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Light pole reported down at Ellicott and Court, Batavia

By Howard B. Owens

A light pole is reportedly down at Ellicott and Court streets, Downtown Batavia.

UPDATE 3:27 p.m.: It looks like age and wind did this pole in. City crews are on scene getting it removed.

One minor injury reported in accident on Saturday

By Howard B. Owens

One person suffered minor injuries in an accident Saturday at the intersection of Park Road and Veterans Memorial Drive.

The apparent cause of the accident was one driver pulling out from a stop sign who did not see the other car approaching.

Aaron N. Holley, 16, a passenger in the second vehicle, was transported to UMMC for a report of pain.

The driver of the first vehicle, D.C. Chamberlain, 16, of Route 20A, Perry, was cited for alleged failure to yield.

The driver of the second vehicle was Allen Peters, 31, of Durham Street, Rochester.

Holley was the only reported injury.

The accident occurred at 7:32 p.m.

(initial report)

Photo: 400 Towers residents

By Howard B. Owens

This fine group of people are residents at 400 Towers. They came out today for a little lunchtime talk about The Batavian. They asked a few questions and talked about how they get their news. Bea McManis, in the back row with The Batavian sweatshirt on, organized the event and said very nice things about the site, its news and its readers.

Power outage, pole arcing in the city

By Billie Owens

It is reported that traffic lights are out on Vine, Summit and Ross at the Main Street intersection. Power is also out in that area.

A utility pole is also arcing, but is not a hazard, at Summit and Washington.

National Grid has been notified.

UPDATE 11:42 a.m.: National Grid reports 274 customers on the north and south sides of Main Street are without power.

Two-car accident at Main and Jackson, Batavia

By Howard B. Owens

There was a two-car accident at the corner of Main and Jackson, Batavia, this morning.

One person was taken to UMMC, as a precaution, with a complaint of chest pain.

Chris Charvella Case: Putting a comment in context

By Howard B. Owens

Since the Batavia Daily News is not likely to run this correction themselves, we'll run it for them.

In the Daily's story about Chris Charvella's arrest, there is this paragraph:

"Charvella responded with an additional blog, according to state police. It included the comment 'I'm going to travel around the district and puncture Republican tires.'"

There are multiple problems with this one short paragraph.

First, the context is though Charvella is responding to events in November. But the quote above is from June 2. It was not a response to anything regarding election signs in November.

Second, it is not "an additional blog." A blog is a website with multiple entries on it. A blog post is an item posted on a blog. People can comment on blog posts. These are called comments.

In this case, Chris left a comment on a blog post. And there was nothing "additional" about it in context of current events. The comment had nothing to do with the sign issue and was not directed at Jay Grasso.

Third, the comment did not appear on Charvella's personal blog, as the story would lead you to believe. It was posted on The Batavian (something, of course, the Daily could never admit).

Fourth, it's completely out of context. Here's what Chris wrote:

Charlie, I'm going to do what any political hack worth their salt would do. Starting at midnight on November 2nd, I'm going to travel around the district and puncture Republican tires :)

Note, the emoticon at the end -- a clear signal, it's a joke, but the emoticon was not included in the Daily's quote.

UPDATE: As of 10:08 a.m., without acknowledging the error or putting the comment in context, the Daily has removed the paragraph from its story completely. It's possible, considering the timing, it may still appear in the print story.

For our previous coverage:

School bus disabled on Main Street, Batavia

By Howard B. Owens

There is a disabled school bus partially blocking traffic in a westbound lane of Main Street near Oak Street.

Police are on scene and a tow truck is on its way.

Student pilot apparently forgot to put down landing gear

By Howard B. Owens

A student pilot apparently forgot to put down the landing gear on his plane today leading to an unintentional crash landing at the Genesee County Airport this afternoon.

While the crash, reported at 12:17 p.m., caused an estimated $40,000 damage to a 2004 Cessna, there were no injuries, fire or fuel spill.

The student pilot, according to a Sheriff's Office release, was 66-year-old Michael E. Pearson, of Pittsford.

His instructor was Robert J. Roberts, 35, of Rochester.

The student and instructor were doing "touch-and-go" training at the airport this afternoon at the time of the accident.

The plane skidded 546 feet down the runway.

The investigation is continuing, conducted by Deputy Lonnie Nati and the Federal Aviation Administration.

Assisting at the scene were Genesee County Emergency Services, Town of Batavia Fire and Mercy EMS.

(initial report)

Incidents in Le Roy and Darien

By Howard B. Owens

There's a couple of incidents going on -- amidst other heavy scanner traffic -- that I've not been able to quite nail down.

There's an apparant grass fire somewhere off Route 33, apparently in Darien's fire district.

Also, there's a car off the road in Le Roy. Their may be power lines down. A caller reports a power outage. The driver called and said he wasn't injured, but an ambulance was started. The car is in the woods.  The location sounds like "Valence Road," but I can't locate such a road anywhere in Genesee County.

UPDATE 6:14 p.m.: The fire was on a recently purchased plot of land in the area of Countyline Road and Route 33. The burn is within legal limits and the owner is planning to have more controlled burns this week.

Jury finds Scott Doll not guilty of promoting prison contraband

By Howard B. Owens

A jury of six Batavia residents took only about five minutes to reach a not guilty verdict in the promoting prison contraband trial of Scott F. Doll.

Assistant District Attorney Robert Zickl had little to say after the trial.

"I guess I don’t have a reaction," Zickl said. "This is divided up. Everybody has different jobs to do. They have their job, I have mine. Everybody does their job and this is where we wind up."

Doll's attorney, Dan Killelea, said Scott insisted from the beginning that he was not guilty.

"I think his faith in the jury system was very shaken by his conviction in the murder trial," said Killelea, who helped defend Doll in May against charges that he killed retired corrections officer Joseph Benaquist.

"I’m hoping, I’m really hoping, this restores some of his faith in the system, because it’s a system I believe in. I think it’s the best system we have, though it’s not perfect."

He also praised Zickl for putting on a thorough case and presenting a strong closing argument.

"Bob Zickl did, I believe, a tremendous job," Killelea said. "I thought his closing argument was outstanding. He had me worried. He gave the jurors a lot to work with if they were going to go that way. I hope I was able to point out some holes in the case and I’m hoping that’s what they hung their hat on."

As for the implication that a specific corrections officer supplied the aspirin to Doll, Killelea said it wasn't his intention to draw a bead on a specific individual.

"I think in light of the circumstantial nature of the prosecution’s case, I don’t think the facts led to only one conclusion -- that he was guilty -- and I’m hopeful the jury agreed with me and found reasonable doubt in other legitimate conclusions that could have been reached," Killelea said.

Doll, dressed in a prison-supplied pair of tan slacks and white shirt, showed no apparent reaction to the verdict.

Today's coverage:

Doll's attorney suggests corrections officer at jail was source of aspirin

By Howard B. Owens

In closing arguments in the Scott Doll prison contraband case, the key question attorneys for both sides wrangled over is who brought powdered aspirin into the Genesee County Jail.

Defense Attorney Dan Killelea made the suggestion that the aspirin was given to Doll by a corrections officer at the jail.

Repeating a phrase Doll reportedly used when speaking "officer to officer" with Corrections Officer Vincent Maurer about his state of mind after trying to ingest the aspirin, Doll reportedly said to Maurer, "an officer gave it to me."

After the aspirin was discovered by Maurer, Killelea suggested, jail officials had no choice but to prosecute him for promoting prison contraband.

"Who’s going to step up (and say) they just gave aspirin to a guy just was convicted of murder?" Killelea said. "Who is going to fess up to showing some humanity, some professional courtesy?"

Assistant District Attorney Robert Zickl said that suggestion made no sense and wasn't supported by the evidence.

This is not "Law and Order Batavia," Zickl said, adding that conspiracy theories belong on TV, where they’re entertaining, but they’re not reality. Zickl said this case is reality.

"If you are a senior corrections officer are you going to risk your career by giving the defendant aspirin ground up in a balloon?" Zickl said. "If you did that, why would you say you've got to go upstairs to check on something and let somebody else watch the defendant? Why wouldn’t you stay there and watch him ingest it?"

Zickl argued that if a corrections officer wanted to give Doll aspirin, why grind it up, why not just give him a few tablets?

The evidence -- the balloon, the white powder all over the jail cell and on Doll's face -- is more consistent with the behavior of an intoxicated, despondent person who carried the alleged contraband into the jail himself.

Killelea questioned why the balloon wasn't introduced as evidence, why it wasn't tested for fingerprints or DNA. He argued that to produce the amount of white powder observed by officers, a pretty large balloon would be needed, and a balloon that size would be difficult to hide through three pat down searches.

There is no evidence, Zickl argued, that the balloon was giant. He said 20 ground-up pills could produce a good deal of powder and easily be concealed by an experienced former corrections officer who would know how to hide something not easily found in a standard pat down search.

After arguments, with the jury out of the courtroom, Killelea objected to Zickl's closing argument, saying that Zickl repeatedly made reference to the aspirin being in the balloon at one time. He said no evidence was introduced to prove the balloon ever contained aspirin, or that there even was a balloon.

Judge Robert Balbick is just completing instructions to the jurors, who will begin deliberations shortly.

Pedestrian killed in Pavilion

By Billie Owens

A pedestrian has been struck and killed by a motor vehicle on Route 63 in Pavilion.

The accident occurred at 6935 Ellicott Street Road (Route 63) and Route 19.

Pavilion Fire Department is responding. Medics are told to proceed in nonemergency mode.

UPDATE (12:56 p.m.): A coroner is heading to the scene. There are no reports of traffic problems.

UPDATE (1:03 p.m.): It is requested that "Pastor Green" be asked to come to the scene.

UPDATE (2:20 p.m.): The family was notified at 2:07 p.m. All units are back in service. No other information is available yet.

UPDATE 2:40 p.m. (by Howard): A white pickup truck, an older Dodge Ram with an apparent lift kit, struck a female pedestrian in the crosswalk. The truck did stop after striking her. It was parked about 80 yards from the intersection, and it appears its oil pan or similar car part from the undercarriage had been knocked off. At the time we spoke, Sgt. Steve Mullen said next-of-kin in Rochester had not been notified, so the victim had not been publicly identified at that time. The accident is under investigation and no further details are yet available.

UPDATE 4:14 p.m.: The victim has been identified as Dorothy Ring, 84, of Pavilion. Ring was walking across the street, at a crosswalk, Route 63, when she was struck by a 1994 Dodge Ram 3500 pickup truck driven by Larry A. Cook, 24, of Avon. Cook was northbound on Route 19 when he made a left-hand turn onto Route 63.

The investigation is continuing and possible charges are pending. It is being conducted by Deputy Brian Thompson and Deputy Eric Seppela from the crash-reconstruction team along with Investigator Timothy Weis.

Assisting at the scene were Chief Deputy Jerome Brewster, Sgt. Steve Mullen, Deputy John Baiocco, Genesee County Sheriff's Office Chaplin Phil Green, the Pavilion Volunteer Fire Department and Mercy medical personal.

Plane veers off runway at airport, no injuries, only minor damage

By Billie Owens

A plane is reportedly "down on the runway" at the Genesee County Airport.

It left the terminal and went off the runway. There are no injuries and only minor damage to the plane. There is no fuel leakage.

The Town of Batavia Fire Department is responding. Mercy EMS was called, then cancelled.

UPDATE (12:25 p.m.): The airport has been temporarily shut down while the incident is being investigated.

UPDATE (12:35 p.m.): An investigator from the Federal Aviation Administration is en route. Pictures are being taken at the scene. Then the plane will be towed away and the airport reopened.

UPDATE (1:31 p.m.): The airplane has been stabilized and is being removed from the airport runway now. The airport is to be reopened shortly. The FAA investigator is on scene. Town of Batavia fire units are put back in service.

No proof Doll brought contraband into jail, defense contends

By Howard B. Owens

There's no proof that Scott Doll carried a green balloon into the Genesee County Jail on May 20.

That's the assertion made by defense attorney Dan Killelea in an opening statement this morning in Doll's trial for allegedly introducing contraband into jail following his murder conviction.

Doll was allegedly found in a holding cell about to drink from a cup with a mixture of water and a white powdery substance.

Sgt. Greg Walker transported Doll from the courthouse, and then came back to the jail to investigate the alleged incident in the holding cell. He testified that when he looked into the holding cell, there was a white powdery substance trailing from the sink, to the floor and onto the bed.

The green balloon was laying empty on the bed.

It turned out that the white powder was aspirin.

Walker testified that he did a brief pat down search of Doll in the holding cell at the Genesee County Courthouse and found only a couple of coins in Doll's pocket, which he allowed him to keep.

The sargeant testified that Deputy Vincent Maurer also conducted a search of Doll upon his arrival at the jail.

At that time, Maurer felt something unusual along Doll's pant leg and took Doll into a holding cell for a more thorough search. Nothing was found.

Walker also testified that he arrived at the courthouse as the same time Doll was dropped off at the front door and held the door for him to enter the building.

Doll appeared intoxicated, Walker said. He could smell alcohol on his breath and he was staggering and swaying a bit.

UPDATE 12:16 p.m.: Maurer testifies that Doll told him an "officer" gave him the white powder and he didn't know what it was.

"I told him it was my birthday and I didn’t want to see him hurt himself on my birthday and have that be my memory," Maurer said. "He said it was nothing against me. I'm trying to take the edge off -- some officer gave it to me."

Maurer added that Doll said, "You don’t know what I’m going through. I’ve lost my family. I’ve lost 25 years of my career. I’ve lost everything. Officer to officer."

When Doll arrived, prior to the alleged white powder incident, Maurer observed that Doll appeared despondent and intoxicated. He recommended Doll be placed under constant supervision, but that constant supervision -- which involves an officer sitting outside his cell and logging everything he does -- would not begin until after he was fully processed.

Maurer said a document that says he should be on constant watch while in the holding cell is a typo, that he should have gone on constant watch after processing was completed.

Maurer also testified that nobody was in the holding cell prior to Doll entering and that he didn't see a balloon or white powder in the room.

As for the pat search when Doll first arrived, Maurer said when patting his pant leg, "I felt something funny" and asked him to go into a holding cell for a more thorough search. Doll was asked to drop his pants and nothing unusual was found. At that point, he said he thought that maybe he only felt the seam of Doll's pants previously.

UPDATE 12:52 p.m.: Batavia City Court Judge Robert Balbick rules that Assistant District Attorney Robert Zickl could have asked his question during his initial direct examination, after Wolf had been qualified as an expert witness. Since that didn't happen, Killelea's objection is sustained.

UPDATE 12:56 p.m.: Lunch break. Prosecution will rest after lunch. The defense will not call any witnesses.

Cast of local production of "RENT" gets special visit from an original cast member

By Howard B. Owens

The Tony Award-winning rock opera "RENT" ran on Broadway for 5,124 performances and now a group of local actors are working on putting together a Batavia production that will run Jan. 13-16.

With the cast deep into rehearsals, they received a special visit at Batavia Middle School on Monday evening -- Gwen Stewart, one of the original cast members of "RENT" on Broadway stopped by for a visit.

After a short rehearsal, Stewart hopped onto the edge of the stage and talked about the importance and message of RENT, which dealt with what was a very controversial issue at the time -- AIDS.

She said because of advances in treatment, AIDS isn't the death sentence that it was when "RENT" opened in 1980, but the message of dealing with medical hardships is still relevant.

A couple of cast members mentioned that they had seen Stewart perform in "RENT," either on Broadway or in Rochester.

The local production of "RENT" is being staged by WNY Arts Society. For a complete cast list, click here. The director is Ashley Bateman, pictured above on the left with Stewart.

Lack of jail for female prisoners puts additional burden on Sheriff's Office

By Howard B. Owens

The inability of the Genesee County Jail to house female prisons continues to create an expense and drain of resources for the Sheriff's Office, according to Sheriff Gary Maha.

Monday, Maha informed the County Legislator's Public Service Committee that the cost of housing female prisoners in other counties is going to be $30,000 more than anticipated.

That's the bad news. The good news is, Genesee County Jail has been getting additional federal prisoners for short-term detention. So while the county anticipated $10,000 in revenue from the Border Patrol and Federal Marshals, the actual figure will be closer to $30,000 or $35,000.

But keeping female prisoners in out-of-county facilities has a cost that doesn't show up on a balance sheet -- the only means of transporting female prisoners is to use a designated road patrol.

Deputies must shuttle inmates from Genesee County to Orleans County, or Wyoming or Allegany.

And a deputy on prison transport is a deputy who isn't on patrol.

Ideally, the Sheriff's Office would have a dedicated prisoner transport team, Maha said, but that just isn't a realistic proposal right now.

"Unfortunately we have to live with it, with the resources we have, with the situation the county is in economically," Maha said.

Orleans charges the county $70 per day per prisoner to house Genesee's female inmates.

Because Orleans County jail is closest to Batavia, the Sheriff's office prefers to keep detainees not yet convicted and with pending court dates at that facility.

Convicted prisoners are housed primarily in Allegany County.

Sometimes, however, Orleans runs out of space, and deputies are dispatched there to pick up one of Genesee County's female prisoners and move her to Allegany County.

Maha said he is particularly worried about what the impact will be on the jail if Genesee Justice is eliminated.

"They help us manage our jail population," Maha said. "We have a very efficient operation."

Genesee Justice helps with prisoners who need medical care and it also manages programs that provide alternatives to incarceration. Maha said he is concerned that without Genesee Justice, the local male prison population will outgrow available bed space.

He plans on addressing that issue with the County Legislature at a public hearing on the budget at 6 p.m., Wednesday, in the County Courthouse.

Smell of electrical fire reported in house in Elba

By Billie Owens

The smell of a possible electrical fire is reported at a house located at 30 Chapel St. in Elba.

Elba Fire Department is called to respond.

UPDATE (7 p.m.): Firemen on scene say nothing was found. Elba fire is back in service.


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DA's office moving forward with political harassment charge, but new judge needed first

By Billie Owens

A new judge will be requested to hear the case of Chris Charvella, a member of the Genesee County Democratic Committee charged with aggravated harassment, 2nd.

In Le Roy Town Court this afternoon, Judge Kermit Arrington readily agreed to recuse himself since Charvella had worked on his election campaign.

Likewise, Le Roy Town Judge Charles Dusen will also be asked to recuse himself because the complainant, Republican Jay Grasso, had worked on his campaign.

The recusals will be forwarded to county court Judge Robert Noonan who will appoint another judge.

Assistant District Attorney Kevin Finnell suggested that the case be moved to another town or county because of conflicts of interest in the politically sensitive matter. Charvella's attorney, E. Robert Fussell, opposed the idea and Arrington said there was no adequate basis to justify moving the case.

County Legislator Jay Grasso had Charvella arrested by State Troopers after Charvella made statements on his blog regarding some campaign sign shenanigans and he left a message on Grasso's home phone.

On his blog Charvella said, among other things, that he was going to stick a campaign sign up the arse of the first Republican he encountered at local GOP headquarters if another sign for Republican Senator Mike Ranzenhofer showed up on property he managed.

After a sign reportedly did show up at Charvella's house, with a message written on it that indicated it may have been left by Grasso.

That prompted a call from Charvella to Grasso's home phone.

"Hey, Jerome, it's Chris Charvella. Thanks for reading my blog," was the message Charvella left.

He then posted a blog item that concluded with a picture of an Ewok and the message, "prepare your anus."

In a statement to The Batavian on Friday, Charvella said he didn't believe he did anything illegal.

Before Arrington spoke, Fussell had a brief conversation with Finnell. Fussell asked if the DA's office had received his faxed letter, seeking dismissal of the case because it is a First Amendment issue.

Finnell acknowledged reading the letter, but said "This is not a First Amendment case. ...By calling the house and referencing the blog, that was taken as a threat."

"You're kidding?" said Fussell.

"No, I'm serious," Finnell said flatly.

"I'm ready -- whatever," responded Fussell.

Moments later, an incredulous Fussell told Arrington "We live in a whole new universe than the one I grew up in."

Democrats Rose Mary Christian, who sits on the Batavia City Council, and Lorie Longhany, who chairs the County Democratic Committee, accompanied Charvella in court today.

"This is absolutely not a good use of taxpayer money," Christian said afterward. "There was no threat to Jay or Mrs. Grasso. You should hear some of the messages people have left on my phone. You wouldn't believe the stuff they say. 'You bitch, why did you do that?' I just call them back and say "Here's why."

Longhany said the case is pure politics, adding that Grasso is "trying to shut us up" and that Charvella will wind up paying a hefty legal bill for nothing.

Previously: Local Dem arrested after Republican legislator accuses him of harassing phone call

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