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Man facing a lifetime jail sentence doesn't get bail from Judge Noonan

By Howard B. Owens

A man with multiple felony convictions who is accused of breaking into a State Street home and stealing several items while an elderly woman slept, won't get out on bail or bond any time soon.

Judge Robert Noonan denied a defense request to release Reginald M. Wilson, of 283 Seneca Manor Drive, Rochester, on $10,000 bond.

Wilson's sister was apparently ready to post bond, using her house as collateral.

"You're asking me to presume that a defendant facing a life-in-prison sentence because he's a persistent felon would care about his sister's $10,000?" Noonan said.

At which point, Wilson sat up straight in his chair and said, "Yes."

"That's a stretch," Noonan said, and Wilson slumped back in his chair.

Noonan noted that Wilson has 30 prior arrests, 12 convictions and 6 felonies on his record.

Two of his convictions led to state prison time, which means a third such felony conviction -- which Wilson is facing now -- means a life sentence.

Man admits to attempted burglary at Graham Manufacturing building

By Howard B. Owens

A man accused of attempting to break into a Graham Manufacturing building on Aug. 14 plead guilty today to attempted burglary.

There are apparently other unindicted co-conspirators, District Attorney Lawrence Friedman indicated in court, and Robert S. Douglas of Batavia will be expected to testify against them if they ever come to trial.

In exchange for his guilty plea and promise to testify, Douglas could receive a prison sentence of only one-and-a-half to three years.

Douglas, who has a prior felony DWI conviction and appeared in court in chains and the orange prison garb of the Genesee County Jail, was scheduled to be released following his guilty plea under supervision of Genesee Justice with a curfew of 7 p.m. to 7 a.m.  He is married and has a child.

The Batavia Police Department has not previously released information on break-ins at the Graham building. Yet there is some hint from the court proceedings today, that there was more than one break-in that Douglas and possible cohorts were involved in. In addition, news of Douglas' arrest previously was not released (at least, at the moment, I can't find any record of any such release).

Larceny suspect doesn't get far with motion to throw out ID and statements

By Howard B. Owens

A Buffalo man suspected of tricking a woman out of $2,000 at Tonawanda Valley Federal Credit Union heard Judge Robert Noonan dismiss two of his attorney's key motions this afternoon.

The witness identification and his reportedly self-incriminating remarks following his arrest can be used at the possible trial of 69-year-old Yusuf A. Hassem,  a.k.a. Louis L. Reed, Judge Noonan ruled.

Defense Attorney Fred Rarik tried to argue that the photo array used by the victim to identify Hassem was flawed because Hassem was described as a well-dressed man at the time of his alleged crime, and in the array Hassem is the only possible suspect not well dressed. That made Hassem stand out more, Rarik argued.

Rarik said the photo array was "the most suggestive I've ever seen," and he accused police of leading the witness to understand the suspect was bald, wearing glasses and jewelry was like building "a Mr. Potato Head."

Rarik also asserted that police investigators did not properly read Hassem his rights.

Judge Noonan said the fact is that none of the six mug shots used in the array matched each other, so the witness was not necessarily guided toward a particular answer. The photo array itself wouldn't be admissible anyway, Noonan said, but the witness identification would be admissible.

Further, none of Hassem's potentially incriminating statements were made before Hassem was read his rights and told he was under arrest.

Hassem has been offered a plea deal, according to District Attorney Lawrence Friedman, that would have him serving only one-and-a-half to three years. If he doesn't accept the plea before Dec. 1, Hassem will go on trial Feb. 1.

Hassem first made the pages of The Batavian after police released a surveillance camera photo of him from Tonawanda and I noted that he was the same man I saw earlier that day in the parking lot behind Alberty Drug's.

Man who admitted to attempted burglary fails to appear for sentencing

By Howard B. Owens

A warrant is being issued for the arrest of a Lockport man who failed to appear in Genesee County court this morning for his sentencing on an attempted burglary conviction.

(name redacted upon request) admitted in May to entering a portion of a business in Darien that the public was not authorized to enter and grabbing bags of money. The manager caught him before he could leave.

As part of xxxxx plea deal, Judge Robert Noonan had offered him probation with a sentence cap, but xxxxx is now looking at incarceration once he's arrested.

Noonan also indicated that both the Genesee County and Orleans County probation departments recommended Wisniewski be jailed for some time rather than given probation.

Police Beat: Pair charged with interferring with DSS investigation

By Howard B. Owens

George M. Hodges, 19, of 9 S. Lyon St., Batavia, and Daniel D. Williams, 20, of 20 Mill St., Batavia were both charged with disorderly conduct and obstructing governmental administration. Batavia Police officers were at an Oak Street residence assisting the Department of Social Services in an investigation when the suspects allegedly yelled profanities at the officers and confronted investigators and attempted to prevent them from speaking to the residents.

Randy Johnson, 21, of 10182 Brookville Road, Alexander, is charged with criminal mischief and unauthorized use of a motor vehicle. Johnson allegedly took a vehicle without permission of the owner, and when confronted by the owner, Johnson allegedly caused damage to the vehicle. The incident was investigated by Deputy Chad Minuto.

Richard Jordan Franz, 19, of 9898 Simonds Road, Corfu, and Michael Richard Bitter, 19, 3198 Pike Road, Alexander, are charged with unlawful possession of marijuana. Franz and Bitter were arrested after deputies came to an unspecified residence to investigate a reported suspicious circumstance and allegedly found Franz and Bitter in possession of marijuana. The incident occurred at 1 a.m. Saturday.

Hal D. Philips, 58, of 11096 Molasses Hill Road, East Bethany, is charged with DWI, aggravated DWI, refusal to submit to breath test, failure to keep right and operating with a suspended registration. Philips was stopped on Molasses Hill Road by Deputy Kevin McCarthy for alleged failure to keep right at 11:45 p.m. on Tuesday.

Police Beat: Alleged rape of 14-year-old in Corfu

By Howard B. Owens

Billy Joe Budziszewski, 18, no permanent address, is charged with rape in the second degree and endangering the welfare of a child. Budziszewski is accused of having sexual intercourse with a 14-year-old girl in the Village of Corfu. He was jailed on $10,000 bail.

An 11-year-old boy from Harpersville is charged with rape, having sexual intercourse with a minor, a criminal sex act and sex abuse. According to a State Police blotter item, the victim appears to be 11-years-old or younger. The arrest was made in Elba. The case remains under investigation.

Former school bus driver gets new sentence in sexual misconduct charge

By Howard B. Owens

A former Oakfield-Alabama bus driver who pled guilty in April to criminal sexual conduct in the second degree for inappropriately touching a 13-year-old student was back in court this morning to receive a new sentence in the case.

Alan D. Tidd, 50, of 3191 Galloway Road, Batavia, initially received a "determinant" prison term of seven years. Under sentencing rules, this means a defendant is not eligible for release for "good behavior" or because the defendant is believed rehabilitated.

But the determinant sentence statute was passed until 2007, and Tidd's crime was reportedly committed in 2004.

Today, Judge Robert Noonan issued the maximum sentence available under 2004 rules, which is seven years, but Tidd could be released after two-and-a-third years.

Meanwhile, Tidd's guilty plea is under appeal. His attorney, Timothy Murphy, said outside of court that Tidd, who entered his plea only days after his arrest, felt rushed and pressured to plead guilty because he wanted to get out of jail in a hurry to care for his wife, who suffers from multiple sclerosis and is confined to a wheelchair.

Tidd, who has three children and a grandchild, has no prior criminal record.

UPDATE: To clarify the time line:

  • The single criminal act charged dates to 2004
  • The law on determinant sentencing changed in 2007
  • Tidd was arrested in November, 2008
  • Tidd plead guilty within days of his arrest, according to his attorney
  • Sometime between November and April, his attorney filed a motion to withdraw the guilty plea.
  • That motion was denied April 9, 2009.
  • He was sentenced on that day in April to a determinant sentence of seven years.
  • Today, he was resentenced to an indeterminate sentence of 2 and-a-third years to seven years (the maximum sentence available.)

Police Beat: Man reportedly had marijuana residue on pipe

By Howard B. Owens

Peter William Stapley, 19, of 3797 Piffard Circle, Piffard, is charged with unlawful possession of marijuana. Stapley allegedly possessed a pipe with marijuana residue on it. He was arrested Friday at 3:39 a.m. in Pavilion.

Robert Lawrence Drozdowski, 27, of 14 W. Main St, Batavia, is charged with criminal contempt. Drozdowski allegedly violated a court order which required him to have no contact of any kind with his ex-girlfriend. He allegedly sent a letter to her while incarcirated in Genesee County Jail. Drozdowski remains in jail.

William Dolose Hirsch, 22, of 10025 Buckman Road, Pavilion, is charged with two counts of harassment and stalking. Hirsch was arrested after allegedly calling his ex-girlfriend several times in June after he reportedly was told not to contact her again. He also sent her a picture for "no legitimate purpose," according to the Sheriff's Office press release. Hirsch was jailed on $2,000 bail.

Two men charged with State Street residential burglary

By Howard B. Owens

Two men have been charged with burglary for allegedly breaking into a home on State Street on Sept. 2.

One of the men had been previously arrested and charged with possession of stolen property after he was reportedly caught driving a car stolen from the residence.

Burglary in the second degree charges were filed against Reginald M. Wilson, 283 Seneca Manor Drive, Rochester, who was reportedly found driving the car, and Dillon M. Brito, 17, of 15 Maple St., Batavia.

The duo allegedly stole jewelry, cash, prescription medications, a clock, liquor, wine and food items. 

The resident was home sleeping at the time of the break-in, according to Det. Pat Corona.

Brito, who is also accused of breaking into a house on Maple Street this week, was taken into custody Wednesday.

Both men are being held without bail.

Photos: Wilson top, Brito bottom.
 

Former Elba resident charged with food stamp fraud

By Howard B. Owens

A woman accused of getting more than $21,000 in food stamps she shouldn't have received has been charged with seven counts of offering a false instrument for filing in the first degree.

Kelly Spenton, 36, allegedly lived with an employed person from March 2005 to March 2008 while she was collecting food stamps from the Department of Social Services.

Spenton, formerly of Elba, allegedly did not report this living arrangement to DSS.

The charges are felonies.

Batavia Town Justice Thomas Williams set bail in this case at $10,000, but Spenton is already in jail on a previous conviction.

Le Roy man sentenced to prison for sex with boy

By Howard B. Owens

John W. Brown, 29, of Le Roy, is going to prison for having sex with a 13-year-old boy in Livingston County.

Brown was sentenced to five years in prison by Livingston County Court Judge Dennis Cohen.

Once released, Brown will also be supervised for five years.

Brown was convicted of having sex with the boy in November, on his 29th birthday.

Source: Democrat and Chronicle.

Defendant in shaken baby case appeared in court today

By Howard B. Owens

Dietrich Williams, accused of shaking a baby and seriously injuring the child, has been writing letters to Judge Robert Noonan, Noonan revealed in court today.

The letters deal with issues related to his case and his potential sentence, Noonan said.

"I think communications would be better coming from you rather than your client," Noonan told Defense Attorney Jerry Ader.

Noonan than provided copies of the letters to Ader and District Attorney Lawrence Friedman.

Williams was in court because his attorney has filed a series of motions designed to test the legitimacy of the case against Williams. The fairly standard motions ask Judge Noonan to determine if the case presented by the People to the Grand Jury was sufficient and challenge the use of any post-arrest statements made Williams at a trial.

Ader is also asking for copies of medical reports from the hospital about the nature of the injuries to the baby.

"This is critical evidence as to what the injuries where and whether they were caused by my client," Ader said.

Friedman said his office hasn't received the records either and he said he would prepare a subpoena to have the records produced for the proceedings.

The case was continued to Sept. 24, when Judge Noonan will hear oral arguments regarding the admissibility of any statements Williams made.

State Police asking for help in recovering stolen Mustang

By Howard B. Owens

They used to hang horse thieves, but what about people who heist classic ponies?

State Police are looking for help in locating a 1965 Ford Mustang that was stolen from a commercial lot in Newstead.

The car was being repainted and had the front bumper, front grill and headlights removed.

Anyone who may have seen this vehicle or with information on this investigation is asked to contact the New York State Police in Clarence at 716-759-6831.

UPDATE, Friday, 10:30 a.m.: Just received this message from the State Police:

Reference the attached press release sent on 09/10/09, this stolen vehicle was recovered at 9:15am in the Town of Newstead after someone read the artice in the Buffalo News and noticed the vehicle sitting unattended.  No arrests have been made at this time.

File photo of a similar car supplied by State Police.

Batavia man accused of dealing cocaine

By Howard B. Owens

A suspected drug dealer who allegedly sold cocaine to an undercover agent four times in May was taken into custody Wednesday afternoon by Genesee County Local Drug Enforcement Task Force.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance.

Lee was spotted Wednesday on driving Washington Avenue. He was arrested following a traffic stop.

Lee is in Genesee County Jail pending arraignment this morning in Genesee County Court.

Assisting in the investigation were uniformed members of the Genesee County Sheriff's Office and the District Attorney's Office.

UPDATE: Lee appeared in court this morning and pled not guilty to the charges. Prior to this arrest, he was out of jail on $20,000 bond stemming from a previous indictment on charges of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. All three counts related to cocaine. Today, additional bail or bond was set at $5,000.

Police Beat: Basom woman charged with identity theft

By Howard B. Owens

Jennifer A. Benhatzel, 32, of Basom, is charged with identify theft, possession of a stolen credit card and forgery. Basom was arrested earlier this month by the State Police. She is held without bail. The alleged crimes took place at Smokin' Joe's in Lewiston. The case remains under investigation.

William A. Andrews, 29, of 16 Ross St., Batavia, is charged with criminal mischief. Andrews allegedly slashed the tires of a neighbor's vehicle. He was jailed on $2,000 bail. The arresting officer was K. M. DeFelice.

Business owner thinks more suspects should be arrested in alleged burglary

By Howard B. Owens

Han Bakker is following the case of Oakfield resident Michael L. Jackson with keen interest.

Jackson is accused of breaking into Holland High Lift, 10033 East Road, Bethany, and causing a great deal of property damage and stealing equipment and a truck.

Bakker owns Holland High Lift.

"We estimate (the alleged burglar) did about $60,000 in damage," Bakker said.

And according to Bakker, chief suspect Jackson wasn't working alone. One other possible suspect left a cell phone under a desk and two women were captured on video tape.

Bakker doesn't understand why the District Attorney's office isn't prosecuting the other suspects. He said he was told the D.A.'s office doesn't think there is enough evidence against the other three suspects to charge them.

The Batavian left a message this afternoon with an Assistant D.A. seeking comment.

The group of people, according to Bakker, broke into his office building on April 11 and trashed the place. They broke glass windows in doors, apparently to help them gain entry into other rooms, even though the doors were unlocked.

Apparently, they used their own bodies to break the window. Investigators, according to Bakker, found a good deal of blood in the building.

One of the reasons the D.A.'s office was apparently slow to seek an indictment against Jackson was investigators were awaiting the results of DNA tests from a Monroe County lab. No word on whether the lab results are in yet.

Jackson is accused of stealing a 2005 Ford Supercab 250. Bakker claims that Jackson drove the truck out on South Swan, striking a tree before trying to run it into the creek. 

Jackson is currently out of jail on $10,000 bond.

Bakker is concerned that Jackson, who reportedly left the state after the investigation into the break-in began, will not consider the bond sufficient inducement to stay in the area while awaiting trial.

"I doubt will ever get repaid," Bakker said.

Quick thinking helps save man stabbed during Motley Crue concert at Darien Lake

By Howard B. Owens

John Michael Bieganski is doing fine now,  but he might not be doing so great if not for the quick action of a group of people willing to step forward and help him Saturday night after he was stabbed in the leg by a knife-wielding assailant.

Bieganski, 23, a Clarence resident, had his leg cut during Cruefest, the concert of Motley Crue at Darien Lake Theme Park.

A friend carried him from the mosh pit (a tangle of dancing males (usually) who typically bang against each other and jump up and down and side-to-side rather violently) after he had been stabbed.

Trouble started for Bieganski, according to a Sheriff's Office report, when he thought he saw a friend being tackled and punched by one or two other men. When he tried to pull one of the men off his friend -- it turned out not to be his friend who was being attacked -- Bieganski said he suddenly felt something warm on his leg, touched it and then saw the blood.

The alleged attacker is described as a white male, about 25 years old, 6-feet tall, a strong build, wearing a gray T-shirt, khaki shorts, with a buzz cut, no glasses and clean shaven.

Bieganski required 28 stitches to close a gaping 4-inch long wound on his leg.

Contrary to initial reports, his artery was not cut, but he did bleed profusely before being treated.

After the attack, Bieganski's buddy, Evan Laczi, grabbed him in a fireman's carry hold and hoisted him from the mosh pit, but according to Glenn Hall, who was one of the first people to come to Bieganski's aid, Laczi and Bieganski came through a whole crowd of people who ignored Laczi's cries for help.

"They had walked past people to get up there (the beer trailer, where Hall was located)," Hall said. "They had walked past a number of people and nobody had done anything, to help him carry his friend or anything like that. Nobody had ran up. I'm sure he screamed out more than once, 'hey, I need help' and nobody ran out to get help or anything."

Hall, a six-year veteran of the Air Force, was a volunteer for a group of recruiters trying to raise funds to help with their recruitment effort (his wife is a military recruiter), and he said when he saw Laczi carrying Bieganski with blood soaking his right leg, his military emergency training just kicked in. He didn't even think about what he needed to do.

"Many soldiers who get this kind of training face this kind of stuff all the time," Hall said. "Overseas and abroad, these are guys are real heroes and they know what they're doing, but every military member gets this kind of training ... but I'd never reached that situation (before) and I didn't know how I would react in that situation (before Saturday night)."

Hall was working the beer trailer when he heard Laczi calling for help and he looked up and saw all the blood on Bieganski's leg.

"My immediate reaction was, 'we need to do something to stop this bleeding,'" Hall said.

His first instinct was to pull off his volunteer T-shirt and then his "wife beater" undershirt, which he ripped into two so it could be used as a tourniquet. Laczi helped place Bieganski on the long towing tongue of the beer trailer (which was covered by a sheet of plywood) while a non-military man who was part of the volunteer group asked, "hey, what can I do?"

Hall had the man put as much pressure on the wound as possible while keeping Laczi's leg elevated. Laczi held onto Bieganski's head. Then Hall went to fetch Darien's security personnel, who came to the scene to confirm the report of a man stabbed, and then called for emergency medical personnel.

It took about 15 minutes, according to Hall, for emergency personnel to arrive.

"The guy was being very compliant," Hall said. "He had bought beer from me earlier that night. He was a very nice guy, but you could tell, he had a very good buzz on. But he was not really moving, not really fighting us. He was just kind of laying there, but you could see that he had a lot of pain going on. At that point, there was nothing we could do but wait for emergency medical personnel to get there."

Hall doesn't want to be painted as a hero who saved a man's life, however.

"Truthfully, I feel like we all did our parts," Hall said. "I'm happy for the guy. It turns out he's alright, but I feel like this was group effort. Everything fell into place like dominoes and the situation was handled the best it could."

"I think the military just pounds it in there so hard and you're constantly trained on it, it almost became like second nature," Hall said. 

Bieganski is out of the hospital, but whomever stabbed him is still at large. The Sheriff's Office investigation is ongoing.

Audio:

Police announces results of check point on Law Street

By Howard B. Owens

The Batavia Police Department conducted a check point on Law Street from 10 p.m. Friday to 2 a.m. Saturday and released details on the enforcement action today.

Two people were arrested for alleged DWI, one person for alleged operation of a vheicle while under the influence of drugs and another person for alleged unlawful possession of marijuana.

The following arrests were made:

Julian J. Matla Jr. 46, of 35 Church St., Le Roy, charged with DWI.

Christopher Herman, 30, of 39 Citation Drive, Henrietta, charged with DWI and endangering the welfare of a child.

Shaun P. Murray, 52, of 117 Friar Drive, Rochester, charged with driving while ability impaired by drugs.

Ellen A. Murray, 52, of 117 Friar Drive, Rochester, charged with unlawful possession of marijuana.

Batavia man admits to stealing $106,000 from employer

By Howard B. Owens

Paul R. Tenney, 39, of Batavia admitted in court today that he stole more than $106,000 from his  employer, Elcon, Inc..

Under terms of the plea agreement, Tenney could be sentenced to five years probation and either six months in jail, or a four-month intermittent term, plus he could be required to repay the stolen $106,000.

Judge Robert Noonan released Tenney from jail following his guilty plea. Between now and his sentencing, Tenney will be under the supervision of Genesee Justice and must abide by a curfew from 6 p.m. to 6 a.m.

The jail sentence is the maximum time, under statute, that a convict placed on probation by a judge can be required to do, according to District Attorney Lawrence Friedman.

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

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