crime

Le Roy Police have arrested a 31-year-old village resident suspected of child sexual abuse.

Gregory A. Jones, of 34 Main St., Apt. #1, Le Roy, is charged with two counts of predatory sexual assault against a child, a class A-II felony.

The alleged victim is under 13 years old.

Included in the predatory sexual assault charge are accusations of a criminal sexual act, 1st, formerly known as sodomy, and coarse sexual conduct against a child, 1st.

The alleged crimes occurred over an 11-month period at his residence on Main Street.

The investigation was conducted by Det. John Condidorio and the Department of Social Services.

Jones was jailed without bail.

Assisting in the case were the Genesee County Advocacy Center, the District Attorney’s Office and the New York State Police Computer Forensic Unit.

While the acquittal of Scott Doll on a promoting prison contraband charge is surprising, said Sheriff Gary Maha, he remains confident that it was Doll who brought a balloon filled with aspirin into the Genesee County Jail on May 20.

"You never know what goes on in a jury's mind," said Maha. "Who knows, maybe they felt sorry for him because he's been convicted of murder and they thought, 'what's this silly little charge?'"

The implication of the defense was that a member of the Sheriff's staff provided Doll with the powdered aspirin. It's a notion that Maha rejects, saying that all of the officers who came into contact with Doll the day he was convicted of killing Joseph Benaquist are professionals who know the regulations.

"We might have to look at the particulars and do some review," Maha said. "We might need to remind our guys to do a more thorough search of incoming inmates."

The initial report released by the Sheriff's Office said that Doll had the green balloon of white powder concealed on his body. But the only evidence introduced at trial was that the first time anybody saw a balloon was when it was sitting on a holding cell bed and Doll was already covered in white powder with more on the floor and the sink.

Maha said he was told from the beginning that the balloon was found on Scott Doll. He said he would ask his investigators about the discrepancy.

He doesn't believe, however, that any policies or procedures need to be changed. The fact that Doll wasn't convicted is more a matter, he indicted, that defense attorney Dan Killelea did a good job of creating reasonable doubt.

Maha agreed with Assistant District Attorney Robert Zickl's closing argument that if any department official was going to give Doll aspirin, why crush it up first? Why not just hand him a bunch of tablets?

"There's no possible way one of our guys gave it to him," Maha said. "That's totally ridiculous. I think he (Killelea) probably wanted to create doubt.

"As far as I know," Maha added, "we did everything right. It should have been a slam-dunk."

Inset photo: File photo of Sheriff Gary Maha.

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

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

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

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

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

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

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

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

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

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

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

Today's coverage:

• No proof Doll brought contraband into jail, defense contends
• Doll's attorney suggests corrections officer at jail was source of aspirin

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The green balloon was laying empty on the bed.

It turned out that the white powder was aspirin.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Scott F. Doll is back in Batavia this afternoon, dressed in tan slacks and a new, white, unironed shirt, listening to attorneys question prospective jurors in his newest criminal case.

Doll allegedly tried to smuggle a white powdery substance into the Genesee County Jail on May 20, the day he was convicted by a jury of murdering 66-year-old Joseph Benaquist in February 2009.

It turned out the substance, reportedly stashed in a purple balloon concealed on his body, was nothing more than aspirin.

But even aspirin can't be brought into a jail without permission.

Currently, Doll is living in Fallsburg at the Sullivan Correctional Facility.

Sullivan is an all male, maximum-security prison just north of New York City.

Doll is serving a 15-years-to-life sentence.

Dan Killelea, part of Doll's legal team for the murder trial, is representing Doll in the alleged "promoting prison contraband" case.

More than 30 prospective jurors crowded into Batavia City Court at 1 p.m.

A jury for a misdemeanor allegation in city court is comprised of six people with only one or two alternatives. The number of challenges each attorney can make is reduced to three, so jury selection shouldn't last past this afternoon.

The trial is on the docket for Tuesday at 9:30 a.m.

A former corrections officer who admitted to workers compensation fraud will spend a couple of more months in jail before serving five months of probation, but the stiffest penalty he may face is paying back the nearly $38,000 he still owes the state.

James S. Gibbs has completed two months in county jail and will serve another two months before being released on probation, Judge Robert C. Noonan ruled today.

In May, Gibbs admitted to charges of grand larceny and attempted workers compensation fraud. He also agreed to more than $40,000 in restitution, with $20,000 payable before his sentencing.

Since then he's allegedly violated the terms of his presentencing release by getting arrested in Monroe County on a possession of a controlled substance charge, and he's been through a divorce in which the couple lost their home.

Rather than a $20,000 payment, Gibbs has paid only $3,003.13.

Over the five years of his probation, his attorney Thomas Burns noted, paying back nearly $38,000 would work out to more than $600 per month, which Burns said seemed like a steep amount to expect Gibbs to pay back (among other expenses, Gibbs must pay child support). He asked for payments of $175 per month.

Even District Attorney Lawrence Friedman acknowledged that asking Gibbs to pay back the full amount in five years was a tall order.

"We ask that you set whatever maximum amount you deem appropriate," Friedman said.

Noonan noted that Gibbs was a good wage earner before his arrest, even in his side job -- driveway paving. He set the monthly payment at $200 per month and ordered that restitution be reviewed next summer.

For previous coverage, click here.

Ronald J. Wendt, the 25-year-old Alexander man convicted of drunken driving and taking the life of a Dansville girl, will spend at least another 15 months in prison and could end up serving a total of seven-and-a-half years behind bars.

Wendt was sentenced in Genesee County Court today on his 11 convictions stemming from the fatal accident in Darien Center on Aug. 14, 2009.

Katie Stanley, 18, died in the crash that also injured three other people, and two of them say they continue to have medical problems.

The top count of Wendt's charges was aggravated vehicular manslaughter, which carries a maximum sentence of 25 years.

Judge Robert C. Noonan sentenced Wendt to two and a half to seven and a half years on that count, and Wendt has already been in Genesee County Jail for 13 months, leaving a minimum of 15 months to serve.

On the other 10 counts, Wendt received concurrent sentences ranging from one year to two-to-six years. (For a list of the counts the sentencing options available to Noonan, click here.)

Noonan called the case a tragedy and noted, as did Friedman, that the underlying DWI charge was no more serious than what hundreds of people in Genesee County face every year. If there had been no accident, Noonan said, and Wendt was still arrested, he probably would have faced a misdemeanor DWI case, have it reduced to a violation and have served no jail time.

"You wouldn’t be standing here and you wouldn’t be facing a prison sentence, but unfortunately your conduct did lead to some serious consequences and I intend to impose a serious prison sentence," Noonan said.

Noonan noted that when he was a young prosecutor, a BAC needed to be a .12 and now it's .08, but a deputy Noonan used to know warned all the time about the dangers of people driving with a .07 or .08 BAC.

"As that expert deputy said, a .08 of BAC has a limitation on their motor skills or shortcomings of their perceptions in operating a motor vehicle, and therefore they engage in conduct that endangers the public," Noonan said. "That's what you did here."

Anybody who drinks and drives could wind up in Wendt's situation, said Friedman.

"They all think it could never happen to them, but it does," Friedman said. "That's why we have these laws. The consequences of this case are far worse than anything we’ve seen from a DWI case in this county in a long ling time. I hope it says that way."

Wendt's defense attorney Thomas Burns said Ron is remorseful.

"This has never been anything other than terrible tragedy," Burns said. "From the onset, from his first statement to Deputy Wescott, Ron has been willing to accept responsibility for his actions."

Wendt made only a short statement when asked by Noonan if he had anything to say.

"I would just like to say there isn't a minute that I don't wish I could take that whole day back," Wendt said. "I don’t know how to express how terrible I feel about this whole incident."

Burns, Friedman and Noonan all praised families on both sides of the case who have shown a good deal of class, composure and grace throughout the case.

Paul Mahus, father of Gabby Mahus, who was a back-seat passenger in the vehicle that hit Wendt's truck as it turned left into the parking lot of My Saloon, read a statement from his daughter. 

She's suffered from debilitating headaches since the accident and a good deal of emotional trauma.

"I’m always thinking that Katie could have been doing fun things with us if she was still alive," Paul read from Gabby's statement.

But Mahus, like statements from Rachel Enderle, who was driving the car that hit Wendt's truck, and her cousin Timothy Enderle, also a passenger in the car, did not ask for any specific sentence for Wendt, no call for the maximum term.

"I don’t’ have feeling of hatred toward Ronald at all," said Rachel, through Timothy, who read her statement.

The statement detailed the pain Rachel has suffered because of her foot injury, which still makes it painful for her to walk and has been upsetting to her young daughter.

She did suggest that Wendt be required to speak to groups about drinking and driving and that "I don't want him to forget about it."

After court was adjourned, Timothy Enderle said he was comfortable with the decision.

"I think justice has been served," said Enderle. "Now both of our families can move on."

Friedman met with the families after the sentence and said nobody raised any concerns about the length of the prison term for Wendt.

"As you saw, I didn't ask for any particular sentence," Friedman said. "I didn't feel it was necessary. The court certainly heard from the victims in the case. You said, 'on the lighter side.' It could have been less, it could have been more. The judge has to consider many factors. I certainly respect what he did  and the sentence he imposed."

Burns said his client accepted the sentence graciously.

"Given the range of sentences available to the court, I'm pleased the court decided to go to the lower end, toward the minimum," Burns said. "I think it speaks to Ron's lack of prior criminal history, his lack of prior driving while intoxicated offenses."

Darrell Smith, 43, of Queens Drive, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and improper stopping on a highway in the Town of Alexander. Smith was arrested following a report of a one-car accident at 3:32 a.m. on Oak Street in the City of Batavia. Smith allegedly fled the scene of the accident in his car. Smith also faces charges in the city for allegedly leaving the scene of a property damage accident, moving from lane unsafely and aggravated unlicensed operation.

A 17-year-old from Attica Road, Attica, is charged with criminal possession of stolen property, 5th. The youth was allegedly found in possession of a stolen a black Diamond Back BMX-style bicycle. The bicycle had been reported stolen from a person in the Village of Attica on July 3.

Peter J. Gravante Jr., 21, of Townline Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, no license plate lamp and operating without brake lights. Gravante was stopped at 4:08 a.m., Friday, on Route 5, Town of Batavia, by Deputy Kevin McCarthy.

Alexander Kae Zorich, 18, of Batavia-Stafford Townline Road, Batavia, is charged with petit larceny. Zorich is accused of shoplifting from Kmart.

A 16-year-old from Route 20, Alexander, is charged with criminal possession of stolen property. The youth was arrested following an investigation into car break-ins in the Village of Alexander during the night hours of Aug. 6-7. A younger defendant was also arrested, and considered the prime suspect. That case was handed over to family court.

Wesley Herrick Marean, 20, of Bronson Avenue, Avon, is charged with petit larceny. Marean is accused of shoplifting from Kmart.

Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with criminal trespass. Gaulden was allegedly found in a controlled access building at College Village. Gaulden was reportedly barred from the property. On Nov. 4, Gaulden was also arrested for alleged trespass and issued an appearance ticket. For the alleged trespass on Friday, Gaulden was jailed on $500 bail.

Gina Lee Schmidt, 21, of Elm Street, Le Roy, is charged with petit larceny. Schmidt is accused of using a fraudulent check at Walmart.

Peter S. Brigzna, 21, of Townline Road, Bergen, is charged with felony DWI and stopping on a highway. Brigzna was arrested following a report of a car stopped in the middle of the road on Bank Street Road, Batavia, at 6:52 p.m., Friday. Brigzna was allegedly found passed out in the car with the car running and the lights on. He was jailed on $1,500 bail.

Travis J. Schultz, 22, of 3620 Maltby Road, Oakfield, is charged with criminal mischief, 4th. Schultz is accused of recklessly damaging the entry door of Sport of Kings restaurant during a fight with another person.

Clinton A. Anderson, 25, of 8 Walden Creek Drive, Batavia, is charged with criminal contempt, 2nd. Anderson was allegedly involved in a domestic incident with a woman he was ordered to stay away from. He was jailed on $2,500 bail.

Brandon T.C. Johnson, 20, of Culver Road, Rochester, is charged with unlawful possession of marijuana and uninspected motor vehicle. Johnson was stopped at 5:14 p.m., Nov. 3, on Main Road, Corfu, by Deputy Patrick Reeves.

A resident on Pringle Avenue has asked for police to respond to his house.

He says he came home to find his house broken into.  The only thing missing are his keys and his red Chevy Impala.

UPDATE 6:51 a.m.: The car has been located.  The owner's brother borrowed it.  The owner's brother sent a text message saying he was borrowing it, but the owner didn't read the text message.

When the verdict was pronounced, all Kristen Cianfrini could do was cry.

Melissa Engelhardt, who in her mind, had murdered her 21-month-old son, Andrew Cianfrini, was getting away with it.

Even though experts had told Kristen a manslaughter rather than a murder verdict was possible, especially from a reportedly liberal Chumung County judge who would render the decision in a non-jury trial, she didn't want to believe it.

"I just pushed it out of my mind," Kristen said. "I just thought the evidence was there."

And according to Ed Minardo, director of Genesee Justice, who sat with Kristen through the entire trial, it was.

"How can somebody put poison in a sippy cup and over the next 24 hours watch a baby get sicker and not take him to the hospital and that not be depraved indifference?" said Minardo.

George Engelhardt, Melissa's husband, didn't know what his wife was up to, according to testimony, and Melissa resisted his attempts to get her to take Andrew to the hospital. He didn't know Andrew had been poisoned.

"He was devastated (by the verdict)," Minardo said.

Kristen said her former boyfriend and Andrew's father tried to divorce Melissa after Andrew's death, but couldn't because she was pregnant with the couple's second child.

George Engelhardt doesn't currently have a phone. We've contacted him through Facebook seeking comment.

Judge Peter C. Buckley took more than an hour to read his verdict, meticulously going through his reasoning, while the supporters of Andrew Cianfrini grew increasingly fearful as Buckley's line thinking started to become clear.

"It got to the point where it was just like, 'Get it over with and let us get out of here,'" Minardo said. "It was tortuous."

Minardo said Buckley skipped right past evidence that 24-year-old Englehardt had discussed with friends how to poison a toddler, and that she had researched through Google how to poison a baby.

According to Minardo, the judge said that Engelhardt was unable to comprehend the articles she found online because she only has a GED-level education.

Minardo said Buckley put a lot of stock in the fact that Engelhardt had read that convulsions would proceed death in a methanol poisoning, ignoring statements in the same article that death is likely if a person ingests methanol.

"He used the evidence he wanted to support the conclusion he wanted to arrive at," Minardo said.

Engelhardt's whole idea of poisoning Andrew started with the thought, according to Minardo, that she could some how pin it on Kristen. Even if Andrew didn't die, she could get Kristen labeled an unfit and neglectful parent. Then George and Melissa could gain sole custody, and George would no longer be required to pay child support.

If the Elmira resident had been convicted of murder, she could have been locked away for more than 25 years, possibility for life. With a manslaughter conviction, the sentence range is five to 25 years.

"Andrew's not coming back," said his grandmother, Jean Cianfrini. "There is no justice, no matter how long she gets. But if she only gets give years, I don't think this family can handle it."

Minardo is hoping many people from Genesee County write letters to the Chumung County Probation Department asking that Melissa Engelhardt receive a long, if not the maximum sentence. The department is preparing the required report that Buckley will review prior to sentencing.

Minardo said the community could make a difference.

"The fact that he did not find her guilty of murder second doesn't mean he needs to be lenient in the sentence Melissa gets," Minardo said.

A long prison sentence, Kristen said, would help restore some of her damaged faith in the criminal justice system.

Engelhardt is scheduled for sentencing at 1:30 p.m. on Monday, Dec. 6, in Elmira.

Letters for presentencing review can be sent to: 

Brian Dupont
Re: People v. Melissa Engelhardt
Chumung County Probation Department
203 Williams St.
Elmira, NY 14091

Photo: Jean Cianfrini, left, Kristen Cianfrini and Ed Minardo.

County Legislator Jay Grasso says he felt threatened by online postings, and one phone call, from a member of the County Democratic Committee and so he called State Police.

Yesterday, 30-year-old Chris Charvella -- a former candidate for the legislature himself and a frequent contributor to The Batavian -- was arrested and charged with aggravated harassment, 2nd, a misdemeanor.

Today, Grasso said that he felt Charvella had gone too far with some of his postings, but when Jay got a call from his wife, who said she felt fearful after a phone call from Charvella, he couldn't just laugh it off.

"I don't view it as a joke once you call my wife and upset my wife," Grasso said. "When you call my house and threaten my wife, that's going too far in local politics."

The complaint against Charvella reads:

On the aforementioned date, time and place, said defendant did contact the residence of Jerome J. Grasso by leaving a message. The message stated "Hey, Jerome, it's Chris Charvella, thanks for reading my blog."

The complaint is signed by Jay Grasso.

The alleged message is the same one Charvella said he left in a blog item about troopers showing up at his house that he posted on his own website yesterday at 7:55 a.m., more than 24 hours before his arrest.

Today, Charvella, who lost a legislative race to Republican Hollis Upson in 2009, made a two-sentence statement to The Batavian: "You can decide whether or not there is something illegal in there. I obviously don't think so."

The genesis of this particular dispute goes back to just a few days before the Nov. 2 election. Charvella wrote in a blog post that he had shown up to work that morning and found a lawn sign for Republican Mike Ranzenhofer's campaign on his employer's property. He speculated that Grasso had left the sign, giving him the alias, "Sharome Glasshole."

Charvella concluded his post thusly:

"So, to the Genesee County 'sign guy' and the Ranzenhofer campaign: The next time I see an unauthorized sign go up in front of a commercial property, I'm going to harvest the damn thing, march straight down to Republican headquarters and cram it up the first ass I see."

The next day, according to another blog post by Charvella, a Ranzenhofer sign was left in his front yard with a message, "Courtesy of Sharome Glasshole."

It was that message, according to Charvella, that prompted the phone message on Glasso's home phone.

In that post, Charvella raised a number of allegations about Grasso, accusing him of not having a job to pay his bills, having a house go into foreclosure and assaulting a subject while a Sheriff's deputy.

Those are allegations Grasso has heard before and he said today that he can prove he was the victim of identify theft and he is fully prepared for local Democrats to try and use those allegations against him.

Charvella's post concludes with a picture of an Ewok (of "Star Wars" movie fame) and the caption "Prepare Your Anus."

That was a remark that Grasso said he found threatening, adding that the alleged threats have no place in local politics.

"This is local," Grasso said. "We all know each other. We don't need this partisanship. Hopefully, (this case) will cause people to reflect and step back from the politics of destruction."

Photo: File photo of Charvella.

Concerned citizens who would like to write letters to the judge handling the Baby Andrew (Cianfrini) case can do so by writing him directly at:

Judge Peter C. Buckley
P.O. Box 588
(physical address is 224 Lake St.)
Elmira, NY 14901

(FYI...his office phone number is (607) 737-2940.)

For those wishing to write to Chemung County Probation Department, which is preparing a presentencing report for the killer of the 21-month-old toddler, the address is:

Atten: Brian Dupont
RE: People v. Melissa Engelhardt
Chemung County Probation Department
203 Williams St.
Elmira, NY 14091

Engelhardt is scheduled to be sentenced by Judge Buckley at 1:30 p.m. on Monday, Dec. 6, in Elmira.

Robert J. Probst, 30, of 301 Oak St., Batavia, is charged with coercion, 2nd, and obstructing government administration, 2nd. Probst was reportedly involved in a domestic incident at Days Inn at 4:48 p.m., Wednesday. During the incident, a victim reportedly locked him or herself in a car. Probst allegedly displayed a knife and threatened to damage the car if it was not unlocked. When police responded, Probst allegedly fled on foot and was caught minutes later (perhaps in the area of Bob Evans restaurant). Probst was jailed on $2,500 bail.

Joshua A. Harris, 21, is charged with criminal contempt, 2nd. Harris was allegedly on the property of a protected person. Police located Harris a short distance away and took him into custody. Harris was also wanted on a warrant out of Batavia City Court for a previous alleged incident of criminal contempt. He was jailed on $1,500 bail.

A logger working in Genesee County is accused of accepting payment for a load of firewood but never delivering it to a Bergen-based firewood processor.

David Henry Isabell, 42, of Liverpool, was charged with grand larceny, 3rd, and jailed on $5,000 bail.

Isabell allegedly accepted $6,200 in payment on Aug. 10 for 10 log loads of wood. The victim reportedly never received the loads.

The case was investigated by Deputy Chad Minuto and Deputy John Duyssen.

A 16-year-old from Oakfield is charged with harassment, 2nd, and aggravated harassment, 2nd. The youth is accused of sending threatening text messages to another student and then issuing a threat in-person to the other student.

Richard Dean McKague, 20, of Colorado Avenue, is charged with petit larceny. McKague is accused of attempting to leave Kmart with merchandise he did not purchase.

Janet L. Grossman, 43, of Clipnock Road, Stafford, is charged with unlawful possession of marijuana. The marijuana was allegedly found during a probation search of her home.

Last week the attorney for Justin Amend, who previously admitted to a sex act in Farrall Park, said the former Oakfield resident was too embarrassed by his notoriety to even walk into Tops Market.

Yesterday, he was apparently too embarrassed to even show up in city court.

Today, Amend is a wanted man. (Source: Buffalo News)

Amend reportedly failed to appear in court Wednesday and a warrant was issued for his arrest.

Last week, Judge Robert Balbick informed Amend that because the 29-year-old former Oakfield resident moved to Florida, the option of a no-jail sentence had been eliminated.

As part of a plea bargain, Amend pled guilty to public lewdness, a Class B misdemeanor, in exchange for a promise of no jail time.

But Florida is unlikely to accept supervision of a probation case, attorneys said, for a misdemeanor violation.

Balbick gave Amend's attorney, Tom Williams, a week to explore weekend jail options and make his own inquiries with Florida about probation.

A growing number of people in Genesee County have a message for Chemung County Judge Peter C. Buckley: Do right by Baby Andrew.

They already think Buckley has served justice poorly by not finding Andrew Cianfrini's killer -- his own stepmother, 24-year-old Melissa Engelhardt -- guilty of murder. Instead, Buckley found Engelhardt guilty of only manslaughter in a non-jury trial where Buckley was the sole fact-finder in the case.

More than 1,200 people have joined a Facebook group, Justice for Baby Andrew, and about 100 of them gathered Wednesday evening for a candlelight vigil at St. Joseph's Mausoleum, where Baby Andrew was laid to rest.

The vigil came on the one-year anniversary of Andrew's death and 26 days before Engelhardt is scheduled to be sentenced in Elmira.

"Today is a day to honor Andrew," said Kathy Dempski, a friend of Andrew's biological mother, Kristen. "But it's also a day to let the judge know about the injustice he gave to Andrew."

She later added, "She (Engelhardt) deserves to spend the rest of her life in prison. She doesn't deserve to walk out. She doesn't deserve anything."

Andrew's grandfather, John Cianfrini, pointed out that since Engelhardt was only convicted of manslaughter, the maximum penalty she faces is 25 years. She could receive as little as five years and then be eligible for parole after serving only two-thirds of that time. 

"You would have had to be there to appreciate what a devastating decision this was," Cianfrini said. "He (the judge) basically believed her story that she didn't intend to kill Andrew, only hurt him."

An expert toxicologist testified at trial that the 21-month-old toddler had twice the lethal amount of formic acid in his heart from the methanol in his system.

Methanol lowers the freezing point of water. It is a component of windshield-washer fluid.

Englehardt put the methanol in Andrew's sippy cup. Prior to poisoning Andrew, according to testimony, Englehardt did a computer search on how to poison a toddler.

John Cianfrini encouraged concerned residents to write letters to the probation department in Chemung County, which is in the midst of preparing a pre-sentence report that Buckley will review prior to imposing a sentence.

Englehardt is scheduled to be sentenced Dec. 6.

Two men who reportedly ran from Walmart yesterday afternoon allegedly carrying hundreds of dollars of stolen merchandise were quickly tracked down by law enforcement.

The first suspect was taken into custody in the Kmart parking lot by Batavia Police Officer Chris Camp, who spotted the second suspect running across Lewiston Road and in between the Town of Batavia Fire Hall and Baker's Frontier Kitchens.

Deputies Chad Minuto and Timothy Wescott jumped a fence behind Baker's and pursued the suspect down Colonial Boulevard.

A citizen was able to help locate the suspect after seeing him run into the back yard of a residence on Colonial.

Wescott suffered some minor cuts going over the fence, was checked at UMMC later, and is fine, according to Chief Deputy Gordon Dibble.

Taken into custody were Phillip William Czaja, 27, of Drake Street, Oakfield, and Jarell JT Jones, 22, of Lewis Place, Batavia. Both were charged with petit larceny.

Jones was also wanted on an arrest warrant out of Genesee County Family Court. Following an arraignment in front of Judge Adams, he was committed to Genesee County Jail for six months.

Jones allegedly stole $179.88 in merchandise from Walmart. Czaja was allegedly found in possession of $256.76 in stolen merchandise.

Czaja was jailed on $200 bail.

(initial report)

Douglas Grant Goodwin Jr., 19, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Goodwin was stopped at 1:30 p.m., Monday, on Sheppard Road, Batavia, for allegedly pulling a trailer without registration or lights by Deputy Brian Thompson. During the stop, Goodwin was allegedly found in possession of marijuana, hydrocodone pills and a double-edged dagger. K-9 "Jay" participated in the investigation.

Gregory Louis Lepsch Jr., 18, of Batavia-Elba Townline Road, Batavia, is charged with unlawful possession of marijuana. Lepsch was apparently with Goodwin at the time of the traffic stop at 1:30 p.m., Monday, on Sheppard Road, by Deputy Brian Thompson and K-9 "Jay."

Thomas A. Rebar, 55, of Albion, is charged with unlawful possession of marijuana. Rebar was arrested at 1:10 p.m., Saturday, by State Police, on East Shelby Road, Alabama.

A 16-year-old from Bethany, is charged with menacing, 2nd, using a weapon. The youth was arrested by State Police at 9:15 a.m., Sunday, for an alleged incident in Alexander. No further details were released.

Joshua H. King, 25, of Batavia, is charged with grand larceny, 4th (credit card). King was arrested by State Police at 3:16 p.m., Nov. 5, for an alleged incident two days earlier in the Town of Murray. King was held without bail. No further details were released.

Walter L. Knickerbocker, 53, of Pavilion, is charged with possession of a loaded firearm in a motor vehicle, criminal possession of a controlled substance, 7t, and unlawful possession of marijuana. Knickerbocker was arrested by State Police at 9:36 p.m., Nov. 5, on Route 19, Le Roy. No further details were released.