City Court

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.

As one reporter phrased it: "She wants to plead guilty, but doesn't want to admit to the crime."

Suzanne Corona did plea guilty to Public Lewdness in Batavia City Court today, and did have the charge of Adultery dropped. But it took an awful lot of work to get to that point.

Corona entered the Genesee County Courts facility early this afternoon, dressed in a pastel green suit and stiletto-heeled sandals. When Judge Michael Del Plato called her name just before 2 o'clock, she walked up to the stand beside her lawyer, Brian Degnan.

(Recorders are not allowed in City Court; quotes hereforth from inside the courtroom are written from recollection and extensive written notes.)

Judge Del Plato asked what the status of the case was. Degnan announced that he'd acquired everything he needed from the prosecution -- and that Suzanne Corona was prepared to enter a plea. Prosecutor Robert Zickl agreed, noting the prosecution's proposal for Corona to plea guilty to Public Lewdness and be sentenced "on a no-jail basis."

Judge Del Plato then asked Corona if she was indeed prepared to enter a plea. "Yes," she said, "and I am doing so with the understanding that the adultery charge will be dropped."

Then came the plea...sort of.

Del Plato asked: "Do you admit that on June 4th, 2010, at approximately 5:15 p.m. in Farrall Park, that you did expose your private or intimate parts in a public place?"

"No, I did not," Corona replied.

Judge Del Plato seemed dumbfounded at this point. Looking from Zickl to Degnan with a slight smile, he wondered aloud: "I thought we had a disposition?"

Zickl said, "Your Honor, Ms. Corona has said that her intimate parts were not exposed in the public view. The prosecution is willing for her to admit to 'having sexual contact with another person,' which could easily be viewed by another as sexual intercourse."

After Degnan whispered something in Corona's ear, Del Plato tried again.

"Do you admit...that you did commit a lewd act with another person?"

"Yes," Corona replied. Del Plato continued, "And do you admit...that you did have sexual contact with another person?"

Corona replied, "No, Your Honor. I was engaged in an inappropriate act."

At this point, all four began talking to and talking over one another. At one point, Corona was heard to say, "I just want to say that I did not expose..."

But Del Plato had heard enough. He ordered Degnan and Corona out of the courtroom to speak with each other.

Three to four minutes later, they returned and sat together in the gallery as Del Plato heard several more cases. Returning to the stand, Degnan attempted to call Corona up beside him. Del Plato wasn't having it.

"No -- no. Mr. Degnan and Mr. Zickl, I want to speak with you first."

After a quick conference, proceedings resumed. Del Plato again asked Corona if she admitted to committing a lewd act with another person in Farrall Park.

"Yes," she replied.

"Great," Del Plato muttered, looking down.

Corona had apparently also asked Degnan to remind the courtroom that she'd remained clothed throughout the entire encounter at Farrall Park -- which he did.

Del Plato instructed Corona to return to City Court at 1 p.m. on Oct. 20 for sentencing, and with that -- save for the sentence -- Corona's legal matter was over. Outside the Genesee County Courthouse, Corona said she was happy to have the adultery charge dropped.

"I believe it's a private matter between husband and wife," she said. "And the government steps in your life in so many different areas...and everyone has a different type of marriage."

But Corona has not ruled out her prior intention: challenging the constitutionality of New York State's charge of Adultery.

"That's something we will discuss, and it's probably going to come up."

Degnan seems less enthusiastic.

"Sure, there's a challenge possible, but we were just concerned about having the adultery charge dismissed. We haven't even started preparing for that matter at this point, and we'll cross that bridge when the time comes."

When asked if she was happy to put it all behind her, it took Corona only one, sighed word to communicate it all: "Yes."

UPDATE: Just spoke to Prosecutor Robert Zickl as he walked past WBTA Studios. He confirmed that Justin Amend was offered a similar plea deal, and accepted it, contrary to what a City Court clerk told WBTA on Tuesday.

Photo: Suzanne Corona and Brian Degnan speak to reporters outside Genesee County Court.

Convicted murderer Scott Doll will take his contraband case to a jury trial.

Doll appeared in Batavia City Court today, having been transported from a downstate prison. He sported a new buzz cut and clean-shaven moustache, wearing a bright white button-up shirt and khaki pants. He was handcuffed at the waist and escorted by state prison guards.

Doll is charged with Promoting Prison Contraband after allegedly trying to sneak powdered aspirin into the Genesee County Jail, following his murder conviction on July 2. Officers checking him in say they found it in a green balloon taped to Doll's buttocks.

Doll's attorney, Dan Killelea, told Judge Robert Balbick today that motions in the case have been completed, and that he and Doll are ready to take the case to trial. Judge Robert Balbick granted Killelea a date for jury selection: Monday, Nov. 15 at 1 p.m.

Outside the courtroom, Killelea he believes Doll will be acquitted of the charge.

"He obviously has a right to a trial, and he looks forward to exercising that," says Killelea. "Depsite the fact that he feels, and I feel, that he was wrongly convicted this last time (on the murder charge)...he's still clinging to a hope that the system works.

"I think he'll be exonerated after a trial."

Doll's mother and son were in the courtroom today to see him. They were accompanied by their pastor, according to Killelea.

At one point, Doll's mother could be heard to say, "I don't trust anything that happens in this building."

Twenty-nine-year-old Justin Amend, accused of having sex on a public park bench in Farrall Park, pleaded guilty to a charge of Public Lewdness yesterday in Batavia City Court.

Under section 245.00 of New York Penal Law, in pleading guilty to the misdemeanor public lewdness, Amend legally admits only to:

"...intentionally exposing the private or intimate parts of his body in a lewd manner or committing any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed."

Thus, Amend does not specifically admit to having sex with Suzanne Corona on that picnic table in Farrall Park.

A plea deal is not part of Amend's guilty plea, according to city court clerks. City Court prosecutor Robert Zickl confirms that Amend did accept a plea deal, which ensures that he will not be sentenced to jail time.

Amend is scheduled for sentencing on Oct. 19. The charge is a class B misdemeanor, meaning Amend could face a maximum of six months in jail.

Alleged partner Corona is due in Batavia City Court on Aug. 18 (Date was changed to Aug. 11).

Peter Nasca will finally pay his debt to society.

For 26 years, the Florida resident has been tagged by Batavia City Court as a "scofflaw."

Since 1984, his New York license has been suspended and he's had an unpaid traffic ticket.

That hasn't stopped him from making his living as a truck driver, and even hauling loads through his former home state, but then he didn't know -- he says -- that he was a wanted man.

"All these years, nobody ever caught it," Nasca said after appearing in court. "Even when I do my FBI background check every year, they never caught it."

Apparently, law enforcement in Missouri is a little more on the ball. During a routine inspection of his rig, an officer said, "Oh, by the way, you can't drive in New York."

"What?" was Nasca's jaw-dropping response.

His Florida driver's license allowed him to drive in any state in the union, but New York wanted him to pay his fine, which is $180 for allegedly driving on a revoked driver's license in 1984.

Nasca, a native of Buffalo, was a Tonawanda resident at the time.

(Nasca is spelled like NASCAR, he said, "but without the money.")

Nasca did appear in City Court in 1984 and entered a not guilty plea. He eventually forgot about the charge and figured there was a statue of limitations on it. But there wasn't.

In 1984, Judge Robert Balbick was the prosecuting attorney in City Court, though he doesn't remember if he appeared on the Nasca case. Even so, he had to recuse himself, so Nasca's case was adjourned to Aug. 3, when Judge Michael Delplato can hear the matter.

As for his suspended license, he cleared that up today by filling out some paperwork. He didn't have to pay a fee because in 1984 there was no fee for a "Scoff."

City Court Clerk Linda Giambrone said there are scoff cases on file at City Court going back to the 1970s. They will never be purged and the scofflaws could still be hauled into court.