batavia

A working house fire is reported at 11030 Sandpit Road. Alexander and Darien fire departments are responding, and Town of Batavia and Attica are called for mutual aid. The location is said to be at or near "the old school house." Law enforcement on scene reports the propane tanks are shut off but the blaze "is really cooking." They have not yet determined if the occupant(s) are out. They are embarking on a search.

UPDATE 10:22 p.m.: The power company is called to the scene.

UPDATE 10:24 p.m.: National Grid is advised, no ETA given.

UPDATE 10:25 p.m.: A patient has been located.

UPDATE 10:42 p.m.: At least one patient suffered multiple burns and CPR is in progress. Possibly another patient is en route to an area hospital.

UPDATE 10:44 p.m.: The firefighters are now focusing on rehabing the structure. themselves as need be.

UPDATE 10:48 p.m.: One person is at UMMC, transported by Alexander #10.

UPDATE 10:51 p.m.: Bethany firefighters have also assisted on this call.

UPDATE 11:03 p.m.: National Grid has a 20-minute ETA.

UPDATE 11:09 p.m.: Alexander #10 is returning to the scene. The sole victim was not the homeowner but a male house sitter.

UPDATE 11:14 p.m.: The Town of Batavia assignment is back in service.

UPDATE 11:17 p.m.: Mercy Medics who responded are told to go back in service.

UPDATE 11:21 p.m.: The power company is on scene.

UPDATE 12:07 p.m.: The sole victim transported to UMMC subsequently died, according to Tim Yaeger, Genesee County Emergency Management coordinator. More T/K.

UPDATE 1:52 a.m.: All Alexander units back in service.

Through 36 years in the league, the entire history of the league, Charlie O'Geen has never held the Batavia Men's Hockey League Championship Cup.

Today he did.

His son, Brian, a teammate, along with other teammates on the Genesee Orthopedic Blues, carried the cup to him after their 4-3 over the Max Pies Jets.

O'Geen is layed up in a hospital in Buffalo.

"I so wish he could be here," Brian said. "I was in tears last night  because I was afraid this was going to happen and he wasn’t going to be here."

The Blues jumped out to a 4-0 lead. The Jets fought back, but could never notch that final goal to tie it up.

"We got on them early," said Jeff Rauter, standing in for O'Geen as team captain. "We played a little physical. They like to play physical, so it makes the game go faster. They've got some good players on the team and we just contained them."

To purchase prints of the photos, click here.

The other basketball hero to come out of Genesee County Saturday was Laurie Call.

Call was given the job of guarding Sherman's Elle Reed, the top scorer Class D Section VI, who averaged 32 points a game coming the Far West Regional Championship game.

Reed was held to 19 points in the contest, and fouled out with more two minutes remaining in the game.

Notre Dame beat Sherman 70-32.

"This wasn't the team we scouted," Sherman's head coach, Mel Swanson, told the Jamestown Post-Standard.

By Swanson's estimation, the Notre Dame girls were much more proficient with three-point jumpers, which helped the Fighting Irish jump out to a quick 20-4 first quarter lead.

Melanie Taylor scored 24 points and Riley Norton added 14 and Emma Francis, 9.

Swanson also expressed some frustration with playing against a private school, which is something Setion VI teams don't face until they match up against Section V.

''It is tough. It's an inequality. Their players played hard and they were very good players and they did great things with the basketball. But when you're a small school like ours that graduates 30-something kids and you have to compete at that level It's just such a different field they get to draw from. .... "

Notre Dame enters the Final Four state championship round ranked #5 in the state and will square off against #2 ranked Fort Edward at 10:45 a.m., Saturday, at Hudson Valley Community College.

PHOTOS: By Bare Antolos. Click on the headline to see more photos after the jump.

With six-and-half seconds left in the game, down by two, who are you going to give the ball to? Jalen Smith? Justin Washington? Jamesson Etienne?

How about a lanky sophomore who spent most of the season on the JV squad?

According to Batavia Blue Devils Head Coach Buddy Brasky, Jeff Redband was always part of the plan.

"He's the second best shooter on the team," Brasky said. "I don't care what grade he's in."

For most of the night, the Far West Regional Championship game between Batavia, the #9 Class B seed in the state, against the #1 ranked Olean Huskies, was a prototypical seesaw.

Batavia took an early lead; Olean tied it up. Batavia jumped out in front again to lead at the half, and Olean looked like they were about to put the game out of reach in the third quarter, scoring 21 points against Batavia's 10.

The fourth quarter, though, the fourth quarter belonged to Batavia, who outscored the Huskies 20-12.

"It's all about defense," said junior guard Jake Brasky. "In the beginning of the fourth quarter, we came out, we made a statement. We shut them down."

Even with the Huskies' taking fewer shots and missing the chances they got, Batavia had to claw back from what at one point was a 12-point deficit.

That meant that with less then a minute to go, the game was notched at 60 apiece.

Wil Bathurst, Olean's leading scorer on the season, out maneuvered Redband on a lay-up to put the Huskies up by two.

As the Blue Devils hustled the ball down the court, a missed pass sent the ball bounding back toward Olean's goal.

Washington stumbled after the ball as he got tangled up with a Huskie. Redband sprinted down the court and managed to nab the ball before it went out of bounds.

Coach Brasky called a time out.

That's when he layed out the plan: Washington would bring the ball down the court and head for the basket. If he found a lane, he could go in for the shot, but if his path was blocked, he was told to pass it to Redband waiting in the near-side corner.

"I knew they would be all over Jalen," Brasky said. "They would not let Jalen get the last shot."

As Washington headed toward the basket, Olean's Patrick Scholla stepped in his way. Washington started to fall and he shoved the ball in the general direction of Redband, who was ready, right in the spot Brasky had told him to be.

"I put him there and told him on the bench, 'if it’s kicked to you, you’re going to nail the shot to win the game,' " Brasky said. "That's not exactly how we planned it, but we'll take it."

Redband, Washington, Smith and Jake Brasky were all pretty speechless after the game. It was a wild end to a hard-fought game.

"When Jeff hit that shot, I didn't even know what to say," Jake Brasky said. "I was shocked."

With a battery of television cameras in his face after the game, Redband struggled to find the words to express how we felt. We spoke later and he summed it up nicely.

"It's a blessing because to be on the team for eight games, six, seven or eight games now, and to get the game-winning shot to save all of our seniors' seasons and high school careers, it's the best feeling in the world," Redband said.

Smith said he wasn't surprised Redband came up big when the team needed it.

"I always knew he'd be on varsity eventually," Smith said. "He can shoot and he's a hard worker."

Etienne also came up big in the fourth quarter, scoring six of his 10 points on the night.

Again, Etienne stepping it up was by design, Brasky said.

"We thought we had an advantage high screen and roll because their big guy who was guarding Jamesson was hedging out on Jalen, so that left Jamesson rolling to the basket," Brasky said. "That’s one of our key sets and Jalen was the one who suggested (it). He came to me at half time and said I can hit Jamesson on the roll, so we kind of went to that at the beginning at fourth quarter."

All along, Brasky said he was worried about Olean's shooting guards, Nick Schmidt and Max Portlow.

"We knew it was going to be tough to hold them to 13 or under per quarter," Brasky said. "They have so many weapons. I said to my coaches before the game if their guards shot the ball well, it’s going to be tough for us to win. They’re guards shot the ball extremely well and we still won."

Schmidt scored all 12 of his points in the game on three-point jumpers. Portlow hit two three-point goals and Bathurst added two more.

Each three-pointer in the third quarter brought the Huskies' bench to life, and the whooping and hollering didn't go unnoticed by Washington.

"When the other team gets pumped and starts screaming, I don’t like it," Washington said. "It motivates me to play better."

Brasky told his players not to sweat the hot streak.

"When you live by the three, sometimes it’s fool's gold," Brasky said. "They have good shooters. Their guards are good shooters, but they’re hot and cold. They did get hot, but I kept telling the guys on the bench, they’re going to start missing. Weather the storm. We’re OK. Just get the rebounds when they miss."

And Batavia did get the rebounds, the most important from the likes of Etienne and Redband, who were able to convert rebounds under their own goal into scores.

In all, Redband ended the night with 11 points, including three three-point goals, and five rebounds.

Smith scored 24 points, hitting five three-pointers. Washington had 16 points and 10 rebounds, including nine big grabs on defense.

Bathurst led the Huskies in scoring with 18 points.

Even when his team was down by 12 in the third quarter, Smith said there was nobody on the team ready to throw in the towel.

"Our mentality is to fight to the end, to play to end and we talked about it during timeouts that we need to keep fighting and keep playing," Smith said. "When the fourth quarter started, we started to pick it up. They went on a little run, but our team sticks together and we play with confidence."

The Blue Devils trip to Glens Falls on Saturday is the first trip to the final four for Batavia since Washington was a freshman, when the team got knocked out in the first game. Washington, Smith and Jake Brasky said they're all feeling confident as they head into the state championship series.

With six-and-half seconds left and down 62-60, Batavia in-bounded the ball on the far end the court. Justin Washington brought the ball past half court to the top of the key, where he was met by two Olean players who blocked his path to the basket. As he was tripped up and started down, he flipped the ball toward sophomore forward Jeff Redband, who was waiting well outside the three-point line. Without hesitation, Redband grabbed the loose ball, and as the last second ticked off the clock, Redband flicked the ball toward the hoop. Swosh. All net.

The final score, Batavia 63 and the state's #1 rank Class B team, Olean, 62.

Batavia will move onto the final four of the state championships in Glens Falls on Saturday.

We'll have more photos and full coverage later tonight, or more likely tomorrow morning.

Meanwhile, Notre Dame crushed Sherman 70-32 at Buffalo State in the girls Far West Regional Championship game. Bare Antolos will send some photos to us later.

UPDATE: Here's a video of the final play:

UPDATE:  Here's another video by Josh Stendts.

A caller reports a suspicious condition to the dispatcher. He complains that a vehicle is parked across the street from his house and that it's been there for some time. He suspects this is meant to harass him. He has no idea who the vehicle belongs to, but he believes the person responsible for the parking situation may have a restraining order against him. Law enforcement is responding.

Reed Batavia Properties, LLC, 39 Washington Ave., Batavia, has been approved for $140,861 in tax incentives for upgrades to its building. Reed purchased the building from Batavia City Schools. The 13,452-square-foot building is the former administration building. Reed will renovate the building for medical/office use. Genesee County is currently designated a Health Professional Shortage Area. The assessed value is $475,000. The property was formerly tax exempted and will become taxable at the current assessed value. Reed will receive a tax abatement PILOT on the increase in assessed value over the current assessed value, which is an anticipated tax savings for Reed of $76,361. Reed will also receive sales tax exemption on construction materials, furniture and fixtures of $52,000 along with a mortgage tax exemption of $12,500. Reed is investing $1.5 million in the project and expected to create six new jobs.

Yancey's Fancy, Inc./D&Y Cheeses, Inc., 857 Main Road, Pembroke, is planning a $10.2 million expansion. GCEDC has approved $980,000 in incentives. The expansion will increase capacity and create new flavors and cheese types. All packaging will be performed at the facility. The company will also build new offices. The current facility is 29,000 square feet. The expansion is 65,000 square feet plus a 25,000-square foot expansion of the second floor. The sales tax exemption is $320,000 with a mortgage tax exemption of $112,500 and PILOT of $547,533. Yancey's Fancy has pledged 50 new jobs within three years.

Darien Lake Theme Park, is investing $5.2 million in new rides and upgrades to the park and accommodations. The company will receive a $328,939 incentive package through GCEDC. The project includes construction of new cabins, a new "launch ride," and a laser light attraction. The upgrades are expected to take three years to complete. GCEDC has approved a sales tax exemption of $181,600 and a PILOT of $147,339. Darien Lake provides more 400 full-time equivalent jobs, including 2,000 seasonal workers. The expansion is expected to create six new jobs and retain 422 FTEs.

Fontrick Door, Inc., 9 Apollo Drive, Batavia, is expanding through acquisition of the building at 1 Treadeasy Ave., Batavia. Frontrick Door is investing $500,000 to purchase the $31,919-square-foot building, where it plans to develop a window manufacturing location in 2014. GCEDC has authorized a mortgage tax exemption of $6,250. 

Bonduelle is planning to make a $3.2 million capital investment in its plants in Oakfield, Bergen and Brockport. This is mainly a retention project to upgrade facilities, according to GCEDC. The majority of the investment will be made at the Oakfield plant, where a lima bean line will be installed. Bonduelle has secured contracts with farmers for 2,500 acres of lima bean production. The upgrades are expected to lead to 12 new seasonal -- five months -- jobs in Oakfield. Bonduelle is receiving a $250,000 grant for the project. Jobs retained: 305.

The Batavia Ramparts Squirt III hockey this week won the 2012-2013 Western New York amateur hockey league championship.

Photo submitted by Robert Grimm.

Rep. Chris Collins met with a group of more than 30 farmers from throughout the NY-27 today at Farm Credit East.

The farmers comprise an advisory panel for Collins, who sits on the House Agriculture Committee.

The group was set up to advise Collins on issues pertinent to the industry, such as immigration, the new five-year Farm Bill, and regulations affecting dairy, vegetable, fruit and grain farmers.

This afternoon, Collins will also attend the Genesee County Economic Development Center's annual meeting at Genesee Community College.

Four youths are reportedly on the roof of a garage on Montclair Avenue and refusing to come down.

Batavia PD is responding.

UPDATE 5:13 p.m.: A police officer informs dispatch, "All youths returned to their residences. I spoke with their parents."

Press Release:

The City of Batavia Republican Committee elected Matt Landers as the new Chairman during their meeting on March 5. Matt replaces longtime Chairman Joseph Gerace. The Committee thanked Joe for his many dedicated years of service to City of Batavia Republicans and presented him with a plaque. Matt has been the Treasurer for the City Committee the last seven years, along with serving as the County Republican Committee Treasurer the last six years. In addition, Matt is currently the Treasurer for the Batavia Kiwanis Club. Matt resides in the City with his wife, Melissa, and their two children, Kaitlyn and Benjamin.

Anyone interested in joining the committee can e-mail Matt directly at lmlanders@yahoo.com. The City of Batavia Republican Committee welcomes any new members who would like to get involved in local politics and support the ideals of the Republican Party.

Robert F. Sargent, 50, of 416 East Center St., Medina, is charged with two counts harassment, 2nd. Sargent is accused of sending 67 text messages to one person and 27 text messages to another person over a period of weeks. The messages allegedly served no legitimate purpose and seriously annoyed the recipients. Sargent turned himself in to Batavia PD.

Samuel James Vernaccini, 19, of South Street, Le Roy, is charged with unlawful possession of marijuana. Vernaccini was stopped at 5:32 p.m. Monday on East Main Street Road, Batavia, by Deputy Joseph Corona for an alleged traffic violation.

Batavia used a 21-4 run over the final five minutes of the game to defeat Hornell and advance to the Class B Far West Regionals, 65 to 51.

The fourth quarter belonged to Batavia senior forward Justin Washington, who scored eight points and grabbed eight rebounds in the final frame alone.

Washington entered the quarter with only six points and having sat the majority of the third quarter with three fouled. But when he reentered the game, he immediately took over.

“(Washington) took the game over. Plain and simple,” said Batavia Head Coach Buddy Brasky. “I think he just decided it was time. He pretty much just took the game over, put us on his shoulders and carried us home.”

In the first half it was a different story for the Blue Devils, who jumped out to an early lead behind an unexpected source.

As Washington and Jalen Smith struggled to find their stroke in the first half, it was senior T.J. Powell who stepped up and delivered.

Powell scored all 13 of his points in the first half, while grabbing six rebounds, to give Batavia a 30 to 24 halftime lead.

“T.J. was tentative in the Newark game and we talked about it in practice,” Brasky said. “I told him to go out and be aggressive. I told him tonight is going to be your night and that was key. That’s the T.J. we need.”

Hornell began to cut into Batavia’s stingy defense during the third quarter, outscoring the Blue Devils 18-12 in the period, and eventually tied the game on a three-point field goal from Richard Brooks with just under a minute to play in the quarter.

“We weren’t sprinting back on defense,” Brasky said. “Their secondary break killed us. We were jogging back and they took advantage.”

The two teams headed into the fourth quarter tied at 42 and traded baskets before Brooks hit another three to give the Red Raiders the lead before Smith and Washington began to take over.

Smith had been struggling from the field all evening, going just 7-of-20 from the field and 2-for-13 from three point range for the game, but he began to take over in other facets.

The senior came up with three assists in the quarter, one on a gorgeous pass to sophomore Jeff Redband for an easy lay-up that forced a timeout.

“I trust my teammates to score, too,” Smith said. “I can’t score all of the points and my teammates help out a lot. They play hard and we all play together.”

Washington scored the first two baskets of the quarter for Batavia, and had matched both his point and rebound total for the entire game in the first four minutes of the frame.

After Hornell had taken a 47-44 lead, the Blue Devils went on to score the next 12 points during their 21-4 run to end the game. In total, Batavia held the Red Raiders without a point for nearly four minutes.

“Our team handles pressure very well,” Smith said. “We stuck together as a team, we played hard, we kept our confidence and we all stuck together.”

Smith would finish with a game-high 25 points, including several key free throws down the stretch to ice the game for Batavia (19-3).

Washington chipped in with 14 points, 14 rebounds and two steals for the Blue Devils, who will face the state's top-ranked team on Saturday in Olean.

The Huskies defeated East High School of Buffalo on Tuesday to win the Section VI championship, 62-50.

They are led by 6-foot-7 junior forward Sam Eckstrom, who notched his 1,000th point in the win and senior guard Wil Bathurst who scored 27 points, grabbed 19 rebounds and blocked six shots.

“Olean is the number-one ranked team in the state,” Brasky said. “We played them last year. We have everybody back and they have everybody back. They are just a solid team.”

The Blue Devils defeated Olean in their own tournament last year, 56-43. The Huskies would win their next 21 games before falling in the State Semi-Finals.

Tip-off is scheduled for 4:30 p.m. on Saturday at the Blue Cross Arena.

To purchase prints of photos, click here. To purchase prints of earlier Blue Devils games (boys and girls basketball, click here)

Bradley Broadbent poked his finger into the defense desk and told Judge Robert C. Noonan this morning, "I'm never going to be behind this table again, your honor."

Broadbent was sentenced today on his five misdemeanor convictions stemming from his actions July 6 when he was high on a bath salt known as "Amped," that he said he purchased at the former 420 Emporium.

That day, he destroyed a bathroom of an office complex on Liberty Street, climbed on the roof of a house on Hutchins Street, and after leaving the emergency room at UMMC, entered a dwelling on Tracy Avenue.

A jury found him not guilty on all the felony charges he faced, but convicted him of five misdemeanors: two counts of criminal mischief, 4th, two counts of criminal trespass, 2nd, and petit larceny.

Those are charges, he said, he would have entered a guilty plea to if given a chance.

Broadbent said he really wants to get his life straightened out and was hoping for a probationary sentence or weekend incarceration.

"I've been in jail almost my whole life," Broadbent told Noonan. "I know with my record, saying I'm sincerely sorry is hard to take seriously, but I am sorry. This is the last time I'm ever going to be at this table, your honor, regardless of what you sentence me to."

Because of Broadbent's record, District Attorney Lawrence Friedman said, anything less than the maximum sentence available under New York law would be inappropriate.

Broadbent has a history, Friedman said, of violating terms of probation and parole.

Noonan did sentence Broadbent to the maximum for his misdemeanor convictions, which is two consecutive one-year terms in jail. With time served and time for good behavior, Broadbent will be out of jail in seven to eight months.

"You're a poster child for why bath salts had to be banned," Noonan said. "The evidence of your behavior in this trial was nothing short of bizarre, and not only in terms of what you did, but what you were able to do with almost superhuman feats while under the influence of those substances."

But, Noonan said, there's nothing indicating Broadbent could abide by any terms of probation.

"If you turn your life around, nothing would make me happier and the other people in the criminal justice system," Noonan said.

At age 33, Noonan said, it was time for Broadbent to put his childish behavior behind him.

Just before Broadbent was escorted from the courtroom, Noonan added, "I'm going to hold you to your promise that I won't see you back here."

PUBLISHER'S NOTE: Bradley introduced himself to me prior to the hearing. He thanked The Batavian for our fair, accurate and honest coverage of his case. We had a long talk, none of which is really fodder for this story. He did ask me to emphasize that he offers his sincere apology to the community for his behavior, that he realizes with his track record it might be hard for some to believe, but that he really wants to get his life going in the right direction. I believe he's sincere and truly hope he is able to move forward in a positive direction from this day forward.

Press release:

Site Selection Magazine has once again recognized Batavia/Genesee County as one of the top micropolitans in the United States. For the ninth consecutive year, Batavia/Genesee County has made the Site Selection Governor’s Cup rankings for top micropolitans and is now ranked tied for fifth on its national list.

“It is very difficult to jump up so many spots, especially with the intense competition among the top micropolitans throughout the United States,” said Mike Glennon, regional marketing director of Site Selection Magazine. “Congratulations to all in economic development in Genesee County; this is a superb job and a testament of the strength of the business climate and assets Batavia and the region have to offer.”

The ranking of Top Micropolitans is based on cities of 10,000 to 50,000 people which cover at least one county.  There are approximately 576 micropolitans in the United States according to Site Selection Magazine.  Batavia tied Shelby, N.C., for fifth place in the national rankings.

“This is a great recognition in an extremely competitive industry and it once again reinforces that when the public and private sectors work together we can accomplish great things for the region,” said Steve Hyde, president and CEO of the Genesee County Economic Development Council. “We look forward to continuing the momentum of this collaboration in our economic development efforts for 2013.”

The GCEDC will unveil its 2012 Annual Report highlighting performance results at the organization’s annual meeting on Friday, March 8 at Noon at Genesee Community College.

Among those attending include Congressman Chris Collins, New York State Senator Michael Ranzenhofer, New York State Assemblyman Stephen Hawley, Genesee County Legislature Chair Mary Pat Hancock and other local government and business officials.

National Grid will be recognized by the GCEDC as economic development partner of the year. Tickets are $20 and can be purchased in advance by calling the GCEDC at 343-4866.

The three men -- including two former City firefighters -- who admitted to a bookmaking charge late last year will work weekends for the community through the Sheriff's Office the next four and a half months, serve three years on probation and pay a $1,000 fine each.

Because the county's work release program doesn't have any openings until March 30, City Court Judge Robert Balbick delayed formal sentencing until March 26.

Greg Phillips, Brian Bordinaro and Lance Engel each appeared in court with their attorneys.

Engel was the first called to the bench and his attorney Joseph LaTona argued that Engel should be given a conditional discharge, meaning no supervised punishment, though he would need to stay out of trouble for a period of time.

All three men entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. The maximum sentence available to Balbick on the conviction was up to a year in jail.

LaTona took note that while it's true that his client initially faced felony charges, District Attorney Lawrence Friedman, "a pretty tough guy," agreed to reduce the charge to a misdemeanor for a plea bargain.

"My client had to resign his job of 17 years at the New York state Veterans Hospital," LaTona told Balbick. "In terms of punishment already sustained by my client and his family, that is enough."

Adding later, "He did wrong. He knew he did wrong and he knew it was a crime."

Asked for a statement by Balbick, Engel said, "I take full responsibility for my actions and the embarrassment it caused to members of my family, coworkers and friends."

Friedman (inset photo) acknowledged that even though the charges had been reduced from felonies, including the Class B felony of enterprise corruption, the fact the charges were reduced was already a substantial break.

Friedman supported the Probation Department's recommendation for Engel, which was a period of probation.

"Assuming the defendant is a law-abiding citizen in coming years, then it's not a great hardship for him to be on probation and that's a pretty good disposition for the community in a way I don't feel that a conditional discharge is good for the community."

Balbick said he's thought long and hard about the case, and while he has no doubt Engel is a hard-working family man who made just one "horrible mistake," a sentence of probation wasn't enough.

"It would be a waste of money to put this man in jail, but I do think this man committed a crime and there needs to be accountability to the citizens of this community," Balbick said.

After Engel's appearance, Bordinaro and Phillips approached the bench in turn. Both were asked if they would accept the same sentence as Engel.

The alternative sentence, Balbick said, was 120 days intermittent jail time.

Both Bordinaro and Phillips accepted Balbick's terms. There was no discussion about the sentence during their appearance before Balbick.

Phillips appeared unhappy with Balbick's offer and his attorney, Larry Andolina (top photo), admitted to reporters outside the courthouse that Phillips was indeed displeased with what transpired in court.

"It was a little more than what I expected, but we'll come back to court on the 26th and we'll deal with it then," Andolina said.

Asked about allegations that Phillips and Bordinaro conducted their bookmaking operation while on duty at the City of Batavia Fire Station, Andolino said the allegation was "nonsense."

Asked why the case had been reduced from felony charges, Andolina said, “The investigation wasn’t handled appropriately.”

Asked if there was a conflict of interest, Andolina said, "yes."

Asked if he would elaborate, he said, "No."

"You have to ask Larry Friedman or the Sheriff?" Andolina said. "They have much more information."

Asked again later if he had evidence to support his allegation that the investigation was mishandled, Andolina said, "Steve Mullen retired, didn't he."

When told that wasn't exactly evidence, Andolina again referred the question to Freidman or Sheriff Gary Maha. 

"You're asking the wrong people," he said and added, "My client still has to get sentenced on the 26h."

Later, Friedman said he wouldn't discuss the matter.

Maha who is out of town, has yet to respond to an e-mail requesting comment.

While Engel expressed remorse in court, neither Phillips nor Bordinaro were given a chance to speak.

Asked if his client, Phillips, was remorseful, Andolina said, "Sure he's remorseful. He lost his job. He lost his pension. He’s got a family. This is not a real big community. He knows a lot of people in this community. This is not a happy time."

Andolina said Phillips has been training to become a barber and can't receive a state license unless Balbick signs a "release from disability," a legal document that would allow Phillips to be licensed for such an occupation.

Balbick said he'll take up that matter on March 26.

Asked to comment on Balbick's characterization that the three defendants committed an offense against the community, Friedman said, "Regardless of how you feel about gambling laws, two of the defendants were professional firefighters and were on the public payroll and the evidence is that they were running the gambling operation on duty at least at times. The other defendant was an employee of New York State Veterans nursing home, so I think in that respect it would be considered offenses against the community."

UPDATE: WIVB's George Richert lead this evening's newscast with a story about the sentencing and included information accusing Mullen of placing bets with the bookies. Richert offered no proof, either in the form of documents or sources, to substantiate the claim. (WIVB Web Story)

Downtown Batavia needs a theater, according to local businessman Ken Mistler, and when Dipson announced that its Batavia location needed to be sold or it would close, Mistler stepped in and bought it.

Now comes the hard work and expense of upgrading the two-screen movie house, and Mistler wants to know what moviegoers want from their local theater.

His number one question right now, he said, is what will bring people to Batavia Showtime?

Consultants for the City of Batavia reported last summer that some $31 million from Genesee County residents is spent annually in Buffalo and Rochester for entertainment and dining.

"I want to get them to bring some of that money back to Batavia," Mistler said. "I want to give them a reason to stay here."

First order of business is to start showing first-run films. He's also going to invest a substantial amount of money -- he doesn't know how much it will cost yet -- into upgrading to a digital projection system and dropping 35mm film. He also plans interior renovations and changes, but he's taking it one step at a time, he said.

Mistler owns City Slickers Restaurant and he said a downtown theater is important to the restaurant businesses downtown, not just his own.

People still like to go out for dinner and a movie, and if there is no movie theater in Batavia, people looking for a full evening of entertainment will just go elsewhere.

With local ownership, Mistler said, he thinks he can breathe new life into the former Dipson.

There are plenty of ideas for Mistler to look at for his theater, which could include special movie nights, special events for children, a small stage for comedians or small bands -- all of that -- Mistler said -- is on the table for discussion.

"It wasn't that this was a bad place, but the owners lived far away," Mistler said. "It was hard for them to watch and maintain it with the other theaters they had. I’m going to be on hand and we can do things the other owners wanted to do but couldn’t do because they weren’t here."

The theater remains open seven days a week as Mistler takes over management and begins making changes.

He said among his promotional ideas is to offer a package of a dinner from City Slickers and theater tickets. He said he would love to meet with any local restaurant owners who want to do the same thing or have other promotional ideas to tie the theater more closely with dining downtown.

"I need the feedback from the people," Mistler said. "I need to know what they want. I really do."

On Facebook: Batavia Showtime.