A second autopsy to try and determine when and how a baby died has been ordered for the infant found in the Liberty Street apartment of 28 years old (name redacted upon request).

xxx was arrested in late August on a charge of second-degree murder.

The first autopsy was unable to establish with scientific certainty whether the baby was born alive, so xxxx, who had been held without bail, was released from jail. 

Judge Robert C. Noonan signed the order.

The next scheduled court appearance for xxxx, who is still facing a murder charge, is Thursday.

(via The Batavian's news partner, WBTA)

Previously:

• Liberty Street resident accused of murdering infant
• Hearing for murder suspect moved to Thursday
• Authorities can't prove live birth, so mother charged with murder released from jail
• No information forthcoming on why arrest made on murder charge before ME's report
• Candlelight vigil in Austin Park memorializes infant whose cause of death is undetermined

Kerri Lynn Forsberg, 43, of Fargo Road, Stafford, is charged with assault, 2nd. Forsberg was arrested on a warrant after she called 9-1-1 to report a disturbance. She was jailed on $100,000 bail.

Kristen M. Reilly, 18, of Bethany, is charged with driving while impaired by drugs. Reilly is accused of driving under the influence of marijuana. Reilly was arrested by State Police following a report of a one-vehicle accident on Mengs Road, Attica. Reilly allegedly suffered a knee injury and was transported to Wyoming County Community Hospital where a drug enforcement officer conducted an interview. She was also charged with failure to keep right and speed not reasonable and prudent.

Xavier Melendez, 28, of Reading, Pa., was arrested as a fugitive after being stopped by State Police on Route 63, Pavilion, for allegedly speeding. Melendez was allegedly wanted in Reading for escape after allegedly fleeing from police officers during a traffic stop. He was jailed in Genesee County on $1,000 bail and extradition will be arranged.

A 17-year-old of Batavia is charged with criminal possession of stolen property. The youth was observed on surveillance video leaving a room at Batavia High School with an allegedly stolen laptop and power cable and was arrested by State Police. The laptop was returned to the school. The youth was also arrested by Batavia PD and charged with petit larceny.

Luis Alberto Sauceda, 35, of South Wayne Street, Phelps, is charged with confinement of companion animal in a vehicle. Sauceda allegedly left a Chihuahua puppy in a vehicle on Labor Day while his family was inside Darien Lake Theme Park. Deputies were alerted by Darien Lake security staff. Deputies Chris Parker and Andrew Hale responded, provided the puppy with appropriate care and the dog was then transported to the Genesee County Animal Shelter.

Beau Thomas Bressler, 28, of Big Treet Road, Pavilion, is charged with felony DWI (two prior convictions in previous 10 years), felony driving with a BAC of .08 or greater, speeding, failure to keep right, unlicensed operation. Bressler was stopped on Route 20, Bethany, at 10:37 p.m. Saturday by Deputy Matthew Fleming. Bressler was jailed on $5,000 bail.

William H. Swader, 66, of Cedar Street, Akron, is charged with harassment, 2nd. Swader was allegedly involved in a road rage incident at 3:45 p.m. Friday on West Main Street, Batavia.

A 17-year-old resident of Walnut Street, Batavia, (name redacted by Batavia PD) is charged with trespass. The youth allegedly went onto a property posted with no trespressing signs and went onto the front and back porches and looked through the windows at the side of the residence.

Ashley A. Goodenow, 24, of Bank Street, Batavia, is charged with petit larceny. Goodenow allegedly stole $50 from her employer.

Lori A. Brightenfield, 55, of Maple Street, Batavia, is charged with criminal trespass, 2nd. Brightenfield allegedly entered the residence of her ex-boyfriend on Thorpe Street without permission and remained after being advised to leave. Brightenfield was released under supervision of Genesee Justice.

Eugene L. Sumeriski, 36, of Olyn Avenue, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and disobeying traffic control device. Sumeriski was stopped at 1:34 a.m. Saturday on West Main Street, Batavia, by Office Darryle Streeter after allegedly being observed driving at a high rate of speed.

Tiffany Ann Reed, 21, of State Street, Batavia, is charged with criminal contempt, 2nd. Reed allegedly violated a stay away order of protection She was jailed on $5,000 bail.

Tammy L. Plesczynski, 38, of East Main Street, Batavia, is charged with petit larceny. Plesczynski was arrested on a warrant by parole officers and turned over to Batavia PD. He was jailed without bail.

Joshua S. Martaus, 32, no permanent address, Batavia, is charged with petit larceny and resisting arrest. Martaus is accused of shoplifting from Tops and trying to steal $64.29 in merchandise. Martaus was located by Deputy Chris Parker and Officer Frank Klimjack at a local restaurant and allegedly resisted arrest. He was jailed on $1,000 bail.

Austin C. Durham, 20, of Oak Street, Batavia, is charged with petit larceny and conspiracy, 6th. Durham is accused of assisting another person in stealing 30 packs of beer from Tops.

Elijah J. Richardson, 18, of Maple Street, Batavia, is charged with owning an unlicensed dog. Richardson was allegedly found walking an unlicensed dog on MacArthur Drive.

Misty Dawn Brabon, 35, of Marshall Road, Lyndonville, is charged with petit larceny. Barbon allegedly stole $168.28 in merchandise from Walmart.

Amanda Rose McDonald, 33, of Pearl Street, Batavia, is charged with petit larceny. McDonald is accused of stealing $88.44 in merchandise from Walmart.

A 16-year-old resident of West Main Street Road, Batavia, is charged with harassment, 2nd. The youth allegedly threatened a woman.

Veronica Mabel Blackwood, 26, of Sterling Place, Brooklyn, is charged with petit larceny. Blackwood allegedly stole $25.09 in merchandise from Walmart.

Lauren S. Murphy, 19, of West Buffalo Street, Warsaw, is charged with unlawful possession of alcohol under age 21. Murphy was charged following an investigation into a motor-vehicle accident at 4:25 a.m. Sept. 13 on Vernon Avenue, Batavia.

A 17-year-old resident of Batavia (name redacted by Batavia PD) was arrested on a warrant for alleged failure to appear in City Court. He was jailed on $5,000 bail or $10,000 bond.

Nathaniel L. Beglinger, 24, of Peaviner Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater. Beglinger was allegedly involved in a one-car property damage accident at 2:20 a.m. Sept. 13 on Vernon Avenue, Batavia. The accident was investigated by Officer Felicia DeGroot.

Jennifer Lyn Stack, 29, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing the beverage Red Bull from a local store.

It's been just over a week since Rocky joined our family and during the week I've been asked several times how he's doing.

He's doing great. He's fit in well.

He and Pachuco are getting along fine. As for the cats, they've gotten used to him. If they challenge him, he backs down. If they run, he gives chase, and a sharp "no" usually ends the chase.

He's a ball of energy at times. He's loving and loves to be a companion. 

When we got him, his only apparent discipline training was "sit." I almost have him doing "down" pretty well now. He's walking on leash 100-percent better, at my side with no tugging.

In other words, he's displayed no apparent behavioral problems.  

One thing I forgot to mention in our post about adopting Rocky is a big thank you to the volunteers with Volunteers for Animals and the staff at the Animal Shelter. They obviously did a great job caring for Rocky and they were so, so helpful during our adoption process, full of information and useful advice.  

Previously:

• Rocky has a new home -- ours
• Owner of scalded dog surrenders ownership during court appearance
• Dog burned by hot water in good spirits at Animal Shelter
• Batavia couple jailed without bail after young pit bull scalded with water

The Kiwanis Club of Pembroke/Corfu/Darien hosted its annual classic car show at Pembroke Town Park today.

An accident with injuries is reported on Lewiston Road, just north of Galloway Road. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:59 p.m.: The driver of a pickup truck clipped a driveway sealing truck, causing the pickup truck to lose a side mirror. The driver of the pickup truck, after stopping, may have suffered a fainting spell and he is being evaluated by Mercy medics. He was not injured in the accident, however.

The Kiwanis Club of Batavia hosted its fifth annual Bidding on a Brighter Future Gala last night at the Genesee Community College Forum, with David Bellavia (top photo) serving as emcee.

Information is not yet available on how much was raised and whether that amount helped the club achieve its five-year goal of raising $150,000 for the Child Advocacy Center/Justice for Children.

The organizing committee, Jocelyn Sikorski, Anne Bezon, Jeanne Walton, Susan Maha, Gary Maha and Shannon Ford. Not pictured, Lawrence Friedman.

Photos by David Boyce.

Genesee Region Division Notre Dame traveled to Elba Saturday afternoon to battle division rivals the Elba/Byron Bergen Lancers. The rain held off for a warm and windy conference game in which both teams ran 43 plays. The difference in the final score of 29 to 8 was in the rushing. Notre Dame rushed for all of their TDs for a total of 273 yards vs. a game total of 33 rushing yards for the Lancers. After a closely contended, scoreless first quarter Notre Dame was in position to score at the very beginning of the second quarter.

Above, #32 Jack Sutherland’s final effort of a six-yard run is ruled a touchdown by the officials.

The Lancers battled back with an impressive drive ending in a #12 Hochmuth pass to #5 Flores for a 36-yard gain and TD. Followed up by a two-point conversion run by #42 Stevens.

The Lancers led the game for only a few minutes because Notre Dames answered with another TD run by Sutherland and two-point conversion pass from #10 Connor to Sutherland. And so the game progressed with Notre Dame in control through a scoreless third quarter. Notre Dame added 14 unanswered points in the fourth quarter. Sutherland would see the end zone one more time as would #42 Peter Daversa with an 11-yard run.

A couple of late turnovers kept the game interesting and the Lancers always seemed poised to come back but failed to capitalize on a few key plays.

More picture of the players and game are here: http://jimburns.org/p254710282#h587e117d

A possible electrical fire is reported inside a house at 6890 Ellicott Street Road. The caller told a dispatcher "her dryer blew up." Pavilion Fire Department is reponding along with mutual aid from Le Roy. The location is between River Road and Woodrow Drive.

UPDATE 8:30 p.m.: Pavilion command reports a code enforcement officer is on scene and that the occupants are going to remain on the premises until help arrives from the American Red Cross.

Reader Kyle Couchman sent us this "composite" photo he took of a rainbow in Batavia this morning between 8 and 8:30. He says it's unusual because it preceded the rain instead of vice-versa.

Le Roy improved its season to 3-0 with a 40-6 win over Wayland-Cohocton.

Josh Laurie led the offense with nine carries for 100 yards and three TDs, plus he was seven for 11 passing for 120 yards and two TDs.

Nick Egeling had 58 yards on 13 carries and he scored a touchdown. Reed Kacur and Jason Doemling each had TD receptions.

On defense, Kacur, seven tackles, Laurie, seven, Egeling, five, Nate Montoya, five, and Gaven Cassidy, five.

Also on Friday night, Attica beat Alexander 20-13 and there's no score available for York/Pavilion against Bolivar-Richburg.

Photos by David Boyce.

The game wasn't pretty, the play wasn't perfect, but Batavia High School showed a good Class A team what it's made of, what Batavia football has always been about, Head Coach Brennan Briggs told his players after the game. 

Grit. Determination. Never surrender. 

The Blue Devils played their hearts out, never giving in even after the Wilson Wildcats overcame a two-TD deficit in the first half to tie the game and threaten to take it over.

The final score was 34-28, and the game was just that close.

"It's a big win for them," Briggs said after the game. "I preached all week we were going to play a good Class A team. It was going to be a close football game and we're going to see what we're made of, and I think we showed, we're a pretty good football team, but we still have a lot to work on."

Coming into the season, with Blue Devils, returning Section V champs for Class B, were ranked #1 in a Section V coaches poll, but Briggs downplays the chatter about his team as a lot of hype.  He doesn't buy into it and he doesn't want his players getting caught up in it either.

"I absolutely hate the hype," Briggs said. "I just like us worrying about Batavia football, getting better every single week. If we put together a great football game, and we play our A game, I think we can definitely make a run, but with that said, any given moment, there's injuries and bad breaks and bad bounces and if we don't play a perfect game anybody can knock us out on any night."

A lot of the credit for Friday's win goes to the defense.  Face with a lot of short field challenges, the defense usually held together.  Briggs said the team has instituted a special red zone unit and that's been a key to Batavia getting tougher when their backs are against the goal line

"A lot of teams think, ah, they're within the five-yard line, the other team is going to score," Briggs said. "Our guys take pride in that unit. It's a special unit. They take pride in not letting the opponent get in the endzone."

Wilson benefitted from some turnovers and some questionable penalties, but the Blue Devils never gave in even as the favorable breaks helped Wilson keep the score tight.

"I was confident all night, the way our defense was playing that we could get the stops as long as we were ahead of them," Briggs said.

Senior QB Greg Mruczek was 14 of 27 for 228 yards and five TDs.  Ryan Hogan had four receiptions for 102 yards and two TDs. Trevor Sherwood caught six passes for 64 yards and a TD.  Anthony Gallo, four receptions, 70 yards and two TDs. Dom Mogavero, 12 tackles. Danny Williams, 11 tackles and a forced fumble, Ray Leach, seven tackles. Adonis Davis six tackles and an interception. Clayton Gorski, six tackles, including a sack.

Batavia is now 3-0 to start the season. Wilson falls to 2-1.  Next up for Batavia, Edison Tech at home. Game time, 7:30 p.m. on Friday.

To purchase prints of photos, click here.

A person suffered a head injury after falling off a bicycle at 7276 Maple Road, Alabama. Alabama Fire Department and Mercy medics are responding.

UPDATE 12:12 a.m.: Alabama back in service. No word on injuries or transport at this time.

Oakfield-Alabama came out quickly scoring 14 points in the first quarter of their big 42-27 win over Pembroke. There was a lot of back and forth scoring in the second half, but Pembroke couldn't catch the strong OA team.

City firefighters are called to Monclair and Olyn avenues to investigate a report of smoke in the area.

A car crashed into a tree and the driver is "not completely alert" at Wilkinson and Lear roads. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 12:49 a.m.: Corfu Fire Department is called to assist East Pembroke. The driver is trapped inside the vehicle.

UPDATE 1:04 a.m.: Mercy Flight is hovering over the crash site, seeking an appropriate place to land. They are checking a field on Lear Road just south of the scene.

UPDATE 1:06 p.m.: Sheriff's deputies are on scene.

UPDATE 1:30 a.m.: Mercy Flight is airborne and headed to ECMC.

UPDATE 1:39 a.m.: The female driver left the roadway for an unknown reason and hit a tree. She was extricated and taken ECMC via Mercy Flight primarily for precautionary reasons, said Sgt. Eric K. Seppala. The cause of the accident is under investigation.

UPDATE 8 a.m.: The driver is identified as Jennifer D. Bisig, 38, of Hopkins Road, Batavia. She is listed in serious condition at ECMC. Investigators have yet to determine why her 2002 Saturn Vue left the roadway. The investigation is ongoing and charges are pending.

A two-car accident is reported by the parking lot at Batavia Downs, 8315 Park Road. Town of Batavia Fire Department and Mercy medics are responding. Law enforcement is on scene. An 8-month-old infant is said to have a head injury and a 7-year-old has a hand injury.

A two-car accident is reported at 110 Oak St. A person is said to have back injury. City fire and Mercy medics are responding.

Super deal on this cute City home. Owner super willing to negotiate -- don't let this one go by without looking!!! Solid and nicely kept city home in central location and ready to move in! This home has been upgraded and freshly painted throughout, with more room than it appears from the road! Good size rooms and a walk up finished attic that adds a whole lot more room for storage or play! Large back enclosed porch for nice nights and a place to kick off your shoes. Come check this one out -- easy to see!!

Sheriff's deputies and Batavia PD State troopers are in the area of Office Max on Veterans Memorial Drive and the Batavia Downs parking lot on Park Road looking for a possible criminal suspect, perhaps for shoplifting at a nearby store.

One subject is apparently in custody and the second suspect may have been spotted, but not yet apprehended.

The only description we have at present is that he was wearing a white shirt that was tucked in and he untucked it when he started running.

UPDATE 3:30 p.m.: The suspect reportedly attempted to leave a store with about $930 in merchandise.

UPDATE 3:22 p.m. (By Billie): The shoplifting suspect being pursued by law enforcement is believed to have crawled inside a drain pipe by Kohl's department store on Veterans Memorial Drive. They have called the Town of Batavia Fire Department to the scene the help apprehend the man. He is described as white, wearing a black short-sleeved, V-neck shirt, having on sunglasses, dress slacks and black sneakers. He is said to have both arms heavily inked with nearly complete tattoo "sleeves."

UPDATE 4:05 p.m.: The suspect is believed to have stolen goods from Kmart.

Photos by Howard Owens.

UPDATE 4:23 p.m.: The suspect is in a drain pipe tunnel. Here responders are trying to communicate with him from a manhole in the parking lot. They are yelling down to him. If he's still down there, he's not responding.

UPDATE 6:17 p.m.(By Howard): At the time I left the scene, 45 minutes ago, the subject still hadn't been located. We have no update since. Here are more photos. We'll provide updates as new information becomes available, but we won't have anybody at the scene for the rest of the incident.

UPDATE 6:30 p.m. (By Billie): Mercy medics are called to stand by at the scene per law enforcement.

UPDATE 8:13 p.m.: The suspected thief is in custody and at the time of his arrest suffered from mild hypothermia. The assignment is back in service.

UPDATE 8:35 p.m.: Here's a statement from Sheriff Gary Maha issued in response to a query from Howard at 8:24 p.m.: "Two deputies went down into the drain pipe and found the guy. They pulled him out and he was unresponsive at first. He would have died down there. Taken to UMMC. A press release is being prepared by the Sergeant."

UPDATE: Video shot by Dan Fischer, WBTA ((NOTE: we replaced the original version of the video we posted with a new version from WBTA))

The suspect is identified as Wayne L. Rinker, 30, of Shadowwood Lane, Webster. He's facing larceny and conspiracy charges. He was taken to UMMC by Mercy EMS. The deputies who crawled through the storm drains to locate him were Chad Cummings and Michael Lute. They located him barely conscious. The deputies secured a rope to him and he was brought to the other end of the pipe, about 100 feet away, where Deputy Rich Schildwaster and Sgt. Thomas Sanfratello were located. He was pushed and pulled to an opening where he was lifted out. Assisting the Sheriff's Office at the scene were NY State Police, Batavia PD, COR Plaza security personnel, Town of Batavia Water Department, and Greg Post of General Services (providing the sewer camera).