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Press release:

WASHINGTON, D.C. -- Today, U.S. Secretary of Agriculture Sonny Perdue announced the “OneUSDA Internship” opportunity for Summer 2020. As part of the Federal Pathways Program, the OneUSDA Internship Program will provide students a way to explore serving their country through a career in government while gaining work experience in agriculture, natural resources, rural development, and other career fields.

“Our goal at USDA is to recruit the best and retain the best through our OneUSDA Internship Program offered nationwide,” said Secretary Perdue. “Today’s young people are the future of America and there are few things more American than agriculture. We’re aiming to find young talent, with a diverse background, across all 50 states, to begin their careers as interns with USDA.”

The OneUSDA Internship Program offers Federal opportunities to students currently enrolled in qualifying educational programs or institutions, with a comprehensive developmental program intended to provide students with experience in a dynamic work environment that will enhance their educational goals and shape their career choices.

An internship with USDA will involve various components of on-the-job experience, mentorship, and training tailored to the student’s education, experience, and interests.

During 2019, USDA was proud to host thousands of interns throughout the country, many of which were through the Federal Pathways Program. In the Summer of 2020, USDA will hire Pathways Interns in hundreds of locations in nearly every state in the country for the following occupational fields:

• Veterinary Science
• Biological Sciences (e.g., natural resources management forestry, wildlife biology, fish biology, ecology, botany, rangeland management, recreation)
• Engineering & Architecture
• Agribusiness, Contracting, Procurement, and Industry
• General Administration and Office Support
• Financial Management
• Information Technology

USDA is making sure the Summer 2020 OneUSDA internship job announcement is easier-than-ever for students to find and apply for. After choosing the geographic location of preference and the career path that best matches with student’s area of study and professional aspirations online, students simply follow the weblinks here to set up an account, then follow the prompts to apply to the internship.

When applying, students will also have an opportunity to indicate their preferred occupational area of interest and USDA Agency or office. The application window opens today (Nov. 1) and close on Nov. 15^th. Application review will begin immediately thereafter.

For more information, visit www.USDA.gov/Internships.

A local attorney representing a woman accused of hitting her child with an object is asking a Family Court judge to disqualify Durin Rogers, and the County Attorney's Office, from prosecuting the case in Family Court because of a perceived conflict of interest.

Thomas A. Burns, representing Niasia Jiggetts, filed the motion Oct. 22 alleging that because Rogers is a sitting, part-time Batavia City Court judge, and Jiggetts is also facing criminal charges in City Court, it opens up an apparent conflict of interest in Rogers access to City Court documents and his interactions with other members of the county's criminal justice system.

If the motion was successful at removing both Rogers, who is also a deputy county attorney, and the County Attorney's Office, the Department of Social Services would need to hire another attorney not affiliated with county government to represent the agency in this case in Family Court.

"As this court is certainly aware, and as DCA Rogers should be aware, a judge is obligated to avoid impropriety and the appearance of impropriety in all of the judge's activities and a judge is obligated to respect and comply with the law and is obligated to act at all times in a manner that promotes the confidence of the public in the integrity and impartiality of the judiciary," Burns wrote in his motion. "As this court is also aware, the judicial duties of a judge take precedence over all of the judge's other activities."

The Batavian contacted Rogers, a candidate for the full-time City Court Judge office, on Wednesday and offered him an opportunity to respond. Rogers said before replying he needed guidance from the Judicial Campaign Ethics Center.

In a request for an interview or statement, Rogers provided the following statement:

As a City Court Judge I cannot comment on pending city court matters, even when it is a case that I am not presiding over. The motion you forwarded to me is directed to me as an attorney. As an attorney with the County Attorney’s Office handling neglect and abuse matters in Family Court, I cannot and will not discuss the specific allegations of such matters due to laws regarding strict confidentiality. As to the motion, it is scheduled in the regular course of proceedings. Based on the Ethics Opinion that I sought and received from the Advisory Committee on Judicial Ethics when I first took the bench that ethically permits me to hold both positions, the motion has no merit and I am confident that it will be denied.

He also provided a link to the January 2015 opinion.

In response to the statement from Rogers, Burns said the 2015 opinion is not a ruling and was issued in response to questions posed by Rogers about serving in two capacities in general, not to actual overlapping roles of a specific case.

"The facts present in my client’s case were never considered in the opinion he cites," Burns said. "He is well aware that the opinion does not provide him with the authority to hold the position of both judge and prosecutor in the same case and to suggest otherwise is a complete misrepresentation of the opinion he cites and a total lack understanding of the ethical obligations he should have assumed when he sought the part-time judge position."

Burns added that Rogers' statement doesn't address the rights of his client nor the direct conflict raised by his duel capacities.

"I also find it troubling that he suggests that he cannot comment on a pending City Court case when he continues to argue the case in front of Judge Adams and Judge Balbick as a prosecutor," Burns said.

Jiggetts was arrested in September for an alleged incident on June 10. She is charged with assault in the second degree. Since the case involves her minor child, there is both a criminal case pending in City Court (because it's a felony, it could be referred to County Court later) and a case in Family Court. The Family Court case also alleges neglect of her child from March through April 2017.

She has pled not guilty.

Burns alleges Rogers has a conflict of interest because he shares chambers with Judge Robert Balbick, the presiding judge in Jiggetts' case, with desks only 10 feet apart and they confer frequently. Also, even though the case isn't assigned to Rogers, he could be asked to sit in for Balbick, if Balbick is unable to make court on any particular day. Rogers also has unfettered access to all City Court documents.

As a City Court judge, Rogers also interacts with many of the people involved in these cases for a variety of reasons, including deputies, social workers, child advocates, attorneys and prosecutors.

As an example, Burns stated, when Jiggetts appeared in City Court on Oct. 1, the assistant district attorney handling cases in City Court that day, had to call Rogers to confer with him about the status of an order of protection issued in Family Court and to "remarkably" seek the input of Rogers about a possible order of protection signed by Balbick. Rogers, Burns said, "consented" to a no offensive conduct order of protection.

"The assistant district attorney should not have to be put in a position of conferring with the associate Batavia City Court judge relative to the status of a proceeding in this court with respect to the matter pending before the senior Batavia City Court judge," Burns wrote.

Burns said in his motion, Rogers' position as both a county attorney and a part-time judge has put a number of people in local criminal justice in "extremely uncomfortable and ultimately unethical positions."

"The appearance of impropriety under these circumstances is clear and results from the unwillingness of DCA Rogers to acknowledge the fact that he cannot prosecute a neglect proceeding involving a pending criminal court charge in the Batavia City Court where he is appointed to act as a part-time judge," Burns wrote in his motion.

While Rogers has been both a deputy county attorney and a part-time city court judge for some time, and Burns said he's had concerns in the past, this is the first time, in his view, there has been a clear conflict of interest.

"There are many cases that overlap but I have never seen one that is so over the top obvious as this one," Burns said in response to an emailed question. "I simply cannot understand the unwillingness of the County Attorney's Office to acknowledge the conflict present here."

Asked for a statement, County Attorney Kevin Earl said, "I cannot comment upon the specifics of any allegations, but I know that during my tenure as the Genesee County Attorney as his immediate supervisor, Durin Rogers has always conducted himself exhibiting the highest professional and ethical standards."

Rogers is being challenged for the full-time City Court judge position by attorney Ben Bonarigo. Burns attended Bonarigo's campaign kick-off event last year.

The Genesee County Office for the Aging is offering an exclusive bus trip for a lunch at Salvatore's Italian Gardens Restaurant in Depew, featuring the live show "A 'Sinatra' Christmas My Way" with Buffalo entertainer Gary Quatrani.

This special Sinatra-inspired holiday bash sells out every year. Must RSVP by Nov. 15.

Trip is Tuesday, Dec. 3 and costs $49 per person, including lunch and show ticket. Cash bar is available.

Quatrani brings to life the timeless classics of Frank Sinatra, one of the most influential musical artists of the 20th century. Quatrani includes Sinatra favorites as well as festive holiday songs.

Come and be entertained, reminisce and sing along with this uplifting tribute to Sinatra and fantastic holiday show.

(Here's a link to Quatrani's take on "That's Life" performed at Salvatore's in 2017.)

Upon reservation, you can select one of three entrees:

• Lemon-caper chicken;
• Bruschetta tilapia;
• or spiral ribbon vegetables served on bed of ancient grains with marinara sauce.

Departure from the Office of the Aging, located at 2 Bank St. in Downtown Batavia, is at 10 a.m. on Dec. 3.

Doors at the venue open at 11 a.m. There will be a basket auction with tickets available for purchase to benefit a local charity (to be announced). These tickets are nonrefundable.

Lunch is served at noon. Entertainment begins at 1:30. Prizes awarded at 2:45.

Departure for Batavia is at 3 p.m.

For booking or more information call the Office for the Aging at 343-1611.

The bus tour event is provided by Know How Tours.

Alicia Bischoff and her son Weston, of Oakfield, were quite ready for Halloween yesterday evening.

Photos submitted by Jessica Fredo. If you have Halloween photos to share, email them to howard@thebatavian.com. Please include the name of the person submitting the photo and the names of people in the photo and location of the photo.

Press release:

Genesee Feeds, a Purina^® Certified Expert Dealer, is announcing their 2019 Purina^® Check-R-Board^® Days, a customer appreciation event. Their event celebrates another year of serving the Batavia community as a Purina^® dealer. Purina^® is also celebrating with their 125^th anniversary.

Stop by Genesee Feeds, located at 3860 W. Main Street Road in Batavia, tomorrow (Nov. 2^nd) during regular Saturday store hours 8 a.m. to 3 p.m. Enjoy savings, refreshments and prizes.

Customers will also have the opportunity to enter in the national 2019 Purina® Check-R-Board® Days Sweepstakes for their chance to win a 2019 Polaris® Ranger utility vehicle, a trip-for-two to the Purina® Animal Nutrition Center, or Orion® 65 Cooler.* (See store for official rules.)

“It is exciting to celebrate another year as a Purina® dealer,” says the staff of Genesee Feeds. “We thank our loyal customers and invite everyone to come celebrate our 2019 Purina® Check-R-Board® Days and Purina’s 125^th Anniversary with us!”

Purina Animal Nutrition LLC (www.purinamills.com) is a national organization serving producers, animal owners and their families through more than 4,700 local cooperatives, independent dealers and other large retailers throughout the United States. Purina Animal Nutrition LLC is headquartered in Shoreview, Minn., and a wholly owned subsidiary of Land O’Lakes Inc.

City of Batavia firefighters gave Gretchen Weicher, a student at St. Paul Luthern School in Batavia, a ride to school in a fire truck as an award for winning the department's annual fire safety poster contest.

From the county Highway Department:

Bloomingdale Road between Wright Road and Tensow Road in the Town of Alabama will be closed effective today (Nov. 1) through approximately Dec. 6.

The road will NOT be passable for regular traffic or emergency vehicles.

The public will be notified when the road reopens.

For questions or more information, contact Laura A. Wadhams, P.E., assistant county engineer at (585) 344-8508 or Laura.Wadhams@co.genesee.ny.us

There are at least 16 power outages reported in Genesee County after strong winds swept through the region overnight and are expected to continue into the early afternoon.

The largest outage appears to be in Pavilion and Stafford, just northwest of Texaco Town, with 87 customers without power. A crew is assigned and power restoration is expected by 4:30 p.m.

An outage in Batavia and Elba, just west of Route 98 has 52 customers without power. A crew is assigned and power is expected to be restored by 4 p.m.

In East Oakfield, 31, one customers are without power and should have it back by 4 p.m.

In Alexander, east of the Village on Route 20, 31 customers are without power. Restoration is expected by 4 p.m.

In Alabama, just west of the Route 63/77 intersection, 23 customers are without power. No crew has been assigned but power should be restored by 4 p.m.

In Byron, near Route 237 and Route 262, 20 customers are without power. Power should be restored by 4 p.m.

There is one outage in the Village of Le Roy with 13 customers affected and restoration expected by 4 p.m.

In the City of Batavia, there are two outages, one on the Southside, one near Clinton Street, with fewer than five customers affected at each location and power should be restored by 4 p.m.

The National Weather Service is forecasting heavy rain, about a half-inch, between 4:30 and 7 p.m. for Genesee County.

Those are prime trick-or-treat hours but at least two venues in Batavia are moving their Halloween-related events indoors.

There is an event, a fall festival, starting at 5 p.m. at City Church's St. Anthony's facility on Liberty Street and what was originally a "trunk-or-treat" event at Grace Baptist on Vine Street at 5:30 p.m.

As for the rain, expect flooding in low-lying areas. Motorists are urged to slow down during the storm. Brief gusty winds are expected around 7 p.m. before strong winds arrive before the morning.

A jury today declared Mark Daniel Tooley, 35, of Oak Orchard Road, Elba, not guilty of sex abuse charges involving a minor.

In January Tooley was arrested following a Grand Jury indictment stemming from a Sheriff's Office investigation. He was charged with: first-degree sexual abuse; acting in a manner injurious to a child less than 17; and first-degree criminal sex act.

He was accused of having sexual contact with a victim under the age of 13 on Main Road in Stafford on Dec. 24. The jurors acquitted him following a trial this week in Genesee County Court.

Press release from the NY-27 campaign of Sen. Rob Ortt:

“Today’s house resolution vote was nothing more than a partisan attack on a sitting president going into the 2020 election.

The only platform of Democrats is, and for the last three years has been, impeaching President Trump.

This vote only serves as a distraction from the fact that Democrats have not done anything for middle-class Americans.

These types of actions do nothing but further separate an already divided nation and create animosity amongst everyday Americans.

I am running for Congress to help put an end to this partisan witch hunt, and help our President do the job the American people elected him to do.”

Marya B. Cole, 36, of Bank Street, Batavia, is charged with criminal nuisance. She was arrested on Oct. 23 after allegedly allowing people to sell crack cocaine out of her apartment between Sept. 9 and Sept. 28 in the City of Batavia. Cole was issued an appearance ticket and released. Cole is due in Batavia City Court at 1 p.m. on Nov. 12. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Mitchell Cowen.

Lizbet D. Cramer, 42, of Dellinger Avenue, Batavia, is charged with failure to exercise control of a minor. Cramer was arrested Sept. 9 after an investigation that alleges she allows a child to violate curfew and fails to abide by probation stipulations. She was issued an appearance ticket and is due in Batavia City Court on Nov. 12. The case was handled by Batavia Police Sgt. Christopher Camp.

Aaron W. Clark, 30, of Oak Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested at 4:20 p.m. on Oct. 28 on Oak Street in Batavia after allegedly punching and damaging a wall at a residence. Clark was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Nov. 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

Bobby Lee Mobley, 34, no address provided, is charged with: obstruction of governmental administration; criminal possession of a controlled substance; and criminal contempt. Mobley was arrested at 11:54 p.m. on Oct. 27 on Maple Street in Batavia following a domestic incident. Mobley was arraigned in Batavia City Court on Oct. 28 and jailed in lieu of $5,000 cash or bond. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Arick Perkins.

Aaron M. Hatt, 23, of Broadway Road, Alexander, is charged with third-degree criminal trespass. Hatt was arrested on Oct. 19 after allegedly entering and remaining on private property without permission to do so at 9:07 a.m. that day on Howard Street in Batavia. He was processed at the scene and released with an appearance ticket for Oct. 29 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Ridge A. Bono, 28, of Ross Street, Batavia, is charged with trespass. Bono was arrested on Oct. 21 following a trespass complaint alleging he went on property on North Street in Batavia at 4 p.m. on Oct. 20 that he had previously been banned from. Bono received an appearance ticket and is due in Batavia City Court on Nov. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jason Ivison.

UPTON ROAD BRIDGE PROJECT

There will be a public informational meeting on the replacement of the Upton Road Bridge on Tuesday, Nov. 19, at 6 p.m. at the Batavia Town Hall, 3833 W. Main Street Road.

For further information or if you require special arrangements (translators, handicap accessibility, etc.) contact:

Tom Lichtenthal, Town of Batavia Asst. Town Engineer

585-343-1729, ext. 218

Photo and information from Jason Franklin.

Two checks totaling $4,000 were given to a couple of local nonprofits recently after money was raised Oct. 19 during an event called "Save Our Headlights."

Genesee Cancer Assistance received $3,500 and Care-A-Van ministries got $500.

The event was sponsored by ABATE (American Bikers Aimed Toward Education) of Genesee County and Stan's Harley Davidson, and supported by CVMA 19-6, Genesee County Ladies of Harley and the CMA Barnabas Riders #724.

A 64-year-old woman living in Batavia has been arrested on suspicion of selling controlled substances following an investigation by the Local Drug Task Force.

Linda P. Thomas, of West Main Street, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, and criminal sale of a controlled substance, 5th.

Thomas is accused of selling hydrocodone to an agent of the Local Drug Task Force and alprazolam to an agent on two other occasions.

Thomas was arraigned in County Court and released under supervision of Genesee Justice.

Strong winds are expected to start tonight at 8 p.m. and a high wind warning and hazardous weather outlook statement has been issued by the National Weather Service for Genesee County and most of Western New York.

Winds of 40 mph with gusts of 60 to 65 mph are forecast.

The warning is effect until 1 p.m. tomorrow.

Damaging winds could bring down trees and power lines. Widespread power outages are expected. Travel will be difficult, especially for high-profile vehicles.

The weather service urges people to avoid being outside and around trees and branches. The statement urges residents to remain in the lower levels of homes and to avoid windows.

A former parolee from Rochester accused of murdering a good Samaritan on Ross Street at the end of May refused to appear in court today for an evidentiary hearing and Judge Charles Zambito set a new hearing date and ordered deputies to bring him in by force next time if necessary.

Quinten Edmonds is being held at the Genesee County Jail while awaiting trial. He is accused of killing Michael R. Paladino, 43, after Paladino reportedly saw Edmonds hitting a woman, who had been a passenger in the Rochester man's car, outside of Paladino's apartment on Ross Street.

A grand jury has indicted Edmunds on second-degree murder, a Class A-1 felony. 

Batavia Police Chief Shawn Heubusch said after the incident that their investigation indicated that Edmonds was in a vehicle in the City when an argument began between Edmonds and at least one of the two women in the vehicle with him. The vehicle stopped on Ross Street and the argument continued outside the vehicle.

Emergency dispatchers received a call of the disturbance at 5/7 Ross St. at 12:44 a.m.

Paladino suffered multiple stab and cut wounds to his upper torso and head and collapsed in the entryway of his apartment. He was transported by Mercy EMS to UMMC. He was pronounced dead at 5:05 a.m. by Coroner Don Coleman.

The women in the vehicle fled the scene right away and a police officer saw a vehicle driving erratically and stopped it in the parking lot just east of St. Joseph School.

Edmonds is next expected in court at 3 p.m., Dec. 12.

Benjamin Santiago Jr.

A man accused of entering an apartment on Ellicott Street and attacking the resident with a hammer before stealing property and a credit card and then stealing a truck from another person appeared in Genesee County Court today and accepted a plea bargain he had previously turned down.

With the guilty plea in the assault and robbery case, Benjamin Santiago Jr., 30, is facing a prison term of eight to 20 years.

Sentencing is scheduled for Dec. 5 at 2 p.m.

At 9:15 p.m., June 2, Santiago entered the apartment of a person he knew on Ellicott Street and demanded money. When he didn't get it, he attacked the man with a hammer, then stole items and fled on a bicycle he had stolen earlier in the day from a location on Bank Street.

He then located a 2010 Ford F150 Lariat super cab truck belonging to a third victim and fled to Rochester, where he was located and arrested by police there.

Santiago had rejected a similar plea offer before the case was referred to the grand jury.

He came into court facing an eight-count indictment, including first-degree robbery and a first-degree assault, and with the previous plea offer no longer on the table; however, after a conference with Judge Charles Zambito, Santiago was allowed to enter the plea under the same conditions as the previous offer.

Santiago has been arrested previously in and around Batavia, including a case involving problems at a local hotel that led to a multi-agency manhunt 2011. The two brothers in the case were later accused of trying to hire somebody to kill Santiago. Eventually, that case led to a prison term for Santiago. He was most recently accused of stealing $800 in tools from Crocker's Ace Hardware in Le Roy.

The Batavia Society of Artists is hosting artist Rebecca Maynard from 7 to 9 p.m. on Tuesday, Nov. 12th, at GO ART!, located in the historic Seymour Place building at 201 E. Main St., Batavia.

She will be doing a hands-on demonstration of acrylic pour on Christmas ornaments and tiles.

If anyone would like to do more than one ornament each the cost is $5 per ornament. Non-members are welcome with a $5 fee.

Demo will consist of different acrylic pouring methods. It will be a hands-on event, with each person pouring their own Christmas bulb and a ceramic tile.

Maynard will demonstrate the flip cup, dirty pour and swipe methods and then participants will get to work and have some fun.

It is a very low stress and fun way to paint.

Assemblyman Steve Hawley (R,C,I-Batavia) responds to legislation introduced by Sen. Kevin Parker -- S.6821 -- that would allow locked-up felons the right to vote.

“This is a shameful display of governance that’s insulting not only to law-abiding citizens across New York, but members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street. 

“We are a nation of laws, but it has become crystal clear that New York City politicians believe those laws shouldn’t apply to illegal aliens, criminals or prison inmates – all of which should be held accountable and should face punishments. 

“The challenges facing our state are vast and diverse, but none of them should include making life easier for rapists, murderers and pedophiles. First it was free iPads for prisoners, next it was voting rights for parolees, then it was no bail requirement for accused drug dealers and felons, and now voting rights for inmates. 

“There’s a runaway train in New York tossing giveaways and luxuries to criminals, inmates and illegals and it's being conducted by Gov. Cuomo and New York City radicals.”