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Drug task force reportedly finds marijuana growing in garage on Swan Street, Batavia

By Howard B. Owens

Members of the Local Drug Enforcement Task Force responded to a residence on Swan Street, Batavia, Tuesday to investigate a report of pot being grown in a garage.

Task force members seized the plants and arrested Ian J. Blake, 25, after locating him on Ellicott Street, Batavia.

At the time of his arrest, Blake had pending charges for allegedly selling oxycodone to an agent of the task force. He was also allegedly found growing cannabis in his basement on May 5.

Blake faces charges of criminal sale of a controlled substance, 3rd, two counts of unlicensed growing of cannabis and two counts of unlawful possession of marijuana.

Following arraignment in city court, Blake was jailed without bail.

Batavia PD assisted in all three investigations.

Woman who didn't immediately seek treatment for injuries in serious condition at ECMC

By Howard B. Owens

A 22-year-old woman apparently suffered serious injuries in an ATV accident Monday night but she and her companion did not seek immediate medical assistance, according to the Genesee County Sheriff's Office.

The woman is now in intensive care at Erie County Medical Center.

Ashley B. Jones was a passenger at 11:30 p.m., Monday, on an ATV driven by Eric Swede, 23, as the couple rode on a driveway off Rogers Road, Pavilion.

The couple was northbound on the gravel driveway when the ATV struck some trees and both were ejected.

Swede suffered head and hand injuries.

Jones suffered face and head injuries.

By Tuesday, her condition worsened and she was driven by private vehicle to UMMC. From there she was taken by Mercy Flight to ECMC.

The investigation is ongoing and is being conducted by Sgt. Steven Mullen and Deputy John Baiocco.

Gas link reported at Route 77 and Route 20

By Howard B. Owens

National Grid is on scene at Route 77 and Route 20 for a gas leak that apparently happened some time ago, but now Darien Fire Department is requested to the scene.

UPDATE 1:44 p.m.: A chief reports it's a pretty substantial leak. Crews are working to repair it.

Boy Scouts honor 2012 'Distinguished Citizens' at GCC

By Daniel Crofts

Area scouts showed their colors and displayed true Boy Scout pride last night for the "BoyPower Distinguished Citizens" dinner at Genesee Community College.

These young men and their leaders are members of Iroquois Council Trail, Inc., the Boy Scouts of America council serving Genesee, Orleans, Wyoming, Livingston and Niagara counties. Every year, they honor one outstanding community member from each county.

Betty Lapp was the 2012 Distinguished Citizen for Genesee County. Lapp is the former director of GCC's Nursing program. She retired in 2005, and has been a "professional volunteer" ever since.

Originally from Ohio, Lapp has an impressive track record as a Geneseean:

  • Board Chairperson of United Memorial Medical Center
  • Board Chairperson of Genesee Valley Educational Partnership (formerly BOCES)
  • Regional Action Phone
  • Family Counseling Services
  • Parent Teacher Association
  • Cub Scouts
  • Genesee County Department of Health
  • Genesee County Mental Health Services

Her service to the wider region includes membership in the following organizations:

  • Lake Plains Community Care Network
  • WNY Rural Area Health Education Center
  • Genesee Valley School Boards Association

Other recipients were:

James Culbertson, Livingston County

David Bellavia, Orleans County (Bellavia currently lives in Batavia, but is originally from Lyndonville)

MORE after the jump (click on the headline to read more):

Mitchell McLaughlin, Wyoming County

Ken Kaufman and Michelle Farina, Niagara County

According to Roger Triftshauser, DDS, BoyPower Dinner chairman and master of ceremonies, these are people who have "gone over and above in service of the common good."

Click here for a list of past recipients.

The featured guest speaker was Vice Admiral Dirk J. Debbink, chief of the Navy Reserve. He spoke of his days as a Boy Scout and of what the Scouts taught him about preparedness, leadership, teamwork, self-reliance, and the "power of an oath."

Triftshauser announced that he would be paying for two Boy Scouts to attend this year's summer camp in honor of Debbink. He chose to do this in lieu of giving Debbink a personal gift, for which he knew he would receive a check in return.

Additional photos:

Scout Executive James McMullan

Photo courtesy of Kevin Carlson

Silent auction items:

Law and Order: Evidence seems to link convicted burglar to house break-in in Batavia

By Howard B. Owens

Steven Carnell McKnight, 18, of 14th Street, Buffalo, is charged with burglary, 2nd. McKnight is accused of breaking into a residence on Batavia Elba Townline Road, Batavia, on Dec. 15. The Monroe County Crime Lab has reportedly matched blood found at the scene with McKnight. The home on Batavia Elba Townline Road suffered damage to exterior French doors, a rear window, and a table and desktop computer. The only items reported missing were a complete Nintendo Wii system with games and two hutch drawers containing old mobile phones and odds and ends. McKnight is currently awaiting sentencing on a burglary charge from a break-in in the Town of Pembroke on Dec. 14. 

Andrew John Sprague, 33, of State Street, Batavia, is charged to failure to report change of address. Sprague is a registered sex offender and allegedly failed to report a change of address.

Al Davids, 42, of Bird Road, Byron, is charged with discharging a firearm within 500 feet of a residence. The alleged incident was reported at 6:58 p.m., Monday.

Today's Deals: Bourbon & Burger Co., Ficarella's, Kraving's, Spirits, and more!

By Lisa Ace

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Alabama Hotel, 1353 Lewiston Road, Basom, NY: A historic and legendary tavern and restaurant. The Alabama Hotel is famous for its fish fries, but also serves a variety of top-quality entrees, featuring Certified Angus Beef. Now with expanded hours. We have a $25 gift certificate for $12.50.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate for $10.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $10.

Delavan's, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently so you can try everything on the menu. We have a $20 gift certificate for $10.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

Greg'ry's Bakery, 13 N. Lake Road, Bergen, NY: The bakery offers a variety of the finest cakes, cookies, pies, cupcakes, breads, breakfast and lunch sandwiches and so much more. Each treat is made the same as it has been for decades and baked right here. Come in and sample some for yourself! We have a $20 gift certificate for $10.

Jagged Edges Salon, 4140 Veterans Memorial Drive, Batavia, NY: Jagged Edges Salon is a walk-in and appointment salon for men, women and children. It is a fun, welcoming salon that offers all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, treatments, and facial waxing. Hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. on Saturday. We have a $20 gift certificate for $10.

Kashmir Cafe, 85 Main St., Batavia, NY; This delightful cafe and coffee shop offers the finest flame-roasted artisan coffee and teas, a wide selection of sandwiches made with the freshest breads, and assorted baked goods. We have a $10 gift certificate for $5.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kravings offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have a $10 gift certificate for $5.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $20 gift certificate for $10.

New York Subs and Deli, 234 Ellicott St., Batavia, NY: Offering the freshest ingredients daily with a wide variety of sandwiches, wraps, & daily specials. All tips collected go to an animal in need! We have a $20 gift certificate for $10.

Rancho Viejo, 12 Ellicott St., Batavia, NY: Traditional Mexican cuisine, from tacos and burritos to pollo norteno, Rancho Viejo brings a bit of "South of the Border" to Batavia's restaurant scene. We have a $20 gift card for $10.

Rosie's Diner, 4974 Ellicott St. Road, Batavia, NY: Serving breakfast and lunches daily. Rosie's features delicious homemade food including Italian and Polish dishes and the freshest homemade soups. "Where good people meet!" We have a $10 gift certificate for $5.

Salsa & Curry, 13 Jackson St., Batavia, NY: An authentic Mexican restaurant, offering all of your favorite dishes from enchiladas and burritos to tacos and fajitas, as well as daily Indian food specials. We have a $20 gift card for $10.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. Come try one of our many delicious burgers that we have to offer, as well as our HUGE Bomber Sandwich, homemade chicken fingers made to order, and the all-time favorite Dumpster Plate with many choices. We deliver. We have a $20 gift certificate for $10.

Sweetland Pines Golf Course, 5795 Sweetland Road, Stafford NY: Sweetland Pines is a par 3 golf course, great for beginners and experienced golfers working on the short game. Relaxed golf game, average play is about 1 hour and 20 minutes, leaving the golfer time to enjoy rest of the day. We have a $25 gift certificate for $12.50.

Viking Valhalla Restaurant & Rose Garden Bowl21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $10.

SOLD OUT

Note: If you've never purchased Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Norton Road resident prizes 103-year-old postcard showing her house

By Howard B. Owens

There's an old shack stuck far back in the woods off Norton Road in Elba. I've photographed it before, but wasn't entirely pleased with the results.

As I drove down Norton this evening, I saw the shack, but the field that last year was full of wildflowers was plowed. The shack was still in a wooded area, surrounded by flowers. I then noticed a woman watering some plants in her front yard, so I stopped to ask if I could go on her property (to get the right vantage point) to make a photograph.

I introduced myself and, yes, Charline Shultz reads The Batavian.

We chatted a second and Charlene told me she had an old postcard of Norton Road. It shows her house, which was built in 1812. Charlene said a friend happened across the postcard on Ebay and bought it for her.

The back of the card reads: "The view as we see it from our home looking south.  The church in the distance is where Mr. Kellogg preached when we knew him.  With best wishes and warm regards, Mary Norton, Elba, N.Y., Dec. 25, 1908."

It was apparently contained in a letter sent by Mary Norton to a friend in California, and now it's back in New York more then 100 years later on the road where it started.

Photos: A drive through Elba

By Howard B. Owens

Really, without a plan, I found myself in Elba late this afternoon, and then my drive back to Batavia took a few twists and turns. Here are some pictures from the drive.

Above, a red barn on Ford Road.

My intention was to take a picture of the tree to the left. The cows either thought I had food or are eager to get on camera and they came running over toward Route 262.

The McCoys on Norton Road gave me permission to walk into their back yard and take a picture of this old barn, which turns out to be just over the property line and actually on Torrey Farms' property.

There's a couple of old shacks on Norton Road that always draw my attention. The flowers in this case provided some added visual interest.

Anybody care to identify this plant? This was actually taken off Bank Street Road, Batavia, but I saw the plant two or three times while driving through Elba.

Discussion to rename John Kennedy School stirs up some opposition

By Howard B. Owens

Long before there was a John Kennedy in the White House, there was a John Kennedy in Batavia.

Before there was "Profiles in Courage," there was "Individual Instruction" and "The School and the Family."

Before PT109, there was the Civil War and a young man born in England, who moved to Iowa and joined the Union's cause.

The John Kennedy of Batavia was an educator, a veteran of the War Between the States, and a preservationist, saving the Holland Land Office from assured destruction.

"I don’t think people associate the name of John Kennedy School with the right individual," said County Clerk Don Read, an avid history buff, especially of Genesee County. "Many people don't know that the John Kennedy in the history of Batavia certainly occupies a place in education history and the history of Genesee County. Not many people of his stature have come out of Genesee County."

And that's why there's a school in Batavia with brass Helvetica letters on its brick facade that reads, "John Kennedy School."

The school opened in 1956, and now there's some talk of changing its name, perhaps to Batavia Intermediate School.

The subject came up at Monday's school board meeting and the board seems to be considering the idea.

Board President Gail Stevens said she will support whatever the community wants for the names of it schools (Jackson School is also up for grabs).

"I’m all for giving the community a choice," Stevens said. "They’re the stakeholders in the school, the parents, the teachers, the students. If the community wants change, then I'll represent the community."

While the decision to consolidate schools -- leading to the closure of Robert Morris -- was driven by financial issues, what the schools are named is purely a matter of community choice and Stevens said she didn't want to impose her viewpoint on that choice.

The issue came about, according to Board Member Phil Ricci, because a group of parents brought the issue to the board.

According to Ricci, the parents were concerned that students transferring from Robert Morris would join community schools with community identities, and potentially feel left out of the mix.

Changing school names is a matter of changing brands and getting all of the students involved, Ricci said.

"I think the primary thing to understand is that it isn't so much changing the name of the school," Ricci said. "The way of doing business, the way the schools are run, the way we're deliving educational services is being changed."

The former names no longer fit, Ricci said, especially if you consider the name of JK to be John Kennedy Elementary School.

On the district's Web site, that's the name of the school. On the school building itself, it's simply John Kennedy School.

Ricci said there is a push by some parents to change the name to Batavia School or Batavia Intermediate School. 

Another option, Ricci said, one he favors, is John Kennedy Intermediate School, and some have suggested, he said, Batavia Intermediate School at John Kennedy.

Both Stevens and Ricci said the cost of a name change would be minimal, and there are no concrete plans right now to institute a name change.

The board will discuss it further at its next meeting, Stevens said, and decide what to do from there.

The idea of dropping John Kennedy caught the attention of local historians and preservationists.

The board of the Holland Land Office Museum voted Tuesday night to oppose the change.

"You would  be taking away the history of the community," said HLOM Director Jeff Donahue. "The man should be honored because of the great work that he did for this area and for education in general."

Local author, localist and lover of Batavia Bill Kauffman was chagrined at the idea of Batavia once again turning its back on its history.

"Modern Batavia's besetting sin has been its disregard, even contempt, for Batavia's history," Kauffman said. "The catastrophic urban renewal of the 1960s and '70s was the most spectacular example of this. Renaming Batavia's schools would be yet another -- and wholly unnecessary -- case of the city wiping out its past and severing its connection to those who have gone before. As a proud alumnus of John Kennedy, I really hope that great little school on Vine Street retains its name."

John Kennedy was born Sept. 17, 1846, in England. He was one of 14 children. His father brought the family to New York hoping for work on the Erie Canal, but after Mrs. Kennedy heard nothing of her husband, she packed up the family and moved to Greeley, Iowa.

After the Civil War, Kennedy returned to Iowa where he became a school superintendent, soon gaining recognition for his innovative education techniques.

Kennedy spoke to educators in New York on a couple of occasions, and then the fairly new Batavia City Schools District invited Kennedy to become its second superintendent.

Over the next 23 years, Kennedy led the district, creating a number of innovations in education, such as teacher's aides and a style of teaching that offered encouragement to students rather than direct help.

In 1894, Kennedy learned that the former Holland Land Office, which had been a private residence, was going to be torn down and its bricks sold to Henry Ford for reconstruction of the building on his estate in Michigan. Kennedy started a "penny drive" to raise enough money for a down payment on the property. When he reached that goal, other community members pitched in to complete the purchase and donate the building and land to the county.

"Kennedy realized the significance of the building and because of him, we still have the Holland Land Office today," Donahue said.

Ricci said if the school name is changed, none of the history will be lost. Everything on and in the building of historical value will be preserved, he said.

"I'm fine if it's Batavia Intermediate or John Kennedy Intermediate," Ricci said. "I'm not trying to be blase about it, because I know it means something to a lot of people, but the history that goes with that school is all inside of it. It all stays. The name on the building needs to fit the new brand.

"We have three cultures in three different schools. What we call the schools needs to reflect what goes on in the schools. That doesn't mean we have to get rid of John Kennedy as the name, but possibly add to it; John Kennedy Intermediate school."

FOOTNOTE: Ricci was appointed to the board to fill a vacancy, and subsequently won a seat outright on the board. But because he came in second in the voting, he won't be able to officially vote on anything until July. As top vote-getter in the election, Gretchen DiFante assumed the vacant seat on the board.

Photo: Bill Ruffino teaches class about software for auto computers

By Howard B. Owens

Bill Ruffino, owner of Bill's Auto on Evans Street in Batavia did a little giving back today. Ruffino, who is on the advisory committee for the automotive program of the Genesee Valley Education Partnership drove to Mt. Morris and conducted a seminar for the students on software transfer and computer programing on automotive computers and modules.

"This not only allowed the students to see this process firsthand, but it also started them networking with a leader in the industry that they hope to someday soon be a part of," said Michael Johnson, the class teacher, who provided the photo and information.

Photo: Mary Vangalio turning 99 years old

By Howard B. Owens

While I was in Settler's this afternoon, four waitresses came out carrying a birthday cake and brought it over to a group of people at one of the tables.

The cake was for Mary Vangalio, who turns 99 on Friday. Pictured with her is her nephew, Mike DiMartino.

Photos: State Police honor fallen heroes in service at Batavia Barracks

By Howard B. Owens

State Police, joined by law enforcement representatives from throughout the region, gathered at the Batavia Barracks on West Saile Drive in Batavia this morning to honor the men and women of Troop A who gave their lives in the line of duty.

In the 40 years since the first service, six more names have been added to the granite monument outside the barracks, including Kevin P. Dobson, a 14-year veteran struck and killed during a routine traffic stop in Tonawanda in 2011.

The names of the fallen are:

Trooper James B. Losco, 1925
Trooper Robert Roy, 1927
Trooper Arnold T. Rasmussen, 1927
Trooper Thomas L. Corbett, 1931
Sergeant Homer Harrison, 1933
Trooper Jerome B. Nugent, 1933
Sergeant Harry Adams, 1951
Trooper James D. Conrad, 1966
Trooper Richard Weltz, 1970
Investigator Thomas L. Buck, 1981
Trooper Gary E. Kubasiak, 1982
Trooper Joseph A. Longobardo, 2006
Trooper David C. Brinkerhoff, 2007
Trooper Jill E. Mattice, 2010
Trooper Kevin P. Dobson, 2011

\

If you can't view the slide show, click here. To purchase prints of these photos, click here.

Batavia Concert Band's 88th season kicks off June 20

By Billie Owens

Press release:

The Batavia Concert Band’s 88th season of music-making and free public concerts begins June 20 in Centennial Park. Additional concerts and parades will feature the band at other locations and times including the ever popular July 4 Picnic In The Park.

The Batavia Concert Band’s repertoire is wide-ranging in origin, period and style: marches, Big Band and swing numbers, popular songs from musicals and movies, classical adaptations, rock favorites arranged for band, fun songs for kids of all ages … and everything in between.

The band consists of about 50 brass, woodwind and percussion players ranging from talented local high school students to 60-year veterans. Many have professional experience; the rest are advanced amateur musicians. All love to play.

The conductor’s podium will be shared by a team of Batavia Concert Band conducting veterans, to be announced. Derek Reiss and Dizzy will again cap this year’s Concerts in the Park on Aug. 8 as a benefit fundraiser for the Batavia Concert Band.

Founded in the early 1920s, the Batavia Concert Band has brought musical pleasure to the region every year except during WWII. The band currently enjoys financial support from GO-ART!, concert sponsors, program advertisers, and individual patrons. The band also sponsors a “Sample of Western New York” gift certificate raffle from selected area restaurants and retailers, 50-50 raffles at every concert, bake sales and other low-key fundraisers.

Downbeat for regular season concerts is 7 Wednesday evenings in Centennial Park in the City of Batavia.

All concerts are free to the public of all ages. Light refreshments are usually available. Bring the family, some friends, lawn chairs or a blanket… and enjoy!

Info contact:  Bob Knipe, bobknipe@hotmail.com, 343-5991 / 590-6457 (cell)

Batavia Concert Band
Summer 2012 concert season

Date/Time                        Conductor

June 20 -- 7 p.m.* -- Brad Meholick
June 27 -- 7 p.m.* -- Wayne Burlison
July 4  -- 12 noon -- Phil Briatico
July 11 -- 7 p.m.* -- Jane Haggett
July 18 -- 7 p.m.* -- Phil Briatico
July 25 -- 7 p.m.* -- Wayne Burlison
Aug. 1 -- 7 p.m.* -- Jane Haggett
Aug. 8 -- 7 p.m.* -- Derek Reiss & Dizzy

(*In the event of rain, concerts will move to Genesee Community College's Stuart Steiner Theatre. Notices will be posted at the NW corner of Centennial Park and announced on WBTA radio AM1490, and http://TheBatavian.com.)

Batavia YWCA seeks artists to demo/display their work for newly forming farmers market

By Billie Owens

Local artists are wanted to participate in a newly forming weekly event sponsored by the Batavia YWCA called "The Market at North Street." It's going to be a farmers market that also showcases art demonstrations and/or displays.

It will be held from 9:30 a.m. to 2:30 p.m. Sundays on the grounds of the Batavia YWCA, located on North Street in the city. The market will run from June 17 through Oct. 14.

You may participate for the entire five hours or for a limited time as you specify. You may also choose which Sundays to take part. Electricity is available.

The application deadline is Friday, June 1. It consists of basic contact info., a brief description of your display/demonstration, number of artists, size of space needed, and the dates and times you plan to participate.

For more information or to get an application, contact Christine Ditzel at 356-5861 or cjditzel@buffalo.edu

Mail completed applications to:

YWCA of Genesee County

Attn: Christine Ditzel

301 North St.

Batavia NY 14020

Batavia notches first round win in Section V playoffs

By Howard B. Owens

Batavia's younger players are coming into their own just at the right time, said head baseball Coach Rick Saunders -- just as the Blue Devils enter sectional playoffs.

The team won a first-round playoff game Tuesday at Dwyer Stadium over Greece Olympia, 12-5.

"They struggled with the bats the first time they’d seen varsity pitching and now we’ve won five out of our last six," Saunders said.

The Blue Devils jumped to a quick 7-1 lead in the first two innings Tuesday, but then Greece Olympia made it look like they might make a game of it with four runs in the fifth.

But Saunders said his #5 seeded team responded well against the #12 seed, rallying for five runs in the bottom half of the sixth inning.

"(There were) two positive things," Saunders said. "When you play a team that’s a lower seed than you, you have to jump out to an early lead. Then you need to tack on runs to put them away, and when they made their come back to get back in the game, we tacked on five in the sixth to put them away. That’s how you win big games. That was the key."

Batavia (13-7) will face Greece Arcadia in a round two game at 4:30 p.m., Friday, in Greece Aracadia. The winner of that game will play a semi-final game next Tuesday against either Pittsford-Sutherland, the #1 seed, or Geneva.

In the game, Tommy Prospero was 2-3 with a walk and two stolen bases. Ryan DiMartino was 2-4 with a double and two RBIs. Zach Hale, who was also the winning pitcher, going 4 1/3 innings, was 2-4.

Saunders likes his team's chances of advancing.

"We’ve played all these teams," Saunders said. "Our pitchers have got to throw strikes. It’s basic baseball, pitchers throw strikes and if we can play good defense we can play with anybody. When we've that this year, we've won. When we haven't, we've struggled."

In other Section V baseball today, Alexander plays Warsaw in Warsaw; #2 seed Pembroke plays Bishop Kearney in Pembroke; Pavilion plays Canisteo-Greenwood in Pavilion; #2 seed Oakfield-Alabama plays Cuba-Rushford in Oakfield; Le Roy plays Granada in Le Roy; and on Friday, Notre Dame plays Prattsburgh at Dwyer Stadium.

If you can't view the slide show, click here.  To purchase prints of these pictures, click here.

Nurse who inflated claims to bilk employer of more than $14,000 gets four months in jail, probation

By Billie Owens

Michele Ann Case, the registered nurse who was convicted by a jury in March of third-degree grand larceny, maintains she never stood a chance at real justice.

This was the overarching message written in a single-spaced, one-page letter the Bergen resident (or former Bergen resident) read before being sentenced this afternoon in Genesee County Court to four months of intermittent jail time and five years probation.

The matter of restitution was held over until next Wednesday morning.

Case was found guilty of submitting inflated mileage claims and fraudulent "call-in" claims whereby $14,650 was diverted from her employer, a hospice care agency. The claims were submitted from January 2009 through January 2011.

Before imposing sentence, Judge Robert C. Noonan noted that the court received a total of 11 letters in support of Case and a slew of emails, too. He said there were also a number of emails showing communications between the emailers and Case.

"Maybe she's convinced herself that she's not guilty, and she's apparently convinced others she's not guilty, but a unanimous jury of 12 found her guilty and she continues to refuse to take responsibility for what she's done," District Attorney Lawrence Friedman told the court.

Public Defender Gary Horton told Noonan he studied the evidence thoroughly and deemed the particulars difficult to understand and likewise the basis on which the claims were made. Horton said his client is "merciful" and has a "history of dedication" and disagreed with portions of the pre-sentencing report.

"I see nothing in Michele Case that indicates she doesn't understand right from wrong -- her sense of right and wrong is highly developed," Horton said, adding that it's not true she that has no conscience, she has a highly developed conscience.

"I do not believe Michele Case had an intention to defraud," Horton said, "...I do not see her as a criminal."

With the exception of a DWI conviction, she has a clean record, Horton said, and in this matter, she misunderstood what she was entitled to claim and the requirements of logging mileage.

When it came time for her to say something on her own behalf, she held forth, detailing all the ways in which she had been wronged.

Wearing brown polyester slacks and a short-sleeved floral knit top, the stout nurse took no prisoners.

In her opinion everyone from Noonan himself, whom she claims ruled inappropriately on a motion and "denied" her defense, and Mr. Friedman "who had it in for me," to the blackballing work supervisor and the "clouded judgment" of Det. Charles F. Dudek of the Batavia Police Department -- each played a role in denying her true justice. Furthermore, the matter was filed purposely in Genesee County because the likelihood she would be convicted here was greater, thanks in no small part to "assumptions" by Dudek and Friedman.

Her letter detailed what "didn't come out at trial": how she stepped up to the challenge of working 70 hours a week when staff was short and the turnover rate was high; how her children's absent father made false statements about her on the record; how she was in an auto accident and yet she was not compensated for the eight days she was absent, moreover, how she was subsequently forced to work for 20 hours despite her injuries; "how hospice really works" and how the organization inflated its findings against her.

As for the record keeping "a real forensic audit was warranted because a computer does not lie."

But in the end "the court only cares about convictions," she said, adding that her's ought to be overturned and a mistrial declared. She indicated she hopes to raise the funds to appeal.

This was a case for the State Labor Board and it should have been left to the State Labor Board, according to Case.

Still, she can take comfort in the many cards and letters from patients and supporters who she said "are dear to my heart."

"I was wrongfully accused of a crime I didn't commit," she told the court, and in the wake she can't find a job, is losing her house, suffers from post-traumatic stress syndrome and her two children, ages 10 and 15, are devastated. "I cannot move on with my life."

When she finally finished, Noonan said he would first specify what this case is not about.

"It's not about your nursing skills, or your strong work ethic, as evidenced by the letters and emails," Noonan said. "You should sit back and ask yourself how of all the people responsible for your conviction, there's only one person who has not had a hand in it and that's Michele Case.

"The evidence clearly, clearly indicates you were enhancing your income by the documents submitted. You pumped up the documentation. Perhaps you needed more income. You should reflect on that."

And so the judge decided "some incarceration is appropriate" but "because of the children," it should be intermittent in 48-hour intervals, beginning this Friday at 6 p.m. Case was also told of four orders of protection against her and told that during her probation she cannot hold a job or otherwise be in a position to exercise fiduciary responsibility.

Photos: To honor LaVerne Bridge, pallbearers adopt his favorite clothing style

By Howard B. Owens

LaVerne "Vern" M. Bridge was a man known to enjoy working in his yard and being seen around town in work boots, blue jeans, suspenders and a baseball cap.

Today, at the Maple Avenue Cemetery in Elba, Bridge was laid to rest in his favorite attire while his pallbearers and some friends wore similar clothing in his honor.

The 84-year-old Oakfield resident was working in his yard at 6624 Fisher Road last week, apparently cutting down a tree, when the tree fell on him.

Pallbearers in the top photo are, from left, Joe Seweryniak, John Latko, Rob Warboys, Scott Mabon, Andrew Fowler and Roy Scroger.

For the full obituary of Bridge, click here.

Batavia woman injured in Wyoming County crash

By Howard B. Owens

A 48-year-old Batavia woman was injured in a motor vehicle accident at 8:15 a.m., Monday, in the Town of Middlebury after another driver allegedly failed to stop for stop sign.

Patricia E. Chaya, 48, was transported to UMMC for treatment.

Chaya was heading south on East Bethany Road when Rebecca A. Tallman, 21, of Telephone Road, Le Roy, allegedly failed to stop at the intersection of West Middlebury Road and East Bethany.

Tallman was issued a traffic citation.

The accident was investigated by the Wyoming County Sheriff's Office.

Bethany Fire Department responded to the scene.

Top Items on Batavia's List

Marketing Assistant — The Batavian Wage: $17 to $18 per hour Status: Part-time (potential to expand to full-time) Location: Work from home (local candidates preferred) The Batavian is seeking a qualified individual to create banner ads and assist with advertising duties to support our customers. Qualifications: High competency with Photoshop, especially for graphic design Training and knowledge in effective ad design Excellent interpersonal skills for client interaction Additional skills with other graphic tools are a plus Key Tasks: Collaborate with the ad sales representative to design ads for our website according to customer specifications Make corrections and adjustments based on customer feedback Upload and traffic ads to our ad server, ensuring correct placement Experience: Applicants must demonstrate a proven ability to perform the required tasks. Additional Information: This position starts as part-time and may expand to full-time. You will work from home; The Batavian will provide a Mac computer for the job. While remote work is possible, we prefer candidates who are local, familiar with our community, and have a strong understanding of our customers. To Apply: Submit your resume and a portfolio demonstrating your graphic design and ad creation skills with a cover letter to Publisher Howard Owens, howard@thebatavian.com.  
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