Le Roy

According to Donna McAuley, for 45 years she managed to live her life without ever getting so much as a traffic ticket, and now she has people drive past her house and yell "crack head."

McAuley was arrested July 13, 2010 and accused of being part of a methamphetamine ring that included a dealer from Le Roy now serving more than 17 years in a federal prison.

McAuley was charged, along with four others, of conspiracy with intent to distribute narcotics. She was facing a maximum sentence of 40 years and a $2 million fine.

A few weeks ago, the charges against McAuley, aka Donna L. Boon, were dismissed.  

The Batavian spent a few weeks trying to get an explanation for the dismissal from the U.S. Attorney's office in Western New York and today we managed to contact Brett Harvey, who was prosecuting the case.

Harvey said he can't discuss the specifics behind the prosecution's motion to dismiss the charges because of the ongoing investigation (two defendants in the alleged ring still face charges), but that the case was dismissed "without prejudice."

That means the federal government could refile charges against McAuley, Harvey said.

"We dropped complaint, but have we have leave to pursue additional charges if circumstances warrant," Harvey said.

McAuley's Rochester-based attorney said he doesn't think that's going to happen.

"Donna McAuley's life has been in turmoil for more than a year, including the execution of a search warrant of her home," Robert Napier said. "In the end, the government concluded it does not have sufficient legal basis in which to pursue an indictment before a grand jury. 

"My conclusion," Napier added, "is that the government did not have enough evidence to pursue any charges against Ms. Boon."

According to Napier and McAuley, no drugs were found in her home at Batavia-Oakfield Townline Road when it was searched as part of an early morning raid by local and federal law enforcement on July 13, 2010.

That day, local law enforcement and the DEA and FBI along with Bill Hochul, the U.S. Attorney for Western New York, held a press conference attended by region-wide media. They announced the arrests of McAuley along with Donald G. Vanelli, 47, of 8394 Lake St., Le Roy; David H. Cohen, 49, of 918 Goodman St., Rochester; Andrew W. Chapman, 40, of 5 Cedar St., Batavia; and Kerry A. Ball, 51, of 7202 Meadville Road, Basom.

Vanelli eventually entered a guilty plea. The former Road Agents motorcycle club president admitted to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

He was sentenced to 17 1/2 years in federal prison.

The charges against two of the three other defendants are still pending (at time of posting, we didn't have details on which two).

McAuley has admittedly mixed feelings about media coverage of her case being dismissed.

She feels vindicated -- she is adamant that she was not involved in any meth dealing and was not criminally associated with Vanelli, whom she characterized as a friend of 15 years.

She would also just like the case to go away, get her life back and not draw further public attention to her name.

And her name has drawn some attention.

It's been part of media reports every time Vanelli's case has made it through the federal court system.

It came up again when her husband, 62-year-old James Henry McAuley Jr. (aka "Mitch") was charged in a racketeering case stemming from the baseball-bat beating of a man in Rochester more than five years ago and an alleged plot to murder members of a potential rival motorcycle gang.

According to federal authorities, Mitch McAuley, who is currently confined to Elkton Federal Corrections Facility in Elkton, Ohio, on other charges, is vice president of the Rochester Hells Angels.

Donna McAuley said that even with her ties to Mitch McAuley and Donald Vanelli, she herself has never been involved in criminal activity. She has held down respectable, professional jobs for most of her adult life, she said, and she came to Genesee County 15 years ago to establish a reputation for herself as a good citizen.

The case against McAuley was apparently based entirely on wiretaps that recorded conversations between her and Vanelli. FBI agents claimed McAuley and Vanelli used a coded language to arrange for meetings to exchange drugs and/or cash. For example, there was one time when Vanelli, supposedly out of meth to sell, received a call from  McAuley.

According to the transcript, McAuley said, "I, um, what did I want last night, oh geez, I don't know, oh my friggin', I, can you stop by today and check my lawn mower? This mornin'?"

Agents took that to mean that McAuley had acquired a supply of meth.

Vanelli allegedly went to McAuley's house later that morning and when returned to his own home in Le Roy, allegedly arranged for a customer to make a buy.

McAuley said her contact and conversations with Vanelli were never about drugs. There was no coded language. Vanelli was just a longtime friend.

Robert Napier said his client is "an innocent, hard-working professional."

A possible house fire is reported at 7463 Town Line Road in Bergen. Bergen and Le Roy fire departments are responding along with Mercy EMS. The location is between Pocock and Jerico roads.

UPDATE (6:27 a.m.): There is smoke showing. It is a vacant house. Churchville Fire Department is also responding. Brockport is asked to fill in in Bergen.

UPDATE (6:36 a.m.): "May Day! May Day! May Day! There's a guy in the basement!" says a firefighter on scene. The fire is in the basement. "One of the subjects fell in through the floor." Route 262 between Jerico and West Bergen roads will be shut down. Now the person is out of the basement.

UPDATE (6:45 a.m.): The fire is knocked down.

UPDATE (7:05 a.m.): The fire is out, checking for extensions.

UPDATE 8:52 a.m. (by Howard): The fire is suspicious in nature and is under investigation. The volunteer firefighter who fell was not injured. The last couple of steps going into the basement gave way, causing him to fall and a ladder was used to get him out. The house has been vacant for about two years. It has no electricity or gas.

View Larger Map

In the words of that iconic sitcom father, Frank Barone, “Holy crap, it’s hot!” I just got back from a ride in the Wrangler with the top down. I think I got too much sun. I could go dunk myself in our little pool in the back yard, but instead (at least for now), I’ve taken refuge in an air conditioned room in the house, to try to update you on the discussions about Le Roy’s community pool, as promised.

First, let's get this out of the way...Yes, we have a pool at my house. We purchased one from Target Memorial Weekend 2010 because it was really hot. After we purchased it, we learned that it required a 4-foot fence around it, no closer than 12 feet away and that the fence could not have any gaps big enough for a tennis ball to fit through. Whew, check! The house came with that. Oh yes, but we also needed electricity with proof that it was inspected and approved by a certified electrical inspector and an alarm on it. I think that covers the code, but please (now for the disclaimer) don’t quote me, you should really check with your local code enforcement officer because I think I forgot something in here and s/he would know much better than I. Welllllllllll, after the cost of the ditch-witch rental, the parts for the electric, the inspection, the alarm, the permit, and whatever else we had to do our $200 pool turned into about a $1,000 pool. I think it relevant to bring this up here because I saw in the Le Roy Pennysaver at the end of June a PSA by the Town reminding everyone of the codes involved with owning a pool. Not to sound too sarcastic (those of you who actually know me, know I am quite sarcastic), I wonder why there are fewer of these “inexpensive” backyard pools out than there were last year (or at least that’s my observation). Next disclaimer, this, of course, is nothing against the Town or any local government or code enforcement officer. I know from my experience that this is actually state code that is left upon local municipalities to enforce. They are just doing their jobs.

So, this blog is really about the Le Roy Community Pool that regional residents (from all over the area, not just Le Roy) raised funds to build a few decades ago. The pool has fallen into disrepair and was closed by the previous Village Board. My community is divided over what to do next.

On one side, are those who feel our taxes are too high (they are kind of high compared to the nation) and that we can no longer afford to pay for things like a community pool. Some of those on this side against it feel that it is used by a small number of people and that the rest of us should not have to pay for it. Also, there are pools in neighboring communities that we can use. There is also the issue of the recent property tax cap and how this might affect our ability to raise revenue in the future.

On the other side, are those who feel that a municipal pool brings a sense of community to an area and that such amenities may also attract new residents with families to purchase homes and move here. The community pool has been instrumental in teaching people how to swim over the years, and that’s a task of significant importance when you have a body of water running through your Town (used here because, after all, the Village is a part of the Town). It’s a place where people can go to cool off safely on a day like today. Recently there has been some publicity around people disappearing, almost drowning, or swimming near anglers in the creek. There may be some on this side who believe that if the pool were working these incidents would no longer occur. I’m not one of those; however, I do believe that if the pool were open there would be fewer incidents AND more people would know how to swim, hopefully reducing accidental drowning.

If you were at our Village Board meeting a few days ago, on Wednesday, July 13, you heard a letter read to everyone by Village Clerk/Treasurer Sharon Jeary from local attorney Mike Welsh. In the letter, Mr. Welsh outlined what needs to be done in order to bring the pool up to code and added a couple of bonuses (repairing a wall on the pool that has a crack in it and updating the bathroom/locker room facilities, neither of which are needed for code). A very generous local family has pledged $17,000 to our community to complete these repairs if the Village and Town make a commitment to maintain the pool after that. Many local contractors have volunteered their time, labor and supplies to complete this project. Many local people have volunteered to fund raise to keep the pool going so that the taxpayers are not burdened too heavily by it. You also heard members of the business community speak up in support of the plan and fundraising.

Recently our mayor gathered the figures for running the pool in its last two years of operation, 2007 and 2008. The Village paid for wages, benefits, equipment, permit, telephone, repairs, electric, heat, supplies, and insurance (property and liability) for a total of $26,231 and $37,513, each year respectively. The Town paid for a portion of the pool facilities, pool programs, American Red Cross, advertising, supplies, and pool employees, and were also responsible for the vending machine(s), for a total of $30,985 and $25,775, each year respectively. The pool was able to generate some revenue through memberships and swim lessons each year to reduce the grand total spent by taxpayers across both municipalities to $47,225 and $54,680 each year respectively.

Mike Welsh also outlined in his letter that he estimates it will cost $11,000 for yearly maintenance. There are many from the community who have stated at board meetings that they feel that a modest rise in membership fees would help significantly. There are also those who believe that a food stand would help in generating revenue, as it apparently does in other local areas. There are also many talented individuals living here who are willing to donate their time and supplies to help “spit shine” to make the pool look more aesthetically pleasing.

Again, it is no secret that I am one Village Board member in support of the Village running the pool. I believe it is our responsibility to ensure public safety through swim lessons and also to help provide a safe outlet for kids’ activities in the summer and after school. The pool would enhance our current outstanding recreation program. It is true that we do not have the tax base that we had in the past; much of our industry has closed or downsized, however, this should not be a barrier to our providing for our community (as has been suggested by some). In my humble opinion (OK, I really can’t do this without at least one more acronym), IMHO, it is up to us as a board and as a community to figure out how to capitalize on what we do have… which are, concerned and talented citizens who will donate time/effort/money, great shopping and restaurants, a nice village atmosphere.

Now that you have the monetary figures and a brief outline of both the argument and the remedy I hope that you will attend the Village Board meeting on Wednesday, July 27 at 7 p.m. to hear Mike Welsh and other community leaders speak in more detail about this proposal. I hope that you will speak up if you are able, no matter which side of the argument you are on, because I believe in democracy! Most of all, though, I hope that if you are in support of the pool you understand that your presence and your voice are greatly needed and ideas are always appreciated!

As always, and especially since this one is very long, thank you for reading! Thank you, Howard Owens, for hosting my blog.

Jennifer Keys

trusteekeys@rochester.rr.com 

It was a beautiful day for a parade and festival in Le Roy on Saturday, and the entire parade route was jammed with people and the festival grounds were grounded.

Those who attended were treated to some real community spirit, great music, fantastic food and lots of fun.

UPDATE: I'm experimenting with an application that allows me to publish slide shows of photos. I'm hoping it will both be easier than my current message and improve the viewing experience. Below, you should see what looks like a video player. You can click through the photos individually, or on the lower right there's a button to open the slide show in full-screen mode, allowing you can see larger versions of the photos (which is part of my goal). I'm curious how this works for people.

The 49-year-old woman who, according to witnesses, purposefully stepped in front of a moving car on East Main Street on Thursday night has taken her own life.

According to a source in law enforcement, the woman used a gun this morning not long after being released from Strong Memorial Hospital, where she was taken for treatment by Mercy Flight after being hit by the car.

A Village of Le Roy resident was arrested early this morning after a brief overnight investigation into a report of a gun being fired into a residence at 36 E. Main St., Le Roy, at 12:05 a.m.

Taken into custody and held on $5,000 bail is Travis J. Hubbard, 21, of Clay Street.

It's not clear why Hubbard fired the gun, described as a shotgun, into the apartment. The circumstances that prompted the incident remain under investigation.

Hubbard was charged with reckless endangerment, 2nd, criminal mischief, 4th, and unlawful possession of marijuana.

The suspect allegedly broke the front door window of the victim's apartment and discharged the shotgun into the stairwell.

(Initial report)

A resident in the area of East Main Street and South Street in Le Roy has reported he and his family were awoken by the sound of a gun shot.

Upon investigation, the resident says a bullet apparently entered the apartment through a window and lodged in a wall.

There is no suspect description available.

Nobody was injured by the shot.

Le Roy Police are responding.

Patrick John Tomai, 30, of Clinton Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Tomai is accused of being involved in a domestic dispute with his wife at 8:38 p.m. Saturday while his children were present.

April Lynn Burke, 30, of Golfshire Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to signal. Burke was stopped at 12:33 a.m. Saturday on Route 33, Town of Batavia, by Deputy Jason Saile.

Stephen Wade Thompson, 34, of West Main Street, Attica, is charged with petit larceny. Thompson is accused of trying to conceal $64.78 in stolen merchandise at Kmart in the box of an air conditioner he had purchased and picked up from layaway.

Ricky Oliver Cooper, 34, of Warsaw Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and no seat belt. Cooper was stopped at 10:33 p.m. Sunday on Sweetland Road, Stafford, by Deputy Matthew Butler.

Andrew Charles Maier, 25, Sumner Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings. Maier was stopped at 2:41 a.m. Monday on Broadway Road, Alexander, by Deputy Howard Carlson.

Anglers on the Munson Street Bridge (also known as the Red Bridge) in the Town of Le Roy are complaining that some swimmers have shown up, thereby impinging on their afternoon fishing enjoyment. Law enforcement is called to handle the matter.

A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.

Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.

"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up  needing more.

"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."

Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.

"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."

Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.

"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.

Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.

"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."

For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.

A former Le Roy resident who was first involved with a meth lab and later found in possession of forged currency had his forgery case resolved in Genesee County Court today in an unusual manner.

Because Christopher J. Elmore is already in Georgia serving a 10-year federal sentence on the meth lab charges, Elmore was allowed to plead guilty by affidavit to criminal possession of a forged instrument, 3rd, a Class A misdemeanor.

Without Elmore in the court -- and because of the expense of bringing Elmore back to Genesee County for both a plea and sentencing -- Judge Robert C. Noonan, in accordance with the plea agreement, granted an unconditional discharge of the case.

• Unnamed tipster leads investigators to suspected meth lab in Le Roy
• Federal charges brought against suspects in Le Roy meth lab
• Suspect in Le Roy meth lab bust now accused of passing a fake $10 bill

A car is on its roof in the area of 44 Lake St., Village of Le Roy.

All occupants are out of the vehicle.

No word on injuries.

Le Roy Fire and Ambulance responding.

UPDATE 2:39 p.m.: Traffic is being shut down on Route 19 in both directions at Mill and at Bacon streets.

View Larger Map

A caller reports a column of black smoke in a field across the road from her house in the area of 9153 Warsaw Road.

The first chiefs on scene say there is a large amount of black smoke that seems to be coming from the area of East Bethany Road.

Trucks will be held in quarters until the location is determined.

Le Roy Ambulance also dispatched.

UPDATE: It's a controlled burn.

View Larger Map

A motor vehicle accident has been reported on the Thruway in the area of mile marker 379, eastbound, in the median.

Multiple injuries are reported.

Le Roy Fire and Ambulance along with Mercy EMS dispatched.

UPDATE 6:34 a.m.: Car on its roof. Seven injuries reported. Four more ambulances requested to the scene from Mercy EMS and Bergen. Mercy Flight on in-air standby. Mile marker 379 is just west of Route 19 near Griswold Circle.

UPDATE 6:38 a.m.: Cancel Mercy Flight. A total of five ambulances currently in route.

UPDATE 6:43 a.m.: All remaining responders to continue, but "take it easy."

UPDATE 7:11 a.m.: A total of eight patients transported to Strong. Le Roy fire back in service.

The Le Roy Moose Family Center will host MooseCreek 2011 July 15-17, coinciding with Le Roy's Oatka Festival.

The annual party under the big tent in the parking lot benefits Mercy Flight. The center is located at 21 Bank St. along the banks of the mighty Oatka Creek.

Over the years and with your support, this event has meant tens of thousands of dollars in donations to Mercy Flight, so come on out and help make it another record year!

Friday night the gates open at 6 for the MooseCreek kickoff party, and the music starts at 9, featuring Rochester’s premiere modern rock band, The Guy Smiley Band. Saturday, the fun starts at noon with DJ Kevin until 6, Savage Cabbage at 7, followed by MooseCreek legends and one of the leading AC/DC tribute bands in the industry, Ballbreaker. Sunday afternoon the music starts at 2 and goes until about 9 with a country jamboree hosted by Eddie Lee and Closing Time.

Also scheduled to appear are Cross Roads Project, Mayberry After Midnight, The Frank Hill Band and Rebel's Posse.

All weekend long there will be good food cooking, great drink prices, and lots of fun! The event is open to the public rain or shine with NO COVER charge, but donations for Mercy Flight are always welcome.

A Le Roy resident was killed in a motor vehicle accident Wednesday on Wethersfield Road, Town of Wethersfield, Wyoming County.

According to the Wyoming County Sheriff's Office, Phillip B. Ellinwood, was heading east on Wethersfield Road when he attempted to pass another eastbound car. Ellinwood's car went off the north shoulder of the road and struck a tree.

Ellinwood was pinned in the vehicle. He was extricated by members of the North Java Fire and Rescue Department.

He was then transported to Wyoming Community Hospital.

The press release reads, "Despite life saving efforts by emergency room personnel Ellinwood died from his injuries."

The accident was invested by the Wyoming County Crash Management Team.

No further details were released.

I have had a very interesting two days of getting signatures on the petition to get the Town and Village of Le Roy to accept the private funding that is going to be proposed July 13th to the village board and July 14th to the town board, hopefully. Many residents are signing. They say our kids need something to do and we never should have let it close. The support, they say, we have not shown since closing.

Two years ago I started a Community Holiday Bazaar that runs concurrent with the annual Winterfest. It was time we came together as a community. People used to walk around say hi to each and just talk. We have come to a time when we are too busy even to say hi.  

I did so because I grew up in this fine community. Our schools receive honors, our marching bands receive honors. All for being the best in spirit, in commitment, and all for our kids. Yet as a community since our pool closed, we have forgotten how important that is to the summers for our kids. We all say they have nothing to do. They are all over the place getting in trouble.  

Our kids in this community have turned to swimming at the Quarry and at Blue Hole behind the cemetery.  

All this is stirring up conversations all over town. People want it back. They want our elected officials to act on this. They want them as our elected leaders to open our pool. We are willing to do what it takes -- to pay for it, to have it added back to the budgets. 

I would like to say that in a conversation yesterday, I addressed the need to correct the work on the east side of the village. I apparently offended a board member. I was not completely informed on job titles and positions. Her spouse apparently holds a key position in the DPW. She felt like mentioning it that I was attacking him. I have no clue who did the work. I had no clue of his position in the DPW. I based my opinion on the Mayor's Notes from the weekly Pennysaver. Seeing there were problems and knowing they need fixing would only lead to the thought we have to pay to get it done, right?

I changed subjects back to the pool discussion. I was no way placing blame. She continued in her rationale to say the attendance was low, THE MAIN USERS OF THE POOL WERE LOWER INCOME PEOPLE, and we are at a time of using pools in backyards.  

I asked does that make me low income because I am in a check-to-check household who uses the pool?  

I did get irritated and reminded her that she was an elected official and she needed to act in the manner that the commonwealth of our community wished her to. I stated that if she did not, based on the petition when presented, it would be interesting to see what the people of this community thought.  

Walking out, I loudly stated it again "You are an elected official -- you need to remember that. We the people elected her."

I would like to state that at the beginning of this conversation she had a petition to be re-added to her party's ballot. I am a NOP so could not, but after this conversation probably would not.

I thought I would share this since she contacted a village board member who I am friends with and asked her to speak to me.  

It was a problem that I apparently offended her, by her perception of a generalized comment about repairs that she took personally.

She never once mentioned the LOW INCOME based comment she made.  

She based that on the fact that people from the Royals use it. I later found out in another conversation when I apologized to her husband. Do you realize that those people renting there pay more money to live there than those of us who own homes? I lived there before.

IT DOES NOT MATTER WHAT YOUR INCOME LEVEL IS -- YOU ARE PART OF THE COMMUNITY.  RENTERS PAY LANDLORDS WHO PAY THE TAXES. YOU HAVE RIGHTS, TOO.  

Must be nice to be so high up in the air that you can pass that kind of judgement on those below you. Last I recall, she grew up in Le Roy, too.  

Here is an important comment I saw posted on Facebook. I will not name who said it, but it sums our need up:

A community is not a community if all that the residents have in common is sleeping in the same geographic area at night before they rush off to their jobs in other towns each day. Community requires shared experiences and activities. That pool needs to be open.

"No man really becomes a fool until he stops asking questions."

-- Charles P. Steinmetz

Melissa Cianfrini says, naturally she's disappointed the case was dismissed against Chris Charvella. As assistant DA, she was given the task of prosecuting him on an aggravated harassment, 2nd, charge because Charvella placed a phone call to Legislator Jay Grasso,

"I obviously respect the court and the court's decision, but I respectfully disagree with the reason behind it," Cianfrini said.

Town of Batavia Justice Mike Cleveland wrote in his decision, "Mr. Charvella's call was made to Mr. Grasso on a number not only listed in the public phone book but also listed on the Genesee County Legislature's list of public official contact numbers. It was not an anonymous or random call. It was not 'absent of expression of ideas or thoughts.'

"The factual allegations in this case," Cleveland concluded, "do not constitute a violation of the charge of PL 240.30-2.

The written decision dismissing the case is only two pages long and doesn't directly touch on any of the free speech or First Amendment issues raised by Charvella's defense attorney, E. Robert Fussell.

But Fussell said that just because Cleveland didn't mention the First Amendment doesn't mean that case law based on the First Amendment isn't the foundation of his decision.

Fussell said he believes the case law that led to Cleveland's decision is based on First Amendment protections.

He said prior cases interpret the clause in the law that says for "no legitimate purpose" to mean that a call must be entirely for the purpose of annoying or threatening to constitute harassment.

"Underlying the decision is that you can't charge somebody for just making a phone call," said Fussell. "What the courts are really saying is that the charge must pass First Amendment muster."

Cianfrini said, however, that she still doesn't believe this was a free speech case. It was about a private phone call placed to a private residence.

"This was about somebody saying something in private," Cianfrini said. "It was not something that was said in public, so it's not a free speech issue."

She was not the original ADA on the case, inheriting it after a change of venue from Le Roy to Town of Batavia, so the actual charge against Charvella wasn't a decision she made. During oral arguments, Cianfrini briefly raised the specter of filing a different charge, if necessary, against Charvella. Today, Cianfrini said there are no plans in the DA's officer currently to pursue the case further.