Bergen

None of it is her fault, former Bergen resident Michele Ann Case told Judge Robert C. Noonan in County Court today during a sentencing on her second grand larceny conviction.

In fact, managers at HomeCare & Hospice, the former employer Case was convicted of stealing from while working as a nurse, concocted the whole scheme against her in order to steal insurance money, she said.

"How could hospice make such a colossal mistake (claiming she broke reimbursement rules)?" Case read from a three-and-a-half page written statement. "Simple, it was no mistake. These rules were new, and used retroactively to make my legitimate paid time into unpaid time in an attempt by hospice to claim I stole from them and in effect steal themselves. They then fraudulently submitted their so called losses to insurance and filed a false report to the police."

Noonan didn't buy any of it.

"I do have a feeling that you see everything through your own little prism of view and that's how you look at it," Noonan said. "You took a nursing job that didn't pan out because other nurses are paid more elsewhere. The detective didn't look at this or look at that ... at some point, you should sit back and look at this the way 24 separate jurors have now looked at it and concluded that you didn't just make mistakes. You stole money."

According to evidence presented at both trials, Case stole more than $14,000 by filing doctored time cards and incorrect mileage logs.

Case's first conviction, in 2012, was overturned on appeal, with the higher court finding that summary sheets tallying the amount of money Case stole was not properly supported by documentation.

In July, Case was convicted a second time by a new jury of grand larceny in the third degree.

District Attorney Lawrence Friedman argued today that rather than re-imposing the five-year probation sentence Case got the first time around, she should be sent to prison.

"She still views herself as a victim in this case and absolutely continues to deny any responsibility," said Friedman in a statement prior to Case getting up to speak. "Your honor, it is our position that she is not an appropriate candidate for probation and that she should receive a sentence of incarceration."

And by incarceration, Friedman meant state prison, stating that local jail time would mean no period of parole after serving her time, making it harder for the county to collect restitution from her. Also, only a state prison term would expose her to programs that might benefit her rehabilitation.

To a degree, Noonan said he agreed with Friedman's position, however, he never discussed a state prison option. He spent more time weighing the differences between a sentence of probation and time in the county jail.

A harsher sentence than the first one, Noonan said, could be perceived as retribution for appealing her prior conviction and winning a new trial; however, Case's violation of probation, failure to make any restitution payments after her first conviction, suggests she's not a good candidate for probation.

Also, having sat through two trials and hearing the evidence twice, Noonan said the mere fact that Case continues to deny any wrongdoing could be a foundation for a harsher sentence.

Noonan, however, doesn't consider Case a threat to return to a life of crime.

He imposed five years probation, and with credit for time served, she is not likely to serve any more jail time if she complies with the terms of probation.

Case now lives in Erie County. Her oldest child is a freshman at a local university and her youngest is a freshman in high school. Her attorney said she has returned to factory work (what she did prior to becoming a nurse) at minimum wage (she said she earned $60,000 annually as a nurse).

Noonan noted that early on in this case, she was offered a disposition that would have allowed her to keep her nursing license, but she rejected it.

Press release:

Congressman Chris Collins (NY-27) today announced $118,137 in federal funding for three local fire companies. The local fire companies are the Depew Fire Department, the Bergen Fire Department, and the Upper Mountain Fire Company. The grants were allocated through the Department of Homeland Security (DHS) Assistance to Firefighters Grant Program (AFG), which is designed to help first responders improve their capability to respond to fires and emergencies of all types.

“Providing the necessary funding for our first responders is an excellent use of federal resources,” Congressman Chris Collins said. “Our local heroes need the proper resources to do their jobs and protect our communities. Many small fire companies are unable to purchase necessary equipment upgrades due to financial limitations. This funding will provide new breathing apparatus, nozzles and hoses, equipment to prepare for chemical fires and hydraulic rescue tools creating more efficient and effective first responders. I am proud I was able to help secure this money.”

Specifically, the funding will be used to purchase a new Self Contained Breathing Apparatus (SCBA) filling station for Bergen Fire Department. Depew Fire Company will use the funds to replace aging hoses and nozzles, some of which have not been upgraded since the 1960s, and purchase foam educators to better prepare for chemical fires. Upper Mountain Fire Company will purchase hydraulic rescue tools.

Friends and family of Derek Sheldon gathered this afternoon in Trestle Park in Byron to remember the young man who died a year ago tomorrow in an accident at West Bergen Road and Selden Road, Le Roy.

Friends created a memorial to Sheldon near the pond in the park. It consists of the memorial post that was originally erected at the accident site, a tree and a log bench inscribed with Sheldon's name, birthdate and date of his death, and a quote from Derek, "People come and go I guess that's life no matter how hard times get put your head up and take the punches because someone's always looking down on you."

The bench was designed and built by Jake Maurer and Josh Lathan. Devon Jessop, JBR Grafx, sandblasted the words onto the back of the bench. Dan Sheldon provided the marker on the original tribute pole.

After people visited for about an hour at the site, Derek's mother, Karen Lashbrook, said a word about how it's hard to believe Derek's already been gone a year.

Ashley M. Stillwell, who was riding on the back of Derek's motorcycle and was seriously injured in the crash a year ago, was at the gathering today and is in much better health.

Previously:

• Young man from Bergen killed in motorcycle accident in Le Roy, passenger seriously injured
• Derek Sheldon remembered with tears, laughter and duck calls

CSX Railroad has notified the Genesee County Highway Department of a short-term emergency closure of the CSX rail-grade crossing at Route 262 in the Town of Bergen. The closure is required to replace a broken rail within the crossing. The closure is scheduled for Friday morning (7/25) and should last about 5 hours. A detour will be posted on site.

It took a jury all of 30 minutes to return a guilty verdict against former Bergen resident Michele Ann Case of grand larceny in the third degree.

This is the second time a jury in Genesee County has found Case guilty of stealing more than $14,000 from her former employer, HomeCare & Hospice.

The first conviction, in March 2012, was overturned on appeal because state justices found that summations of her thefts were improperly prepared and presented to the jury.

Case, 47, was represented in this trial by attorney Larry Koss, who argued before the jury in closing statements this afternoon that the extra compensation received was all just a big misunderstanding.

"The fact that there are discrepancies doesn't mean anything was done intentionally," Koss told the jury. "People make mistakes. I submit to you, if you're in the profession she's in, your primary concern has to be your patients. If you want to be a good nurse, you want to care for your patients. They have to be your primary concern. They have to be what you pay attention to."

District Attorney Lawrence Friedman told the jury that the evidence was clear: Case submitted claims for "call outs" (patient visits supposedly outside of regularly scheduled hours) during her normal work shift; that she submitted claims for call outs that she didn't make; and that she claimed mileage that was greatly exaggerated.

Koss said it was a lack of proper training and clear policies that caused Case to submit inaccurate claims for compensation.

There's nothing in the polices that define what allowable mileage is (to which Friedman responded during his close, "I think the answer is you're expected to record mileage truthfully."

During her employment with HCH, Case submitted 61 mileage claims. Of those, Friedman said, 60 of them contained wildly inflated mileage, up to 100, 200 and 300 more miles than Case possibly could have driven.

For a trip to Crossroads House on Liberty Street from the HCH office on East Main Street, Batavia, Case claimed 30 miles.

When confronted by Det. Charles Dudek (now retired) about the discrepancy, Case claimed at one point her trip that day originated in Warsaw, but even those miles -- combined with the side trips she claimed -- didn't add up, Friedman said.

When she went to Delavan for training, Case claimed mileage that was nearly double the actual trip, even using the longest possible route offered by MapQuest for the drive, Friedman said.

That didn't happen just once, but twice.

Case told Dudek that she forgot to reset her trip counter on her odometer and didn't realize her mistake when submitting her mileage reports.

Friedman said the pattern of Case's inflated claims made it quite clear she was trying to increase her compensation illegally.

On 69 occasions, Friedman said, Case claimed compensation for call-outs during what should have been her normal, salaried working hours. Those claims alone totaled $5,300 in extra compensation.

"There is one common scheme to illegitimately and illegally increase what she saw as her insufficient income," Friedman said.

To Koss's argument that HomeCare & Hospice neglected to spot and correct Case's false claims for two and a half years, Friedman said such fraudulent claims went undetected because they were unexpected.

"The defendant was a registered nurse," Friedman said. "She's a professional and they expected her to be professional and honest when she documented her claims, and it turned out, they couldn't count on that."

At the start of his summation, Koss quoted Oscar Wilde.“The truth is rarely plain and never simple.”*

The case against his client, he said, was complicated and obscured by poorly written policies and inadequate training.

Friedman said at the close of his summation, that actually, the facts of the case were pretty straightforward.

"The plain and simple truth is this defendant stole more than $14K by falsifying time vouchers and mileage records," Friedman said.

With uncommon speed, the jury reached the same conclusion.

NOTE: Wilde's correct quote is, “The truth is rarely pure and never simple.”

A man was killed early this morning after his car crossed the center line on Route 19 near Bissell Road in Bergen and struck a pea combine head on.

Carmelo Rivera, 22, of Holley, was pronounced dead at the scene, according to the Sheriff's Office.

The accident was reported at 2:32 a.m.

Rivera was driving a 2004 Mercury Sable northbound when it crossed the center line and ran into a OXBO 9500 XP Pea Harvester.

It's possible another vehicle was in the area at the time of the crash and if so, investigators would like to interview that car's occupants. Anybody with information should call the Sheriff's Office at (585) 345-3000.

The accident is being investigated by Deputy Frank Bordonaro, Deputy Howard Carlson, Sgt. Eric Seppala and Deputy John Duyssen of the Crash Management Team.

Responding to the scene were the Bergen Volunteer Fire Department, Mercy EMS and State troopers.

Wires are down and a transformer is leaking at 7520 Town Line Road, Bergen. The location is between Jerico and Pocock roads. Bergen fire is responding.

UPDATE 1:09 p.m.: A utility pole is also down.

UPDATE 1:10 p.m.: Fire Police are requested to shut down traffic on Town Line Road at Jerico and Pocock roads.

UPDATE 1:28 p.m.: National Grid is on scene.

UPDATE 2:55 p.m.: The Bergen assignment is back in service.

UPDATE 8 p.m.: Michael Lovett sent in this picture about a half hour ago and said repairs are complete and power is restored.

My first introduction to nostalgia was American Graffiti and Happy Days. For a time in the 1970s, nostalgia for the 1950s was big. I performed "She's 16" in my junior high school choir's '50s review show.

I remember talking with my mom about the concept of nostalgia and she said, "You know, someday, people will be nostalgic about the 1970s." I told her, "nah, that will never happen."

Yesterday, the '70s came to life again at the Gillam-Grant Community Center for a celebration of the center's 40th anniversary.

As tunes from the Partridge Family, the Bee Gees and Fleetwood Mac blasted from a boombox, folks could munch on Twinkies and Pringles while sipping Tang.

Many in the crowd dressed for the occasion.

Loren Penman told me the printed invitation for the event noted that the 1970s were really a diverse decade. It went from "Bridge Over Troubled Waters" to "Staying Alive," and I added, "and "Blitzkrieg Bop" and "God Save the Queen'' (though there was nobody dressed like Joey Ramone or Sid Vicious at the event).

Tami L. Mileham, 40, of Otis Street, Batavia, is charged with a prohibited nuisance. Mileham's Rottweiler allegedly bit a 9-year-old child. The Rottweiler was seized and is currently being held at the Genesee County Animal Shelter.

Kathleen E. Gonzalez, 52, of West Main Street, Batavia, is charged with issuing a bad check. Gonzalez is accused of issuing a bad check March 11. She turned herself in on an arrest warrant and posted $500 bail.

Markeda D. Starks, 23, of Campbell Street, Rochester, is charged with harassment, 2nd. Starks was arrested on a warrant by State Police in Canandaigua stemming from an alleged incident at 9:05 p.m. June 16 in which Starks shoved another person during an argument. Starks was turned over to Batavia PD and arraigned on the charge and posted $300 bail.

Willie J. Miles Jr., 50, of Aberdeen Street, Rochester, was arrested for alleged failure to appear. Miles was jailed on $2,500 bail.

Jerica J. Barber, 39, of Mix Place, Batavia, is charged with criminal tampering, criminal mischief, resisting arrest and endangering the welfare of a child. Barber allegedly committed the crimes of criminal tampering and criminal mischief (no details given) at 4:37 p.m., June 14. Barber allegedly resisted arrest in the presence of a child under age 17.

Eric John Betz, 31, of Genesee Street, Alden, is charged with disorderly conduct/obscene language/noise. Betz allegedly screamed obscenities during a domestic dispute in a public place at 440 Ellicott St., Batavia, at 9:34 p.m. on June 17.

Cheryle Jones, 32, of Batavia, is charged with driving while ability impaired by drugs and consuming alcohol in a motor vehicle. Jones was also charged under Leandra's Law with aggravated DWI. Jones was stopped by Ontario County Sheriff's deputies on Route 5 in Canandaigua for an alleged traffic violation. (Source)

Nicholas R. Graves, 18, of 7317 Griswold Road, Bergen, is charged with endangering the welfare of a child. Graves is accused of having sexual contact with a child under age 17 in the Village of Le Roy. Graves was arraigned and ordered to stay away from the victim.

Benjamin P. Hilton, 25, of 25 Bacon St.. Apt. E, Le Roy, is charged with criminal mischief, 4th. Hilton is accused of intentionally breaking the window of a business on Mill Street on Saturday.

Heather Ann Johnson, 41, of Calla Way, Cheektowaga, is charged with DWI, driving with a BAC of .08 or higher, inadequate lights, driving left of pavement markings in no passing zone and refusal to take breath test. Johnson was stopped at 11:53 p.m. Tuesday on Genesee Street, Darien, by Deputy Jason Saile.

Joseph Jonathan Kuzma, 34, of Byron Holley Road, Byron, is charged with petit larceny. Kuzma is accused of stealing money from his employer in Bergen.

Daniel S. Curry, 36, of Webster, is charged with unlawful possession of marijuana and driving while using mobile phone. Curry was stopped at 11:40 p.m. June 16 by State Police on Route 77, Darien.

A company that specializes in auctioning off "total loss" vehicles is planning to move its Rochester location to Bergen.

The Genesee County Economic Development Center Board on Monday approved the sale of 30 acres in Appletree Acres Corporate Park to Insurance Auto Auctions, which has more than 160 locations nationwide.

IAA runs salvage auto auctions, selling cars that insurance companies have declared totaled, either because of accident, weather damage or theft. 

The company says on its Web site that more than 3.5 million vehicles in the U.S. are declared a total loss each year.

Some of the vehicles can be repaired and resold; others are good only for scap or parts.

By state law, only dealers can purchase cars that have been declared salvage.

The company will pay $600,000 for the property and plans to invest $3.5 million and $4 million on the new facility.

Between IAA and vendors, the location will employ 10 to 15 people.

Information on any tax abatements IAA may receive is not yet available.

Steve Tibble, IAA's director of real estate and development, said the company will next apply to the Town of Bergen for all the site and plan approvals.

"We plan on being open as fast as we can," Tibble said.

Giovanni Louis Rosario, 21, of Conkey Avenue, Rochester, is charged with burglary, 2nd. Rosario was arrested on a warrant out of Town of Darien Court. He's accused of being involved in a burglary reported at 1 p.m., Dec. 27, on Tinkham Road, Darien. Rosario was ordered held on $10,000 bail. The suspect is currently being held in the Monroe County Jail on unrelated charges.

James Ross Sweet, 53, of Walnut Street, Batavia, is charged with criminal contempt, 1st. Sweet allegedly initiated contact with a person he is barred from contacting by court order.

Timothy Joseph Clark, 54, of North Bergen Road, Bergen, is charged with harassment, 2nd. Clark allegedly grabbed a woman he knows. The alleged incident was reported at 2:45 p.m., Wednesday.

Mark Anthony DiManno, 56, of Ridgeview  Drive, East Rochester, is charged with criminal trespass. DiManno was arrested on a warranted and arraigned in Town of Batavia Court.

Alyssa N. Bannerman, 20, of Brockport, is charged with conspiracy, 6th, criminal possession of stolen property, 5th, and unlawful possession of marijuana; A 17-year-old from Brockport is charged with conspiracy, 6th, and criminal possession of stolen property, 5th; and, Antonio J. Goodson, 24, of Medina, is charged with conspiracy, 5th, and petit larceny. The trio was arrest by State Police in relation to an alleged larceny reported at Kmart at 3:30 p.m., Wednesday. No further details released.

Todd R. Stanton, 32, of Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Stanton was arrested by State Police for an alleged incident reported at 7:48 a.m., Monday. No further details released.

Story by Sloane Martin, WBTA:

Howie Hawkins is running for governor for the second consecutive election on the Green Party tab.

A recent poll showed that a progressive candidate could cut significantly into the incumbent Democrat’s lead, giving that fresh option a chance.

Hawkins says he can be that candidate.

“We stand for progressive policies that benefit working people,” he said. “I think that’s what that poll says people are looking for. Those are the people who understand Cuomo’s been very conservative economically. He’s underfunded schools, he’s giving tax breaks to the rich and they’re looking for an alternative.

“Our problem is not that they don’t agree with us. It’s that they never heard of us.”

In Bergen Thursday afternoon before meeting with party members from the tri-county area, Hawkins outlined a six-point proposal to turn things around for the Empire State called the Green New Deal. It draws parallels to the Roosevelt domestic programs, but updates them for modern times seeking to bring jobs. For example, Hawkins supports giving unemployed people public jobs, similar to the WPA.

Hawkins says Cuomo’s problem is doing nothing about income inequality.

“The idea is: we give money to the rich and it trickles down; we have decades of evidence to show it doesn’t work. If we restored the progressive tax structure we had in the '70s, we’d have $30 billion more,” he said. “That’s about 21 percent more than we take in now and that would fund the Green New Deal.”

The other points as part of the Green New Deal include raising the minimum wage to $15 an hour, ensuring New Yorkers can make a living wage with single-payer health insurance, working to limit segregation in schools, providing affordable housing and mass transit and cultivating renewable energy.

Hawkins also had strong words about hydrofracking. He said the job impact estimates for the controversial natural gas drilling process are greatly exaggerated.

“No one denies the environmental dangers of fracking,” he said. “What’s not being communicated well is the economic benefits of going to 100-percent clean energy by 2030 far outweighs any economic benefits we could get from fracking. The most outlandish estimates I’ve seen from pro-fracking flacks from the industry is 200,000 jobs. We’re talking about 4.5 million jobs over the next 15 years (with clean energy). A lot of those are manufacturing, a lot of those are construction; those are good paying jobs. You want an economic boom? Go with clean energy.”

The attorney for John Robinson, the Bergen man arrested 15 months after he allegedly pointed a shotgun out a window at another person, has asked Justice Donald Kunego, Town of Bergen Court, to dismiss the case "in the interest of justice."

The motion, part of several otherwise standard defense motions filed yesterday by attorney Kevin DeCarolis, addresses all seven statutory points Kunego must consider before rendering a decision.

Assistant District Attorney Kevin Finnell filed an answering affidavit, but interestingly, did not use any sort of pointed or strong language opposing the dismissal motion.

In court yesterday, DeCarolis characterized Finnell's response as favorable to his client.

"There isn't a lot there that cuts against my client and his rights in the motion," DeCarolis told Kunego. "A lot of what he raises parrots my motion, quite frankly."

Finnell hardly disagreed, stating, "I laid out the facts as I believe them to be, but I don't know what way that cuts, but certainly it is what it is."

The facts Finnell and DeCarolis seem to agree on is that Brookport resident Michael Crooks went to Robinson's house under the belief that Robinson and Mrs. Crooks had some sort of relationship that Michael Crooks found objectionable.

Crooks banged on Robinson's front door, threatened him and called him a coward for not coming out. In the process, perhaps while trying to gain entry to the house, Crooks damaged the front door.

When he couldn't get Robinson to open the door, Crooks went to the side of the house and looked in a window. At that point, he found Robinson pointing a shotgun at him.

Crooks immediately fled the residence.

On that date, Jan. 13, 2013, Crooks never filed a complaint or even contacted law enforcement. In fact, according to DeCarolis, Crooks actively tried to evade State Police during their investigation.

Crooks was later arrested and charged with criminal mischief, 4th. A charge later dismissed on the condition Crooks not be re-arrested.

Trooper Eric Daigler, who handled the investigation, consulted with other members of his department and the District Attorney's Office on whether to charge Robinson along with Crooks, and concluded that Robinson should not be arrested.

Crooks lobbied the State Police to arrest Robinson in November 2013. When that didn't work, he contacted the Sheriff's Office, which had no prior involvement with the case, in March 2014.

Robinson was arrested by a deputy in April and charged with menacing in the second degree.

"Significantly, the New York State Police, to this day, believe that Mr. Robinson should not have been charged and are not supportive of his prosecution," DeCarolis wrote in his motion.

Finnell wrote in his motion that for basic facts -- the facts contained in the DA's own files -- he agrees. He does not agree with statements by DeCarolis that go to the state of mind or thoughts of Robinson or other parties involved.

These would include the assertion by DeCarolis that Mrs. Crooks often initiated the contact with Robinson and was a "willing participant in their communication."

DeCarolis also stated that "Due to Mr. Crook's relentless and persistent actions, aggressive demeanor and verbal threats, Mr. Robinson felt threatened in his own home."

Finnell said that Robinson's actions rose to the level of probable cause for his arrest.

In addressing one of the points Kunego is asked to consider in the motion for dismissal, Finnell wrote, "The events that led to the conflict are somewhat unique and are not likely to be repeated by this defendant. The typical societal justifications for punishment, rehabilitation, retribution and deterrence are perhaps less applicable to this fact pattern. However, the defendant here might have employed other, less inherently dangerous methods in his claimed defense of his person and property, which methods would not subject him to the possibility of criminal prosecution."

One of the key factors Kunego must consider is whether dismissal would cause the public to loose confidence in the justice system.

DeCarolis argued that public sentiment is clearly behind Robinson already, citing comments left on news media accounts of Robinson's arrest (The Batavian has provided nearly exclusive coverage of Robinson's arrest).

"People expect to be able to protect their 'castle' from attack," DeCarolis wrote. "Mr. Robinson's castle was under attack by Mr. Crooks and public opinion in form of comments on the reporting of this story in the news are overwhelmingly supportive of Mr. Robinson and his actions to thwart an uninvited and threatening presence on his property."

Finnell used an analogy of about speeding tickets in his answer and concluded, "The decision of whether or not to charge in the above scenario (or dismiss in the interests of justice in this case) requires the decision maker (the court) to look beyond what is literal and do what is right. The public's confidence in the criminal justice system will be bolstered with the just decision here, no matter what that decision ultimately is."

If the case isn't dismissed, it will likely go to trial, at which point, DeCarolis is likely to raise the defense -- also a part of his dismissal motion -- that state law allows a person to defend his person and property.

"... a person may be legally justified in his actions when he acts not only to protect himself but also to prevent a criminal trespass or even prevent damage to premises," DeCarolis wrote. "In these instances the law allows for a person to go so far as to use physical force in order to defend against these various threats."

On the drive back from Bergen this afternoon, I stopped for a couple of pictures on Townline Road.

A tree and wires are down at 5968 W. Sweden Road, Bergen. The roadway is blocked. Bergen fire dispatched.

A tree and wires are down at 45 Church St., Elba. Elba fire dispatched.

UPDATE 8:35 p.m.: A utility pole has snapped and power lines are down in the area of 6112 Byron Elba Road. Byron and South Byron fire departments dispatched.

UPDATE 8:43 p.m.: A tree and wires are down in the area of 1075 Ham Road, Alabama. Alabama fire dispatched. Also, on 6323 Warboys Road, a pole is down with wires in intact.

UPDATE 9:43 p.m.: Town of Batavia Fire Department is requested to 5025 Ellicott Street Road, Batavia, for water coming through an electrical panel.

UPDATE 10:02 p.m.: State Police have requested Pavilion fire police to shut down Route 63 at Route 19 because of a stuck railroad crossing gate.