

We're waiting to hear back from Mullen.

UPDATE: The Batavian did, in fact, hear back from Mullen promptly following this post, and he has defended the site against the allegations from the Powers camp that it is illegal—you can read his comments below. Further, no attorney has yet come forward to affirm the illegality of the site, and we have to believe that it does not violate any specifics of the law.

Jaycees looking for sponsors for the 5K Run/Walk

By Philip Anselmo

The Batavia Area Jaycees are gearing up for their annual run/walk coming up in September, and they're looking for sponsors. Melissa George issued this press release over the weekend:

The Batavia Area Jaycees are proud to announce the 22nd Annual Labor Day 5K Run & Walk on September 1, 2008 at MacArthur Park in Batavia, NY.  This is the third year that the proceeds from the event will go to benefit Genesee County AIDS Task Force, which relies strictly on donations.

Registration will begin at 8:00 a.m. and the race will begin at 10:00 a.m.  The race fee is $12 for runners and $10 for walkers, with the fee Jayceesgoing to $15 the day of the race.  Trophies and prizes will be given out to the top male & female runners after the race and the first 100 registered participants will receive a free t-shirt. The course is USA Track & field certified.

Registration forms are available online at or by calling 585-343-5775.

The Batavia Area Jaycees are still looking for sponsorships for this event.  If you are interested in learning more on being a sponsor, contact Melissa A. George, race chairman at 585-343-5775 or

News roundup: World War II vet gets his medals — sixty years later

By Philip Anselmo

Daily News reporter Matt Surtel was on the scene at the VA Medical Center when 85-year old Clifford E. Williams received "nine long-overdue medals in a ceremony attended by family and friends." Williams was due the medals when he got out of World War II 64 years ago, but for whatever reason, they were never delivered.

Williams fought in France in 1944, when he was 22-years-old. He rescued a fellow soldier who was wounded in an ambush, literally dragging the man to safety. Later, writes Surtel, "Williams was himself badly wounded ... caught in a shellburst." He was discharged, honorably.

Among the honors bestowed on Williams Saturday were the Purple Heart and the American Campaign Medal decorated with three bronze stars.

Twelve-year-old Mike Vogel won the first-ever Spirit of Michael Award at the Michael Napoleone memorial Foundation's youth baseball tournament Saturday. Michael Napoleone was 8 years old when he died in 2006 from an aggressive leukemia. "His family set up the foundation to support families undergoing similar cancer crises, and supporting research into pediatric blood cancers," writes Surtel.

As always, we encourage you to pick up a copy of the Daily News wherever the paper is sold. Or, better yet, subscribe at

Batavia Take 2-out-of-3 Versus State College

By Mollie Radzinski

 After yet another rainout on Thursday, the Muckdogs took to the road to win a series against the State College Spikes to improve their record to 21-16.  Batavia lost Friday’s contest 4-3 before winning 7-3 on Saturday and 6-5 on Sunday.  Here is a quick look at those games:


  • Friday, July 25: State College 4, Batavia 3:  George Brown got the start on the mound, going three and two-thirds innings with seven hits, three runs (two earned) and three strikeouts.  Thomas Eager (1-3) suffered the loss, throwing the last three innings with four hits, one run and three strikeouts.  Jose Garcia led off the game with a triple and ended the night 1-for-3 with a stolen base.  Xavier Scruggs went 2-for-4 with a RBI.


  • Saturday, July 26: Batavia 7, State College 3:  Batavia had fourteen hits and eleven strikeouts in the game to get back on the winning track.  Lance Lynn had a strong start, pitching four innings with three hits, one run, one walk and seven strikeouts.  Josh Hester (2-1) also threw four innings with four hits, two runs, one walk and four strikeouts for the win.  Offensively, Xavier Scruggs went 3-for-4 with two solo-homeruns.  Colt Sedbrook went 2-for-5 with a double and a triple.


  • Sunday, July 27: Batavia 6, State College 5:  Zachary Pitts went five innings with three hits, one run, two walks and four strikeouts for the start, but Arquidemes Nieto (4-0) got the win in his three innings.  Nieto let-up four hits and two runs and struck out two.  Jason Buursma earned his second save, facing the last two batters of the game.  Frederick Parejo went 2-for-5 with a RBI and Charley Cutler went 2-for-4 with two RBI.


The Muckdogs now travel to Williamsport for a three game series against the Crosscutters before returning home for another three game series versus State College.

Police Blotter: July 25 through July 27

By Philip Anselmo

All of the following calls were reported by the City of Batavia Police Department. Listed offenses do not imply that charges were filed. Calls may result in no official action.


  • 1:40am, 157 Bank St. (Apt: Upper), trespass
  • 10:25am, 50 Ellicott Ave., identity theft
  • 1:49pm, East Avenue, accident
  • 4:51pm, 19 Ross St., larceny
  • 6:37pm, 121 Liberty St., criminal contempt
  • 9:22pm, 19 Oak St., larceny
  • 10:09pm, 401 Ellicott St., accident


  • 2:01am, 109 Washington Ave., criminal mischief
  • 3:40am, 105 Jackson St., assault
  • 8:58am, 2 Union St., harassment
  • 12:43pm, W. Main Street, accident
  • 9:22pm, 257 State St., larceny


  • 12:30am, 335 Bank St. (Apt: B6), harassment
  • 12:54am, S. Main Street, accident
  • 2:33am, 211 W. Main St., larceny
  • 6:35am, 14 Highland Park (Apt: 6), larceny
  • 6:47am, 20 Maple St. (Apt: Lower), criminal contempt
  • 5:40pm, 100 W. Main St., harassment
  • 6:59pm, 32 Pringle Ave. (Apt: Lower), trespass
  • 10:55pm, 104 Jackson St., harassment
  • 11:02pm, Liberty Street, assault
  • 11:39am, 20 Vine St., trespass

Note: We don't include noise complaints, domestic disputes and routine police business.

Governor Paterson to declare fiscal crisis, says New York Post

By Philip Anselmo

WBTA's Dan Fischer reports this morning that Gov. David Paterson will "deliver an unprecedented special address" to announce that the state is in the worst fiscal crisis in three decades. The announcement is expected sometime this week, and the New York Post claims that Paterson will cite "plunging state revenues" as the reason for the crisis and the forthcoming cuts in state services and personnel.

He may also call a special session of the Legislature to propose reducing some of the record-high levels of spending that were approved as part of the state's new budget in April.

"The situation is worse than anyone realizes," said a source close to Paterson.

"The governor has said he's tired of the state going from deficit to deficit, spending like it has a credit card that never has to be paid, and that he's prepared to take action," the source said.

In the meantime, the New York Times reported earlier this year that state legislators were hankering after a 20 percent pay raise.

New York legislators are looking for a raise of as much as 22 percent, saying the $79,500 base salaries they earn are not enough.

But an examination of state records shows that most make considerably more than their base salary. With extra pay for chairmanships and other posts, they earn just over $90,000, on average, for what is widely considered a part-time job; the Legislature is in regular session for 63 days a year.

And more than a third earn more from outside employment, often as lawyers in their hometowns, but they are not required to disclose how much or from what clients.

Not long after, the New York Sun reported that state judges, now, were asking for a raise.

A state judge has ordered Governor Paterson and the Legislature to start paying him and his 1,180 fellow state jurists more money.

If each judge on the state bench received the $600,000 sought by the four plaintiffs, the state's taxpayers would be on the hook for more than $700 million. The order by Judge Edward Lehner of state Supreme Court in Manhattan appears to instruct the Senate and Assembly to pass a law upping judges' pay within 90 days, which could prove an impossibly fast time frame for slow-moving Albany.

What prompted the request?

Judges on the state's main trial court make $136,700 a year, plus benefits.

Even though salaries for New York state judges are close to the national average, the judges say that the cost of living in New York is higher, and they argue that federal judges and corporate lawyers are paid more.

New York's chief judge, Judith Kaye, filed a suit on behalf of the entire judiciary in April seeking a pay raise order of the type Judge Lehner issued yesterday. But yesterday's decision came in an earlier lawsuit filed jointly by four judges seeking more than $600,000 each. That money, the say, represents the cost-of-living increases that they haven't received over the years, plus interest.

As for your run-of-the-mill hourly worker, the median income in 2007 was about $25,000, and an employee who made no more than the minimum wage — $7.15 per hour — earned less than $15,000 and likely brought home barely more than $10,000.

The median wage paid to the 4.1 million hourly workers in the state was $12.03 last year, meaning that more than two million New Yorkers earned less than that, the report from the Bureau of Labor Statistics showed. That was about equal to the median national hourly wage of $11.95 — about $25,000 a year for a 40-hour work week.

See the article by Patrick McGeehan in the New York Times for the full story.

Among Americans 50 and older...

By Bea McManis

Among Americans 50 and older: — 45 percent say food prices have caused a hardship for their budgets — 39 percent think at least some foods will have to be rationed within a year — 47 percent are shopping for food less frequently — 41 percent are eating less meat — 18 percent have started eliminating some meals Are you in this age group? What hardships are you, or do you perceive to face in the next few months?

Genesee Community College: Number 19 in "What Made Genesee County Famous"

By Philip Anselmo

Genesee Community College lands at Number 19 in the Holland Land Office Museum's countdown of "The Twenty-Five Things That Made Genesee County Famous." Museum Director Pat Weissend tells us that when the county first imagined building a community college — back in the early 1960s — county leaders had little hope that it would ever be a success. In fact, explains Weissend, the Board of Supervisors at the time didn't think enrollment would ever exceed 75 students!

Along came the Batavia Area Jaycees, who were a little dubious of the results, and they put  together a survey of their own. Here's what they found out:

1.        A community desire for a two year college

2.        The need for a community college

3.        The financial ability to support the college

4.        Favorable economic growth in the region

5.        Population Increase

6.        A sufficient student population for a college

When the first classrooms opened in September, 1967, the first class numbered 378 full-time and 243 part-time students. Today, there are about 6,500 students enrolled at the institution that now offers nearly 60 degrees and certifcates.

Visit the Holland Land Office Museum Web site for more information on Genesee Community College and the other things that made Genesee County Famous.

Weekend Arrests: July 25 through July 27

By Philip Anselmo

Maria K. Frieday, 34, of 22 Tracy Ave. (Apt: Upper), Batavia, was charged with driving while intoxicated Friday night on Bank Street, city police said. Frieday allegedly backed into a fence and drove off.

Jerry T. Saddler Jr., 32, was charged with second-degree criminal contempt Saturday night, city police said. Saddler Jr. allegedly violated an order of protection and visited the home of a female acquaintance on Columbia Avenue.

Victor D. Guy, 21, of 437 E. Main St. (Apt: Lower), was charged with a felony count of third-degree assault, city police said. Guy was accused of beating a woman in the face with a cell phone charger. He was sent to jail on $3,000 bail.

All of the above reports were issued in published releases from the city police department.

"Where am I? How did I get here?"

By Russ Stresing

     Is Jack Davis completely out of touch with reality?  It seems so, given his statements during a  rare public appearance.  Making an infrequent foray outside of the confines of his cozy  headquarters, Jack set up a campaign appearance for the press in Genesee County.  That's usually how it works with Jack.  See, he doesn't think much of actual campaigning, things like going door to door to ask for your vote.  He does like waving from one of  his show cars in parades, but otherwise, he's content to let his $3 million dollars do his talking and, boy, does Jack like to be the one doing the talking.  He's not big on listening.  That fact is apparent from what he said on Friday.

      Here's what he's promoting on his own website. “The farmers claim they need more foreign labor to pick those crops and some have asked for more visas for immigrant farm workers. But with our high unemployment, how can we justify hiring someone other than our own unemployed to do this work?”  Its obvious Jack hasn't heard any of the problems the local growers have had in recent years.    Does Jack really want to add to the risks that farmers already brave every year?  Or was he that clueless about where he was when he made that statement?  As rarely as he goes out on the trail, it might've made sense for him to do a little background research on the GLOW region.  Agriculture is the backbone of our local economy.  Now, Jack says he wants to deny our local farmers the labor force they depend on to get their crops out of the fields or orchards and onto our tables.

       Anyone could be forgiven for thinking this is Jack's first try at office after reading this.  But, Jack's had two tries at this seat in the past.  In fact, Jack used to be a Republican but after he donated $2,000 at a Republican fundraiser and was told he couldn't personally speak with Vice President Cheney, Jack quit the party in a huff.  That next year, in an expensive fit of pique, Jack spent 1.2 million dollars of his own personal fortune campaigning against Tom Reynolds.  He lost.  So, in 2006, he spent even more.  In fact, Jack spent a million dollars that year on the Independence party nomination alone. No other candidates stepped up to run on the Democratic line, so Jack got it by default, the same way he got it in 2004.  Tom Reynolds was a severely wounded candidate owing to his connection to the Foley scandal.  It didn't matter. Jack lost.  Many observers blamed it on the fact that Jack doesn't like to get out and campaign.  He's of the belief that if you throw enough commercials on TV and radio, and stuff voters' mailboxes full with slick fliers day after day, you don't have to get out and actually talk with them.  It didn't work for him the last two times.  Still, he's doing the the very same thing for the third time.  So much for learning from experience.

     Jack's idea of coming to a rural area and advocating a position counter to their needs might make him seem frighteningly oblivious, but it  is characteristic of his attitude that he doesn't need the voters' input.  He wants you to listen to the Brooks and Dunn ripoff he's using as a radio commercial, let him bury you under multiple campaign fliers every week, and let him buy gasoline for people in Greece.  That's how Jack thinks it works.  Throw enough money at a problem, and he can solve it.

      Jack doesn't like to listen.  It was demonstrated earlier in the race when all four GLOW Democratic committees endorsed Jon Powers.  Jack tried to tell them they'd made a mistake and had better change their minds.  Here's their response:   "This is a press release from the 4 Democratic chairs of Genesee, Livingston, Orleans and Wyoming Counties regarding the NY 26th Congressional race.  Jack Davis seems to feel the rural counties can be cajoled into rescinding their endorsements of Jon Powers, and the chairs wanted to make it clear that there are no intentions to do so."

      Its one thing to claim to be your own man.  Its a completely different thing to be ignorant of your district's concerns and to ignore your party's position on the issues.  If Jack is so cavalier about rural WNY's needs and so out of step with his own party's platform, what other misapprehensions is he laboring under?



Red Wings pleased with Muckdogs affiliation

By Howard B. Owens

From today's D&C:

Rochester Community Baseball is more than satisfied working with and promoting the New York-Penn League Batavia Muckdogs this year, and general manager Dan Mason on Friday said he expects to continue the operation in 2009, with the St. Louis Cardinals remaining as the parent club.

The Muckdogs drew 21,952 for their first 17 home dates this summer. Last year's final home attendance was 44,270 for 38 dates. "We expect attendance to pick up in August, when we'll have fireworks on four Friday nights, and bobblehead nights for Ryan Howard (Saturday) and Chase Utley (Aug. 23)," said Mason.

Dwyer Stadium seats about 2,600 and Mason said the July 4 crowd of 3,012 was the largest for Batavia "in years."

YouTube video of the Liberty street fire

By Tom Gilliatt

This is a video I took of the liberty street fire at the end of the whole thing, I worked that day so I would have had more video but could not.



Police Blotter: July 24

By Philip Anselmo

All of the following calls were reported by the City of Batavia Police Department. Listed offenses do not imply that charges were filed. Calls may result in no official action.


  • 12:27am, Ellicott Street, larceny
  • 7:24am, Ellicott Street, larceny
  • 11:23am, 60 Buell St., larceny
  • 12:34pm, 220 E. Main St., accident
  • 12:41pm, Ellicott Street, accident
  • 3:05pm, 412 E. Main St., accident
  • 4:54pm, 8 Hutchins St., larceny
  • 6:07pm, W. Main Street, accident
  • 9:58pm, 45 Central Ave., assault

Note: We don't include noise complaints, domestic disputes and routine police business.

News roundup: City cleanup at Oak Street home Saturday

By Philip Anselmo

Another city cleanup is schedlued for Saturday from 10:00am to 1:00pm at 172 Oak St., according to the Daily News. God's Helping Hands and Project Hope will team up to help out at a single residence "because its occupants are disabled and are in need of help."

Front page news about the capture — finally — of Woody the Wayward Steer was featured on The Batavian this morning.

You can also find these stories in today's paper:

  • An Attica girl graduates high school with a record of perfect attendance from kindergarten straight through to the end. Congratulations to Johanna Novak on that odd yet commendable feat.
  • LeRoy Ambulance needs to generate another $75,000 in revenue to pay for an ambulance.
  • Batavia Motor Speedway will host the U.S. Open Speedway Motorcycle National Championships tonight. Doors open at 7:00pm at the track on Harloff Road at the Polarwave Snow Park. Call (585) 723-9746 for more information, or visit Jason Bonsignore Racing or Speedway Bikes online.

You can pick up your own copy of the Daily News wherever the paper is sold. Or, better yet, subscribe at

Harley Davidson Drawing to benefit fire department Saturday

By Philip Anselmo

Batavia's town fire crew is raffling off one mean, chrome chopper this Saturday, and tickets were only $20 a pop — they sold out this morning! For a couple of sawbucks some lucky duck will take home a 105th Anniversary Limited Edition Harley Davidson Fatboy — and for those who know, that's one sweet bike.

All proceeds from the ticket sales will benefit the town of Batavia Fire Department. This is their 9th annual Harley Davidson drawing, and the event Saturday marks their only fundraiser for the year.

But wait, that's not all!

The raffle is really only the icing on the cake for an event that kicks off at 7:00pm under the tent at the town fire department's Rec Hall at 8380 Lewiston Road (across from K-Mart and just down the road from Batavia Downs). They'll also be serving up hotdogs, burgers and grilled sausage (for a few bucks). Beer and pop will also be available, plus a 50/50 raffle, plus pull-tabs, plus... music: 7th Heaven will take the stage around 8:00pm and rock out the evening.

Admission to the event is free. You don't need to buy a raffle ticket to attend. But anyone under 21 must be accompanied by a parent or guardian.

Drug arrest in Batavia

By Philip Anselmo

Genesee County's Local Drug Enforcement Task Force reported the arrest of a Batavia man for drug possession. Thrity-one-year-old Terry E. Smith, of 27 Dellinger Ave, was charged with a felony count of third-degree criminal possession of a controlled substance last night. Smith was stopped on Fisher Park in Batavia and found allegedly in possession of nearly an ounce of cocaine. He was also charged with third-degree aggravated unlicensed operation.

Smith was sent to Genesee County Jail without bail.

How one Batavian made it to the major leagues

By Howard B. Owens

The rain out of yesterday's Muckdog's game also washed away an opportunity to take in nine innings with Bill Kauffman

Instead, we sat in the stands above the soggy field surrounded by 500 restless summer camp kids and chatted until the din of some undefinable noises from the sound system drove us away.  Once we discovered a mutual affection for the Pok-A-Dot and concluded the game would not be played, we dashed over to the diner for lunch.

Having exhausted Google in requests for links to articles by Bill Kauffman, I asked him to send me some pointers to published pieces.

This morning's e-mail brings another essay about Batavia, Play Ball, in First Principles.

Kauffman delights in the quirky fates of life in America, where either by chance or odd ball persistence, people leave marks both indelible  and obscure. In "Play Ball," Kauffman passes along the tale of Vince Maney, perhaps the first and perhaps the only Batavian to ever play major league baseball.

The chance of a lifetime was the result of Ty Cobb fighting with a fan, which led to a suspension, which led to Cobb's teammates refusing to take the field, which led to a team of amateurs and semi-pros filling out the roster of the Detroit Tigers for one day nearly a century ago.

The game of May 18, 1912, was a rout. Emergency Tigers pitcher Aloysius Travers, who later became a Jesuit priest, was touched for twenty-four runs on twenty-six hits in eight innings. Who needs a bullpen? Vince Maney described the game in a letter to his brother: “I played shortstop and had more fun than you can imagine. Of course it was a big defeat for us, but they paid us $15 for a couple of hours work and I was satisfied to be able to say that I had played against the world champions. I had three putouts, three assists, one error, and no hits.”

If only Bill James had been sabermetricking in 1912. For Vince also walked once and was hit by a pitch, giving him an on-base percentage of .500. Calling Billy Beane!

Maney played under an assumed name that day. He was a strikebreaker, after all—a scab of sorts, although Ty Cobb wasn’t exactly Samuel Gompers. For nigh unto one hundred years the baseball record books listed Maney as Pat Meaney, forty-one, of Philadelphia. The fictive Meany’s made-up age gave him the specious distinction of being the oldest rookie ever to debut in the majors, till forty-two-year-old Satchel Paige joined Cleveland in 1948.

I just wish I had been in the stands last August when Kauffman read a Charles Bukowski poem to the fans between innings. Perhaps he can be persuaded to reprise the performance this summer.

Video: Ramble in your face

By Philip Anselmo

We spotted a series of videos on YouTube courtesy of Kay MacMahon who armed herself with a camera and pretty much got in people's faces at the Ramble Music & Arts Fest last month. There are four videos in her "candid" series. They're a lot of fun at times. You can catch them all at the site. For now, here's a taste. This is the first video in the series.

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