Joe Gerace will always have a warm place in his heart for Ralph Wilson, the founding owner of the Buffalo Bills who died yesterday at age 95.

One of Gerace's most memorable moments as a Bills fan was a trip to Cleveland for a Bills vs. Browns game in 2007. There was a reception the night before the game and Wilson was there.

Gerace said he walked up to Wilson and put his arm around him and asked, "Mr. Wilson, can I get my picture taken with you?"

Wilson agreed readily, and then chatted with Gerace a bit and asked him where he was from.  Wilson then invited Robert Royal and Trent Edwards over for pictures with Gerace.

A few seasons later, Gerace was at a game in Buffalo and he saw Wilson riding on a golf cart through a tunnel.

"He hollers to me, "'Hey, Batavia!' That made me feel good. He was a nice man. They can say what the want to say want about Mr. Wilson, but he was a down-to-earth gentleman."

He added, "He did a lot of good for Buffalo and the community and it's a big loss."

Batavia got hit by a short but heavy snowstorm about midday that left about a quarter inch of snow on the ground.

View on Jackson Street.

Perhaps, this is the last winter storm.

Press release:

Nominations are currently being accepted for this year's induction class of the Oakfield-Alabama Alumni Hall of Fame. It recognizes outstanding OACS alumni who have achieved distinction in their lives and chosen field after high school through significant contributions to their career, community or through personal achievements.

If you know a person who meets the following criteria, please consider nominating him/her for this prestigious honor:

• Nominees must be graduates of OACS or one of its predecessors, or have been active in school classes and activities during their senior year; (Nominees who left school while in good standing to perform military service are also eligible. Deceased alumni are not eligible for induction until the 5th anniversary of the year of their death.)
• Nominees must have graduated prior to 1999;
• Selection is based on achievement after leaving OACS, which includes a worthy record in more than one, and exemplary achievement in at least one of the following: job-related achievements; professional honors and awards, professional affiliations, or publications; civic or community involvement; personal achievements/accomplishments; positive impact on the communities in the Oakfield-Alabama school district.

Anyone may submit a nomination for any person meeting the criteria stated above. Nominations must be made during the nomination period only (March 1 - April 30) by using the Online Nomination Form or the PDF Nomination Form (see links below). Electronically submitted nominations are strongly preferred over mailed-in, hard-copy nominations.

Online Nomination Form - http://www.oacsalumni.org/content/HallOfFame/NominationProcess/OnlineForm
PDF Nomination Form - http://www.oacsalumni.org/content_files/HallOfFame/NominationProcess/form.pdf

Scott Baker was hit hard enough the night of Aug. 25 that he suffered fractured bones in his face and a broken nose, a doctor testified today in the trial of Shane Bell in Genesee County Court.

Baker also hit his head on the pavement, which caused a small amount of bleeding in his brain.

The two traumas must be taken together said Dr. Gregory T. Bennett, clinical director of ECMC Neurology, as the cause of Baker's subsequent coma.

"We know it's all linked," Bennett said. "It's shock waves that go through the tissue."

When Baker arrived at ECMC, after being initially treated at UMMC, both hemispheres of his brain were "silent," Bennett said. "That is what causes a coma."

Bell is charged with felony assault. The jury is being asked to determine whether Bell intended to cause serious physical injury to Baker during an altercation outside the The Harvester bar on Harvester Avenue.

The 51-year-old Baker remains in nursing home care seven months after the incident. Bennett said it is impossible to predict whether he will ever recover. As a person over 30 years old, his chances of recovery from significant brain trauma are much less than it would be for a child.

"There is a significant risk that a person who is in a deep coma will never recover," Bennett said.

For the first week after the injury, there is significant risk of death, Bennett said.

When Baker was first admitted in the emergency room at UMMC, there was almost enough alcohol in his system to cause a coma. The level was 282 parts per deciliter. A person could potentially be in a coma at 300 parts per deciliter. A level between 150 and 250 could cause lethargy.

While Bennett said he didn't see the UMMC report when Baker was admitted to the trauma unit at ECMC, he said doctors knew he had been in a fight at night outside a bar, so it was assumed he had been drinking.

Since there's a risk associated with a brain pressure monitor, Bennett said doctors won't start the monitor on a person with a head injury who may have been drinking. Bennett said he decided to observe Baker for six hours to see if he would come out of the coma on his own before attaching the monitor.

Baker was still in a coma after an hour, so the monitor was attached.

There was no surgery that could be performed to deal with the brain trauma, Bennett said. His facial fracture was "non-displaced," meaning the bone would heal on its own without surgery. The broken nose did not require surgery, but splits were used to align the cartilage so it would heal correctly.

Bennett, during cross-examination, testified about the damage alcohol can do to the human brain.

"It's never therapeutic," Bennett said.

Even red wine's benefits for heart health is so minimal, that he never recommends it for a person with any level of heart disease. There are medications that are hundreds of times more effective in care.

Any amount of alcohol consumption over time cause damage to brain tissue. It causes atrophy.

A person who has brain atrophy from alcohol has even less of a chance of recovery from brain trauma, Bennett said.

Baker had no brain atrophy, Bennett said.

After Bennett's testimony, District Attorney Lawrence Friedman said the prosecution rests its case.

With the jury out of the room, defense attorney William Tedford made a motion to dismiss the case, saying that the people had failed to prove Bell intended to cause serious physical injury to Baker and that there is sufficient evidence that Bell reacted in self defense when he hit Baker.

Friedman disagreed with both assertions.

"Mr. Tedford has just given his summation," Friedman said. "Those are issues for the jury to decide."

Judge Tom Moran, substituting for Robert Noonan, who is hearing a case in Monroe County, said he would reserve his decision.

The morning testimony came from defense witness Robert Tedford, a City of Batavia firefighter and medic, who treated Baker at the scene and rode in the ambulance with him to UMMC.

Robert Tedford is the older brother of attorney William Tedford.

Robert Tedford testified that when he arrived on scene, a black male was cradling Baker, crying, and saying, "I can't believe they did this to you. Hold on. Don't go to the light."

The man delayed the attempt by medics to begin treatment on Baker.

Robert Tedford testified that there was an odor of alcohol around Baker, which was particularly pronounced inside the ambulance. He also testified that just smelling an alcoholic beverage gives him no indication how much alcohol the patient might have consumed.

The second defense witness was Curtis Gallagher, who initially testified that Baker "tried to grab" Bell and that he touched Baker. Under cross-examination by Friedman, he admitted that in previous statements, he did not mention seeing, with certainty, Baker touch Bell.

"I couldn't tell if he touched him on his shoulder," Gallagher said. "He put his hands up like he was going to."

He also confirmed prior testimony that when Bell started to cross the street, he told Baker, "You better be coming over here to smoke a bowl with me or you're going to get knocked out."

During his direct testimony, Gallagher only said, "You better be coming over here to smoke a bowl," and tried to testify that he believed Bell was implying consequences if that wasn't the case.

More than once, Judge Moran needed to remind Gallagher not to inject his opinion into his testimony.

Gallagher initially testified that he heard Baker say he had a knife and was going to stab Bell, but under cross, Gallagher said he only heard Baker say he had a knife at home and that he would go get it.

During cross, Friedman asked numerous questions about Gallagher's prior criminal record, which includes two felony convictions for the sale of drugs.

After Gallagher's testimony, the defense rested.

Atfter the jury left the court room, the attorneys and the judge discussed jury instructions. Friedman argued that there wasn't sufficient evidence presented for the jury to be instructed on justification (self-defense). Tedford argued that it's a low standard for the defense and that the evidence should be considered in the light most favorable to the defense. Moran agreed with Tedford.

The attorneys will present closing arguments after lunch.

Kayla Wormuth, 17, of Elba, center of the picture, is the new Genesee County Dairy Princess. She was crowned last night in a ceremony at Genesee Community College.

Wormuth, who was a dairy ambassador for three years, said she's eager and nervous about her new position.

"I thought it would be a great experience and get me out there talking more because I'm a very shy person," Wormuth said.

To the left of Wormuth is Casey Porter, the New York State Dairy Princess. The rest of the court is Carolyn Sybertz, Georgia Luft, Emily Mikel, Mary Sweeney and Becca Slattery.

Bluish smoke is coming from the back of a tractor that is in the westbound lane of the Thruway in the area of mile marker 393.

The trailer is hauling gasoline.

Town of Batavia fire dispatched.

UPDATE 7:36 a.m.: A chief is in the area. "Unfounded so far."

UPDATE 7:41 a.m.: The chief located the truck and spoke with the driver. The driver had checked it out. There was no heat nor fire, just a little smoke coming from the axle.

No sooner had the robins arrived when they discovered it might take a while before any worms were available. With their favorite staple somewhere far below earth's frozen layer, the robins had to make do elsewhere, like chilly sumac drupes.

Likewise, these starlings sampled the sumac.....this was not only the first time I had seen starlings eating sumac, it was the first time I remember starlings eating without making a noisy racket. Several dozen descended on the sumac trees and they hardly made a sound.

As the snow recedes, the whitetails aren't having to work so hard to find a meal.

For now yarding up is still commonplace -- warmer weather and greater food availability will result in herd dispersal.

From a distance I first thought this hawk to be a redtail.....the more I look I'm thinking its a rough-legged hawk.

Here it.s about to take flight.

Mourning doves have been showing up in vast numbers. This pair has been enjoying the spillage from our bird feeder.

With the snow all but gone, the red squirrels can get down to some serious foraging........

Score!!!!..................kinda looks like a meatball cookie with no icing!

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today voted in favor of legislation to give 6 percent of state contracts to disabled veteran-owned small businesses. As the ranking minority member on the Assembly Veterans Affairs Committee, Hawley is pleased to help pass this important bill, which honors his commitment to the well being of veterans who have made sacrifices for our country.

“This is just one small way to demonstrate our appreciation for veterans who were disabled in the line of duty. Disabled veterans understand the value of hard work and sacrifice, and will bring this positive attitude to the work they’ll do for the state,” Hawley said. “I have been working to push this legislation through the Assembly for several years. Now, disabled veterans will have opportunities to transition back into the workforce and make a life for themselves after their service is completed.”

The legislation will set aside 6 percent of state contracts for companies owned by veterans who were disabled in combat. This will help solve one of the biggest problems that disabled veterans face when they return home – the transition back into the civilian workforce. Due to their combat injuries, many disabled veterans are unable to take jobs that require physical labor, and often do not have the qualifications necessary for office jobs. This measure will give disabled veterans a chance to enhance their income for their families.

Reason Magazine: Does Microsoft Have the Right To Search Your Email?

A house-trailer fire is occurring at 1765 Broadway Road, just east of Tinkham Road. Darien fire is on scene. The structure is next to a barn.

UPDATE 7:14 p.m.: Alexander is requested to respond, mutual aid, with a tanker to the scene.

UPDATE 7:32 p.m.: Darien command reports the fire is out; overhauling the structure now.

UPDATE 8 p.m.: Command calls for Wyoming County inmates to respond to help out as needed. It will take an hour or two to make that happen, according to dispatchers in contact with the prison officers.

UPDATE 8:36 p.m.: All Darien units are returning to service.

The videotaped police interview of defendant Shane Bell resumed after today's lunch break in his trial for alleged second-degree felony assault outside The Harvester bar around 9 p.m. in August.

The victim, 51-year-old Scott Baker, remains in the Genesee County Nursing Home since his release from Erie County Medical Center's Intensive Care Unit in which he was comatose for a couple of months.

The crux of the case is whether Bell intended to harm Baker as seriously as he did when the right-hander gave him a single southpaw punch to the temple. If he had wanted to inflict serious injury, he would have used his right hand, Bell told police.

In the videotape with Det. Pat Corona, Bell appears cooperative as he speaks in a somewhat herky-jerky fashion, with a gravelly voice, his English peppered with expletives.

When asked "What did Scott Baker do?" The answer is simply "He wanted to fight."

Bell left the bar to look for his lost car keys and says "I'm walking forward. He brushed me. Second touch -- that was it. I didn't know if he had a knife ... or what."

The interviewer and interviewee examine the latter's hands and arms for scratches and blood.

"Were you angry?" Corona asks.

"No. ... He had the balls to get up and I'm a quarter way across the room and he chest bumps me. Thought maybe it was a drunk bump, but then he followed me across the street," Bell says, finishing the statement with a slight shrug.

After the blow -- which caused the victim to buckle and fall, striking his head on the pavement -- Bell says "I tried to help him. That's why there's blood on my pants. I picked his head up (makes a cradling gesture). Made sure he was breathing. ... He went into shock is what it was."

When questioned about his familiarity with Baker, Bell says "I knew who he was" and that he ran into him maybe five times a year.

In the moments before the altercation, he said he thought "Somebody's fuckin' with me. ... He's playin' like he's gonna kick my ass -- walkin' across the street to me. Maybe I shoulda let him knock me down -- but at the time you don't think like that."

The clock in the police office reads 12:59 a.m. at the conclusion of the interview.

After the video ended, Bell's attorney, Billy Tedford, cross-examined Corona and asked if he had been to the scene prior to the interview ("yes") and if he saw Baker there ("no"). Baker had been transported to the hospital by then. Corona testified that he only spoke with other law enforcement personnel at the scene.

Bell's attorney elicited that Bell had already been given his Miranda warnings; he did not ask for an attorney; he spoke freely and was cooperative at police headquarters.

The People subsequently called Diane Baker, Scott's mother, to testify.

Under questioning from District Attorney Lawrence Friedman, she told the jurors that she first visited her seriously injured son two days after the incident and he was in a coma. She said she continued to visit him twice a week and that he came out of the coma in October and was transferred to the nursing home where he remains, hooked up to a feeding tube. She said that at no point has she been able to communicate with her son about the night in question.

She was not cross-examined.

The jury was dismissed early. The case resumes at 9:15 Wednesday morning and the doctor who treated Baker is slated to testify.

Previously: Man accused of assault outside The Harvester told police he didn't hit victim as hard as he could

Press release:

"The people of Buffalo and Western New York have lost a true gentleman and friend. While not a local resident, Ralph Wilson keenly understood what it meant to be a Western New Yorker and how much the team he built means to our community. It was my great honor as a Member of Congress and as the former Erie County Executive to work with him, and I am deeply saddened by his loss. Our thoughts and prayers are with his family, friends and the entire Buffalo Bills organization during this time."

After the Batavia City Schools entry into a NYS Lottery contest was disqualified, a group of parents were sharing their disappointment on Facebook when some suggested maybe there should be a local fundraiser for the music department.

Allison Chua said, "I can do that."

She's set up a fundraising page at First Giving.

While the page shows no funds raised yet, Chua said she has received $300 in checks and some parents have said they will donate when they get back from Spring Break vacation.

The NYS Lottery contest involved schools making a video of students singing "Thank You for Being a Friend." 

Students were very upset, Chua said, when the lottery disqualified their video after it had already been selected as a finalist and was leading, by a slim margin, in votes.

"This is a way for us to show them we do appreciate what they do," Chua said.

The grand prize for the contest was $10,000, but Chua said the parents are setting a modest goal of $2,500 for their fundraiser, which is equivalent to the third place prize in the contest.

To donate, visit the First Giving Web page. To donate by check, mail your check to Batavia City Schools Parent-Teacher Coalition, attention Allison Chua, 260 State St., Batavia, NY 14020. All donations will go to the music programs of the school district.

Information from Holly Eschberger:

The Firland Flyers, a Mite Level travel hockey team out of Batavia, NY, took to the road last weekend to play in the 2014 Mullins Mite Madness Tournament in Amherst, Mass., on the uMass campus! The Firland Flyers, the only NY team in the tournament, faced teams from Massachusetts, Connecticut and Vermont and took 3rd place overall. Earlier this year, The Firland Flyers took 1st place at the Lakeshore Tournament in Greece and placed 3rd in their division at The Pepsi Tournament in Buffalo.

The 2013/2014 season was the inaugural year for The Flyers and the 2014 Mullins Mite Madness Tourney was their last outing as a team. Some of the players will move on to play at the Squirt level; others will continue to play as Mites.

The Flyers team is led by Coach Kevin Hamilton, Coach Fred Hamilton, Coach Dan Hudson and Assistant Coaches Jeff Whitcombe, Ryan Whitcombe and Joe Eschberger, managed by Bob Johnson.

The Firland Flyers Team is made up of 7- and 8-year-olds from Alexander, Batavia, Le Roy, Oakfield and Pavilion. Congratulations to Bronx Buchholz, Mason Cook, Chase Cummings, Joe DiRisio, Will Eschberger, Cooper Hamilton, Ryan Hamilton, Noah Hudson, Alex Johnson, Jameson Motyka, Greg Narburgh, Brennan Pederson, Mac Wormley and Noah Whitcombe on a successful, memorable and FUN season!

The man accused of assault outside The Harvester told police he didn't hit victim as hard as he could.

In statements captured on a police officer's body camera, a man accused of assaulting a fellow bar patron describes being badgered and bothered by the man he later hit.

Shane Bell doesn't deny hitting Scott Baker the night of Aug. 25 outside the Harvester bar on Harvester Avenue, Batavia. At issue in the trial is whether Bell intended to seriously injure Baker.

Bell is charged with assault in the second degree, a Class D felony, which means the defendant intended to cause serious physical injury.

Baker was apparently struck by Bell and fell to the ground, hitting his head on pavement. He was in a coma for a period of time following the incident.

According to Bell's statements captured on the officer's recording, Baker repeatedly pestered Bell and danced some, even closely, with his wife, though Bell said that didn't bother him.

"He just came up to me like a barfly three times and I just gave him a hug," Bell is recorded saying.

Bell also admits to being upset because he believed somebody had stolen his keys from the bar at The Harvester, which was hosting an annual party that day and a lot of people had been at there throughout the day.

Officer Arick Perkins -- then with Batavia PD, now with the Livingston County Sheriff's Office -- was wearing a police department issued body camera when he arrived on scene after the alleged assault was reported. He used it to record some of his initial conversation with Bell.

Bell admits to hitting him, but said he didn't think he hit him hard enough to hurt him seriously.

"I bitch-slapped him," he says at one point, and "I hit him so f---ing soft, it isn't even funny." He also says, "I hit him half-medium."

Later at the police station, Bell brags about being a kickboxer for 16 years and says he could have seriously hurt Baker if he wanted. He claims to have hit Baker with his left hand rather than his right, saying he was right-handed. The camera captures Bell showing his left fist to Perkins.

"Believe me if I wanted to have taken him out earlier, I could have taken him out earlier," Bell tells Perkins.

According to Jolyn Hyland, the first witness called in the trial, Bell came out of the bar shortly after she and her boyfriend pulled up to the parking lot driveway just south of the bar. Hyland said from the passenger side of the vehicle, she was able to observe what happened and hear some of the conversation.

When Bell came out of the bar, Baker, she said, mumbled something Bell.

Bell responded, she said, saying "I'm looking for my keys. You better not f--- with me."

Baker, she said, then threatened Bell, saying he had a knife at home and that he would go home and get it.

Bell, she said, walked across the street and Baker followed.

In the recording, Bell said Baker grabbed his shoulder and he turned around and hit Baker.

Hyland said Bell hit Baker in the face and followed through with the swing of the punch. She said it looked like Bell hit Baker hard and fast.

She heard Baker's head hit the pavement with a crack.

She said she saw a white car heading southbound on Harvester and at that point, Bell grabbed Baker by his legs, she said, and dragged him onto the grass next to the sidewalk.

She said Bell tapped Baker on the face several times, saying, "Wake up. Wake up. It was just one punch."

In the videotape, Bell -- who said he had medic training in the Marines -- said he took Baker's pulse and that it was 85.

When Perkins arrived outside the Harvester, he said he found Baker lying on the ground and observed blood above his right eye.

Det. Pat Corona was called to the scene. In his testimony before the lunch break, District Attorney Lawrence Friedman displayed a number of crime scene photos, including photos of blood on the pavement and on the grass, that Corona authenticated.

The jury was also shown a photo of Baker in the hospital, in intensive care, with a swollen and bruised face.

Friedman then showed a video made at the police station of Bell giving a statement to Corona.

Bell repeats several times that he didn't hit Baker hard. He demonstrates once or twice how he used the back of his open left hand as part of a turning, sweeping motion, and once demonstrates hitting Baker with a closed fist.

Bell's statements are disjointed and he says a number of times that the whole incident isn't really clear in his own mind as to what happened.

At one point, he pulls the back of his tank top shirt to show how Baker grabbed him before he turned around and struck Baker.

Corona will still be on the stand, and there's more of the interview recording for the jury to view, after the lunch break. Billie Owens will post a story about the afternoon of the trial later tonight.

Attica and Byron-Bergen won semifinal rounds of the mock trial competition held in Wyoming County Court, in Warsaw, on Monday night.

All four teams were 1-1.  Here's the point totals:

Attica - 120 points
Byron-Bergen – 119 points
Batavia – 113 points
Pembroke - 112 points

The finals are tomorrow, 5 p.m., in the Genesee County Courthouse.

To purchase prints, click here.

The Le Roy Volunteer Fire Department dedicated a new truck Monday night and officially put it in service.

The truck is a 45-foot-long heavy rescue, Rescue 66, that replaces a Peterbuilt that was put into service in 1994.

A rescue carries no water. Rather it is filled with tools that can be used on every type of call a fire department might handle, from structure fires and accidents to water rescues.

In fact, the new truck contains a compartment just for an inflatable boat.

"We used to mount a steel boat on top of one of the pumpers and tie it down and drive down the road with a boat on top of a pumper," Chief Tom Wood said. "Now we have an inflatable boat in a compartment on a truck where it's always ready to go at a moments notice."

The cost of the truck was $690,000 and paid for by fire district taxes.

Among the trucks tools are cutting and spreading tools for vehicle extrication, various axes and saws and picks, a couple of extra hoses, brooms for brush fires and a cascade air tank system.

"It's basically a rolling tool box," Wood said.

The air tank system will give Le Roy the ability to refill air packs for City of Batavia fire as well as other departments in the county. Typically, Darien fire has responded to fires in the city to provide support on air pack supply, but the new truck will provide another option for City fire.

At 45-feet-long, Rescue 66 is among the biggest rescue trucks in the county.

It can carry six firefighters.

"It rolls on every call for us, whether it's a brush fire, because it's got rehab on it for heat, structure fire air, or just for manpower," Wood said. "If another department in the county calls for manpower, this is the truck that's going to go."

Deacon Dave Ehrhart performed the blessing for the truck and the department members who attended the ceremony.

To find out more about becoming a volunteer firefighter, visit ReadyGenesee.com.

Chief Tom Wood shows off some of the tool storage on Rescue 66.

Compartment with inflatable boat, engine and water rescue gear.

U.S News and World Report: Hobby Lobby Case Goes Before the Supreme Court

Via WBTA:

Tensions are rising over a proposed Seneca Casino in Henrietta.

The law firm for Rochester developer David Flaum -- who’s working with the Senecas to explore a Las Vegas-style casino in Henrietta -- has written a letter to Western Regional Off-Track Betting threatening legal action.

It’s over the complaint filed by WROTB to the state ethics board over alleged illegal lobbying activities. The complaint seeks exploration of potential violations of the state’s lobbying law between the Seneca Gaming Corporation/Seneca Nation and Flaum. Batavia Downs CEO Michael Nolan told WBTA at the time of the filing that “evidence exists to support the conclusion that Mr. Flaum and Flaum Rochester have been acting as unregistered lobbyists and have accepted a contingent-based employment from the Nation.

Also some evidence exists to support that the Nation and the Seneca Gaming Corporation are considered lobbying clients of Mr. Flaum and Flaum Rochester and have failed to submit required semiannual reports.”

The developer’s attorney called the complaint “fabricated” and that if it wasn’t dropped, they would sue OTB.

OTB officials say it’s well within their right to seek an opinion from the ethics panel.

“We just submitted the complaint to JCOPE, which is a state commission that’s tasked with interpreting if a contract of this type falls within the ethics law,” OTB President and CEO Michael Kane said. “That’s all we’ve done.”

Multiple municipalities and politicians have voiced their opposition to the casino, saying it would have negative effects on Batavia Downs and the area.

The Senecas purchased 32 acres of land in the Town of Henrietta earlier this month.