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Pro-business group says it likes Hawley's voting record

By Howard B. Owens

Assemblyman Steve Hawley is perfect; at least, according to a group that describes itself as bi-partisan and pro business.

Hawley was only one of two Assembly members to receive a 100 percent score from Unshackle Upstate.

The group scored legislators based on their votes on a series of business and tax bills.

Brian Sampson, executive director of Unshackle Upstate, said in a statement that the scorecard is designed to help voters understand how their legislators are spending their money and whether they support lower taxes and a pro-business environment.

“This is an educational tool,” Sampson said. “We simply can’t blindly vote for the same people we have year after year, or else we’ll get the same government we’ve had for year after year.”

Hawley issued a press release Tuesday touting the perfect score. The text follows the jump:

Assemblyman Steve Hawley (R, I, C – Batavia) was recently issued a perfect score on Unshackle Upstate’s 2009-10 legislative scorecards. Hawley received all 100 possible points based on his voting record on legislation impacting businesses in Upstate New York. Of the 212 members in the New York State Legislature, Hawley is one of only two legislators to be honored with a spotless record.

“The key to restoring the health of New York’s economy is to afford our state’s businesses with every opportunity to succeed so that they can provide employment to the people of New York,” said Hawley. “This can only be accomplished through an unwavering commitment to protecting businesses here in Upstate New York, fostering a climate that attracts businesses to our region and keeps them here in the future.”

Unshackle Upstate, a bi-partisan coalition supporting pro-business reforms in Albany, rated legislators based on their voting and sponsorship records on budget bills and other legislation that the organization has taken a stance on.

The scorecards are used to show voters where their representatives stand on the issues most important to the health and growth of business in Upstate New York. Hawley, who was also recently named the most pro-business assemblyman in Western New York by the National Federation of Independent Business New York Chapter, is hopeful that these scorecards will serve as a wake-up call for legislators and constituents alike.

“Unshackle Upstate is providing a valuable tool to empower New York voters that are sick of the double talk and inconsistency they receive from their elected officials,” Hawley said. “The issue is crystal clear; either you support Upstate New York businesses when it counts the most, or you wilt under the pressure and abandon the New York economy. I will continue to support all legislation that will bolster economic development and sustainable job growth for the dedicated and hardworking citizens of Upstate New York.”

Alexander teen wins $5K and third place in national sewing contest

By Billie Owens

After learning to sew only a year ago, and despite being derailed by a car accident, an Alexander girl won third place and $5,000 cash in a national sewing competition.

The sponsor, Jo-Ann Fabrics & Crafts, announced the winners earlier this month.

Grace Raines, the daughter of Eric and Heidi Raines, was one of more than 112,000 applicants in the prom-outfit contest. Her prize was $5,000 cash and a $250 Jo-Ann store gift card.

"Well, to be honest, I was a little disappointed because I spent a lot of time on it," Grace said. "I thought I would get first place. But I'm proud."

She's also bright, ambitious and more than a little talented. The newly minted grad of Alexander High School is attending Genesee Community College this fall with plans on earning a degree in business.

"I've always known I wanted to be in business for myself," she said.

Her motivation and competitiveness can serve her well. They certainly did in this case.

"I love contests, I've always loved contests," Grace said.

The whole thing started when Grace went to the fabric store with her mother about a year ago to get some cloth for a crazy quilt. The clerk put a brochure about the prom-outfit sewing contest in the bag.

Watching her mom sew inspired her to try it and soon she was making crazy-quilt pillows and working on a design for the contest. She hit upon an "oceanic/mermaid theme," using colors she loves like aqua, orange, pink and deep blue.

While driving to her grandparents' house in January to show them her design, she got into a car accident. Although not seriously injured, the incident spooked her and sidelined her from sewing temporarily.

"I associated the accident with the project," she says in hindsight.

But with a July deadline fixed ahead, she gained new momentum and spent countless hours perfecting the dress and a neckless to go with it.

The design features a ruched top, shaped like two seashells, made of orange silk. The midriff is a sparkling, intricately beaded triangle. The lower part of the dress is crazy-quilt style, made up of 24 different expensive types of brocades, jacquards, satins, etc. The top of the back is "all bright and glittery," made of sheer, mesh-like fabric, decorated with Swarovski Crystals.

Predictably, putting in the zipper was the toughest part.

She also designed the necklace she wore to the prom with the gown. It's made of hand-crocheted gold wire, with orange, aqua and pink beads, and a fish-shaped pendant dangling in the middle.

Total cost of the outfit was about $400, though she admits she bought more materials than she ended up needing.

Grace says she's set for college, so she plans to use her winnings to one day establish a business of her own. But she's already an entrepreneur, cleaning house for a regular clientele of 10 and counting.

Reports of shots fired on West Main leads to petit larceny arrest

By Howard B. Owens

An investigation into shots fired at a West Main Street Road address led to the arrest Saturday of a Rochester resident on a petit larceny charge.

Antown T. Maddox, 20, was taken into custody after being stopped for alleged traffic violations.

Chief Deputy Jerome Brewster said Maddox couldn't explain what he was doing with three mobile phones. 

Deputies found in his car an iPod Touch and a Blackberry. The Sheriff's Office had recently taken a report of a stolen iPod Touch and Blackberry.

Maddox was jailed on $500 bail.

Three Sheriff's Office patrols responded to 3546 W. Main St. Road at 2:50 a.m. after receiving a report of shots fired. There was a party in progress, according to Brewster, but when questioned, nobody knew anything.

"We are looking into the shots fired a little deeper," Brewster said.

An investigator has been assigned to the case.

Tour bus driver reportedly yelling obscenities at people on Oak Street

By Howard B. Owens

Law enforcement is responding to Route 98 near the Thruway to investigate a call of a tour bus without any plates and with a driver who is reportedly yelling obscenities out the window at people.

The bus was on Main Street and turned north onto Route 98.

UPDATE 6:18 p.m.: No report of the bus being located. One trooper drove as far north as Route 262.

Rochester resident found guilty of attempted murder in Batavia arson fire

By Howard B. Owens

A Rochester man accused of starting a fire at 12 Elms St. on Jan. 24, 2009, and attempting to kill the father of an estranged girlfriend, was found guilty today of attempted murder by a Genesee County jury.

The jury also found Andre L. Scott, 30, guilty of burglary and arson.

The tall and lanky Scott, dressed in a sharp tan suit, did not react to the verdict, but at least one person sitting in the gallery behind him rushed from the courtroom in tears as the jury foreman responded "guilty" to the second count.

Scott could face 15 years in prison, or 25-to-life. He will be sentenced Oct. 28.

Defense attorney Thomas Burns, who was assigned to the case, was clearly disappointed in the verdict. He worked hard to punch holes in the prosecution's case, calling into doubt the method in which evidence was gathered and how DNA was handled by investigators and the state's crime lab in Albany.

Burns said there will likely be an appeal, but another attorney will represent Scott through that process. It isn't clear at this time, Burns said, what shape the appeal will take, but he said he will work closely with the appeals' attorney to help prepare the case.

District Attorney Lawrence Friedman said the jury reached the correct verdict.

"Obviously, we're pleased with the verdict," Friedman said. "We certainly felt the evidence supported the verdict and we're glad the jury was able to sift through the evidence of a complicated case to arrive at these results."

The jury found that on Jan. 24, Scott, reacting to a fight with his estranged girlfriend, carried out threats he made to her, her father and a friend, and went to the father's apartment building on Elm Street and started a fire.

Scott was accused of pouring gasoline from a Clorox bottle onto the stairs, leading to the man's apartment and then lighting a book of matches to start the fire.

The blaze was discovered quickly and the fire department responded before much damage could be done. Nobody was hurt in the fire.

This morning, Burns and Friedman made their closing arguments to the jury. After the jump, a few notes from the summations.

Thomas Burns, Defense:
Burns called into question the process the State Police crime lab used to handle the DNA evidence, saying that Peter Lewis, a technician at the lab, offered testimony that called into doubt the chain of DNA evidence.

"He testified that the laboratory had a protocol, and it's a written protocol," Burns said. "He doesn't have a copy of it. He doesn't know what it says. But he knows he followed it."

As for the parole officer who collected DNA evidence, Burns said he testified about how to use the kit to collect evidence.

"What was the training? To read the instructions. Had he read the instructions? No," Burns said.

The laboratory used a kit to process the DNA. According to Burns, the kit instructions say to use a "nanogram" of sample DNA.

But none of the pieces of evidence -- such as a bottle cap from a Clorox Bleach container, its handle and a book of matches -- contained that much DNA.

"They did not follow the protocols," Burns said. "This is a serious break of this laboratory's ability to produce a scientifically valid report."

Burns also questioned the scientific validity of using only the suspect's sample DNA to test against the DNA gathered at the crime scene.

He compared the process to using a photo line-up. You don't show a witness to a crime a photo of only one suspect. You show him several suspects, and ask him to pick out the suspect.

In the same way, Burns argued, the lab should have been provided control DNA samples and asked to identify the one that matched, instead of looking for a reason to match the one it had.

"Human nature says you can have suggestions placed in your head and that it interferes with the scientific process," Burns said.

Burns also questioned why -- if Scott made calls and sent text messages threatening the alleged victims -- no recordings or copies of text messages containing threats where entered into evidence.

He noted that one of the alleged victims had a lengthy criminal history, including accusations of lying to police. But the only evidence of threats, Burns said, came from the testimony of three people. 

District Attorney Lawrence Friedman
Friedman said the arguments against the DNA evidence could be made in any case.

"It's so easy to throw stones," Friedman said. "It's easy to play Monday-morning quarterback and suggest things could have been done different. If you accept the defense argument, then everybody involved in this case is either incompetent or there is some grand conspiracy against his client."

Friedman compared the idea that Peter Lewis could do his lab work without referring to the written protocols to a typical juror driving his or her car with out reading the owner's manual before each road trip.

"You don't need to be able to know your manual by heart in order to drive your car," Friedman said.

As to the credibility of the DNA evidence, Friedman said, "This isn't just Peter Lewis saying, 'these are my results.' They were peer reviewed. They were reviewed by supervisors and they were reviewed by administrators."

Friedman also called into question the testimony of alibi witnesses.

The witnesses, Friedman said, were able to recall with some detail events of Jan. 24, 2009, even though some of them didn't know for up to a year later that Scott had been charged with a crime. There was nothing, Friedman said, that would have made Jan. 24 particularly memorable.

"So how is it that they are able, after all these months, able to recall such amazing detail," Friedman said. "They have no recall of the day before or the day after. The amount of detail they claim to recall about Jan. 24 is ridiculous. It's not worthy of your consideration.

And why, Friedman wondered, didn't one of these alibi witnesses come forward long before the trial and tell police they had the wrong man because they were with him at the time of the accused crime. Not one of the witnesses contacted police prior to the trial, Friedman said.

Genesee County gains national recognition for food production, processing

By Billie Owens

Business Facilities Magazine has named Genesee County the nation’s second-best location for food production and processing.

Along with Livingston County, Genesee was highlighted for having a number of assets important to the food-production and processing industry. Both counties' agricultural strengths make them a prime place for food-processing companies to locate and operate.

This is the second-consecutive year that Genesee County has been widely recognized for its food-processing capabilities. Half of the county’s land is used for food production and it is its #1 industry.

Agri-business has been one of the main markets targeted by the Genesee County Economic Development Center (GCEDC). This award underscores those efforts.

GCEDC operates the Agri-Business Park, located near OATKA Milk Products, which boasts more than 200 acres of prime land for the development of food production, processing, packaging and distribution.

The area's exceptional natural resources are also key to its success. Reliable freshwater sources are very important to food processers and the Agri-Business Park has an advantage over other regions in this regard. It is not only located by the Great Lakes, but above a large natural aquifer.

Another important local advantage is the availability of transportation. The Agri-Business Park offers railroad lines and is within a day’s drive from one-third of the United States' and Canada's population.

Construction worker breaks natural gas line in Pavilion

By Billie Owens

Pavilion Fire Department has been called to a construction site wherein a worker accidently struck and broke a natural gas pipeline.

The location is 11043 River Road, between Ellicott Street and Starr roads.

Injured skunk in roadway on Vernon Avenue

By Billie Owens

Authorities have been notified that there's an injured skunk, "still alive," in the roadway on Vernon Avenue in the City of Batavia.

Driver breaks natural gas line on Lewiston Road

By Billie Owens

The driver of a vehicle accidently backed into a natural gas meter at 7964 Lewiston Road, causing the pipe to leak and no means to shut it off.

The meter is completely removed from the gas line. The valve is visible but seems stuck, according to Town of Batavia volunteer firefighters on scene.

Wind is south, southwest at nine mph. National Fuel has been notified.

The location is south of Galloway Road, on the west side of Lewiston.

Batavia man who led police on chase into Le Roy pleads guilty to DWI

By Howard B. Owens

He wasn't caught until he ran out of gas, but a Batavia man who led several area law enforcement agencies on a pursuit and search will likely serve one to three years in state prison after pleading guilty today to a DWI charge.

Randy S. Rumble, 28, of State Street, Batavia, admitted in court this morning that he was intoxicated at the time he was spotted driving his car on Morganville Road, where he ran out of gas.

The chase started in Livingtson County, but an Avon Police officer had to break off the pursuit as Rumble's car entered Genesee County.

The car was later spotted by Le Roy Police at a gas station in Le Roy, and apparently Rumble left the station before refueling.

Because Rumble had a DWI in Alexander in 2005, and he was driving on a revoked license, he was charged with a felony DWI in this case.

Sentencing is set for Oct. 14. He is being held in Genesee County Jail on $5,000 bail.

Police Beat: Resident on State Street allegedly menaced by Rochester man

By Howard B. Owens

Robert Thigpen, III, 35, of 287 Flower City Park, Rochester, is charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. Thigpen is accused of entering the apartment of an acquaintance on State Street at 10:37 p.m, Monday. He allegedly shoved the victim and threatened the person with a knife. Thigpen was located a short time later by officers Eric Hill and Kevin DeFelice and taken into custody without incident. Thigpen was jailed without bail.

Ricardo Velasquez, 21, of Elba, is charged with Aggravated DWI and speeding. Velasquez was stopped by State Police at 3:45 p.m., Sunday, for allegedly driving 96 mph in a 55-mph zone on Route 262 in Elba. Velasquez was taken to the police barracks and tested for alcohol and allegedly found to have a BAC of .28. Upon further investigation, it was determined that Velasquez is allegedly in the country illegally. Velasquez was jailed on $2,500 bail or $5,000 bond. A detainer was filed by the Border Patrol.

A bit of Stafford's history going up for auction, and that has some residents worried

By Howard B. Owens

The building is 120 years old, and lately it's been showing its age. But the Odd Fellow's Hall building at four corners in Stafford -- the former location of the Stafford Trading Post -- is such a central part of the community that members of the Stafford Historical Society are fretting over its future.

Owner Terry Platt has set a Sept. 2 auction date to sell the parcel to the highest bidder over $20,000.

Members of the historical society are concerned a new owner might tear down the structure, which is on the National Historic Registry.

"A lot of people think that because it's a historic landmark, it can't be torn down," said Laura Giacchino. "That's not the case, at least not in this town."

"I realize it's a historic piece of property -- at least the awning part, the front of the structure -- I'm not sure about the whole building," said Platt. "But it's an investment for me. It always has been."

Stafford values its history. Giacchino said the community has always had a sense of continuity and there are many families in Stafford that have lived there for generations, 200 years or more.

"We've been here 25 years and we're considered newbies," Giacchino said.

And the Odd Fellow's Hall -- which Giacchino remembers as a post office and place that sold groceries and guns many years ago -- has been a community gathering spot and community store location as far back as anybody can remember.

But for Platt, who's owned the property for more than 20 years, it's just time to move on.

Platt said with the business vacancies, and particularly since the Stafford Trading Post moved to its new location, its time get the property out of his portfolio and use whatever proceeds come from a sale to reinvest in his other holdings.

He said, "I'm getting older," and he doesn't want to take the time or spend the money on needed repairs to the building.

And it likely needs some substantial repairs, acknowledged Giacchino.

"We know it needs a new roof, and there's likely water damage in the basement," she said.

Members of the historical society are very interested putting together a group of investors -- and Giacchino indicted there are people with money to invest who are interested -- to buy the property. But with all of the unknowns about the shape of the building and less than a week until the auction, there just isn't enough time to commit to buying the property.

Platt said he had the building up for sale for some time with no takers, but he's still open to making a deal.

"I'm still willing to hold the paper if the number is high enough," Platt said. "So if somebody wants to buy it, they can do what they want with it. If somebody wants to save it ... Is somebody going to buy it and tear it down? I don't know."

For more on the Stafford Village Historic District, click here.

Livingston County man tied to alleged car theft in Batavia

By Howard B. Owens

A car stolen from outside a business on Liberty Street this past Thursday night was recovered in a cornfield near Geneseo and the alleged thief apprehended after his girlfriend reportedly turned him in.

Taken into custody by the Livingston County Sheriff's Office was Richard P. Brown III, 21, of Honeoye, on charges of possession of stolen property and criminal mischief.

The 2009, gray Chevy Malibu, which was reportedly stolen from an employee of Ficarilla's Pizza from outside the restaurant, was located by Livingston County deputies after a farmer complained Friday about a car being driven into his cornfield, damaging crops.

Brown was already in jail at the time the car was found, having allegedly gotten into a fight Thursday night with his girlfriend. Following an investigation, he was arrested on the additional charges today.

According to Det. Todd Crossett of the Batavia PD, Brown told his girlfriend about the car, who subsequently told investigators in Livingston County about the connection.

Brown is being held on $5,000 cash bail or $10,000 bond in the Livingston County Jail.

Crossett said the Batavia PD is seeking an arrest warrant so additional charges can be filed in Genesee County. Since Brown is reportedly out on parole, Crossett said he isn't too worried about Brown getting out of jail in Livingston County before the warrant is served.

No injuries in Friday's Bank Street accident

By Howard B. Owens

A Batavia man said he swerved to avoid hitting a deer on Friday night leading to a car vs. pole accident on Bank Street between Ross and Vine streets.

Officer Kevin DeFelice said there was no reason to doubt John J. Dwyer, Jr.'s story. He hadn't been drinking and there were no skid marks to use to estimate the speed of his vehicle.

Dwyer told DeFelice that he was driving 30 mph.

No citations were issued.

"It's now up to his insurance company," DeFelice said.

Dwyer's car took out the utility pole.

There were no injuries and no other cars were involved in the accident.

Photo submitted by Jeremiah Pedro.

(initial report)

Convicted of burglary, Batavia man admits to prescription drug sales

By Howard B. Owens

A Batavia man already facing a prison term for burglarizing a Bethany business in April, 2009, admitted in court today that he sold prescription drugs to an undercover agent.

On the burglary conviction, Michael L. Jackson, 29, of 1 Seneca Ave., is facing a two-and-a-half to seven-year prison term. The drug charge could tack on an additional two years in prison.

Jackson entered a guilty plea to criminal sale of a controlled substance with no guarantee of concurrent sentences on his prior conviction.

On June 10, Jackson pled guilty to burglary, 3rd, two counts of grand larceny, criminal mischief, 4th and witness tampering, 4th.

He admitted to breaking into the offices of Highland High Lift, where he reportedly broke windows to gain entry to offices that were unlocked, stole a truck valued at $19,000 and other items valued at $8,000.

There was reportedly DNA evidence linking him to the scene of the crime.

Jackson's arrest on the drug sale charge was announced Aug. 15. If given consecutive sentences, and the full two years on the drug charge, Jackson would not be eligible for parole until 2016.

Sentencing on both convictions is set for Sept. 8. Meanwhile, Jackson is being held in Genesee County Jail without bail.

Police Beat: Robbery and drug charge follow alleged domestic incident

By Howard B. Owens

Christopher Patrick Ball, 28, of Ellicott Street Road, Batavia, is charged with robbery, 3rd, and criminal possession of a controlled substance, 7th. Ball was arrested following an investigation into an alleged domestic incident at 9:55 a.m., Sunday. Ball is accused of stealing the victim's purse. Upon further investigation, Ball was allegedly found in possession of hydrocodone.

Misael O. Rodriguez, 27, of North Clinton Avenue, Rochester, is charged with unlawful possession of marijuana. Rodriguez was reportedly found at 3:33 p.m., Sunday, by security officers at Darien Lake in a parking lot rolling a joint.

Daniel Lee Ward, 23, of West State Street, Albion, is charged with unlawful possession of marijuana. Ward was stopped  for an alleged traffic violation at 9:54 p.m., Thursday, on Route 98 in Batavia by Deputy Patrick Reeves.

Lloyd Peter Parsons, 49, of Broadway Road, Darien, is charged with unlawful possession of marijuana. Parsons was arrested on a warrant out of Orleans County. At the time of his arrest by Deputy Patrick Reeves, he was allegedly found in possession of marijuana.

Michael Joseph Valtin, 25, of Church Road, Bennington, is charged with endangering the welfare of a child. Valtin is accused of having unwanted physical contact with a child while visiting a campground.

Richard B. Smith, 21, of 4753 East Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Smith was stopped at 2:28 a.m., Sunday, by Sgt. Michael Hare of the Le Roy Police Department on West Main Street, Le Roy.

Elizabeth Anne Geddes, 53, of Stepping Stone Lane, Orchard Park, is charged with DWI, driving with a BAC of .08 or greater, driving while impaired by drugs, driving while ability impaired (alcohol and drugs) and criminal possession of a controlled substance. Geddes was stopped by Deputy Chad Minuto at 7:04 p.m., Saturday, in the parking of Darien Lake during the Tom Petty concert.

Chad Michael Wolter, 39, of Mountain Road, Gasport, is charged with harassment, 2nd. Wolter is accused of throwing his girlfriend to the ground, spitting on her and throwing a beer can at her. The alleged incident occurred at 11:10 p.m., Saturday, at 1575 Sumner Road.

Glenn K. King-McDade, 24, of Somers, is charged with DWI, driving with a BAC of .08 or greater and speeding. King-McDade was stopped at 11:17 p.m., Saturday, by Sgt. Michael Hare of the Le Roy Police Department on Clay Street. King-McDade is accused of driving 53 mph in a 35-mph zone.

Joseph Arthur Julyan, 46, of West Bain Street, Albion, is charged with assault, 3rd, and criminal mischief, 4th. Julyan was allegedly involved in a domestic incident where he pushed, grabbed and twisted another person's shoulders. He also allegedly grabbed the other person's mobile phone when the person attempted to call police. Julyan also allegedly violated the terms of his parole by being out of his county of supervision and drinking. He was jailed on $10,000 bail. New York State Parole was notified.

Jayme Roland Lang, 37, of Lewiston Road, Alabama, is charged with computer tampering, 4th. Lang is accused of changing the password on a woman's computer, denying her access to the computer.

Jose L. Rodriguez, 36, of 28 Voss Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and failure to maintain the driving lane. Rodriguez was stopped at 2:02 a.m., Saturday, by Officer Kevin DeFelice on Oak Street, Batavia.

Eli R. Graves, 20, and Zachary J. Bourque, 20, both of East Aurora, are charged with burglary, 3rd. They were arrested by State Police for an alleged incident in Darien reported at 10:09 p.m., Friday. No further details were released.

James F. Hemmer, 49, of Elba, is charged with criminal mischief. Hemmer was arrested by State Police at 91 South Main St., Elba, for an alleged incident reported at 11:10 a.m., Thursday. No further details were released.

John T. Reagan, 28, of Cheektawoga, is charged with DWI with a conviction in the previous 10 years. Reagan was stopped by State Police on Sumner Road, Darien, at 11:53 p.m., Thursday.

Timothy D. Moore, of Geneseo, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Moore was stopped by State Police at 10:14 p.m., Wednesday, on Route 63 and Perry Road, Pavilion.

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