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Jeremy Liles, owner of Oliver's Candies, with the help of his family and employees, made the company's new production facility in Elba today official with a ribbon cutting.

Oliver's hosted two days of open houses in the candy factory and the satallite candy and ice cream shop on Main Street, Elba. Liles moved production from the Main and Oak location in Batavia, so the business could expand, while keeping the store in Batavia. That store will also expand now that candy production has been moved to Elba.

Previously: Oliver's Candies to triple its manufacturing capacity by moving kitchen to Elba

Louis Buono, left, owner of the McDonald's franchise in Le Roy, is remodeling his store and in the new design there won't be room for the historical photographs he had on display before.

Most of the photos are going to the Le Roy Historial Society, but one, of Le Roy police officers with a patrol car and motorcycles, has been donated to Le Roy PD for display inside the station in the Village Hall. Accepting the donation is Officer Greg Kellogg.

Artist Christopher McGee was at GO ART! on Thursday evening for the opening of his show, "The Rhythms of Nature."

Born in Jamestown, the Clarence-based artist said this is the first time he's had a show for this series of paintings.

He began the series in 2008 while observing landscapes while on road trips throughout Western New York. 

He said, "My experience playing drums in experimental and improvisational noise bands helped me to visually express some of the more mercurial, unpredictable elements in the universe: earthquakes, meteor showers, supernovas, and black holes."

The show runs through Dec. 8.

GO ART! has two other shows on display as well:

• The Batavia Photography Club has photos on display by members through Dec. 8.
• The Traveling Ghost by Ryan Gustman is on display until Nov. 3. Gustman was diagnosed with high-functioning autism spectrum disorder and ADHD early in his life. He specializes in photographing abandoned buildings.

Batavia Players hosts its annual fundraising concert at 7:30 tonight at Harvester 56 Theater.

The cast perfoms a variety of show tunes in their production of "Stories, Songs & Just a Touch of Sin."

Tickets are $20 at the door.

Photos submitted by Pat Burk.

Kaylee Dehlinger (Center) with Jocelyn Coburn and Kathryn Fitzpatrick singing "It Won't Be Long" from "Across The Universe."

Jacqueline Morrison, Tiffany Keicher, Kristin Gelia, and Alix Young singing "I'm A Woman" from "Smokey Joe's Cafe."

Alexander put on another impressive offensive performance Friday night to advance in the Class D sectional playoffs with a 25-12 win over Red Jacket.

Chris McClinic was back after suffering a leg injury two games ago and gained 81 yards on 12 carries. He scored one TD. Ty Woods scored a TD on three carries for 35 yards. He also have five receptions for 62 yards and a TD. QB Dylan Busch was 10-16 passing for 117 yards and TD with one interception. Hayden Walton also scored a touchdown.

On defense, Jake Jasen had 18 tackles, a sack, and a fumble recovery. Walton had 10 tackles. Terrez Smith had four tackles and an interception.

"I give a lot of credit to the Red Jacket staff and players for putting together a very good game plan and going out and executing it," said Alexander Coach Tim Sawyer. "They are very big and tough up front and they chewed up the clock at times in this game.

"We were pushed tonight. I'm proud that my kids and staff didn't blink. We stayed within our own game plan and won the game by 2 scores. But for an 8 seed to come out and fight like that, I give them a lot of credit."

Photos by Steve Ognibene.

Press release:

Pro-Trump Reform Party candidate Larry Piegza states that he is gaining a larger and larger portion of the pro-Trump voters.

"Our methodology for tracking this is simple," Piegza said, "we did a phone survey of every single Republican, Conservative and Independent that voted in a mid-term election. They explained that I am pro-Trump, pro-Second Amendment and pro-life. We then asked the voter if they would consider voting for me, the third-party candidate over Chris Collins. 

"The results were staggering. Of the people expecting to vote for a Republican this year, 73 percent stated that they would prefer to vote for me. This was validated by a follow-up poll that I showed to Howard Owens at The Batavian.

Mathematician Richard Ford reviewed the statistics and said, “The size of this sample is large enough to make the survey is significant, and close to the sentiments of the entire population from which the sample was taken. It indicates that when a Conservative voter learns that they have an acceptable alternative to Collins, the majority of them will choose the alternative."

While the 73 percent is not consistent with outside polling, the timing of published polls show that Piegza's popularity is definitely growing.  Many forecasters didn't list Piegza's vote total in August due to the fact that it wasn't statistically significant.

FiveThirtyEight.com had Piegza's numbers between 2-3 percent in September. In October, the McMurray campaign notes that 6 percent of the voters indicate they plan to vote for Piegza.

“You’ve got to consider that McMurray’s polling data might have been conducted earlier, they might be polling non-voters’ sentiment, and they obviously included the Democrats in the data,” Ford said. “Taking all of these factors into account, McMurray’s data validates the fact that pro-Trump voters are leaving Collins when they learn of Piegza.”

Another difference in predicted votes can be attributed to the fact that national websites include factors like campaign staff and available funds to inform their calculations.

"But this race is like no other," Ford said, "Collins wasn’t running six weeks ago. Piegza now has five times the available funds ($230,000) he did in his June filing. If Piegza and McMurray debate without Collins, Collins could easily find that he's the third-place candidate."

Whatever the actual polling results show, Piegza likes his chances.

"The people who are voting for me are never going to vote for Collins because many of them believe he will be serving jail time," Piegza said. "I already have enough support to cause Chris Collins to lose.

"Each day more and more people are thanking me that they can cast an ethical vote. Few people in the district want a Democrat to win, so if Chris Collins actually cared for our district, he should be telling people to vote for me.”

The family of Abigail Hernandez, the special-needs former East Rochester High School student accused of making a terroristic threat and now being held at the Buffalo Federal Detention Facility in Batavia, will have to wait at least two more weeks before learning whether she will be deported.

After more than three hours of motions by attorneys and testimony by Hernandez and her stepfather yesterday, the case was not completed, and Immigration Judge Steve Connelly had other items on his calendar for the afternoon, so he scheduled closing arguments for 9 a.m., Nov. 2.

Hernandez was arrested and charged last year after creating a fake Facebook account, under the name Martin Doll, and then posting a threat to shoot fellow students at East Rochester with a shotgun.

She was brought here illegally at age 3

The 21-year-old who was brought into the country without documentation when she was 3 years old was originally charged with a felony count of making a terroristic threat. She reached a plea deal in the case and her family hoped a guilty plea to a misdemeanor charge of filing a false report would save her from deportation but ICE officers were in court the day she entered her guilty plea and took her into custody with the intent to deport her.

Dressed in the blue uniform of the detention facility that designates her as a low-level offender, Hernandez, or Abi as her family calls her, told Connelly she didn't need a Spanish language interpreter to understand the proceedings. She did struggle at times to comprehend what she heard or the questions asked but not because of any language barrier. Her stepfather testified later in the morning the doctors had told the family she had the cognitive ability of an 8-year-old.

Immigration attorney Hannah Vickner Hough has filed a petition for asylum in the United States, according to her statements in court yesterday, based on her client's intellectual disability. Hough contends that Hernandez has no family in Mexico who can properly care for her, that she has no knowledge of life in Mexico, that Mexico has inadequate community-based services to see to her needs, and that Hernandez would be victimized in Mexico.

Her stepfather, Flores Moya, testified  -- in testimony often interrupted by sobbing -- that he feared Mexican gang members would turn his daughter into a prostitute or kill her if she returned to Mexico.

U.S. attorney argues asylum application should be dismissed

The government's attorney, who refused to give his name to reporters, tried to argue that the asylum application should be dismissed outright because Hernandez was time-barred from filing for asylum and that her arrest was for a serious crime.

Connelly ruled against the motion because there is no time limit on an asylum application in a case involving potential torture, and while the government can make the case that the underlying events of her guilty plea involved a serious allegation, she only admitted to a misdemeanor charge.

The hearing opened with Connelly asking Hernandez if she understood the difference between the truth and a lie. Hernandez sat silent for a long time and then said she didn't understand the question. He tried to rephrase it, and Hernandez said she didn't understand. Then he held up a pad of yellow sticky notes and said asked if she knew her colors. She did she said, and she said, "that's yellow."  

He asked her, "If I told you it was red would I be telling the truth or lying."

"Lying," she said.

Hernandez answered questions from her attorney with Connelly jumping in with questions of his own on occasion. She said she knew her grandmother brought her from Mexico to New York City when she was 3 or 4 but she didn't know how she got there.

Her family moved to Rochester when she was 7.

Both her mother and her father -- actually, stepfather -- were in the country legally and she said she had seen her mother's green card.

She didn't know if anybody had filed a petition for her to be in the country legally prior to her DACA application. She was accepted into the DACA program but her status was revoked once removal proceedings commenced.

Her grandmother returned to Mexico and lives there now, but Hernandez saw her grandmother in November 2017 in Rochester (Moya would later testify that her grandmother visited the United States on a 25-day visa in November and December of 2017).

She said she couldn't live with her grandmother because her grandmother, at 85, can't take care of her, that she can barely take care of herself. She said she doesn't know where her grandmother lives or where her aunt and uncle live in Mexico.

When asked what kind of help she might need if she lived in Mexico, she said she didn't know.

Her abilities are very limited

She has never learned to drive and has never had a bank account.

Hough asked her if she knew how to prepare meals herself. She said her mother tried to teach her to make pancakes.

Connelly asked if she knew how to make pancakes. Hernandez said she did not know how to make pancakes. Connelly asked her if she knew how to make anything. She said she did not.

"Do you know how to make eggs?"

"Yes," Hernandez said.

"What kind of eggs do you know how to make?"

Hernandez, who wore her long dark hair, with blonde streaks, in braids, tried hiding her face.

"Don't be shy," Connelly said.

"Mexican eggs."

"How do you make Mexican eggs?"

After a long silence, Hernandez said, "I don't know."

Hernandez sometimes babysits her 3-year-old sister and knows not to let her climb on the table because she might fall and hurt herself.

She's had volunteer jobs in the cafeteria at school and a local hospital washing dishes and taking out the trash but has never earned a paycheck.

After her arrest she was prescribed medicine to help her cope with her anxiety because otherwise, she throws up when she is with her attorney or in front of a judge.

The government attorney asked Hernandez several questions during cross-examination about her interaction with Rochester PD, which led to her arrest. Connelly allowed the line of questioning because the government is trying to establish that while Hernandez was convicted of only a misdemeanor, her actual crime was serious.

Though convicted on misdemeanor, crime was serious

He asked if Hernandez created a fake account by herself using the name "Martin Doll." She said she did. She didn't know why she picked that name. She also has a Facebook account under her own name. She testified she knows how to make and accept friend requests, make posts, and send messages.

She couldn't remember being asked certain questions or didn't remember certain answers in her interview with police, which related to possible statements about half the kids in school being mean to her, that she said she understood why the Parkland, Fla., shooter did what he did, and that she wanted to hurt one particular person at school.

She didn't remember telling police she wanted to cause fear among her fellow students at East Rochester.

She said she doesn't know why she wrote, "I'm coming tomorrow. I'm going to shoot all of you bitches."

She was accused of posting that comment on the Martin Doll account under a picture of East Rochester students.

When the attorney switched to questions about Hernandez obtaining her DACA status, Connelly jumped in with his own questions.

He wanted to know if she thought DACA was a good thing for her. She said it was. He asked why? She said, "so I can have a job and go to school or college." He asked if there was any other reason it was good. She said, "I don't know."

Moya, 55, then took the stand. He spoke in Spanish. The court provided an interpreter.

He said he was a legal resident of the United States for 30 years and came from the Dominican Republic. He met his wife, Abigail's mother, while working as a taxi cab driver in New York City. They lived in the Bronx and were only married eight years ago.

He is close to obtaining citizenship, he said.

Abi needs a lot of help, family fears criminals in Mexico

When he was first with his wife, he learned of Abigail's situation, both her cognitive disability and a problem with an eye that wouldn't open properly. He had seen pictures of her before he ever met her.

To help his wife, he said he paid for a "coyote" (an immigrant smuggler) to help Abigail and her grandmother cross the border illegally when Abigail was 3 years old.

He said his wife's mother, besides being elderly, has diabetes. He's not really sure how she is managing to care for herself. Her house, he said, is dilapidated and he's been sending her money to repair it. He said Abigail's uncle is an alcoholic living in Mexico City and her aunt is a single mother with four small children. He said neither could adequately care for Abigail.

He said besides school and school activities, Abigail rarely leaves the house. She likes to play video games and watch wrestling on TV.  She has friends but never socializes with them. She's afraid to leave the house on her own, even to walk to the store and get her father a soda. 

He would like her to learn to do even these little things "so she can be a normal person," he said, but that he also fears she wouldn't fair well on her own outside the house.

"She will probably never be out alone because she's not like the other girls," Moya said. "She doesn't know what the other girls know or about life on the streets like the other girls."

In Mexico, he said, things are even much worse.

"A lot of criminals turn women into prostitutes," he said. "She would allow it because she doesn't know about these things and many, many, many women are killed daily. She would not really live long in Mexico especially with the problems she has."

Hough asked Moya if he had thought of moving to Mexico if his daughter was deported. This was one of the points where he started to cry. He said he had.

It would be a difficult decision, he said.

"I have a good job with the transportation authority," he said. "I have benefits, a retirement. I own a home."

The government attorney pressed Moya on his own recent arrest. He wanted Moya to admit to an arrest for petit larceny. Moya was more interested in defending his actions.

He said he wasn't arrested but just given an appearance ticket. He said he had been in a store and took the price tag off of one doll and put it on another, not knowing there was a $1 price difference between the dolls.

"I make $500 a week," he said, "why would I steal one dollar?"

He said he did own a shotgun but that Abigail didn't have access to it. It was locked in the basement of another resident and he didn't have shotgun shells for it. He said he bought so his wife could protect herself merely by brandishing it if any bad people came to her door.

Both attorneys expect to make closing arguments Nov. 2 but Connelly left the record open in case either attorney decides in the interim to present other exhibits or call additional witnesses.

People are lining up to buy a bit of Pontillo's history -- the custom-made, red, white and green booth seats that were first installed in the restaurant 30 years ago.

Batavia's Original owner Kathy Ferrara announced her plans to sell the booth seats and she immediately received several requests from would-be purchasers. She hasn't made any commitments yet. She's waiting for the replacement booths, which will be all black, to come in next week.

"I didn’t realize it would be such a big deal to people," Ferrara said.

A number of people expressed concern that she was selling Sam and Betty's booth, the one they always sat in, but it's not for sale and will stay in the restaurant, she said.

She's only selling the ones in the larger dining room. She said she remembers when that dining room opened. She had just started working as a server for Pontillo's and the new booths were installed before even the rest of the trim of the room was completed.

The Genesee Community College Forum Players present "Bakkhai" in performances tonight and Sunday at the Stuart Steiner Theatre on the GCC Batavia campus.

The play is an adaptation by Anne Carson of “The Bacchae” by the Greek philosopher Euripedes, written more than 2,400 years ago. It's a story of based on the Greek myth of King Pentheus of Thebes and his mother, Agave, who are punished by Dionysus, the god of wine, madness, fertility, and religious ecstasy.

The play contains adult subject matter.

Tonight's performance is at 7:30 and Sunday's show is at 2 p.m.

Asbury Road between Harris Road in Le Roy and Black Street Road in Pavilion is closed for an unknown law enforcement incident. 

We have not been able to contact a member of local law enforcement who is authorized to discuss the situation. 

This portion of Asbury is closed to all traffic, including local traffic. 

Witnesses say multiple patrol vehicles in emergency mode responded to the incident.

UPDATE (By Billie) 5:34 p.m.: This was a law enforcement situation that was resolved without incident. There were no injuries and no arrests. There's no threat to public safety.

Students and staff at Batavia High School are hosting a ceremony honoring Genesee County's veterans at 10 a.m. Friday Nov. 9 at the school.

The ceremony will be held in the auditorium. There will be performances from the high school band and chorus, a student representative speaker, and a keynote speaker, and a reception after the ceremony in the school's library.

The ceremony is open to all local veterans and their families. Veterans who plan to attend should email Jane Haggett, JHaggett@bataviacsd.org. Veterans are invited to include a picture with their response.

Photo: Students Cooper Mattice, Ryan Weaver, Elle Fulton, and Lyndsay Debo. Not pictured, Gyna Gibson, whom Haggett said was the real driving force behind organizing this year's event at the school.

Press release:

Batavia’s Original Pizzeria and the Kiwanis Club of Batavia are thrilled to announce they have partnered together to bring back the Kids' Halloween Parade.

The parade is going to be held on Sunday, Oct. 28^th, starting at 1 p.m. The lineup will begin in front of Dan’s Tire & Auto at City Centre Mall. Kids should arrive a little early to get their place in line.

The parade route will end at Batavia’s Original parking lot where there will be a variety of games and snacks for kids, live music, and prizes given for the best costumes.

The Kiwanis Club and Batavia’s Original are excited to bring back this free family friendly event to the community!  The event is going to take place rain or shine so please dress appropriately.

Call 343-3303 for additional details or questions.

Kids' Halloween Parade Route:

Starting in front of Dan’s Tire & Auto (on the backside of City Centre Mall) the kids will go straight until they reach Washington Avenue, where they will take a right. The parade route will follow along Washington Avenue and then take a left onto Ross Street and a quick right onto East Avenue.  From East Avenue the kids will take a right onto Vine Street, then a left onto Chase Park, followed by a right onto Elm Street.  The route crosses Main Street and takes a left into the Batavia’s Original pizzeria parking lot.

Photo provided by WBTA.

Vic Marchese, owner of Main St. Pizza Company donated $4,000 this morning to the Sheriff's Office to be used toward the purchase and training of a new K-9.

The department's K-9 "Destro" died unexpectedly two weeks ago and the Sheriff's Office is just beginning a fund-raising campaign for a new dog.

Photo submitted by the Sheriff's Office: From left, Deputy Chris Erion -- Destro's partner, Vic Marchese, Sheriff Bill Sheron, and Undersheriff Greg Walker.

The Sheriff's Office is also planning a tribue to Destro on Wednesday. Press release below:

A tribute to honor Genesee County Sheriff’s Office K-9 “Destro,” who passed away last week after a very short battle with cancer, will be held next Wednesday, Oct. 24, 3 -7 p.m. at the Genesee County Sheriff’s Office, 165 Park Road, Batavia.  The public is welcome to stop by and enjoy refreshments while viewing a slideshow of Destro’s accomplishments. His handler, Deputy Erion, will also be in attendance.

The K-9 program is a valuable asset to the Sheriff’s Office and surrounding law enforcement agencies. The K-9 team is used for search and suspect apprehension, locating missing persons including missing children and Alzheimer's patients, contraband and drug searches, tactical tracking, evidence recovery, building searches, patrol, and public presentations.

The Genesee County Sheriff’s Office has been able to maintain a K-9 team for the past 16 years with support and donations from the public along with county funding. Public support and donations are vital to the continuation of this worthwhile program and are used to help offset the cost of food, veterinary services, training, equipment, and other K-9-related expenses.

Deputy Erion will continue to be the K-9 officer and has begun the search for a new K-9. The cost for a police dog ranges between $7,500 - $10,000 and a 15-week K-9 training course costs approximately $5,000.

The Genesee County Sheriff’s Office is respectfully requesting your help to raise funds to continue this program, a critical service to the community. Donations can be made payable to and mailed directly to Genesee County Sheriff’s Office K-9 Fund; 165 Park Road, Batavia, New York 14020. A GoFundMe page has also been created, and the link is available from the Genesee County Sheriff’s Office Facebook page.

Please consider making a donation to the K-9 Fund; your support is greatly appreciated.

On Tueday, seventh-graders at Byron-Bergen Junior/Senior High School joined in with the Village of Bergen for Community Action Day, going to Hickory Park, Zuber Park, and the Community Gardens to rake, weed, pick up sticks, and plant flowers.

This is the third year students have particpated in the event. The class will return to the parks in the spring to plant flowers and spread mulch as well as do any cleanup that is needed.

Photos and info submitted by Principal Patrick McGee.

Rep. Chris Collins says he will clear his good name when his insider trading case goes to trial in February 2020.

But to do that he may need to convince a jury that he didn't tell his son about a failed medical trial for a new drug developed by Innate Immunotherapeutics when Collins called him from the White House lawn June 22, according to an attorney who specializes in insider trading law.

Robert Heim is a former Securities Exchange Commission attorney who now works as a private defense attorney for those accused of violating securities laws.

"Perhaps Mr. Collins might argue that somehow the information was either public or had been leaked out, but on its face, it seems like a very difficult case for him to beat right now," Heim said.

Neither Collins nor his attorneys have shared what his defense might be, but as Heim acknowledged, prosecutors have a lot of evidence related to the number and timing of phone calls, text messages, and trades, which is why Collins will need to offer a convincing explanation for the June 22 phone call.

On June 22, at 6:55 p.m, Collins received an email from Innate's CEO, Simon Wilkinson, informing Collins, who was among the company's largest shareholders and a member of Innate's board of directors, that a critical trial for a new multiple sclerosis drug had failed.

"I have bad news to report," Wilkinson wrote, according to government documents. "The top line analysis of the 'intent to treat' patient population (i.e., every subject who was successfully enrolled in the study) would pretty clearly indicate 'clinical failure.' "

Innate was a single-product company and the trial's failure meant it would not bring that drug to market.

Collins responded at 7:10 p.m., according to prosecutors, "Wow. Makes no sense. How are these results even possible???"

According to prosecutors, Collins immediately attempted to contact his son, Cameron Collins. He called Cameron twice. Cameron called back three times. Chris Collins called him back. On their seventh attempt to connect, at 7:16 p.m., father and son finally spoke with each other.

Chris and Cameron spoke for six minutes and eight seconds.

There was no wiretap on the phone call, and prosecutors have not indicated that they have any direct knowledge of what Collins told his son.

Prosecutors will attempt to prove Collins told Cameron of the failed MIS416 trial, disclosing nonpublic information, knowing it was a breach of his duties and anticipating his son would trade on the information and tip others.

Heim said Collins will need to convince a jury that he discussed with Cameron something other than the MIS416 trial, be it the weather, or "wow, I'm at the White House," wedding plans, or some other topic that seemed urgent at the time.

"I've worked on insider trading cases like this for about 20 years now and almost always these are circumstantial cases," Heim said. "People rarely come in and admit to committing insider trading, so a jury is going to really have to look at the various facts in terms of timing the phone calls, the timing of trades, and people's explanations to really come up with a decision as to what's more likely: Was this inside information discussed? Or were they talking about other things and this just happens to be very poor coincidental timing?"

If the failed drug trial was a topic of the June 22 phone call, Heim indicated Collins is going to have a hard time proving his innocence, especially in a Second Circuit court. The Second Circuit, he said, has a "loose standard" on what constitute's "tipper liability."

"If you're passing on information, the inside information, to a family member that satisfies what's called the 'personal benefit test' that is required to be proven for the government to win an insider trading case," Heim said.

Chris and Cameron Collins, along with 66-year-old Stephen Zarsky, father of Cameron's girlfriend, Lauren, are charged with in Federal Court with conspiracy, securities fraud, wire fraud, and making false statements to FBI agents.

Lauren and her mother, Dorothy have already settled with the SEC.

The morning after receiving his father's call, according to the SEC complaint, Cameron started to act on the allegedly non-public information, including selling stock and tipping the Zarsky family.

If Chris Collins can successfully argue that he didn't tell his son about the non-public information, then Cameron may need to prove he obtained it from another source.

It's not illegal to buy or sell stocks on "insider information" if it was legally obtained. For example, if Cameron overheard his father or somebody else talking about the failed trial with a person who was authorized to share the information, he can do as he pleases with the information.

Barry Switzer, former University of Oklahoma football coach, was at a track meet in 1981 when he overheard a company CEO discussing his firm's plans. The next day, Switzer and his friends acted on the non-public information and eventually made $600,000 on the trade. Switzer was charged with insider trading, but a court ruled in Switzer's favor.

"The court said that that's not illegal as long as you're not breaching some sort of duty or someone's not telling you the information in violation of a confidentiality agreement," Heim said. "That a legitimate defense."

Cameron's case hinges entirely, it seems, on how he knew to dump his 1.4 million shares of Innate stock just before news of the failed trial went public.

"In order for that chain to be legally actionable it has to have as the source a breach of a fiduciary duty or some other duty that's owed to the company and its shareholders," Heim said. "And that Cameron received that information separately, not from his father but by perhaps overhearing a conversation. Then if he's successful in that argument then, yes, he's free to tell other people about that information and essentially tip them because he did not breach his duty in the first instance by acquiring that information."

Besides the record of phone calls, texts, and trades, the prosecution may have other evidence that  is not yet publicly disclosed, Heim said. We also don't know how Lauren and Dorothy Zarsky, or others, might cooperate with the prosecution. There could have admissible information that supports the prosecution's theory that Chris Collins tipped Cameron Collins.

Witness testimony gets complicated, Heim said, because of trial rules involving hearsay and spousal privilege but there could be supporting witness testimony that is used at trial.

Without wiretaps, Heim said, "this could come down to a he-said-she-said type of scenario."

Based on the evidence made public so far, Heim said it seems like the government has a pretty solid case.

"It looks like there was a very thorough investigation, Heim said. "They put together the best evidence they could into a circumstantial case. Now I think really falls on Mr. Collins to come forward with some explanation or evidence as to what other topics were discussed in the calls and why they were being made at that particular time."

Photo: File photo.

NOTE: The Batavian has requested multiple of times an interview with Rep. Chris Collins. He has not agreed to an interview so we have been unable to ask him questions related to his insider trading case or even questions relevant to his bid for reelection.

Dispatchers are receiving multiple reports of power outages in the City. 

National Grid has not yet reported the extent of the power outage. 

There’s a report of a transformer explosion and fire by Dan’s Tire at City Centre. 

There is also a power line down at Watson and Evans. 

City Fire’s second platoon requested to the station. 

UPDATE 1:06 p.m.: National Grid is reporting at least 13 power outages in the City effecting more than 2,000 customers. The largest area is along Route 5 to the east out past East Pembroke and along Route 98 to the south. ETA for restoration is 3 p.m.

UPDATE (By Billie) 1:25 p.m.: The fourth platoon is called to city fire headquarters. National Grid is on scene at City Centre to repair the transformer.

UPDATE (By Howard) 1:49 p.m.: City PD would like to remind everybody that intersections where signal lights are out should be treated like a four-way stop. The Richmond Memorial Library is closed because of the power outage. It will reopen at 5 p.m. if power is restored.

UPDATE (By Billie) 3:08: Currently no power outages are reported in the city, according to National Grid. There are still two small outages in Alexander, and one in Pavilion.

UPDATE from National Grid 3:16 p.m.:

National Grid spokesman David Bertola replied to The Batavian's email asking what cause the outage: "At around 1:50 p.m. today, an animal came into contact with a feeder line at one of our stations, which caused around 5,000 customers to be without power. Once the site was cleared and repairs made, customers’ power was restored in stages. I was told that everyone’s power (in the city) was restored at around 2:35 p.m."

Press release:

The Elba Central School District’s Board of Education has selected Ned Dale as the district’s next Superintendent with a starting date of Nov. 26.

“It is truly an honor to be selected as the next Superintendent of the Elba Central School District, Dale said. "I look forward to working with the students, community and staff to ensure that we are providing the best opportunities possible.

"Collaboration and communication will be my primary goals as I learn more about this incredible community. I am grateful to the leadership and commitment that Mr. Keith Palmer has provided the district during his tenure and I hope to continue the progress that the district has made to date.”

Michael Augello, Elba Central School District’s Board president, said: “The Board of Education would like to thank the two other finalists for their interest shown in this position. This was an extremely difficult decision as all three are highly qualified individuals.

"We truly value the input received from the various stakeholder groups, including faculty, staff, and community members who met with the candidates to help us make a final decision. The board is confident that Mr. Dale will lead our district through the issues we face in our region. With his leadership, we will work together to deliver the best education possible for our students.”

Dale currently serves as the Principal of Cosgrove Middle School, Spencerport Central Schools, a position he has held since 2007. Dale began his career in education in 2000 as a school counselor/teacher leader at Spencerport High School. He continued his career at Spencerport Central Schools serving as the Assistant Principal of Cosgrove Middle School.

 During his career at Spencerport Central Schools, Dale has supported the development of a rich curriculum and aligned assessments, and also developed three tiers of Response to Intervention in English Language Arts and Math in collaboration with other administrators and stakeholders.

Through his leadership, Cosgrove Middle School was designated as a School to Watch based upon the collaboration of the New York State Education Department, New York State Middle School Association and National Forum to Accelerate Middle Level Reform.

As President of the Spencerport Administrators and Supervisors Association, Dale has successfully negotiated three 3-year contracts for the entire association.

He also established an approved APPR plan for principals that was accepted by the New York State Education Department.

Dale earned a Bachelor of Arts in Sociology from St. John Fisher College, and a Master of Science in Counseling and Human Development from the Warner School of Education at the University of Rochester.

He completed the New York State Superintendent Development Program at SUNY Oswego and holds permanent certifications in School Counseling, and as a School District Administrator.

Dale replaces Keith Palmer who recently announced his plans to retire.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as the search consultant and noted that the search process was a true collaboration between the Board of Education, district staff and the community.

Press release:

Nate McMurray, Democrat and Working Families Party Congressional candidate in NY-27, today announced that he has been added to the Democratic Congressional Campaign Committee’s Red to Blue program, which recognizes top-tier candidates who are running strong campaigns.

McMurray’s addition to the DCCC Red to Blue program is further proof of his momentum following a week of impressive fund-raising figures; polls showing the race is a dead heat; and news that his opponent, Chris Collins, who was indicted on charges of insider trading and lying to the FBI, will not even stand trial until 2020, more than a year into the next congressional term.

“It’s gratifying to have earned this support of the DCCC," McMurray said. "It’s clear that they see what we see: our grassroots support is real and that we’re building momentum by talking to neighbors, getting small dollar donations, and standing up for what’s right.

"We’re sticking to our values of economic fairness and integrity, and voters are putting country before party because nobody wants a Congressman out on bail. People are tired of a system that’s rigged against them and know that we need real change to make it happen.”

“As Town Supervisor of Grand Island, Nate is a proven leader who has a record of working for Western New York. Nate’s emphasis on putting people first has helped him build a strong grassroots campaign that is highly competitive and prepared to bring ethical representation to New York’s 27th Congressional District,” said Democratic Congressional Campaign Committee Chairman Ben Ray Lujan. 

Already, McMurray has welcomed the support of Democratic National Committee Chairman and Buffalo-native Tom Perez as well as New York Lieutenant Governor Kathy Hochul, Congressman Brian Higgins, Congressman Paul Tonko and the endorsement of almost every major local and national union.

Surging support for McMurray comes as national Republicans are running away from Chris Collins. Last month, National Republican Congressional Committee Chairman Steve Stivers told reporters, “I don’t plan to spend a penny in that race."

Red to Blue is a highly competitive and battle-tested DCCC program that arms top-tier candidates with organizational and fundraising support to help them continue to run strong campaigns. Additionally, the DCCC provides strategic guidance, staff resources, candidate trainings, and more.