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A police officer did not violate the rights of a sex offender when he sent a text message to the suspect's mobile phone upon his arrest to confirm the defendant had used the phone to exchange messages with his victim, and unknowingly, with police, an NYS appeals court has ruled.

Patrick M. Hackett, 44 at the time of his arrest, was accused in May 2013 of having sexual intercourse with a teenage girl in Batavia. He was later indicted on a single count of rape, 3rd, for being more than 21 years old and having sexual intercourse with a partner who was less than 17 years of age.

Hacket was convicted by a jury Nov. 13, 2014, and later appealed the use of his text messages as evidence against him, which was instrumental in his conviction.

"Although there is a lack of medical, scientific, or other physical evidence of the crime, the jury saw incriminating text messages from (the) defendant to the victim in which he admitted that he engaged in sexual intercourse with her and professed his love to her," the justices of the Appellate Division, Fourth Judicial Department, wrote in their decision. "In addition, (the) defendant’s trial testimony in which he denied having sexual intercourse with the victim was not credible inasmuch as he provided the jury with improbable explanations for the incriminating text messages."

The charge against Hackett arose after his victim reported the sexual intercourse to police. She cooperated in the investigation and agreed to send Hackett a text message. Once he responded, a police officer used her phone to exchange a series of text messages with Hacket.

When the officer arrested Hackett, the officer used his mobile phone to send a text message to Hackett's phone. Hackett's phone either vibrated or made a noise and the officer could observe that his text message had arrived at the phone. At that time, the officer did not open the phone and view the text messages. A search warrant was later obtained.

In his appeal, Hackett said the text messages should not have been admissible at trial because the officer's actions at the time of arrest, he said, constituted an illegal search and seizure.

Hackett's appeal relied on a 2014 case, Riley v. California. Riley, a Supreme Court ruling, determined that a search warrant, based on probable cause, is required for police to search a suspect's mobile phone.

The appeals court ruled that the Riley case does not prohibit officers from sending text messages to the defendant and making observations of the defendant's phone and that the court in Riley found that officers can observe physical aspects of the phone.

Further, the text message sent by the officer was not part of the police officer's application later for a warrant to search the phone and there was sufficient probable cause to obtain the warrant.

The court also ruled that Hackett received competent representation from his defense attorney at trial, who was successful in suppressing some evidence the prosecution tried to enter into the record.

It also did not violate Hackett's right to a fair trial by allowing testimony about Hackett providing his victim with alcohol prior to their sexual contact, even though he was not indicted on that "bad act." The court ruled the incident helped complete the narrative of events leading up to the crime on the night in question. The court ruled the exclusion of this information would not have changed the outcome of the trial given the overwhelming evidence of Hackett's guilt. Testimony about the drinking, the court ruled, was "harmless."

At the time of his arrest, Hackett was already a registered sex offender. He was convicted in 1993 in Cattaraugus County of kidnapping and rape in the first degree.

On his local conviction, he was sentenced to three and a half year to four years in prison. He is scheduled to be released in November.

Press release:

U.S. Senate Minority Leader Charles E. Schumer and U.S. Senator Kirsten Gillibrand today announced $4,639,000 in federal funding for six water infrastructure improvement projects across the Rochester-Finger Lakes Region. The funding was provided by the U.S. Department of Agriculture’s (USDA) Rural Development’s Water and Waste Disposal Loans and Grants Program.

Specifically, Schumer and Gillibrand explained, the Town of Alabama in Genesee County will receive: $1,653,000 to create Water District #2 and the Town of Bethany in Genesee County will receive $722,000 to create Water District #4.

The Town of Clarendon in Orleans County will receive $790,000 to create Water District #13 and an additional $790,000 to improve the water improvement benefit area #12, and the Town of Torrey in Yates County will receive $684,000 to create Water District 1, the first municipal water system to serve this area.

“These federal investments in job-creating and economy-boosting water infrastructure projects are great news for the Rochester-Finger Lakes region,” Schumer said. “This federal funding will allow five towns across the region to construct and make critical improvements to municipal water systems needed to provide clean, safe drinking water to their communities.

"I am proud to announce these federal investments and will continue fighting to ensure rural communities across Upstate New York have the resources they need to build, protect and maintain their water infrastructure.”

“All New Yorkers should have access to a reliable source of clean water, and with these grants, communities throughout the Rochester-Finger Lakes region will be able to expand and improve their water systems,” Gillibrand said.

“These investments will help provide safe and clean water for residents in the towns of Alabama, Bethany, Clarendon and Torrey, and I will always fight in the Senate for the resources to protect the health and quality of life for residents.”

Press release:

Le Roy Police Department’s first "Stuff the Cruiser" event this past weekend was a huge success.

On Dec. 16th, Le Roy police along with volunteers from Le Roy Rotary Early Act were stationed outside of Tops Market in Le Roy for the event.

Community members and local business owners donated enough food to fill five police cruisers, totaling almost 3,000 nonperishable food items. In addition to food, gifts cards and cash donations were also received.

All donated items will be distributed to local families in need this holiday season.

Le Roy police would like to thank Tops Market, Le Roy Rotary, Le Roy schools and all of the community and business owners who provided generous donations!

Le Roy police also partnered with Le Roy schools and Dunkin’ Donuts on Saturday, Dec. 15th, where 60 toys were donated, which will be distributed within the community by Le Roy schools. 

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.37, down 5 cents from last week. One year ago, the price was $2.43. The New York State average is $2.70 – down 4 cents from last week. A year ago, the NYS average was $2.63. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.74 (down 7 cents since last week)
• Buffalo -- $2.77 (down 6 cents since last week)
• Ithaca -- $2.55 (down 6 cents since last week)
• Rochester -- $2.67 (down 5 cents since last week)
• Rome -- $2.69 (down 5 cents since last week)
• Syracuse -- $2.58 (down 4 cents since last week)
• Watertown -- $2.84 (down 3 cents since last week)

Press release:

With the holiday season fast approaching the Batavia Police Department would like to take a moment to remind our City's residents to lock their car doors, along with the doors and windows of their residence.

If someone should come to your residence requesting to enter to check your utilities, or to "take a moment of your time" ask to see credentials or identification. Do not let them in your house. If they appear to be overly aggressive, please contact the Batavia Police Department and we will gladly respond.

A motor-vehicle accident is reported in the area of 8144 Slusser Road, Pembroke.

Unknown injuries but the caller reports hearing somebody yelling for help.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 7:02 p.m.: A deputy on scene hasn't found anything. The caller reported hearing two loud bangs and hearing somebody yelling for help and seeing a car. A chief on scene suggests the vehicle left. Now there's a suggestion to check the creek.

UPDATE 7:07 p.m.: The car is completely submerged under water. The driver is out and soaked. A chief asks for the ETA of the ambulance and says he'll need wetsuits. 

UPDATE 7:17 p.m: The patient is being transported to UMMC for evaluation. He was in the water for about two minutes. No injuries. Vitals within normal limits.

CLARIFICATION: It was the deputy on scene who suggested the car had left the scene after initially not being able to find it.

UPDATE 10:07 p.m.: Submitted photos added.

A hunter is lost in the woods in an area north of Roberts Road and west of Sour Spring Road, Alabama.

The hunter is not injured. He can walk on his own. 

Alabama fire dispatched. East Pembroke fire requested to respond with its ATV.

Mercy EMS dispatched.

UPDATE 1:26 p.m.: The hunter has been located and will be assisted in walking out.

Cal-Mum's Kyle Wade found his way to the basket as time expired and flipped a layup through the hoop to tie Friday's Oatkan Knights vs. Red Raiders boy's basketball game and send the game to overtime.

In overtime, Le Roy lost 59-54, even though Reece Tresco had a big night, scoring 25 points, including hitting three three-point shots in the fourth quarter and overtime.

Eric Wilson scored 11 points for Cal-Mum.

The boys game was the second half of a doubleheader that included a girls game against Cal-Mum. Click here for coverage.

In other boys basketball on Friday, Prattsburgh beat Notre Dame, 84-74.

To purchase prints (including pictures from the girls game) click here.

The Lady Knights fell to the Cal-Mum Red Raiders in the first game of a rivalry doubleheader in Le Roy on Friday night, 48-42.

The game was tied going into the final minute but Cal-Mum was able to pull ahead to secure the win.

For Cal-Mum, both Elyse Van Auken and Brianna Raniewicz scored 15 points. Baylee Miller scored 10.

For Le Roy, Jillian Curtis scored 12 points and Kiaya Condidorio scored eight.

In other girls basketball games Friday:

• Pembroke beat Byron-Bergen, 45-40;
• Pavilion beat Perry, 45-38. For Pavilion, Lindsay Lowe scored 13 points, Lauren Kingsley, 9, and Aprile Beehler, 8. For Perry, Chelsea Pascoe scored 20 points and had 10 rebounds;
• Elba beat Kendall, 69-22;
• Notre Dame beat Wheatland, 45-30.

There's no report available for Batavia's game.

Le Roy lost the boys' game nightcap. Click here for coverage.

Joe Head performed at the Holland Land Office Museum on Friday night, playing a selection of traditional and contemporary Christmas songs.

Dr. Tom Mazurkiewicz, a chiropractor with an office at 184 Washington Ave., Batavia, is conducting his annual toy drive, with new, unwrapped toys donated at his office going to the community Christmas dinner at T.F. Brown's and a Christmas party at City Church's St. Anthony's location on Tuesday.

Stop by his office tomorrow (Saturday) between 8 a.m. and 11 a.m. with a toy for a child and receive a free adjustment. 

Donations will be accepted his office until Dec. 15.

Photo: Dr. Tom Mazurkiewicz and Ryan Macdonald, City Church.

Warrior House has received a $5,000 donation from the USG Foundation through the employees of the USG plant in Oakfield.

Each year, the Foundation provides funds to USG units throughout the country for employees to donate to a local charity. The employees at the Oakfield plant, through a survey by management, selected the Warrior House.

"The Warrior House is a great organization," said Plant Manager Dwayne Van Duuren. "We have a lot of veterans who work at our location so this means a lot to us. We want to be part of the community, be a good neighbor where we can."

Ed Spencer accepted the check on behalf of Warrior House.

Spencer said he got involved with helping veterans after going through his own struggles adjusting to post-military life. In 2016 Pete Zeliff provided the funds to start Warrior House, providing a farmhouse on 360 acres in Orleans County.

"Pete’s a great guy," Spencer said. "I’ll call him up and say I’ve got a vet, he’s got a problem, I need $1,000. Pete will say, OK, no problem, let’s do it. Pete is a caring guy. He gives a lot. He cares a lot. His dream is an awesome thing for this community."

Currently there are 12 disabled veterans living at Warrior House, making it a full house, so recently when a local resident found a homeless vet walking down the road, rather than turn him away from Warrior House, the organization got him a hotel room where he stay for a week, until they found a bed for him in the home of another disabled vet.

Those two veterans are now helping each other heal, Spencer said.

"There’s a lot of different things we do," Spencer said. "It’s nonstop. Whenever the phone rings, we’ll do our best to take care of the problem. It doesn’t matter who calls where, when, what, why, we’ll find an answer for it one way or another."

He said the staff at Warrior House hold in their hearts a special place for disabled vets.

“They don’t ask for a lot and they’re often surprised how much is given back to them," Spencer said.

Clients of Arc of Genesee Orleans dropped off bags full of gifts today for annual WBTA toy drive at Ken Barrett's Chevrolet and Cadillac, which benefits local children through the Salvation Army.

Among the other large donations to come in this morning was seven bags of toys from the employees of Oatka Milk Products in Batavia.

WBTA co-owner Dan Fischer said that by 11 a.m. it looked like as many toys had come in so far as had been received by the end of the day last year.

The toy drive runs until 4 p.m., so plenty of time as of this posting (at 1 p.m.) for you to run down to Adam Miller and load up on toys to donate to the Salvation Army for local children who might otherwise receive little or nothing for Christmas.

Note about the videos below: The audio quality is not great. We have hardware coming by next week that will fix this for future videos.

The financially troubled YWCA in Batavia has reached an agreement to sell its building at 301 North St., Batavia, to Dr. Emily Fraser-Branche, a pediatrician in Batavia who will relocate her practice to the building and lease back space to the YWCA.

The sale of the property is contingent on Fraser-Branche obtaining a use variance from the City of Batavia for a medical office at the location.

When the YWCA opened in 1968 at 301 North, the neighborhood had not yet been declared R-1 (single-family residential) so while the YWCA's use of the property is grandfathered in, any other non-single-family use requires a variance.

The planned sale was announced to a group of YWCA supporters and area residents at a meeting Wednesday night.

Reid Whiting, a municipal attorney with an office in Le Roy, explained to the audience the basis of the variance application, which must be approved by the city's planning board and zoning board of appeals.

There are three criteria that must be met for the variance to be approved, Whiting said.

First, that the change is needed because the current building cannot make a reasonable rate of return; second, that the building is experiencing a unique hardship; and third, that the hardship was not created by the YWCA.

On the first point, the building is not suitable as a single-family residence and therefore couldn't be sold at a reasonable rate of return and further, the YWCA's financial difficulties demonstrate that its current use is not generating enough revenue to maintain a reasonable rate of return.

On the second, because of the building's size and location in an R-1 zone, it creates a hardship on other uses for the building.

And on the third, the financial difficulty of the why and the city's decision to change the zoning is what created the hardship that necessitates the need for a variance, Whiting said.

Fraser-Branche grew up in Batavia and obtained her medical degree from Univerity at Buffalo. She returned to Batavia to practice medicine in Batavia and a few years ago opened Three Little Birds Pediatrics at 314 Ellicott St.

At Wednesday's meeting, she explained that it was the death of her father who inspired her to open her own practice. He encouraged her to strike out on her own and follow her passion.

She's been able, she said, to avoid being swallowed up by a regional hospital group and remain independent. Her practice she said is focused on taking care of her patient's physical, emotional and spiritual well-being.

When she realized she might be able to acquire the YWCA building and move her practice there, she said it was an opportunity beyond her dreams to give her practice room to grow. It was a big decision, she said, that led to a lot of sleepless nights and a lot of prayer but in the end, it just seemed like the right thing to do.

“This is my home community," Fraser-Branche said. "I want to remain here. I want to continue to practice here. I want to continue to watch families grow and thrive.”

In response to residents' questions at the meeting, she said her office will only be open during standard, daytime business hours. Her business doesn't require big dumpsters and what little medical waste is generated by the business, it is safely stored in regular-sized, but sealed, garbage bins and safely removed from the property.

Whiting, in answer to a question, said a variance for the YWCA will not make it possible for other properties in the community to open businesses.

Whiting also said that if, for whatever reason some time down the road, another business wants to use the building, that business would require its own variance unless it was also a medical practice.

If the variance is to be granted, Whiting suggested, community members who support the YWCA will need to speak up in support of the variance.

"We hope anybody here who feels strongly about the future of the YWCA, its place in this community, and the chance to foster a great pediatric practice within this community, we hope that some of you, if not all of you, would take some time out of your busy schedules, particularly around this time of year, to put in favorable word to the planning board and the zoning board," Whiting said. "It’s very important because frequently the only people who show up at variance application hearings are opponents of the variance."

One argument in favor of the variance, Whiting said, is there is already medical uses in that part of Batavia, from UMMC to several medical offices. He said residents won't notice anything different with Three Little Birds Pediatrics than what they're used to from either those medical practices or the YWCA.

The medical practice will be in the back, roughly two-thirds of the building, while the YWCA will continue to operate in the front of the building, still offering its current programs and services, with My Sister's Closet moving to a room in the front of the building.

Millie Tomidy-Pepper, the current executive director, said the YWCA's office hours will remain the same, which are weekday, daytime hours.

The Batavia YWCA, founded in 1910, served the community from various locations, including its own downtown building for many years, until launching a building fund in the 1960s, raising more than $200,000, purchasing the property at 301 North, and finally opening the new building in 1968.

This spring, it looked briefly like the YWCA in Batavia was going to have to close up shop. It was out of money and Executive Director Jeanne Walton was replaced by Tomidy-Pepper, who took over an organization with debt and no reserves. The community rallied around the YW and between donations and the support of other YWCA's Tomidy-Pepper and the board, they were able to keep the doors open.

The sale of the building will help the YWCA continue to serve the community, Tomidy-Pepper said.

"I think it’s a good fit," Tomidy-Pepper said. "I can’t think of anybody else who could have put an offer in on the building who could have fit any better, honestly."

Dr. Emily Fraser-Branche

Millie Tomidy-Pepper

Reid Whiting

The Blue Devils, missing a couple of key players to start the season, dropped to 0-2 with a loss in their home opener to Athena, 64-51.

Andrew Francis scored 15 points for Batavia and Jake Humes added 11, with nine coming on three-pointers. Cam White scored six points. White also had three rebounds.

Joe Martinucci had seven rebounds and scored three points.

Ethan Biscaro, who suffered a knee injury in the state championship football game, Mason McFollins, and Caden White did not play.

For Greece Athena, Melvin Council Jr. scored 17 points and Kelvin Reaves Jr. scored 14 points.

The Blue Devils travel to Pittsford Sutherland for a game Tuesday.

In other boys basketball action Wednesday, Pavilion beat Letchworth 52-39.

In girls basketball: Attica beat Byron-Bergen 61-44; Oakfield beat Holley, 64-33; Alexander beat Pembroke, 43-36; Elba beat Wheatland, 65-45.

To purchase prints of photos click here.

H.E. Turner Funeral Homes hosted their annual Christmastime service of prayer and worship to remember loved ones who have passed in 2018.

Pastor Masha Rivers conducted the service at Northgate Free Methodist Church in Batavia.

Even emergency dispatchers have Christmas wishes so yesterday Santa paid the 9-1-1 crew a visit.

Submitted photo.

Press release:

Congressman Chris Collins (NY-27) celebrated the passage of H.R 2, the Agriculture Improvement Act of 2018. H.R. 2, which includes critically important dairy policy reforms that will strengthen and grow the Western New York dairy economy that in recent years has faced significant challenges.
 
H.R. 2 provides greater coverage to dairy farmers through the Margin Protection Program (MPP), and will allow farmers to participate in both the livestock and dairy protection programs. Additionally, the program will be rebranded as the Dairy Margin Coverage (DMC) Program.
 
"I am extremely proud to see the 2018 Farm Bill make it to President Trump's desk," Collins said. “For too long, dairy farmers in Western New York have struggled to keep the agricultural industry alive because of inefficiencies in past programs and the overall decline in the dairy market. The reforms passed in H.R. 2 will provide a significant boost to farmers right here in Western New York by allowing them to better utilize this program.”
 
This legislation will also help strengthen trade enforcement, promote the research and development of specialty crops, ensure funding to help farmers locate new global markets, significantly increase investment in organic research, and offers cost-sharing assistance to help farmers transition into organics.
 
Collins added: “The agriculture industry is the backbone of New York’s 27th district. Protecting Western New York farmers will always be a priority of mine, and I’m committed to doing what is best to help them succeed. While we still have a lot of work to do to turn this industry around, H.R. 2 is a huge step in the right direction, and I’m pleased to see it pass today.”

Also, a press release from the New York Farm Bureau:

“Today’s final vote for the 2018 Farm Bill is a major victory for New York’s farmers, rural communities and consumers. Farmers needed stronger risk management tools in place moving into next year where there are signs that the economic stress will continue in the farming community.

In particular, the new Farm Bill enhances the dairy safety net for farms of every size, including increasing the margin that qualifies for federal insurance programs. New York Farm Bureau also appreciates the research and support programs in the bill that will benefit New York’s specialty crop producers. Having some certainty moving forward in challenging times is a relief for farmers.

In addition, the Farm Bill supports critical conservation programs, rural development projects, and marketing and research programs to expand market opportunities for farmers. It legalizes industrial hemp, which will benefit farms interested in diversification. And the legislation provides permanent funding to help veterans and a new generation of beginning farmers. The biggest portion of the Farm Bill also guarantees Americans, who can least afford to eat, the ability to access the food farmers produce.

New York Farm Bureau is appreciative of New York’s lawmakers in the Senate and House of Representatives who supported the Farm Bill during this long process, resulting in the bipartisan legislation that their constituents expect. We encourage the President to sign the Farm Bill.”