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The winner of the contest to "Like" Graham Careers on Facebook is Tonette Stone.

Tonette wins a $100 gift card to Alex's Place.

Local business owners: Want to increase the reach of your Facebook business page by sponsoring a Facebook "Like" contest on The Batavian? Call Lisa Ace at 250-4118 for more information.

Press release:

The Genesee County Sheriff’s Office has recently hired Anne M. Bezon to fill the position of Justice for Children Advocacy Center (JFCAC) supervisor; a position that was created after a vacancy that was left by the resignation of a Sr. Community Victim Services counselor at the center.

Bezon brings many years of social work experience to the Justice for Children Advocacy Center. In addition to previously being employed with Catholic Charities as a co-facilitator for both the Domestic Violence for Men Program and Our Kids Parent Education Program, she held the title of social worker III. She was also the assistant director of the Geneseo Summer Recreation Program for the YMCA.

The 2004 high school alumna from Oakfield-Alabama Central School graduated magna cum laude from Gannon University with a bachelor of arts degree in Legal Studies, with minors in Social Work and Pre-law. In addition, she earned a master's degree in Social Work from University of New York College at Buffalo in 2010 and is currently enrolled in the 2012 class of Leadership Genesee.

Sheriff Gary Maha said “Ms. Bezon is a perfect fit for the Justice for Children Advocacy Center Supervisor position. This position requires patience, compassion, sensitivity and social work experience, all of which Anne possesses. She started in this position July 30 and has been doing an excellent job.”

Brandon Charles Smart, 35, of Bank Street, Batavia, is charged with trespass. Smart was arrested on a warrant out of Le Roy Town Court charging him with trespass. The charge stems from a June 13 incident at Buttermilk Falls, off North Road, Le Roy, in which Smart fell to an outcrop of rocks at the falls and had to be rescued. 

Smart is also charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, moving from lane unsafely and unlicensed operation. Smart was reportedly involved in a single-car property damage accident at 1:11 a.m., Saturday, on Knowlesville Road, Alabama.

Nicholas Joseph Pascucciq, 22, of Main Road, Stafford, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Pascucciq turned himself in on a county court bench warrant on charges of criminal possession of a controlled substance, 4th and 5th. After his arrest, the additional charged were issued stemming from an incident in Le Roy on July 14. Pascucciq was held on the warrant.

Walter B. Hale, 34, of Oakfield, is charged with felony DWI and three counts of felony aggravated DWI. Hale was charged under Leandra's Law for allegedly driving while intoxicated with three children in his car. Hale was stopped on Route 63 by State Police. According to troopers, he failed a field sobriety test and blew a BAC of .09. Hale was jailed on $5,000 bail.

There will likely be seven or eight girls volleyball teams in Section V this season with boys playing right along side the girls, setting, digging and maybe even spiking.

One of those boys may play for Batavia High School.

It's a growing trend, said Ed Stores, executive director for Section V.

"Last year a couple of schools had boys on them and this year there may be seven or eight," Stores said. "It's a concern that it's taking off a little bit. Unless the state education department gives us a little more guidance, there could be more."

State athletic rules allow for girls to play boys sports and boys to play girls sports so long as there is "no significant adverse effect," Stores said.

Right now, Section V interprets the rule to mean no girls are cut from the squad to make room for the boy.

If a boy were 6' 4" or 6' 5", that might fall under "no significant adverse effect," Stores said, but the state hasn't given regional athletic directors enough guidance to know for sure.

There is currently no protocol -- because the issue hasn't come up yet -- on what to do if a boy makes a team and just dominates games. Stores said if that happened, Section V officials would review the situation and determine whether there is a "significant adverse impact."

Mike Bromley, athletic director for BHS, said the boy and his father do not want to be part of any media coverage right now. Since the last step for the boy making the team -- final Section V approval -- won't take place, if it does, until tomorrow, Bromley declined to release the student's name (he anticipates approval, however)

The student was required to go through a review process at the school that determined that he would be able to compete without undue advantage, Bromley said.

"It's not automatic for a boy to be on the team," Bromley said. "If we think it disadvantages the female athletics then we have to look at it differently."

The youth won't be the first boy to compete in a girls sport at BHS, Bromley said. Last year a senior was on the girl's gymnastics team, though he didn't compete for points. He just participated in meets.

"He was really good at floor exercises," Bromley said.

The gymnasts participated, Bromley said, just because he enjoyed the sport. He wasn't trying to prepare himself for a gymnastics career in college.

There have been girls over the years who have played boys hockey, wrestling, lacross and one girl, whose ability was so advanced, played boys tennis.

Bromley described the local male volleyball player as somebody who just really enjoys the sport and wants a chance to participate.

It got a lot of attention from BHS students last year when Pittsford Mendon's volleyball team showed up with a boy on the team.

"They had a kid who was a setter who was pretty good," Bromley said. "The kids who went to the game were, 'wow, boys can do that.' I think that got them thinking about it."

Stores said there's something to seeing other boys play volleyball that helps remove the stigma, which helps encourage them to try out for the team.

In the first season after the summer Olympics, there may also be a heightened interest in volleyball among male athletes.

But there isn't enough interest yet, Bromley said, to create a separate team for boys.

Stores said in this day and age schools simply don't have the money to add more athletic teams.

"I think there are a lot of boys who want to play," Stores said. "But there aren't a lot of schools out there that are going to be adding sports."

Democrat and Chronicle: Burying the power grid one solution

Press release:

For the second year in a row, Lindsay Ryan’s “Gordon” proved he’s still the fastest dachshund in Western New York, when he won Sunday’s Petco Wiener Dog Races at Batavia Downs.

In front of the largest crowd ever to witness the annual event, 75 dogs squared off in 10 elimination heats with each elimination heat winner returning for the championship final.

The fastest 10 dogs left their handlers and roared by the historic half-mile tracks home stretch and after videotape review it was determined that “Gordon” had indeed narrowly crossed the finish line first.

Tom Grimm’s “Isabella” was a very close second while Christopher Cummings “Max” finished right there in third.

“Gordon’s” accomplishments earned her owner $200 in casino free play. Second and third place was worth $100 and $50 in casino play for their respective owners.   

The wiener dog races are the final event of Family Fun Day at the races held each year on the last Sunday afternoon in August.

If you're unable to view the slide show below, click here. To purchase prints of these photos, click here.

Saturday was the first big test for a new pedestrian access policy at Darien Lake and while officials are satisfied with the results overall, they admit there are some kinks to work out.

On the positive side, officials said, traffic control after the concert was much better than used to be expected for a sold-out concert.

On the negative side, there was some confusion over what to do with taxis, how to handle passenger drop-offs and dealing effectively with people trying to circumvent the policy.

Cherry Hill Campground was open for concert parking and apparently tried to establish a private vehicle shuttle service for its patrons. 

Part of the terms of service now for ticket holders is there is only one vehicle entry and one vehicle exit per person and you must have a valid ticket to come onto the property.

Drivers of cars observed coming off The Hill were threatened with arrest for criminal trespass when they were observed coming in through Employee Road and then leaving immediately.

Many of the dozens of people who tried to walk in through Employee Road managed to bum rides from other concertgoers in cars. Of course, they became pedestrians after the concert trying to exit the venue on Employee Road.

Those people were told either to walk to the main gate to leave or to the exit point at the east side of the property.

Officials wanted to keep Employee Road open for vehicle traffic, so a strict no-pedestrian rule was enforced.

"The overall objective is just to make the traffic flow smoother and just create a safer environment for our guests," said Darien Lake General Manager Bob Montgomery. "To that extent, it’s working. If we’ve got a few little leaks here and there, we’ll correct them were we can. If people are really working hard to beat the system, I guess they can if they think it’s really worth all the effort."

Some issues will just work themselves out, Montgomery said, as guests become more familiar with the new system and fewer of them are willing to hassle with private lot parking.

From just before 5 p.m. until shortly after 8 p.m., vehicle traffic to Darien Lake was gridlocked from both the south and the north.

While some concertgoers blamed the new parking policy for the stop-and-go entry, Chief Deputy Gordon Dibble, of the Sheriff's Office, said he doesn't see the connection.

"We've had traffic being backed up in the past when the private lots were open, so I don't see that being the issue," Dibble said.

What surprised authorities, Dibble said, was how relatively few concertgoers started arriving at noon or one o'clock.

Typically, a Saturday concert attracts a lot of early arrivals, and this show didn't for some reason. Many people waited until later in the afternoon to arrive, which meant more people trying to drive in closer to showtime.

Dibble said he spoke to some patrons prior to the show who said they expected other concertgoers to come early, so they decided to come late.

There also seemed to be a higher number of concertgoers coming from the south of Darien.

"There’s something about this place," Dibble said, "that no matter how long you work out here, when you think you’ve got it figured out, there’s just something to do with who the band is, whether they're drawing from the Rochester market, the Syracuse market, the Canadian market, that makes a little different pattern. To a degree it’s unpredictable, it really is."

The worst traffic-related incident prior to the show occurred just before 8 p.m. when the passenger of a vehicle stuck in traffic jumped out of the car and ran into the path of a motorcycle heading south.

Jessica Freeman, 23, of Rochester, suffered head and facial injuries and is in critical condition at ECMC, where she was flown by Mercy Flight.

Prior to the show, concertgoers turned away at Employee Road were clearly frustrated, some of them, but didn't hassle police or security about the policy.

One group of three young men did manage to talk their way onto Employee Road and enter the venue.

Apparently, they had bought their tickets and made their reservations at Cherry Hill Campground in June. After the new policy was announced, one of them had an email exchange with officials at Darien Lake and was told, incorrectly by somebody, that they would be allowed to walk onto the property.

Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment, was at property Saturday both observing and supervising implementation of the new policy.

He snapped an iPhone picture of the young man's email and then allowed the trio to walk up Employee Road into the venue.

The biggest conflicts of the night came after the concert was over and some people tried to exit the venue on Employee Road.

Rakestraw had predicted some 500 people would try to leave via Employee Road -- far fewer than the thousands walking out in concerts past.

The actual number of pedestrians trying to leave on Employee Road was probably far fewer than 500.

Most were cooperative when told to head in another direction.

One gentleman who was highly intoxicated got lost in the employee parking lot (which was used for regular guest parking last night).

Two people were arrested after apparently wearing out their welcome, so to speak, arguing with deputies about the pedestrian policy.

Rebecca A. Pickem, 25, of Olive Drive, Baldwinsville, discussed the situation with a couple of different cops, went round and round with Sgt. Tom Sanfratello. After several minutes of discussion, Sanfratello told her to leave or she'd be arrested.

Her alleged reply: "I guess you'll have to arrest me," which at that point became a refusal to follow an officer's order, so she was arrested.

Her companion, Tyler A. Vincent, 24, of Olive Drive, Baldwinsville, wouldn't leave and was also arrested.

Reportedly, Pickem and Vincent had parked their vehicle more than two miles from the concert facility and were apparently concerned about how to get back to their car.

The thing is, if Pickem and Vincent had been a little more patient, they were two minutes away from a cab ride to their car.

Sgt. Steve Mullen had called a cab for them.

There was another group of young ladies, four of them, who were stranded at the park. They were reportedly staying at the Attican Motel. The Attican charged them $20 for a shuttle ride to and from the show, according to Mullen. When the driver dropped them off, he reportedly informed them the shuttle might not be available for a ride back to the hotel.

When the women called the motel, they were reportedly told the van had broken down (Note, I was on Employee Road when I saw the van, with Attican Motel written on it, pull into the parking area).

Mullen called a cab for the young ladies and escorted them out to Sumner Road and waited with them for the cab.

By the time Mullen returned to bring Pickem and Vincent to their cab, they were already in custody.

While all of this was going on, there was a young Canadian woman in full agitation mode, running around from one cop or security guard to another yelling at them, hurling insults and threatening to call the Canadian Embassy.

Deputies said she had been difficult to deal with prior to the concert when she tried to walk into the venue.

After the show, she claimed her "bestfriend" had gotten separated from her and her other friend during the concert, three hours prior to her first notifying law enforcement.

She gave three different ages for her missing friend and changed the clothing description.

Any time an official would try to ask her questions about her friend and their travel plans, she would just start yelling again.

She also claimed she wanted to walk out of the facility, but continued to yell at deputies for not doing more to find her friend.

At one point, she yelled at a deputy, "I hope your daughter gets raped some day."

There was another young woman from Canada who was also missing her travel companion, another young woman. She was calm, but clearly worried about her friend.

At 1:30 a.m., Darien Lake security officials were still involved in trying to help both young women locate their friends.

At 1:30 a.m., all Darien Lake parking lots were empty, which under normal sold-out concert nights was at least an hour earlier than might be expected.

Dibble said with Sumner Road free of traffic from private lots, it was much easier to get cars out of the parking lots. Both lanes of Sumner Road could be used for traffic leaving the facility. If not for a couple of minor accidents on Sumner Road, patrons would have gotten out even quicker.

While there were 15 arrests at the concert, the majority of them were related to the new policy, such as three people accused of climbing the new fence to try and gain access to the property.

I spent two hours at the entry gate known as "South PAC," where concert security will bring any unruly patrons for deputies to deal with and potentially arrest or release. South PAC is normally bustling with activity during a concert. During the two hours I was there, not one patron was escorted from the concert.

Batavia resident Carrie Hylkema, who's attended several country shows at Darien Lake, was at the show Saturday as a volunteer for a beer concession set up to raise money for Batavia Ramparts.

She said the atmosphere Saturday was very different from any country show she had ever attended at Darien Lake.

She said concertgoers were much less aggressive than she's seen in the past.

"A lot of times we come driving in, whether we’re working the concert or just going to the concert, you can see it’s out of control before you even come into the gates," she said. "It just seemed more managed tonight. My husband I both commented tonight that it just seemed more in control."

Some of the explanation for the mellower atmosphere, Dibble said, is the fact that so many people came later to the show, got caught in traffic, and had less time to get intoxicated in the parking lot before the concert.

"I’d like to think the underage drinking work that we’ve been doing is paying off, too," Dibble said.

There were 48 underage drinking citations issued Saturday, which is far fewer than have been issued at big country concerts over the past two seasons.

Among the kinks in the system Saturday was what to do with taxi cabs. The plan was, officials said, to only allow cabs into a designated area after 10 p.m. -- for pick up only, not for drop off. But cabs were entering the facility prior to the show.

There was also some confusion over how parents dropping off concertgoers were to enter and leave the facility.

Montgomery acknowledged he and his staff are going to need to figure out these issues for future concerts.

"What we'll do with the team here is, we'll meet again tomorrow and kind of put those issues on the table," Montgomery said. "There's nothing big, nothing that would be a big concern. You're right about the issue with taxis and where do we place them. We want to go back specifically and address that. That's one of the issues that stood out."

Traffic entering the venue, heading toward the main gate, backed up on Sumner Road, with a group of pedestrians in the distance getting into a passenger vehicle offering them a lift.

Pedestrians being told they would not be allowed to walk into the venue.

This vehicle came down off The Hill and is heading toward the main gate.

A trio of concertgoers (third person already in the back seat) get a lift into the venue.

A vehicle that had allegedly previously come off The Hill and delivered concertgoers into the venue gets a trespass warning, and would not be allowed in with another group.

Another driver allegedly issued a trespass warning.

This gentleman was eventually allowed to walk on Employee Road and into the venue after displaying an email from Darien Lake saying that he would be allowed in on foot.

Subject taken into custody after allegedly refusing a police officer order to leave the facility.

Concertgoers party in a 1968 stretch Checker Cab.

A reportedly highly intoxicated individual is taken into custody, charged with disorderly conduct, after allegedly causing a disturbance in a parking lot at about 11 p.m.

This photo submitted by a reader. One concertgoer decided to drive his tractor to the show.

NOTE: This was the first sold out concert after the new no-pedestrian access rule to the Darien Lake property came into full force. I did a ride along with the Sheriff's Office for the night and will have a report, with photos, later.

The following people were arrested by the Sheriff's Office in connection with the Jason Aldean Concert at Darien Lake Performing Arts Center.

Matthew K. Skelton, 26, of Coe Avenue, Oakfield, is charged with disorderly conduct after allegedly yelling profanities and causing a disturbance in the parking lot. Skelton was arraigned in Darien Town Court and remanded to jail in lieu of $200 bail.

Rebecca A. Pickem, 25, of Olive Drive, Baldwinsville, is charged with trespass after allegedly refusing to leave the Darien Lake Employee Road area after attempting to exit the venue as a pedestrian. Pickem was arraigned in Darien Town Court and released on her own recognizance.

Tyler A. Vincent, 24, of Olive Drive, Baldwinsville, is charged with trespass after allegedly refusing to leave the Darien Lake Employee Road, area after attempting to exit the venue as a pedestrian. Vincent was arraigned in Darien Town Court and releaed on his own recognizance.

Nicole L. Louiseize, 23, of Summerhill Drive, Moncton, New Brunswick, Canada, is charged with trespass after allegedly entering the concert venue after being denied entry and told not to reenter. Louiseize was arraigned in Darien Town Court and remanded to jail in lieu of $400 bail.

David W. Pitts, 30, of Buford Deli Townline Road, Scotland, Ontario, Canada, is charged with DWI and aggravated DWI with a BAC of .18 percent or more after allegedly operating a motor vehicle while intoxicated in the campgrounds.

Brian A. Rupe, 29, of Ransom Road, Lancaster, is charged with trespass after allegedly jumping the fence to enter the Darien Lake property.

Nicholas J. Pagano, 19, of Savage Road, Holland, is charged with trespass after allegedly jumping a fence into the concert venue.

Mark A. Silvestri, 26, of South Seine Drive, Cheektowaga, is charged with trespass after allegedly jumping a fence into the concert venue.

Michael J. Riley, 47, of Beckett Drive, Brantford, Ontario, Canada, is charged with criminal mischief, 4th, after allegedly punching a car causing damage.

Adam R. Wattles, 19, of Old Lower East Hill, Colden, is charged with false personation after allegedly providing a false age. (Wattles was cited at the Toby Keith concert for alleged underage drinking.)

Colin J. Haines, 17, of Americo Court, Lancaster, is charged with trespass after allegedly attempting to enter the concert venue with a ticket to a show in West Virginia. When he was denied entry, Colin allegedly ran through the gate and entered the venue.

Kelly L. Alcorn, 47, of Tower Hall Terrace, Grand Island, is charged with harassment, 2nd, after allegedly hitting another patron in the concert venue.

Karen M. Walker, 35, of Niagara Falls, is charged with harassment, 2nd, after allegedly striking another patron in the concert venue.

Stephanie A. Fenner, 36, of Lafayette Road, Cortland, is charged with disorderly conduct after allegedly punching and grabbing a Darien Lake security officer.

Daren J. Conklin, 20, of Lafayette Road, Cortland, is charged with harassment, 2nd, and resisting arrest after allegedly being involved in a fight and pushing a deputy while being detained. Conklin then allegedly physically resisted and kicked deputies during the course of the arrest.

The NYS DMV had an enforcement detail at the venue and the following individuals were accused of using a fictitious/fraudulent driver's license.

James A. Carbamone, 20, of Delta Drive, Niagara Falls, Ontario, Canada
Rebecca E. Blondin, 20, of South Taylor Road, Charles, Fla.
Kyle R. Henecke, 21, of Loonis Road, Farmington
Morgan J. Engesser, 19, of Higby Road, New Harford

The following indivdiuals received citations for alleged possession or consumption of alcohol while under age 21.

Colin J. Haines, 17, of Americo Court, Lancaster
Adam R. Wattles, 19, of Old Lower East Hill, Colden
Guymichael A. Gornicki, 20, of Lockport Road, Niagara Falls
Anthony R. Dicosmo, 20, of Lockport Road, Sanborn
Megan P. Barney, 20, of Gerald Hunter Road, Madrid
Meghan R. McGee, 20, of Lagrass Street, Waddington
Katie C. Mach, 18, of Banko Drive, Depew
Maxwell I. Crabtree, 19, of South Seine Drive, Cheektowaga
Matthew R. Walsh, 19, of Gabriel Drive, Cheektowaga
Aleigh J. Andrews, 18, of Homestead Drive, Niagara on the Lake, Ontario, Canada
Richard W. Ingoldsby, 20, of Rice Road, Boston
Nicole M. Vinci, 19, of Hogan Road, Webster
Eryn E. McBride, 18, of Houston Road, Webster
Alexandra N. Liberty, 18, of Chigwell Lane, Webster
Alyssa C. Proietti, 20, of Cottage Brook Lane, Webster
Tyler M. Smedley, 19, of Morning Glory Drive, Webster
Kaitlin M. Cunningham, 19, of Cottage Street, Fredonia
Heather N. Tomsick, 20, of Gardner Street, Fredonia
Thomas F. R. McRae, 20, of Parkside Road, Niagara Falls, Ontario, Canada
Jacob D. Cardwell, 20, of Woodinton Road, Niagara Falls, Ontario, Canada
James A. Carbanone, 20, of Delta Drive, Niagara Falls, Ontario, Canada
Taylor R. O’Leary, 20, of Chesterbrook Lane, Pittsford
(name removed upon request), 20, of Mendon Center Road, Pittsford
Kaitlyn M. Piccarrento, 17, of Temple Road, Henrietta
Samantha N. Jones, 19, of Cameron Hill Road, Rochester
Kathryn E. Pietropalo, 18, of Southery Place, Rochester
Nicole S. Mercendetti, 19, of Elwood Drive, Rochester
Rose R. Emilie, 20, of West Center Street, Medina
Patricia A. Glass, 19, of Chase Street, Medina
Kalie L. Curtain, 18, of South Gravel Road, Medina
(name redacted upon request), 18, of Owls Nest Road, Marion
Melissa A. Cook, 18, of Kemp Drive, Macedon
McKenzie T. Bigley, 20, of North Main Street, Marion
Jordan L. Phillips, 18, of Sunset Drive, Marion
Julia M. Smallman, 20, of Effingham Street, Street, Catherines, Ontario, Canada
Cassandra R. Robinson, 20, of Sunset Drive, Fenwick, Ontario, Canada
Britta M. Adamczyk, 18, of Route 39, Springville
Jochua I. Burau, 19, of Newman Street, Springville
Taylor M. Sikes, 17, of Oak Street, Geneseo
Delilah M. Cipriano, 16, of Upper Mt. Morris Road, Leicester
Bianca R. Weber, 19, of Markie Drive, West Rochester
Veronica L. Maznikovski, 19, of Abbottsford Drive, Gates
Melissa A. Cook, 18, of Kemp Road, Macedon
Darren W. Godfrey, 20, of Witmer Road, North Tonawanda
Ashley M. Drouin, 20, of Peek Road, Hilton
Amanda M. Marlow, 17, of State Street, Caledonia
Corey R. Sherman, 19, of Fraser Drive, Hilton
Austin G. Kelly, 16, of Sunderland Trail, Rochester

One person is believed still in the vehicle after a one-car rollover accident on the Thruway near mile marker 290.8.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 3:12 a.m.: One occupant, out of the vehicle, declining medical treatment.

UPDATE 3:26 a.m.: Town of Batavia back in service.

State Police conducted a DWI checkpoint Saturday evening on Route 5 in the Town of Pembroke.

Six people were arrested:

• Mark A. Newton, 42, of Batavia, charged with DWI
• Edith S. Williams, 48, of Buffalo, charged with possession of a controlled substance, 7th
• Christopher W. Palmer, 40, of Akron, charged with DWAI
• Armand Cummer, 54, of Amherst, charged with felony DWI
• Frederick E. Perry, 31, of Corfu, charged with DWI
• Nathan C. Swimline, 25, of Corfu, charged with DWI

Press release:

Representative Kathy Hochul (NY-26) announced that the Office of National Drug Control Policy (ONDCP) has awarded $125,000 from the Drug-Free Communities (DFC) Support Program to the Genesee County Drug-Free Communities Coalition in Batavia.

The funding will be used to involve and engage the local community to prevent substance abuse among youth.

“I am pleased that the Drug-Free Communities Support program recognizes the great work of the Genesee County Drug-Free Communities Coalition,” Rep. Hochul said. “With the recent rise in the abuse of prescription drugs and bath salts among young people, it is imperative that our communities have the necessary resources to help young people overcome these life-altering addictions, particularly in our rural areas.

"Working together to keep our youth drug free is critical to creating strong communities that are safe, healthy, and drug free. This funding will provide the support necessary to implement substance abuse education and prevention programs across Genesee County.”

The DFC Program was created by the Drug-Free Communities Act of 1997 and reauthorized by Congress in 2001 and 2006. Since 1998, ONDCP has awarded more than 2,000 Drug-Free Communities grants nationwide.

Earl Key (top photo, Jacquetta Simmons leaving court with Ann Nichols following the verdict).

Lawrence Friedman

Asked if his client, Jacquetta B. Simmons, got a fair trial, attorney Earl Key said, "I'm going to appeal that, so we'll see."

Earlier, as reporters walked with him as he left the courthouse, Key declined to say on what basis he might appeal the conviction.

Expanding on the fair trial thought, however, Key said it's possible intense local and regional media coverage made it much harder to ensure Simmons had her case heard before a fair and impartial jury.

"I think the media coverage -- no offense to you guys at all -- definitely hurt her chances of a fair trial," Key said. "As you heard during jury selection, we didn’t have one juror that said -- well, we had a couple, but not very many – who said they had not heard about this case.

"Even the ones who were on the panel had said they had formed an opinion, but they said they could set that aside and be fair and impartial, and the judge accepted their word at that."

Simmons, the 27-year-old Batavia woman convicted today in Genesee County Court of assaulting a 70-year-old Walmart employee, will be sentenced Nov. 15.

District Attorney Lawrence Friedman disagreed with Key's assertion.

"You were there for jury selection," Friedman said. "We went through an unusually large number of people to seat a jury. Obviously there were a lot of people who came through saying they had seen coverage, way more than we’re used to, and they had formed an opinion and, unfortunately, many people said they couldn’t set those opinions aside, and of course they didn’t wind up on the jury."

Key said he was obviously disappointed in the outcome of the case and that he firmly believes the video evidence presented at trial clearly shows a Walmart employee grabbing his client's arm and that she is trying to break free of that grasp when she strikes Grace Suozzi.

"In certain spots, the video is unclear," Key said. "I don't know that they (the jury) saw it the way I saw it."

Asked by a reporter if he thought Sharon Reigle, a Walmart customer service manager, lied on the stand about grabbing Simmons, Key didn't answer the question directly, but said, "She absolutely grabbed her arm, in my opinion."

During the trial there were several profane statements attributed to Simmons that were racially charged.

Some readers of The Batavian have questioned why Simmons wasn't charged with a hate crime.

Friedman said the facts of the case didn't fit the penal code, which requires that race be proven as a motivating factor in the crime.

"Clearly there were comments made, particularly later in the sequence of events, that relate to the race of the victim," Friedman said. "We didn't see necessarily that the crime occured because of the race of the victim."

Simmons was convicted under a relatively new New York statue that makes it a Class D felony for a person 10 years younger than a victim who is 65 or older to assault such a victim.

Originally, Simmons was also charged with the more straightforward assault in the second degree charge, which requires proof of intent to cause serious physical injury.

Prior to the start of the trial, Judge Robert C. Noonan ruled there was insufficient evidence to charge Simmons with intent to cause serious physical injury, so he reduced the charge to a misdemeanor of assault, 3rd.

Without the enhanced assault 2nd charge, the so-called elder-abuse statute, Friedman would have been left with no choice but to prosecute Simmons on the misdemeanor, which carries a maximum sentence of one year in jail.

While such crime enhancements are often controversial among civil libertarians, Friedman said any time there are additional ways to charge a perpetrator with a crime it "helps keep society safer."

"I think it's appropriate for obvious reasons," Friedman said. "You're dealing with more vulnerable victims, either young children or older adults, who are more vulnerable to injuries that can be much more serious. So from my perspective, it's absolutely appropriate."

Simmons turned down a plea bargain several weeks ago that would have capped her sentence at three-and-a-half years in state prison with an available sentence to Judge Noonan of straight probation (no jail time).

Now she's facing a sentence that ranges from probation up to seven years in prison.

A Genesee County jury of 10 women and two men has found Jacquetta B. Simmons, 27, of Batavia, guilty of assault in the second degree.

Simmons will be sentenced at 9:15 a.m., Nov. 15. She's free on bail pending sentencing.

Two attorneys, two different interpretations of what a video surveillance recording from Dec. 24 inside Walmart shows actually happened when 70-year-old Grace Suozzi was hit by 26-year-old Jacquetta Simmons.

There's no dispute, said defense attorney Earl Key, that his client hit, or even punched, Suozzi.

What the recording clearly shows, Key said, is that a Walmart store employee grabbed Simmons by the arm and Simmons tried to swing free and accidentally hit Suozzi.

Like Key in his closing statement in the trial of Simmons on a charge of assault in the second degree, District Attorney Lawrence Friedman went through the video frame by frame and pointed out to jurors that the recording shows something very different than what Key said it shows.

The video shows, Friedman said, that customer service manager Sharon Reigle, isn't even close enough to Simmons to be holding her arm when Simmons starts her swing.

As Simmons starts that swing, Friedman said, you can see Suozzi stepping back, realizing, as she testified, that Simmons is going to try and hit her.

As Simmons hits Suozzi, Friedman said, Simmons is looking directly at Suozzi. In the next frame, Friedman said, you can still see Simmons looking directly at Suozzi as she falls backward to the floor, and Simmons is still looking at Suozzi, Friedman said, as Suozzi slides across the floor.

Those actions, Friedman said, contradict Simmons' claims that she didn't intend to hit Suozzi and that she didn't know she hit and injured Suozzi.

In closing arguments, the defense always gets to make its case to the jury prior to the prosecution.

Key went through the testimony witness by witness, arguing that the prosecution failed to prove the most important fact under dispute: Whether Jacquetta Simmons intended to hit and injure Grace Suozzi.

"You can see clearly from that video that she is being held," Key said. "You can see that she's swinging her arm away. The prosecution has the obligation to prove my client intentionally hit Ms. Suozzi. We all know Jacquetta hit Ms. Suozzi. They have to prove she did it intentionally."

Going through witness testimony, Key noted that Alex Derefinko said he saw a small scuffle before Simmons hit Suozzi.

While Reigle denied grabbing Simmons, Key told jurors she had a motivation to lie because by her testimony the 10-year Walmart employee knows she would be fired if she touched a customer.

While Dylan Phillips testified that he saw Reigle four or five feet away from Simmons, Key said the video shows Reigle standing right next to Simmons.

As for Suozzi, Key said, she is of course a sympathetic person, but that doesn't mean her version of events is what actually happened.

"I submit to you that Grace probably really believes that Jacquetta hit her on purpose," Key said. "But just because you believe something doesn't make it true."

While Key acknowledges that Simmons used obscenities during the incident, he said the most inflammatory statements were not substantiated by second witnesses. In each case, he said, only one person testified to those specific statements.

For example, outside of Walmart, Samual Hackenberg testified that heard Simmons say, "I don't give a fuck about these dirty white people."

Key said the accusation isn't believable because Hackenberg didn't even mention the statement until a month after the incident and nobody else said they heard it.

Even though Hackenberg claimed Simmons said it while standing next to a police car, Key noted that Trooper James Baines didn't include the statement in his report (Baines testified that all suspect statements are included in reports) and didn't repeat the statement during his testimony.

Regarding the testimony of Randy Johnson, Key said it was noteworthy that the prosecution didn't call Johnson, who testified that he saw Reigle grab Simmons.

Johnson also testified that he saw Simmons trying to leave before the punch was thrown.

"They didn't call anybody who disagreed with their theory of the case," Key said. "This trial is supposed to be a search for the truth, not a win at all costs. Let's hear from everybody and let you decide for yourself."

He criticized Friedman's attempt to impeach Johnson by going through a long list of police contact with Johnson that involved Johnson's mother.

"Friedman beat him over his head about things that had to do with his mother," Key said. "But do you disbelieve his testimony because he has trouble with his mother?"

Key told the jury to note that it wasn't the defense that brought race into the trial; it was the prosecution.

He said both Jacquetta and Isaac testified that they were upset on Christmas Eve because they thought they were being accused of stealing. Neither mentioned being upset about anything related to race.

Key closed by emphasizing that the prosecution has the burden to prove Simmons intentionally hit Suozzi, and if there is reasonable doubt that she did not intend to hit Suozzi, then the correct verdict is "not guilty."

"If you say you don't know whether she is guilty or not, that's not guilty," Key said. "If you don't know, that's not guilty."

Friedman said there are three elements of the crime the prosecution must prove.

First, that the victim was injured; second, the age differences of the defendant and the victim; and, that Simmons acted with intent.

There is no dispute over the first two, elements, Friedman said, so that leaves intent and the evidence and testimony, he said, certainly proves intent beyond a reasonable doubt.

Multiple witnesses, Friedman said, testified they saw Simmons pulling her arm back to take a swing at Suozzi.

Simmons acknowledged, Friedman said, that she wasn't going to show Suozzi her receipt.

On the subject of Johnson's testimony, Friedman said Johnson's testimony in court contradicts a statement he gave to police on Dec. 24 and that Johnson admitted that, based on his experience as a boxer, he thought it looked like Simmons intentionally positioned her body to throw a punch.

Friedman also noted that Johnson, who was called to the stand by the defense, testified that out in the parking lot Simmons warned Johnson, "Watch it, or you could get it, too."

That's not the statement, Friedman said, of somebody who just hit an elderly woman accidentally.

Also in the parking lot, Isaac Simmons was on the phone with his mother and he acknowledge telling her, "Mom, Jac just punched somebody and she's going to jail."

"That doesn't sound like somebody who just saw his sister accidentally hit somebody," Friedman said.

Friedman also took aim act Jacquetta's credibility.

Simmons had said she didn't even know she hit Suozzi until two hours later when she viewed the surveillance video at the police station, but evidence and testimony, even her own, Friedman said, contradicts that claim.

For example, Simmons testified that somebody in the parking lot told her, "You can't hit a white woman like that."

"When Trooper Baines showed her the video, after it was over, he said, 'I don't know how you're going to justify this,' " Friedman said. "She just shrugged her shoulders. She was agreeing with him. She couldn't justify it."

Following closing arguments, Judge Robert C. Noonan explained the rules of evidence and the law to the jury, a process that took close to an hour.

Around 12:30, the jury began deliberating. About 15 minutes later, Noonan received a note from jurors asking to review the video evidence.

The jury was brought back into the courtroom and the video was played while they all sat in the jury box, leaning forward trying to get the best view possible of the video.

The jury is currently back in deliberations.

UPDATE 2:09 p.m.: The jury has returned to the courtroom to view again the video of Suozzi being hit. They asked to be situated closer to the viewing screen and to watch it both in real time and four times frame-by-frame with a three-second pause between each frame. The video is now being projected on the back wall of the courtroom, closest to the jury box.

James Russell Kosiorek, 19, of Burgess Avenue, Greenville, S.C., was taken into custody on a bench warrant stemming from a second-degree assault charge. Kosiorek allegedly fled New York after being accused of assault, 2nd. The FBI contacted Sheriff's Investigator John Baiocco informing him Kosiorek had been located in South Carolina. Baiocco contacted the Greenville County Sheriff's Office. Kosiorek was taken into custody, waived extradition and was transported back to Genesee County. Kosiorek was arraigned in county court and ordered held without bail. Kosiorek was then arraigned in Batavia City Court on a charge of bail jumping.

Kenneth Damien Kowalik, 51, of Barrville Road, Elba, is charged with petit larceny. Kowalik is accused of shoplifting at Target.

Steven L. Fetterly, 28, of Elba, is charged with criminal mischief, 4th, and harassment, 2nd. Fetterly was arrested in Elba by State Police for an incident reported at 7:44 p.m., Wednesday. No further details were released.

A Rochester man is suspected of dealing crack cocaine in the City of Batavia with the help of an East Main Street resident, who allegedly allowed the man to operate his drug distribution business out of her apartment.

Taken into custody following an investigation by the Local Drug Enforcement Task Force were Dion "D" L. Clyburn, 27, of Dewey Avenue, Rochester, and Lisa M. Vega, 42, of East Main Street, Batavia.

Clyburn is charged with two counts of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.

Vega was charged with criminal nuisance, 1st, criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana.

A third person was arrested when Vega's apartment was raided. Michael J. Illasi, 42, of East Main Street, Batavia, is charged with unlawful possession of marijuana.

Task force members along with deputies and Batavia PD officers executed a search warrant at 679 East Main St., Batavia.

Investigators allegedly found a quantity of cocaine, marijuana and drug paraphernalia inside the apartment.

Clyburn was jailed on $5,000 bail and bail for Vega was set at $1,000.