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For Tim Adams, owner of Adams Welding and Manufacturing in Stafford, donating steel for a class project at Oakfield-Alabama High School is a chance to help students discover a possible career.

For the students, it's a chance to explore a trade and learn new skills.

For the Genesee County Fair, they'll receive new gate racks.

You might call it a win-win-win.

"Any chance kids have for an opportunity to learn a skill or an opportunity to if something is something they want to do in a future career, whether it be welding, electrical, plumbing, or carpentry, any kind of skilled trade, I don't see that as a bad thing," Adams said. "Perhaps they will fall in love with it and like it."

While not necessarily calling it a career just yet, Cierra Tiede said she went from being fearful of welding to really enjoying it.

"It was pretty cool," Tiede said. "I've done another welding projects before, but this was a bigger scale and it was cool to see it all come together in the end."

Instructor Todd Hofheins said it was a great project for the students to learn how to work together as a team, to divide up their labor, coordinate, and ensure all of the five racks are uniform in size and quality.

"The racks need to hold close to 2,000 pounds so they've got to be done properly," Hofheins said.

Without the donation of steel from Adams, the project wouldn't have been possible, Hofheins said.

Above, Jolene Morales, who does tailoring and alterations at Golden Coin Laundry & Dry Cleaning, in addition to sewing custom bathing suits.

Threads of the Batavia community are sewn into the eye-catching swimsuits flaunted on numerous fashion show stages.

The careful hand of Jolene Morales stitches custom swimwear items for models to wear at events as large as the Buffalo Fashion Show, Fashion Week of Rochester and Miami Swim Week.

For about two years, Morales has been a tailor for Golden Coin Laundry & Dry Cleaning in Batavia and a Batavia-based company called Blue Coral Swimwear. Her love of sewing, however, began when she was 10 years old.

“I’ve been doing this so long that this is what I’ve always done," Morales said. "This is my passion. When I’m not here, then I’m sewing at home.” 

Prior to running the tailoring and alterations department at Golden Coin, Morales sewed for PetSmart in Brockport, the P.W. Minor shoe manufacturer in Batavia and a wallet retailer in Nashville, Tenn. Morales has learned how to sew professionally through her work experiences, trial and error and collaborations with designers.

Morales joined Blue Coral Swimwear during her first year at Golden Coin because Callista Gifford-DeHart, the daughter of Golden Coin owner Margaret Gifford, is the founder and designer for Blue Coral. Gifford-DeHart started the company in 2014 in Delray Beach, Fla., and launched her first line the following year. 

Once clients, models and pageant contestants order their personalized swimsuits online, Gifford-DeHart sketches a look and sends the designs to Batavia. Morales then properly sizes the material, delicately cuts the fabric and sews the pieces together. After the labor-intensive two-week process, Gifford ships the finished products to customers nationwide.

“Between doing the bathing suits for [Blue Coral], I also do the regular tailoring," Morales said. "Right now, it’s wedding and prom season, so at one time I had six wedding gowns and five prom dresses."

“When I’m working on the bathing suits, it has to be one-on-one with just them because of the type of material it is. It’s not like working with normal material. It is very slippery, and it’s very high quality.”

The precision and detail of Morales’s tailoring do not go unnoticed. The outfits have received positive feedback from women of all body shapes who express their confidence and body positivity in the swimwear. Customers report “how much they love them, and how comfortable they are,” Gifford said.

Blue Coral launched in 2015 and expects demand for its swimwear to increase, which may lead to an expansion of the sewing department at Golden Coin. Since tailoring is becoming a lost art in Genesee County, Morales thinks it’s worthwhile to educate her children and other students about sewing and alterations.

A key to Morales’s success is that Blue Coral and its customers prefer hand-stitched products to mass-produced, factory manufactured swimwear.

The need for local expertise is the reason Morales is currently tailoring outfits for the 2020 season with the latest materials and threads. She is excited for her new pieces to debut at the Washington, D.C., Swim Week Fashion Show in late July.

To find out more about Blue Coral Swimwear and to shop, click here.

Below, an example of a custom-made swimsuit fashioned by master seamstress Julie Morales by Blue Coral Swimwear.

A 31-year-old Gates resident who police believed approached two girls near Wolcott School last Saturday appears to have done nothing that warrants criminal charges, Le Roy PD officers have determined following a detailed investigation.

The man was fully cooperative with police, authorities said.

He allowed investigators to examine all of the electronic devices along with his websites and other electronic data and no concerning photos or other data were found.

The FBI assisted in the investigation.

According to Le Roy PD, the man said he understood the concerns his actions raised and realized it was an error in judgment to approach the girls, whom he thought were older than they actually were.

The man is apparently developing a portfolio of piercing photos.

He was in Le Roy on Saturday primarily to photograph the replica of the Statue of Liberty and the Oatka Creek.

The Le Roy Central School District has been thoroughly briefed on the investigation, Le Roy PD said in a statement.

"After consulting with the FBI, the District Attorney's Office and the parents of the student who allowed the photo to be taken, no charges will be placed at this time," the statement said.

NOTE: While Le Roy PD released the name of the subject of the investigation, since he is not being charged with a crime, The Batavian does not consider it appropriate to publish his name.

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.

A search of more than four years is about to come to an end for Iroquois Trail Council of the Boy Scouts of America.

The local Boy Scouts organization has been looking for consolidated, easily accessible, visible office space since at least 2015 and now has a pending purchase offer for a commercial building at 102 S. Main St., Oakfield.

The purchase agreement is contingent, among other things, on the council receiving approval on a site plan to convert the retail space into office space.

The location was most recently the site of a secondhand store, All About Yous.

"The advantage is mainly to our customer base, which is access," said Director Jim McMullen. "And it gives us an opportunity to house each of our staff in a workable space. We're pretty crowded right now."

Currently, the council has a small space in Downtown Batavia and an office in Lockport.

The new location will combine those, giving staff more room, and giving the scouts space for leaders and parents to pick up materials. It will also provide the council with a place to hold meetings.

A couple of years ago the council thought it had found a new office on West Main Street Road in Batavia but that deal didn't come together.

"It's been tough to find, space that is appropriate to our needs and is also on an easily accessible route," McMullen said following a meeting of the Genesee County Planning Board, which recommended approval of the site plan.

Don Ames said the scouts have owned their own office space for decades.

The purchase is also contingent on the building passing an engineering inspection and the property getting confirmation for tax-exempt status for nonprofit ownership.

The property is a little more than a half acre. The building on the property was built in 1998 and is 2,400 square feet. It's assessed value is $117,000.

Also on Thursday, the planning board recommended approval of a special use permit for a five-megawatt solar farm at 5103 Ellicott Street Road, which is currently farmland owned by Donald Partridge. The location is 20 acres and the facility will be built and run by Trousdale Solar LLC and will provide sufficient solar power for 750 to 1,000 homes.

Under the Community Distributed Generation Program, the solar energy would be distributed to customers through National Grid and the customers would receive solar credits against National Grid bills and pay Cypress Creek (the company administering the program) separately for the solar power. The overall cost to customers who sign up for the program will be lower than what they're currently paying, according to documentation from Trousdale Solar.

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.

       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.

Press release:

Representatives from Batavia Downs today announced a new program that will provide a 25-percent discount to active first responders at Batavia Downs Restaurants.

This includes local, county and state police, volunteer and paid firefighters, and ambulance service providers, paramedics/EMTs, and correctional officers.

Discounts will be valid on food and soft drinks but will not include alcohol.

Active first responders must show their service ID card to receive the discount for them and one guest. The discount program is available starting today.

“We are so pleased to be able to extend this offer to first responders in our area,” said Scott Kiedrowski, vice president of Operations at Batavia Downs, who also oversees the Food & Beverage Department.

“We value their contributions to our communities in keeping us safe and healthy. This discount is a token of our gratitude."

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.

Submitted photo and press release:

Assemblyman Steve Hawley (R,C,I-Batavia) met with supporters at a rally in Albany Wednesday organized by the New York Farm Bureau and Grow-NY regarding the dangers of allowing farm workers to unionize.

Hawley, the former owner and operator of Hawley Farms in Batavia, is a longtime member of the Assembly Agriculture Committee and has been outspoken on the damaging effects labor regulations would have on the family farming industry.

“I was proud to stand with dedicated farmers, activists and producers yesterday in Albany as we push back against labor regulations being advanced by New York City politicians,” Hawley said.

“Our family farms are already struggling under suffocating minimum-wage mandates and low commodity prices, and to regulate an industry, which thrives off the necessity to operate unique hours at different times would be devastating.”

Net farm income is down 50 percent from just a few years ago and farmers have little to no control over the prices they receive for what they produce, unlike most manufacturers who can set their own prices.

According to a 2019 report from Farm Credit East, mandatory overtime would increase labor costs on farms by almost $300 million and decrease net farm income by almost 25 percent.

“We know what works best for our family farms and that is the ability to regulate their own labor to produce the best results. I will continue to stand in the way of harmful farm mandates as session nears its end next week,” Hawley concluded.

Photo: ​Assemblyman Steve Hawley (R,C,I-Batavia) meets with Maureen Torrey and Shelley Stein, on left, from Grow-NY at Wednesday’s New York Farm Bureau Rally in Albany.

Pierce Corbelli, winner of the 2019 Paolo Busti Cultural Foundation Scholarship.

To his surprise, the scholarship recipient shared a very similar experience to Outstanding Italian-American Tony Palmer at the 35th Paolo Busti Cultural Foundation Scholarship Awards Dinner Wednesday night.

“I realized I had a deeper connection with someone else sitting in this room … Mr. Palmer, you mentioned your family is from Apuzzi. My grandpa’s family is also from Apuzzi,” said Batavia High School Senior Pierce Corbelli during his acceptance speech.

As he received his award, Corbelli said he, like Palmer, had the pleasure of visiting Apuzzi, Italy, and connecting with his relatives. After his remarks, Corbelli and Palmer shook hands and exchanged congratulations.

The foundation’s dinner at Terry Hills Restaurant, Batavia, celebrated shared Italian-American heritage among Genesee County residents and recognized high school seniors and adults who have embodied Italian-American values through their contributions to the community.

The Paolo Busti Scholarship is given to an Italian-American graduating senior from a local school who has followed the example of pioneering landowner Paolo Busti (Oct. 17, 1749 – July 23, 1824), who was the principal agent of the Holland Land Company from 1800 until his death.

Corbelli was selected among eight candidates, and he will attend the University at Buffalo to pursue a mechanical engineering degree.

The family of Vincent Gautieri also offers a memorial scholarship in honor of Gautieri’s Italian-American legacy. Spencer Misiti (in photo above), of Notre Dame High School, won this award due to his meaningful experiences growing up Italian-American.

Misiti thanked the Paolo Busti Cultural Foundation and his family for their support, and he will attend Canisius College in the fall to study marketing and finance.

This year's Outstanding Italian-American Palmer was honored for his dedication to the community and demonstration of Italian-American principles. Palmer described his Italian grandparents as “the forebears of this heritage” who taught him about his cultural food, family and customs.

“I really think this nomination isn’t about me. It’s about my family,” Palmer said.

Palmer, a Batavia resident, thanked his wife, Margaret, for her role in raising their nine children and supporting their 22 grandchildren and nine great-grandchildren. Palmer expressed gratitude to the foundation for this distinction, and he hopes his Italian traditions will be carried on by his ever-expanding family.

Below, is Tony Palmer, named 2019's Outstanding Italian-American at the 35th Paolo Busti Cultural Foundation Scholarship Awards Dinner.

(Photos courtesy of the Paolo Busti Cultural Foundation.)

The Batavia Muckdogs open their 2019 campaign at home at 7 p.m., Friday, which is the start of a two-game home stand against cross-Thruway rivals Auburn.

In the video, we talk with Tom Lawless, the new Muckdogs manager, and Dalvy Rosario, a top Marlin's prospect who is 19 and is expected to be the Muckdog's starting shortstop this season.

Last year in the Dominican Summer League, Rosario hit .257 with four home runs, 42 RBIs, 42 runs scored, and 26 stolen bases in 46 games.

This will be the 12th season Lawless has worked as a minor league manager since 1994. He's also been a hitting and infield instructor at the minor and major league level and he managed the Houston Astros in 2014 (70-92).

The former big-league ballplayer is best known for his bat flip after hitting a home run in Game 4 of the 1987 World Series (video below).

A rider was reported unconscious following an ATV accident at Area 51 on Harlow Road and Mercy Flight has been dispatched.

East Pembroke Fire Department is responding.

A first-responder on scene indicated the patient had gained at least some degree of consciousness.

"He's not talking much," he said.

A statement from Assemblyman Steve Hawley on the Assembly passing legislation awarding driver’s licenses to illegal immigrants:

“This sends a dangerous message to society – it’s acceptable to enter our country illegally and continue to break the law because you will be rewarded.

"Downstate politicians continue to peddle handouts and shortcuts for everyone but the middle class. Felons get pay raises, illegals get driver’s licenses and sex offenders get voting rights. Make no mistake, this is a step toward allowing illegals to vote in our elections.

"Recent polling shows the majority of the state opposes this radical proposal but New York City politicians are more concerned with scoring political points against President Trump than following public sentiment – a disgraceful day in Albany.”

When Le Roy Board of Education members were warned that special education students were not making adequate progress, Denise Duthe asked, “When you look at where we are putting our money and where we are focusing our time, what are we doing? What do we need to do?”

Consultant Bonnie Whitney, Ph.D., responded, “Before you start more programs, I think we need teachers to be able to teach kids to think … There needs to be more intervention with just helping the students understand themselves.”

The special education program consultant update was a main focus at the Tuesday board meeting.

Whitney said that she and Le Roy special education faculty members have developed learning models for teachers of underperforming students with special needs.

“One of the observations that was very clear is our students were being helped to complete tasks. That’s not learning,” she said. “If the students cannot walk away and say, ‘I know how I did this,’ they haven’t learned.”

In addition to concerns about the lack of student progress in special education classrooms, Whitney spoke about compliance issues with New York State Department of Education requirements.

Due to poor data maintenance in past years, the district was only able to recover full state funding for special education programs from 2016 to 2019. Whitney said that Chelsea Eaton, the new director of special education and student services, will ensure future data collection is done correctly.

Whitney said, “It’s a mistake that we couldn’t recover completely, but we can move forward. Those are not easy processes to do.”

Whitney recommended new lesson plan templates for special education teachers to remedy student performance issues. The templates explain how instructors can better understand developmental disabilities, identify factors that disrupt learning, and set goals for students with special needs.

Whitney said special education teachers have been very responsive to improvements in compliance and program effectiveness.

“We really looked at whether the teachers are instructing the students to gain information to help them either cope with their disability, overcome their disability, but certainly not succumb to their disability,” Whitney said.

In other action, the Board:

— Recognized the varsity baseball and track and field teams for their athletic and sportsmanship achievements during the spring sports season.

— Discussed the breakfast and snack packages that will be provided for elementary Summer Academy students. A new feature of this summer learning program is that students are allowed more flexibility in attendance as they participate in the academy.

— Developed a new District-wide School Safety Plan, which is open for public comment until June 23.

A Le Roy police officer has been dispatched to the Main Street bridge over the Oatka Creek to investigate a report of "three young kids" jumping off the bridge into the creek.

UPDATE 5:21 p.m.: An officer is clearing the scene after speaking to the juveniles. 

The Batavia City Council may consider exploring a “brighter” future for its residents through participation in the National Grid LED Streetlight Conversion program.

At Monday night’s Business Meeting at City Hall, the board heard from Paul Gister, customer and community management manager for National Grid, who presented three options designed to save money and direct more light upon city streets.

Gister said the power company offers three options for towns and villages in Upstate New York.

In this case, the City can:

-- Purchase the lighting system owned by National Grid;
-- Opt-in when a high-pressure sodium fixture fails and replace it with an LED;
-- Pay the net book value of its remaining high-pressure sodium fixtures on roadway lighting only (not decorative or post-top lamps) and change it to LED.

“There are currently 946 fixtures owned and maintained by National Grid that could be converted to LED, with the net book value of about $1.50 per head,” Gister said. “That puts the value at around $1,500.

“Since the value is less than the energy efficient dollars that National Grid would pay out (that would be a viable option for Batavia).”

Gister said that National Grid pays in the $50 to $100 range per fixture for LED conversions, which translates into at least $47,000 in incentives to the City.

He also noted that National Grid would provide the labor for the conversions while City officials would choose the wattage (or strength) of the LED bulbs, which provide better lighting more efficiently.

The program started in Massachusetts about four years ago, Gister said, and came to Upstate New York in 2016 after authorization by the NYS Public Service Commission.

The Town of Batavia was one of the first municipalities to sign up for the program (in 2017) and since then 10 towns and villages in this area have converted, Gister said.

“And the remaining 40 or so are somewhere in the process – either considering it or getting ready for conversion,” he said.

City Council President Eugene Jankowski touted the savings, improved lighting and incentives as reason to discuss the matter further.

Council Member Adam Tabelski noted that many communities are buying back the complete light fixtures from National Grid and finding significant savings.

“I’d like to look at both options, and if any analysis has been done, I’d like to see it,” he said. “If we owned the infrastructure, maybe we would realize more savings.”

To which Jankowski replied that Council should look at all the options.

Gister said he hopes that Council would eventually provide National Grid with a recommendation and move forward with the LED conversion. If that happens, the utility would bill the City for the net value of the fixture heads, approximately $1,500.

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."

Press release:

Empire State Development (ESD) today announced its investment in the continued growth of Tompkins Metal Finishing Inc. located in Batavia, Genesee County.

As part of the industrial plating company’s modernization project, it has installed a state-of-the-art wastewater treatment and recycling system at its Apollo Drive location.

The updated system will reduce water usage by as much at 80 percent. The facility upgrade will allow the company to add another shift, resulting in the creation of up to 10 new jobs; 100 jobs will be retained, 30 of which had been at risk.

Empire State Development President, CEO & Commissioner Howard Zemsky said, “Tompkins Metal Finishing’s decision to continue its expansion in Genesee County reflects the success of our strategic support for growing and revitalizing the Upstate economy, especially by adding jobs and opportunity.”

To help ensure Tompkins Metal Finishing Inc. continued success, ESD is providing the company with up to $150,000 through the Excelsior Jobs Program in exchange for job creation commitments. Tompkins Metal Finishing Inc. is investing $900,000 in the facility upgrade which they expect to be completed by the end of this year.

Tompkins Metal Finishing Inc. President Allen Tompkins said, “Without this tax credit it would have been much more difficult to invest the $900,000 in our state-of-the-art wastewater treatment and water recycling system. This new system and the investment from ESD will allow us to continue our growth in Genesee County and will allow us to recycle our water for years to come.”

Established in 1955, Tompkins Metal Finishing Inc. is operating in a new state-of-the-art 65,000-square-foot facility. In addition to offering its customers high-quality products, Tompkins Metal Finishing Inc. owns a fleet of trucks, allowing them to deliver those products efficiently to customers throughout Western New York. They service clients in the aerospace, communications, transportation, electronics, optical, medical, machine, defense and protype fields.

State Senator Michael H. Ranzenhofer said, “It is always great to see new jobs being created. The investments that the State is making in our community to grow new manufacturing jobs is crucial. I am appreciative of the commitment that Tompkins Metal Finishing Inc. is making to Genesee County.”

State Assemblyman Stephen Hawley said, "Tompkins Metal Finishing has been a hallmark business in our community for many years and I am pleased to witness their further expansion that includes renewed efforts toward improving environmental stewardship.

"The Finger Lakes Region is on the rise, and I commend any company or organization, which creates jobs and contributes to our overall success as Tompkins Metal Finishing has done for many years. I look forward to touring their new state-of-the-art wastewater system and wish them the best of success moving forward.”

City Council President Eugene Jankowski Jr. said, “It’s exciting to see a long-established company like Tompkins Metal Finishing Inc. continue to grow and invest in Batavia. Not only are they creating new jobs they’re also protecting our fragile environment in the process. I commend Tompkins Metal Finishing for their forward thinking and continued commitment to the community!”

Steven G. Hyde, GCEDC President & CEO, said, “The investment being made by Tompkins Metal Finishing demonstrates their commitment to building high-quality industrial plating products, and high-quality careers in Genesee County. This investment reinforces that Governor Cuomo’s strategy and plan to grow manufacturing jobs and capital investments to the Finger Lakes region is working. We want to thank Tompkins Metal Finishing for their continued investment in our community.”

For more information about Tompkins Metal Finishing Inc., click here.

Accelerating Finger Lakes Forward

Today’s announcement complements “Finger Lakes Forward,” the region’s comprehensive blueprint to generate robust economic growth and community development. The State has already invested more than $6.1 billion in the region since 2012 to lay the groundwork for the plan – investing in key industries including photonics, agriculture‎ and food production, and advanced manufacturing.

Today, unemployment is down to the lowest levels since before the Great Recession; personal and corporate income taxes are down; and businesses are choosing places like Rochester, Batavia and Canandaigua as a destination to grow and invest in.

Now, the region is accelerating Finger Lakes Forward with a $500 million State investment through the Upstate Revitalization Initiative, announced by Governor Cuomo in December 2015. The State’s $500 million investment will incentivize private business to invest well over $2.5 billion – and the region’s plan, as submitted, projects up to 8,200 new jobs. More information is available here.

Press release:

The Genesee County 4-H Program is seeking volunteer judges for the following events at this year’s Genesee County Fair:

• Kennedy Building Exhibits: Judging times are Friday, July 12^th, 5 to 7 p.m. and Saturday, July 13^th, 10 a.m. to 4 p.m. Two-hour time slots are available on July 13^th. Volunteer judges receive a fair parking pass and meal coupon. No experience is necessary! Exhibits may include: crafts, artwork, photography, sewing, baked goods, horticultural projects and more!
• 4-H Livestock Costume Contest -- Saturday, July 13 at 6 p.m. 4-H’ers will be dressing their project animals up in fun costumes & accessories; help us decide who is the most creative, most humorous, has the best craftsmanship, the best team, and overall champion!

Interested in helping? Contact the 4-H Office for more details 343-3040, or email genesee4h@cornell.edu