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Judge rules against use of computer program to reconstruct Wendt accident scene

By Howard B. Owens

The prosecution in the Ronald J. Wendt manslaughter trial will not be allowed to submit evidence from a computer program that calculates and reaches conclusions on what happened in the Aug. 14, 2009 accident that killed a Dansville girl.

However, maps generated by the program that depict the accident scene without interpretation can be used, Judge Robert C. Noonan ruled in Genesee County Court today.

The combination of measuring devices and computer programs are known as Nikon Total Station, Vista FX (6th Edition) and Crashnet.

Noonan concluded that there are no precedents for using these programs for the purpose of accident-scene reconstruction and one of the tests of admissibility would be establishing general acceptance for that purpose by the scientific community. That has not been established, Noonan ruled.

In another matter, District Attorney Lawrence Friedman objected to photos brought into court today by defense attorney Thomas Burns, saying he hadn't been properly notified and questioning their evidentiary value.

Noonan ruled that Friedman could challenge the value of the photos as evidence at the time Burns attempts to enter them as evidence.

The photos were taken recently of the accident scene area. Burns said some of the photos show views that have not been offered into evidence by the prosecution.

Photos: Darien accident scene

By Howard B. Owens

As I've read our coverage of the Ron Wendt manslaughter trial, I've thought a couple of times it would be useful to see the scene of the accident, what the roadway is like, where buildings are located. 

To help with some perspective are four pictures from the scene. Note, to avoid any visual warping of perspective, I did not use telephoto settings on my lens. I did use a wide-angle setting from the porch of My Saloon.

Top picture is looking east on Route 20/Broadway from the low point of the road, less than 100 yards from the driveway of My Saloon (just past the Route 354 turn sign on the right).

For a bigger version of this picture, click here.

The trial resumes this afternoon.

More pictures after the jump:

Still looking east, but further up the road, where the speed limit changes to 40 mph.  Bigger picture.

The view looking west, the direction Ron Wendt was traveling. Bigger version.

The view from the front porch of My Saloon -- the vantage point of Amanda McClellan, who said she observed Wendt's truck going from 30 mph to 40 mph, and didn't apparently slow before trying to make the turn into the driveway.  The driveway is about four feet to the left of this picture. While McClellan couldn't have seen far up the road, to stand on the porch and watch cars go by gives a different perspective on just how much she could have seen.

Genesee ARC 5K draws a crowd of participants

By Howard B. Owens

Michael Richenberg, 20, from Elba, won the Genesee ARC 5K in Elba on Saturday. His 18:44 time beat Batavia High basketball player Collin Mulcahy, 16, by 12 seconds.

The other top 10 finishers were:

Kimberly Mills, 19, Basom, 19:08
Kevin Lavare, 30, New York, 19:14
Judy Arlington, 44, Lockport, 20:38
Chad Minuto, 34, Batavia, 21:04
Justin Carlson, 13, Le Roy, 21:07
Tom Moran, 57, Batavia, 21:17
Michael Skowronski, 13, Lewiston, 21:21
Patrick Miller, 45, Spencerport, 21:32

The top two women walkers were Kayla Russo, 16, of Williamsville, at 27:06 and Laura Felice, 74, of Jamestown at 40:37.

The top two men walkers were Paul Spiotta, 52, at 42:17 and Clarice Parrag-Graney, 68, at 44:07.

For complete results, click here.

Lancers let a chance at victory slip through their fingers

By Howard B. Owens

Fumbles proved costly for the Lancers on Saturday, as more than one drive was snuffed by a lost ball.

The final score: Elba/Byron-Bergen 12 - Holley 24.

The Lancers held Holley's powerful offense scoreless in the first half, but blew a chance to take a lead in the second quarter on a fumble deep in Holley territory.

And that's pretty much how it would go the next couple of times Elba/BB took possession of the ball.

Holley finally broke the deadlock in the third quarter on a Chad Barhydt four-yard run. On the next drive, Holley made it 16-0 (with two-point conversions) on a two-yard run by Cadizsh Norford.

A 25-yard run by Spencer Greean would seal the deal for Holley, despite two touchdown passes from Eric Kowalik in the fourth quarter.

Kowalik hit Matt Ramsey on a 22-yard strike, and Ramsey also took a pass from Kowalik 65 yards for a score.

On both scores, Elba/BB failed on two-point conversion attempts.

For Elba/BB, Kowalik completed 10 of 12 passes for 178 yards and he rushed for 43 yards. Ramsey had five catches for 141 yards.

The Lancers are now 2-2 and Holley is 3-1.

In other Genesee County football action on Friday, Oakfield-Alabama (0-4) fell to Barker (2-2), 28-7; Attica (3-1) dropped Pembroke (3-1), 38-12; Notre Dame (3-1) beat Alexander (0-4), 33-12; and Batavia (1-3) won over Penfield (0-4), 20-14.

In the Genesee Region division, four teams now have 3-1 records: Holley, Attica, Pembroke and Notre Dame.

Also, interesting story from the D&C about how players in Section V are getting bigger.

More pictures from the Elba/BB game after the jump:

Photos: Preisach Greenhouses still producing beautiful mums

By Howard B. Owens

Passing through Corfu today, I stopped for mums and ended up taking pictures and meeting John Preisach, who came out to greet me.

Preisach's family has owned the greenhouses on Route 77 for 100 years and Preisach's been growing mums for 40 years. The greenhouses were heavily damaged in the tornado last year, but Preisach continues produce beautiful plants.

Body of missing Darien man found not far from home on Sumner Road

By Howard B. Owens

The body of Jeffrey Fredericks, missing since Sept. 15, was found late this afternoon in a wooded area not far from his home on Sumner Road.

The location is just a few houses to the west of Fredericks' house, with a field of a couple hundred yards deep between the roadway and the wooded area. The location is inside Darien Lake State Park.

Fredericks was the victim of an apparent self-inflected gunshot wound, according to Chief Deputy Gordon Dibble.

Genesee County Coroner Kristine Flanagain pronounced him dead at 4:44 p.m. His body was located at 3:56 p.m.

Fredericks was 66 years old.

Dibble said the body was found at the end of a long day of searching this particular wooded area.

Dibble said teams had continued to traverse the area in a grid search pattern and that searches were conducted Wednesday, Thursday, Friday and today.

The exact circumstances of his death remain under investigation.

The following agencies and organizations worked cooperatively over this 10-day period to locate Fredericks: Genesee County Sheriff's Office; New York State Park Police; New York State Police; New York State Forest Rangers; Erie County Sheriff's Office; Corfu Police Dept.; Genesee County Office of Emergency Management; Darien Volunteer Fire Dept.; Bennington Fire Dept.; Corfu Fire Dept.; the Massasauga, Niagara Frontier, Livingston and Oswego Search & Rescue teams; Genesee County Planning Dept.; and Darien Lake Theme Park Security. The Salvation Army also assisted.

For previous coverage, click here.

Batavia PD asking for help in IDing larceny suspect

By Howard B. Owens

Batavia PD is asking for help in identifying the man in this picture. Investigators wish to speak to him related to a possible larceny at Tops Market. No further details were released.

Man accused of trying to pass himself off as federal law enforcement

By Howard B. Owens

A Covington man is being accused of trying to convince Walmart employees that he was a federal law enforcement agent.

Why isn't clear, but Nikko C. Gambino allegedly entered the Batavia Walmart on two occasions wearing clothing with law enforcement markings, displaying a badge and saying, the first time, that he was looking for robbery suspects, and a second time saying he was looking for a fugitives.

Following an investigation, members of the Genesee County Local Drug Task Force along with officers from the Wyoming County Sheriff's Office, conducted a search of Gambino's Covington home and reportedly found articles of clothing with law enforcement markings and a metal badge.

Gambino was charged with two counts of criminal impersonation, 2nd, and one count of falsely reporting an incident.

He was jailed on $5,000 bail and additional charges may be pending.

Blue Devils inducting nine former athletes into Hall of Fame

By Howard B. Owens

Tonight, as part of its home coming game at VanDetta Stadium, the Batavia Blue Devils will honor its 2010 Hall of Fame inductees.

The ninth annual inductees are:

  • Don Cerefin, 1947
  • Bruce Beswick, 1970
  • Sharon Leising, 1964
  • Ernest Found Jr., 1970
  • Barry Sheldon, 1967
  • Matthew Doward, 1986
  • James Briggs, 1969
  • Teal Fowler, 1989
  • James Dzierzanowski, 1969

Tonight's game is at 7 against Penfield.

The inductees will be recognized during a half-time ceremony.

Following the game, there will be a reception at Ri-Dan's Sports Park, 3755 West Main St. Road, Batavia.

The induction dinner is Saturday at Terry Hills. A social hour begins at 5 p.m., and dinner is served at 6 p.m., with the ceremony immediately after dinner.

Tickets are available at the Batavia High athletic director's office, or call 343-2480, ext. 2003.

More inductee pictures after the jump:

Off to Chicago

By Howard B. Owens

I will be leaving shortly for Buffalo to catch a plane to Chicago. I'm attending a conference called "Block by Block: Community News Summit 2010."

The one-day event is perhaps the first time all of the publishers of the top local online-only news sites in the U.S. have gathered in one location. In all, about 40 independent publishers will be attending, plus some editors from larger companies.

I'll be leading one session on advertising sales.

In the meantime, Tim Walton is helping with Ron Wendt trial coverage and Ethan Thompson will cover Attica at Pembroke football for us on Friday night. Of course, Billie will be around to monitor the scanner and handle anything breaking that comes up, and WBTA is available to pitch in as needed, as well -- so there should still be news coverage while I'm gone.

Not to mention, of course, I'll have my laptop with me and stay on top of things as much as possible.

Milling begins on Ellicott Street

By Howard B. Owens

Contractors began milling Ellicott Street this morning in preparation for repaving next week.

Over the next three days, the milling tractors -- which cost $750,000 each -- will remove 750,000 tons of top asphalt.

The milling begins down the center of Ellicott today, with traffic being diverted to the outside lanes from Main to Cedar. Once the center of the roadway is milled, traffic will be routed to the center and workers will mill to the curbs.

A test strip of paving will be laid on Wednesday, with actual paving scheduled to begin on Friday.

Patriot Trip III leaves for Washington

By Howard B. Owens

Two bus loads of area residents departed from the Batavia Downs parking lot this morning for "Patriot Trip III," the annual trek to Washington, D.C., organized by Assemblyman Steve Hawley.

The trip includes tours of the WWII, Vietnam, Korean and FDR Memorials as well as the Nation’s Capitol, Arlington Cemetery, and Udvar Hazy Aerospace
Museum. Each traveler paid $325 to join the group and they will stay at Fort Belvior Army Base in Virginia.

For many of the people joining the tour this year, it is their third time making the trip to D.C., and some first-timers said they were excited to be going in this year.

Police Beat: Man accused of petty larceny in Bergen

By Howard B. Owens

David Timothy Neuhaus, 23, of North Street, Batavia, is charged with petit larceny. Neuhaus is accused of stealing property from another person in Bergen. The time of the alleged incident was 5:20 a.m., Tuesday.

Randy Lawrence Sanfratello, 40, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Sanfratello allegedly remained on the property of another person whom he was ordered not to be near.

William J. Christner, 55, of Batavia, is charged with DWI and aggravated DWI. Christner was stopped by State Police at 9:07 p.m., Tuesday, on Route 5 in the Town of Batavia.

BATAVIA GIRL TO COMPETE IN NATIONAL FENCING TOURNAMENT

By Howard B. Owens

Press Release:

ROCHESTER…Batavia resident Claire Zickl is participating in the Flower City Super Youth Circuit, a United States Fencing Association National tournament, on Sunday, September 26. The competition begins at 12:30 p.m. Claire, who began fencing earlier this year, attends En Garde: Batavia Fencing Academy.

For those unfamiliar with the fencing tournament rotation Y10 fencers (youths 10 years old or younger) fence in one of 8 Super Youth Circuit tournaments before being allowed to sign up for Nationals at the end of the season. By fencing at this tournament Claire will be allowed to compete in Nationals.

Claire, a 5th grader at John Kennedy Elementary School in Batavia, began taking fencing lessons this summer “but has wanted to take them since she was 6, when her brother started lessons in Rochester,” according to her mother, Rachel Zickl. “She was very excited when En Garde came to town!"

Fencing is an ancient sport with an illustrious history and is only one of four sports to be included in every modern Olympic Games, since 1896. It was also an event in the original Olympic Games in Greece. Fencing is conducted on a 14m x 22m strip or “piste”. Competitors win a fencing bout by being the first to score 15 points (in direct elimination play) or 5 points (in preliminary pool play) against their opponent. Or, by having a higher score than their opponent when the time limit expires, usually nine minutes. Claire will compete against 11 other fencers in her age group.

"Fencing has certainly impacted Claire’s self esteem and confidence particularly as she has to fence against boys," Rachel says. Claire also plays soccer so, according to her mother, "fencing has also improved her balance and agility."

The Flower City Super Youth Circuit serves as both a qualifying event for the 2011 Summer National Championships, as well as a national point standing events for Y10, Y12, and Y14. National Points will be awarded to those placing in the top 40% of the competitive field.

For more information about En Garde:Batavia, contact Colin Dentino at 585.409.3993 or email engardebatavia@me.com

Three-car accident reported at Daws Corners

By Howard B. Owens

A three-car accident with injuries has been reported at Daws Corners.

UPDATE 6 p.m.: Northbound traffic at Saile Drive is being closed.

UPDATE 6:32 p.m.: The Elba fire chief has told fire police to reopen the road.

Accident with head injury reported on Route 490

By Howard B. Owens

An accident with a head injury has been reported on Route 490, just past the Bergen exit.

The accident is actually in Monroe County, but still part of the Bergen Fire District.

Bergin Fire and Le Roy Ambulance have been dispatched.

UPDATE: This apparently was not an accident. There was a parent taking a child to the hospital after the child was hurt in a playground accident. Bergen back in service.

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