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Two cars collide at the roundabout

By Billie Owens

A two-vehicle accident is reported at the roundabout in Batavia. There are injuries and Mercy EMS and the Batavia Fire Department are responding. Batavia police are on scene, at South Main and Walnut streets.

UPDATE (6:45 p.m.): Personnel there say extrication is needed.

UPDATE (7:05 p.m.): The "extrication" consisted of prying back a dented door to allow the passenger inside to get out. Injuries are minor. This accident involved a minivan and a four-door sedan.

Elmira woman convicted of manslaughter in death of Batavia toddler

By Howard B. Owens

An Elmira stepmother was found guilty of manslaughter today in the death of a 21-month-old toddler from Batavia.

Melissa Engelhardt, 24, was convicted in a non-jury trial. Chemung County Judge Peter C. Buckley found Engelhardt not guilty of second-degree murder.

Andrew Cianfrini, of Batavia, died Nov. 10, while in the care of Engelhardt.

An autopsy found methanol in the child's body. Methanol lowers the temperature of water to prevent it from freezing. It can be fatal if ingested. Methanol was also found in the toddler's sippy cup.

(Read the full story from the D&C).

Truck and minivan crash at routes 63 and 19

By Billie Owens

An accident involving a minivan and a pickup truck is reported at routes 63 and 19. The truck is blocking southbound traffic.

One person is said to have a broken arm, another facial injuries.

Pavilion Fire Department and Mercy EMS are responding. An ambulance from Le Roy is also called to respond.

John Kennedy first-graders get lesson in Albany politics

By Howard B. Owens

Jessica Wassink's first-grade class at John Kennedy School got a visit from their assemblyman today.

Steve Hawley walked into the class at 2 p.m. and was eagerly greeted by the young students -- some of the boys even wore ties for the occasion.

They immediately began fielding their suggestions for legislation. Hawley talked some about what goes on in Albany and answered their questions, keeping everything in terms they could understand.

Arsonist blames conviction on police and perjury before getting 20-year sentence

By Howard B. Owens

An arsonist who tried to kill his ex-girlfriend's father will spend 20 years in prison, Judge Robert C. Noonan ruled today.

The sentencing of Andre L. Scott came near the close of a bizarre hearing in which Scott let it be known that he thought a juror in his trial behaved improperly, that his constitutional rights were violated in a previous conviction out of Monroe County, and that his ex-girlfriend perjured herself under pressure from Batavia Police detectives.

He also accused the detectives of tampering with evidence.

"Everybody in this courtroom knows what happened," Scott said. "They took my DNA and put it on there, on the evidence."

Since Scott's conviction on Aug. 31 following a jury trial, the 31-year-old former Rochester resident fired his trial attorney, Thomas Burns, and was assigned local defense attorney Fred Rarick.

Today, Scott let it be known that he plans to appeal his conviction.

A jury found that Scott attempted to kill his ex-girlfriend's father by pouring gasoline on the stairs of the man's Batavia residence at 12 Elm St. and setting it afire in February 2009. 

He was convicted of attempted murder, arson and burglary.

"The defendant started a fire in the stairwell where, if he had been successful, it could have resulted in the death of four people in that residence," District Attorney Lawrence Friedman said. "Only through the prompt response of the fire department did it become a situation where nobody was harmed.

"His continued attitude, and what he said to probation during the presentence investigation, communicates loud and clear that, unless I've missed something, I see no mitigating factors to suggest this defendant should get any less than the maximum, 25 years."

Given a chance to speak in his own defense, Scott immediately launched into a rambling complaint about wanting to file a 330 motion (a motion contesting his conviction), but the jail didn't send it over in a timely manner, the court didn't get it, and something about a juror who is related to somebody who works in corrections.

Noonan tried to get Scott back on track, at which point Scott started to complain about evidence being tampered with and asking that the evidence in his case be taken out of Batavia Police custody.

Noonan cut him off.

"One thing I've noticed about you, Mr. Scott, from the very first time you came before me, is that you focus on entirely different matters than what everybody else is focused on," Noonan said. "You make allegations that have no basis in fact and bring up issues not being discussed, and anyone -- including your own counsel -- who tries to  get you to focus (is ignored).

"When I give you every opportunity to tell me what sentence should be imposed, you go off on where evidence is stored and 'what everybody knows,' whatever that means."

After telling Scott that he "committed one of the most serious crimes in our law," Noonan pronounced sentence and then asked if the district attorney's office had any requests for orders of protection.

Friedman requested orders of protection for Scott's ex-girlfriend, her father and one of the witnesses in the case.

"Any objections?" Noonan asked in what is normally a very routine matter at criminal sentencing.

"No, your honor," said Rarick.

"Yes," said Scott loudly, going on to say that his ex-girlfriend had spoken with his mother after she testified and said that police had threatened her if she didn't lie on the witness stand.

After some consultation with his client, Rarick offered up Scott's objection.

Noonan ruled that, if in the circumstance that Scott winds up representing himself and needs to interview her, the order can be modified, otherwise he was issuing the order of protection.

A federal forgery charge filed against Batavia woman

By Howard B. Owens

A 55-year-old Batavia woman is accused of forging her boss's signature on company checks and depositing the funds in her personal bank account.

Deborah Dutton faces a federal charge of making and possessing forged checks. The maximum penalty is 10 years in prison or a $250,000 fine or both.

Dutton is accused of stealing in the neighborhood of $77,000 from her employer, A1 Sheet Metal Company.

The arrest is the result of an investigation by Special Agents of the U.S. Secret Service, under the direction of Special Agent-In-Charge Tracy Gast.

Marchese Brothers Attain Listing Among Adirondack 46'ers

By JIM NIGRO

Biking, canoeing, kayaking, cross-country skiing and mountaineering. To one extent or another, all the Marchese brothers -- Dave, Tom, Russ and Bob -- partook of these activities. It was 1995, after brother Dave invited his three siblings on a backpacking trip, when they first had a go at hiking up a mountain. 

"We hiked into Johns Brook Valley and camped at Bushnell Falls," said Bob Marchese. "The next day we climbed Mount Haystack in the rain and fog. At times you couldn't see your hand in front of your face. Mt. Haystack (elev. 4960 ft.) was the first high peak for Russ, Tom and me."

Left to right are Tom, Bob, Russ and Dave.

Despite the weather on their first climb back in 1995, the Marchese brothers began frequenting the high peaks when time permitted.

"Nearly 10 years passed before it entered our minds to climb the "trailess" peaks," said Bob, "and go for the '46.'"

Bob informed me there are basically two types of trails on the "46er" mountains -- those maintained with marked trails and those that are "trailess." The latter term at times implies nothing less than a pure bushwhack. The above photo shows the group preparing to scale a cleft in the rocky mountainside.

This photo was taken while descending Whiteface Mountain In the center of the pic and off in the distance is Mount Esther. Weeks later, upon reaching the summit of Esther, the Marchese brothers would have fulfilled their quest, thereby attaining membership in the AKD 46er's. 

Fifteen years after climbing Mt. Haystack, Dave, Tom, Russ and Bob Marchese stand atop Mt. Esther......46er's at last.

"It was a combination of jubilation and relief," said Bob. At their feet, atop Mt. Esther, is a plaque set in the rock by the Adirondack forty-sixers. In a bit of irony, just before the above and below photos were taken, friend and frequent hiking companion Eric Wohlers called their attention to the time -- the Marchese brothers had become 46er's at exactly 4:46 pm.

The plaque was set in place in honor of Esther McComb who in 1839, at the age of 15,  attempted to climb Whiteface Mountain from the north. In the process she became lost and thus made the first recorded ascent of the mountain so named for her.  

   

That's Eric Wohlers behind the Marchese brothers. Though he had climbed Mt. Esther a month earlier, he joined his friends for their celebratory climb.  

Bob Marchese, pictured above, has climbed many a high peak with his own family. Said Bob,  "My wife, Terri, and I climbed some peaks with our kids when they were little. When they were 2 and 3 years old we put them in kiddie carriers, backpacks made to carry small children. Today my daughter Olivia wants to be a "46er."  

Bob with Olivia. An aspiring 46er, Olivia accompanied her dad on numerous high peak climbs this summer.

Only 13 years old, and already an even dozen high peaks to her credit, Olivia seems certain to keep the family tradition alive -- not only sharing in the common bond of those who have climbed the Adirondack high peaks, but helping promote safe hiking and the preservation of the wilderness for future generations. And to Bob, Russ, Tom and Dave...congratulations!

Campaign mailer upsets officials in Pembroke Fire District

By Howard B. Owens

The Pembroke Fire District is accusing a Democratic candidate for State Senate of misappropriating its logo and inaccurately implying that the district has endorsed his candidacy.

"We question the integrity of any candidate who would run an ad using our likeness and that is written in such a way that it could be falsely construed as an endorsement for his candidacy," District Chief Ed Mileham Jr., said in a statement.

When reached by phone, the candidate, Marc Coppola, running in the 61st Senate District against Republican incumbent Mike Ranzenhofer, apologized repeatedly for the perception that his mailer implied an endorsement.

"I do apologize if that's the way they took it," Coppola said. "I didn't word it that way. I realize they are a not-for-profit. I'm experienced enough to know they could lose their not-for-profit status if they endorse candidates. I would never put them in that position. I would never even ask for an endorsement."

Mileham said he and other district leaders are upset over Coppola's mailer that started hitting Genesee County mailboxes yesterday.

On one side is a picture of Coppola with local residents Randy and Lori Dibble and a statement of support from the Dibbles. The other side has a picture of Coppola with volunteer firefighter and County Democratic Committee member Aaron Blake. Blake is endorsing Coppola.

To view the mailer for yourself: Front / Back.

The caption under the picture reads, "Marc and Firefighter Aaron Blake at Indian Falls Fire House truck dedication in honor of Harry Dibble & Gary Byerly."

"We are disturbed that Mr. Coppola would use the solemn event of the dedication of a truck to deceased department members as a political ad," Mileham said in his statement. "The ad shockingly refers to the deceased members we were honoring and shows the plaque dedicated to them. The candidate was in no way involved with the dedication and appears to have used this event as a crass attempt to obtain votes."

Coppola said he was invited to the dedication by Randy and Lori Dibble and brought no campaign literature with him nor wore any buttons or shirts identifying himself as a political candidate. He said Lori Dibble took the picture using her cell phone camera and when he was putting together the mailer, he realized it was the best picture he had of himself in Genesee County, and that it was the only good picture he had of himself with Blake.

"I didn't mean to imply an endorsement," Coppola said. "It was just a nice picture."

He said he included the caption information because he thought the picture would look out of place without an explanation, and he said Blake suggested that if he left out the name of Gary Byerly that some people, especially his family members, might be offended.

Halloween display catches fire at Boces

By Billie Owens

A mechanical Halloween display at Boces malfunctioned and caught fire about 15 minutes ago. People at the school, located at 8250 State St. Road in Batavia, put the fire out. A fire engine from the City of Batavia was called in, nonemergency mode, to check out the situation and ensure all is safe.

Police Beat: Duo accused of using abusive and obscene language in public

By Howard B. Owens

Latifa Aminya Abdullah-Muhammad, 19, of Tibbets Road, Medina, and Merle Franklin Agee, 19, of Ontario Avenue, Niagara Falls, are charged with disorderly conduct. Abdullah-Muhammad and Agee were reportedly at 8204 Park Road, Batavia, at 7:54 p.m., Sunday, where they allegedly used abusive and obscene language while in a public place.

Porfirio Diaz Gomez, 35, of Merriman Road, Byron, has been charged with illegal entry. Gomez was taken into custody at 5:15 a.m., Sunday by Deputy Frank Bordonaro and turned over the the U.S. Border Patrol.

Tree down on Knowlsville Road, Alabama

By Howard B. Owens

A tree and wires are down on Knowlsville Road just south of Lewiston Road in the Town of Alabama.

The tree is completely blocking the road.

Alabama Fire is being dispatched.

UPDATE 8:22 a.m.: Town highway workers are on scene. The line down is cable, not electrical. The road should be cleared shortly.


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Accident with injuries reported on Bank Street Road

By Howard B. Owens

A motor-vehicle accident with injuries has been reported at State Street Roads and South Bennett Heights Road, Batavia.

Town of Batavia Fire and Mercy EMS are responding.

First responder reports one car is in a corn field, the other is on the road.


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After decades of setting the pace for City Court, chief clerk retires

By Howard B. Owens

More than 100 members of the local legal and law enforcement community were at Bohn's tonight to pay tribute to Linda Giambrone, who is retiring after 39 years of service as a clerk at City Court.

Giambrone started her career in 1971 and became chief clerk in 1976.

Speakers praised Giambrone for her knowledge of the court system, her memory for repeat offenders and her kindness toward all the people she came in contact with.

Above, judges Michael Del Plato, left, and Robert Balbick present her with a certificate of appreciation.

UMMC sets cornerstone on new surgical wing

By Howard B. Owens

Officials were on hand today at the new surgical wing of United Memorial Medical Center for the setting of the cornerstone.

Above, masons Ken Maurer, left,  and Jeff Crevier, set the cornerstone into place.

The expansion project represents a $19.5 million investment by the hospital. It will contain five new technologically advanced operating suites, a treatment room and 19 recovery beds. The project is scheduled to be finished by Dec. 15.

After the brief ceremony, guests were invited to tour the still-under-construction facility.

More pictures after the jump:

CEO Mark Schoell addresses the group on hand for the cornerstone setting.

Schnoell with Rev. Ken Comer watching Maure and Crevier place the cornerstone.

Brian and Michelle Trott are to the left in this picture with their children Brandon and Ashley. Michelle is the architect for the UMMC expansion. She was born at UMMC and her parents still reside in Bethany. Brian is the architect for Pembroke Central Schools.

Schoell called this "the big room." It's the biggest of the surgery suites.

Big rig on Thruway strikes deer, brakes catch fire

By Howard B. Owens

A tractor-trailer on the Thruway reportedly struck a deer and its brakes caught on fire.

The driver tried to extinguish the fire, but could not.

Le Roy Fire is being dispatched.

The truck is parked about 100 yards from the toll booth.

UPDATE 11:15 p.m.: Le Roy Fire went back in service about five minutes ago.

Le Roy man accused of making video of developmentally disabled man in bath tub

By Howard B. Owens

A 44-year-old Le Roy man is accused of video recording a naked developmentally disabled man while the group home resident was in a bathtub.

David C. Ewell was arraigned in Nunda Village Court on charges of second-degree unlawful surveillance, dissemination of an unlawful surveillance image, and endangering the welfare of an incompetent or physically disabled person. 

Ewell was jailed on $25,000 bail or $50,000 bond. He's an employee of the New York State Developmental Disabilities Services Office, and works at the Walnut Intermediate Care Facility in Nunda.

Ewell is accused of using his cell phone, recording the man and then disseminating the 30-second recording to another person.

(Source: Democrat & Chronicle)

Elba teen bags 10-point buck

By Gretel Kauffman

Early Saturday morning, Alexis Aratari surprised herself by killing her first buck -- and then surprised herself further when she discovered that it was a 10-point deer.

"It was really shocking," she says. "My heart was going about a mile a minute."

The feat, which is impressive for anyone of any age, was even more incredible in Alexis's case due to the fact that she has only been hunting for two years.

"It's really rare to have girl hunters, especially teenagers, get that big of a buck," the 16-year-old explains. "So it was really lucky that my first buck was a 10-pointer. It was beginner's luck."

Alexis, who goes out hunting every day during the season, says that she spotted the buck at around 8:30 Saturday morning. When she shot at it with her bow, it dropped right away. Her father, Mike Aratari, who was in a tree on the other side of the field, had seen the buck earlier and hoped that she would get it.

"We both thought it was just a six- or eight-pointer," Alexis said. "When he heard the shot, he yelled for me to stay up in the tree and he looked at it and told me it was a 10-pointer. I couldn't believe it."

"Now he says he has to try to top it," she laughs. "He's been hunting for 20 years, and he's only gotten two 10-pointers."

Hunting is clearly in Alexis's blood. Along with her father, her uncle and aunt also enjoy the pastime.

"All my family is really proud," she says. "We sent them all pictures, and my uncle in Florida has been telling everyone about it."

So what exactly will become of the massive buck?

"We're sending it to get mounted, and we're going to put it up on the wall next to my dad's 10-pointer," she says with a grin.

Head injury reported following accident outside Target

By Howard B. Owens

An accident has been reported in the Target parking lot, between the store and the AT&T Store.

One person is complaining of a head injury.

Mercy EMS and Town of Batavia Fire are responding.

UPDATE 4:11 p.m.: A fire crew is standing by at headquarters. A chief reports, "the fire department isn't needed here." The first responding Mercy ambulance said the second ambulance could go back in service.  Also, the fire chief on scene has requested that law enforcement respond.

Neptune's Garden celebrates 25 years in business

By Howard B. Owens

When Nick LaFarnara was a kid, his father opened a pet store in Batavia and Nick worked there from the time he was 5 years old.

He loved it.

But when Anthony LaFarnara was injured in a work-related accident at Doehler-Jarvis, the family had to close the pet store.

But young Nick never forgot.

"That was it," said LaFarnara. "I just couldn't get it out of my system."

In October 1985, LaFarnara and his ex-wife, reopened the store at a location on Ellicott Street. Although LaFarnara would later remarry and move the store to its current location at 33 Liberty St., Batavia, it is still going.

Neptune's Garden specializes in fish -- lots of fish, exotic and freshwater and saltwater and just plain old guppies and goldfish. It's also a favorite place for birds and reptiles.

Occasionally, they have kittens or puppies available for adoption and they also make a bulletin board available for anybody who has a pet to give away.

"Even though we don't make any money on it, it's better than seeing a pet killed," said Kathy LaFarnara, Nick's wife of about 10 years.

Kathy met Nick when she was a legal secretary for an attorney handling Nick's divorce. He told her he owned a pet store.

"I thought, 'big whoop,'" Kathy said. "I'm allergic to everything in your store."

As somebody who grew up never owning pets, she soon fell in love with having animals around.

"They run up to the door to greet you, they sleep in your bed, they just love you, and I realized, 'this is great,'" Kathy said. "I take a lot of medicine to work here."

Kathy mostly handles the birds, the reptiles, the grooming and the saltwater fish. Nick takes care of ordering, the freshwater fish and pretty much everything else.

Besides selling pets, the LaFarnaras give tours to local schoolchildren and bring pets into schools so they can learn about different kinds of animals.

"We tell them what it's like to own a business, take care of the pets and never get to take a vacation," Kathy said.

Top Items on Batavia's List

Gas stove, dryer, queen bed and boxspring, books, bikes, legos, mens and womens clothing and much more. Cash and Venmo accepted. May 24-26 8am-? 5050 Batavia Elba Townline rd Batavia 14020
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