Defense attorney Brian Degnan admitted in court today that he was surprised to learn less than an hour before his client was scheduled to be sentenced on a burglary charge, that the client didn't understand one of Judge Robert Noonan's questions when he entered a guilty plea July 15.

The question, one asked of every defendant about to enter a guilty plea: "Have you consumed any drugs or alcohol today?"

Ricky L. Miller said he had not, but today, Miller told Degnan that he was actually on prescribed painkillers when he entered his guilty plea and didn't understand what he was doing.

Miller was an inmate in the Genesee County Jail on July 15 and any medication he received would have been administered by jail staff.

The drugs supposedly taken by Miller on July 15 where Neurontin and Tramadol.

Degnan asked for an adjournment of the scheduled sentencing to give him time to research the veracity of his client's claim and whether the allegedly prescribed painkillers could alter his judgment.

"We should not be adjourning a sentencing every time a defendant has a change of heart," said District Attorney Lawrence Friedman.

Friedman characterized Miller's new statements as "an incredible claim that he lied under oath about being on drugs."

Degnan tried to argue that perhaps his client didn't understand the question because he only has an eighth-grade education, but Noonan wasn't buying it.

When Noonan asked if Miller had taken the prescribed medications today, Miller said he had.

"So he has enough of an education to understand what I'm asking him while on drugs today, but not when he entered his guilty plea?" Noonan asked.

He ordered a short recess so Friedman could contact the jail and get information on what drugs Miller may have consumed the day he entered his guilty plea.

About 30 minutes later, Miller's case was recalled and Friedman informed Noonan that on July 15, Miller had not yet been prescribed Neurontin, and about two weeks before the hearing, Miller's dosage of Tramadol had been reduced.

"He was taking it for knee pain," Friedman said. "I'm told it's no more powerful than Motrin tablets and it's not a controlled substance."

Noonan denied Degnan's motion for an adjournment and proceeded with sentencing.

On one count of burglary, 2nd, Miller was given five years in prison, and on one count of possession of a forged instrument, Miller was given three and a half to seven years in prison, to be served concurrently.

"Sir, you have, for a 29-year-old man, you have a horrible record," Noonan said. "You don't seem to have any respect for anybody's else's property. It's important that you be removed from society for a long period of time."

A Massachusetts man will serve two consecutive six-year prison terms for having sex with two 14-year-old girls, one of whom he originally met while she was traveling with her mother in Florida.

Raymond E. Allard, 27, who admitted to two counts of second-degree rape on July 15, told Judge Robert C. Noonan today that he wasn't the kind of person who had sex with children. While Allard has convictions in Florida for burglary and grand larceny, he's never faced sex-crime accusations before.

"I was foolish and I'm willing to face whatever penalty is coming to me for my behavior," Allard said. "I'm sorry to the girls. I'm sorry to the families. I'm sorry to the court. I'm sorry to myself."

Noonan wasn't sympathetic.

"You are a child rapist, a serial child rapist," Noonan said. "For you to stand here and say you're not that kind of person -- you are exactly that kind of person. You are the kind of person who can't be trusted to be in the presence of another child ever again and it's my job to put you away for as long as I can."

Allard was originally indicted on 64 charges of rape, 2nd, and criminal sexual act, 2nd, and agreed to a plea guilty on two counts in exchange for capping his sentence at 12-years maximum.

He'll be on probation for 10 years when he's released from prison.

Allard was indicted in May, accused of having sex with two 14-year-old girls in November and December of 2010.

According to reports at the time, Allard met the mother of one of the girls while in Florida and followed her and her daughter back to Oakfield.

"The circumstances of this case clearly indicated that Mr. Allard is a predator of young girls," Assistant District Attorney Will Zickl said. "His relationsip with one of the victims began outside of New York State as the result of a chance meeting and was continued when Mr. Allard decided to come to this area and continue his grooming of this child for his own sexual purposes."

Zickl said Allard's statements in the pre-sentence investigation further implicated Allard as depraved.

Allard allegedly described one of the victims as "sexually aggressive" and an "overwhelming sexual creature."

"This is Mr. Allard's feeble and feckless attempt to put himself in the best possible light," Zickl said. "I would submit that it puts him in an even worse light because he's blaming a 14-year-old girl for his predation on her."

The mother of one of the girls spoke and said that Allard's actions caused a lot of damage to her relationship with her daughter and they've never really talked about what happened. She said all she knew was what she read in her journals before her daughter was placed in a foster home.

"I'm very angry, very hurt and very distraught about what happened to my daughter," the woman said. "He's done a lot of damage to my family. I don't think he should ever be around children again."

Remember the wayward snake on State Street Road on Saturday? Through diligent investigative journalism, we acquired a picture of it.

The snake, believed to be a ball python, is holed up at a secret, undisclosed location (well, at least, I don't know where it is) awaiting possible recovery by its rightful owner.

The python is described as a little over 3-feet long.

The Batavia Area Jaycees' annual 5K race was Monday morning. Here are the results.

Overall Male: Collin MulCahly, 17: 17:26.

Overall Female: Melissa Domay, 36: 21:30.

AGE GROUP WINNERS:  

14 & UNDER - MALE:  
1. Campbell Anderson - 24:05 
2. Vincent DiRisio - 51:11  

14 & UNDER - FEMALE:  
1. Emma Eastridge - 26:57  

15-19 - MALE:  
1. Mitchel Ernst - 18:51  
2. Patrick Burns - 19:03  

15-19 - FEMALE:  
1. Samantha Wingate - 31:38  

20-29 - MALE:  
1. Michael Richenberg - 17:53 
2. Dave Bateman - 18:48  

20-29 - FEMALE:  
1. Christina Bak - 30:36  
2. Amy Swenson - 33:57  

30-39 - MALE:   
1. Paul Glor - 17:43  
2. Rich Boyce - 20:24  

30-39 - FEMALE:  
1. Jill Christinano - 23:57  
2. Nicole Boyce - 25:20  

40-49 - MALE:  
1.Kevin Sheehan - 18:43  
2. Jim Werven - 20:02  

40-49 - FEMALE:  
1. Lynn Auble - 21:51  
2. Carol Vanderberg - 23:56  

50-59 - MALE:  
1. David Oleary - 18:04  
2. Bill McMullen - 21:18  

50-59 - FEMALE:  
1. Janice Spiotta - 27:19  
2. Carrie Caccamise - 29:36  

60+ - MALE:  
1. Tom Dutton - 20:35  
2. Bruce Rychwalski - 25:04  

60+ - FEMALE:   
1. Mitzie Lewandewski - 28:29 
2. Debora Redding - 39:47

A 21-year-old Batavia man originally accused of rape with a possible sentence of 25 years in prison, received a seven-year sentence today on a reduced charge of sexual abuse.

Patrick J. Donahue, of 44 Williams St., Batavia, was arrested in January and accused of raping a 30-year-old woman at a residence on Walnut Street.

In July, Donahue accepted a plea reducing the charge to sexual abuse.

In court today, Judge Robert Noonan told Donahue his crime was "a slight grade below murder."

Once released, Donahue will spend 10 years on probation.

Reporting for this story provided by Geoff Redick, WBTA.

A 3-year-old Village of Le Roy girl died Saturday evening after being found unresponsive in the pool of a relative's house on Broadway Road in Alexander.

Alexander fire and Darien fire and ambulance responded to the scene at 7:09 p.m. as friends and family members performed CPR on the child.

Darien ambulance transported the girl, Andrea L. Mangefrida, to UMMC. She was then flown by Mercy Flight to Women and Children's Hospital in Buffalo.

Andrea was pronounced dead at 12:45 p.m., Sunday.

The girl's parents are Philip and Christina Mangefrida, Village of Le Roy.

The Sheriff's Office is continuing to investigate the drowning.

A 28-year-old Rochester resident was arrested for alleged DWI Sunday after her car became stuck on railroad tracks in the Town of Bergen.

The woman was returning home from the Toby Keith concert at Darien Lake and told deputies that she became stuck on the tracks after following the directions of her GPS.

Charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely was Michelle H. Wilson, of Fallstaff Road, Rochester.

Deputy Tim Wescott and Sgt. Greg Walker responded to the call of a car stuck on the tracks near Town Line Road, Bergen, at 10:50 p.m.

Whereas the orioles were easy to photograph, the bluebirds were quite timid, refusing to remain still for more than a moment or two and making photo opportunities difficult.

While the orioles nested in the woods to the north, the bluebirds -- at least two mating pairs -- nested in the small woods bordering the southern edge of our property. They made repeated forays to our mulberry tree, appearing to take a single berry and fly back into the woods. Moments later they would reappear on a dead limb of a white ash (as seen in above photo), making a brief stop before flying in for another mulberry.  

We had ample bluebird sightings in our backyard this year. While I was aware they were not around in great numbers, until now I've never realized how shy and retiring they are. Claudia and I have seen more bluebirds during the summer of 2011 than all previous years combined. Maybe it's nature's way of making up for a less than pleasant winter!

Press release:

The Batavia Police Department is investigating an incident of leaving the scene of an accident. It occurred during the early morning hours of Monday, Sept 5.

The accident was at 59 Jackson St., at the entrance to a parking lot on Jackson Street just north of Ellicott Street. A lamppost and a stop sign were struck during the incident. The lamppost was destroyed and a stop sign was broken off at the base.

Debris left at the scene indicates the vehicle involved is a blue in color Pontiac.

Persons with information regarding this incident are asked to contact the Batavia Police Dispatch at 585-345-6350 or the Batavia Police Confidential Tip Line at 585-345-6370. Persons may also report information via the Suspicious Activity Reporting link on the Batavia Police Department’s website.

UPDATE 7:52 a.m., Wednesday: The female driver has reportedly turned herself in. The investigation is continuing.

Alicia M. Lyons, 31, of 17 1/2 Central Ave., Batavia, is  charged with criminal mischief, 3rd. Lyons was allegedly observed scratching the paint of a vehicle parked off of Central Avenue. Lyons was taken into custody by Officer Marc Lawrence.

Timothy Garrick Fitzgerald, 45, of Windsor Drive, North Tonowanda, is charged with DWI, driving with a BAC of .18 or greater, failure to signal lane change and moving from lane unsafely. Fitzgerald was stopped at 9:53 p.m., Friday, in the area of 4016 W. Main St. Road, Batavia, by Deputy Joseph Graff.

Sarah White Gilmartin, 35, of Norwalk Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, dazzling headlights and no/insufficient tail lamps. Gilmartin was stopped at 2:10 a.m., Aug. 27, on Main Road, Pembroke, by Deputy James Diehl.

Russell R. Miles, 43, of 12 Lake St., Le Roy, is charged with criminal contempt. Miles was arrested following a report of a disturbance at 12 Lake St. Miles was allegedly involved in the disturbance with a person who was the subject of a stay-away court order. Miles was jailed on $1,000 bail.

Brett A. Simcick, 27, of Keeney Road, Le Roy, is charged with felony DWI. Simcick was stopped by Le Roy Police in the early morning hours Saturday for allegedly failing to stop for a stop sign on Hilltop Drive, Village of Le Roy. Simcick was jailed on $5,000 bail.

Matthew Alvin Johnson, 28, of Prestige Crossing Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and no plate lamps. Johnson was stopped at 1:46 a.m., Sunday, on Seven Springs Road, Batavia, by Deputy Patrick Reeves.

A 23-year-old woman was injured at 10:30 p.m., Saturday, when she was ejected from the back of the pickup truck she was riding in at Darien Lake State Park.

Deputy Chris Parker, who investigated the accident, said in his report that the driver, Jarrett P. Hayes, 22, of Doyle Road, Baldwinsville, was trying to take a curve at an unreasonable speed.

Hayes was cited for alleged unreasonable speed and reckless driving.

Injured was Ann M. Dale, who was transported by UMMC by private vehicle.

Six other people were in the truck. Nobody else was injured.

The Sheriff's Office reports 10 arrests and 50 citations issued in connection with the Toby Keith concert at Darien Lake Performing Arts Center on Sunday.

Raymond J. Kolas, 29, of Four Mile Run, Pittsburgh, Pa., is charged with harassment, 2nd, after allegedly striking a security guard while attempting to enter the concert venue with a false access pass. Kolas was released on $100 pre-arraignment bail to appear Oct. 11 at 5 p.m. in Darien Town Court.

Thomas E. White, 26, of Fitch Road, Ransomville, is charged with disorderly conduct after allegedly causing a disturbance in the concert grass parking lot.

Adam C. Hellwig, 26, of Olean-Portville Road, Portville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Andrew J. Whitmire, 25, of Stone Hill Road, Livonia, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Robert D. Farnham, 25, of Campbell Blvd., Lockport, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance while leaving the concert and then resisting arrest.

Ari J. W. Maio, 26, of Mulberry Street, Rochester, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Durst J. J. Buchebal , 21, of Clay Street, North East, Pa., is charged with unlawful possession of marijuana after allegedly possessing a small quantity of marijuana.

Adrianne M. Ceglia, 48, of Rapids Road, Lockport, is charged with harassment, 2nd, after allegedly pushing a security guard inside the concert venue.

Robert L. Burns, 57, of Barbadus Drive, Cheektowaga, is charged with harassment, 2nd, after allegedly pushing and attempting to punch a security guard inside the concert venue.

Joshua M. Carney, 20, of Wescott Street, Buffalo, is charged with false personation and possession with intent to consume alcohol after allegedly lying about his date of birth after being found in possession of alcohol.

The following people received citations for alleged underage drinking.

Bridget A. Kruszka, 20, of Dover Street, Lakeview
Shannon E. Yates, 19, of Garlow Road, Niagara Falls
Jamie L. Skrlin, 19, of Saunders Settlement Road, Lewiston
Jacob A. Piersc, 20, of Seneca Place, Lancaster
A 17-year-old of Meadowbrook Drive, Albion
Lucas J. Hellwig, 20, of Olean-Portville Road, Portville
A 17-year-old of Nash Road, North Tonawanda
A 17-year-old of Walmore Road, Wheatfield
A 17-year-old of Miller Road, Niagara Falls
A 17-year-old of Saunders Settlement Road, Niagara Falls
A 16-year-old of Center Pine Lane, Williamsville
A 16-year-old of Wood Acres Drive, East Amherst
Joshua M. Cohen, 18, of Valley Brook Lane, East Amherst
A 17-year-old of Driftwood Court, Williamsville
A 17-year-old of Arielle Court, Williamsville
Amira M. Sarkis, 20, of Long Pond Road, Greece
Dominique Estratti, 19, of Northwind Way, Rochester
Sean P. Federow, 19, of Marshall Road, Niagara Falls
A 17-year-old of East Rouen Drive, Cheektowaga
Cody D. Mayer, 19, of 5th Street Court, East Bradenton, Fla.
A 16-year-old of South Academy Street, Albion
A 16-year-old of Gilhooly Road, Alexander
Amanda M. Przybylski, 20, of Penora Street, Depew
Lauren M. Berner, 18, of Town Line Road, Lancaster
Karly D. Manges, 19, of Three Rod Road, Alden
A 17-year-old of David Road, Williamsville
A 17-year-old of Deveaux Street, Niagara Falls
A 16-year-old of North Military Road, Niagara Falls
A 17-year-old of Hermitage Road, Niagara Falls
A 17-year-old of Isherwood Drive, Niagara Falls
A 17-year-old of River Road, Niagara Falls
A 17-year-old of Colin Court, North Tonawanda
A 17-year-old of Switch Road, Stevensville, Ontario, Canada
Jason A. Michaud, 19, of O’Reilly Road, South Wainfleet, Ontario Canada
Brooke M. Lindsay, 20, of Birch Court, Port Colborne, Ontario, Canada
Sean A. G. Parker, 20, of Burnaby Road, Wainfleet, Ontario, Canada
Casey J. Benson, 20, of Union Street, Port Colborne, Ontario, Canada
Dylan D. Edwards, 19, of Knoll Street, Port Colborne, Ontario, Canada
Joshua R. Feith, 19, of Hwy. 3RR1, Wainfleet, Ontario, Canada
Landon S. Minor, 18, of Lakeshore Road, Wainfleet, Ontario, Canada
Sarah L. Pickersgill, 19, of Forest Avenue, Port Colborne, Ontario, Canada
Tage A. Crooks, 19, of Sherk Road, Port Colborne, Ontario, Canada
Jonathan L. Aarts, 20, of Pettit Road, Wainfleet, Ontario, Canada
Mark A. Kramer, 19, of Stanley Street, Port Colborne, Ontario, Canada
Markie L. M. Peyton, 18, of Clarence Street, Port Colborne, Ontario, Canada
A 16-year-old of Lakeshore Road, Port Colborne, Ontario, Canada
Saraya A. Madden, 18, of Shamrock Avenue, Port Colborne, Ontario, Canada
A 17-year-old of Lakeshore Road, Wainfleet, Ontario, Canada
A 17-year-old of Forks Road, Welland, Ontario, Canada

Here's a press release from The Batavian's news partner WBTA:

This week AM-1490 WBTA & WBTAi.com will air a special presentation marking the 40th anniversary of the Attica Prison Riot.

Listeners in Genesee, Orleans and Wyoming counties are invited to tune into the “Listen Live” stream, Sept. 6-9 for a news series called “Attica at 40: In Our Own Words.”

This series takes a retrospective look at the Attica Prison Riot through the eyes of WBTA correspondents who lived it in 1971. Produced and anchored by WBTA’s Geoff Redick, this 40th anniversary commemorative broadcast takes place as a special feature on Main & Center, beginning at approximately 9:07 a.m. Tuesday through Thursday.

Former WBTA personalities Rich Funke, Jim Lanigan and Frank Mangefrida recount their experiences at Attica, and in area hospitals following the tragic massacre of prisoners and hostages. The series concludes on Friday, Sept. 9 – the day the riot began – with a special appearance by former WBTA president Bill Brown, offering one of his legendary on-air editorials.

“These men had little idea on September 9th, 1971, that their lives would be forever changed in reporting this story,” said Geoff Redick, WBTA News anchor. “I urge all listeners to find time to listen on AM-1490, or at WBTAi.com, to hear these amazing stories of an American tragedy.”

Full-length interviews with Rich, Jim, Frank and Bill will all be available later at the Local News page on WBTAi.com.

A possible structure fire is reported at 111 State St.

There is smoke in the residence, which is confirmed by a police officer who responded to the alarm.

City Fire Department on scene.

UPDATE 8:20 a.m.: Firefighter: "It looks like it's a piece of clothing on top of a lamp in the bedroom." Later, "The source has been removed to the outside."

UPDATE 8:30 a.m.: City fire back in service.

View Larger Map

Apparently, traffic is moving slowly out of Darien Lake Theme Park following the Toby Keith concert.

A Sheriff's Office's sergeant checked with the deputy on the progress of one grass parking lot and the deputy responded, "They've moved one car length since I've been out here."

"Copy."

"If the rain keeps coming, they might need Noah's Ark to come get 'um," the deputy added.

UPDATE 11:27 p.m.: A Darien fire chief reports that the road is blocked at Sumner and Walker by a truck trying to pull a car out of a ditch. Law enforcement dispatched to the scene.

From kettle korn to pop music there was no end of reasons to be in Oakfield today for the annual Labor Day picnic sponsored by the Oakfield Betterment Committee.

Games, crafts, music, family fun and of course food will all be part of the festivities again Monday starting with a parade at 10 a.m.

If you have trouble viewing the slide show below, click here.

At the top of the ninth inning, the Dwyer Stadium PA announcer played a song by The Doors.

This is the end
Beautiful friend
This is the end
My only friend, the end

Of our elaborate plans, the end
Of everything that stands, the end
No safety or surprise, the end
I'll never look into your eyes...again

For the Auburn Doubledays, it could have been a sign that the Muckdog's 4-1 lead could withstand any offensive assault. It could have been a reference to the final game of the season.

Or, perhaps, a dirge for the final game of the Batavia Muckdogs. Ever.

It's too soon to say, and nobody really knows, whether there will be a 2012 campaign of professional baseball in Batavia, but at least the Muckdogs gave the faithful something to cheer about on a cloudy Sunday in September.

The Muckdogs close out 2011 with a record 37-38, good enough for fourth place in the Pickney Division of the NYPL (a storied baseball league founded in Batavia), but leaving them eight games out of first place.

Vance Albitz, scrappy shortstop who played his college ball in San Diego but went undrafted despite twice being named defensive player of the year, helped lead the Muckdogs to victory with two hits, two runs scored and an RBI.

DH Jeremy Lee Patton, another first-year player, finished out the season with a .293 average after banging out two hits.

The win went to Javier Enrique Avendano (1-2) and Danny Miranda picked up his 15th save even though he surrendered two hits and run.

Miranda was helped out by two crucial Doubleday base running blunders.

Bryce Ortega, who should have been out at second except for a throwing error by second baseman Garrett Wittels, tried to advance to third. Ortega's decision to race for third was questionable with his team down by three runs. But with third baseman Daniel Stienstra busy retrieving Wittels' errant throw, maybe worth the gamble.

Stienstra grabbed the ball and was able to flip it to Miranda, charging toward the bag, and Miranda applied a tag with Ortega still two feet from the base (though some fans on the third-base side said the tag was never made).

When Russell Moldenhauer doubled to center, Matthew Skole scored and Moldenhauer, perhaps feeling greedy, tried to stretch his double into a triple. He was, as the say, out by a mile.

And that, my friend, was the end.

If you have trouble viewing the slide show below, click here.

Throughut the summer there was no shortage of colorful songbirds around our home. The orioles were among the first arrivals, showing up when the apple tree blossomed. They busied themselves searching the small white blooms for food, flitting from branch to branch in their quest for tiny insects.

Perched at the very top of the tree, this oriole took time to preen.

Looking for bugs

Casting a wary eye

Belting out a few notes

Multiple mating pairs nested in the small woods along the northern edge of our property. Their pleasant song was often heard anytime during the daylight hours.