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Law and Order: Medina man accused of threatening to burn down house of Pearl Street Road resident

By Billie Owens

Morgan Lee Cox Jr., 27, of Bates Road, Medina, is charged with aggravated harassment in the second degree. He was arrested on June 15 for allegedly threatening over the telephone at 2:20 a.m. on June 14 to burn another person's house down who lives on Pearl Street Road in Batavia. He was released on an appearance ticket and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy James Stack.

Nicole Jean Andrews, 37, of Boone Street, Buffalo, is charged with: third-degree burglary; possession of burglar tools; criminal tampering in the third degree; attempted petit larceny, and sixth-degree conspiracy. Jacquline M. Ross, no age or address provided, is charged with attempted petit larceny and sixth-degree conspiracy: At 3:04 p.m. on June 12, the GC Dispatch Center received a call of shoplifting in progress at a department store on Veterans Memorial Drive in Batavia. Following an investigation, the defendants were arrested. Andrews was arraigned in Batavia Town Court and jailed without bail. Ross was issued an appearance ticket and is due in Batavia Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Sgt. Andrew Hale and Investigator Chris Parker.

Herbert B. Gennis, 25, of Raymond Avenue, Batavia, is charged with second-degree harassment and endangering the welfare of a child. He is arrested at 12:58 p.m. on June 15 on Holland Avenue in Batavia, incident details not provided, and issued appearance tickets for June 25 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Malik I. Ayala, 27, of Holland Avenue, Batavia, is charged with petit larceny. He was arrested on June 14 for allegedly stealing items from a store on East Main Street in Batavia at 7:49 p.m. on April 9. He was issued an appearance ticket and is due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay.

Alexandra R. Lasky, 29, of Seven Springs Road, Batavia, was arrested on a Batavia City Court warrant for failure to appear after she was located during a traffic stop in Monroe County on June 16. She was arraigned in Batavia City Court and jailed in lieu of $500 cash bail or bond. The case was handled by Batavia Police Officer Stephen Quider.

Le Roy PD reminds citizens to lock vehicles, citing increased thefts over past two weekends

By Billie Owens

From the Le Roy Police Department:

The Le Roy Police Department wishes to remind all citizens to lock their vehicles when not in use, especially during the overnight hours.

This reminder comes as the Le Roy Police Department has seen an increase in larcenies from unlocked cars in the overnight hours over these past two weekends.

Larcenies have occurred on Wolcott Street, North Street and an attempted larceny occurred on Gilbert Street.

Anyone having information as to these larcenies or who has had a larceny but did not report it is asked to call the Le Roy Police Dispatch at 585-345-6350.

Batavia man accused of selling crack cocaine

By Howard B. Owens
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      Carlos Samol

A 54-year-old Batavia man has been accused of selling crack cocaine to agents of the Local Drug Task Force. 

Carlos "Sinbad" Samol, of Elm Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts criminal possession of a controlled substance, 3rd.

Samol was picked up Sunday morning on a sealed Grand Jury indictment by Batavia PD while they were investigating an unrelated matter.

The suspect allegedly sold a quantity of crack cocaine an undercover agent on two separate occasions.  

He was arraigned in County Court and jailed on $15,000 bail or $30,000 bond.

Law and Order: Man accused of punching woman in the nose, pushing her down after argument on Fargo Road

By Billie Owens

Edward James Leddick, 23, of Cheektowaga, is charged with second-degree harassement. At 12:39 a.m. on June 17 Leddick was arrested following an argument on Fargo Road in the Town of Darien. It is alleged that during the arugment, Leddick struck a female in the nose and pushed her to the ground. He was issued an appearance ticket for Town of Darien Court on July 7. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Eric Duda, 46, of Prestige Crossing, Batavia, is charged with third-degree criminal mischief. At 11:20 p.m. on June 14, deputies responded to Prestige Crossing in the Town of Batavia for a reported criminal mischief complaint. After an investigation Duda was arrested. He allegedly damaged property valued at $300 that belonged to another person. He was issued an appearance ticket and is due in Town of Batavia Court on July 8. The case was handled by Genesee County Sheriff's Deputy Eril Andre, assisted by Deputy Andrew Mullen

Daniel Jon Lewis, 23, of Meadow Farm South, North Chili, is charged with second-degree assault. He was arrested on June 11 for an assault that allegedly occurred at 10:09 p.m. on June 10 while he was incaracerated in the Genesee County Jail. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Kelly James Rhim, 40, of Coven Street, Rochester, is charged with second-degree assault. He was arrested on June 11 for an assault that allegedly occurred at 9:49 p.m. on June 10 while he was incarcerated in the Genesee County Jail. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Nine arrests reported at Saturday's Zac Brown concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Department during the Zac Brown Concert at Darien Lake Performing Arts Center on Saturday.

Caleb J. Muhs,18, of Hoover Road, Rochester, arrested on a charge of harassment 2nd and resisting arrest after allegedly pushing and shoving a deputy and then physically resisting the arrest.  Muhs was arraigned in Darien Court and remanded to jail in lieu of $500 bail.

John S.A. Fichter, 20, of Carrie Marie Lane, Hilton, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return. 

Erika C. Russell, 21, of Thorndyke Road, Rochester, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return. 

Megan E. Motkowski,19, of Millford Crossing, Penfield, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return.

David m. Odojewski, 27, of Enola Avenue, Kenmore, arrested on a charge of disorderly conduct after allegedly fighting with Live Nation Security while being ejected from the concert. 

Jonathan J. Curry, 30, of Lehavre Street, Cheektowaga, arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

Matthew R. Worley, 19, of Route 64, Ionia, Pa., arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

A 17-year-old of Olde Post Rider Trail, Greece, NY arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Britney L. Emmick, 22, of 14th Street, Troy, NY arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Rochester man with drug-dealing criminal history accused of selling crack locally

By Howard B. Owens
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       Lorenzo Terry

A 51-year-old Rochester resident has been arrested by members of the Local Drug Task Force, accused of selling crack cocaine in and around Genesee County.

Lorenzo A. "Tone" Terry, of Lang Street, Rochester, is accused of selling crack on three separate occasions to an agent of the task force over a six-month period.

Terry, the subject of an arrest warrant, was arrested on Batavia PD a week ago when he was spotted walking in the City of Batavia.  

The suspect has served four prior prison terms, going back to 1992, for drug possession and sales.

Judge Charles Zambito ordered Terry held in the Genesee County Jail on $50,000 bail or $100,000 bond.

Grand Jury Report: Man indicted on 10 felonies in Bergen teen case

By Billie Owens

Guillermo J. Torres-Acevedo is indicted for the crime of second-degree rape, a Class D violent felony. He is an adult accused of engaging is sexual intercourse with a person under 15 years old sometime during October at or near the County Meadows Manufactured Home Community in the Town of Batavia. In count two, he is accused of the same crime during September or October, on a different occasion. In count three, he is accused of the same crime in October while in the parking lot of a hotel in the Town of Batavia. In count four, he is accused of the same crime sometime between Nov. 25 and 26 in the Town of Batavia. In counts five, six and seven he is accused of criminal sexual act in the second degree, also a Class D violent felony, for allegedly engaging in oral sexual conduct with a person under age 15 sometime during October or November in the Town of Batavia on three different occasions. In count eight, Torres-Acevedo is accused of another count of criminal sexual act in the second degree, for allegedly engaging in oral sexual conduct with a person under age 15 sometime between Nov. 25 and 26 in the Town of Batavia. In count nine, the defendant is accused of second-degree kidnapping, a Class B violent felony, for allegedly abducting a person in the Town of Bergen on Nov. 29. In count 10, he is accused of second-degree criminal contempt, a Class A misdemeanor, for intentionally disobeying a court order of protection to stay away from the victim. In count 11, the defendant is indicted for endangering the welfare of a child, a Class A misdemeanor, for acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17. In count 12, Torres-Acevedo is indicted for the crime of first-degree custodial interference, a Class E felony. It is alleged in count 12 that on Nov. 29, the defendant unlawfully took a child from her lawful custodian and removed her from the state. In count 13, he is accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly taking a 2012 Dodge Journey without the owner's consent.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 22 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Marquise L. Lee and Derek E. Wilcox are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on March 27 in the City of Batavia that they knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Christopher L. Burns is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 16 in the Town of Le Roy that he drove a 2014 Fiat on Route 5 while intoxicated. In count two, burns is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, Burns is accused of having been convicted of DWI, as a misdemeanor, on Sept. 24, 2012 in County of Monroe Court and that conviction is within 10 previous to the crimes alleged in the current indictment.

Shah L. Zajic is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 27 in the Town of Le Roy that Zajic drove a 2012 Toyota on Route 19 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Zajic is accused of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 14, 2017, in City of Batavia Court and that conviction is within 10 years of the crimes alleged in the current indictment.

Man admits violating order of protection, accepts plea deal

By Billie Owens

Douglas Scott Sprague accepted a plea deal in Genesee County Court Friday afternoon on a charge of first-degree criminal contempt, a Class E felony.

He admitted to intentionally violating a court order of protection on April 9 in Alabama. He was previously convicted of second-degree criminal contempt in October of 2014 in Town of Oakfield Court for violating an order of protection.

The 53-year-old native of McDonough, who finished the 11th grade of high school, is considered a second felony offender for sentencing purposes.

Judge Charles Zambito ordered a presentencing report and an order of protection for one year for the victim.

Bail is continued at $2,500 cash or $5,000 bond for Sprague, who appeared in court with his head shaved, with a goatee, and wearing orange jail clothes to waive the indictment against him.

Sentencing is scheduled for the morning of Wednesday, July 24.

Man accused of brutally beating Batavia native to death rejects plea offer, July 22 trial date set

By Billie Owens

About a dozen family members and friends of murder victim Raymond Morgan were in Genesee County Court this afternoon when the man accused of killing him rejected a plea offer, opting instead to take the case to trial and face up to 25 years to life in prison.

Richard D. Hanes (inset photo, right), head shaved, constrained by shackles and wearing orange jail clothes, swiftly entered the courtroom when the side door swung wide open, and was told by a deputy to take a seat next to his attorney, Frederick Rarick.

The 36-year-old former Orleans County resident is accused of beating Morgan to death in his apartment at 111 Liberty St., Batavia, on July 24. He is charged with murder in the second degree, a Class A-1 felony, and has pled not guilty.

Under the plea offer, Hanes faced a minimum of 15 to 20 years in state prison.

Rarick told Judge Charles Zambito that he discussed the plea offer with his client and Hanes rejected it.

Zambito said today was the plea cut-off date and after today the offer would no longer be available and he asked Rarick if his client understood that. Rarick said he did.

Zambito also cited the "severe brutality" exhibited in this case and then set a trial date of Monday, July 22, with jury selection to begin the week before.

With the trial date set and the case dismissed, Morgan's loved ones abruptly stood and left the courtroom, causing a commotion as they did so. A couple of young women shouted out homophobic slurs and one said "Scumbag! Hope you get 25 years to life!"

A deputy quickly followed the group outside, telling them not to shout out.

One woman sobbed uncontrollably outside the courtroom as others tried to comfort her.

Investigators in the case have said the attack on Morgan was "exceptionally violent" and it happened "in an extremely short period of time." The motive, if there was one, was not clear, but detectives say they believe the attack was planned.

Hanes has been in custody since July 26, two days after the murder, on an alleged parole violation. He is being held at the Attica Correctional Facility.

In 2003, he was convicted in Orleans County of burglary, 3rd, attempted robbery, 2nd, and grand larceny, 4th. His parole on those charges expires Dec. 7.

In November, a Batavia police spokesman said Hanes was living at 5 Thorpe St., Batavia, a rooming house for clients of GCASA, at the time of Morgan's murder. (For previous story, click here.)

District Attorney Lawrence Friedman previously told The Batavian that there were witnesses in the area at the time of the murder who identified Hanes as the attacker. He said the people's case also includes scientific evidence, items of physical evidence, and surveillance video from various locations that follow Hane's path after the crime.

Morgan was a 47-year-old Batavia native with a large, tight-knit family that includes five grandchildren and many friends.

Law enforcement pursuing multiple motorcycles in Corfu area

By Howard B. Owens

Multiple law enforcement units are in pursuit of multiple motorcycles in the area of Corfu and Darien.

The motorcycles broke up in multiple directions with at least one heading north, one south, and one heading west into Erie County.

The riders have been identified as members of a motorcycle club.

One rider sideswiped a truck and took off a mirror.

One rider entering the Village of Corfu was fleeing in excess of 100 mph. The bikes are passing on the right and on the center line.

One westbound rider is described as a black male on a red motorcycle.

UPDATE 2:04 p.m.: The northbound motorcycle turned off of Route 77 and is now west on Route 5 and entering Erie County. Erie County does not have a car close to the chase area.

UPDATE 2:05 p.m.: The deputy in pursuit of the motorcycle on Route 5 in Erie County is breaking off the pursuit. 

UPDATE 2:08 p.m.: A deputy is apparently with one rider who had been part of the group and is running his identification. There is reportedly a rider who is part of the club at the security office at Darien Lakes. One deputy reports, "I had a total of four take off on me." Another says there was a group of five he was behind, and one he stopped.

UPDATE 2:16 p.m.: At least one rider was seen stopping to change clothes and is now wearing a black jacket with an orange shirt. He is described as a black male in his mid-40s. At least one of the plates of the bikes involved is from Maryland.

UPDATE 2:56 p.m.: Another rider was spotted going into Erie County at a high rate of speed -- a black male, black helmet, red bike.

Judge shows little leniency for man who admitted to multiple business burglaries in Batavia

By Howard B. Owens
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Christopher Sprague

Judge Charles Zambito was in no mood today to give a Batavia man with prior burglary convictions and an admission to a string of burglaries in the City of Batavia late last year much of a break on his sentence in County Court.

Christopher Tyler Sprague, 25, will serve at least three and a half years in state prison and could serve as much as seven, under the terms of his sentence today.

Zambito could have given Sprague up to 15 years in prison but chose not to make his sentences consecutive on his conviction on two counts of third-degree burglary.

Sprague was arrested in January, accused of burglarizing several businesses in Batavia in December.

He also served a stint in state prison on a burglary conviction in 2012 and was arrested on burglary charges in 2016 and served a term in prison on a felony criminal mischief conviction.

Today, Sprague vowed he was ready to turn his life around and asked for a second chance.

"If you can't show me mercy, please do it for my fiancée, my siblings, and my mother," Sprague told Zambito. "Please consider a Willard (rehabilitation) sentence so I can get home as soon as possible and help me get help and get into rehab.

"Your honor," he added, "I'm sincerely ready and willing to change, to change my life around."

Sprague said he had a job on a farm waiting for him once he's out of jail and that he intended to fully compensate his victims.

"I feel horrible for the acts I did and I take full responsibility for what I did," Sprague said.

Zambito said the defendant's criminal record left him unconvinced that he could rely on Sprague to really turn his life around.

"I look at your record and you tell me you've turned a new leaf and you're going to take care of your substance abuse problem but you've already served multiple state sentences for burglary," Zambito said.

Zambito also ordered Sprague to pay restitution, with interest, of $3,897.48, in increments of $100 a month starting 60 days after his release from prison.

Sealed grand jury indictment dismissed after DA reveals stenographer improperly spoke with grand jurors

By Howard B. Owens
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       Malik Ayala

For the second time this year, the actions of a stenographer in the Grand Jury room is causing difficulties for District Attorney Lawrence Friedman in the Genesee County Courtroom.

Today, Friedman moved to have what had been a sealed indictment on burglary, trespass, and forgery charges dismissed because a stenographer spoke to grand jurors about the case while the prosecutor was out of the room.

Friedman must now have a new grand jury hear the case against Malik Ayala at a later date.

Ayala was in court today to deal with matters related to his pending case -- criminal possession of stolen property -- and he was also arraigned on these new charges from the sealed indictment.

The counts in the indictment were burglary, 2nd, criminal possession of stolen property, 3rd, and forgery.

Immediately after the charges were read, Friedman made a motion to dismiss the indictment because a court stenographer had jeopardized the integrity of the proceeding. 

Freidman said he had previously informed Public Defender Jerry Ader, who is representing Ayala, that he would move to have the indictment dismissed but with the court's permission to resubmit the case to a grand jury.

He gave Ader a choice -- to present it to the current grand jury, which is the one that heard the case the first time, or waits for a new grand jury to be empaneled.

Ader asked that the case be presented to a new grand jury.

In March, Friedman revealed during another court proceeding that a stenographer had been using an audio recording device on her machine to record grand jury proceedings.

Friedman had another appointment after Ayala's case and was not immediately available for questions, so we don't know if this is the same or a different stenographer.

Ayala was arrested in November along with his brother TeeSean Ayala after the two men were stopped in a car that had pulled into the driveway of County Manager Jay Gsell where they reportedly tried to dispose of a handgun.

During today's proceedings, Judge Charles Zambito told Ayala that he had been informed that Ayala had violated the terms of his release-under-supervision contract. He said that Ayala is accused of testing positive for marijuana and alcohol consumption May 7 and May 14, and for marijuana, cocaine, and alcohol May 28, and that he was arrested on a petit larceny charge June 7.

Zambito had the option to terminate his release under supervision but based on updated reports from Horizon the judge decided it was better to allow Ayala to continue treatment. He warned Ayala that if there are further violations, he would put Ayala in jail and impose bail.

Ayala's status could change when and if a new grand jury indictment is returned.

Three men arrested on drug charges appeared in GC court this morning

By Lauren Leone

The cases of three men arrested on drug charges in Batavia were heard in Genesee County Court this morning.

Jarett Locicero, of West Main Street, Batavia, (inset photo right) has been released on bail under supervision.

Locicero is charged with: criminal sale of a controlled substance, 3rd, a Class B felony; criminal possession of a weapon, 3rd, a Class D violent felony; and two Class A misdemeanors -- criminally using drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th.

He was arrested in May by the Local Drug Enforcement Task Force and is accused of selling fentanyl to a task force agent; and he was allegedly found in possession of an illegal knife, a crack cocaine smoking device and suboxone.

Darius AKA "D" L. Jones (inset photo left) was arraigned and entered a plea of not guilty to charges of criminal possession of a controlled substance in the third degree, a Class B felony; and criminal possession of a controlled substance, 7th, a Class A misdemeanor.

On Feb. 22, the 27-year-old resident of Dewey Avenue, Rochester, was reportedly found in possession of a quantity of fentanyl, crack cocaine and cash at a residence on Hutchins Street, Batavia.

Jones was arrested by the Local Drug Enforcement Task Force and his bail was set at $50,000 bail, which Judge Charles Zambito continued today.

Marquise Lee, of Hobart Street, Rochester, (bottom right inset photo) is charged with criminal possession of a controlled substance, 3rd, a Class B felony; and criminal use of drug paraphernalia, 2nd, a Class B misdemeanor.

At his arraignment, his attorney Marty Anderson said his client pleads not guilty.

On March 27, probation officers allegedly found 56 bags of crack cocaine at a house on Liberty Street, Batavia. Lee was one of five individuals arrested as a result of the investigation.

Lee’s $40,000 bail bond was also continued by Judge Zambito.

Attorneys in Antwan Odom case bicker in court over statements to reporters

By Howard B. Owens

In the case of the People v. Antwan Odom, the District Attorney wants the defense attorney to shut up -- at least when it comes talking to reporters -- and the defense attorney wants the DA disqualified from the case.

In other words, the case of the People v. Antwan Odom has been reduced to two attorneys squabbling about what happens outside the courtroom.

The attorney vs. attorney dispute dates back to May 3 when Odom's attorney Frank Housh told reporters that he would defend his client by trying to show jurors that the fellow student Odom allegedly stabbed on Ross Street on Aug. 4.

In court on May 3, Housh said he intended to file a motion to get evidence introduced, in order to mount a self-defense claim, that impeached the character of Ray Leach, the local football star Odom allegedly cut with a knife multiple times, so outside of court, reporters asked him to clarify his motion.

"The fact that Ray Leach is known in the community to be a violent person, to be a confrontational person, who confronted (Odom) -- by the prosecution's own admission -- he was the first aggressor," Housh said outside of court on May 3. "He went to my client's house and called him out and beat him into unconsciousness.

"So, under those circumstances, to say, when the prosecution is admitting that he was the first aggressor, to say that his history of violence and intimidation is irrelevant is simply absurd. We should be able to bring that up because it goes to the circumstance of his justification."

District Attorney Lawrence Friedman included the quote in a May 8 filing with the court requesting a gag order on both attorneys in the case.

In court today, Housh also revealed that Friedman filed a grievance against Housh with the state courts for "unprofessional conduct."

"Now I feel there is a parallel prosecution by the elected District Attorney of me and my client," Housh said. 

He said that raises a sufficient conflict of interest that Friedman should be disqualified from continuing as the prosecutor on the case.

That motion was continued until Odom's next court appearance on July 2.

Friedman, according to court discussions today, filed a one-sentence objection to the motion for disqualification.

Today, Friedman complained to Judge Charles Zambito that Housh was trying to get him disqualified from the case for following through on his ethical obligation to file a grievance over what he saw as unprofessional conduct.

Friedman said that as far as he knows nobody is prosecuting Housh and that he is not prosecuting Housh by following his "ethical obligation to report ethical misconduct."

"He says I'm seeking his disbarment," Friedman said. "I'm not seeking his disbarment. I followed through on the ethical obligation I have. All I wish to do is make sure he is able to remain professional and does nothing to violate professional conduct."

In his filing with the court, Friedman asserted that Housh's statements about Leach violated the rules of professional conduct, specifically the rule that prohibits attorneys from making statements could prejudice a jury, including statements relating to the character or credibility of a witness.

In the Order to Show Cause, Zambito ordered Housh and Friedman to show why they shouldn't be barred from "making statements to the media regarding anything involving this case."

The Batavian has filed a memo with Zambito objecting to the order. While judges in criminal cases can restrict what attorneys can say to the media, such orders, according to prior case law, can't be overly broad; can't apply to parties other than the attorneys in the case; and should consider how much time before the trial the statements are made.

In addition, both attorneys can use the jury selection process to identify potential jurors who should be disqualified because media exposure has tainted their view of the case. 

Gag orders can act, courts have found, as a form of prior restraint (the government censoring speech before the speech is made), which violates the First Amendment. 

While cases such as Gentile v. State Bar of Nevada have given courts leeway to restrict speech by attorneys because of their special access to information, in order to issue a gag order, courts have ruled that: a judge must make specific findings; consider less drastic alternatives; and narrowly tailor the order to address identified harm.

(For support of statements about gag orders in this story, see this brief filed by attorneys for the Reporters Committee for Freedom of the Press in another criminal case).

Courts have repeatedly found that a free press is essential to ensure fair trials, as in the 1965 case, Sheppard v. Maxwell.

"A responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field," the Supreme Court said in its ruling. "The press does not simply publish information about trials, but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny.’’

In CBS Inc. vs. Young, a case that vacated a gag order, the court found that the newsgathering rights of a free press extend beyond the courtroom to include access to sources and court documents.

Asked to comment on the gag order by Zambito, an attorney for the Reporters Committee for the Freedom of the Press, Sarah Matthews, provided the following statement:

Although courts may restrict what attorneys can say about a case outside the courtroom, it raises First Amendment concerns when courts issue broad gag orders on attorneys that go beyond what the ethics rules require and actually bar any discussion of a case.

Meanwhile, Housh has shown he's fearful of even being seen nodding in the direction of a member of the press since Zambito issued the Order to Show Cause.

A few days after the order was delivered, a reporter ran into Housh at a local restaurant and Housh made it clear he didn't want to be seen talking to the reporter, and today when that reporter entered the courtroom and gave Housh a friendly wave, Housh shook his head as if to say, "don't even wave at me."

Law and Order: Holland Avenue woman accused of trying to withdraw $1,500 from person's bank account

By Billie Owens

Cassidy Jane Hackett, 21, of Holland Avenue, Batavia, is charged with fourth-degree attempted grand larceny. It is alleged that at 1:23 p.m. on May 9 that Hackett attempted to withdraw $1,500 from a person's bank account. She was arraigned, released on an appearance ticket and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Jessica Nicole Weiss, 28, of West Main Street Road, Batavia, is charged with petit larceny and endangering the welfare of a child. Weiss was arrested after allegedly stealing merchandise from Walmart at 2:29 p.m. on June 10 while her 8-month-old son and 3-year-old daughter were with her. She was issued an appearance ticket for June 27 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Batavia man accused of Speedway robbery enters guilty plea

By Lauren Leone

Daryl Leach agreed to a plea deal this afternoon in Genesee County Court after being charged with the Feb. 26 robbery of the Speedway at Oak and Main streets, Batavia.

The 38-year-old Batavia resident entered a guilty plea to robbery, 3rd, and faces two to four years in prison.

Leach was found by investigators at a location on Swamp Road after the alleged robbery and was taken into custody.

Leach will be sentenced as a second-felony offender due to previous conviction and incarceration.

Judge Charles Zambito scheduled sentencing for 9:15 a.m., July 16, in Genesee County Court.

Law and Order: Man accused of screaming sexual obscenities, making sexual gestures to public then threatening to shoot cops

By Billie Owens

John J. Saddler, 31, no address provided, is charged with disorderly conduct with obscene sexual language and gestures. It is alleged that at 10:51 a.m. on June 7 on Jerome Place in Batavia that Saddler was observed outside screaming sexual obscenities and making sexual gestures toward the public. He was arrested and released on an appearance ticket and is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Peter Post. While officers were attempting to speak with Saddler about the disturbance he allegedly caused moments earlier, he became belligerent and allegedly said he was going to shoot Batavia city police officers. He was then charged with second-degree harassment and is also due to answer that charge on June 11 in city court. Batavia Police Officer Peter Post handled the incident, assisted by Officer Miah Stevens.

Sean M. Madigan, 33, of Collegeview Drive, Batavia, is charged with forcible touching and unlawfully dealing with a child. Madigan was arrested after an investigation of an incident which occurred at a restaurant in the Home Valu Plaza on West Main Street Road in Batavia at 6 p.m. on Dec. 27. It is alleged that while he was working at the restaurant, he subjected an employee to unwanted physical contact and provided alcohol to subjects under age 21. After his arraignment in Batavia City Court, he was issued an appearance ticket and is due back in court on June 18. The case was investigated by Batavia Police Officer Kevin DeFelice.

Carlton L. Beardsley, 24, of West Main Street Road, Batavia, and Brittany M. Smith, no age or address provided, are charged with obstruction of governmental administration. It is alleged that at 4:08 p.m. on June 3 on West Main Street in Batavia, that they fought with police while police were investigating a reported assault that had occurred on West Main Street. They are due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Jason Davis.

Shaneeka R. Wroten, 26, of Ellicott Street, Batavia, is charged with petit larceny. Wroten was arrested on East Main Street in Batavia at 6:53 p.m. on June 6 after allegedly proceeding beyond the point of sale at a local store without paying for merchandise. She was issued an appearance ticket and is due in Batavia City Court on June 18. The case was handled by Batavia Police Officer Stephen Quider.

Jessica M. Pfenninger, 36, is charged with petit larceny. She was arrested at 12:41 p.m. on June 6 after police investigated a shoplifting complaint at Dollar General on East Main Street in Batavia. Pfenninger was issued an appearance ticket and is due in Batavia City Court on June 18. The case was handled by Batavia Police Officer Peter Post.

Crystal M. Bouter, 30, of Church Street, Medina, is charged with failure to appear in court on April 3. She was arrested on a warrant and issued an appearance ticket for June 11 in Batavia City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Law and Order: Jail inmate accused of clogging toilet, causing flood that damaged inmate phone system

By Billie Owens

Kevin Waleski, 31, an inmate in the Genesee County Jail, is charged with second-degree criminal mischief, a Class D felony. He is accused of damaging the jail inmate phone system on April 23. It is alleged that on that date he plugged the toilet in this holding cell, causing a flood. The water ended up in the basement of the jail and shorted out the phone system electronics, according to Genesee County Sheriff William A. Sheron Jr. He was arraigned on the charge June 3 and jailed without bail.

Jessica Nicole Weiss, 28, of Main Street Road, Batavia, is charged with two counts of endangering the welfare of a child. Following a child endangerment complaint at a local motel at 4:20 p.m. on June 5, Weiss was arrested on the charges. She allegedly left her young children alone in their residence for a period of time. Weiss was issued an appearance ticket and taken to jail for prints and photos. She is due in Town of Batavia Court on July 1. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

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