Stories from

The trial date for an Alabama man indicted on 28 counts of sexual abuse has been moved back, giving his new attorney time to become familiar with the case.

Earl Francis Sprague , 42, of Church Street, Alabama, was also later indicted on counts of criminal solicitation, 2nd, for allegedly trying to hire somebody to murder a witness.

Last week, William Harper, of the Public Defender's Office, withdrew from the case, citing a conflict of interest. Harper is representing one of the criminal solicitation witnesses on an unrelated criminal matter.

Since the witness wouldn't agree to a new attorney, Sprague consented to the change of attorney.

He is now represented by Fred Rarick, who was assigned to the case today.

Attorney and client will appear in court Feb. 20 to update Noonan on Rarick's progress in becoming familiar with the case, at which time a trial date will be set.

In August, Sprague was indicted on 28 counts sexual abuse in the first degree against a child under age 11. He allegedly abused a child on 28 separate occasions from 1999 through 2009.

Sprague is currently being held in the Genesee County Jail.

Bath salts may have played a role in the criminal conduct of a former Batavia resident who admitted in October to possessing forged checks and who was sentenced in Genesee County Court today.

Richard Lee Matson, 30, will serve a four-month intermittent jail sentence and five years on probation as a result of his guilty plea.

Matson could have been sentenced up to seven years in prison.

As part of his guilty plea, Matson stipulated to $4,500 in restitution for his victims, but Public Defender Gary Horton objected to the restitution today because there was much less requested in actual claims filed through Genesee Justice.

Judge Robert C. Noonan said Matson will need to come back at a later date for a restitution hearing, giving the District Attorney's Office more time to collect restitution claims.

Horton, in arguing for the probation sentence, told Noonan that at the time Matson was involved with the forged checks, he was also using bath salts.

"We all are fairly familiar with the affect bath salts can have on someone's life," Horton said.

Horton added that Matson is a valued employee by his employer.

Russell P. Cessna, 25, of 18 Pleasant St., Le Roy, will spend somewhere near the next 15 years in state prison.

Cessna was sentenced in county court this morning for burglarizing more than a dozen homes in Genesee County.

As District Attorney Lawrence Friedman told Judge Robert C. Noonan, if Cessna received the maximum sentence under his plea agreement, he would spend less than a year in jail for each of his crimes.

Three of Cessna's victims told Noonan how Cessna's burglaries had changed their lives forever.

"I don't like that I don't trust people anymore," said one victim. "I don't like that I don't like seeing cars parked in front of my house because I don't know if somebody is looking at my house because they want to take something from me."

The victim suggested that when Cessna gets out of prison, he be required to do 2,080 hours of community service to reimburse the government for all the resources used to investigate, prosecute and incarcerate him.

Another victim said Cessna stole her wedding ring (custom designed by her husband, which she wasn't wearing during her pregnancy) and her graduation ring.

"He took away the two things that meant the most me and something that can't be replaced," she said.

Another victim also said he has become more distrustful and worried about people coming onto his property.

"You're going to have a lot of time in the next 1,800 to 5,400 days of your life," the victim said. "You'll be able to think about why you did what you did and why you didn't just get a job."

Noonan also received letters from friends and family who support Cessna, but there was also a letter Cessna wrote to a former girlfriend and obtained by the District Attorney's Office that Noonan characterized as "vile."

The letter was discussed extensively by Friedman and defense attorney Jerry Ader.

The letter was written shortly after Cessna's arrest at a time, Ader said, when Cessna was coming down from a severe heroin addiction. Cessna was unhappy with his former girlfriend for something she did that was unrelated to his criminal case.

Ader argued that the letter shouldn't be used as evidence of Cessna's character, yet he couldn't deny that it's a part of who his client is. But he's also a person with friends and family who support him, the attorney said.

"The letters do not paint my client in some rainbow," Ader said. "He is somebody who is troubled, who, while he may not admit it, has mental health issues, issues that run in his family and a drug problem that runs in his family. I'm not saying that excuses him. It explains him."

Local law enforcement caught up with Cessna July 31 as part of an undercover operation that located Cessna in the act of burglarizing a home on Summit Street, Batavia. He accepted a guilty plea to two counts of burglary, 2nd, on Jan. 16.

According to Friedman, Cessna cooperated with investigators from four different law enforcement agencies, admitting to a string of burglaries. Friedman said that cooperation did more to help Cessna himself than it helped law enforcement, because by admitting to the crimes, Cessna avoids possible separate prosecution later on new charges.

Cessna read a handwritten statement to Noonan.

"I wish I could take it all back, but it's too late now," Cessna said, adding later that he knows his actions were selfish. "I'm sorry. I hope they (his victims) can forgive me."

Noonan said Cessna's statement was "a reasonable response for somebody who has committed terrible acts against strangers."

But then there is that letter to Cessna's former girlfriend.

"The letter submitted that was written to a former girlfriend is one of the most vile things I've ever read as part ofa pre-sentence package," Noonan said. "Whether it represents who Mr. Cessna is or, as his attorney said, a part of Cessna, that this man would write such a very, very disturbing letter tells me a lot about the person I am about to sentence."

Cessna was also ordered to pay $32,107.15 in restitution.

A man tried this week on a criminal contempt charge had to be restrained by deputies yesterday afternoon after a jury found him guilty.

Security measures were in place from the start of the trial of Jon Nelson Roblee, 37, of Linwood Road, Le Roy. He wore a weighted boot to inhibit his ability to flee and the defense table was angled toward the jury in such a way, with a skirt around it, that jurors would not be able to see any restraints that might have been placed on him (none where during the trial).

After he was pronounced guilty, Roblee became fixated on the two people who were the victims of his refusal to obey a court order, according to Deputy John Baiocco.

"He stood up and pointed and started yelling that it was a conspiracy to commit murder and took a step towards them," Baiocco said. "He had to be physically restrained."

Baiocco and Deputy Daniel Van Valkenburg grabbed Roblee, and with the assistance of Sgt. Bill Scott, Van Valkenburg cuffed Roblee. He was immediately returned to the Genesee County Jail.

Roblee was indicted on the criminal contempt, 1st, charge in June for calling a person protected by a court order and telling the victim, "I am going to get you and him, too, if it takes the rest of my life."

In October 2011, Roblee was arrested and charged with menacing, 2nd, and harassment, 2nd. He was accused of throwing a coffee pot at a victim, cutting a victim's hand, and displaying two knives at a pair of victims and threatening to kill them.

Sentencing on yesterday's jury conviction is set for 1:30 p.m., March 19.

Press release:

The staff of Batavia Downs Casino and Thurman Thomas have released the name and logo of their new bar and restaurant to be built inside Batavia Downs Casino. After receiving hundreds of entries via a naming contest, run through Twitter, the name chosen by staff and Mr. Thomas is “34 Rush."

The logo of the new sports bar includes Thurman’s signature and the phrase “34 Rush” with a slightly pitched block font and the words sports bar underneath. Fans who wish to follow “34 Rush” may do so at facebook.com/34rush as well as twitter.com/34rush.

“We give thanks to the many fans that submitted names over the course of last week," said Ryan Hasenauer, director of Marketing for Batavia Downs Casino. “The name of the bar correlates to Mr. Thomas’ position and his number. The bar name is not one of a typical sports bar. It’s unique, just like Thurman.”

Batavia Downs Casino is in the process of reaching out to the Twitter commenters that helped contribute to the naming of the bar. Those persons will enjoy a dinner with Mr. Thomas as well as prizes from the casino.  The facility’s $28 million dollar expansion begins on Feb. 4 and will conclude some time in the fall.

The day started off with strong winds, a bit of snow and icy roads.

Crews were out early salting highways and law enforcement officers were dispatched to a few minor accidents, including a tractor-trailer that took out a power pole in the area of Texaco Town. Currently, some 61 National Grid customers in that area are without power.

There have also been reports of power and phone lines down in various parts of the county.

Winds are currently blowing at 25 mph with gusts up to 41 mph and strong winds are expected to continue for at least a couple more hours.

More light snow is possible.

Some snow is predicted for tonight with a light breeze.

There are currently two other power outages in Genesee County. One is in Elba and 21 customers are without power and in East Bethany, where 24 customers are without power.

In Pavilion, power should be restored by 11:30 a.m., in Elba by 10:30 a.m. In East Bethany, crews are assessing the situation.

Photo: Genesee ARC workers collect garbage in windy, 27-degree weather on Liberty Street.

Genesee ARC will be able to claim its recycling center at 3785 W. Main St. Road, Batavia, as a tax-exempt property despite missing an important deadline.

According to the county's Deputy Treasurer Matt Landers the nonprofit organization failed to apply for tax-exempt status on the property by the tax status deadline date.

As a result, three local government agencies included in their budgets anticipated revenue from the 5.3-acre parcel, which has an accessed value of $860,000.

When ARC asked to receive tax-exempt status, Landers said his initial reaction was "no," because of the budget concerns.

Then a staff member found a legal opinion that states that an owner is eligible for reconsideration of tax-exempt status after a missed deadline if the assessor concurs in writing that the property was eligible on the tax status date.

The decision wipes out more than $30,000 of anticipated revenue for local governments.

Batavia City Schools anticipated in its 2012-2013 budget revenue of $21,543.07.

According to Landers, district officials, when faced with the revenue loss, double checked the legal opinion and reached the same conclusion as the county Assessor's Office.

The county was set to receive in 2013 $3,650.37 in Medicaid mandate taxes and another $4,189.84 in county property tax.

The Town of Batavia Fire District will see its revenue for 2013 drop by $2,012.36.

Genesee ARC held its grand opening for its new recycling facility on West Main, formally a location for Duro Shed, in September.

An Alexander resident -- who has already admitted to grand larceny in Wyoming County, and is facing prior theft charges locally -- entered a not guilty plea in Genesee County Court today to two new burglary counts.

Nicholas A. Antonucci, 25, of 4192 Broadway Road, who is being held in Wyoming County Jail pending his sentencing Feb. 21, made a brief appearance before Judge Robert C. Noonan this afternoon.

Antonucci was indicted by the grand jury a week ago on two new counts of burglary in the second degree, stemming from two alleged break-ins at a residence in Darien.

In Genesee County, he was already facing incharges of burglary, 2nd, grand larceny, 3rd, and grand larceny, 4th.

On Nov. 26, in Wyoming County Court, Antonucci entered a guilty plea to grand larceny, 3rd, and grand larceny, 4th. His original indictment also included a count of burglary, 3rd.

He faces from three and two-thirds to 11 years in state prison on the Wyoming County conviction, to be served concurrently with any sentence he might receive in Genesee County on the original set of charges.

The Wyoming County plea satisifies all of the charges in that county against him.

Two people were injured Tuesday when their cars hit at the intersection of West Main Street and Lewiston Road, Batavia.

One driver said the light was red when he was attempting to make his left-hand turn,and the other driver said the light was yellow as he proceeded westbound on Route 5.

No citations were issued following the accident, which was reported at 7:40 p.m.

The driver of the first car is identified as David Pfenninger Jr., 34, of Bennett Road, Alexander.

The driver of the second vehicle is identified as Jacob Mark Finkney, 19, of Gabbey Road, Corfu.

Two passengers in Pfenninger's vehicle were injured. Jessica L. Miles, 31, and Jordana A. Miles, 14, were both transported to UMMC.

The accident was investigated by Deputy Tim Wescott.

(Initial Report)

Thomas Ianello Jr., 27, of 8 St. Marks St., Le Roy, is charged with criminal possession of stolen property, 4th, and petit larceny. Ianello is accused of wrongfully possessing a debit card belonging to another person and then using that debit card to make withdrawals. Ianello was released under supervision of Genesee Justice.

Cara Leigh Skye, 24, of South Loop, Steamburg, is charged with a felony count of bail jumping. Skye allegedly failed to appear for a court case in Alabama Town Court. Bail was set at $6,000.

Press release:

United Memorial Medical Center will restrict visitor entrance points to the facility during evenings and weekends in an effort to better manage hospital security.

Beginning Feb. 4, the main entrance to the hospital will close at 7 p.m. on weekdays and be closed on weekends. The Summit Street Entrance will close at 9 p.m. each day. Visitors to United Memorial after 7 p.m., Monday through Friday, should use the Summit Street Entrance until 9 p.m. or the Emergency Room Entrance. All visitors on Saturday or Sunday should use the Emergency Room Entrance.

United Memorial recently completed renovations to allow visitor access to the main hospital from the Emergency Department. Signs will be placed in the hallways to assist locating your destination.

“For security and general safety, it is important to monitor building activity,” said Daniel Ireland, COO of United Memorial. “We want to protect the well-being of our patients and understand the importance visitors have in the healing process. Reducing access points to the facility during non-peak hours of operation, allows us to have a manageable span of control and maintains visitor hours for our patients.”

Visiting hours at United Memorial are from 9 a.m. to 9 pm; with the exception of Maternity which is from 1 to 8:30 p.m.

Press release:

State Senator Michael H. Ranzenhofer (R, C, I – Amherst) has been appointed to serve as chairman of the Corporations, Authorities and Commissions Committee for another legislative session.

“As chair of the Corporations Committee, over 25 defunct, inactive commissions have been dissolved, and 45 other good government bills have been enacted into law to positively impact authorities and commissions, as well as private corporations all across the state. I look forward to 2013 to continue the important work of this committee,” Ranzenhofer said.

Senate Republican Conference Leader Dean Skelos said "Senator Ranzenhofer has a strong sense of fiscal responsibility that has helped us reduce state spending in two consecutive budgets. He is a very strong advocate for a state spending cap and has fought to consolidate and shrink the government bureaucracy. I am confident that he will continue his excellent service as chair of the Corporations Committee and as a new member of the Senate Finance Committee."

Senator Ranzenhofer has also been appointed to the following Senate Standing Committees: Agriculture, Banks, Education, Finance, Judiciary, Racing, Gaming and Wagering, and Transportation.

“One of my top priorities has been to cut state spending,” Ranzenhofer said. “While the last two budgets have reduced overall expenditures, more work needs to be done to ensure the state spends within its means. As a member of the Finance Committee, I’ll be able to go over the fiscal impact of legislation with a fine-tooth comb.”

An official list of legislative meetings for Senate Standing Committees is available at nysenate.gov/committees.

The 61st Senate District encompasses: the towns of Amherst, Clarence, and Newstead and the villages of Akron and Williamsville in Erie County; all of Genesee County; and the towns of Chili and Riga, the Village of Churchville and part of the City of Rochester in Monroe County.

It's a Deal of the Day grab bag -- join The Batavian Club now and we'll mail you a free, bonus gift certificate from a local restaurant. We'll randomly select a gift certificate from what we normally sell for deal of the day.

The value will be either for $20 or $25.

This is savings to you on top of the $303 in gift certificates you'll receive in your membership package.

If you would rather phone in your credit card information to (585) 250-4118, the noon deadline applies. If mailing a check or your credit card information, the membership form must be received no later than Saturday's mail drop at our office.

TO JOIN: Use PayPal buttons below, or to pay by check (annual only) or credit card, click here to download form. Or call (585) 250-4118 to pay by credit card.

Monthly Single Membership - $5 per month
Includes membership card and bumper sticker, package of gift certificates to local businesses.

 

Monthly Household Membership - $10 per month
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

 

Annual Single Membership - $50 per year
Includes membership card, bumper sticker, package of gift certificates to local businesses.

 

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

 

Annual membership, one payment of $60
Includes membership card, bumper sticker, package of gift certificates to local businesses.

Annual household membership, one payment of $120
Includes two membership cards, bumper sticker, one package of gift certificates to local businesses.

 

A committee that was asked by the city council to come up with a plan for improving the quality of life in Batavia delivered a report Monday night asking the city to commit to $50,000 annually to support the effort.

"Vibrant Batavia" is the product of a recommendation by consultants from czb, LLC, which initially recommended something similar, but at a higher cost and over a longer period of time.

The Vibrant Batavia Committee plan is a three-year effort culminating in Batavia's centennial celebration in 2015.

The $150,000 would be combined with $86,000 the group would raise -- with the money going primarily to a marketing campaign and hiring a part-time coordinator -- for the project.

"We really want to develop a powerful brand story for Batavia that will really foster pride in the community," said Marty McDonald, a committee member, who joined Brian Kemp for the presentation to the council.

Everything hinges on the build up to the centennial celebration, said Councilman Kris Doeringer, who also served on the committee.

The celebration will help attract sponsors to contribute to the $86,000 goal; it will bring out volunteers who will get involved in block clubs and other neighborhood efforts; it will help develop a marketing message for Batavia.

"All of those things will happen with the goal in mind of the centennial celebration," Doeringer said. "Remember, all of this hinges on coming together because we're shooting for that one goal."

Kemp said a marketing effort is needed for Batavia because there isn't one now, and such an effort would be aimed both at residents to help them better appreciate what we have, and at outsiders to help convince them to relocate here or bring businesses here.

McDonald said it's time to respond to all of the negative voices that try to bring Batavia down.

"I just get so tired sometimes of hearing the voices of the people who say all the negative things," McDonald said. "I want to get up on the biggest platform and say, 'Hey, we live in a great place.' "

Council President Tim Buckley praised the effort and said it is important enough to keep it going.

"Obviously, this is budget time and like anything else, it's a tough time, but I don't want to see Vibrant Batavia go away," Buckley said. "I don't want to lose this. I don't know where we're going to come up with $50,000 for three years, but we're going to try."

It wouldn't be Western New York if the weather didn't get a little strange, and we're going to be in for a bit of a ride the next few days.

Tonight the forecast is for thunderstorms.

Tomorrow, from 6 a.m. to 1 p.m., there's a wind advisory with winds from the southwest at 25 to 35 mph and gusts up to 55 mph -- and the possibility of thunderstorms.

By Thursday evening, snow, and possibly heavy snow, with strong winds. The forecast through Sunday is for snow and cold, with both being heavy and strong at times.

The Batavia Development Corp. helped create 12 new full-time jobs in Batavia in 2012, according to a report given to the city council by Economic Development Coordinator Julie Pacatte.

The BDC invested $146,555 in local businesses to leverage another $131,787 in private investment, for a total investment in business growth of $278,342.

The effort helped fill about 20,000 square feet of retail and office space downtown.

The agency also administered the city's building improvement program, based on a state grant.

The $460,000 grant program is being combined with a projected $1.4 million in investment by property owners. So far, four of six projects have been completed, including brick work on the Masonic Temple and a new facade on the PennySaver building at the corner of Liberty and East Main streets.

Among the priorities for the BDC in 2013:

• Carr's warehouse redevelopment
• Advance the Batavia Opportunity Area
• Co-host creative thinking and entreprenuerial workshops
• Recapitalize loan funds
• Help businesses navigate planning and zoning
• Advance the "Vibrant Batavia" efforts

Among the specific items discussed is an effort to use the Harvester Center to incubate food-processing businesses that might some day move up to the Genesee Valley Agri-Business Park or provide support for businesses in the park.

City Council President Tim Buckley doesn't think the city should levy fines against residents who don't remove snow from the sidewalks in front of their homes, and that's pretty much how the discussion ended Monday night.

"I don't want to be fingering residents for not shoveling sidewalks because we don't know what the situation is a lot of the time," Buckley said.

As council members discussed, the residents could be elderly, away on vacation or sick.

The discussion about snow removal was placed on the agenda because the issue had been raised at a prior council meeting and City Manager Jason Molino provided council members with a copy of the municipal code.

The code states that each resident is responsible for snow removal within a reasonable amount of time following a snowstorm. Failure to remove snow could result in a fine, under the language of the law.

The city has not typically enforced the law, Molino said, because it would need to be enforced uniformly and sometimes there are circumstances that prevent a resident from removing snow.

He said it's a "tricky" law to enforce.

Earlier in the meeting, during the trash discussion, Batavia resident Kyle Couchman mentioned a comment he said he'd read on The Batavian about a council member's response to someone who complained about a neighbor's plow driver piling snow on his sidewalk. The council member reportedly told the constituent to contact the neighbor.

Couchman said he found the suggestion arrogant. It should be up to the city to enforce its laws, Couchman said, not residents.

Kris Doeringer said that he figures he was the "arrogant" council member.

The point he said he was trying to make to the resident was to try contacting a neighbor first to resolve a conflict rather than getting the government involved.

"I would just like to see issues resolved in an amiable manner without the city involved and fining people," Doeringer said.

Only Councilwoman Rose Mary Christian came out strongly in favor of cracking down on people who don't shovel their walks.

"If people weren't so damn lazy and get off their seats and doing things like start shoveling snow, we might have a better community," Christian said.

An effort by Councilwoman Rose Mary Christian at Monday's city council meeting to garner support for an assault weapon's ban got a mixed response.

Christian, along with members Patti Pacino and Pierluigi Cipollone both questioned why anybody would need to own an "assault weapon," while all three said they support the Second Amendment.

Members Kathy Briggs, Brooks Hawley and Jim Russell all said supporting the Second Amendment meant not going after anybody's weapons.

Nobody questioned whether it was really the place for the Batavia City Council to take up the issue.

"Only police departments and the military should have assault weapons," Christian said.

She also said the council should encourage schools to install bulletproof glass in doors and windows.

Briggs followed Christian and said she completely disagreed with Christian on the issue.

An effort to ban one kind of gun opens to the door for other bans and undermines the Second Amendment, Briggs said.

For Russell, banning assault rifles is just a "Band-Aid" approach.

"I don't think the solution is to ban guns," Russell said. "It doesn't address the real issue."

Answering the suggestion that while hunters may not need "assault rifles," competitive shooters do, Cipollone said that even competitive shooters shouldn't own such guns. The venue that hosts the competition should own the guns and loan them to the competitors, he said, and collect guns at the end of the competition.

No vote was taken by the council on the issue.