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Motorcyclist said he feared collision with train, so laid bike down at crossing

By Howard B. Owens

A motorcyclist laid his bike down Monday afternoon to avoid what he thought would be a collision with a train at a railroad crossing on Molasses Hill Road, Bethany.

Richard T. Apps, 58, of Alexander, was riding north on Molasses Hill at 1:08 p.m., at a time when a Norfolk and Southern train was stopped on the east side of the railroad crossing.

As the train started to move west, according to Deputy Joseph Graff's report, it sounded its horn and the crossing gates were activated.

Apps reportedly said he saw the gates lowering and heard the horn. He said he was startled and applied his brakes.

"The motorcyclist laid the motorcycle down on its left side to avoid what he thought would be an anticipated collision," Graff wrote in his report.

Graff said Apps had a limited view of the railroad crossing due to a crest in the road and trees blocking the view to the east.

Apps suffered only minor injuries and did not require an ambulance transport to the hospital.

(Note: Rendering from Police Accident Report. Not to scale.)

Local dairy farmers looking for increased demand with opening of yogurt plants

By Howard B. Owens

Will Greek yogurt mean a boom for local dairy farmers? Marwa Eltagouri takes a look at that question for the Buffalo News.

Local dairy farmers Gordon Offhaus and Dale Stein are featured.

In order to keep up with the Greek yogurt demand, it is estimated that milk produced by Western New York farmers must increase by 15 percent over the next four to five years, said Dave Dean Norton, president of the New York State Farm Bureau.

Since there isn't enough milk in the state right now to feed the Alpina Foods and PepsiCo plants, the plants will have to pay additional costs to freight the milk in from another state, likely Michigan, said Stein, the farmer from Le Roy.

The article is full of useful information to know if this segment of the local economy is important to you.

Start of work on River Street bridge delayed until Friday

By Howard B. Owens

From County Highway Superintendent Tim Hens:

The work scheduled to start tomorrow on the River Street Bridge in the City of Batavia has been postponed until Friday due to a rescheduling of contractors. Milling of the existing asphalt overlay will be performed Friday and should be completed that day. The bridge will be reduced to one lane during the work.

Woman accused of giving bath salts to minor allegedly said she thought it was OK

By Howard B. Owens

A 24-year-old Batavia resident who allegedly gave bath salts to a minor did so, she reportedly told a DSS caseworker, because she thought the chemical was legal, "therefore it was OK."

Ashley R. Keene, of 244 Liberty St., Batavia, is charged with endangering the welfare of a child.

Her alleged admission to giving bath salts to a 14-year-old girl are contained in court documents on file with Batavia City Court.

According to a DSS worker who made a statement in support of Keene's arrest, Keene said she didn't understand on May 28, Memorial Day, that giving a child bath salts was illegal.

Keene is the girlfriend of Jason D. Lang, 28, of 244 Liberty St., Batavia, who is currently being held in Genesee County Jail. He is accused of falsely reporting an incident for allegedly calling 9-1-1 to report gunshots at a local hotel July 2.

In court documents, a Batavia PD officer reports that in a jailhouse interview, Lang denied participating in giving the girl bath salts and says he warned Keene against it, but admits, according to the officer, of "having a problem with bath salts."

Lang has reportedly been involved in other bizarre calls to the emergency dispatchers, placing multiple calls to 9-1-1 one morning in late June and either he or Keene reported a toxic chemical odor at 244 Liberty St. in June that city fire later declared unfounded.

Lang is the former owner of The Laughing Buddha, 238 Ellicott St., Batavia, which was a head shop and tattoo parlor. The shop has been closed for a few weeks and is reportedly out of business.

In late May, Lang was arrested by State Police for allegedly calling the property owner of 400 Ellicott St. and telling the landlord that he was a "State Police detective." Lang was allegedly warning the landlord not to rent to 420 Emporium because, according to Lang, the business sold bath salts.

According to court documents, on May 28, the 14-year-old girl was given permission to go with Lang and Keene to a rib festival in Rochester. She was reportedly going along as a babysitter for Lang and Keene's daughter.

At about 5 p.m., her parents gave her permission to go home with them. On the way back to Batavia, Lang drove to Warsaw and stopped at a 420 Emporium location there.

The girl reportedly told officers that Lang gave Keene $100 to buy two packages of "Amp" (aka Amped).

When Keene came out of the store, according to the girl, she gave one package of the compound to Lang and kept one for herself. Lang, the girl said, got in the back seat and Keene got behind the wheel. Before driving away, according to the statement, Keene snorted a half line of the bath salt.

Jason slept in the back seat during the drive home, the girl said.

Upon arriving at 244 Liberty, according to the girl's statement, she got permission to stay with Lang and Keene overnight.

In the statement, the girl is reported to have said that Keene was going to do her hair and makeup for her last day of school.

Once home, the girl reported that Lang and Keene argued about "cheating and lying."

Then they decided to go to McDonald's and Tops for food.

When the group returned to 244 Liberty, Keene allegedly asked the girl, "do you want to do caffeine powder with me?"

The girl said she had never snorted anything before, according to the statement, and Keene allegedly showed her how to snort the powder.

At 10:30 p.m., Lang reportedly said he was hot and wanted to go for a walk. The girl also said they were going to look for Lang's dog, which had apparently run off.

When the got home, the girl took a swig from a Sprite bottle, according to the statement, that she later learned contained some "Amped" mixed in the bottle.

The girl said she started feeling hot. Keene, she said, got a bag of peas from the freezer and put them on her forehead. Lang asked her if she needed to take a shower. She declined the shower.

The group stayed up all night watching TV, the girl reportedly said. She said she couldn't sleep.

At 5 a.m., she started getting ready for school. 

She took a shower and Keene stayed in the bathroom during the entire shower, the girl said.

When she got out of the shower she said she noticed scratches on both of her forearms but didn't know how they got there.

Keene did the girl's hair and makeup.

When she got to school, she said, she wasn't feeling well. At about lunchtime, she started throwing up.

Her mother came and took her home.

According to the report, the girl didn't eat for two days.

Lang has previously denied selling bath salts at The Laughing Buddha, but has admitted to selling what is commonly accepted as synthetic marijuana, which Lang called incense and potpourri (previous coverage here). Just before his store closed, Lang said he had found a new kind of synthetic marijuana that was all organic and wasn't covered by a recent statewide ban on most substances known as synthetic marijuana.

After the jump (click on the headline) a press release from Sen. Charles Schumer on President Obama signing legislation making it illegal to sell (as a federal crime) many of the chemicals used in bath salts and synthetic marijuana.

Press release:

Today, United States Senator Charles E. Schumer announced that President Obama has signed into law new drug legislation that will permanently ban the deadly chemical compounds marketed and sold as bath salts and incense in the New York State and the United States.

Schumer successfully fought to include three bills relating to synthetic substances – S. 409 (Bath Salts), S. 605 (Synthetic Marijuana) and S. 839 (Synthetic Hallucinogens) – as part of the Food and Drug Administration Safety and Innovation Act. Schumer and his colleagues were able to pass this ban over the strenuous objections of Senator Rand Paul (R-KY) and Schumer applauds President Obama today for his swift approval of the bill once it arrived at his desk for signature.

“President Obama’s swift approval of this federal ban is the final nail in the coffin for the legal sale of bath salts in smoke shops and convenient stores in New York State and throughout the rest of the country,” Schumer said. “This law will close loopholes that have allowed manufacturers to circumvent local and state bans and ensure that you cannot simply cross state lines to find these deadly bath salts, and I’m pleased that after a great deal of effort, it has become law.

"We have seen bath salts catalyze some of the most heinous crimes in recent months across Upstate New York, and the President’s signature ensures that the federal government can fight this scourge with a united front, across state lines and at our borders.”

Schumer’s bath salt legislation will specifically ban MDPV (methylenedioxypyrovalerone) and mephedrone, the active ingredients in bath salts and are now being sold online, at convenience stores, and in smoke shops under names like Tranquility, Zoom, Ivory Wave, Red Dove, Legal Phunk and Vanilla Sky.

According to numerous reports, the chemicals found in bath salts cause effects similar to those caused by cocaine and methamphetamines, including hallucinations, paranoia, and suicidal thoughts. In one case a user was reported to have resorted to self-mutilation after abusing the substance. In several cases, users have died after overdosing or because of violent behavior.

Schumer’s legislation will make bath salts illegal in the United States by adding the active ingredients, MDPV and mephedrone, to Schedule I of the Controlled Substances Act, which classifies drugs that are illegal and cannot be prescribed under any circumstances. In addition to MDPV and mephedrone, there are 29 other substances that Schumer’s bill bans.

Over the past year, New York State has seen a drastic increase in both the use and the occurrence of destructive incidents involving bath salts. This new federal ban will significantly curb the accessibility of this life-threatening scourge.

Below are a list of all 31 substances that Schumer’s legislation would ban on a federal level:

A) Synthetic Marijuana:

1.      2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.

2.      3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.

3.      3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.

4.      1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.

5.      3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.

6.      5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);

7.      5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog);

8.      1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);

9.      1-butyl-3-(1-naphthoyl)indole (JWH-073);

10.  1-hexyl-3-(1-naphthoyl)indole (JWH-019);

11.  1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);

12.  1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);

13.  1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);

14.  1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);

15.  1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);

16.  1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);

17.  1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);

18.  1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4);

19.  1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8);

20.  1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).'.

B) Bath Salts

21.  4-methylmethcathinone (Mephedrone).

22.  3,4-methylenedioxypyrovalerone (MDPV).

C) Synthetic Hallucinogens

23.  2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).

24.  2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).

25.  2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).

26.  2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).

27.  2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).

28.  2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4).

29.  2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).

30.  2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).

31.  2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).'.

Photos: Out with the old, in with the new for landmark Batavia Downs sign

By Howard B. Owens

Workers this morning carefully dismantled the landmark Batavia Downs sign atop the roof of the grandstand of the legendary racetrack.

The neon sign is being replaced with a more energy efficient and less costly LCD sign that has been fabricated to exactly match the lettering of the old sign.

Ryan Hasenauer, marketing director for Western Regional OTB, said officials plan to keep the B and the D from the old sign and display them in some manner on the property, but the future of the remaining letters of the sign has yet to be determined.

Bottom photo: The first two letters of the new sign, time permitting, will be fitted into place some time today.

Patient transported to UMMC with seizures after suspected use of bath salts

By Howard B. Owens

A patient, described as combative, is having seizures and is being transported to UMMC by Mercy EMS.

The patient, according to a medic, may have used bath salts and synthetic marijuana.

Mercy EMS was initially dispatched to an address on Tracy Avenue for a 25-year-old person having seizures. Upon arrival, medics requested police back-up.

Law and Order: Batavia woman accused of giving bath salts to minor

By Howard B. Owens

Ashley R. Keene, 24, of 244 Liberty St., Batavia, is charged with endangering the welfare of a child. Keene is accused of providing bath salts to a juvenile to snort.

Chad E. Merle, 31, of 3225 Broadway Road, Alexander, is charged criminal contempt, 1st. Merle is accused of sending multiple text messages to a person protected from contact by a court order.

Jamie E. Andrews, 19, of 15 School St., Batavia, is charged with harassment,1st. Andrews is accused of continually following around her ex-boyfriend and driving by his house repeatedly for no legitimate purpose. Andrews was previously arrested by Batavia PD for allegedly harassing her ex-boyfriend.

Valerie Marie Covill, 23, of Oaklawn Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and unlawful possession of marijuana. Covill was charged following a one-vehicle accident at 12:014 a.m., June 28, at 3064 Galloway Road, Batavia. The accident was investigated by Deputy James Diehl and Deputy Matthew Fleming.

Peter James Przybyl, 19, of Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and unreasonable speed on a curve. Przybyl was arrested following a motor-vehicle accident at 3:10 a.m., Saturday, on Route 19, Bergen. The accident was investigated by Deputy Frank Bordonaro.

Kelly Elizabeth Howard, 19, of Judge Road, Oakfield, is charged with two counts of petit larceny. Howard was allegedly observed by loss prevention at Target shoplifting June 8 and July 16. Howard allegedly stole merchandise worth $64.60.

Quentin Israel Humphrey, 20, of East Bethany Road, Le Roy, is charged with unlawful dealing with a child. Humphrey is accused of hosting an underage drinking party.

Justin Baehr, 21, of Linwood Road, Le Roy, is charged with DWI and unlawful possession of marijuana. Baehr was observed early Sunday morning allegedly driving erratically, swerving in and out of his lane on West Main Street, Village of Le Roy, and operating with a loud exhaust. During the traffic stop, officers allegedly found marijuana, marijuana paraphernalia and other apparent drug paraphernalia. Additional drug charges possible pending the outcome of lab tests.

Michael Perdue, 49, of West Broad Street, Rochester, and Jeffrey L. Hayes, 47, of Meadow Circle, Avon, are charged with criminal possession of a controlled substance, 7th, and aggravated unlicensed operation, 2nd. Perdue was allegedly operating a vehicle at 4:46 p.m., Sunday, on Route 237 in Byron. Perdue was stopped for allegedly speeding. An ID check revealed Perdue allegedly has 13 prior suspensions on his driving record. Hayes was allegedly found in possession of a crack pipe with residue. Perdue was stopped by Deputy Brad Mazur, who was assisted at the scene by Deputy Chad Minuto.

Matthew James Pietrzykowski, 19, of Bethany Center Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Pietrzykowski was taken into custody following a report of a vehicle in a dith at 1:15 a.m., Sunday, in the area of 3630 Broadway, Alexander. The accident was investigated by Deputy Kevin McCarthy.

Batavia resident unhurt after boat catches fire on Lake Conesus

By Howard B. Owens

A Batavia resident, along with his passengers, was rescued Sunday afternoon on Lake Conesus in Livingston County after his boat caught fire.

Paul J. Battaglia, 60, and his passengers all got off the boat safely, assisted by emergency personnel and other boaters.

Livingston County Sheriff's deputies say they were called to the north end of Conesus Lake around 2:15 p.m., according to WHAM 13.

Lakeville and Livonia fire departments responded to the blaze.

Police have yet to determine how the fire started, but the boat is considered a total loss.

Driver whose SUV rolled over accused of not yielding right of way at intersection in Darien

By Howard B. Owens

Two people were injured in a rollover accident at the intersection of Colby and Sumner roads, Darien, at 10:08 a.m., Saturday, after one driver allegedly failed to yield the right of way.

Ann Elizabeth Ward, 28, of Buffalo, allegedly stopped at the southbound stop sign on Colby Road, and then proceeded into the intersection despite oncoming cross traffic.

Ward's 2011 Nissan SUV was hit by a Ford sedan driven by Bithika Sarmaroy, 23, of Corfu.

The SUV overturned and struck a northbound Buick sedan driven by Patricia Vanburn, 20, of Silver Springs.

Ward was injured in the crash and transported to UMMC.

Vanburn also suffered minor injuries and was transported to Warsaw Community Hospital.

Sarmaroy was not injured.

The accident was investigated by Deputy Joseph Graff, who issued a citation to Ward for alleged failure to yield right of way.

(Initial Report)

(Scene accident sketch from Police Accident Report. Not to scale.)

Police investigating alleged drunken driver who smacked light pole in parking lot

By Howard B. Owens

Police responded at 6:45 a.m. to a report of an erratic driver in the Valu Plaza parking lot after a car slammed into a light pole, according to witnesses, and then the driver tried to continue operating the vehicle.

Witnesses told police once the car wouldn't go any further, the occupants jumped out and ran. One of them threw items onto the roof above Great Kutz, according to police.

A work crew was on scene and provided a ladder for a Sheriff's deputy to get on the roof and reportedly recover beer bottles.

According to a police, the car had pulled into McDonald's and an employee allegedly observed open beer bottles in the car. The driver, according to police, then pulled into the parking lot, the occupants ate their meals and disposed of trash in the parking lot. The car then allegedly sped toward the light pole at about 90 mph.

The occupants were quickly taken into custody and the driver is reportedly facing a DWI charge.

No injuries were reported as a result of the crash.

Police investigating three church burglaries in the city

By Howard B. Owens

Three Batavia churches were broken into overnight and items were stolen from at least one of the buildings, according to Officer Eric Hill, Batavia PD.

Det. Pat Corona said there was evidence recovered that should help police identify the suspect or suspects.

The first burglary was reported early this morning at St. James Episcopal Church, 405 E. Main St., and Hill and Corona responded to the scene.

Hill didn't release what was stolen from St. James, citing an ongoing investigation.

Corona said the burglar at St. James kicked in a door to gain entry.

While Hill and Corona were tied up at St. James, officials at the First Baptist Church, 306 E. Main St., reported somebody had forced his way into the church building.

Det. Rich Scauff reported for duty to investigate that break-in. Hill said no items have yet been reported stolen at the Baptist church.

As Corona was leaving St. James, officials from St. Mary’s Church, 16 Ellicott St., reported signs of forced entry at their church.

Corona said the suspect or suspects forced their way in through a basement window (photo above) and forced their way into several storage areas but so far nothing is confirmed missing.

No arrests have been made yet. The investigation is continuing.

Muckdog's new shortstop collects first hit in Batavia's 3-0 win

By Howard B. Owens

Two games into his professional career, Alex Mejia came through for the Muckdogs in a big way Saturday night, giving local fans an idea why the Cardinals selected the Pac-12 Player of the Year in the fourth round of June's amateur draft.

Mejia put the Muckdogs on the board in the third inning against the Lowell Spinners with an RBI double. It was Mejia first professional hit (top photo).

The former El Camino Real High School (Sylmar, Calif.) All-City shortstop also flashed some leather that proved solid defensively.

Mejia helped lead the Arizona Wildcats to a College World Series championship and signed with the Cardinals just a week ago at the end of his junior year in college to help his family out financially. He received a $250,000 bonus.

The newest Muckdog comes from a strong baseball family (his father was an All-American at Pepperdine, his sisters play college softball and his cousin is with the Washington National's AAA farm team). 

The 21-year-old Californian put up impressive numbers at Arizona, hitting .357 in 2012 and .335 in 2011.

ESPN featured Mejia in a recent article, and the shortstop received some high praise.

"His passion to succeed, his intangibles, his knowledge of the game ... Alex has it all," Lopez said. "I wouldn't trade him for anyone."

There are some analysts who believe Mejia is the best shortstop in all of college baseball. The reigning Pac-12 Player of the Year -- and Defensive Player of the Year -- is hitting .361 and boasts a fielding percentage of .959.

But Mejia wasn't the only player to contribute to the Muckdog's 3-0 win over Lowell in front of 667 loyal Muckdog fans.

David Washington, a fourth-year pro from San Diego, who is showing signs of putting it all together this year and is hitting .322, drove in two key runs in the fourth inning with a two-out double.

Tyler Melling picked up his first in four starts this season, tossing six shutout frames, scatting seven hits and striking out five Lowell batters. Mellin's ERA dropped to 2.05.

Last season's starting shortstop is now the Muckdog's closer, and Yunier Castillo picked up his third save on the year. After eight appearances, Castillo's ERA is 0.80 and he's fanned 12 in 10 innings.

First-round pick Patrick Wisdom continued his solid rookie season with two hits and some impressive defense at third base.

Also collecting a hit was catcher Jesus Montero, who is the top offensive player for the Muckdogs so far this season.

Montero is hitting .407 with three home runs and 12 RBI. His OPS is 1.072.

The fifth-year pro is the brother of Seattle Mariner's catcher Jesus R. Montero (the Seattle catcher is known as Jesus Rafael Montero as opposed to the Muckdog's Jesus Montero). The elder Montero was traded to Seattle by the Yankees, where he was considered one of the top catching prospects in the major leagues.

If you're unable to view the slide show, click here.

Reported fight and stabbing on Lewis Place, Batavia

By Howard B. Owens

A fight involving several subjects was reported on Lewis Place and Batavia PD responded.

Officers are on scene and report there is a stabbing victim at a residence on Lewis Place and possibly one other injured person.

No indication on how serious the injuries are.

Mercy EMS responding.

UPDATE 12:52 a.m.: Police were told that the victim was at a residence on Lewis, but when officers arrived, they were told the victim had left, so officers are trying to locate the victim. The knife was recovered in front of a neighboring residence. Mercy EMS is on scene.

UPDATE 1:01 a.m.: A second ambulance is requested to Batavia PD headquarters for a report of a male having trouble breathing.

UPDATE 1:04 a.m.: The victim and his brother are going to UMMC ER. Police are interviewing a suspect at HQ. Batavia PD has cleared the scene on Lewis Place.

Photos: Ramble Arts & Music Fest 2012

By Howard B. Owens

More than 40 bands and solo performers congregated downtown Saturday, the rain stayed away, and a good time was had by all at the annual Ramble & Arts Fest in Jackson Square.

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

Repairs on River Street Bridge set to begin Tuesday

By Howard B. Owens

Message from County Highway Superintendent Tim Hens:

The County Highway Department will begin a series of repairs to the River Street Bridge next week. The repairs include joint replacements and a full deck mill and fill. The repairs will have a major impact on travel across the bridge as traffic will be reduced to one lane. Motorists are encouraged to find alternate routes. The repairs are scheduled to start on Tuesday and last for at least two weeks with another closure later this summer to complete the repairs.

NY-27 race shaping up as a war over words

By Howard B. Owens

GOP candidate for Congress Chris Collins reportedly has a history of saying things he maybe shouldn't, and his opponent in the race for the NY-27 has shown she's willing to use those statements against him in the campaign.

“All of us are human," Hochul said in an interview Thursday. "It’s important if you misspeak that you own it and say you made a mistake."

But, she added, “When there’s a pattern, then it’s trouble. If it’s an honest mistake that is a different category.”

As for criticizing Collins for saying people no longer die from cancer in an interview with The Batavian, Hochul said she thinks the comment raises legitimate policy concerns that should held up to scrutiny.

“He said it was out of context," Hochul said. "It looked like it read in context to me. He also said he misspoke, but either way, if you’re going to engage in this level of debate and criticize health policy that provides care to people with preexisting conditions, if you want to have these conversations, it’s important to state your position clearly."

Collins readily admits he makes statements that are easy targets for his political opponents, but he said that's just a byproduct of his straightforward style.

“Clearly, I’m not a politician," Collins said. "I come out of the private sector. I speak very directly. I actually answer questions. I’m not someone who filters, who is consistently filtering everything you say.”

As for the cancer comment, Collins thinks it's ridiculous that anybody would believe he thinks people no longer die from cancer.

Opponents concentrating on just one portion of his full quote miss the overall point he was making, Collins said.

Clearly what he said is there've been advances in health care, Collins said, and new treatments are more costly, above any increase in inflation, than what existed even just 10 yeas ago.

"The result is we live a lot longer and people today are surviving where they may not have a decade ago," Collins said. "Thanks for advances in cancer treatment that saved my sister’s life."

Over the course of Collins's several years of public life, the former Erie County executive has been criticized many times for public statements, most notably in 2009, when Collins compared Assembly Speaker Sheldon Silver to Hitler, and in 2010 when Collins was reported to have offered a woman a seat at an event in exchange for a lap dance.

“I will say, about the Shelly Silver comment, it was a poor attempt at a joke in front of a friendly audience," Collins said. "It didn’t come across and in hindsight, I should not have said that.

"As for the lap dance remark," Collins added. "It never happened. I can’t apologize for something I never said.”

During her year in Congress, Hochul has gotten into trouble for an apparent misstatement once.

Republicans jumped all over a statement by Hochul at a political forum in Erie County where she reportedly said, “Well, basically, we’re not looking to the Constitution on that aspect of it. Basically, the decision has been made by this Congress that American citizens are entitled to health care.”

Hochul thinks that the public is ready to forgive a politician a genuine mistake, but when they do say something inappropriate they should own the mistake.

"If you’re not adding anything positive to the policy debate, then you have to deal with the consequences," Hochul said.

In his interview published in The Batavian on June 24, Collins made other remarks that could be construed as politically sensitive misstatements, but Democrats have not pursued those comments as aggressievely as the cancer statement.

Most notably, Collins made statements that could lead one to conclude that the GOP nominee doesn't believe in civilian control of the military and that the president is commander-in-chief -- two concepts enshrined in the Constitution.

When asked if there was an opportunity to cut spending by cutting the military budget, Collins said, "It’s not my call. I would say you look to your military commanders, you say what is our mission and you look to the experts on how to achieve that mission in in the most cost-effective way, making sure they’ve got the tools they need to accomplish their mission."

Collins then added that President Barack Obama has been out of line in his handling of the military in Afghanistan.

"Whereas our current president has tried to micromanage the military," Collins said. "He’s replaced commanders in Afghanistan because they don’t agree with his policies."

In an interview Friday, Collins said he certainly supports civilian control of the military and understands the president is commander-in-chief.

“President Obama has politicized his position beyond what you would call a professional commander-in-chief," Collins said. "That’s just my opinion. Others may have a different opinion, but I know many people who share my opinion.

“The Constitution is the Constitution and he can do what he’s allowed to do, but that doesn't mean that what he does is right," Collins added.

From Hochul's point of view, Collins's remarks regarding the president's handling of Afghanistan is misplaced criticism.

"Regardless of party affiliation, the president of the United States remains the commander-in-chief," Hochul said. “When the president made a decision to take out Osama Bin Laden, some said that may have been too big a risk. I understand he overrode a lot of people when he made that decision, but I thank him on behalf of the people of this country that he did.”

Finally, as is often the case in taped interviews, the original statement from Collins on advances in health care was quite long and was trimmed to make for shorter reading. While we believe the quote as printed in the origional article fully explains the point Collins was attempting to make, for transparency's sake, below is his full statement. The part of the quote used in the original article is in bold.

"The fact of the matter is, healthcare today is different than healthcare was five, 10, 20 years ago. We didn’t have Lipitor, we didn’t have robotic surgery, we didn’t have what we have for prostrate cancer. People just died. People now don’t die from prostate cancer, breast cancer and some of the other things. The fact of the matter is, our healthcare today is so much better, we’re living so much longer, because of innovations in drug development, surgical procedures, stents, implantable cardiac defibrillators, neural stimulators -- they didn’t exist 10 years ago. The increase in cost is not because doctors are making a lot more money. It’s what you can get for healthcare, extending your life and curing diseases, and drugs that step in for high cholesterol and high blood pressure and everything else. Those are expensive, if anyone thinks that’s just free, we didn’t have them 20 years ago, so when people, I think, erroneously say, the increased cost of health care is more than inflation, they’re forgetting about, you’re getting a different product. Do you like the product you’re getting today or not? That’s decisions I think people have to make."

Leadership Genesee looking for local groups that need help

By Howard B. Owens

Press release:

The Leadership Genesee Class of 2012 is issuing a Request for Proposals (RFP) for local groups and organizations that are in need of assistance.

Leadership Genesee is a yearlong experiential leadership program of the Cornell Cooperative Extension of Genesee County that has been equipping community members to be well informed community stewards since 2001. With more than 250 graduates to date, alumni include many community leaders, local executives and business leaders.

Since the group is focused on improving the quality of life for the residents of Genesee County, the Class of 2012 has decided to “roll up their sleeves” and offer assistance to local not-for-profits that serve the community.

Peggy Marone, executive director of the program, feels the class has much to offer.

“We have 27 dedicated, intelligent, and involved citizens that are willing to lend their talents to help make our community a better place to live,” Marone said.

The group is seeking input from 501(c )3 agencies that need assistance with marketing efforts, business planning or other issues.

More information can be found by contacting us at LGproject2012@gmail.com.

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