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City school district asks families to pick learning model by Jan. 22 to ensure strong finish for the academic year

By Lauren Leone

The Batavia City School District is asking families to make a final selection of which learning model — in-person hybrid or 100-percent remote — they want for their children in preparation for the start of the second semester of the 2020–21 academic year amid the COVID-19 pandemic.

In a Jan. 13 statement from the district, Superintendent of Schools Anibal Soler Jr. requested that families submit changes to their students’ learning modalities by Jan. 22. He said that this deadline will afford the district enough time to make adjustments to academic programming and transportation services before the semester begins Feb. 1.

“It may not change our numbers a lot, but at least we know moving forward that that is the final in-person hybrid and the final remote rosters that principals could use to kind of lock in the rest of their year,” Soler said at Monday night’s Board of Education meeting.

Families that would like to select a different learning method for the semester should complete the second semester Learning Model Form for each child in their household who seeks the change. Requests for changes can also be made via phone call to students’ respective schools. Those who do not want to modify their students’ academic format do not need to take action.

This survey process aims to strengthen the teacher-student experience for both in-person hybrid learners and remote learning students. The statement said that this learning model selection will allow teachers and administrators to plan more effectively for a stable end to “a difficult and fluid” school year.

“We don't want to burn out our teachers because they've already flip-flopped so much in the way that they teach,” Board Member Tanni Bromley said. “So if they can have a consistent roster, it would be easier for them to decide how they're going to move forward.”

The district’s in-person hybrid students shift between receiving face-to-face and at-home online instruction based on the cohort they are in. All remote-only learners complete their classes entirely in a virtual setting. Board members said at Monday’s meeting that some families have switched between these models multiple times throughout the first semester.

“Consistency for the student is probably best, too, in that if a parent chooses one, then it would be best to kind of ride that out,” Board Member Shawna Murphy said. “Get them through this year and hopefully we won't even be dealing with this next year. But the flip-flopping for the kid isn't good either.”

As of Jan. 15, BCSD reported that 92 individuals, on or off campus, among its students, teachers and staff members are currently testing positive for COVID-19. The district’s statement noted that it may need to transition to 100-percent virtual instruction for all students if an issue related to COVID-19 arises during the second semester. 

BCSD previously switched to fully remote instruction from Dec. 7, 2020 to Jan. 4, 2021 because of staffing shortages related to a rise in positive COVID-19 cases among its students, teachers and staff, and throughout Genesee County. An influx of family requests to move children from hybrid to remote learning was cited as a challenge the district faced in the days leading up to this switch.

“All of our teachers are feeling burned out,” Soler said. “I mean it is tough to navigate this virtual and remote, and it's just a harder year. So our teachers are working like maniacs. They're planning. They're trying to prepare.”

Changes to instruction methods will take effect Feb. 1 and remain in place for the duration of the school year. However, according to the statement, a student’s school may contact parents and guardians at any time during the semester to suggest a modification to the child’s learning format to accommodate their academic needs.

In terms of exceptions to learning model commitments, Soler said he wants families to understand “that if there's a situation that comes about, that they would need to go through their principal first, prior to seeking approval to change, but that only extreme extenuating circumstances would be considered.”

A mandatory quarantine period does not alter the second semester learning method of an in-person hybrid student who tests positive for COVID-19 or has been in close contact with someone who receives a positive test result.

“If that child is quarantined, then he has to go out,” Board Member John Reigle said. “If they test positive, they're out for a certain period. But that person committed to in-person [instruction]. Once they're cleared, they can come back.”

Board members expressed optimism at Monday’s meeting about the sense of normalcy and ease of mind that the second semester learning model selection can potentially bring to everyone.

“To kind of know what's going to be happening for the rest of the school year in February, I think that's a good thing because it's kind of getting back to normal,” Murphy said. “Regardless of what you choose, it's going to stay the same.”

The next board meeting will be livestreamed at 6:30 p.m. Jan. 25 on the school district’s Board of Education YouTube channel.

'None of us like this budget' -- $1.2M gap means reduced city services and staffing

By Lauren Leone

In the coming weeks, Batavia City Council members will engage in a review process to finalize the city’s 2021–22 budget based on Interim City Manager Rachael Tabelski’s recommended cutbacks to municipal services amid COVID-19 financial challenges.

At Monday night’s City Council business meeting, Tabelski presented a proposed pathway to economic recovery that summarized city revenues and expenses. She said that despite her pride in generating a financially sound budget, it was difficult to put together a fiscal plan because of income losses related to pandemic shutdowns and the subsequent economic downturn.

“I can honestly say that none of us like this budget,” she said. “The restraints and restrictions forced upon us by reduced revenue and state aid will not allow the city to operate as business as usual. There are services that will need to be reduced or cut altogether if we are to achieve a budget within the tax cap.”

She said city budget shortfalls have been compounded by a projected 20-percent decrease -- $350,000 -- in aid and incentives for municipalities. State and federal relief measures have focused on providing businesses with loans and grants, and individuals with stimulus checks, unemployment benefits and eviction and foreclosure moratoriums.

“Within the latest stimulus bill that was passed, there was yet no aid to local governments,” she said. “There is potential for local government funding relief with the new administration, but at this time there are no guarantees and it is not reflected in the fiscal ’21–’22 budget.”

Resident service scalebacks include reduced staffing levels at the local police and fire departments, community policing, arts funding, academic development, special police details and community events. Administrative services, public works and government personnel expenditures will also experience significant cost reductions.

“Restorations of these services will ultimately depend on the economic recovery of the nation as a whole or re-examining priority services for the city,” Tabelski said.

Though cuts and hiring freezes have occurred across departments, increases in city employee wages and expenses, like Social Security and retirement costs, will leave a $1.2 million gap between revenue and expenditures in comparison to the previous fiscal year.

The prospective budget includes the layoff of an ordinance enforcement officer, a retirement incentive for a police officer and several unfilled jobs. Tabelski said the city remains committed to investment in workers compensation and health insurance, budgeted at $294,000 and $2.6 million, respectively.

The property tax rate increase is slated to be 1.38 percent, which would change the rate from $9.59 to $9.73 per $1,000 of taxable assessed value. This year, the city saw a $175,000 decrease in sales tax — its largest single source of annual revenue — and a general fund decline of approximately $800,000.

“The current conditions in the general fund are unsustainable,” Tabelski said. “Future budgets will depend on the ability of the economy ... to recover lost state aid, for us to find sources of revenue.”

Tabelski said the city should become less dependent on the fund balance, reserves and water fund revenue in budgets going forward. She suggested to council members that renovations to commercial and residential properties throughout the community could serve as valuable income streams.

“Despite these difficult economic times, the City of Batavia continues to see investment and economic development in terms of construction and building improvements,” she said. “There are many active developers looking at our city for market-rate housing projects that will draw new small businesses downtown.”

The interim city manager praised Batavia government leaders for their efforts and expressed confidence in their planning to deliver the services that city residents and employees require.

“I anticipate that our budget work sessions to follow will be extremely detailed and filled with proactive conversations so the city can achieve the budget that meets the needs of the organization, the employees and our residents,” she said.

In other action, City Council:

  • Endorsed a Batavia Business Improvement District application to the 2020 New York Main Street Anchor Grant for a multipurpose events and entertainment space. If awarded the state grant for up to $500,000, the funding would be used to renovate the external façade and interior of the Batavia Showtime movie theater at 6 Alva Place.

  • Approved a resolution that authorized Council President Eugene Jankowski Jr. to sign the amended Dwyer Stadium leasing agreement. This is a five-year agreement in which the Batavia Regional Recreation Corporation will lease the stadium to CAN-USA Sports LLC. 

  • Heard from City Attorney George Van Nest that local code enforcement deadlines are being delayed by the state legislature’s COVID-19 Emergency Eviction and Foreclosure Prevention Act. The act extends New York’s eviction moratorium until May 1 for tenants who have endured pandemic-related hardship.

The first budget work session will be held after the council’s next conference meeting at 7 p.m. Jan. 25 in the Council Board Room on the second floor of City Hall, followed by a second session Feb. 1.

Just Kings having positive impact on Batavia through volunteer efforts

By Lauren Leone

Batavia, New York, residents young and old donned Halloween costumes of all colors, shapes, and sizes at the Trunk or Treat event hosted by Just Kings Social Club, a newly formed racial justice group that advocates for community members of color. Outreach events like Trunk or Treat are part of the organization’s initiative to mobilize for criminal justice reform, a political issue at the forefront of the 2020 election.

Though the group is not affiliated with Black Lives Matter, Just Kings has shown its solidarity with nationwide police reform movements following the police killing of George Floyd in Minneapolis. Just Kings has organized outreach events like the June 7 “March for Justice” protest in downtown Batavia and Juneteenth “Teach Thy Neighbor” celebration at the YWCA of Genesee County.

Over 400 demonstrators attended the March for Justice, and the organization has received an outpouring of community support on its Facebook page. In addition to large gatherings, Just Kings works with those in need of financial assistance and emotional support on an individual basis. 

“From giving free haircuts and back-to-school bags to selling chicken barbecues to put on things like [Trunk or Treat], the community’s responded, and it’s been awesome,” said Just Kings member Otis Thomas. “They’re enjoying the movement, and we’re going to keep pushing forward and hoping for bigger and better things.”

Eventgoers spoke highly of the grassroots organizing work that Just Kings is doing to bring all Batavia and Genesee County, New York, residents into a cohesive discussion about racial justice.

“Every single member of Just Kings really has their heart put into this,” supporter MaKayla Armstrong said. “They’re really trying to make Batavia a better place, a safe place.”

Vocalizing Underrepresented Concerns About Police Reform

Three Just Kings members are on the City of Batavia Police Collaboration Advisory Stakeholder Group, a board of local leaders and residents tasked with reimagining the city’s policing practices. One of the original objectives of Just Kings was to join the board. Group members said it is meaningful to be engaged in dialogue with the Batavia Police Department.

“To be invited, to have a few of our members on that board, was a huge accomplishment for us, not for the clout but for the actual voice that we can have in the community,” Just Kings member Haven Armstrong said.

As one of the first community groups for people of color in Genesee County, which is a predominantly white, conservative region, Just Kings has been spearheading efforts to gain representation for Black and brown residents and confront the racial disparities that exist in local policing policies.

“We felt for years being from here and living here so long that our voice was kind of suppressed,” he said. “Having the members that we know that are out doing the right things or trying to make an actual reform happen … was huge for us and the community.”

Gaining Representation and Reform Through the Vote

Criminal justice reform has also been taking place at the polls. Encouraging voting among its supporters is a component of Just Kings’ work to educate youth and raise awareness of racial inequalities at the local level.

“When it all comes down to it, this is a good place to be,” Just Kings member Oraid Edwards said. “We want to prove that but, at the same time, make changes so that way equality spreads throughout.”

To facilitate those changes, Just Kings has shared voting resources with its supporters so they are informed about how to cast their ballots this election season.

“We believe the local government — your governor and your local things in your city — is what’s really going to matter for us right now,” Thomas said. “… Get out and vote. Push the [police reform] issue. If you’re 18 or over and you have that voice, use it.”

Lauren Leone is a journalism student at Ithaca College, a graduate of Batavia High School, and a former intern for The Batavian. This article originally appeared in Ithaca Week.

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Florence Nightingale Award celebrates Batavia VA nurse for work during COVID-19

By Lauren Leone

 June Haegele)

June Haegele, a longtime nurse for the VA Western New York Health Care System, received the Florence Nightingale Award on May 12 at the Batavia VA Community Living Center (CLC) for her dedication to keeping local veterans healthy amidst the coronavirus pandemic.

“It's an honor to be working with the veterans at the VA,” Haegele said. “And it was quite a surprise and a very appreciated honor for the staff to actually recognize me in that way.”

The Batavia VA has reported two positive COVID-19 cases, and Genesee County has experienced more than 170 confirmed cases throughout the coronavirus pandemic. Because nursing homes and assisted living facilities have been some of the hardest hit by COVID-19, Haegele’s work to prevent disease transmission earned her this award for exceptional nurses.

Named after Florence Nightingale, founder of modern nursing, this international honor is given to medical workers who reflect Nightingale’s achievements and legacy in infection and disease treatment. May 12 marked the 200th anniversary of Nightingale’s birth and the final day of National Nurses Week 2020. Nightingale awards are intended to highlight local nurses like Haegele who positively represent the nursing profession. 

“2020 is considered the Year of the Nurse in medical communities,” said Terry McGuire, public affairs specialist for the VA Western New York Health Care System. “To honor that, they [the Batavia VA] came up with this particular award. June was recognized for helping out with controlling infection, especially during this COVID crisis that we find ourselves in.”

Haegele was named the first recipient of the Batavia CLC Florence Nightingale Award, which is a new recognition at the Batavia VA that is modeled after the worldwide Nightingale honor. The Batavia CLC Florence Nightingale Award is expected to be given annually to local nursing professionals.

Surrounded by nurse managers during the nursing supervisor’s morning report, Haegele was presented with a certificate of appreciation and a lamp, which is symbolic of how Nightingale was the “Lady with the Lamp” while taking care of her patients in the 1850s.

“They just told me to come down to the morning meeting, and they surprised me with an award because I've been actually working very hard lately,” Haegele said. “The staff have been very supportive, and we've been working great as a team getting through what we're currently going through.” 

Haegele, who is a lifelong Batavia resident and graduate of Batavia High School, has served at the Batavia VA Medical Center for more than three decades. With the support of VA scholarships, she earned higher-education nursing degrees at Genesee Community College and Keuka College.

Haegele specializes in occupational health and infection prevention. She has recently been making rounds at the Batavia CLC on an hourly basis researching, mentoring and presenting policy and procedures from the Centers for Disease Control and Prevention.

“In the beginning, especially, things were changing hour by hour, day by day,” Haegele said. “You had to constantly be researching for any changes so you could keep everyone aware of the current recommendations. And I spent a lot of time educating and supporting the staff and ensuring that we were doing the right thing based on what they [the CDC] were recommending.”

The rapidly changing conditions of the public health crisis have meant that Haegel spends an extensive amount of time adapting safe infection control practices to ensure local VA residents and staff are isolated from the disease. According to a VA newsletter about the award, Haegele has contributed to the zero mortality rate at the Batavia facility.

“The nurses are responding with a united front in that residents are safe and provided a continuation of outstanding nursing care and using maximum safeguards for infection prevention,” said Evange Conley, public affairs officer for the VA Western New York Health Care System, via email.

Haegele said that she is passionate about working with veterans and that it was meaningful to her to be the first recipient of the Batavia CLC Florence Nightingale Award. She said she thinks the award is beneficial for staff members at the Batavia VA because it boosts morale and acknowledges their perseverance amidst the COVID-19 pandemic.

“I don't think any of us ever expected something like this to happen,” Haegele said. “It's been difficult to deal with this, but, on a very positive side, I just see a lot of great teamwork and collaboration. And it's stressful, but people are supporting each other. So it's really brought us together to do a good job based on the challenge that we're facing right now.”

Photo at top: June Haegele, left, received the first Batavia Community Living Center Florence Nightingale Award from Associate Chief Nurse Kathleen Padlick, right, on May 12 at the Batavia VA. Haegele earned the award for her hard work during the coronavirus pandemic. (Photo credit: June Haegele)

Closing statements in Liberty Street murder case followed by guilty verdict from jurors

By Lauren Leone

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.

The jury found that the defendant murdered Morgan with intent, meaning that Hanes did not need to have a motive or premeditate the murder to be culpable of the crime. The motive to commit the gruesome bludgeoning remained unknown at the conclusion of the trial.

District Attorney Lawrence Friedman and defense attorney Frederick Rarick both said in their summations that the identification of the individual biking in surveillance video footage around the time of the murder was key evidence. Jurors rendered their decision soon after reviewing the footage.

“The biggest element of this case is the identification of Richard Hanes as the person riding that bike,” Rarick said in his closing statement. “You cannot speculate that what you see in the evidence is Mr. Hanes.”

Rarick also argued that Batavia PD conducted an improper, incomplete investigation and focused exclusively on Hanes as the suspect. Rarick said law enforcement “did not take fingerprints or DNA from other individuals because they were just interested in Mr. Hanes.”

“I think justice is served today,” Batavia Police Chief Shawn Heubusch said after the verdict was read. “The jury made the correct decision. All of the facts in this case pointed to a conviction.”

In his closing argument, Friedman relied on Hanes’s locations on the night of the murder to convince jurors that, in his words, “the digitally confirmed timeline is so tight — four minutes — there could not have been another suspect responsible for this crime.”

Friedman later expressed his appreciation to Batavia PD officers and investigators for the work and time they put into their investigations and testimony.

“It’s very reassuring to live in this community to know that that’s what happens when a crime like this is committed,” Friedman said outside the courtroom. “I’m confident that in some larger cities, this case wouldn’t have gotten anywhere near the attention it got here.”

Morgan’s family and friends responded emotionally as the foreperson delivered the guilty verdict today.

“Closure for the justice system, yes,” Peggy Brusie, Morgan’s former partner, said. “Not closure for what he took from us. We can never replace that. We can’t bring Raymond back.”

Judge Charles Zambito adjourned Hanes’s trial for sentencing at 9:30 a.m. Aug. 28 in Genesee County Court. Hanes faces a maximum of 25 years to life in prison for his second-degree murder conviction.

Suspect description remains a key issue as Liberty Street murder case nears end

By Lauren Leone

A key issue in the July 2018 murder of Raymond L. Morgan — and a crucial piece of evidence that could connect the perpetrator to the 111 Liberty St., Batavia, crime scene — is the description of the man who jumped out Morgan’s window after the bludgeoning attack. 

This pivotal detail caused defense attorney Frederick Rarick to motion for a trial dismissal for his client, Richard D. Hanes, three times yesterday. Rarick argued that without DNA evidence, finger or palm prints or identification of Hanes at the scene, the case is “all speculative as to who that subject is.”

District Attorney Lawrence Friedman responded that eyewitness accounts of Hanes are not needed to overcome the prosecution’s burden of proof. Judge Charles Zambito denied all three of Rarick's motions because “the People have established each and every element of the offense,” so the jury should be able to reach a verdict on Hanes's second-degree murder charge. 

Detective Sgt. Kevin Czora, the last witness called by the prosecution, questioned inconsistencies about the gray sweatpants and green shirt — similar to those of the unidentified suspect — found in Hanes’s bedroom closet at his former 5 Thorpe St., Batavia, house. 

The clothing items recovered from Hanes’s closet did not match either the descriptions given by witnesses or the clothing items shown in surveillance video footage from Southside Deli, Marchese Computer Products and a Goade Park residence.

The videos also captured a man who appeared to be Hanes biking from Liberty Street to Ellicott Street at 11:13 p.m., moments before Batavia PD received a 9-1-1 call to the scene at 11:14 p.m. Czora testified to the possibility that Hanes arrived at 111 Liberty St. unnoticed by making a U-turn on Goade Park and cutting behind the house. 

Rarick called witnesses Michael Elmore, Danielle Case and Bonnie Cortright to attest to their recollections of the man who fled the scene. Elmore said his statement to police was mistakenly based on the premise that the individual who jumped out the window was Morgan. 

“I gave [Batavia PD] a description that resembled Ray Morgan,” Case also told jurors. 

Rebuttal testimony from detectives Matthew Wojtaszczyk and Thad Mart offered evidence against Case and Cortright. The detectives said the suspect was bald and wore sandals despite the women’s claims that the individual had short dark hair and wore sneakers. 

The jury must sort through these contradictory descriptions starting today in Genesee County Court. Jurors will hear closing arguments and elements of the second-degree murder charge before entering verdict deliberations. Hanes can be sentenced to life in prison if convicted.

Defense expected to call five witnesses to testify during Liberty Street murder case

By Lauren Leone

Defense attorney Frederick Rarick told the court on Friday that he intends to call five witnesses on behalf of his client, Richard D. Hanes, the man standing trial for the July 24, 2018, murder of 47-year-old Raymond L. Morgan. 

Rarick said he plans to bring forward Danielle Case, Michael Elmore, Bonnie Cortright and Hanes’s mother and father. Though the trial will most likely last until Tuesday or Wednesday of next week, Hanes is not anticipated to testify in his defense.

Case made the initial 9-1-1 call to emergency responders after the bludgeoning of Morgan occurred around 11:15 p.m. at 111 Liberty St., Batavia. Case reportedly said “That’s Ray” when an unknown male dropped from Morgan’s second-floor window and fled the scene before he could be identified.

Elmore was the resident of the Liberty Street house who allegedly posted photos of the bloody crime scene to social media before the landlord could secure Morgan’s room. At the time, Elmore apparently posted that Morgan was the killer. 

No major developments arose during the cross-examination of Batavia PD Detective Thad Mart Friday afternoon. District Attorney Lawrence Friedman is expected to call the final witness for the People, Detective Sgt. Kevin Czora, to attest to his account of the murder investigation.

Witness testimony will begin at 9 a.m. Monday in Genesee County Court. Once the prosecution and defense rest, jurors will hear summations and legal elements of the second-degree murder charge before entering verdict deliberations. If found guilty, Hanes faces a life sentence.

Detectives attempt to piece facts together for jurors in Liberty Street murder trial

By Lauren Leone

Batavia Police Department detectives' court testimony on Thursday attempted to connect the bludgeoning death of 47-year-old Raymond L. Morgan to Richard D. Hanes, the man accused of murdering Morgan in his Liberty Street residence last July.  

District Attorney Lawrence Friedman called detectives Eric Hill and Thad Mart to testify about their recollections of the events surrounding the July 24, 2018, murder. 

The investigators said lab tests detected Hanes’s DNA on a baseball cap found below Morgan’s bedroom window. Detectives reportedly also found a green shirt and gray pants — similar to descriptions of the unknown perpetrator’s clothes — in Hanes’s blood-covered closet at his former Thorpe Street, Batavia, home. 

The detectives explained to jurors that Morgan’s DNA began to be collected throughout the city following his death. Batavia PD found Morgan’s blood on both the exterior of his bedroom window and the house siding below the room in the hours after the attack. 

Morgan’s DNA was also swabbed from a handlebar grip of Hanes’s bicycle and a hammer on the roof of an Ellicott Street house. Detectives suspect Hanes may have thrown the alleged murder weapon before pedaling back to Thorpe Street. 

Jurors listened as Hill reassembled a text conversation between Morgan and Hanes from the fatal night last July. Although Morgan’s contact information and the text messages did not appear on Hanes’s phone, they were later found in a phone records search by police. 

Hanes apparently texted Morgan “I owe you $395. Imma pay you” around 10:50 p.m. and “Here” at 11:09 p.m, minutes before Batavia PD was called to 111 Liberty St.

Mart told the jury that he had heard loud sirens from emergency responders as he was driving on Main Street before being dispatched to the scene of Morgan's death.

Mart questioned why Hanes said in a July 26, 2018, interview that he did not hear or see responders while traveling on his bicycle in the vicinity of the crime scene. 

“For him to be in the area where he said he was, I find it hard to believe that he would not at least hear the sirens,” Mart said.

Hanes faces life in prison if convicted of second-degree murder. Defense attorney Frederick Rarick will have the opportunity to cross-examine Mart when the trial continues at 2 p.m. today in Genesee County Court.

Details emerge during opening statements and early testimony in Liberty Street murder case

By Lauren Leone

Jurors listened closely to opening statements and testimony about the bludgeoning death of 47-year-old Raymond L. Morgan, of 111 Liberty St., Batavia, in the third day of the Richard D. Hanes trial.

District Attorney Lawrence Friedman drew the attention of jurors as he described the brutality of Morgan’s death in his opening statement. Friedman told the jury that at least 24 blunt force trauma injuries, most likely caused by blows from a hammer, were sustained by Morgan’s body.

As he explained the timeline of events on the night of July 24, 2018, Friedman revealed the perpetrator dropped 12–15 feet from a second-floor window of Morgan’s apartment and fled the scene in the direction of Ellicott Street after the incident occurred. 

During the course of the investigation, Batavia PD investigators collected blood samples matching the DNA profiles of both Morgan and Hanes from a bathroom at 5 Thorpe St., Batavia, which is the rooming house where Hanes resided at the time. Friedman said detectives will testify to the significance of this finding later in the trial. 

In defense attorney Frederick Rarick’s opening statement, he described Morgan's murder as "bloody, vicious, in your face."

Rarick explained to jurors that Hanes was in the vicinity of the Liberty Street home on July 24 to purchase drugs from Morgan. Rarick emphasized that neither forensic evidence at the scene nor witness testimonies will prove Hanes as the perpetrator.

Rarick told jurors that police did not ask for blood or fingerprint samples from other witnesses once Hanes was questioned and his DNA sample was taken. Rarick’s last words in his opening statement — that Hanes had no motive to allegedly commit the murder — rang loudly in the silent courtroom. 

Damien Boyd was called by Friedman to testify because he lived at 111 Liberty St. and witnessed Morgan’s badly beaten body moments after the attack. Boyd said he briefly spoke to Hanes outside the house on July 24 about 10 minutes before he heard banging noises coming from Morgan’s room. 

Boyd said he saw an air conditioning unit thrown from the window of Morgan’s room and a white male drop to the ground shortly after. Boyd observed blood on the man’s hands, but he could not identify the individual due to the poorly lit surroundings. 

Boyd said that the man who had fallen picked up an object Boyd described as "1 ½ to 2 feet long with an L shape on the end." Yet, Rarick pointed out during cross-examination that Boyd previously failed to choose the correct hammer from a lineup of eight hammers, one of which was the weapon used in the beating.

Hanes faces a life sentence if the jury returns a guilty verdict for his second-degree murder charge. Jurors will draw nearer to a verdict today in Genesee County Court.

Jury impaneled in the Liberty Street murder case, testimony begins today

By Lauren Leone

Jurors have been selected in the case of Richard D. Hanes, who is charged in the bludgeoning death of Raymond L. Morgan, 47, of Batavia.

After two days of questioning prospective jurors, defense attorney Frederick Rarick and District Attorney Lawrence Friedman selected a jury composed of eight women, four men and six alternates who swore to serve as unbiased fact-finders in the case. 

Hanes, a 37-year-old former Holley resident, is facing a second-degree murder charge after allegedly beating Morgan beyond recognition in his 111 Liberty St., Batavia, apartment last July. 

Morgan was pronounced dead when police arrived at the scene. Morgan's cause of death was blunt force trauma to the head. Batavia PD officers and detectives are expected to testify to their investigation in the coming days of testimony.  

Friedman repeatedly asked juror candidates yesterday whether the use and sale of illegal drugs would affect their fairness since Morgan had a previous conviction for criminal possession of a controlled substance.

Rarick urged potential jurors to admit whether graphic testimony and images of the blood-covered crime scene would cause them to be impartial. Judge Charles Zambito excused a few juror candidates when they said that the forensic evidence may be too overwhelming.

The jury will now have the opportunity to listen as attorneys deliver their opening statements and question witnesses at 9:30 a.m. today in Genesee County Court. The first day of testimony coincides with the anniversary of Morgan’s death.

DA's office requests more employees due to new criminal discovery demand rules

By Lauren Leone

Members of the Genesee County District Attorney’s Office say they need the county’s help to hire more employees due to recent changes to discovery demand rules in criminal cases.

Lawrence Friedman, district attorney, and Melissa Cianfrini, first assistant district attorney, gave a department review to the Public Service Committee on Monday. They say they hope to hire another assistant district attorney and a paralegal.

These new positions stem from recent New York State reform that increases defense counsel’s access to information about the state’s case. Prosecutors will be required to turn over evidence much earlier, which means a greater workload for district attorneys and more strain on county resources to prosecute criminals. 

“We weren’t having to do trial-ready work for every single case,” Cianfrini said. “That’s really putting the cart before the horse in terms of how much this is changing how we’re practicing law in the criminal law sector.”

Cianfrini said the rules shorten the timeline to file a discovery demand from 30–90 days after arraignment down to 15 days. Now, a defendant cannot enter a plea until the discovery information is provided, so they can understand all of the evidence being brought against them.

The proposed assistant district attorney and paralegal positions would take on the 38-percent increase in the number of cases handled by the DA Office. Caseload is expected to jump from 354 cases to 407 cases annually for each assistant district attorney. 

The role of the prospective paralegal is to review documents and enter information into a database called the Digital Evidence Management System, an electronic service for information storage and sharing. The paralegal would further reduce preparation time for attorneys.

“With these new requirements, our feeling is we have to spend a lot more time on a case than the other side does,” Friedman said.

DA Office staff members are concerned about the strict deadlines and punishments for not complying with the new rules. They face the risk of having criminal cases dismissed if they are not ready for trial in time.  

Legislators Gordon Dibble and Marianne Clattenburg were in favor of hiring more DA Office staff before Jan. 1, when the rules go into effect. Committee members sought more information about how much funding the county would need to offer for these new employees.

“For a county our size, is there a trend analysis that says ‘this is how many cases an ADA should handle’ so that we could have a benchmark to help educate us?” Shelly Stein asked. “I think that’s probably the biggest step here.”

Sheriff’s Office chaplain departing from Genesee County in August

By Lauren Leone

St. Paul Lutheran Church Pastor Allen Werk is leaving his position as Genesee County Sheriff’s Office chaplain because he will be moving to Indiana in the coming weeks.

Werk served as the Sheriff’s Office chaplain for seven years. As a chaplain, Werk was often called upon to assist with death notifications and provide counseling services for Sheriff’s deputies. Werk occasionally rode along with patrol deputies to offer support. 

Werk has been working with the Sheriff’s Office to identify other individuals who are interested in the chaplain position. The pastor has met with candidates, explained the duties of chaplain and shared his experiences. The Sheriff's Office is moving forward with interviews and looking to fill the position as soon as possible.

“I can’t thank him enough for everything he’s done for us," said Sheriff William Sheron Jr. "He’s been there in times of need for all the officers here. We relied on him heavily, both to help us with situations that we’ve encountered and tragic situations, but also assisting us with our personal lives.

“We thank him from the bottom of our hearts, and we wish him well."

Community Garden expands, adapts to changes in leadership and Youth Bureau

By Lauren Leone

The Batavia Community Garden, located at 12 MacArthur Drive next to the Batavia Youth Bureau, is expanding and being reorganized as the Youth Bureau transitions to its new St. Anthony’s at City Church location on Liberty Street.

The Community Garden recently removed its south fence and added a 4,400-square-foot expansion. The extended gardening space allowed for four 4’ x 4’ and four 4’ x 8’ raised beds to be constructed and placed in the garden by volunteers during the United Way Day of Caring in May.

The addition of a 12’ x 16’ wooden pergola is underway and will be completed during the 2020 growing season. The shaded pergola will serve as a community social meeting area within the garden to supplement the existing shaded resting spot.

The Community Garden Advisory Board is also facing changes to its leadership due to vacant positions. These were created when City Manager Martin Moore learned that two volunteer advisory board members, Bob Gray and Carol Boshart, were not city residents as required by a provision in the city charter.

This resulted in the reappointment of those members as non-voting special liaisons to the board. The reassignment caused frustration among board members due to a proposed change to city municipal code that relaxes residency requirements for city employees.

At the June 24 City Council meeting, council members were welcome to a review of the charter in order to reconcile the issue with the advisory board.

“They discussed it and why they had to enforce it. It was a city charter versus a municipal code. But, I’m still here — being a master gardener is a passion,” Bob Gray said.

Gray cofounded the garden in 2011 and served as the former secretary before his Stafford residency caused him to become a non-voting liaison.

“They’ve been very supportive," Gray said of the city, despite his reappointment. "Whenever we need anything, we just shoot them an email and it gets tended to.”

The City of Batavia supports the garden through maintenance work and funding.

Jocelyn Sikorski, Youth Bureau director and Community Garden coordinator, acts as a liaison between the city and the garden. She said that the reorganization of board members has presented some challenges that the board is working to overcome.

“[The special liaisons] were part of the group that started this," Sikorski said. "So, they really are invested and they care about it overall. Those are the people that we want at the table, and I don’t have city residents banging down my door to fill those two vacant spots."

Sikorski recognized that there will be further changes for the Community Garden as the Youth Bureau relocates to its new 114 Liberty St., Batavia, home. The Youth Bureau will continue to collaborate with the garden although the Batavia City School District will occupy its former facility.

“We will probably establish a different type of Youth Garden at St. Anthony’s starting next year," Sikorski said. "We will keep bringing the kids over throughout the end of the summer and into the fall to maintain these beds once we have relocated and close our doors here.”

In the midst of these changes, the garden's community outreach continues. Throughout the season, surplus produce and cut flowers are donated to benefit individuals at Washington Towers and Crossroads House.

“A lot of cities our size don’t have community gardens," Gray said. "This is an asset.”

Photo by Lauren Leone.

Batavia girl invites volunteers to help with her 'Birthday Wish for the Fish'

By Lauren Leone

Morgenn Surabian pictured with her homemade recycling boxes (photo courtesy of Stephanee Surabian).

Morgenn Surabian, a 5-year-old girl from Batavia, wants her 6th birthday to make a meaningful impact by hosting a beach cleanup party at LaSalle Park in Buffalo.

From 11:30 a.m. to 2 p.m. on Aug. 3, Morgenn invites community members to join her in recycling items found on the shore of Lake Erie to help protect marine life and beautify the environment.

"She's calling it her 'Birthday Wish for the Fish' for her friends and family and other volunteers to come join her to help make her birthday wish come true," Morgenn's mother, Stephanee Surabian, said.

"We'll be hosting a public event, free to anyone who would like to come join us that day," Surabian said. "We're going to be cleaning up that beach and collecting information of the findings."

The event will offer snacks and music for volunteers to enjoy. The Surabians are working with the Buffalo Division of Parks and Recreation to donate the bottles and cans collected during the cleanup.

Morgenn said her birthday idea was inspired by the Disney animated movie "Finding Dory." She said the beach cleanup is important to her "to keep the water healthy" and "because we don't want the fish to be caught in the plastic."

Volunteers can register for "Birthday Wish for the Fish" online here.

The 77-acre LaSalle Park, located at 1 Porter Ave., is Buffalo’s largest waterfront park -- at the mouth of the Niagara River where it meets Lake Erie.

Batavia PD moving forward with efforts to bring back K-9 program

By Lauren Leone

Batavia PD may yet once again have a working police dog and on Monday, Police Chief Shawn Heubusch updated the City Council on efforts to reinstitute the program.

The effort includes receiving donations and seeking funds from Homeland Security.

It's been 20 years since Batavia PD had a working K-9 officer.

If approved, a resolution presented to the Council on Monday would create a K-9 fund in order for the Batavia Police Department to accept donations and funds from the federal government for a canine purchase, training and associated costs. 

The K-9 program’s approximately $23,000 price tag was broken down by Heubusch. He explained to Council members that it will cost $10,000 to purchase the dog and $5,000 to train the canine and its police officer over the course of several weeks. 

“During the regular workday, we’ll give the officer the allotted time for their training,” Heubusch said. “On off-days, we’ll have to compensate the officer for that. We do have some sample MOAs with some different unions to cover that.”

Additional expenses include $5,500 to purchase a vehicle designed to carry the canine, $2,500 for food and veterinarian bills, and $500 for incidentals and supplies.

Heubusch said the K-9 program will be like a specialized tool with a warranty. Beyond regular duties, the officer who receives specialty K-9 training would be called to respond when a police dog is needed for investigations.

“The officer is not dedicated to K-9 duty 100-percent of the time,” Heubusch said. “They would be on the road just like any other officer would be assigned to a patrol zone. We don’t have the luxury of just being able to dedicate an officer to that duty.”

Council President Eugene Jankowski said that, on occasion, the canine may be called for investigations that are not in the City of Batavia. Although it most likely would not happen often, the canine and its owner would be prepared to respond at non-city locations.

BPD is working on an agreement with the Homeland Security Investigation Federal Asset Forfeiture Program to defray some of the canine and training costs. Federal funding is not currently available due to high demand for border patrol canines.

Based on the positive feedback Heubusch received from Council members, this proposed resolution may receive approval at the August business meeting, which would allow BPD to be prepared for the K-9 program when federal funding is ready.

Previously: Batavia seeks Federal funds to bring back a K-9 patrol to the city

St. Paul's honors retiring principal and welcomes incoming principal

By Lauren Leone

Students, families and staff are celebrating the career of retiring principal Anne Werk and greeting incoming principal Jason Clark at St. Paul Lutheran Church and School, 31 Washington Ave., Batavia.

Werk is retiring after more than two decades as a teacher and principal at St. Paul’s. As of July 1, Clark, who is a lifelong member of St. Paul’s church, received unanimous approval from the school board and church congregation to succeed Werk. 

Clark said his ratification brought him excitement and relief, but also sadness at the departure of Werk and her husband, Allen, who is the pastor at St. Paul’s. Clark will continue to serve as a second- and third-grade teacher in addition to his new responsibilities as principal of grades K–5.

His initial goal is “hopefully just maintaining some stability in this time of change,” Clark said. “Being that I’ve been here for 17 years, it’s not a brand new face leading the school.”

Clark has several initiatives for the school as he steps into his new position. They include increasing funding and sponsorship, incorporating more technology into classroom learning and boosting enrollment.  

“The last couple of years, our numbers have been down a little bit,” Clark said. “So, I’m just looking forward to hopefully building that back up and seeing what we can do for the future of the school.”

The Werks will be moving to Indiana to be closer to relatives. Anne Werk said she will stay updated with school and church events on social media and serve as a resource for Clark when he needs support.

Clark said he will follow Werk’s advice of relying on his faith and school staff as he enters the principal role. He described Werk as a great mentor, both personally and professionally. 

Werk’s career was honored at a retirement celebration June 19. Alumni students spoke about the impact Werk has had on them. Werk, however, feels her most meaningful experiences at St. Paul’s are teaching and overseeing students as they mature.

“I love being a part of the children’s lives and their families’ lives … and seeing growth over the years,” Werk said.

“When you get to retirement age, you start talking about your legacy and about what you’re leaving behind,” Werk said. “I hope that I’ve made a difference in the lives of the kids and their families.”

Anne Werk (left) and Jason Clark (right) in the St. Paul's school library.

Photo by Lauren Leone.

St. Paul’s offers tuition awards to two new students this fall

By Lauren Leone

St. Paul Lutheran School is offering one full-tuition award and one partial-tuition award to two new elementary students during the 2019–20 school year.

The grant money to fund these scholarships was provided by Lutheran Church Extension Society of Buffalo. 

For a student to be eligible for either the full or $400 partial-tuition award, this must be their first time enrolling at St. Paul’s school and their 2019–20 registration must be accepted by school administration by July 31.

The two students whose names are pulled at a drawing Aug. 6 will be contacted by the school board about their tuition awards.

St. Paul’s “will look into ways to get our name out there even more than it already is,” said Jason Clark, the newly hired St. Paul’s School principal.

”We’ve already started that with this grant that we’ve received and are advertising out,” Clark said. “Having a new student be able to come tuition-free for the first year is a great start.”

Registration forms are available at the school’s location at 31 Washington Ave., Batavia, and online here.

Summer Fest 2019 will mix old and new Batavia festival traditions

By Lauren Leone

The premiere Ascension Parish Summer Fest 2019 will be reminiscent of past Batavia traditions, but it promises a fresh take on the classic summer festival.  

The event will occur from noon to 11 p.m. July 20 and 21 on Ascension Parish grounds at 19 Sumner St., Batavia.

Since events like Summer in the City, the Elba Onion Festival and the St. Joseph’s Lawn Fete have been discontinued, Summer Fest hopes to adapt old festival concepts to modern crowds.

“My idea with this is to bring the community together this year,” Father David Glassmire said to volunteers during an informational meeting at the parish Monday. “We’re here — our beer, our bands and our bites. I want people to have fun.” 

Summer Fest volunteers will serve home-cooked international food options like Greek and Mexican food as opposed to conventional festival fare. Food offerings will feature a Polish platter and Italian stand to celebrate the ethnicities of parishioners. 

“You can get a hotdog or a sausage almost anywhere,” Summer Fest Co-Chair Matthew DellaPenna said. “There’s food trucks popping up in town. So, we wanted to do something a little bit different.”

Polka bands, Italian bands and local favorites like The OHMS Band, The Old Hippies and Savage Cabbage will perform live music throughout the two-day event. The festival will also offer a gambling tent, table games, a 50/50 split cash raffle and package raffles.

Ascension Parish is seeking volunteers and community sponsorships for Summer Fest 2019. Individuals can contact (585) 343-1796 or pastor@ascensionrcc.com for more information.

Ascension Parish leaders and volunteers said they are excited to host this new event and enjoy music, food and fun. Proceeds from Summer Fest will be used to serve the parish and maintain its community outreach in Batavia and Genesee County.

City Council hears of new shared approach to reduce crime in Batavia

By Lauren Leone

Batavia Police Chief Shawn Heubusch presented City Council with a proposed resolution Monday night for a Memorandum of Understanding among Genesee County law enforcement agencies and the Monroe Crime Analysis Center in Rochester to share information. It received strong support.

Heubusch explained to Council members that over the past few months local law enforcement has coordinated with the NYS Division of Criminal Justice Services and MCAC to develop the agreement.

He said becoming a member of MCAC is the best approach to access information databases and facilitate crime response and investigation.

“What this memorandum does is it allows us to share information with Monroe Crime Analysis Center and also reap the benefits of them sharing information with us,” Heubusch said.

This new crime analysis system also comes at no cost to city taxpayers.

“Being a member of the crime analysis center in Rochester costs the city zero," Heubusch said. "It’s really about gaining that information and being able to analyze that information in a way that we can’t now."

The chief said that most of the criminal element in Batavia is connected to individuals from the City of Rochester and the Monroe County region. The MCAC memorandum will allow local police to share records with Monroe County law enforcement in real time.

The memorandum includes resources like crime monitoring and background checking information to alert law enforcement of identifying factors when pursuing suspects.

City Council members reacted favorably to the proposed resolution.

“It seems like, according to this, between the state police, the [Genesee County] Sheriff, Monroe County Sheriff and District Attorney, our District Attorney, DCJS — they’re all signed on to this," Council President Eugene Jankowski said. "It’s good to be sharing information.”

Other agencies participating in the memorandum are the Le Roy and City of Rochester police departments and the Genesee County and Monroe County probation departments.

City Manager Martin Moore wants to reduce crime and restore a sense of safety in Batavia. In June, the first Batavia Crime Task Force meeting was held so law enforcement and city leaders could talk about ways to combat crime.

“I want to thank the police department working together with the other police departments," Moore said. "This is one of the things that was brought up in our initial Crime Task Force meeting, and it’s one of the first actions that our police is working on."

The MCAC memorandum is expected to aid in identifying sources of crime, mapping incidents and arrests and following crime trends. MCAC is one of the task force’s first strides toward securing resources to prevent and deal with crime.

The proposed resolution for the memorandum will be forwarded for consideration by Council. The next City Council Conference and Business meeting at 7 p.m. Aug. 12 at the City Hall Board Room, 2nd Floor, City Centre.

Batavia native and artist unveils 30-foot-tall mural in Buffalo this weekend

By Lauren Leone

BUFFALO -- eRic (sic) Luplow, a Batavia native and surrealist-folk “sur-folk” watercolorist, will unveil his eye-catching Yellow Dog Mural at 2:30 p.m. Sunday at Elmwood Village, Buffalo.

Luplow recently completed a mural painting of a 20' x 30' angular, cube-like yellow dog on the side of the Visualeyes City optical shop building at 735 Elmwood Ave. The vibrant mural will be dedicated by Joel Feroleto, City of Buffalo common council member.

An art reception inside Visualeyes City will follow the unveiling.

To design his two-story-high image, Luplow referenced his sur-folk yellow dog painting from several years ago and worked with the dimensions of the building to recreate his piece. Over the course of four days, Luplow used a lift to outline his sketch with chalk and marker and add color to the project with wall paint.

The Yellow Dog Mural in Buffalo is his largest painting to date; his last mural is in the Valley International Airport in Harlingen, Texas.

“I’m a watercolor painter, so a mural is pretty far out there for me," Luplow said. "My biggest piece of work is usually 20 inches by 30 inches."

Luplow has had a passion for drawing and painting from a young age. He graduated from Batavia High School in 1975 and began as an electrician before pursuing his love for art.

Luplow currently resides with his wife, Peggy, in Truchas, NM, where he displays art in his gallery and paints in his trademark sur-folk style. Luplow describes sur-folk as a fusion of surrealism and folk art.

Sur-folk features vivid colors that mimic the hues and shapes found in the culture and landscapes of New Mexico. Luplow uses watercolor paints to capture his memorable experiences and personal struggles.

The watercolorist said family, friends and nationwide art collectors are traveling to Buffalo to view the mural, so he is excited to show off his artwork in the area of his upbringing for the first time.

“Everybody, whatever they do, is proud of it," Luplow said. "I’m proud of being an artist."

More of eRic Luplow’s work can be viewed at his website: www.ericluplow.com.

Photos courtesy of eRic Luplow.

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