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KISS concert: Four arrests, no underage drinking citations

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff's Office at the KISS concert at the Darien Lakes Performing Arts Center.

Joseph A. Bishop Jr., 35, of West State Road, Olean, is charged with criminal trespass. He is accused of allegedly entering the backstage area of the concert venue without permission. He was jailed on $300 bail.

Steven P. Hare, 36, of S. Main Street, Warsaw is charged with petit larceny. He is accused of stealing a Red Bull table at the concert venue.

A 16-year-old of Erb Street, Buffalo is charged with petit larceny after stealing ice cream Dip ‘n' Dots from a food stand inside the amusement park.

Katie L. Kieliszek, 22, of Quaker Lake Terrace, Orchard Park, is charged with harassment, 2nd. She is accused of striking another person in the face.

There were no citations issued for underage drinking.

Doing the math: Rochester Community Baseball may profit from sale of Muckdogs

By WBTA News

While baseball fans in Batavia stand a chance to lose in the potential sale of the Muckdogs, Rochester Community Baseball may just come out a winner.

It was nearly two-and-a-half years ago that RCB stepped in and saved the Batavia Muckdogs franchise from folding. RCB, which also owns the Rochester Red Wings, offered to pay off the Batavia team's debts -- roughly $140,000 -- and also operate the team on a day-to-day basis.

Naturally, that offer that was gladly taken up by the City of Batavia and the Genesee County Baseball Club.

Soon after inheriting operations, the Muckdogs poured $87,000 into repairing the field at Dwyer Stadium, which had seen plenty of abuse from both high school baseball games and youth football matches in the outfield grass.

In the first year, RCB would lose about a quarter of a million dollars. In 2009, RCB took another hit -- in the neighborhood of $120,000. That's a rough total of $370,000 that RCB willingly ate in just two years.

Though numbers for this year obviously aren't yet final, early estimates say another $120,000 deficit is within reason, taking into account inflation and the economy. All told, that would be about $500,000 in losses taken by RCB to operate the team over the past three years.

However -- and this is where things get interesting -- one contract stipulation in the original deal is often glossed over: each year RCB operated the Muckdogs, they were to acquire 5 percent ownership of the franchise, with a 10-year cap on that deal (RCB could not own more than 50 percent of the team). After this third year of operation, RCB will own 15 percent of the Muckdogs franchise.

If they drop the day-to-day operations, as is "likely" according to today's news release, they cannot gain any further ownership in the team. Thus, if the team is sold following this season, RCB will receive 15 percent of the sale price.

Since teams in the NY-Penn League are not sold at a rapid rate, the general value of a ballclub is estimated by the league's most recent sale.

In 2008, the Oneonta Tigers were sold for about $6 million (they were moved out of their hometown this winter, and became the Connecticut Tigers this summer). Though terms of that sale were never officially released, $6 million is the accepted figure whispered among the league, as reported by GCBC Board Member and NY-Penn League expert Wayne Fuller.

Thus, the sale value of the Batavia Muckdogs and every other team in the league is $6 million.

That, of course, does not mean the team will be sold for that much; however, it is in the best interest of the NY-Penn League and Major League Baseball that the team not sell for much less than that. When one team sells for less than $6 million, every team in the league will likewise depreciate in value.

If the team does in fact sell for $6 million, RCB will receive 15 percent -- roughly $900,000. With a $500,000 operating loss, that factors out to a $400,000 profit. Even if the Muckdogs were to sell for $4 million, 15 percent of that is still $600,000 -- an overall $100,000 gain for RCB.

Attorney for the GCBC, Tom Williams, says he doesn't believe RCB brokered the deal with the plan to turn a profit by selling the team.

"I think they made a good-faith effort to make (the team) profitable," says Williams, "and then they just decided that they don't want to continue on. But I think they did it with the best of intentions, and they have been very honorable all the way through."

WBTA's Wayne Fuller, a member of the GCBC Board of Directors, says that in 2007, when the Muckdogs were also in trouble, the GCBC was told that the NY-Penn League could take over the franchise if the club failed to generate sufficient finances.

The same is a possibility here -- if the GCBC and RCB fail to generate enough money to run the club, and no buyer is found, the league does have the ability to absord the franchise -- which would leave the GCBC and RCB without any money. So it's in the best interest of both clubs to sell or continue operating the team.

Williams isn't yet worried about the possibility of losing the Muckdogs to the league.

"I think that we would find something to do before that happened," he says. "We expect that we're going to get some interest in the team. If it's just flat and there's absolutely no interest, then I think we're going to have to look that and decide what we're going to do.

"But I really don't think that's going to happen...I don't think we'll have that problem."

Car fire on Thruway near Le Roy

By WBTA News

A car fire is reported on the New York State Thruway near Le Roy.

The blaze is located near mile marker 382 in the westbound lane. Le Roy Fire and Le Roy Ambulance have both been dispatched to the scene.

UPDATE: Continued coverage of Muckdogs' search for buyer

By WBTA News

CLICK HERE for WBTA's full in-depth report today

...(Genesee County Baseball Club President) Brian Paris says he's particularly searching for someone not connected with this area and unaware of the situation, to recognize the ballclub's worth, both financial and sentimental.

He says that sponsor could easily work a re-naming deal for the stadium as a trade for their funding. At the least, he dreams of a large corporate sponsorship that would guarantee RCB sticks around for team operations.

But that's no guarantee. And sale of the team is a very real possibility.

Tom Williams is the attorney for the GCBC and will deal with the sale. He's not yet sure what kind of a price a minor league professional baseball club could go for these days.

"($6 million is) the kind of number that I've heard," he says. "I think (speculators) might be basing those numbers on what another team sold for recently" -- the Oneonta Tigers were sold for about $6 million just two years ago (according to WBTA's Wayne Fuller), and moved to Connecticut this past winter -- "but obviously...something's worth whatever somebody pays for it. We'll have to wait and see."

There is a chance that if the team does not sell, Major League Baseball would re-absorb it and remove it from the ownership of both GCBC and RCB -- and the clubs would potentially come away with no monetary compensation from a sale, which could net as much as $6 million. Williams isn't concerned about that just yet.

"I think that we would find something to do before that happened," says Williams. "We expect that we're going to get some interest in the team. If it's just flat and there's absolutely no interest, then I think we'll have to look at that, and decide what to do.

"But I really don't think that will happen. I think there will definitely be some interest."

WBTA's own Wayne Fuller, Voice of the Muckdogs for years, member of the GCBC Board of Directors -- and generally considered Batavia’s Mr. Baseball -- is somewhat saddened by the news.

"This is something that I've known for a couple of months now," says Wayne. "The board of directors, including myself, voted (in May) in favor of soliciting offers for the purchase of the franchise. We did not vote to sell the team; only to solicit offers."

Whatever may happen, today's announcement is one that many Batavians knew was coming, but didn't want to believe. Regardless, it is now a reality that the team may leave town -- and the collective air in the lungs of the Batavia community has, at least partially, been let out.

Paris says this is not the time for that. If there were ever a time to get out and support your hometown baseball team, it's now - more than ever.

"I absolutely believe that this team could stay in Batavia," declares Paris. "I believe Batavians don't give up. I believe that we will get people to come out and say 'No, we don't want (the Muckdogs) to leave, we want them to stay. We're going to show you we don't want them to leave by coming out in numbers.'

"Furthermore, should the team be sold: nobody's going to leave it in Batavia if there isn't support. So now is not the time to remove support. Now is the time to step up and support (the Muckdogs), regardless of the outcome."

Batavia man pleads guilty in federal court to child pornography charge

By Howard B. Owens

A 33-year-old Batavia man pled guilty today in U.S. District Court to a felony charge of receiving child pornography.

Samuel W. Nigro faces a prison sentence of five to 20 years and a fine of up to $250,000.

The case was prosecuted in a Buffalo federal court by Assistant U.S. Attorney Aaron J. Mango. Mango said Nigro received images and videos of child pornography using various internet sites on or about Dec. 9, 2008.

A search warrant was executed on Nigro's Batavia residence on Dec. 9, 2009. Mango said a forensic analysis of Nigro's computer revealed a total of 5,239 images and 113 videos of child pornography.

Sentencing is scheduled for 1 p.m., Nov. 16 in Buffalo.

Renowned Batavia surgeon weighs in on health care -- part 2

By Daniel Crofts

This entry concludes Sunday's article on the comments of Victor DeSa, M.D., who spoke to senior citizens at Batavia's First United Methodist Church last week.

Please remember, this is a summary of DeSa's presentation and does not necessarily reflect the views of The Batavian:

Medicare, Medicaid and senior services

By requiring insurance companies to expand coverage, the new health care law will drive costs up, according to DeSa. The government has told consumers that these costs will be offset by subsidies for people making less than $80,000 per year.

These subsidies will be coming, in part, from a $500 billion cut from Medicare -- and that's where senior citizens and others eligible for Medicare should be concerned.

But this is not the only problem. Both Medicare and Medicaid, which DeSa called "the original two public options," have met with disaster. Medicaid has already failed, and Medicare is on the brink of failure.

"The government has no idea how to handle the rising costs. Their idea of handling the costs is to take a machete to (the programs) and cut."

The result is the "doctor fix," a 21-percent cut in doctors' reimbursements. This could be disastrous in a system where the cost of providing services is already greater than what the doctors receive in compensation.

For that reason, many doctors no longer accept Medicare. The Mayo Clinic in Arizona has already determined that because of the new health care legislation, it will no longer deal with the program.

"So Medicare patients are going to have fewer and fewer choices of who is going to take care of them."

With fewer doctors available, waiting periods will increase. So the direction Medicare is taking presents seniors with a double disadvantage.

The government "carved the 21-percent doctor fix out of the bill" in order to avoid upsetting America's seniors, but that doesn't mean they've addressed the cost. They are simply pushing it to the side and will have to deal with it later.

"Six months down the road, they have to still come up with a fix for this 21-percent cut that they are going to make on Medicare payments to the doctors."

So that's the story with Medicare and Medicaid. As far as insurance for retired citizens goes, people who worked in the public sector should be okay (although DeSa said it's not impossible that this could change, because "anything is possible" with what the government is doing), but people in the private sector should be concerned.

What to do?

When asked how we can change the course we've taken, DeSa answered: "We've got to kick out the guys who did this."

He appealed to the power of senior citizens -- which he became two years ago -- who are "feared in Washington because we vote."

Many seniors were suspicious when the government said that $500 billion had to be cut from Medicare to cover health care.

"If they really addressed costs the way we asked them to do, a person making $40,000 a year be able should be able to afford health care coverage without subsidies, don't you think?"

Failure to address the problem of cost in the current system was one of DeSa's main critiques of the health care bill. He said that in looking for alternative plans, we need to look for one that does address them.

Counting the costs 

There are three main factors driving health care costs:

1) Overuse

Back in the old days, when there was usually only one doctor in town and he had to go to patients' homes to treat them, people only went to the doctor when there was something really wrong.

Now, with easy access to medical examination and treatment, people will go to the doctor -- and even to the emergency room -- whenever they have a minor health concern.

"We have to change that if we want to truly address the cost of health care."

But it's not just patients -- doctors sometimes overuse the system, too.

"I hate to admit it, but there's greed in every profession. There are bad apples in every bunch, and you've got to admit it."

2) The fact that people have insurance in the first place

Strange as this may sound, this can be a problem.

"Insurance is like a credit card, but you don't have to pay every month. So there's no incentive for you to be prudent with the costs. You don't even want to know what the cost is, you just want the health care."

DeSa believes that while insurance cannot be eliminated altogether, people should reduce their dependence on it. For health purposes, they should only turn to insurance in times of emergency.

Generally speaking, the way people take care of this part of the cost is by having "skin in the game."

"If you shop around for a car or a house, why shouldn't you be able to shop around for a doctor? Especially in this day and age, with the Internet and everything."

3) Liability

"Everything from a Band-Aid to a heart valve has a mark-up depending on the risk."

In other words, the more dangerous the a product or its failure can be -- and, therefore, the greater the likelihood of a lawsuit -- the more expensive the product.

Because the liability cost is factored into the price of the product itself, "the little guy gets it in the neck every time."

DeSa fully supports the patient's right to sue when a doctor has done something wrong or is incompetent, but he also believes that the whole liability issue should be looked at when considering the cost.

Government out, skin in (the game)

Costs are going down for procedures that are not covered by insurance (Lasik surgery is one example). The reason?

Competition.

"Costs come down if there are market forces in place."

DeSa saw this in his native India, which had a socialized health care system until the early 1990s.

When he was studying at Jabalpur University in the mid '60s, the Indian government had total control of health care and sent all competing forces out of the country.

The effect of this was what DeSa called a "brain drain."

"The best and the brightest (doctors) were all leaving the country."

He sees the same thing happening here in Western New York, where there is a serious shortage of doctors.

"Over 80 percent (of young doctors surveyed at Western New York teaching institutes) say they'll train here, but they're not going to stay in New York to work. We are known as one of the most heavily taxed and over-regulated states in the country."

Our response to this situation should mirror the response taken in India back in 1990. At that time, India began to default on its World Bank loans. Finance Minister Monmohan Singh -- who is now India's Head of State -- saw that the system was not working and started the country on a different path.

"He got rid of the government, encouraged entrepreneurship and lowered taxes."

Above all, the patient must take responsibility and be in control of his/her own health care. It can't fall to the federal government to make important decisions regarding people's health care, no matter how well-intentioned they might be.

Déjá vu

In addition to drawing from the experience of his native country, DeSa also discussed two other examples of what he sees as a health care system set up for failure.

The U.S. government's new health care model is based on the Massachusetts health care model, which DeSa called "an abject failure." He cited problems related to his comments about young, healthy citizens abusing health insurance.

"Just Google 'Massachusetts Health Law -- success or failure?'"

Socialized health care has proven disastrously ineffective in Britain as well.

"Just this month, Britain recognized that its system is a failure and said they are going to change the whole thing."

Part of that change will be a shift in power from bureaucrats -- of which there are 1.5 million overseeing the United Kingdom's National Health System -- to the doctors. As good as this sounds, DeSa fears it may be too late for it to work.

"The doctors (in the UK) have no business experience. Up to this point, the government has been taking care of everything."

His concern is that U.S. doctors will share a similar fate. As his presentation drew to a close, he told everyone that under the government's new plan, there will be over 120 new bureaucracies controlling health care.

DeSa admitted right at the start of his presentation that he had a bias as a health professional. He encouraged everyone to do their own research and decide for themselves whether or not the new health care reforms are to be welcomed or feared.

For sale sign hung on Batavia Muckdogs franchise

By Howard B. Owens

UPDATED 11:59 a.m.

With recent reports that the Rochester Red Wings are not likely to operate the Batavia Muckdogs for a fourth, reportedly money-losing season, the local owners of the storied franchise announced today they are seeking a buyer for the ball club.

Presumably, the owners, Genesee County Baseball Club, will seek an owner willing to keep the team in Batavia, though that's not yet confirmed.

Club President Brian Paris said ideally, the Genesee County Baseball Club will be able to find a buyer willing to keep the team in Batavia.

"Obviously, that's our first preference," Paris said.

But he's also hopeful that just like the miracle of the Red Wings rescuing the team at the last minute three years ago, perhaps another miracle will keep the team in GCBC hands.  What the club needs, he said, is three or four deep-pocket Western New York companies to step forward with sponsorships of $25,000 to $50,000 each.

It happens in other small markets, he said.

"That's a very realistic thought because other teams have those kinds of sponsorships," he said.

Paris said he doesn't blame the community.

"The tragic portion of this, is that we are on brink of losing the team and I think I’ve tried to be very frank with people and the media that this is what could happen if we don’t have a greater amount of support in ticket sales and sponsorship," Paris said. "I love Batavia and this is something we're just going to have to work through one way or another."

One of the team's most valuable assets is its name, Batavia Muckdogs. Little League teams across the nation have licensed the logo and name. It the team moves, it will no longer be the Batavia Muckdogs.

Paris said it's too soon to talk about scenarios involving no buyer being found, or a buyer being found and the team being moved to another city.

"I hate to be Pollyanna, a small town tree hugger, but something good is going to come of this," Paris said. "It’s going to work out. We just don’t know what it is yet."

Full press release after the jump:

BATAVIA, NY—The Genesee County Baseball Club, the not-for-profit organization that owns the Batavia Muckdogs of the New York-Pennsylvania Baseball League, announced today that it is soliciting offers from potential buyers of the team.

For the past three years, Rochester Community Baseball, owner of the Rochester Red Wings, has operated the Muckdogs under an agreement with the GCBC. The Red Wings have informed the GCBC that it is unlikely that the relationship will continue for a fourth year.

“We thank the Red Wings for these last three years, which included the memorable 2008 championship season,” Paris said. “They have indicated that they are probably going to move on, and we respect their decision.”

Paris said that the GCBC will give “strong preference” to potential buyers who pledge to keep the team in Batavia.

“Batavia has had a team in this league since 1939,” said Paris, “and we are very hopeful that we can find a buyer who appreciates the rich history, family atmosphere, great ballpark, and wonderful community spirit of Batavia.”

The NYP League, then called the PONY League, was founded in 1939 at a meeting at the Hotel Richmond in downtown Batavia. Batavia and Jamestown are the only two original PONY League cities that are still in the league.

Police Beat: Suspected drug dealer allegedly caught with 22 bags of crack

By Howard B. Owens

Willie J. Woods Jr., 36, of Casper Street, Rochester, is charged with one count of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and aggravated unlicensed operation of a vehicle. Woods was stopped at the entrance to the New York State Thruway by members of the Local Drug Enforcement Task Force and uniformed deputies. Woods was nabbed after a month-long investigation into the trafficking of crack cocaine in Batavia. Woods was allegedly found in possession of 22 bags of crack and a quantity of suboxon as well as $2,000 in cash. Woods was jailed without bail.

Jerry T. Saddler, 34, of 112 State St., Batavia, is charged with disorderly conduct and harassment, 2nd. Saddler was reportedly involved in an altercation in a front yard on State Street on Wednesday. Saddler reportedly aggressively approached neighbors and used profane language, leading to a disorderly conduct charge. On Wednesday, the woman he reportedly hit in the face declined to press charges. She changed her mind on Thursday and Saddler was charged with harassment, 2nd.

Ra Aaron, 39, of 111 Liberty St., Apt. C, Batavia, is charged with harassment, 2nd, disorderly conduct, attempted assault, 3rd. Aaron reportedly aggressively approached a person on Lewis Place and grabbed her by her wrists. When police responded, Aaron was located a short distance away. When approached by Officer Thad Mart, Aaron allegedly threatened the officer and then attempted to punch him. Aaron was jailed on $1,000 bail.

Martin L. Flickner, 48, of 4503 York Road, Leicaster, is charged with grand larceny, 3rd, and falsifying business records, 1st. Flickner was taken into custody on an arrest warrant upon his release from the Livingston County Jail. He is accused of falsifying the business records of his employer and stealing more than $3,000 between July 2008 and January 2009.

Batavia men accused of trying to shoplift more than $1K in items in Henrietta

By Howard B. Owens

One Batavia man was arrested and a warrant issued for another last week by Monroe County Sheriff's deputies for an alleged scheme to shoplift a basketful of items from the Home Depot in Henrietta.

Chad M. Johnston, 24, of Batavia, was taken into custody Aug. 5 and a warrant was issued for Mark W. McWerthy, 43, also of Batavia.

The duo is accused of filling up two shopping carts full of identical merchandise, running one through a check-out stand while leaving one unattended, then returning for the second cart and trying to exit the store using the first receipt as a proof of purchase.

The cart reportedly contained more than $1,000 in merchandise.

Johnston, already on parole, was jailed without bail. McWerthy reportedly fled the scene before deputies arrived.

Both are being charged with grand larceny, 4th.

In February, Johnston admitted in Genesee County Court to a burglary on Fairway Drive, where he attempted to steal more than $1,000 in household items, including a washer and lawn mower. Johnston was reportedly on parole at the time.

Today's Deals: Main St. Pizza, Settler's, Trading Post, Center Street and more

By Howard B. Owens

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Settler's Restaurant, 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.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

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

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 $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

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

SOLD OUT

 

Oakfield deals with another young death after motorcycle accident

By Timothy Walton

It's another sad day in Oakfield. Twenty-one-year-old Justin M. Dickes was killed in a motorcycle accident as he left the funeral for Joshua Durham, who was one of three killed this past weekend in a car accident. Durham was killed along with friend Matthew Ware, 22, of Oakfield and his girlfriend Allyson Galens, 20, of Stanley.

It is believed that Dickes was trying to pass a van, that was turning into a driveway, when he hit the side of it and was ejected from the motorcycle. The accident was witnessed by Dickes' brother and other friends that were also leaving the funeral.

Dickes was taken to UMMC where he was then pronounced dead. When the accident originally occured, Mercy Flight was dispatched to the accident but was not used.

The van, owned by Ben's Appliance, was driven by 47-year-old Edward Shultz of Elba. He was not injured in the accident.

Above photo from Dickes' Facebook page.

Incarcerated Batavia man indicted on 10 counts of rape

By WBTA News

The Genesee County District Attorney's Office has indicted a man locked up in Elmira Correctional Facility for sex crimes he allegedly committed in the City of Batavia back in 2008.

Phillip E. Kroft Jr., 22, is a former city resident. District Attorney Lawrence Friedman alleges that between Sept. 29 and Nov. 10 of 2008, Kroft raped a young victim under the age of 15 on 10 separate occassions. That's just a 43-day period.

The D.A.'s office confirms that the victim was the same each time.

Kroft is now charged with 10 counts of 2nd-Degree Rape. He is currently incarcerated in Elmira on previous convictions in Genesee County. According to the D.A.'s Office, those convictions were for 2nd-Degree Rape, 1st-Degree Sexual Abuse, 3rd-Degree Criminal Possession of a Weapon, and 4th-Degree Conspiracy.

Double murder suspect from Oakfield reportedly confesses to cellmate

By Howard B. Owens

A former Oakfield resident who is a person of interest in a local unsolved murder reportedly told a cellmate in a Pennsylvania jail that he killed a couple there for money.

Stephen Patrict Rebert, 45, will stand trial for the double homicide of Victoria and James Shugar, both 61, of Jefferson County, following a preliminary hearing in which District Judge David Inzana said the prosecution presented sufficient evidence to try Rebert.

District Attorney Jeffrey Burkett presented a signed statement at the end of the hearing from Rebert's cellmate saying Rebert was motivated by his desire to steal rare coins and currancy, according to the Punxsutawney Spirit.

Rebert was arrested in Genesee County on June 3 and turned over to Pennsylvannia law enforcement. Investigators there say they found evidence on Rebert's computer tying him to the 2005 murder of Bill Fickel in Oakfield as well as the unsolved murder of Kevin Smith in Orleans County.

Photo courtesy of the Punxsutawney Spirit.

Car-motorcycle accident in Alabama

By WBTA News

There has been a car-motorcycle accident in the area of 2687 Judge Road in Alabama.

A Mercy EMS ambulance is responding while a Mercy Flight is in the air and on its way.

UPDATE (12:25): The patient is not being Mercy Flighted, but is on the way to UMMC.

Grand Jury Report: Man accused of raping girl in Batavia

By Howard B. Owens

Philip E. Kroft Jr., is indicted on ten counts of rape, 2nd. Kroft is accused of being 18 years of age or older and engaging in sexual intercourse with a person 15-years-old or younger. The alleged encounters occurred between Sept. 29 and Nov. 10, 2008, in the City of Batavia.

Kenneth R. MacGregor is indicted on three counts of criminal possession of a forged instrument, 2nd, and one count of aggravated unlicensed operation of a vehicle. MacGregor is accused of writing a forged check on June 4 in the Village of Corfu for $482.12, and on June 7 for $477.18 and on June 7 for $892.43. He is also accused of driving a car with his privileges suspended on June 7 in the IGA parking lot, Village of Corfu.

Javonie E. McKinney is indicted on one count of DWI and one count of aggravated unlicensed operation of a vehicle. McKinney is accused of operating a 2009 Kia on Bank Street, Batavia, on April 17 while intoxicated.

Police Beat: Duo allegedly caught with stolen vehicle

By Howard B. Owens

Tara Marie Gardner, 31, of West 3rd Street, Oswego, is charged with criminal possession of a stolen vehicle. Gardner was taken into custody at 7:51 a.m., Wednesday, on Route 98 near the Thruway entrance. The vehicle she was in was reported stolen earlier in Fulton. She was jailed on $100,000 bail.

John Patrick Smith, 39, of Somers Drive, Fulton, is charged with criminal possession of a stolen vehicle, DWI, and breath test refusal. Smith was taken into custody at 8:16 a.m. on Route 98, Batavia, following a complaint about use of a stolen credit card. The vehicle he was operating was reportedly stolen in Fulton. Smith was jailed without bail.

Jolene J. Goodell, 30,  of 13 Gilbert St., Le Roy is charged forgery, 2nd. Goodell is accused of altering a doctor's prescription in order to receive more of a narcotic medication. Goodell allegedly tried to pass the prescription in September at a local pharmacy, but a pharmacist detected the alteration.

Kathleen A. Wenzel, 62, of 8481 North St. Road, Le Roy, is charged with DWI, aggravated DWI with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Wenzel was taken into custody Wednesday on Lake Street by Det. John Condidorio after a witness reported seeing Wenzel seemingly having a hard time getting in and out of her car.

Top Items on Batavia's List

AVAILABLE NOVEMBER 1ST CITY OF BATAVIA 4-5 bedroom Duplex apartment with 1 Bedroom, Living room, laundry room, dining room, bathroom, and small kitchen on first floor. 4 bedrooms 2nd floor. Newly painted. Some new carpet. Basement storage. 1/2 garage use for storage/ not parking. Large yard. $1,100/month includes trash pickup, Refrigerator, Gas Stove. You pay gas, electric, water. No dogs. Good references required with background check. Pathstone approved. Near ARC. Mike 585-993-4002
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