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Attorneys in Antwan Odom case bicker in court over statements to reporters

By Howard B. Owens

In the case of the People v. Antwan Odom, the District Attorney wants the defense attorney to shut up -- at least when it comes talking to reporters -- and the defense attorney wants the DA disqualified from the case.

In other words, the case of the People v. Antwan Odom has been reduced to two attorneys squabbling about what happens outside the courtroom.

The attorney vs. attorney dispute dates back to May 3 when Odom's attorney Frank Housh told reporters that he would defend his client by trying to show jurors that the fellow student Odom allegedly stabbed on Ross Street on Aug. 4.

In court on May 3, Housh said he intended to file a motion to get evidence introduced, in order to mount a self-defense claim, that impeached the character of Ray Leach, the local football star Odom allegedly cut with a knife multiple times, so outside of court, reporters asked him to clarify his motion.

"The fact that Ray Leach is known in the community to be a violent person, to be a confrontational person, who confronted (Odom) -- by the prosecution's own admission -- he was the first aggressor," Housh said outside of court on May 3. "He went to my client's house and called him out and beat him into unconsciousness.

"So, under those circumstances, to say, when the prosecution is admitting that he was the first aggressor, to say that his history of violence and intimidation is irrelevant is simply absurd. We should be able to bring that up because it goes to the circumstance of his justification."

District Attorney Lawrence Friedman included the quote in a May 8 filing with the court requesting a gag order on both attorneys in the case.

In court today, Housh also revealed that Friedman filed a grievance against Housh with the state courts for "unprofessional conduct."

"Now I feel there is a parallel prosecution by the elected District Attorney of me and my client," Housh said. 

He said that raises a sufficient conflict of interest that Friedman should be disqualified from continuing as the prosecutor on the case.

That motion was continued until Odom's next court appearance on July 2.

Friedman, according to court discussions today, filed a one-sentence objection to the motion for disqualification.

Today, Friedman complained to Judge Charles Zambito that Housh was trying to get him disqualified from the case for following through on his ethical obligation to file a grievance over what he saw as unprofessional conduct.

Friedman said that as far as he knows nobody is prosecuting Housh and that he is not prosecuting Housh by following his "ethical obligation to report ethical misconduct."

"He says I'm seeking his disbarment," Friedman said. "I'm not seeking his disbarment. I followed through on the ethical obligation I have. All I wish to do is make sure he is able to remain professional and does nothing to violate professional conduct."

In his filing with the court, Friedman asserted that Housh's statements about Leach violated the rules of professional conduct, specifically the rule that prohibits attorneys from making statements could prejudice a jury, including statements relating to the character or credibility of a witness.

In the Order to Show Cause, Zambito ordered Housh and Friedman to show why they shouldn't be barred from "making statements to the media regarding anything involving this case."

The Batavian has filed a memo with Zambito objecting to the order. While judges in criminal cases can restrict what attorneys can say to the media, such orders, according to prior case law, can't be overly broad; can't apply to parties other than the attorneys in the case; and should consider how much time before the trial the statements are made.

In addition, both attorneys can use the jury selection process to identify potential jurors who should be disqualified because media exposure has tainted their view of the case. 

Gag orders can act, courts have found, as a form of prior restraint (the government censoring speech before the speech is made), which violates the First Amendment. 

While cases such as Gentile v. State Bar of Nevada have given courts leeway to restrict speech by attorneys because of their special access to information, in order to issue a gag order, courts have ruled that: a judge must make specific findings; consider less drastic alternatives; and narrowly tailor the order to address identified harm.

(For support of statements about gag orders in this story, see this brief filed by attorneys for the Reporters Committee for Freedom of the Press in another criminal case).

Courts have repeatedly found that a free press is essential to ensure fair trials, as in the 1965 case, Sheppard v. Maxwell.

"A responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field," the Supreme Court said in its ruling. "The press does not simply publish information about trials, but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny.’’

In CBS Inc. vs. Young, a case that vacated a gag order, the court found that the newsgathering rights of a free press extend beyond the courtroom to include access to sources and court documents.

Asked to comment on the gag order by Zambito, an attorney for the Reporters Committee for the Freedom of the Press, Sarah Matthews, provided the following statement:

Although courts may restrict what attorneys can say about a case outside the courtroom, it raises First Amendment concerns when courts issue broad gag orders on attorneys that go beyond what the ethics rules require and actually bar any discussion of a case.

Meanwhile, Housh has shown he's fearful of even being seen nodding in the direction of a member of the press since Zambito issued the Order to Show Cause.

A few days after the order was delivered, a reporter ran into Housh at a local restaurant and Housh made it clear he didn't want to be seen talking to the reporter, and today when that reporter entered the courtroom and gave Housh a friendly wave, Housh shook his head as if to say, "don't even wave at me."

Empire State Development announces investment in Tompkins Metal Finishing

By Billie Owens

Press release:

Empire State Development (ESD) today announced its investment in the continued growth of Tompkins Metal Finishing Inc. located in Batavia, Genesee County.

As part of the industrial plating company’s modernization project, it has installed a state-of-the-art wastewater treatment and recycling system at its Apollo Drive location.

The updated system will reduce water usage by as much at 80 percent. The facility upgrade will allow the company to add another shift, resulting in the creation of up to 10 new jobs; 100 jobs will be retained, 30 of which had been at risk.

Empire State Development President, CEO & Commissioner Howard Zemsky said, “Tompkins Metal Finishing’s decision to continue its expansion in Genesee County reflects the success of our strategic support for growing and revitalizing the Upstate economy, especially by adding jobs and opportunity.”

To help ensure Tompkins Metal Finishing Inc. continued success, ESD is providing the company with up to $150,000 through the Excelsior Jobs Program in exchange for job creation commitments. Tompkins Metal Finishing Inc. is investing $900,000 in the facility upgrade which they expect to be completed by the end of this year.

Tompkins Metal Finishing Inc. President Allen Tompkins said, “Without this tax credit it would have been much more difficult to invest the $900,000 in our state-of-the-art wastewater treatment and water recycling system. This new system and the investment from ESD will allow us to continue our growth in Genesee County and will allow us to recycle our water for years to come.”

Established in 1955, Tompkins Metal Finishing Inc. is operating in a new state-of-the-art 65,000-square-foot facility. In addition to offering its customers high-quality products, Tompkins Metal Finishing Inc. owns a fleet of trucks, allowing them to deliver those products efficiently to customers throughout Western New York. They service clients in the aerospace, communications, transportation, electronics, optical, medical, machine, defense and protype fields.

State Senator Michael H. Ranzenhofer said, “It is always great to see new jobs being created. The investments that the State is making in our community to grow new manufacturing jobs is crucial. I am appreciative of the commitment that Tompkins Metal Finishing Inc. is making to Genesee County.”

State Assemblyman Stephen Hawley said, "Tompkins Metal Finishing has been a hallmark business in our community for many years and I am pleased to witness their further expansion that includes renewed efforts toward improving environmental stewardship.

"The Finger Lakes Region is on the rise, and I commend any company or organization, which creates jobs and contributes to our overall success as Tompkins Metal Finishing has done for many years. I look forward to touring their new state-of-the-art wastewater system and wish them the best of success moving forward.”

City Council President Eugene Jankowski Jr. said, “It’s exciting to see a long-established company like Tompkins Metal Finishing Inc. continue to grow and invest in Batavia. Not only are they creating new jobs they’re also protecting our fragile environment in the process. I commend Tompkins Metal Finishing for their forward thinking and continued commitment to the community!”

Steven G. Hyde, GCEDC President & CEO, said, “The investment being made by Tompkins Metal Finishing demonstrates their commitment to building high-quality industrial plating products, and high-quality careers in Genesee County. This investment reinforces that Governor Cuomo’s strategy and plan to grow manufacturing jobs and capital investments to the Finger Lakes region is working. We want to thank Tompkins Metal Finishing for their continued investment in our community.”

For more information about Tompkins Metal Finishing Inc., click here.

Accelerating Finger Lakes Forward

Today’s announcement complements “Finger Lakes Forward,” the region’s comprehensive blueprint to generate robust economic growth and community development. The State has already invested more than $6.1 billion in the region since 2012 to lay the groundwork for the plan – investing in key industries including photonics, agriculture‎ and food production, and advanced manufacturing.

Today, unemployment is down to the lowest levels since before the Great Recession; personal and corporate income taxes are down; and businesses are choosing places like Rochester, Batavia and Canandaigua as a destination to grow and invest in.

Now, the region is accelerating Finger Lakes Forward with a $500 million State investment through the Upstate Revitalization Initiative, announced by Governor Cuomo in December 2015. The State’s $500 million investment will incentivize private business to invest well over $2.5 billion – and the region’s plan, as submitted, projects up to 8,200 new jobs. More information is available here.

GC 4-H Program seeks volunteer judges for this year's fair

By Billie Owens

Press release:

The Genesee County 4-H Program is seeking volunteer judges for the following events at this year’s Genesee County Fair:

  • Kennedy Building Exhibits: Judging times are Friday, July 12th, 5 to 7 p.m. and Saturday, July 13th, 10 a.m. to 4 p.m. Two-hour time slots are available on July 13th. Volunteer judges receive a fair parking pass and meal coupon. No experience is necessary! Exhibits may include: crafts, artwork, photography, sewing, baked goods, horticultural projects and more!
  • 4-H Livestock Costume Contest -- Saturday, July 13 at 6 p.m. 4-H’ers will be dressing their project animals up in fun costumes & accessories; help us decide who is the most creative, most humorous, has the best craftsmanship, the best team, and overall champion!

Interested in helping? Contact the 4-H Office for more details 343-3040, or email genesee4h@cornell.edu

Law and Order: Holland Avenue woman accused of trying to withdraw $1,500 from person's bank account

By Billie Owens

Cassidy Jane Hackett, 21, of Holland Avenue, Batavia, is charged with fourth-degree attempted grand larceny. It is alleged that at 1:23 p.m. on May 9 that Hackett attempted to withdraw $1,500 from a person's bank account. She was arraigned, released on an appearance ticket and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Jessica Nicole Weiss, 28, of West Main Street Road, Batavia, is charged with petit larceny and endangering the welfare of a child. Weiss was arrested after allegedly stealing merchandise from Walmart at 2:29 p.m. on June 10 while her 8-month-old son and 3-year-old daughter were with her. She was issued an appearance ticket for June 27 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

College president tells Ways & Means that Excelsior Scholarship is flawed, resulting in lower enrollment

By Lauren Leone

Genesee Community College President James Sunser made clear the college’s frustration with the New York State Excelsior Scholarship.

Last Wednesday, the Ways & Means Committee was surprised when Sunser told them, “The Excelsior Scholarship did not help us … It’s a very stringent program. If students don’t make the grade, they lose it forever.”

Sunser spoke about the strings attached to the award. Excelsior recipients must meet minimum grade requirements and plan to reside and work in-state for the length of time they received the scholarship. Otherwise, their awards revert to costly loans.

“The way that the Excelsior program works is that when you hit the income threshold, you get that tuition paid,” Sunser explained.

In other words, students with families earning gross incomes of $125,000 or less can receive full tuition to SUNY two- or four-year colleges.

According to Sunser, “When you tell a family that’s making $125,000 that you can go to any of these institutions that’ll accept you, then that becomes a problem” because students tend to choose four-year schools rather than local community colleges.

The declining population and smaller graduating high school classes in Upstate New York have also reduced GCC enrollment, therefore revenue. Between Fall 2017 and Fall 2018 alone, the undergraduate enrollment at GCC dropped from 5,900 to 5,530 students.

These numbers beg the question of whether the Excelsior Scholarship actually brings in more students to enjoy county and college investments. GCC leaders say the answer is no.

The lower enrollment factored into the 2019–20 GCC annual budget, which will increase slightly, .01 percent ($4,000) to approximately $40.2 million.

This year, the college is seeking additional local support, which has remained flat since 2015-16:

  • A $50,000 increase in annual county support to GCC;

  • A one-time $100,000 allocation for the college's Criminal Justice and Veterinary Tech surgical labs.

The Ways & Means Committee voted in favor of setting up and conducting the required public hearing on the college's budget request, at a date to be announced later.

At its next meeting at 4:30 p.m. on June 19, the two-part funding request will be discussed by the Ways & Means Committee.

Sunser said GCC will raise its full-time tuition by $100 per semester, totaling $4,350. Students should also be aware that there will be a $10 increase per credit hour for part-time student tuition, which totals $180 per credit hour.

He said he hopes the fact that GCC is one of the most affordable options among area community colleges is enough to counter the downfalls of the Excelsior Scholarship and draw students back to higher education in Genesee County.

Batavia man accused of Speedway robbery enters guilty plea

By Lauren Leone

Daryl Leach agreed to a plea deal this afternoon in Genesee County Court after being charged with the Feb. 26 robbery of the Speedway at Oak and Main streets, Batavia.

The 38-year-old Batavia resident entered a guilty plea to robbery, 3rd, and faces two to four years in prison.

Leach was found by investigators at a location on Swamp Road after the alleged robbery and was taken into custody.

Leach will be sentenced as a second-felony offender due to previous conviction and incarceration.

Judge Charles Zambito scheduled sentencing for 9:15 a.m., July 16, in Genesee County Court.

MMA action Saturday at Batavia Downs -- Justin Bieber and Tom Cruise invited to spar, but unlikely to go for it

By Billie Owens

Press release:

Representatives from Batavia Downs and Ground Force Fights today announced they will be holding a spot in Saturday’s MMA card at Batavia Downs for the Canadian pop star and American movie star to settle their differences in the cage.

On June 9th, Justin Bieber Tweeted; “I wanna challenge Tom Cruise to fight in the octagon. Tom if you dont take this fight you're scared and you will never live it down. Who is willing to put on the fight?”

Richard Mitchell, owner of Ground Force Fights, responds by saying: “We would welcome both Justin and Tom to compete at Throwdown at the Downs 2.0. Fights begin at 6 p.m. and we’d be happy to fit them onto the card whenever it’s convenient for them, given their busy schedules.”

It is unknown at this time why the 25-year-old Bieber decided to challenge the 56-year-old Cruise to the bout.

“Mr. Bieber hails from London, Ontario, while Mr. Cruise was born in Syracuse, New York,” said Ryan Hasenauer, director of Marketing for Batavia Downs. “Batavia is a perfect place for them to meet in the middle to settle whatever this beef is about.

"Batavia has an airport where both celebrities and any entourages can fly in. If they call ahead we can even send our Batavia Downs Shuttle Bus to pick them up.”

Regardless of whether Bieber and Cruise make an appearance, tickets are on sale now for Throwdown at the Downs 2.0 atbataviaconcerts.com.

Doors open at 4:30 p.m.; event starts at 6 p.m. Tickets are $35 for General Admission and $55 for VIP seats closer to the cage.

Lawn chairs (which are normally permitted for other Batavia Downs events) are NOT permitted for this event. There will be limited chairs and bleacher seating available.

Each concert ticket is also redeemable once at Player’s Club in the three days following the event for $15 Free Play to be used on one of Batavia Downs Gaming’s 800+ gaming machines.

About Batavia Downs/WROTB

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia. WROTB owns and operates 17 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility.

Since its inception, Western Region OTB has generated more than $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

About Ground Force Fights

Ground Force Fights is an amateur mixed martial arts organization based in Western New York. We aim to give the public some of the most exciting talent and amateur mixed martial arts shows. They strive to be the best for not only fighters, but fans as well.

Athletes Edge 13U travel baseball team wins two championships in Rochester

By Billie Owens

Above, photo from May 27 game.

Submitted photos and press release:

The Batavia boys 13U baseball travel team has competed in weekly baseball tournaments in Rochester. The last two weeks they won both tournaments, on May 27 and on June 10, winning four games to reach the winner's circle.

The travel team is called Athletes Edge and they have two age groups: 10-year-olds and 13-year-olds.

Below, photo from June 10 game.

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Big Rummage Sale at Northgate church's South Campus will benefit Rwandan school and All Babies Cherished

By Billie Owens

Proceeds from an upcoming Rummage Sale will be donated to Northgate’s "Connected Community" School in Gahanda, Rwanda, Africa, shown above, as well as Batavia's All Babies Cherished.

Submitted photos and press release:

A few months ago, the pastors at Northgate Free Methodist Church gave a series of messages based on a book by Rick Warren titled, “40 Days of Community.”

The book outlines five purposes for people to fulfill in community with other people -- people within your church family, small groups and in the world around you.

Warren calls the readers to "reach out" and "serve together." So, in response to that call, some of the people who attend Northgate felt led to organize and facilitate a Rummage Sale that will be hosted at Northgate’s South Campus, located at 350 Bank St., Batavia.

Donations will be collected, sorted, and priced accordingly, all by a volunteer group out of Northgate.

The sale will take place Friday, June 21st from 9 a.m. - 6 p.m. and Saturday, June 22nd from 8 a.m. - 12 p.m. There will be refreshments available at the sale.

ALL proceeds from this Rummage Sale will be donated to Northgate’s "Connected Community" School in Gahanda, Rwanda, Africa, a school which aids 1,200 children within the area, as well as the Batavia-based charity All Babies Cherished.

Please consider joining Northgate for this sale and contributing to the important work that these charities do.

For further information, please visit northgatefmc.com, contact the Northgate office at (585) 343-4011 or email office@northgatefmc.com.

Below: Smiling faces of children at Northgate’s "Connected Community" School in Gahanda, Rwanda, Africa.

City Council president endorses Durin Rogers for full-time Batavia City Court judgeship

By Billie Owens

Submitted video clip and press release:

Batavia City Council President, retired Batavia Police Lieutenant, and competitive shooter Eugene Jankowski Jr. recently announced his strong endorsement of Durin Rogers for Batavia City Court judge.

In an endorsement video filmed at a local shooting range that was released Monday, Jankowski said, “I’m a retired police officer as well as a sponsored competitive shooter. Public safety as well as the U.S. Constitution are very important to me.

"I’ve known Judge Durin Rogers for many years and he’s always been very thorough and very judicious when it comes to the rule of law. I fully endorse him for City of Batavia Court Judge.”

Jankowski has been a lifelong local public servant, retiring as a lieutenant from the Batavia City Police Department after 34 years of service to the community. Jankowski continues his dedication to Batavia currently serving as the City Council president.

Rogers, who currently serves as part-time Batavia City Court judge, has already earned the endorsements of: the current and former County Social Services commissioners; the current and former County Sheriff; the current program coordinator and former director of Genesee Justice; the City of Batavia Republican Committee; the Genesee County Conservative Committee; and many other citizens and businesses.  

Law and Order: Man accused of screaming sexual obscenities, making sexual gestures to public then threatening to shoot cops

By Billie Owens

John J. Saddler, 31, no address provided, is charged with disorderly conduct with obscene sexual language and gestures. It is alleged that at 10:51 a.m. on June 7 on Jerome Place in Batavia that Saddler was observed outside screaming sexual obscenities and making sexual gestures toward the public. He was arrested and released on an appearance ticket and is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Peter Post. While officers were attempting to speak with Saddler about the disturbance he allegedly caused moments earlier, he became belligerent and allegedly said he was going to shoot Batavia city police officers. He was then charged with second-degree harassment and is also due to answer that charge on June 11 in city court. Batavia Police Officer Peter Post handled the incident, assisted by Officer Miah Stevens.

Sean M. Madigan, 33, of Collegeview Drive, Batavia, is charged with forcible touching and unlawfully dealing with a child. Madigan was arrested after an investigation of an incident which occurred at a restaurant in the Home Valu Plaza on West Main Street Road in Batavia at 6 p.m. on Dec. 27. It is alleged that while he was working at the restaurant, he subjected an employee to unwanted physical contact and provided alcohol to subjects under age 21. After his arraignment in Batavia City Court, he was issued an appearance ticket and is due back in court on June 18. The case was investigated by Batavia Police Officer Kevin DeFelice.

Carlton L. Beardsley, 24, of West Main Street Road, Batavia, and Brittany M. Smith, no age or address provided, are charged with obstruction of governmental administration. It is alleged that at 4:08 p.m. on June 3 on West Main Street in Batavia, that they fought with police while police were investigating a reported assault that had occurred on West Main Street. They are due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Jason Davis.

Shaneeka R. Wroten, 26, of Ellicott Street, Batavia, is charged with petit larceny. Wroten was arrested on East Main Street in Batavia at 6:53 p.m. on June 6 after allegedly proceeding beyond the point of sale at a local store without paying for merchandise. She was issued an appearance ticket and is due in Batavia City Court on June 18. The case was handled by Batavia Police Officer Stephen Quider.

Jessica M. Pfenninger, 36, is charged with petit larceny. She was arrested at 12:41 p.m. on June 6 after police investigated a shoplifting complaint at Dollar General on East Main Street in Batavia. Pfenninger was issued an appearance ticket and is due in Batavia City Court on June 18. The case was handled by Batavia Police Officer Peter Post.

Crystal M. Bouter, 30, of Church Street, Medina, is charged with failure to appear in court on April 3. She was arrested on a warrant and issued an appearance ticket for June 11 in Batavia City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Official White House announcement of Medal of Honor for Batavia resident David Bellavia

By Howard B. Owens

Official announcement:

On Tuesday, June 25, 2019, President Donald J. Trump will award the Medal of Honor to David G. Bellavia for conspicuous gallantry while serving as a Staff Sergeant in the United States Army.

Then-Staff Sergeant David G. Bellavia will receive the Medal of Honor for his actions on November 10, 2004, while serving as a squad leader in support of Operation Phantom Fury in Fallujah, Iraq. Then-Staff Sergeant Bellavia was clearing a block of houses when his platoon became pinned down. He quickly exchanged an M16 rifle for an M249 Squad Automatic Weapon, entered the house where his squad was trapped, and engaged insurgents, providing cover fire so that he and his fellow soldiers could exit safely. A Bradley Fighting Vehicle arrived to help suppress the enemy, but it could not fire directly into the house. Then-Staff Sergeant Bellavia reentered the house, armed with an M16, and assaulted insurgents who were firing rocket-propelled grenades. He proceeded to kill one insurgent and wound another, who then ran to another part of the house. Then-Staff Sergeant Bellavia was soon engaged by another insurgent rushing down the stairs when the previously wounded insurgent reemerged to engage him as well. Then-Staff Sergeant Bellavia returned fire, killing both attackers. He then took enemy fire from an insurgent who had appeared from a closet across the room. He pursued him up the stairs and killed him. Soon thereafter, he moved to the roof where he engaged and wounded a fifth insurgent, who fell from the roof of the building. That remarkable day, then-Staff Sergeant Bellavia rescued an entire squad, cleared an insurgent strongpoint, and saved many members of his platoon from imminent threat.

PERSONAL BACKGROUND:

David Bellavia enlisted in the United States Army in 1999. After previously serving in Kosovo, he deployed to Iraq in 2004 with Company A, Task Force 2-2, 1st Infantry Division. He was released from duty on August 16, 2005. David now has his own daily radio talk show for WBEN in Buffalo, New York. He continues to serve the military and veteran communities through a number of philanthropic organizations.

ADDITIONAL INFORMATION
THE MEDAL OF HONOR:

The Medal of Honor is awarded to members of the Armed Forces who distinguish themselves conspicuously by gallantry and intrepidity at the risk of their own lives above and beyond the call of duty while:

  • engaged in an action against an enemy of the United States;
  • engaged in military operations involving conflict with an opposing foreign force; or
  • serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

The meritorious conduct must involve great personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life. There must be incontestable proof of the performance of the meritorious conduct, and each recommendation for the award must be considered on the standard of extraordinary merit.

Batavia's Lily Hamill named to President's List at SUNY Potsdam

By Billie Owens

POTSDAM -- Lily Hamill, of Batavia, was recently named to the President's List at the State University of New York at Potsdam.

Hamill, whose major is Literature/Writing, was among 909 SUNY Potsdam students who were honored for academic excellence in the Spring 2019 semester. College President Kristin G. Esterberg, Ph.D., recognized the students for earning top marks.

To achieve the honor of being on the President's List, each student must have satisfactorily completed 12 numerically-graded semester hours, with a grade point average of 3.5 or higher.

About SUNY Potsdam:

Founded in 1816, The State University of New York at Potsdam is one of America's first 50 colleges -- and the oldest institution within SUNY. Now in its third century, SUNY Potsdam is distinguished by a legacy of pioneering programs and educational excellence.

The College currently enrolls approximately 3,600 undergraduate and graduate students. Home to the world-renowned Crane School of Music, SUNY Potsdam is known for its challenging liberal arts and sciences core, distinction in teacher training and culture of creativity. To learn more, visit http://www.potsdam.edu.

Five local students on spring dean's list at Clarkson University in Potsdam

By Billie Owens

POTSDAM -- The following local students have been named to the dean's list for the spring 2019 semester at Clarkson University:

Kristian Bank, of Darien Center, a Mechanical Engineering major.

Hannah Bowen, of Batavia, a Psychology major.

Logan Cadieux, of Oakfield, a Mechanical Engineering major.

Zachary Dusky, of Basom, a Mechanical Engineering major.

Jacob Perez Gangi, of Elba, a Civil Engineering major.

Dean's list students must achieve a minimum 3.25 grade-point average and also carry at least 14 credit hours.

Clarkson University educates the leaders of the global economy. One in five alumni already leads as an owner, CEO, VP or equivalent senior executive of a company. With its main campus located in Potsdam, N.Y., and additional graduate program and research facilities in the Capital Region and Beacon, New York, Clarkson is a nationally recognized research university with signature areas of academic excellence and research directed toward the world's pressing issues.

Through more than 95 rigorous programs of study in engineering, business, arts, education, science, and the health professions, the entire learning-living community spans boundaries across disciplines, nations, and cultures to build powers of observation, challenge the status quo and connect discovery and innovation with enterprise.

Video: The American Legion's 100th Anniversary picnic in Centennial Park

By Howard B. Owens
Video Sponsor
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Glenn S. Loomis Post 332, Batavia American Legion, celebrated its 100th Anniversary on Saturday in Centennial Park.

Three GC students named to SUNY Canton dean's list this spring

By Billie Owens

CANTON -- Students are being recognized for earning dean's list honors during the spring 2019 semester at SUNY Canton.

"On behalf of the college's deans, I congratulate all of our honor students for their exceptional commitment to their SUNY Canton education," said SUNY Canton President Zvi Szafran. "This achievement serves as a milestone on their successful journey through college." 

Dean's list recognizes full-time students who have earned a GPA between 3.25 and 3.74. All honors are a mark of distinction and recognition of outstanding academic efforts and scholarship.

Students who earned Dean's List honors include three students from Genesee County: 

  • Dominique J. Johnson, of Batavia, who is majoring in the SUNY Canton Management program.
  • Shea Norton, of Batavia, who is majoring in the SUNY Canton Criminal Investigation program.
  • Kyley Pascarella, of Byron, who is majoring in the SUNY Canton Management program.

About SUNY Canton

SUNY Canton is Northern New York's premier college for career-driven bachelor's degrees, associate degrees and professional certificate programs. The college delivers quality hands-on programs in digital design, engineering technology, health, management and public service.

Faculty members are noted for their professional real-world experience in addition to outstanding academic credentials. As SUNY's leader in online education, SUNY Canton OnLine offers hundreds of flexible and convenient courses as well as 18 online degree programs.

The college placed first in 14 categories in a SUNY-Wide Student Opinion Survey, most notably in career services, tutoring, library resources, and classroom facilities. The college's 15 traditional athletic teams compete at the NCAA Division III level as part of the North Atlantic Conference. SUNY Canton also offers varsity esports and cheerleading. For more information, visit www.canton.edu.

Batavia baseball, cigarettes, excelsior, and the back of a police car

By David Reilly

(Photo circa 1958. That’s Dave Reilly sliding and his infamous pal Charlie making the "safe" sign.)

This year Batavia will be celebrating 80 years of baseball. Through the names Clippers, Indians, Pirates, Trojans, back to Clippers, and since 1998 the Muckdogs, the local team has provided adults and kids with a source of entertainment during the summer.

It also indirectly affected me ending up in the back of a police car about 60 years ago.

In the late '50s and '60s when I was about 10 to 15 years old (before girls), baseball was king with my friends and me.

In the daytime in the summer we would constantly be on our bikes with our bats and mitts riding all over looking for a place to play ball. One of our favorite places was the Little League park on State Street, which was deserted during the day and another field right by MacArthur Stadium where the Indians (as they were called from '57-'59) played.

We had a group of our guys and there was another ”gang” who lived in the stadium area who we would play for bragging rights.

As long as we were near the Indians' field we would go there when the team was at home and see if we could talk to, get autographs from, or maybe even score a broken bat from our heroes. The “heroes” were in reality 21- or 22-year-olds who had slim chances of getting to the majors, but they were still gods to us.

In 1957 the star was Ken Kraynak, who led the league in batting average, home runs, and runs batted in and thus won the Triple Crown trophy. We had an in with him, too, because for the summer he was dating my buddy Charlie's older sister.

In 1959 the “man” was Al Luplow, who went on to spend nine years in the major leagues. Once again, Charlie stood out but this time for the wrong reason.

Luplow was there in the clubhouse the afternoon Charlie mouthed off to some kid and got his arm broken. Al tried to comfort my friend who was screaming in pain until the ambulance got there. At least Charlie got his cast autographed by most of the players, but he never did learn to keep his yap shut.

When we were younger, 10 to 12 years old, we might have been allowed to walk to the game, but one of our parents would usually pick us up afterward.

Batavia Baseball Bargain -- the 'Knothole Pass'

Also, we would most likely sit in the grandstand section and watch the whole game. We were there for the baseball.

Back then, they had a season ticket for kids called a “Knothole Pass.” It cost one dollar and was good for almost every game. We sure got our money's worth out of that.

I guess the team figured they would make up the money by us kids buying the proverbial peanuts, popcorn and Cracker Jacks. I rarely had any money though, so they lost out on me. Also, I hated Cracker Jacks and still do.

In 1960 Batavia did not field a team due to financial problems. I'm not sure what we did with our summer nights that season, but it probably involved whining at our parents that, “There's nothing to do in this one-horse town.”

However, in 1961 the team returned as the Pirates and we returned as teenagers and some of the shenanigans that come with that wonderful age came with us.

Our parents didn't know it (do they ever?), but now we were likely to spend more time fooling around outside the stadium than in it. Also, we would more apt to be in a group of guys and the monster of peer pressure was lurking around to rear its ugly head.

One of our obsessions was trying to get a foul or home run ball that was hit out of the stadium.

But, in those days, minor league teams had no money to keep replacing expensive baseballs. So, they hired a few teenagers to go get the balls and return them to be used again.

Now, I'm not saying that the team intentionally hired mean bullies for that job, but it sure seemed that way to us younger kids. 

The teenagers were faster than us and mostly got to the balls before we could. But, on the few occasions when we actually snagged a foul or homer before them, let's just say that they didn't ask in a polite way to get it back.

We'd usually submit pretty easily, but if not we might go home with dirt on our clothes or a bruise somewhere. I do not recall ever getting to keep one of those baseballs.

Around that time, like many young teens, we began to get daring and try to smoke cigarettes. Of course, even though many of our parents smoked, we'd be in big trouble if they caught us doing it: "Do as I say, not as I do."

Acts of Derring-do

So, we couldn't smoke inside at the game because someone might see us and tell mom and dad. In fact, one time in elementary school I had a candy cigarette (there's a great product for kids) in my mouth outside and by the time I got home, my mom had gotten a call that I had been smoking!

So, if we wanted to sneak a cigarette we'd have to hide outside somewhere. One night, this is what got us into a bunch of trouble.

Behind the center field fence of MacArthur( now Dwyer) Stadium was a stone structure everyone called the Civil Air Patrol Building.

Apparently, during World War II, volunteers used be stationed there with binoculars to keep an eye out for German bombers who wanted to take out the Doehler-Jarvis Tool and Die factory or some other Batavia target.

By 1961 it was pretty much deserted except for men's and ladie's restrooms, which were kept open for people in the park area. 

(Author's Note: I was surprised on a recent visit to Batavia to find the old building still standing, albeit in ragged shape and marred by graffiti.)

My friends Charlie (yup, him again), Jay, Mike, and I were in the vicinity of the Civil Air Patrol Building during a Pirates' game. We were most likely once again on a futile mission to get a home run or foul ball.

At some point we went into the men's room to sneak a smoke. We were such chickens to get caught that we even shut the door. But, since the building was really not in use, there were no lights and this is where someone, maybe me, came up with a completely idiotic idea.

Enter Excelsior

In another open but unused room there were some old, cushioned chairs. They had either fallen apart or been vandalized so the stuffing of the cushions was hanging out.

We must have had a good vocabulary because we knew this straw filling was called "excelsior," a word that becomes important in this tale later on.

We took some handfuls of the excelsior back to the men's room, lit it on fire for light, shut the door, and commenced to fire up our Winstons or whatever brand we had. 

With no ventilation, within seconds the room filled with dense acrid smoke.

Not wanting to suffocate we had no choice but to throw open the door and exit posthaste while choking and coughing. As we regained our breath the gagging turned to laughter at ourselves as we realized how dumb we had been.

This hilarity did not last long.

We went back inside to stomp out the now smoldering straw, but didn't realize that the plumes had been seen by people inside the stadium at the game.

As we exited again, we looked up to see a Batavia City Police car speeding across the grass toward us. It turned out that a Batavia policeman (who shall remain nameless) had stopped at the game on his patrol and had seen the smoke, too.

What would you do if you were 13 or 14 and saw a police car coming after you? Of course -- RUN!

I'm not sure where the other guys bolted to, but I took off for a huge junkyard nearby. I spotted a rusted out delivery truck and hid inside.

I cowered there trembling like a kitten in a dog kennel. After a few minutes I got up the courage to peek out. There stood the cop with an annoyed look on his face.

“C'mon kid,” he said, “and don't even try running again. Your buddies are in my car already.”

Busted, I hangdoggedly trudged to the cruiser.

Meanwhile, Back at the Police Station...

As we sat in the police car sweating, we asked the officer what was he going to do with us?

“You're going to the station and the desk sergeant can decide how to deal with you,” he replied. “You know you could be charged with arson for setting that straw on fire.”

Then big mistake number two happened.

Someone, and it definitely wasn't me it was Charlie who said, 'It's not straw, it's excelsior.”

“Seltzer?”, the cop asked? “What the heck are you talking about? I know straw when I see it, and I'd advise you to shut up before you get in more trouble than you're already in.”

Charlie eventually became a lawyer, but in this instance he was ruled out of order.

Upon our arrival at the station on School Street, mistake number three occurred. As I exited the police car I tried to throw my pack of smokes underneath it.

They clunked off the side of the car and fell on the street just as the officer turned around.

“Nice try kid,” he snorted as he picked them up. 

Once inside, the desk sergeant saw us being herded in and asked the cop, “What were these guys up to?”

“I was at the baseball game and saw smoke coming out of the Civil Air Patrol Building," he reported. “I drove out there and these kids had been in there smoking cigarettes and set a bunch of straw on fire. They ran, but I got 'em,” he announced proudly.

“What have you guys got to say for yourselves?”, the sergeant asked.

Remember, Charlie couldn't keep his yap shut. With aplomb, he unbelievably inserted his foot into his mouth yet again: “Well sir, we were smoking but it was just a little fire. And it wasn't straw, it was excelsior.”

Wow. Fresh blood might be redder than the first cop's face, but that's doubtful.

Perp Walk for Rare Company

Mercifully, we did not get charged with arson. Our parents were called and had to come pick us up.

My parents almost never had company, but on this night a group of people were at our house and I had to do the perp walk through them to my parents' embarrassment.

For the next month my mother had me scrubbing walls, pulling weeds, and generally working from morning until night.

And Charlie's fate? His parents promptly enrolled him in military school in Syracuse instead of returning to Notre Dame.

It was questionable as punishment though; he went on to become a Captain and got to carry a sword around. It also served to add to his already big ego.

All of us had to go with our parents to see the Batavia Police Youth Officer Lewis Snell.

I'm not sure what admonitions he gave or what advice he might have given for our future, but it must have worked on some level because that turned out to be my last time in the back of a police car.

Unless I really go off my old guy wheels, I'm pretty sure things will remain that way, too.

Photos courtesy of Dave Reilly.

Below, Batavia's minor league baseball field as it was when Dave Reilly was a boy, circa 1958.

Below, the old Civil Air Patrol Building as it stands today; the site of the excelsior escapade.

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