A 7-year-old girl is reportedly stuck in a tree 15 feet off the ground outside a church building at 1392 Lewiston Road, Alabama.

Alabama Fire Department is responding.

View Larger Map

There is another delay for a hearing to determine the constitutionality of the elder abuse law being used to prosecute 26-year-old Jacquetta B. Simmons for allegedly punching 70-year-old Grace Suozzi on Christmas Eve at Walmart.

The Attorney General's Office, which has the option of offering its opinion on the constitutionality motion by Attorney Earl Key, contacted Judge Robert C. Noonan today and asked for more time to further review the case.

Whether the AG's office will offer a defense of the law, either in writing or in a court appearance, has yet to be determined.

The hearing date has been rescheduled before and was on the court calendar for today, but has now been moved to 11:45 a.m., July 30.

Today was also the last day Simmons had to accept a plea offer from the District Attorney's Office or be left with only two options, go to trial or make an unconditional plea.

The offer Simmons turned down today was to plead guilty to the second count of the indictment -- the Class D felony assault charge with the elder abuse provision -- and let Noonan determine her fate.

Under the plea offer, Simmons wouldn't serve more than three-and-a-half years in prison, but Noonan would have had the option for a community-based sentence (meaning a little one-day jail time and probation).

Also, the date of the trial -- originally set to start on Aug. 20 is now in doubt. Even though Key originally agreed to the date, it turns out he also has a trial scheduled in Erie County that week.

Noonan's clerk will contact the Erie County clerk to determine whether the other trial can be moved to another date, or if the Simmons trial needs to be rescheduled.

The painting above is titled "The Clash of Cultures," in it artist Tom MacPherson shows us some of the dynamics of his family history.

It's part of a new exhibit at Genesee Community College's Rosalie "Roz" Steiner Art Gallery called "Documente: The Italian American Family Album," which includes original egg-tempura portraits, old-fashioned furniture, photographs, music and stories. It will be on display through Aug. 27.

"Clash of Cultures" depicts MacPherson's two grandmothers in 1940s Le Roy. Grandma MacPherson (foreground) was a Methodist (the ribbon around her waist reads "Methodist Church of Le Roy") of Scottish ancestry, whereas Grandma O'Geen (Gugino) was Italian and Roman Catholic.

While Grandma MacPherson stands outside, Grandma O'Geen stands secure in the "bastion" of her Catholic household (behind the front door), with Swiss Guards from the Vatican guarding the entrance, St. Peter (the first Pope) standing by her side, and Pope Pius XII (upper left) keeping watch overhead.

Born in Batavia and raised in Le Roy, MacPherson now teaches studio art at SUNY Geneseo. His family history is kind of a microcosm of Le Roy's overall past.

His Scottish forebears came to Le Roy in 1801, before it even became a town.

"They were the ones who set the tone for what the local culture would be all about," MacPherson said. "And then my Sicilian relatives had to blend into that."

From the MacPhersons' immigration from the Scottish Highlands to the O'Geens' (who changed their name from Gugino to more easily fit in with American culture) immigration from Sicily in 1896, "Documente" is a detailed panorama of the artist's roots.

Included are the adventures of intrepid MacPherson aunts, elderly Italian aunts praying their Rosaries, the persecution of Italian immigrants by the Ku Klux Klan in Le Roy, and the experience of fathers and uncles in overseas wars.

Scenes re-creating household decor circa 1940-60 add three-dimensional reality, an intimate visit into the artist's everyday world at that time. 

Here in "The Pioneer," MacPherson depicts his bold, adventurous great-aunt Kitty standing on the rocks of her ancestral Scotland.

"No, I'm Not Colonel Sanders" depicts great-uncle Rossolino Barone. Like all of MacPherson's portraits, this is based on a family photograph -- in this case, of uncle "Ross" at a family wedding in the 1970s.

In the background is the drug store that he owned in the Rochester suburbs, and overhead are angels borrowed from Fillipino Lippi's "Madonna with Child and Saints."

MacPherson incorporates images from Italian Renaissance art into his portraits in order, in his words, to "infuse my relatives with their heritage."

"I wanted my Italian relatives to be able to relate to their heritage," he said. "And I wanted (the Renaissance elements) to say something about their personalities."

In the case of uncle Ross, the angels are showering roses on him for the kindness he showed other people.

Great-aunt Catherine MacPherson is the subject of "The Conversion of Great-Aunt Catherine." Catherine was an Army nurse during World War I, and she converted to Catholicism in France after seeing the bravery of the priests and nuns who took care of the wounded and dying.

She is set against the background of her ancestral home in the Scottish Highlands, and the overhead image represents her conversion (when she "saw the light").

The subject of "The Walking Dead" is MacPherson's father, Neil Lewis MacPherson. According to the written description next to the portrait, Neil came back home a "changed man" as a result of his experiences in World War II. MacPherson chose to illustrate this by appropriating the figure of death (right) from German artist Hans Baldung Grien's "The Three Ages of Death."

Here are a few other "Documente" displays:

A series of photographs in honor of MacPherson's cousin, Frank O'Geen.

"La Vita Mia"

"What Ya Gonna Do?" (a portrait of an aunt surrounded by religious icons)

"The Adventures of Great-Uncle Pete" (To view a video explaining this one, click here.)

Having explored the history of the two sides of his family in this exhibit, MacPherson is now working on a book on the subject. He hopes to have it published within the next few years.

Roz Steiner gallery is located at 1 College Road in Batavia and is open from 10 a.m. until 4 p.m. Tuesday through Friday. Admission is free. Gallery Director Shirley Tokash Verrico always welcomes group tours (though children's groups may not be appropriate, as some of the images are more suited to adult audiences).

For more information, email Verrico at stverrico@genesee.edu or call 343-0055, ext. 6490.

Publisher's Note: A few weeks ago, Mark Brudz discussed the idea of regularly fact checking the candidates for the NY-27 Congressional District, much like a site like factcheck.org does on a national level. We believe this is the first such post with more to come in this campaign. We hope to encourage both candidates to run more honest and truthful campaigns than is usually seen in this highly partisan era.

If Mr. Collins is going to cry foul for Mrs. Hochul cherry-picking his words and not keeping them in full context, he should also hold himself to the same standard.

A Collins For Congress email sent Saturday afternoon used a statement by President Obama to attack Hochul.

Obama: "If you got a business, you didn't build it. Somebody else made that happen."

The email then went on with the subtitle: "Kathy Hochul's Presidential Candidate Slams Small Businesses."

Yes, the president did in fact say that, however, it was taken out of context in a excerpt from a campaign rally speech in Roanoke, Va., on Friday July 13. The Collins team included in their email a quote from the Washington Times article written by Walter Cooler.

"There are a lot of wealthy, successful Americans who agree with me -- because they want to give something back. They know they didn’t -- look, if you’ve been successful, you didn’t get there on your own. You didn’t get there on your own. I’m always struck by people who think, well, it must be because I was just so smart. There are a lot of smart people out there. It must be because I worked harder than everybody else. Let me tell you something -- there are a whole bunch of hardworking people out there."

The president's entire statement however, was not exactly a slam toward small business. In full context, the president more specifically expressed his belief in infrastructure and that successful business people rely on that infrastructure to grow their business. Additionally, President Obama stated that successful business people have achieved but also relied upon teachers and mentors to reach their goals.

All in all, there was much fodder for Mr. Collins with the statement in full context because it becomes more of philosophical discussion where Chris Collins actually can make some issue-based arguments.

It is no different than the flap earlier this month between Collins and Kathy Hochul. (See The Batavian; NY-27 race shaping up as a war over words.)  Hochul jumped on a Collins statement that he made in answer to a question during an interview for The Batavian. Clearly Mrs. Hochul took Mr. Collins out of context in order to obtain the upper hand when there was plenty in that interview that she could have taken issue with in full context.

What we need from both Collins and Hochul at this point is more statement of what they intend to do in Congress and less of the carefully choreographed talking points that are typical in today's politicians.

This is President Obama's statement in full context:

There are a lot of wealthy, successful Americans who agree with me -- because they want to give something back. They know they didn’t -- look, if you’ve been successful, you didn’t get there on your own. You didn’t get there on your own. I’m always struck by people who think, well, it must be because I was just so smart. There are a lot of smart people out there. It must be because I worked harder than everybody else. Let me tell you something -- there are a whole bunch of hardworking people out there. (Applause.)

If you were successful, somebody along the line gave you some help. There was a great teacher somewhere in your life. Somebody helped to create this unbelievable American system that we have that allowed you to thrive. Somebody invested in roads and bridges. If you’ve got a business -- you didn’t build that. Somebody else made that happen. The Internet didn’t get invented on its own. Government research created the Internet so that all the companies could make money off the Internet.

The point is, is that when we succeed, we succeed because of our individual initiative, but also because we do things together. There are some things, just like fighting fires; we don’t do on our own. I mean, imagine if everybody had their own fire service. That would be a hard way to organize fighting fires.”

It would be very appropriate for Chris Collins to take the president to task on the entire statement in context, likewise it would also be appropriate for him to question Mrs. Hochul's position on this statement, should she actually have made one. In Chris Collins email, there were several bullet points where he did in fact state his strengths and there was a legitamate question posed as to Mrs. Hochul's private sector business knowledge and experience.

I say let them both go at it from that point and may the best candidate win. But spare us the talking points and the he said/she said game this time around. If you want my vote, spell out your agenda and let me decide.

After the jump, the complete press release from the campaign of Chris Collins (click on the headline to read more):

Press release:

Obama: "If you got a business, you didn't build it. Somebody else made that happen."

Kathy Hochul's Presidential Candidate Slams Small Businesses

(Clarence, NY) - Yesterday, President Obama issued a stunning declaration regarding America’s small businesses owners, saying “If you’ve got a business -- you didn’t build that. Somebody else made that happen.” The remarks came during the President’s appearance at a campaign event in Roanoke, Virginia.

A link to the video can be seen here.

“This is the problem when you elect leaders who haven’t spent a day in the private sector or created a single job. Typical politicians like Barack Obama and Kathy Hochul don’t understand what it takes to create jobs, because they’ve spent their entire careers on the public payroll. They simply can’t comprehend the sacrifice, hard work and determination it takes to make a small business succeed,” said Collins.

“When was the last time Kathy Hochul or Barack Obama skipped a paycheck to make payroll? When was the last time they signed the front of a paycheck, not just the back? When was the last time they went without any pay to ensure that their small business succeeded? The answer is never. And this shows just how out of touch Barack Obama and Kathy Hochul are with our broken economy,” said Collins.

President Obama made his remarks at an event in Virginia Saturday afternoon, saying:

"There are a lot of wealthy, successful Americans who agree with me -- because they want to give something back. They know they didn’t -- look, if you’ve been successful, you didn’t get there on your own. You didn’t get there on your own. I’m always struck by people who think, well, it must be because I was just so smart. There are a lot of smart people out there. It must be because I worked harder than everybody else. Let me tell you something -- there are a whole bunch of hardworking people out there. " (Original Story)

As a small business owner, Collins has spent the last 36 years rescuing failed companies and making them successful. He has created over 500 jobs, and has mentored dozens of other successful small businesses as part of the University at Buffalo’s Center For Entrepreneurial Leadership Program.

“Our economy is broken for one simple reason - the people in office like Barack Obama and Kathy Hochul don’t have the first idea on how to fix the economy or create jobs because they only answer they’ve ever known is more government, more spending and higher taxes. The real world knows better and that’s why it’s time for a change in Washington,” said Collins.

Announcement from the Batavia Youth Bureau:

Due to extreme weather conditions predicted for Tuesday, the Batavia Summer Recreation Program (Parks Program) will close for the day.  

The weather is predicted to be 95 to 100 degrees and humid, which makes being outdoors unsafe for people of all ages.  

The number one concern of the Batavia Youth Bureau and Summer Recreation staff is the safety of the program participants; therefore, the Youth Bureau reserves the right to close for conditions that pose a threat to the staff and the participants.

Should you have further questions or concerns, please call the Youth Bureau at 345-6420.

If you lost four lawn chairs, Deputy Frank Bordonaro would like to hear from you.

The Sheriff's Office has recovered four lawn chairs on Route 5 in Le Roy that may have fallen off a vehicle passing through the area.

The vehicle was likely eastbound heading toward Caledonia.

If you think they're your chairs, contact Bordonaro at (585) 345-3000, ext. 3229

Joseph Anthony Auricchio, 21, of Route 20, Darien, is charged with petit larceny and promoting prison contraband, 2nd. Auricchio is accused of stealing two candy bars from a Volunteers for Animals donation box at the Genesee County Animal Shelter and then attempting to bring those candy bars into the Genesee County Jail. According to the Sheriff's Office, Auricchio was made a trustee July 6 to replace as trustee an inmate scheduled to be released. On July 6, Auricchio was among three inmates tasked with custodial duties at the animal shelter. When the three inmates were returned to the jail by Deputy Ron Meides, a search allegedly found the candy bars hidden in Auricchio underwear. The candy bars were unapproved merchandise to allegedly bring into the jail.

Bradley J. Broadbent, 32, no permanent address, is charged with criminal mischief, 4th. Broadbent is accused of entering bathrooms of an office complex at 29 Liberty St., Batavia, and damaging fixtures some time before 3:20 p.m., July 6. Broadbent is currently being held in the Genesee County Jail on several other charges stemming from alleged events that same day.

Kenneth Scott Lathrop, 25, of Ruhlmann Road, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and open container with intent to consume. Lathrop was allegedly found in a Monte Carlo parked at the side of the road on Route 262 just east of Fisher Road, Oakfield. Deputy Tim Wescott had responded to the area at 6:30 p.m., Saturday, after the Sheriff's Office received reports of a Monte Carlo speeding and unsafely passing other vehicles.

Patricia Marie Anderson, 27, of Walkers Corners Road, Byron, is charged with petit larceny. Anderson is accused of shoplifting from Kmart.

Katherine L. Urf, 51, and Joseph M. Franchi-Platten, 28, of 218 Elicott St., lower, Batavia, are charged with petit larceny. Urf and Franchi-Platten are accused of shoplifting food items from Tops.

Joanne Jefferson, 53, of 23 Walden Creek Drive, Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, driving left of pavement markings and consumption of alcohol in a motor vehicle. Jefferson was arrested after Batavia PD received a report at 10:22 p.m., Saturday, of an erratic driver heading west on Route 5 into the city. Jefferson was stopped by Sgt. Dan Coffey. Jefferson allegedly has a prior DWI conviction within the past 10 years. She was jailed on $500 bail.

New York Times: Five Obamacare Myths

A 4-wheeler accident with injuries is reported a 3808 Pearl St. Road in the Town of Batavia. Mercy EMS and East Pembroke Fire Department are responding.

UPDATE 7:17 p.m.: East Pembroke's fire equipment is being held in quarters. The ambulance is continuing.

UPDATE 7:29 p.m.: No word on injuries. The assignment is back in service.

Early Saturday morning, some Le Roy residents reported seeing a young man going through vehicles and sneaking through yards.

One resident reportedly spotted the man on the rooftop of a residence on Lake Street.

When Le Roy PD first responded, the subject could not be located.

When another resident called in a report of the subject in a back yard, Le Roy PD converged on the location near Lake and Pleasant streets.

The subject allegedly fled on foot and was apprehended after a short chase.

Taken into custody was Tyler F. Longhini, 20, of no permanent address.

At the time of his arrest, Longhini possessed allegedly stolen property, including two GPS units, a Sprint LG phone and prescription medications.

Among the complaints received by police that are being investigated for possible involvement by Longhini is an early morning invasion burglary into an apartment occupied by a resident.

As the morning rolled on, Le Roy PD continued receiving complaints of thefts from numerous unlocked vehicles and an attempted burglary of a locked shed.

Longhini is charged with criminal possession of stolen property, obstructing governmental administration and criminal possession of a controlled substance.

Additional charges may be added if warranted following further investigation.

The Le Roy PD is asking that anyone who may have had a vehicle, shed or residence entered Friday night or Saturday morning, or who are missing property, to call the PD office at 345-6350.

In addition to ensuring any suspected crimes are reported, investigators are hoping to identify the owners of recovered property that may have been stolen.

(Initiial Report)

A 20-year-old Le Roy resident who allegedly reported a residential burglary and claimed jewelry and marijuana were stolen has been accused of stealing the jewelry himself and falsely reporting an incident.

John H. O'Shea was already in the Genesee County Jail on unrelated charges when he was arrested by Le Roy PD earlier this week.

O'Shea is charged with grand larceny, 4th, and falsely reporting an incident, 3rd.

According Le Roy PD, O'Shea contacted police April 19 and claimed a safe full of jewelry belonging to a relative along with his personal stash of marijuana were stolen from his home in the morning hours while he was fishing.

A subsequent investigation revealed the report was allegedly false and that O'Shea either allegedly stole or took part in the theft of the jewelry.

O'Shea remains in jail on an unknown amount of bail.

A 22-year-old Le Roy resident is charged with petit larceny for allegedly trying to steal a shopping cart full of Red Bull from Top's Friendly Markets in Le Roy on Thursday.

(Name redacted upon request), who has no permanent address, was reportedly contacted by an out-of-state relative who read The Batavian's real-time news report on the alleged theft and suspected his involvement.

She contacted police with the tip and then was able to contact xxx and convinced him to turn himself in.

xxx walked to the Le Roy PD office in the village shortly before midnight Thursday.

The case began when police received a report that around 1:40 p.m. an unknown white male wearing a white tank top-loaded a shopping cart full of Red Bull and left the store without paying for the merchandise.

The subject allegedly went behind Dollar General and an employee there reported seeing him with the shopping cart of Red Bull.

After abandoning the shopping cart, the subject fled and police attempted to locate the suspect.

The Sheriff's K-9 unit assisted in the search, but the effort was unsuccessful.

As the search was taking place, The Batavian posted details of the unfolding events as broadcast by local law enforcement.

A relative in another state read The Batavian later that evening and began to suspect she knew who was involved and started making phone calls.

xxx was jailed on $500 bail.

A 14-year-old Batavia boy, if not for his age, would be facing four Class D felony charges of sexual abuse in the first degree, according to Le Roy PD.

The case has been referred to Family Court and because of the youth's age, his name was not released.

The youth is accused of subjecting a child under 11 years of age to sexual contact on at least four occasions in the past year.

There was music, food and fashion Saturday at the Genesee County Airport for the first-ever Wheels and Heels fundraiser sponsored by the YWCA.

While models milled through the crowd in gorgeous gowns, attendees could stroll through an event filled with not only jewelry, but also a variety of transportation on wheels, from airplanes to police cruisers to classic automobiles.

The event raised money to help the YWCA expand its services for children who are sometimes the forgotten victims of domestic violence.

The programs will help children deal with the emotional, psychological and relational challenges that come with being in homes where domestic violence takes place.

In Alexander on Saturday, it was time once again for the Alexander Fireman's Parade. 

If you're unable to view the slide show below, click here.

Saturday was a perfect day for a parade in one of the region's best venues for marching bands and floats, the Village of Le Roy.

Here are photos from yesterday's 2012 Oatka Festival Parade.

The festival continues today until 6 p.m.  The annual duck derby race is at 5 p.m.

If you're unable to view the slide show, click here.

Prints of these photos are available for purchase by clicking here.

A subject was reportedly struck by a 4-wheeler at 3999 Ridge Road in Elba. Mercy EMS is responding along with Elba Fire Department.

UPDATE 7:18 p.m.: A responder on scene reports there are two patients.

UPDATE 7:39 p.m.: Turns out, no need for an ambulance. Elba is back in service.

Batavia police are looking for a man who a caller reports is acting suspiciously, peeking in windows and going to houses "presenting himself aggressively." It is not clear whether he is selling something. He was last spotted looking into windows at 5 S. Spruce St. He is black, about 140 pounds, wearing a blue T-shirt, shorts, bright green sneakers and toting a backpack.

A former Batavia resident admitted to welfare fraud in Genesee County Court on Friday, pleading guilty to a single felony count of offering a false instrument for filing.

Michael Schramm, 36, also agreed to pay restitution of $17,026.39.

As a second felony offender, Schramm faces from one-and-a-half to three years in prison and will be sentenced at 9:30 a.m., Sept. 7

The former area resident was originally charged in May with two counts of offering a false instrument for filing and grand larceny, 3rd.

Schramm was accused of failing to report full-time farm employment in Niagara County while drawing assistance from DSS.

Pending sentencing, Schramm is being held on $25,000 bail.

A 41-year-old Batavia man has been charged rape in the second degree after being accused of having sexual intercourse with two 14-year-old girls in West Bloomfield.

Ontario County Sheriff's deputies arrested Micheal Steven Lewis at his residence, 1 Prestige Crossing, Batavia, at 6:30 p.m., Tuesday.

The accusation stems from alleged incidents in October 2011 in West Bloomfield.

Lewis was jailed in Ontario County on bail, but the amount of bail was not released by the Ontario County Sheriff's Office.