A one-vehicle rollover accident with entrapment is reported at Sweetland and Transit roads. Stafford fire and Mercy medics are responding.

UPDATE 9:19 p.m.: Mercy Flight is called to the scene. It will be landing in the roadway.

UPDATE 9:23 p.m.: Traffic Police are requested to shut down eastbound traffic and Clipnock at Sweetland roads.

UPDATE 9:28 p.m.: Mercy Flight #5 out of Batavia has landed on the north side of Sweetland Road.

UPDATE 9:34 p.m.: Two more helicopters were requested. The second one is responding. The third is cancelled because it is in Syracuse with a 45-minute ETA. A ground ambulance will be employed instead.

UPDATE 9:45 p.m.: Mercy medic #2 is inbound to Strong with two patients onboard. Mercy Flight #5 is airborne with a patient; we do not as yet know the destination. Mercy Flight #9 has landed in the roadway west of the accident scene.

UPDATE 10 p.m.: Two patients are being taken to Strong via two Mercy Flight helicopters. Another four are being tranported there by two ambulances.

UPDATE 10:06 p.m.: A firefighter at the scene told Howard "If they hadn't been seated and belted, it would've been a different story."

UPDATE 10:52 p.m.: The Stafford assignment is back in service.

UPDATE 11:45 p.m. (by Howard): The initial investigation, according to Sgt. Ron Meides, is that a Chevy Suburban was northbound on Transit Road and a Chrysler minivan pulled into the intersection. "The driver of the Suburban did try to stop, but was unable to," Meides said. There is a hill on Transit south of the intersection, but a crossing car at night should be able to see the headlights of an approaching vehicle, Meides said. It's unknown if the driver of the minivan simply didn't see the SUV, was distracted, or thought the SUV driver had a stop sign, too (there is no stop sign for Transit Road traffic at that intersection). It's believed the minivan stopped and then proceeded into the intersection. The driver will likely be cited for failure to yield right of way, Meides said. Three adult women and three children were in the minivan. All were transported to Strong Memorial Hospital, one via Mercy Flight with a possible head injury. The passenger of the SUV -- the only person involved in the accident not wearing a seat belt -- suffered a possible head injury and was transported to Strong by another Mercy Flight unit. The driver of the SUV was not injured. None of the injuries are considered life threatening, Meides said.

FINAL UPDATE (by Billie): The names of those involved in the accident have been released. The driver of the Chevy Suburban was 27-year-old Jared Fleming of Genesee Street, Corfu. He is charged with felony DWI and felony driving with a BAC of .08 or more. He was arraigned in Stafford Town Court and released. Additional charges are pending. His front seat passenger, Ashley Cornett, same age and location as Fleming, was not wearing a seat belt and sustained a head injury. Mercy Flight took her to Strong. A rear seat passenger, Katlyn Hahn, 26, of Alden, was not injured, nor was the driver. All occupants of the other car involved, a Chrysler minivan, were transported to Strong for injuries or evaluation. They were driver, 26-year-old Latoya Stanley, of Ellicott Street, Batavia, front seat passenger Markeda Starks, 23, of Rochester, who went via Mercy Flight; rear seat passengers Kristina Drake, 24, of Rochester, Nakai Williams, 6, Jah-Mel Roman, 3, and Antonio Roman, 5, all of Batavia. All were reported in stable condition. Charges are pending against the Chrysler also.

A two-car accident with injuries is reported at Route 98 and Batavia Elba Town Line Road. Elba Fire Department and Mercy medics are responding.

UPDATE: One person was transported to Strong Memorial Hospital. The accident involved two vehicles, one of which was a pickup truck.

It took a Genesee County jury all of 95 minutes to conclude that Sean Vickers did in fact molest five boys in Batavia over the several years prior to 2013.

The guilty verdict on five counts concludes a three-day trial in County Court.

Vickers, 45, will be sentenced at 10:30 a.m., Aug. 28 29.

The defendant stood motionless in a pressed black suit as the jury foreman was asked to recite the verdict on each of the five counts against Vickers.

Sodomy in the first degree: Guilty.

Sodomy in the first degree: Guilty.

Criminal sexual act in the first degree: Guilty.

Criminal sexual act in the first degree: Guilty.

Sexual abuse in the first degree: Guilty.

Previous coverage:

• Former Batavia resident accused of sex offense against a child more than a decade ago
• Grand Jury indicts man for alleged sexual conduct with a child under 13
• Former Batavia resident accused of sexual conduct with a child appears in court
• Brothers suspected of having multiple sexual abuse victims over three-decade period
• Detective worries there may be more victims locally of alleged child molester
• Chance at bail revoked for man accused of sexually assaulting children in the city years ago
• Grand Jury indicts convicted child molester on 11 new counts
• Alleged child abuser picks trial over plea deal with a possible 40-year prison term
• Trial of convicted sex offender Sean Vickers begins today
• Molester had abundant opportunities to sexually abuse kids in this case, but so did many others
• Child gives explicit testimony in sex abuse trial of Sean Vickers
• Two experts testify about characteristics of child sexual abuse and its effects in Vickers trial
• Attorneys present their cases to the jury in sexual abuse case

The Raceway Mini-Mart at 629 E. Main St., Batavia, has closed.

A customer contacted us last week about the impending closure and said the store shelves were nearly bare as the owners wound down their operation of the location. She said the owners told her annual rent increases were making it harder to keep the business going. 

She said she was sad to see them close.

"They are the nicest store owners I have encountered," she said. "Every time I’ve gone in there I have just felt that they were so appreciative of my business, and their friendly nature is just so welcoming."

The property is owned by Kevin Brady, president of Townsend Energy in Le Roy.

Brady wasn't available for comment, but a Townsend employee said the building has been leased to another operator and will reopen, but no name or opening date is available at this time.

Photo and some reporting by Alecia Kaus / Video News Service.

Inconsistencies in witnesses testimonies, a lack of evidence, and a witness who had motivation to lie are all reasons to find Sean Vickers not guilty of sexually abusing five boys in Batavia, defense attorney Jerry Ader told jurors today in closing arguments of the three-day trial.

District Attorney Lawrence Friedman countered that Ader "nibbled around the edges" of the case and ignore inconvenient facts.

Jurors are being asked to decide whether Vickers is guilty of sodomy (the title of the law at the time of the alleged offenses) and criminal sexual act.

Vickers, a former Batavia resident, was living in Geneva at the time of his arrest. 

Ader, of the Public Defender's Office, told jurors that one witness told investigators at one time that he was eight years old when Vickers molested him; at trial, the same person said the acts occurred in 2011. 

Both statements couldn't be true, Ader said.

"You have people here who just don't remember what happened and when," Ader said. "That leads to whether these things happened at all."

Friedman said that while a person's childhood memories may be faulty about dates, they aren't faulty -- at least in this case -- about the searing memories of abuse.

None of the alleged victims at any point were inconsistent or recanted their testimony about specific acts of abuse, even if they couldn't place them at the right time in their lives.

"That's not something they forget," Friedman said. "That's not something they confuse with something else. That's something that sticks with them for the rest of their lives."

Ader said only one police officer testified at trial and provided only one fact relevant to the case.

"The people did not offer any evidence to support the alleged victim's testimony from an unbiased law enforcement investigation," Ader said. "You heard testimony from a forensic expert that interestingly can explain every inconsistency as being consist with child abuse. How convenient that every possible inconsistency can support sexual abuse."

There was an investigation, Friedman said. That's how some of the witnesses were located and their stories of past abuse -- or knowledge of abuse -- were brought to light.  

And the forensic expert didn't testify that inconsistencies were evidence. She explained, Friedman said, why children who have been abused sometimes lie, hide the truth, are fearful of coming forward and change their stories. 

"We're not at all suggesting that this is evidence of abuse," Friedman said. "This is not a diagnostic tool. We're not saying if you find those factors it proves abuse. The purpose of her testimony is for you to hear from an expert with her speciality explaining why these things happen and don't happen."

The alleged victims were consistent in the key facts: their abuse, Friedman said.

"With five victims in this case, there is no indication of them ever retracting the allegations of sexual abuse," Friedman said. "There's no indication of peer pressure. There's no indication of suggestions by others."

Ader was especially critical of one witness, now an adult serving a state prison term for sexual abuse, who claimed to have been abused by Vickers when he was 12.

The witness has been denied parole before and has another upcoming parole hearing. That's motivation to lie, Ader said.

"He's been in prison for years," Ader said. "He's had more than enough opportunity to make statements, to contact police, to say something about (Vickers) for years, without any threats or promises. (Vickers) can't get him in prison. He can send an anonymous letter. Nothing. But now he needs to get out of prison, so he makes the allegations against (Vickers). How convenient."

The fact is, Friedman said, the witness had shared his allegation of abuse at the hands of Vickers 10 years ago, just not in as much detail as now.

Also, it's not like the witness came forward. An investigator located him and questioned him. There's no evidence the prisoner asked for or received special treatment in exchange for his testimony.

The jury started deliberations after receiving instructions on the law and the counts against Vickers this afternoon.

CORRECTION: An earlier version of this story left out the word "not" in the following quote from DA Lawrence Friedman: ""This is not a diagnostic tool."

Press release:

After 26 years as president and CEO of Tompkins Bank of Castile, James W. Fulmer is retiring from those roles at the end of this year, but will remain as chairman of the bank’s Board of Directors, said Stephen S. Romaine, president and CEO of Tompkins Financial Corporation, the bank’s parent company.

“Jim has been instrumental in Tompkins Bank of Castile’s growth and success for the last quarter century, growing the bank from five locations with assets of $85 million in two counties, to an influential financial services organization with 17 offices in five counties and $1.2 billion in assets,” Romaine said. 

In addition to remaining as chairman of Tompkins Bank of Castile’s Board of Directors, Fulmer will retain several other corporate roles, including vice chairman of the Tompkins Financial Board of Directors, chairman of the board of Tompkins Insurance Agencies, and member of the boards of Tompkins Financial Advisors, Tompkins Mahopac Bank and Tompkins VIST Bank, all affiliates of Tompkins Financial Corp. 

“My position with Tompkins Bank of Castile has been extremely fulfilling because of the team of employees who are dedicated to providing top quality financial services and serving our Western New York communities,” Fulmer said. “Any success we have accomplished is the result of their combined efforts and the expertise of so many talented coworkers.

“My continued involvement at a strategic level will allow me to assist further growth of our affiliates, but also to enjoy some of the benefits of retirement,” he added. 

Fulmer is active in a variety of professional organizations, including the board of directors of the Federal Home Loan Bank of New York and was recently appointed to the Federal Reserve Bank of New York Community Depository Advisory Council. He actively serves as a member of the board of directors of Erie and Niagara Insurance Association of Williamsville, Cherry Valley Insurance Agencies of Williamsville, the United Memorial Medical Center of Batavia, and is vice chairman of WXXI Public Broadcasting Council of Rochester. 

He and his wife, Marjorie, live in Le Roy. They have three grown children. 

John McKenna Named New President & CEO

The company Board of Directors has named John M. McKenna president and CEO to succeed Fulmer. McKenna has been a senior vice president at Tompkins Bank of Castile for five years, concentrating in commercial lending.

“John has the depth of knowledge of banking, our company’s culture and the Western New York community to continue the bank’s success,” Fulmer said. 

McKenna brought more than 20 years of banking experience to Tompkins Bank of Castile when he joined the organization in 2009. 

A Rochester native, McKenna earned a bachelor’s degree in economics from the University of Rochester in 1988 and his M.B.A. in finance and marketing from the William E. Simon School of Business Administration in 1992. 

He resides in Brighton with his wife, Martha, and their four children. Active in the community, he is a board member of the Bishop's Stewardship Council for the Diocese of Rochester, Medical Motor Service of Rochester and Monroe Community Hospital Foundation, and treasurer of Al Sigl Community of Agencies.

Tompkins Bank of Castile is headquartered in Batavia, where McKenna will have his office.

Capital New York: Cuomo critics charge illegality after Times' Moreland expose

About 15 to 20 people are reportedly fighting, armed with baseball bats, at Lewis Place and State Street. City police are responding.

UPDATE 8:54 p.m.: Howard at the scene reports that there are six cop cars at the scene, including units from the Sheriff's Department. In addition, he said dozens of people "are milling about," some of whom are being interviewed by law enforcement. One witness told Howard that no baseball bats were involved.

At least 10 vehicles were broken into this evening on Bank Street Road at the Batavia Sports Park. The victims of these "smash-and-grab" crimes are missing purses, wallets, jewelry, credit cards and more.

Mostly, side windows were smashed, but one vehicle had a rear window smashed.

The crimes were reported by an off-duty deputy. State Troopers are on scene now.

Although soccer and kickball games were under way at the park, no witnesses have been found.

In addition to these crimes, it is reported that overnight on the city's Southside, at least four criminal mischief complaints resulted from vehicle break-ins.

For tips that may aid in the investigation, State Police can be reached at (585) 344-6200.

UPDATE 9:45 p.m.: Using mobile phone tracking technology, State Police were able to locate three bags of purses in a dumpster at a hotel in Clarence off the Thruway. No suspects found.

In the past, when Dr. Ronald Reed has expanded his practice, he's erected gleaming new buildings from the ground up.

But not in Batavia.

Reed Eye Associates has opened its sixth location and Reed selected a location with character and ambiance and a bit of history.

The brick building at 39 Washington Ave., across from Austin Park, was most recently the City Schools administration building, but when originally built in 1903 by Edward Dellinger, it was an elementary school.

Batavia's most prominent architectural firm of the time, Henry Homelius and Son, designed the building.

In remodeling the interior, Reed has kept to an art deco theme with a touch of modernism in keeping with the character of the building.

"I saw the building listed online and went to the site and looked at the building and liked it," Reed said. "I called Tony Mancuso, who had the listing, and he gave me a tour. I thought, 'this building needs a lot of work, but it has some great bones.' "

Refurbishing the building also uncovered a little history. One brickmason left behind a note found in the stairwell that said the best men laid the bricks. Another worker in 1939 put a note in a bottle, which was found in a wall, that said "if you're reading this note, it means by now we're all in hell."  

Then there was letter on YMCA letterhead and postmarked 1913, address to a young Myron Fincher. The apparently mimeographed letter speaks of a young man worthy of attention who exchanged a correspondence with Frank Crane, a Presbyterian minister and newspaper columnist. The letter references the enclosed newspaper column, but the column was not in the envelop.

Fincher was born in 1898 in Corfu and worked on the family farm. His fondness for animals brought him to Cornell University. He became an internationally prominent veterinarian. Early in his career he received the Borden Award from the American Veterinary Medical Association. By the 1960s, he was working overseas in places such as Peru, Uruguay, Brazil, Greece, Nigeria and Italy.

Reed said it was thrilling for these little bits of history to be found in his old building.

Reed's company purchased the property from the school district in 2012 for $500,000 and its 13,452-square-foot building. The renovations cost more than $1.5 million and helped put the property back on the tax roles. Reed Eye received $140,861 in tax incentives through Genesee County Economic Development Center for the project.

The expansion of the practice, which was founded in Bushnell's Basin (Pittsford) in 1978 has come, Reed said, as the practice attracted more and more patients. Each time an office would grow beyond its capacity, rather than expand that location, Reed looked at his patient list and figured out where he had a concentration of patients who were driving some distance to get to his office.

First, Reed Eye expanded to Greece, then Irondequoit, then Newark followed by Sodus.

Expansion has been driven, Reed said, by his belief that doctors should focus on their patients.

No long ago, he said he was asked to speak to a group about the secret of his success. He declined, he said, because "there is no secret."

"My word of advise is 'take good care of your patients and your patients will take care of you,' " Reed said. "If that's the focus of your practice, the patients will build your practice. If you don't, you won't have a practice."

With more and more patients from Genesee County, particularly because of a partnership with Dr. Bill Lapple in Le Roy, Batavia seemed to be the natural choice for a sixth office complex.

Reed said there were simply no suitable sites for the office, which was one reason he considered the old school administration building.

The fact that it's large, with plenty of parking (and room for more), centrally located in the city and across the street from a park, where all advantages.

"The park helps give it a nice bucolic feel," Reed said.

In the redesign, as much of the old building was preserved as possible -- the arches, the worn stairway trampled by thousands of students over the years, and the old woodwork. There's even an old desk from the library that is being restored and will be a centerpiece of the entry hallway.

"I've had an interest for some time in historic preservation," Reed said. "We have a 100 year old house in East Rochester that we've been restoring. This seemed like the right thing to do."

The focus on historic preservation shouldn't imply that the practice isn't state of the art. Reed's optometrists, opthamologists and opticians (and even a facial plastic surgeon) have all new equipment to work with.

Read also believes in supporting the communities he does business in. He hires locally as much as possible, he said. Four key employees already with the Batavia office are longtime Batavia or Le Roy residents.

"When a patient walks in the door, they should recognize the people who work there as members of their community," Reed said. "I want to support the town because if the town supports me, it has to be mutual. We want to keep the dollars local."

There will be a ribbon-cutting and open house for Reed Eye Associations at 2 p.m., Friday.

Optomistrist Kimberly Rosati with patient Tanner Richardson, who was in the clinic Wednesday learning how to put in his new contact lenses (picture below).

A Batavia Downs patron is alive today because of the training and calm professionalism of a security guard who started CPR and helped administer defibrillation.

Cory Lapp is only 21, but he's already been a volunteer EMT with the Attica Fire Department for three years (he joined the department at age 16). His medical training came in handy while working security at the casino when he checked on a report of a patron who was down and unresponsive.

"There were a couple of people standing around, so I peaked over and realized he wasn't moving at all," Lapp said.

Lapp immediately started CPR and summoned a partner, Officer Bob Humphrey, to retrieve the defibrillator.

Together, they used the machine on the patient and the man revived and was later transported to the hospital.

The name of the patient has not been released.

As an EMT, Lapp has been called on to perform CPR before, but he said it still feels pretty good to save a life.

"It feels good to know that when he was in my hands, he was alive," Lapp said. "It's a good feeling. It's kind of hard to describe it."

As Lapp walked with a reporter through the facility, coworkers congratulated him.

"Good job, Cory," they said as he walked by.

A caller reports a child on a bicycle was struck by a Jeep in the area of East Avenue and Walker Place. City police, fire and medics responded.

This was initially reported as being at 34 Columbia Ave. Regardless, the victim is inside the residence at that address.

The vehicle was also described as being a gray van.

City fire is back in service. Police are speaking roadside with the driver.

UPDATE 5:13 p.m.: Medics are taking the patient to UMMC. He is described as 9 years old and complaining of right side pain and a bump on his head.

The people called two expert witnesses this afternoon in the Sean Vickers' trial to testify about child sexual abuse -- a pediatrician and a forensic interviewer.

Both established that the perpetrator who sexually abuses children is usually a relative or someone the victim knows well. A victim often doesn't report the abuse right away, sometimes never. Reasons for this include fear, guilt, threat of retribution, not wanting to be viewed as abnormal, et al. And obvious signs of sex abuse are overwhelmingly absent.

Dr. Jack Coyne, a pediatrician with an office in Batavia, helped establish the Child Advocacy Center here and in Erie County. He explained that these facilities provide a place for children to be examined and interviewed in a more comfortable environment than a hospital or police station.

"We help them know they are OK, their bodies are OK, Coyne said.

He testified that only 3 to 5 percent of all reported cases of child sexual abuse in the nation reveal definitive, physical proof that sex acts occurred. Examinations rarely detect lesions, for example. Unless there is pregnancy, the presence of a sexually transmitted disease, or obvious signs of rape, the objective aspects (physical facts) of these exams turn up nothing. It is in the subjective interviewing process that a sexual abuse diagnosis is most often determined, Coyne said, noting that half of all the sex abuse cases he's handled involve children under age 7.

He explained the seemingly illogical statistics by saying that, because the perpetrator is usually known, this person takes care not to be found out, to leave no evidence. Fondling was an example. Then he graphically detailed how sex acts can be performed without leaving physical clues and noted studies that show that orifices of the body are "very vascular" and can bleed lightly but then heal very quickly without scarring.

In the 2 to 3 percent of child sex abuse cases involving complete strangers, they don't care about injuries. Yet even then, Coyne said, the body heals swiftly and a couple weeks or months later, it's not unusual for physical evidence of a crime to be absent.

In April 2013, Coyne said he examined three children in this case (a 9-year-old boy and twin boys who are his cousins).

District Attorney Lawrence Friedman asked, if the objective part of the exam was normal, does that rule out sex abuse?

"Not at all," the doctor replied, adding that the key is whether the assessment is consistent with the history as described by the child.

Defense attorney Jerry Ader asked if it is correct that for each of the children's exams in this case, the objective findings provided no evidence of abuse.

Coyne said a doctor cannot divorce objective findings from the subjective ones.

In this case, Ader said, your findings don't prove sexual abuse occurred, to which the doctor concurred.

Under questioning by Friedman, the doctor reinterated the statistic that in only 3 to 5 percent of all cases of child sexual abuse is there objective -- factual -- physical proof.

Next on the witness stand was Katherine Colgan, who works at the Batavia CAC as a forensic interviewer of abused children. She has degrees in Education and Criminal Justice and said she has conducted thousands of victim interviews. She said she is a trained expert in the characteristics displayed by sexually abused children.

And they share several characteristics:

Secrecy -- They tend to keep their secret a long time because they are fearful of hurting their family and a person beloved by the family;

Fear -- There may have been a threat by the perpetrator to leave the family or perhaps the promise of safety for a sibling ("If you don't tell, I won't molest your little sister.");

Guilt -- For the acts that occurred; for the impact telling might have on the family;

Helplessness -- They are taught they must listen to whatever an adult tells them to do, obey;

Entrapment -- Because they feel helpless and that there is no way out;

Disassociation -- These are coping mechanisms they develop to exist in an abusive situation.

Adults, who might expect a child to come forward immediately and to be outraged, may be puzzled by the delay in reporting the abuse or that the disclosure was made in a mild, unconvincing manner.

She used the term "flat affect," a clinical term for a demeanor void of expression or emotion. Or, conversely, the child may giggle inappropriately, or "test the waters" of people's reactions by means of "incremental disclosure."

"Most abused children simply say 'I want the abuse to stop,' " Colgan said. "They aren't seeking revenge or punishment for the perpetrator. They just want it to stop."

Another response of these children is an attempt to rectract their accusations ("None of that happened. I made it up.") possibly because of external pressures or their concern about breaking the family apart.

"If they are not getting the support of the non-offending parent, they are more likely to recant or to not even reveal their secret in the first place," Colgan said.

Ader offered a simpler explanation. Could the reason for trying to recant the allegation or the delay in coming forward be that it simply was not true? That they were lying?

Yes, Colgan said, that could be the case.

As for incremental disclosure, Ader asked, could a reason for that be that the child is getting lots of attention, treats?

"It's possible," Colgan said.

How about peer pressure, Ader asked, could that be a factor?

Colgan said peer pressure works both ways, either to support telling the secret or to stifle it.

Friedman said earlier discussion had brought out that it's possible for the abused to still love the abuser and continue to spend time with that person. How is that?

Colgan said a published study in 1983 of this phenomena has now become commonly accepted as characteristic of sexually abused children.

The prosecution rested its case; the jury filed out, whereupon Ader made a motion to dismiss all the charges due to a dearth of evidence to sustain charges of a course of conduct of sexual abuse.

At that point, what at first portended to be a brief meeting on points of law and considerations for the jury, morphed into a confusing, arcane, back-and-forth exploration of the minutae of law, which at times resulted in oddly humorous moments and the scratching of heads.

Judge Robert C. Noonan ordered the lawyers to return to the courtroom at 9 in the morning to resume the discussion and the jurors are expected to return to their seats at 10 a.m.

The defense also rested its case.

Beforehand, the judge asked Vickers if he had agreed not to take the stand and testify on his own behalf. Vickers, standing, said softly, that yes he had agreed not to testify.

Due to the likelihood of rain, the Batavia Concert Band's performance this evening is moved to the Stuart Steiner Theater at GCC.

From the announcement:

Tonight's concert will feature bandmembers' and conductor John Bailey's favorite pieces from this Summer and years past. It'll be an audience (and musician) pleasing mix of movie themes, Big Band and Broadway tunes, and of course -- marches!

The first witness this morning in the sexual abuse trial of Sean Vickers, a former Batavia resident, offered testimony that was jarring and explicit.

The child testified that Vickers forced him to perform oral and anal sexual acts.

District Attorney Lawrence Friedman asked a series of questions about the acts, which the child answered in simple, direct language.

Friedman: "What did that feel like?"

The witness: "It didn't feel good. I cried."

That witness and a second child testified to alleged abuse in early Autumn, 2012.

Defense attorney Jerry Ader asked the first witness about family outings with Vickers.

"You had said that Sean (Vickers) bought things for you. Were these purchases just for you?"

"No."

"So when you went out with Sean, he paid for those outings?"

"He paid for outings, but I'm really not sure."

Next, Ader switched gears. Reminding the first witness that he had been asked these questions before, right here in Batavia, where the witness had responded that nothing ever happened; also asking the witness if he had said anything to anyone about Vickers, to which the witness responded, no.

"I said nothing happened because I was scared."

After Ader's questions to the witnesses, the DA asked if Vickers had said anything to them. "Do you like it?" "You can't tell anyone" and "You have to promise not to tell anyone" were the responses.

The third witness's memory was a bit shaky at times and Ader masterfully cast doubt as to the credibility of said witness.

"When you were here before in front of the Grand Jury you had said that Vickers told you not to say anything to anyone, yet today you are saying that he said nothing?"

"Yes."

"So, which one is the truth?"

"He didn't say anything."

Friedman countered Ader, asking the witness to think back at the time in 2012 and asked the witness again if Vickers said anything to him and again, the witness again said he (Vickers) did not say anything to him.

However, Friedman also asked the witness if he had said anything to anyone about what Vickers did to him.

"Yes. My Uncle and Dad."

"You didn't tell your Mom?"

"No."

The morning's final witness testified that Vickers had spent several weekends in their home as well as a relative's home where the boys had often gone to throughout the Summer, occasionally spending weekends there. The witness also verified that Vickers purchased items for the family, as well as, treated them to outings such as skiing, camping, the zoo, and the movies.

"Whatever the boys wanted, they got."

Friedman asked the witness if Vickers had ever took videos of the boys, whereas the witness affirmed. However, Ader countered that objections to the videos being taken were never voiced, to which the witness concurred. Ader also pointed out that the witness could not definitively say that Vickers was at the residence where the boys spent an occasional weekend, as the witness was not the only person who had dropped them off.

Before the jury entered the courtoom for the morning testimony, Ader objected to the use of two prosecution witnesses. The jury is already aware of the effects of child abuse, Ader argued. Friedman said the expert testimony is necessary for the jury to have a complete understanding of the effects of child abuse. Judge Robert C. Noonan overruled the objection.

The trial resumes at 2 p.m.

A child has reportedly been struck by a car in the area of 3314 Buffalo St., Alexander.

Alexander fire and Mercy EMS dispatched.

UPDATE 10:54 a.m.: Dispatchers are checking the available of Mercy Flight.

UPDATE(S) by Billie 10:58 a.m.: Mercy Flight 5 out of Batavia is going to the scene and has an ETA of about 7 minutes. The child was struck in front of Alexander Central School and Mercy Flight will be landing in the school's football field.

UPDATE 11:01 a.m.: Mercy medics have arrived. Responders are cautioned that a portion of Route 98 in that area is down to one lane of travel due to construction work.

UPDATE 11:08 a.m.: Mercy Flight has landed.

UPDATE 11:23 a.m.: Mercy Flight is airborne and transporting to Women & Children's Hospital in Buffalo.

UPDATE 11:50 a.m.: Howard at the scene said a child was crossing Buffalo Street southbound and struck by a Ford SUV that was eastbound. The child suffered possible internal injuries. Howard is about to speak with a Sheriff's sargaent to get more details.

UPDATE 12:07 p.m.: Law enforcement is not releasing the name or age of the child, who was a boy. They don't know at this point exactly what happened, if the child just darted out into the street or what. Speed is not considered a factor and other children were nearby. Witnesses are being interviewed. While there's concern about possible internal injuries, the extent of injuries are unknown at this time. The child did suffer leg injuries.

UPDATE 3:40 p.m.: The Sheriff's Office has issued a press release on the accident. The driver is identified Christopher D. Earsing, 30, of Alexander. The child is 8 years old, but not further identified. He is in stable condition at Children's Hospital. The investigation is being conducted by Deputy Matthew Butler and Investigator Roger Stone.

Benito A. Gay, 26, of Bank Street, Batavia, is charged with criminal impersonation, 2nd. Gay is accused of giving a false name to police in an attempt to hide his identity as an alleged parole absconder. Gay was jailed on a NYS Parole retainer.

Mckayla J. Kosiorek, 19, of Jackson Street, Batavia, is charged with unlawful possession of marijuana. Kosiorek allegedly possessed marijuana paraphernalia containing marijuana residue.

Alex Scott Dumbleton, 21, of Liberty Street, Batavia, is charged with two counts of criminal contempt, 1st. The day after being served an order of protection barring contact with two people, Dumbleton allegedly went to the residence of the protected parties.

Brian Eric Daggar, 28, Woodmill Drive, Holley, is charged with petit larceny. Dagger was arrested on a Town of Batavia warrant by the Monroe County Sheriff's Office during an investigation into an incident at the Walmart in Brockport.

Amanda Marie Webb, 25, of Colby Road, Darien, is charged with petit larceny and criminal possession of a forged instrument, 3rd. Webb was stopped for an alleged traffic infraction on Colby Road, Darien, and was found to have a warrant out of City Court for an alleged crime reported March 31 at 10 at Jefferson Square, Batavia.

The following people were arrested by the Genesee County Sheriff’s Office during the Rockstar Energy Mayhem concert at Darien Lake Performing Arts Center on Tuesday.

Logan J. Lukowski, 18, of Buffalo Road, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

(name redacted), 18, of Southland Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old resident ,of Lexington Green, West Seneca, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Kyle J. Ramen, 19, of Kirkwood Drive, West Seneca, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old resident of Bridlewood Drive, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

MatthewJ Suszka, 20, of Capital Heights, Holland, is charged with criminal possession of marijuana, 5th, criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic Instrument after allegedly being found in possession of more than 25 grams of marijuana, hallucinogenic mushrooms and hypodermic needles.

Shaun H. McGhee, 29, of Route 11, Antwerp, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Jeffrey T. Peyman, 30, of Ellicott Street Road, Batavia, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Jemel Cannon, 37, of Crotona Park, North Bronx, is charged with disorderly conduct after allegedly causing a disturbance in the parking lot.

New York Times: Repeal Prohibition, Again