The case against Ronald J. Wendt II continued today in Genesee County Court with testimony from Deputy Tim Westcott and then Sgt. Brian Frieday.

Deputy Westcott was asked questions by the District Attorney Lawrence Friedman regarding the condition of Wendt at the time of the arrest. When asked if Wendt showed any indications of injury at the time of the accident, he replied with "no."

Wescott stated he was not aware of Wendt's purported forearm injury until after the arrest. When asked about whether he was aware of a pre-existing knee injury, saw any signs of allergies or knew of any allergies that Wendt had, Deputy Westcott responded with "no."

Friedman then asked Deputy Westcott if he had any doubts in his mind about the accuracy of the details in the arrest report and again the response was "no."

It was stated in the report that the last drink that Wendt consumed was at 10:50 p.m. and the accident occured at 11:08 p.m.

Westcott added testimony that when he asked Wendt, after he was under arrest, to submit to a chemical test, Wendt replied with "I don't know" and later consented after he was informed of the consequences if he did not.

Deputy Westcott also testified that, in his opinion, the flashing lights from the emergency vehicles would not have had any effect on Wendt's eyes while performing field sobriety tests, since the officer was facing the lights, not Wendt.

Frieday was called to the stand next. He supervises the midnight shift for the Genesee County Sheriff's Department and is the department's breath analyst advisor. He maintains the records of DataMaster breath tests, including the one given to Wendt the night of the accident.

Frieday testified that the DataMaster is sent to Albany once a year to be re-calibrated and tested to maintain its accuracy. Plus, every six months tests are performed on the machine over a phone line. He added that the supervisor also gives weekly simulated tests.

Assistant District Attorney Kevin Finnell then asked him how a BAC is reported on the DataMaster. Frieday said it is recorded in the machine up to three decimal places, but is only displayed on the machine in two. Thus, if a BAC was recorded in the DataMaster at 0.099 it would only be seen on the display and recorded as a 0.09 BAC.

Finnell then provided Frieday with documentation showing that the machine was calibrated accurately and Frieday testified that it was and that the DataMaster also operated properly the night of the crash.

During cross-examination, Defense Attorney Thomas Burns questioned Frieday about the accuracy of the results. Frieday stated that the DataMaster takes breath samples and uses mathematic equations to calculate the BAC, since actual blood samples are not tested.

Burns argued that the equation, which is based on the average person, is not the same for each person, therefore it could not be 100-percent accurate. Frieday subsequently testified that the fixed ratio is higher than the average person, therefore the BAC reading would actually tend to show lower than it really was.

Frieday said that the time that it takes to absorb alcohol into the blood stream depends on different variables including the amount of food in a person's stomach and how much they have eaten.

He testified that after 15 minutes it "would not be absorbed into the blood stream fully."

When asked by Burns if it could take upwards of two to three hours to fully absorb alcohol in the body, Frieday stated that it was possible and would be on the upward side of the absorption.

When asked if it could still be absorbing into the blood stream even after four hours, Frieday responded by saying "I have heard that number, I recall that number, yes."

The judge then dismissed the case until 2 p.m.

The expert witness for the defense in the Ronald J. Wendt II trial was grilled Thursday afternoon by the prosecution, which brought out some discrepancies in testimony given years ago in other trials.

Fran Gengo, Ph.D, is a clinical pharmacologist at the DENT Neurological Institute and currently serves as an associate professor of Pharmacy and Neurology and a clinical assistant professor of Neurosurgery at the SUNYAB School of Medicine. He now practices neuropharmacology research and pharmacotherapy.

His testimony yesterday concerned the rate of alcohol absorption in the body, the accuracy of breath analysis devices, specifically the DataMaster, and criteria for determining a person's level of intoxication.

Assistant District Attorney Kevin Finnell asked if alcohol can have an impact on a person's perception, eye-tracking ability, motor skills and cognition.

Gengo said he had to qualify his answer, "depending on the concentration amount."

According to testimony given in a trial on April 10, 2007 in Michigan, Finnell told Gengo, "you said you believe you can look at a person and determine if he's been drinking."

Gengo said, yes, but not whether that person was intoxicated. Finnell countered by saying Gengo back then said he could tell someone's BAC by looking at them, which Gengo flatly denied.

Back and forth they went, with Finnell asking a question and saying "that's a yes or no," and Gengo hesitating and saying the prosecutor was "mischaracterizing his words."

Finnell also asked him about his voluntary participation in unpaid activities, specifically  "grand rounds," a sort of group discussion with students and other professionals about medical, pharmacologic and related topics.

The witness on several occasions, including this inquiry, looked puzzled by Finnell's questions, as though he could not ascertain their relevance.

Finnell asked him if he was paid for his testimony, yes, Gengo replied, $500 to research and decide whether to take a case, and $3,500 for preparation and testimony.

Finnell pointed out that his prices had gone up since 2004, when he charged $2,000 for preparation and testimony. Finnell asked Gengo if favorable defense testimony resulted in more clients, therefore more money in his pockets.

Gengo replied that no, it didn't, his career was more dependant upon his credibility regardless of a trial's outcome, and furthermore, he accepts on only one of every six cases he encounters.

Then they parsed over how correct the calibration was of the DataMaster breathylizer once it left the factory with a rate of .002 accuracy in detecting the amount of alcohol in a person's system. Gengo maintained that, although that standard was higher than the state's .005 standard, the "instrument alone" shouldn't be the determining factor, rather a person's biology, whether they have eaten, their body-mass index, gender, are part of the picture as well.

"The mathematical calculations in some instances are arbitrary," Gengo said.

Inevitably, they went into the inscrutable territory of "partition co-efficients," citing an esteemed Swissman, Dr. Allen Jones's body of work and when and how Gengo's statements differed with this colleague, a man Gengo "had the pleasure of dining with on at least three occasions."

Jones has written, according to Finnell, that the body's rate of alcohol absorption is between five minutes to two hours. Gengo said that was wrong, he believes it to be 45 minutes to two to three hours. The provider of the course materials used to train officers, Intoxometer Co., claims it is 15 minutes to two hours.

"But that is not complete absorption," Gengo said. "It is the time of peak absorption. (In detecting alcohol levels) breath overtakes blood until absorption is complete."

On re-direct examination, Defense Attorney Thomas Burns asked Gengo if he was aware of any jurisdiction where two blows into a breathylizer are mandated. Yes, Dengo replied, but not in New York.

"I don't recall any case where they had the same numbers twice," Gengo said, although they are usually "within a narrow margin."

Gengo was able to explain that a "partition co-efficient" says that for every 2,100 molecules of alcohol in one's breath, there is one molecule in the blood.

This tends to "grossly underestimate the variance of alcohol levels of subjects in the field versus the laboratory."

For example, he said, if a person is running a fever, that can result in a higher number of molecules of alcohol in the blood.

After Gengo's testimony, Sheriff's Deputy Tim Wescott was recalled to the stand. Under questioning by Burns, the officer said he did not ask Wendt at the accident scene about his physical condition, whether or when he had eaten or slept, if he wore contacts and if he was injured.

But when placing handcuffs on him later, Wendt told the officer his left forearm was injured in the accident. Asked if that could have had an impact on his balance during the field sobriety tests, the officer said, yes, if could have.

Asked if he had looked inside Wendt's truck to ascertain any damage inside the cabin on the driver's side, Wescott said no, because he's "not the tallest man in the world" and it would have been difficult to do from a street level.

Batavia resident Dave Chua -- pictured with his son, Kian -- is set to lead the Next Level Running Team, which will compete in the Genesee ARC Friends & Family 5K on Saturday.

Chua formed this team recently with the help of a friend. He was inspired to do so by his son, who has Autism.

The objective of Next Level is to raise money for the Organization for Autism Research. Chua's support of this organization is founded upon his desire to promote "practical research that will open avenues to fuller, more complete lives for those diagnosed with Autism."

Next Level runners are eligible for a variety of gifts and prizes donated by area businesses. These include sunglasses, water bottles, a recliner, a spa treatment, and more.

"In the meantime," Chua says, "our runners will be benefitting from the experience and insight of other runners."

In addition to running in the 5K race on Saturday, Chua is going to represent the team by running in the New York City Marathon on Nov. 7. If you wish to support him in either of these events, please visit http://www.firstgiving.com/davidchua1.

Local sponsors of Next Level include the following:

T.F. Brown’s
The Legend Group
The Spa at Artemis
Blue Pearl Yoga
SolarX Eyewear
PK T shop
Oliver’s Candies
Lawley Genesee Insurance
T-Shirts Etc.
Southside Photography
Pauly’s Pizzeria
Max Pies Furniture
South Beach Restaurant
The Daily Grind Coffee Shop

Photo submitted by Dave Chua

Tonight, as part of its home coming game at VanDetta Stadium, the Batavia Blue Devils will honor its 2010 Hall of Fame inductees.

The ninth annual inductees are:

• Don Cerefin, 1947
• Bruce Beswick, 1970
• Sharon Leising, 1964
• Ernest Found Jr., 1970
• Barry Sheldon, 1967
• Matthew Doward, 1986
• James Briggs, 1969
• Teal Fowler, 1989
• James Dzierzanowski, 1969

Tonight's game is at 7 against Penfield.

The inductees will be recognized during a half-time ceremony.

Following the game, there will be a reception at Ri-Dan's Sports Park, 3755 West Main St. Road, Batavia.

The induction dinner is Saturday at Terry Hills. A social hour begins at 5 p.m., and dinner is served at 6 p.m., with the ceremony immediately after dinner.

Tickets are available at the Batavia High athletic director's office, or call 343-2480, ext. 2003.

More inductee pictures after the jump:

A fire is reported at Darien Lake Theme Park inside the human resources center. Smoke is visible.

Darien fire is dispatched.

Defense Attorney Thomas Burns called Dr. Fran Gengo to testify this morning in the DWI case of Ronald Wendt. The expert witness answered basic questions from both Burns and Assistant District Attorney Kevin Finnell about his background, education and medical experience.

Gengo is a clinical pharmacologist at the DENT Neurological Institute and currently serves as an associate professor of Pharmacy and Neurology and a clinical assistant professor of Neurosurgery at the SUNYAB School of Medicine. He now practices neuropharmacology research and pharmacotherapy.

During his initial testimony, Burns asked Gengo to relay to his expertise concerning alcohol in the body, as well as his knowledge of the breathylizer he was experienced in using.

Gengo testified to analyzing breathylizer results and making use of the data for many years. He also informed the court that he took what he believed to be was the same training that police officers take to become certified in giving a breathlyizer test.

Since Gengo is not a government or law enforcement official, he could not take the exact training that police officers do. However, he did say that the training was administered by a former police officer and the curriculum and manuals were the same.

A debate between the prosecution and the defense arose when Burns questioned Gengo about his knowledge of a variance in the results of the DataMaster test, which gauges blood-alcohol level or BAC.

Gengo said he had no designated training specifically in the DataMaster, but based on his reasearch and scientific knowledge, he maintained that scientists generally accept a variance in the DataMaster, and that the mechanism is not 100-percent accurate.

Finnell argued that this testimony should not be used because Gengo has not had any training in that specific device. But Judge Robert Noonan allowed the testimony, saying  the witness was more than capable of having that knowledge based on his scientific background and general understanding of science.

NOTE: Juror #1 was excused due to illness and it was determined that he/she would not be available within the next few days. Substitute Juror #1 replaced Juror #1.

Tim Wescott has spent 10 of his 12 years with the Genesee County Sheriff's Department on road patrol. It is a job he has trained extensively for and kept up to date on.

Under questioning from District Attorney Lawrence Friedman, Wescott told jurors in the Ronald J. Wendt II trial Wednesday afternoon, that he has taken courses at three different community colleges on how to conduct driver field sobriety tests and use the equipment to do so.

And yet despite the possibility that Wendt, too, may have been injured in the accident, though not obviously so -- perhaps he hit his head or tweaked his neck or back -- the deputy did not ask Wendt how he was or if he was injured.

Under cross-examination from defense Attorney Thomas Burns, Wescott testified that he wasted no time in performing field sobriety tests, which Wendt performed poorly.

Burns asked Wescott if his education included any medical training with regard to head trauma and concussions. He asked if he had learned about the possible effects of back or head injuries on tests for balance, coordination and mental functioning. No, Wescott said.

Burns asked if he was taught to ask about possible injuries before conducting sobriety tests.

"I don't know if I'm required to ask him," Wescott said. "I didn't."

Wescott testified that he was the first law enforcement officer to arrive at the accident scene on Aug. 14, 2009, in front of My Saloon on Broadway Road in Darien. That was at 11:13 p.m. -- four minutes after the first 9-1-1 call was received by dispatch (11:08 p.m.) and relayed to the officer at 11:09 p.m.

He estimated he conducted the intox tests on Wendt about 10 minutes after arrival and arrested him for DWI at 11:37.

The first thing Wescott noticed when he arrived at the crash was three damaged vehicles, Wendt's maroon pickup, Rachel Enderle's Toyota Camry, and a black truck that was parked in the lot. The Camry and Wendt's truck had both spun around as a result the impact of the crash.

Mercy EMS had one subject in an ambulance, a man in the roadway being worked on by medics, and he saw two women involved in the accident walking around. It was choatic, with bar patrons and others milling around, too.

Wescott said he spoke briefly with Rachel, the driver of the Toyota who struck Wendt's truck when he pulled in front of her as he made a left-hand turn into the My Saloon parking lot. He said there was no indication she had been drinking.

He was trying to get information about Wendt's truck, which was missing a front license plate, when Wendt approached him and said "I'm the one you're looking for."

Wendt told the officer he had come from a residence in Attica, was stopping for one (beer) and "thought he had time to turn."

"He had bloodshot, glassy eyes, some slurred speach and the odor of alcohol on his breath," the deputy said, who then asked if he'd been drinking.

Wendt said he had a few beers and then added "You might as well have me blow and take me to jail." The deputy said he'd rather have him do field sobriety tests.

The officer then detailed the standard tests given and what are called "clues" as to the person's inebriation. No single test can conclusively determine if a person is intoxicated, he noted. But Wendt did not pass any test "cluelessly."

Wendt told the officer he'd had four or five beers throughout the day while baling hay with a friend and had drank his last one about 15 minutes before the accident, which killed Rachel's back-seat passenger, 18-year-old Katie Stanley, of Dansville.

"He said he was slowing down, with his turn-signal on, and thought he had time to make the turn but said he guessed he didn't," Wescott said.

At the scene, it was determined that Wendt had no registration for his pickup, no current inspection sticker, his plate had been "voluntarily surrendered," and his only ID was an expired motorcycle driver's license.

After he was arrested and taken to jail, his picture was taken and it was shown to the jury yesterday. He looked slightly sunburned, unshaven, with reddish, tired-looking eyes. After being read his Miranda warnings and being interviewed by Wescott, he signed a voluntary statement about the accident at 1:13 a.m. Wescott said his demeanor, sobriety, or lack thereof, had not changed from his first encounter with him.

In other testimony Wednesday, Sheriff's Investigator Steve Mullen explained to jurors how a video recreating the moments leading up to the accident was made. They were not shown the video, however. One was made in daylight, another at night, earlier this year.

A key point was determining how far one can see cars coming down Route 20 eastbound from the roadway in front of My Saloon. Wendt had been heading westbound. It was estimated that one could see "several hundred yards" up the road, which then dips down at midway at the cemetery before rising, making cars visible again.

The speed limit goes from 55 to 40 east of the cemetery. In making the video, the eastbound driver was instructed to go 55 then take his foot off the gas pedal and start to brake at the 40 mph sign. The driver reached a speed of 45 mph by the time he got to My Saloon. How fast Rachel was driving is one of the points of contention in the case.

The other person who took the stand Wednesday was Rachel's cousin, Tim Enderle. Heavyset, 22, and a resident of North Chili, he testified that he, Rachel, Katie and Gabby Mahus had left a concert at Darien Lake early to avoid rowdy crowds. He was the front-seat passenger. They were on Route 20 heading to Rachel's house in Dansville.

"I noticed headlights up ahead, I try to notice everything, I think that's my responsibility as a passenger," Tim said. "I noticed the headlights shook a little bit -- as though somebody was deciding whether to turn."

He said he thought the truck was going "at a pretty high rate of speed and it sort of veered into the parking lot. He said Rachel was staying in her lane, looking ahead and was in no way distracted.

"I barely had time to put my arm up on the dashboard, I guess it was less than a car length in front of us," Tim said. "I took a deep breath. The crash was instantaneous. I could barely breathe. I smelled smoke, it was horrible."

Tim's window was rolled up and his door was jammed shut afterward. He said he looked at the others in the car and noticed Rachel and Gabby were OK, but Katie was not and blood was coming out of her nose area. When they were able to get him out of the vehicle, he tried to stand but felt an excruciating pain in his leg and fell to the ground.

He saw Katie on a guerney being taken to the ambulance.

"I noticed her arm was dangling down," he said. "I reached up and put it on her stomach."

He was taken to UMMC, then to Strong where underwent surgery on his leg and hip and spent weeks and weeks in rehab. He suffered a dislocated hip, two fractured vertabrae and his "femural head was driven up into his leg." Afterward, he spent months at home in a wheelchair, then a walker. He still has terrible pain, including while he was testifying, he said.

A motor-vehicle accident with minor injuries is reported at 7906 Byron Road, near the Stafford Country Club.

Stafford fire department and Mercy EMS are responding.

I will be leaving shortly for Buffalo to catch a plane to Chicago. I'm attending a conference called "Block by Block: Community News Summit 2010."

The one-day event is perhaps the first time all of the publishers of the top local online-only news sites in the U.S. have gathered in one location. In all, about 40 independent publishers will be attending, plus some editors from larger companies.

I'll be leading one session on advertising sales.

In the meantime, Tim Walton is helping with Ron Wendt trial coverage and Ethan Thompson will cover Attica at Pembroke football for us on Friday night. Of course, Billie will be around to monitor the scanner and handle anything breaking that comes up, and WBTA is available to pitch in as needed, as well -- so there should still be news coverage while I'm gone.

Not to mention, of course, I'll have my laptop with me and stay on top of things as much as possible.

Contractors began milling Ellicott Street this morning in preparation for repaving next week.

Over the next three days, the milling tractors -- which cost $750,000 each -- will remove 750,000 tons of top asphalt.

The milling begins down the center of Ellicott today, with traffic being diverted to the outside lanes from Main to Cedar. Once the center of the roadway is milled, traffic will be routed to the center and workers will mill to the curbs.

A test strip of paving will be laid on Wednesday, with actual paving scheduled to begin on Friday.

Two bus loads of area residents departed from the Batavia Downs parking lot this morning for "Patriot Trip III," the annual trek to Washington, D.C., organized by Assemblyman Steve Hawley.

The trip includes tours of the WWII, Vietnam, Korean and FDR Memorials as well as the Nation’s Capitol, Arlington Cemetery, and Udvar Hazy Aerospace
Museum. Each traveler paid $325 to join the group and they will stay at Fort Belvior Army Base in Virginia.

For many of the people joining the tour this year, it is their third time making the trip to D.C., and some first-timers said they were excited to be going in this year.

David Timothy Neuhaus, 23, of North Street, Batavia, is charged with petit larceny. Neuhaus is accused of stealing property from another person in Bergen. The time of the alleged incident was 5:20 a.m., Tuesday.

Randy Lawrence Sanfratello, 40, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Sanfratello allegedly remained on the property of another person whom he was ordered not to be near.

William J. Christner, 55, of Batavia, is charged with DWI and aggravated DWI. Christner was stopped by State Police at 9:07 p.m., Tuesday, on Route 5 in the Town of Batavia.

A fire is reported at an apartment building at 42 Spencer Court in the City of Batavia. The possible structure fire is reported to be in an end building and there is some traffic congestion due to people trying to leave the scene or move their cars.

Firefighters on scene report smoke showing.

UPDATE (9:58 p.m.): The smoke is said to be coming from a BBQ grill and fire units are back in service.

A three-car accident with injuries has been reported at Daws Corners.

UPDATE 6 p.m.: Northbound traffic at Saile Drive is being closed.

UPDATE 6:32 p.m.: The Elba fire chief has told fire police to reopen the road.

A two-car accident, that is not blocking, has been reported in the area of 6177 Main Road, Stafford.

Stafford Fire and Mercy EMS are responding.

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An accident with a head injury has been reported on Route 490, just past the Bergen exit.

The accident is actually in Monroe County, but still part of the Bergen Fire District.

Bergin Fire and Le Roy Ambulance have been dispatched.

UPDATE: This apparently was not an accident. There was a parent taking a child to the hospital after the child was hurt in a playground accident. Bergen back in service.

Batavia Police are on scene of an accident at Park and Richmond. No word on injuries.

A second accident at Park and Oak has just been called in. It's reportedly a rear-end accident. No word on injuries.

A one-car accident with injuries has been reported in the area of 3126 Stegman Road, Batavia.

A third advanced life-support ambulance is requested.

East Pembroke Fire is on scene.

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