elba

A "rural justice attitude" will prevent at least one of the defendants in the June 18 Elba bank robbery from getting a fair trial in Genesee County, according to Batavia defense attorney Thomas Burns.

Burns is defending Matthew J. Wells, who is accused, along with two other men from Buffalo, of robbing the M&T Bank branch in Elba, making off with at least $10,000 in cash, and then leading local law enforcement on a five-hour manhunt (with Wells being the final suspect caught).

In papers filed Thursday, Burns cites extensive media coverage of the robbery and manhunt, with special attention on The Batavian, as part of his change of venue motion.

Comments made by readers on The Batavian, as well as quotes from local law enforcement officials cited in coverage on The Batavian, indicate, according to Burns, that local jurors would be prejudiced against his big city client.

Among the five reader comments Burns includes in his brief is this one by Jeff Allen left the day after the robbery:

"Let's give major kudos to our local law enforcement agencies. The fact is these thugs thought that driving out to a hick town near a Thruway exit would be an easy knock off and escape back to the city. They got a quick introduction to rural justice. The only question that loomed yesterday was who would get them first, the police or a ticked off land owner with a shotgun! Great work everybody (Howard included), you did our area proud!"

Burns also cites quotes from Chief Jerome Brewster of the Genesee County Sheriff's Office and District Attorney Lawrence Friedman in The Batavian suggesting the suspects thought a rural bank might make an easy target.

His change of venue motion rests on three key points:

• Intense media saturation coverage in a small, rural community with "sensationalized reports" combined with instantaneous and interactive technologies.
• Lack of racial diversity in Genesee County (only 2.6 percent of the population is African-American).
• The fact that some 30 to 35 percent of the people living in Genesee County were directly impacted by events that day, primarily because of the BOCES-imposed school lock down.

But it's the news coverage of The Batavian, and the comments on posts, that take up the bulk of the motion by Burns.

The attorney argues that the nature of media has changed, making the case for venue change even more compelling. The last change of venue granted was made by a local appellate court in a 1983 murder case. The trial was moved from Livingston County to Monroe County out of concern for "rural justice" attitudes and local media coverage.

"It is submitted that widespread use of internet news services will require courts to carefully assess the impact of instantaneous news reporting from on-line news services upon small rural counties reacting to high-profile crimes," Burns writes.

"It is reasonable to conclude that the Fourth Department Justices grappling with the Acomb, supra, decision in 1983 would have found the extent of localized publicity significantly increased had that decision been made after 1992, when the internet became widely accessible to the public, and even more so today where internet news sources saturate homes and businesses with instantaneous news of local concern and provide interactive content with subscribers and readers. Of the news services cited herein only the traditional print media and Time Warner services require reader/viewers to pay a fee. 'The Batavian' cited at length in this affirmation is available 24 hours per day without fee. In contrast, in Acomb, it is believed that media resources were exceedingly limited when compared to today's media outlets."

Burns also cites "extensive negative press" following bail review hearings for co-defendants Demone Dillon and Dennis Abrams as the reason he didn't seek bail for his client. Both Dillon and Abrams were offered bail of $250,000 and bond of $500,000 following hearings in which both defense attorneys and the prosecution discussed details of the cases at length. Following both hearings, written and verbal confessions were made available in the public case files. The Batavian reported details of the June 18 events from these sources.

District Attorney Lawrence Friedman said he doesn't believe Burns will win his motion and that it's premature for a change of venue motion because jury selection hasn't even started yet.

"Normally, you wait until you select a jury and then document the difficulty in doing so because of pre-trial exposure," Friedman said.

Friedman, who said he regularly follows local law enforcement cases on The Batavian, said it's rare for media coverage to impact the ability of attorneys to impanel an impartial jury and that it's too soon to say if new media is going to make that job harder.

Burns agreed that it may seem early to file a change of venue motion, but he said court rules compel him to file all of his motions within a certain time frame. In order to preserve the rights of his client, he said, he had to file the motion before today.

On behalf of Wells, Burns filed several other motions Thursday, including one to suppress any statements Wells made after his arrest.

Burns contends that Wells was not read his rights for more than two hours after his arrest. During that time, Burns states, Wells expressed a desire to remain silent and to speak to an attorney, but investigators kept pressing Wells to talk. Wells was arrested at 2:51 p.m., but it wasn't until 5:35 p.m., when a written confession was placed before Wells to sign, that he was read his Miranda rights.

Burns also claims there is a lack of reliable eyewitness testimony to place Wells at the Elba bank. The witnesses can only describe the robbers as black, Burns contends, and cannot positively identify Wells as one of the men inside the bank.

These facts call into question the evidence provided to the Grand Jury that led to the indictment of Wells on the bank robbery charges.

Burns also tipped his hand on a possible defense. Wells, in his defense, will assert "lack of knowledge and understanding of the criminal activity as a result of duress or improper influence by one or both of the co-defendants."

The change of venue motion was filed with the New York Supreme Court, Appellate Division, Fourth Department. The other motions were filed with Judge Robert Noonan in Genesee County. Noonan will hear arguments for the motion at 10:30 a.m. on Sept. 8. There's no word on when the appellate division might issue its ruling.

Previously:

• Manhunt in progress near Townline and 63
• Elba robbery suspects identified, arraigned and held without bail
• 'I messed up,' Elba robbery suspect texted wife while hiding from police
• Third suspect in Elba robbery enters not guilty plea
• Elba robbery defendant reportedly sterling citizen prior to alleged crime
• Suspects didn't know what they were getting into when they chose Genesee County
• Two Elba robbery suspects to answer to charges in court tomorrow
• Alleged Elba bank robbers indicted by grand jury

When asked how old she is, Elba artist Patricia Burr has to think about it a minute.

"Well," she says, "I was born in 1918, so that would make me...my goodness, that would make me 91. But," she adds with a laugh, "I don't feel it."

She doesn't look it or act it, either. Burr, who has resided in Elba for the past 68 of those 91 years, is still a working artist.  

"I've enjoyed drawing for as long as I can remember. But in fifth grade, my teacher noticed that I would always draw in my books after I finished my homework. She called my parents and said, 'You know, it would be nice if your daughter could go to the art school.' Of course, I was all atwitter. I think that was really the beginning of it all."

The art school that her teacher recommended was the Albright Art School, now the Albright Knox Gallery. It was there that she took lessons every Saturday throughout grade school for 50 cents a week.

In 1939, after graduating from Buffalo State College, Burr was hired as Elba High School's first art teacher. Two years later, she moved from her native Buffalo to her current home.

Her love of art is evident just by opening up one of her 14 "fun books," which are filled with photographs and sketches of everything from carefully arranged fruit to strangers seen in restaurants. 

"Always bring a pen or pencil with you wherever you go," Mrs. Burr advises, pointing out to me an impromptu drawing of the back of a friend's house. "You see a lot of different, interesting things."

She says that one of her greatest influences was Don Getz, a well-known Ohio watercolor painter from whom she took some classes.

"He was always very well-prepared for everything. We would all watch him and say, 'Wow, this guy knows how to do it!'  We all hoped that someday we could be as good as Don. My friends and I would go on short road trips to find interesting things to draw, and sometimes Don would come with us. We all had a blast."

Now, Burr paints about three days a week and it usually takes her two days to finish one painting. She tends to work with acryllics and paints mostly landscapes and portraits, although she has been known to paint everything from pets to whiskey bottles, as pictured below.

"There's nothing I don't like to draw," she declares.

 

 

Charles Zambito will be honored by Batavia Downs on Aug. 29 as the second Genesee County resident to receive its now annual "Italian-American of the Year" award.

Joe "The Mayor of Batavia" Gerace received the first award last year.

Zambito, an attorney who was born and raised Elba and now serves as a Genesee County legislator, will receive the award inside the winner's circle at Batavia Downs.

The award honors a local Italian-American who has made a significant contribution to the community.

Zambito was elected to the Genesee County Legislature in 2001. He serves as the legislature’s liaison to the Genesee County Chamber of Commerce and Genesee Community College.

A father of three, Zambito, 57, is a trustee of St. Padre Pio Roman Catholic Parish, where he also serves as a lecturer and usher. He is chairman of the Town of Elba Republican Committee and member of the county GOP committee.  Zambito is a former attorney adviser to the Genesee County Mock Trial Program, member of the Batavia Rotary Club, Genesee-Orleans Cornell Club and active with the Paolo Busti Foundation.

Zambito and his wife, Pat, will celebrate their 25th wedding anniversary in September.

Italian-American Night is one of several ethnic celebrations at the Downs during racing season, now through Dec. 5. Anyone wishing to make reservations to attend the Aug. 29 festivities may contact Arna Tygart at (585) 343-3750 (Ext 437).  A special Italian Buffet will be served and live music will be featured with The Formula Band.

Nancy Crane of Williamsville was the lucky winner of this year's Elba Volunteer Fire Department's annual Mustang raffle. Crane chose the $18,000 cash prize over the car. 

Approximately $8,000 was raised in ticket sales, with all profit going to the fire department.

Driving back from the Elba Onion Festival, I happened down Weathermax Road and spotted this rocket pointed toward the stars in somebody's front yard. Nobody was home, so I couldn't get more information, but the rocket reads "Pack #17 Space Camp" and on the tail fin, "09 Ethan Austin Holden."  It looks like Ethan constructed himself a nice rocket.  Look for him to join the team at NASA soon.

The first Onion Festival, also known as Field Day, was on Saturday, Aug. 14, 1937.  Almost 5,000 people gathered at the Four Corners (Main, Chapel and Mechanic streets) to take part in the parade and other festivities such as bicycle races, dancing, tire-racing, water fights and a pie-eating contest.

Barbie Ognibene, who is the chairman of the festival, says that it was originally planned to celebrate the harvest.

"The farmers wanted everyone to get together for harvest time, when they were all harvesting their crops," says Ognibene, who has been involved in the planning of the festival for 21 years.

Today, the two-day event is held at the Elba Park, and most of the original activities, such as rolling-pin throwing and the soap-box derby, have been replaced by carnival rides and games.

However, many of the old traditions, such as the crowning of the Onion Queen and the Elba Volunteer Fire Department’s car raffle, still remain, and of course the "onion spirit" is still alive. Onion soup, rings, and petals will be available, as well as bags of Elba onions. The parade, another beloved tradition, will kick off the festivities at 7 p.m. on Friday.

Ognibene says that to many native Elbans, the Onion Festival is more than just a carnival:

“A lot of people plan their vacations around this weekend. There's going to be a high school class reunion, two weddings and several family reunions."

Ognibene says that although all the profit from the festival goes to the Volunteer Fire Department, the event is really more about keeping a fun tradition alive than fundraising. 

"It's really more of a service act," she says. "The fire department gets one-hundred percent of the profits, and that's put towards serving the community."

Don't smoke and drive. Well, at least if you're going to buy more than the legal limit of untaxed cigarettes, and don't get caught speeding when you leave the reservation.

That apparently seems to be the moral of an arrest announced by the Sheriff's Office this afternoon.

Virgil Exis Parker, 29, of 98 Campbell St., upper, Rochester, was stopped on Route 262 in Elba at 6:46 a.m. for allegedly doing 82 mph in a 55 mph zone.

Deputy Meides reportedly spotted 31 cartons of Newport cigarettes and several boxes of cigars in Parker's car. The legal limit is 400 untaxed cigarettes, or about two cartons.

Parker was charged with possession of more than 400 untaxed cigarettes and issued an appearance ticket.

The volunteer fire departments of Genesee County meet and train on Monday nights (I'm not sure if the City's career crew is on the same time table).  This Monday, I drove out to the Genesee County Fire Training Center to watch the Elba Volunteer Fire Department practice putting out car fires (it took me some time in between everything else going on to get the video edited and processed and posted to YouTube).

This video is the first in what I hope will be a series highlighting the Monday night training exercises of Genesee County's firefighters.  Whenever I have a free Monday, which mostly means no Batavia City Council meeting or other town board meeting, I'll pick a training session to attend and shoot a video documenting the training.  

The members of the Elba Volunteer Fire Department at training Monday: Kenny Ball, Rick Dorman, Ryan Hart, Mike Heale, Joe Kartychak, John Mudrzynski, "Rat" Reinhardt, Cale Rice, Brian Russell, Alex Shuknecht, Dave Webster, Mark Wiatrowski, Bill Zipfel, Cait Zipfel.

The DOT today announced a $585,737 project to pave a portion of Route 262 in Elba and Bryon.

The contract is expected to be awarded to Hanson Aggregates New York of Jamesville.

The section will stretch from Route 98 to Route 237.

The announcement was contained in a press release that announced several projects across WNY. All of the projects will take about two weeks each, with most of the work being done before the end of the summer, but all projects completed before 2010.

Also from the press release:

The economic-recovery funds coming to New York State for transportation projects must follow the same process required for distributing all federal transportation funds. The funds are allocated to projects that are selected by the 13 regional Metropolitan Planning Organizations (MPOs) across the state, which are comprised of local elected officials, local transit operators and NYSDOT representatives. MPOs vote unanimously on projects for their Transportation Improvement Program, and the projects are candidates for economic-recovery funds.  These paving projects were approved by the Genesee Transportation Council to be eligible to receive ARRA funding.

Today members of the Batavia Police Department received a Certificate of Merit from New York State Assemblyman Steve Hawley.

They were specially recognized for their part in swiftly apprehending an armed robbery suspect involved in the M&T Bank robbery on June 18 in Elba.

Officers pictured from the left are Lt. Jankowski, Sgt. Kleinbach, Officer Davis, Officer Mullen and Chief Baker.

Batavia police assisted the Genesee County Sheriff’s Department, NYS Police and other law enforcement officials responding to the call.

Assemblyman Hawley also honored members of the Sheriff's Office on Wednesday and also plans to present Certificates of Merit to State Police next week.

Daniel Nathan Bernard, 20, of 6083 Route 5, Stafford, is charged with petty larceny. Bernard is accused of stealing $60 in winning scratch-off lottery tickets from his father's locked car, which was parked at his father's house.

Eileen Barbara Ferrando, 37, of 53 W. Main St., Corfu, was picked up on a bench warrant issued in the City of Batavia for alleged unlicensed operation of a motor vehicle. Ferrando was turned over to the Batavia Police Department.

Scott Webb, 19, of 12 Grote St., Buffalo, is charged with petty larceny. Grote is accused of stealing game prizes from a game stand at Darien Lake Theme Park.

A 17-year-old from Corfu is accused of reckless driving and endangering the welfare of a child.  The youth allegedly drove at a high rate of speed down Chapel Street in Elba, losing control and coming within feet of striking a child riding a bicycle. The youth was issued an appearance ticket.

BATAVIA, N.Y. -- Michael J. Wells, the third suspect in the June 18 robbery of the M&T Bank in Elba, entered a not guilty plea at his arraignment this morning.

Wells is being represented by Thomas Burns. Burns made no application for bail this morning, so Wells continues being held in Genesee County Jail without bail.

Because there was no bail hearing, none of Wells statements or his background were discussed in court.

Last week both Damone Dillon and Dennis Abrams pleaded not guilty and Judge Robert Noonan assigned each $250,000 bail and $500 bond.

UPDATE: I just spoke with Thomas Burns, who is representing Wells, and he said he is communicating with District Attorney Lawrence Friedman on the eventual disposition of the case. Burns said he agreed not to make a bail application as part of that process. "We felt compelled to honor the request as a sign of good faith in negotiations," Burns said.

Previously:

• Elba robbery defendant reportedly sterling citizen prior to alleged crime
• 'I messed up,' Elba robbery suspect texted wife while hiding from police
• Elba robbery suspects identified, arraigned and held without bail
• Alleged Elba bank robbers indicted by grand jury
• Elba robbery suspects identified, arraigned and held without bail
• Manhunt in progress near Townline and 63

It didn't take Dennis M. Abrams long on the morning of June 18 to figure out he apparently had made a huge mistake.

Within 30 minutes of leaving the M&T Bank in Elba with one of his buddies holding a bag full of more than $20,000 in cash allegedly taken at gunpoint, Abrams was lying in the brush along Lewiston Road sending a text message to his wife, Bianca.

"I messed up," was the simple message, according to Abrams' written confession.

"She called me because she did not know what I was talking about," he wrote. "I told her I could not talk because the police were close. I told her we had robbed a bank and that it had gone wrong. I then hung up because the police were close."

A few minutes later, Abrams was taken into custody.

His confession closes, "I would like to state that I made a mistake and that I am sorry for ever making this type of decision."

Abrams reportedly said he "messed up," but it wasn't like he wasn't warned.

According to the statement of one of his alleged accomplices, Demone Dillon, Dillon told Abrams and co-suspect Michael Wells that robbing a bank wasn't smart.

Dillon was the alleged look out who stood in the doorway of the bank while Abrams and Wells reportedly pulled off the stick up.

"I told them that it was a bad idea to rob a bank, but they decided to go in anyway," Dillon reportedly told investigators. "I followed them to the foyer area of the bank because I was told to do so."

According to Dillon's statement, Abrams called him about 10 o'clock the night before the robbery and said he had an idea to make some easy money.

In the Abrams' confession, Abrams said he and his friends were playing football the night before and started talking about how they needed more money.

"I said I know about this bank that I drive by when I go to Orleans Corrections to visit my cousin," Abrams wrote. "I said the bank was secluded, so we agreed to rob it."

The next morning, Abrams reportedly drove his black Chevy Blazer to pick up Dillon and Wells and then they stopped at Rite Aid to buy rubber gloves. Dillon said he knew the gloves were meant to avoid fingerprints, but he said he still didn't know the plan was to rob a bank.

It wasn't until they arrived at the bank, he indicates, that he learned of the plan. While sitting in the bank waiting for drive-up customers to leave, Dillon said, "I think this is a bad idea."

Inside the bank, the statement of teller Patti Hackett paints a terrifying picture. She said two men rushed into the bank while she was on a conference call with other M&T employees and the men started yelling, and she heard another teller scream "don't hurt me."

She writes, "The guy who grabbed me yanked me out of my chair and threw me to the ground." The men were yelling "get on the floor. We're not going to hurt you."

Hackett told investigators that the same man who threw her to the ground pointed a gun at her head.

In his confession, Abrams said he brought his Walthers P22 into the bank. He said it can hold 22 rounds, but he thinks it had only nine rounds in it at the time of the robbery, and that he waived it in the air with the safety on.

After leaving the bank, Abrams said he drove his Blazer at the speed limit until a state trooper spotted the vehicle and turned on his lights. Abrams said he stepped on the gas believing he could out run the trooper's Tahoe.

By that time, either Dillon or Wells had reportedly opened the money bag only to have an apparently pepper-spray-laced dye pack explode. Dillon said within a half mile of the bank, he threw the bag out the back window.

Abrams said that both Dillon and Wells were screaming for him to let them out of the car and he stopped at the first intersection he came to and the two men jumped from the Blazer and ran.

Dillon said he first went to a nearby house and lied down on the porch, but he quickly got up and started running. He removed his clothes because they had become wet and heavy, he said in the confession.

Dillon never directly explains why he agreed to go along with Abrams and Wells on what he admits in his statements clearly seemed to be a plan for some sort of criminal activity.

But the need for cash seems to be a factor. 

"The reason I did this is because I'm in serious need of money," Dillon told investigators. "I have a 6-month-old baby and also two 5-year-old kids."

Abrams, who admits in his signed confession to coming up with the plan, owning and carrying the gun, and driving his own vehicle to and from the bank, is about to become a father. In his confession, he said his wife Bianca is seven months pregnant. In his Genesee County Justice interview, he also says he is a foster father, and while being employed with the same company for more than five years, his gross earnings were $700 a week.

The third suspect, Michael Wells, is scheduled to be arraigned Monday at 10:30 a.m.

Yesterday, Judge Robert Noonan ordered Abrams and Dillon held on $250,000 cash bail and $500,000 bond each.

Pictured above, from the top, are Abrams, Dillon and Wells.

Dennis M. Abrams, one of the three men accused of robbing the M&T Bank in Elba on June 18, was, according to his attorney, a respectable, upstanding, taxpaying citizen prior to the alleged crime and subsequent chase and six-hour manhunt.

Abrams reportedly has no prior criminal record, is employed full time (with a collections agency that is supposedly keeping his job open for him), married and expecting the couple's first child in a month on their fourth anniversary. Abrams is also a foster father to his wife's nieces.

Yet, Dennis M. Abrams, 26, is also accused of using a pistol he bought and registered to put a teller "in fear of her life," according to District Attorney Lawrence Friedman.

In his written confession, Abrams reportedly admits to waiving his gun in the air inside the bank. Friedman said a teller tells a different story. She said Abrams pointed the gun at her head.

Friedman said Abrams admitted to hatching the bank robbery plan and driving his vehicle to and from Elba, after removing the license plates to help avoid identification.

Abrams, and co-defendant Demone D. Dillon, 25, both plead not guilty to three counts each of robbery. The third defendant, Michael J. Wells, 24, appears in court to answer the charges on Monday.

They are both being held on $250,000 bail and $500,000 bond.

Abrams has retained renowned defense attorney Paul Cambria, who is currently also representing Scott Doll, who is accused of killing a business associate in Pembroke. Daniel Killelea appeared today on behalf of Cambria.

With at least a dozen friends and family members, as well as his pastor, present, Killelea tried to convince Judge Robert Noonan to reduce his bail to $25,000.

"I think Mr. Abrams isn't typical of a defendant who stands before the court accused of bank robbery," Killelea said. "He has an actual life beyond the charges currently before the court."

Killelea also noted the Abrams gave himself up within 15 minutes of the manhunt starting and cooperated fully with law enforcement from the moment of his arrest.

Friedman countered that Abrams is accused of being the mastermind, the getaway driver and the man who owned and used a loaded handgun to help commit the crime.

"I'm confident in the strength of the people's case," Friedman said. "Mr. Abrams gave a full written confession. I find it hard to believe that a reputable collections agency would continue to keep him employed."

Noonan said that while he was mindful of Abrams clean background, he had to take into consideration the nature of the crime.

"I'm extremely shocked that a licensed handgun was used by the licensee in such a brazen manner," Noonan said. Noonan said that in 30 years he's only seen a licensee us his own gun in a crime once. "This never happens," Noonan added.

The trio allegedly left the bank with more than $20,000, according to Friedman.

Abrams' uncle, John Abrams, was among the family members in court. He seemed eager to talk about the case, but was advised by Killelea not to speak with the media. John Abrams -- who is reportedly in law enforcement and showed up at the State Police Barracks in Batavia during the manhunt to encourage Dennis Abrams to continue cooperating with the police -- did say there are two sides to the story and more to the case than what has come out so far.

Contrasted with Abrams, Dillon does reportedly have a prior record. He reportedly also has parole and probation violations in his past.

Two of the three suspects in the June 18 robbery of the M & T Bank in Elba will be in court tomorrow to answer charges related to the alleged crime.

Appearing at the 10 a.m. arraignment at the county court house will be Dennis M. Abrams, Jr, 26, of 202 Merrimac St., Buffalo and Demone D. Dillon, 25, 128 LaSalle Ave., Buffalo.

Both men, along with Michael J. Wells, 24, 69 Camp St., Buffalo, were indicted by the county grand jury on June 23 on a charge of robbery in the first degree.

Dillon is represented by Gary Horton and Abrams is represented by Robert Convissar.

Previous coverage:

• Manhunt in progress near Townline and 63
• Elba robbery suspects identified, arraigned and held without bail
• Suspects didn't know what they were getting into when they chose Genesee County
• Alleged Elba bank robbers indicted by grand jury

Elba firefighters are responding to a report of live electrical wires down at 5969 Oak Orchard Road.  The report says there are flames visible.

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