news

Town of Batavia officials, in conjunction with the Genesee County Soil & Water Conservation District, are looking at adopting guidelines for solar farm developers to follow when it comes to pollinator habitat plantings on ground-mounted

systems.

Appearing at the Batavia Town Planning Board meeting on Tuesday night at the Town Hall, Bradley Mudrzynski, district manager for GCSWCD (photo at right), presented a draft of a plan that covers topics such as the need and importance of pollination, planting process, maintenance and performance standards.

“The main thing is for flexibility (in the plan) – having the ability to plant in the fall or spring with either stock mix or through a seed contractor,” Mudrzynski said. “In the end, (you’re saying) the seed mix should look like this, with these characteristics.”

Mudrzynski’s plan supports the Town’s concern over losing prime farmland to solar development – even if temporarily – and the Town’s view that “pollinator habitat plantings can mitigate farmland losses and increase ecosystem services provided to farms in the form of pollination.”

Discussion with the planning board ultimately came down to the percentage of the solar farm that should be seeded, where to locate grass mix in the solar array and enforcement of the guidelines as they pertain to special use permits issued by the Town.

“When you spec out a 10-acre site (for example), what percentage of the solar array do you want planted down?” Mudrzynski asked. “Between the rows? Around the outside? Thirty percent? (The point being) finding a good and reasonable acreage or percentage.”

Working off a solar site pollinator habitat scorecard from the state of Vermont, planners initially said they were in favor of a 46 to 60 percent vegetative cover for each solar project. After more discussion, they agreed on 80 percent of the lot, including putting grass mix under the solar panels.

“And this (level) would cover those solar farms already approved since none have more than 20 percent (of the total space) for access roads,” said Steve Tanner, a planning board member.

As far as enforcement once the guidelines are formally approved, planners decided to include the pollinator piece in the special use permit and to require developers to work with GCSWCD or an “agreed-upon equally qualified consultant” such as a landscaper or architect to perform periodic inspections.

Planners also talked about the importance of developers contracting with licensed herbicide applicators to ensure that performance standards are achieved.

Following the 20-minute discussion, Planning Board Chair Kathy Jasinski said she will share the draft of the plan with other Town leaders and asked Mudrzynski to return to the next planning board meeting on Oct. 15 with an updated version.

In other developments, the planning board:

-- Voted to extend the State Environmental Quality Review process and tabled the developers’ application in connection with a proposal to build two 20-acre, 7.2-megawatt ground solar systems at 8050 Oak Orchard Road (Route 98).

The request by Borrego Solar Systems LLC has been in the works for quite some time, hampered by the fact that it seeks to site the solar farm on land that is in the Town’s Planned Business Development District.

Requirements of the PBD District center on a development of at least 100 acres – a measure put in by Town officials to ensure large-scale commercial projects that would benefit the Town and preserve the agricultural viability of the land.

Jasinski said that the board will take no action “until we get more information” from Borrego. She said she expects the developer to come in with a new application, which could result in having to redo the SEQR application as well.

Extension of the SEQR was mutually agreed upon by both the planning board and Borrego, as required, she noted.

-- Received an update from project officials Dan Yanosh and Tom Healy on the revisions made to their proposal for a 19.8-acre, 4-megawatt ground-mounted solar system at 3565 Galloway Road.

Last month, the plan by Bright Oak Solar LLC to place solar panels on property owned by Wayne Dunham was met with solid opposition from neighbors on Galloway and Lewiston roads, with comments focusing on lack of screening, decreased property values, and potential negative effects on the environment and aesthetics.

Yanosh and Healy presented another visual of the layout, this time noting that they added screening (trees) along the front on the southeast side – in response to an objection from the adjacent property owner – and increased the size of the culvert in front and reduced the number of poles from five to four.

Jasinski advised them that no action will be taken until they meet with town engineers and zoning officers to review the changes.

She did say the matter would be put on the board’s Oct. 15^th meeting agenda as long as she receives a report from the aforementioned town officials before that date.

The violent altercation on Ross Street in the city between Antwan L. Odom and Raymond Leach III on Aug. 4, 2018 was a case of "combat by mutual agreement," District Attorney Lawrence Friedman said in his opening statement just before noon Tuesday in Genesee County Court.

Odom's attorney Frank Housh has a different theory.

Both Friedman and Housh offered their take on the confrontation between the two former buddies and teammates during opening their opening statements, which preceeded sworn testimony by Leach, his mother, and the first officer on the scene.

The defendant, Odom, is accused of first-degree assault, a Class B violent felony, and also criminal possession of a weapon (a knife) in the fourth degree, a Class A misdemeanor.

The beef was prompted by the purported theft of about $50 stashed in a Gatorade bottle next to Leach's dresser in his bedroom at 153 Ross St. The plastic bottle turned up missing when Leach was on vacation last summer in South Carolina.

On July 29, Leach contacted Odom on social media, accusing him of taking his money.

Police were never contacted. Instead, when Leach returned home Aug. 4, he spotted Odom outside his house at 157 Ross St. and decided to confront him about the problem and handle it "man to man," Leach said on the witness stand.

Leach said he parked his car after his long drive from the South, and, instead of going home, went to confront Odom.

"We could take this elsewhere," Leach told Odom, in deference to small children playing outside.

This wasn't a case of self-defense for Odom, Friedman maintained.

Both teens walked to an area removed from the kids (149 Ross St., near a basketball hoop) and a fight ensued.

Leach acknowleged he struck the first blow and landed several others before Odom fell, rose, then got punched a few more times by Leach, before falling down again.

Odom's punches never landed, Leach said.

Leach said Odom declared "we're done" and Leach turned to go home.

Odom wound up on the losing end that afternoon -- getting pummeled into unconsciousness, according to his attorney.

Odom managed to revive quickly and pursued Leach "to seek retribution," in Friedman's theory of the case, following him to his house.

Leach testified he heard shuffling behind him, turned and saw Odom with a knife, and so Leach ran, stumbled on some wood and fell down on rocks on the ground.

Odom chased him down and took the opportunity to stab him in the back and elsewhere with a small pocket knife half the size of an ink pen, jurors were told, leaving Leach to lurch into his house and collapse on his kitchen floor.

Bloody and weakened, he yelled loudly for his mother's help.

Friedman said on Tuesday that Odom ran from the scene and disposed of the knife, which has never been recovered.

Police and medics were called, though not straightaway, and Leach was taken to Strong Memorial Hospital in Rochester where his 12 stab wounds and cuts were sutured; he was released that evening.

A large gash above the knee of Leach's right thigh was his most serious wound and he suffered nerve damage, according to statements on file by his doctor, who testifies later this morning (Wednesday).

Leach healed, returned to Batavia High School in the fall, and played "great" varsity football last year. Some pain and tingling in his nerves persist, the standout athlete said.

Friedman told jurors the evidence would show that Odom intended to cause serious physical injury and did so by means of a dangerous instrument -- a knife, which the DA said Odom carried on him because he intended to use it.

In defense attorney Housh's opening statement, he pounced on Friedman's opening statement reference to Leach's football glory-- twice, quoting the DA as saying "Ray Leach had a great season."

Housh asked "Why? What difference does it make if Ray Leach is a football player? That Batavia made it to state (Class B varsity football championship)?"

Then Odom's attorney posited that most people who believe they've been the victim of theft call police. But instead, in this case, "the victim -- a great athlete who took the football team to state -- called (Antwan) out."

"My client lost the fight -- he got beat up bad because 'Ray Leach is a great athlete,' " Housh said. "Ray Leach confronted my client and my client got the hell beat out of him."

The police, once contacted, had to arrest somebody, Housh told the jury.

But it was not going to be the guy who "rushed for 3,012 yards, had 49 touchdowns, scored 310 points (on the season) and went 410 yards in the final game and had three touchdowns...Remarkable physical achievements...It had never happened in Batavia -- the football team went to state."

Housh then surmised that the entire criminal justice system in the City of Batavia got on board with keeping their wunderkind -- "the 2018 New York State Class B Player of the Year" -- unsullied by the actions that took place Aug. 4, 2018.

By the way, the slightly harried Housh went on, Friedman neglected to mention that Leach testified under oath (before the grand jury) that he communicated to Odom his intent for street justice, posting: "I'm going to end you."

"My client is not allowed to defend himself?" he asked. "There's no evidence of serious physical injury, but they want to put my client away."

What it boils down to is that the rules mere mortals have to abide by, like calling the police when a crime is believed to have been committed, do not apply to a "super human with athletic prowess on the field. They don't apply to Ray Leach. ... I don't want to live in that world," Housh said.

The particulars in the case don't add up; they don't make sense. The evidence doesn't support (the charges) and the charges should never have been brought, Housh concluded.

The first witness called in the afternoon was Leach's mother, Michelle Thornton, who testified that Leach was 17 at the time of the incident. She said she went into his room while he was on vacation and found his mattress off the bed and on the floor; his TV had been moved; furniture drawers were open and the room was in "disarray."

Thornton said she called her son in the Palmetto State to ask him if he had left his room like that. Leach asked about his Xbox, PS4 Console (PlayStation 4 Console) and other items, including the Gatorade bottle with money in it, and she told him everything was there except the Gatorade bottle.

Asked when she first became aware that her son had returned from vacation, she replied it was when he screamed for her.

"I knew something was wrong," she told the district attorney.

It was after 3 p.m. that Saturday and she was in the living room at the other end of the first-floor dwelling. She ran to the kitchen and found Leach, bloody on the floor. She said she saw three severe wounds in his back and wounds to his chest and arms and he was screaming for help.

"He stabbed me!" he told his mother.

"Who?" she asked.

"Antwan!" he said.

Thornton said she looked outside and saw Odom's grandmother with a phone in her hand and she told her to call the police. Odom's grandmother mentioned seeing blood on Antwan's hands, Thornton said.

Her son told his mother: "I don't need police; not for $50 in change. I need help."

Someone notified the emergency dispatch center and police and medics responded.

Meanwhile "(Ray) was weak and his eyes were rolling back in his head and he was starting to lose consciousness," Thornton testified, adding that her son told her he saw Odom with a knife with a yellow handle.

She covered her son with her body, using the pressure from it to staunch the bleeding from his back, his chest, his thighs, his hand.

She told her son "stay with me."

Medics arrived and she held gauze on her son as they prepared him for ambulance transport to the hospital.

She went along and her son was rushed into the trauma unit at Strong; doctors told her a couple of the stab wounds had nicked internal organs. After lots of novocaine and stitches, he was transferred to a room and released later than night.

"My son was in a lot of pain; he fought through it," Thornton said.

Asked about how her son fared afterward, the mother said he'd cry in pain after football practice and the over-the-counter medicine Motrin he was told to take wasn't working. Leach did not want to see a doctor or take narcotics because he feared it would interfere with his football playing, which is "his life."

At some point, nerve-blocking patches were employed and although they weren't a total answer for pain, they "got him through." He still complains of the sensation of "bugs crawling in there" or "liquid coming out," his mother said.

The defense attorney then cross-examined Thornton.

"Did your son say he was going over to Antwan's to beat him up?" Housh asked.

"No," Thornton said.

"But that's what he did, didn't he?" the attorney asked.

"Yes," Thornton said.

Leach, it was said, wanted Odom to know that it was not OK for him to disrespect his home.

When Thornton discovered her son's room in a condition "beyond messy" she admitted it occurred to her that burglary was the possible explanation, yet police were not summoned.

At this point, the jury was asked to take a recess.

Housh was honing in on the fact that more valuable items remained in the bedroom, but 50 bucks in coinage from a Gatorade jug was the purported provocation for a bloody fight.

The district attorney and Housh sparred over legalese and the judge wanted to know what Housh was getting at. Housh said he would argue, based on evidence he said exists, that the stolen money was from marijuana sales. And that maybe something more valuable than coins was in the jug, too...

"What difference does it make if it's money or marijuana?" Judge Charles Zambito asked.

"Because marijuana is illegal," was Housh's exasperated reply.

Then Housh complained that Thornton had made a statement about Odom's grandmother saying her grandson had blood on his hands and he wanted the jury to be instructed to disregard the statement.

Zambito refused, saying Housh had time and opportunity to object to the statement forthwith in front of the jury and failed to do so. He also said he did not think letting the statement stand would have any substantive impact on jurors.

Housh returned to a motif he is wont to use: that he must be circumspect about his questioning to the point of second-guessing himself because "everything he does gets reported (by Friedman)" (he claims) to the New York State Commission on Judicial Conduct.

"I am being prosecuted as well," lamented the esquire.

"I don't care," Zambito said flat out. "You can't let it interfere with the defense of your client," otherwise you should remove yourself from the case.

Friedman responded to the allegation for the record: "It's ludicrous; I have not been reporting anything to the (commission)."

When the jury was ushered back in, Ray Leach took the stand.

He told the district attorney that after the fight, when he was walking back to his home, he heard feet shuffling behind him, he turned around and saw Odom with a knife approaching him. He ran and tripped on some wood and the next thing he knew Odom was on top of him stabbing him.

They tussled, then he was on top; the stabbing continued and he tried to wrest the knife away.

Leach was able to run up the stairs and into the kitchen before collapsing.

Friedman showed the jury photos of the injuries 14 months ago, the bloody striped shirt with cuts in it, and the scars as they appeared Monday (Sept. 30).

"It's hard to squeeze stuff sometimes," Leach testified about his hand injury when asked about his condition these days.

Leach was repeatedly told by the judge and the court reporter to speak up and speak clearly when he was on the witness stand.

He told the prosecutor that he couldn't practice until about a week before the start of the 2018 season. In the first game, he had to stop because the deep cut in his thigh opened up and began bleeding. It wasn't until the eighth and ninth week of the season that he got up to speed, even then he took himself out of games before they ended because of his injuries, he said.

"How else did the stab wounds affect you -- mentally?" Friedman asked.

That set Housh off, who objected to the question on the grounds that nothing in the case regarding Leach's mental health had heretofore been raised and thus it's not relevant now. His objection was sustained.

Housh on cross-examination repeated his litany of Leach's athletic achievements and asked, given all the testimony about his injuries and suffering, how he managed such feats in the months afterward.

"I wish I could have done better," said Leach.

"You were spoiling for a fight weren't you?" Housh asked of the Aug. 4th encounter.

"I wasn't spoiling," Leach replied.

Housh then had him read portions of his sworn statements, where he directly contradicted that, saying "yea" that he intended to fight because he thought Odom had stolen from him.

"Let me find out who ran through my room -- it's over for you."

However, Tuesday afternoon, he refused to answer in the affirmative to the question of intent posed by the defense attorney.

Leach noted that Odom used a "shush emoji" in their correspondence (a smiley face with an index finger over a closed mouth, meaning "keep quiet.")

"Why would he use a shush emoji if he didn't do it?" Leach asked.

Why didn't you call the cops? the attorney asked.

"Not really a cop caller like them. Not my thing," he mumbled and was told to repeat and clarify what he said.

"Is it possible you didn't want police to come because you didn't want them to know what was really stolen?" Housh asked.

"No," Leach replied.

After reiterating his recollection of the aftermath of the fight, Housh asked Leach if it was possible that some of his injuries were sustained by his fall on the rocks and wood outside his house.

"No they wouldn't have slashed me," Leach responded.

Then the defense attorney asked how it was possible for someone with his stats for rushing on the football field could be chased down by and overtaken by Odom, who is slightly built.

The trip and fall for starters, Leach explained, then he tried to get control of the knife but after 12 punctures, he "got tired from getting stabbed."

Asked if he thought Odom intended to kill him Leach said: "Little bit. Twelve times -- a little much."

Again, a direct contradiction of what the sworn statement Leach signed said.

The final line was read by Leach in court at Housh's behest: "As this was going on, I was scared. I never thought he was going to kill me."

Asked about the discrepancy then and now, Leach said: "He assured me I wasn't going to die right there."

Standing next to the witness stand, Housh leafed through all the pages of Leach's sworn statement, pointing out to the witness his signature and initials on each page in acknowledgment of the veracity of the statements and that each page had been read.

But Leach told jurors he had read none of them and signed and initialed them just to be done with the proceedings because he was in pain.

After a short recess, the jurors heard testimony from the day's final witness, Batavia Police Officer Mitchell Cowen.

He testified that on the day in question, he was just starting his 3-to-11-o'clock shift when he was dispatched to 153 Ross St. He was the first officer to arrive.

"When I entered the residence, Leach was on the floor and his mother was with him," Cowen said.

He found Leach to have mutliple lacerations, and blood was soaking through his clothes and it was on the kitchen floor.

"I rolled him on his back," Cowen recalled. "He was bleeding from multiple lacerations. I radioed for an ambulance."

After Leach was transported to Strong, Cowen went there to take photos of the injuries. He returned to Batavia Police headquarters with Leach's bloody clothes to put into evidence.

"Did you look for a knife?" Housh asked him.

"No," replied Cowen.

Did the Batavia Police Department look in the immediate area of the crime scene (for the knife)?"

"Yes," said the officer.

Cowen said he was not the evidence officer; he wrote the incident report and the narrative contained in it.

The jury was asked to leave again and Housh held forth on an "extremely improper" move by the district attorney -- something about his request for the marking of a document, hearsay, and the admissibility of a document as evidence. He went so far as to say the DA's goal in this legal manuever was to embarrass him.

Zambito allowed the document to be marked as part of the court record.

The last question for the police officer, "Did you find blood on the driveway?"

"Yes."

"Did you test it for Odom or Leach?"

"No."

Court resumes at 9:30 a.m. today (Oct. 2) with Leach's physician's testimony.

Also taking the stand will be Odom, who wore a charcoal suit, gray shirt, dark vest, bow tie, dressy black fringe-top loafers, shiny studs in both ears, and a de rigueur hairstyle with small dreadlocks on top and partially shorn sides.

Hemp could be big business in Western New York, the way Sen. Chuck Schumer sees it, but right now bank regulators are standing in the way.

As part of the most recent Farm Bill, Schumer teamed up with Sen. Mitch McConnell to take hemp off the list of Schedule I drugs and make growing it for cultivation legal. Farmers can even qualify for crop insurance when they grow it.

But banks have been unwilling to extend credit to farmers who want to start or expand hemp operations.

Today, Schumer was at Mills Family Farm on Ham Road in Basom to announce a new push by his office to get bank regulators to hurry up and write guidelines for banks seeking to do business with hemp growers.

"Hemp is harmless and in fact it's useful," Schumer said. "It's a very versatile and vital crop and it has much, much less THC, which is the active ingredient in marijuana, than marijuana."

He said besides producing CDB oil, it's used in cosmetics, construction materials, side doors of cars, and several other uses, he said.

"You know, everyone thought hemp was just for ropes but it is for much more," Schumer said.

Banks want to lend to hemp farmers, he said, but they're worried about getting in trouble with banking regulators, because of the association with marijuana, without specific, written guidelines.

"They know it's profitable loaning lending for them but they need this clearance from the regulators and today I am starting a major push to get the regulators to put out their guidelines about lending to hemp farms," Schumer said.

Brad Mills started growing hemp this year but he said without access to credit, it will be hard to expand hemp acreage next year, and hemp, in the current market, has attractive profit margins.

"On a small family farm, we had the equipment, we obviously had the land -- some of the best land in the state, and I would argue the nation for growing hemp at our disposal  -- but as we began to move along we saw obstacles," Mills said. "We really do need financing for things and that includes sophisticated equipment for the growing of hemp that a corn or dairy farmer just doesn't have along with that, the costs of buying clones, buying seeds, buying sprouting equipment to get those seeds going.

"None of that your average small dairy farmer or crop farmer would have. And that's very necessary equipment for moving forward in this industry. Our profits from this year's crop likely won't be enough to both establish that equipment and then move forward with a larger planting from next year. So we really need financing in place for that.

"And beyond that, you know moving forward, there's a real shortage of drying and processing facilities in the state as well. As we advance this farm ideally in the future, we would like to get into our own drying and processing. But you know these are all obstacles to overcome. We need financing."

    Chris Collins in Buffalo, Aug. 2018

As part of his guilty plea in Federal Court in New York City this afternoon, former Congressman Chris Collins, who resigned his NY-27 seat yesterday, admitted that his actions, in tipping his son to a failed drug trial, were "anything but what a model citizen would take.”

He told the judge, “I regret my actions beyond anything that I could explain today.”

Collins reportedly pled guilty to conspiracy to commit securities fraud and making false statements.

The case against Collins began with reporting by Jerry Zremski of the Buffalo News, who was curious about the congressman's involvement with Innate Immunotherapeutics and so he began digging into public documents that raised questions about Collins behavior.

At the time, Collins dismissed Zremski's reporting as "fake news" but the stories eventually led to an FBI investigation as well as a House Ethics Committee investigation. 

In August 2018, Collins was indicted on numerous charges stemming from his insider trading activities, most notably, a phone call he made to his son Cameron Christopher Collins from the White House lawn in June 2018 where Collins shared insider information about a failed drug trial.

This led to Cameron Collins allegedly dumping some $800,000 worth of stock as well as suspicious stock trades by people associated with the Collins family.   

Chris Collins, who was the first member of Congress to endorse Donald Trump for president, denied the charges and repeatedly lied to constituents about his innocence, claiming he would be "fully exonerated." He narrowly won reelection in November 2018 while maintaining the fiction that he was innocent. 

Today in Federal Court he admitted to the White House phone call and said that he was "shocked and devastated" by the news of a failed drug trial and informed his son while in an "emotional state."

Outside the courtroom, U.S. Attorney for the Southern District, Geoffery Berman, a Trump appointee, said:

"Moments ago former New York Congressman Christopher Collins pled guilty to insider trading; and the lying to the FBI in order to cover up his insider trading scheme. Collins admitted to among other things illegally tipping his son while standing on the White House lawn. By virtue of his position, Collins helped write the laws of this country and acted as if the law didn't apply to him.

"This courthouse is a representation personifies to incorporate the ideal of equal justice under law. No one is above the law. That is because of our office's commitment to the pursuit of that ideal that Collins is now a convicted felon and no longer a member of Congress."

Now that Collins is out of office, it will be up to Gov. Andrew Cuomo to decide whether to call for a special election or let the sit vacant through 2020.

New York City reporting for this story courtesy WXXI in Rochester.

Press release from the City of Batavia Republican Committee:

With election season here, Batavia’s Republicans are gearing up for five City Council races this fall. Stressing their ability to work together in promoting the City’s interests while keeping local taxes in check, Batavia’s Republican City Council members are all seeking reelection.

They aim to provide much needed continuity in City Government, especially as new City Manager Martin Moore has settled into his position and is working with Council to set priorities and programs in place to continue to improve the City’s finances and development for the benefit of local residents.

Kathy Briggs -- Fifth Ward

Educator and Fifth Ward Councilperson Kathy Briggs has had a valuable long-term presence on City Council during her five terms as councilperson.  Her knowledge about the City’s ongoing needs and her commitment to Fifth Ward residents have helped accomplish many positive developments throughout the Fifth Ward and the City.

“I’ve fought hard for the people living in the Fifth Ward," Briggs said. "My recent success in getting additional cameras placed in this Ward and my work along with Councilperson Al McGinnis to bring the residents of the Fourth and Fifth Wards together with our City leaders to listen to their concerns at our regular “town hall” meetings at the Holland Land Office are recent examples of my commitment to the residents.

"I also plan to continue my efforts to improve the sidewalks, water lines and sewer lines throughout the Fifth Ward. I look forward to sharing concerns with the residents of my ward this election season and seek their support in my effort to continue to work for them as their elected representative.” 

John Canale -- Third Ward

Businessman, local music instructor and Third Ward Councilperson John Canale is seeking a third term on Council.

“Being on City Council for the past eight years, I have had the opportunity to be part of a group of city leaders that have accomplished monumental achievements," Canale said. "We have worked to increase our bond rating to A1, secured more than $20 million in grants to improve existing industrial areas, upgrade infrastructure, improve our downtown area, including settling the Mall issue and moving forward with redevelopment, and studying ways to improve our longtime stagnant community.

"Most importantly, we’ve turned a multimillion dollar deficit into a balanced budget with capital reserves for future city improvements. All this and more has been accomplished, while keeping the city property tax rate level, over the past seven years. My plans are to continue moving the city forward in redevelopment and revitalization, in order to create a ‘Better Batavia.' "

Paul Viele -- First Ward

First Ward Councilperson, local developer and businessman, Paul Viele said his focus in his upcoming term, if reelected, will be to: work with City Administration and his fellow Council members to continue their efforts to reduce crime in the City; revamp infrastructure throughout the City; focus on our local youth; and continue to keep taxes down.

“I encourage all the residents of the First Ward to continue to reach out to me with their concerns," Viele said. "I’m firmly committed to make the First Ward and the entire City of Batavia a better place for all of us to live, work and raise our families."

Viele is seeking a second four-year term this November.

Patti Pacino -- Second Ward

Second Ward Councilperson Patti Pacino, who is retired and an active volunteer with local organizations, including being a past president and current director of the local Zonta Club, stresses several ongoing issues that she will be focusing on if elected to a third full term on Council. She has been on the Council since 2010.

“Safety is my first concern for City residents," Pacino said. "We have had some real trouble (stabbing, etc.), which needs to continue to be addressed. Happily, the Police Department and the City are working together to get a handle on how to best deal with this. I am aware of two neighborhoods that are in the process of organizing groups similar to the Summit Street Neighbors who work together to keep police and each other in the know about trouble on their streets and what they can do about it. I will continue to support these efforts.

"Second, we need to continue to work on the ‘Zombie House' problem in the City, (caused by absentee landlords), to ensure our neighborhoods are not on a downfall. We have proportionately too many rentals compared to homeowner-held houses, often by landlords not willing to take responsibility for their properties.

"Third, I will continue to work with the BID organization to upgrade the business district, organizing community activities and work with business owners to upgrade our downtown area, hopefully bringing in more businesses to fill those empty buildings and make Downtown a more welcoming and prosperous area.

"Fourth I will continue to promote fiscal responsibility throughout City government. All these ideas that we’ll continue working on require financial support; my hope is to improve our area without burdening the area taxpayers.” 

Al McGinnis -- Fourth Ward

Retired military veteran and Fourth Ward Councilperson Al McGinnis is seeking a second four-year term. If reelected, Councilman McGinnis has expressed his commitment to continued efforts to enhance the quality of life for Batavia’s residents.

“We need to continue our efforts to make Batavia’s streets safe for our residents, to do all we can to increase and encourage home ownership, to renew our efforts to enforce our local codes and to continue our sidewalk and street replacement programs," McGinnis said.

"I will also continue to work with Councilperson Kathy Briggs to bring the residents of the Fourth and Fifth wards together with City Administration on a regular basis at the Holland Land Office to give our local residents an enhanced opportunity to be heard and to air their concerns to local officials.”

Election Day is Tuesday, Nov. 5^th. All eligible residents are encouraged to vote.

Press release:

Press release:

Nate McMurray, the Democrat running for Congress in NY-27, reiterated his commitment to bring honest and effective leadership to NY-27 today at a press conference on the steps of the U.S. District Court for the Western District of New York.
 
“Today is a good day for Western New York – Chris Collins, the most corrupt politician we’ve seen in this region, is gone. Following his indictment last summer, the rest of the nation saw what we already knew, and had known for a long time -- that the people of Western New York have been without real representative for the better half of a decade. Now, this district can finally move forward, and it’s time to bring responsible and honest leadership to NY-27 once and for all,” McMurray said.
 
“When I challenged Collins 18 months ago, his enablers, some of whom are now running for this seat, belittled our efforts, spread lies about me and my family, and betrayed voters by defending and lying for a guilty man. They are complicit in his crimes, and they know it. But we refused to back down, and we will not allow these enablers to rewrite history.

"The everyday people of Western New York – the nurses, the teachers, the police officers, and the working families – continue to stand with us and know that I will fight for them on the issues that impact our everyday lives. Issues like protecting healthcare, creating good jobs and fighting the corruption that has plagues our region."
 
McMurray also came out strongly supporting the announcement from Governor Cuomo that he plans to call the special election “sooner rather than later.”
 
“Democrats, Republicans and Independents all agree that this district has lacked effective representation for too long, and we need to elect someone who’s willing to speak truth to power as quickly as possible to give the people the voice they deserve in Washington.
 
“We came close in 2018 in a district that was designed for even an indicted Republican to win, but whenever this race occurs, we will be ready. Just watch, because we are just getting started."

A student at Le Roy Junior-Senior High School is being charged as a juvenile in connection with an alleged threat posted on Snapchat that led to classes and activities being canceled at Le Roy schools on Friday.

Le Roy PD announced today that the unnamed juvenile is being charged with falsely reporting an incident, 3rd, and that the matter is being referred to Genesee County Family Court.

Police say the youth posted a message on Snapchat threatening to harm students. A parent of one of the students who received the message contacted the Safe School Helpline to advise officials of the threat.

Superintendent Merritt Holley said he was informed of the threat early Friday morning and made the decision -- based on what was known at the time, leading him to believe it was a credible threat -- to cancel classes and activities at both Wolcott and the Jr.-Sr. high.

Previously: More than single Snapchat post apparently used to determine need for school closure today in Le Roy

A jury has been selected in the trial of Antwan Odom, charged with first-degree assault, a Class B violent felony, following an altercation with Ray Leach on Aug. 4, 2018, and attorneys will present their opening arguments to the jury late tomorrow morning (Tuesday).

Frank Housh, representing Odom, indicated during a brief conversation this afternoon, that he intends to make at least some of his defense of Odom about the character of Leach.

Odom and Leach were teammates at Batavia High School in football and basketball, and the alleged assault took place just before football practices were set to begin for the 2018 season. That was Leach's senior season in which he set state records as a running back and helped lead the Blue Devils to a state championship game.

In May, Housh first indicated he intended to try and impune Leach's character, telling reporters outside of court that Leach was the aggressor and had a reputation, known to his client, for being an aggressive person.

At a hearing that day, Housh had said he intended to file a motion to bring up evidence that questioned Leach's character. Throughout pretrial motions, he held open the possibility of filing such a motion. He never filed the motion. Today he said he didn't file the motion because it isn't necessary. He can raise that defense, he said, without a specific motion and ruling from Judge Charles Zambito.

"It goes to the reasonableness of my client's defense," Housh said.

The justification defense was apparently on District Attorney Lawrence Friedman's mind during jury selection today.

During one panel interview, he asked prospective jurors if they could set aside any personal beliefs about what might constitute justification and follow the legal explanation as proscribed by New York law that Zambito will provide them during jury instructions. All of the potential jurors on that panel said they could follow the law.

Race was on the minds of both attorneys, as well. Both Friedman and Housh asked jurors if they could come to an impartial decision involving a case where the defendant is black. When Friedman asked the question one woman said she was raised in a racist household and she didn't believe she could be impartial.  

Housh emphasized the point again and told the jurors that the women did the right thing, and showed courage by speaking up.

"It's OK to say if you feel that way," Housh said. "I need to know so my client gets a fair trial."

At that point, an older man in the back row raised his hand and said he had also been raised in a racist household and perhaps that would influence his thinking.

None of the potential jurors at that point were black.

Housh also wanted to know if any potential jurors had any strong feelings about marijuana use and none did.

Court documents that became public in August 2018 indicate that Odom accused Leach of stealing marijuana.

That apparently led to an argument. Leach allegedly received at least 10 cuts from a small knife, some of which required surgery. He missed some practice time but was ready to play by the season opener.

The trial is expected to begin tomorrow sometime between 10:30 and 11 a.m.

Press release:

Nate McMurray has issued a statement following reports that Rep. Chris Collins will be resigning.

“The real victims of Collins' crimes are the people of his district that he repeatedly lied to about his guilt. Collins and Republican party insiders robbed his constituents of the representation they need on important issues like the rising cost of healthcare, the opioid epidemic, and the fight for good-paying jobs.

"They all failed us, so I’m going to keep talking about the critical issues Western New Yorkers face every day, because that’s what public service should be about, working to make other people’s lives just a little bit better."

Morgan L. Cox, 27, of Batavia (no address provided) (inset photo, left), is charged with: obstruction of governmental administration; menacing a police officer (with a knife), criminal possession of a weapon, unlawful possession of marijuana. At 12:49 a.m. on Sept. 28, Cox was arrested on Central Avenue in Batavia by Batavia Police Officer Peter Post and Officer Arick Perkins. No other details provided. He was arraigned in Batavia City Court and jailed in lieu of $15,000 cash or $30,000 bond. He is due in city court this afternoon (Sept. 30).

Falan Janee Young, 27, of Ackerman Street, Rochester, is charged with: criminal possession of narcotic with intent to sell; criminal possession of a narcotic drug; unlawful possession of marijuana; aggravated unlicensed operation of a motor vehicle; and having side wings/windows not transparent on her vehicle. She was arrested at 12:37 p.m. on Sept. 26 on Clinton Street Road in Stafford. She was the driver and sole occupant of a vehicle stopped on Route 33 in the Town of Stafford. During the traffic stop, it is alleged that Young was found to be driving while her privilege to do so was suspended. She was later allegedly found in possession of crack cocaine and marijuana. She was arraigned in Stafford Town Court and jailed in lieu of $10,000 cash bail or $20,000 bond. Young is due back in Stafford Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Investigator Ronald Welker.

Shuvon Joanne Williams, 43, of Leopard Street, Rochester, is charged with second-degree harassment. Williams was arrested on Sept. 26 and arraigned at 10:30 a.m. in Batavia City Court following the investigation into a bomb threat made at 3:40 p.m. on April 23 at a medical offices on Bank Street in Batavia. The charge was worked out as part of a plea arrangement. The case was handled by Batavia Police Det. Eric Hill.

Ronald J. Murray, 25, of Wood St., Batavia, is charged with second-degree burglary and petit larceny. He was arrested Sept. 29 on a Batavia City Court warrant stemming from an incident on Aug. 7 on East Main Street Road in Batavia. Murray is accused of entering the dwelling of another person and stealing property. He was arraigned in Batavia City Court and jailed in lieu of $15,000 cash or $30,000 bond and is due in court again at a later date. The case was handled by Bataiva Police Officer Stephen Quider, assisted by Officer Sean Wilson.

Derrick Roy Kio, 28, of Broadway Road, Darien, is charged with second-degree criminal contempt. Kio was arrested on Sept. 22 after an investigation into an alleged violation of an order of protection at a location of Bank Street in the City of Batavia. He was issued an appearance ticket to be in Batavia City Court on Oct. 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Quider.

Rae C. Cook, 30, of Jackson Street, Batavia, is charged with second-degree harassment. Cook was arrested at 11:40 a.m. on Sept. 24 on East Main Street in Batavia, arraigned in Batavia City Court and released on her own recognizance. She is due back in city court on Oct. 10. The case was a handled by Batavia Police Officer Adam Tucker, assisted by Officer Jordan McGinnis.

Kenneth R. Torrico, 31, of Westchester Boulevard, Tonawanda, is charged with: two counts of falsely reporting an incident; petit larceny; and fourth-degree criminal mischief. He was located and arrested on warrants out of Batavia City Court for allegedly falsely reporting two incidents at two addresses on State Street, Batavia. The first was at 1:55 a.m. on June 10; the second was at 3:22 a.m. on June 11. In addition, he had a warrant for petit larceny and fourth-degree criminal mischief. The latter two charges stem from an unspecified incident at 6:38 p.m. on June 7 on Ellicott Street in Batavia. Torrico was arraigned in city court Sept. 26 and is due back there Oct. 3. The cases were handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Mitchell Cowen.

Dylan L. Bates, 25, of Townline Road, Byron, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; leaving the scene of a property damage accident; and moving from lane unsafely. He was arrested at 12:23 a.m. on Sept. 29 after the investigation of a single-car accident in  the Town of Byron. He was released on appearance tickets and is due in Byron Town Court on Oct. 21. The case was handled by Genesee Coumty Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Brian E. Mack, 35, of Sumner Road, Darien, is accused of: driving while intoxicated with a BAC of .08 percent or more; DWI; operating a mobile phone while operating a motor vehicle; and moving from lane unsafely. At 2:15 a.m. on Sept. 29, Genesee County Sheriff's deputies responded to a report of a vehicle in a ditch at 10537 Alleghany Road, Darien. They arrived on location to find an SUV in a ditch near the Darien Fire Department. They spoke with Mack and after an investigation, he was arrested on the charges, processed at the jail and released on appearance tickets. He is due in Darien Town Court on Oct. 8. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Ron Meides.

Walter H. Bennett, 29, of Van Aucker Street, Rochester, is charged with: aggravated unlicensed operation in the second degree; unlicensed operation; and unlawful possession of marijuana. Bennett was arrested at 6:50 p.m. on Sept. 27 on Oak Street in Batavia following a traffic stop. He was allegedly found to be driving with a suspended driver's license and in possession of marijuana. He was arrested and arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. He is due back in court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Camp.

Jason A. Zajaczkowski, 23, of Royalton Center, Road, Middleport, is charged with criminal possession of marijuana in the fourth degree and criminal possession of a controlled substance in the seventh degree. He was arrested after a traffic stop investigation into a motor-vehicle accident that occurred at 6:16 p.m. on Sept. 21 on North Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Peter Post.

Robert N. Tatarka, 71, of Union Street, Batavia, is charged with driving while ability impaired by alcohol. He was arrested after an investigation into a traffic offense complaint where he allegedly drove his vehicle while impaired by alcohol at 7:41 p.m. on Sept. 25 on Union Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Sean Wilson.

Jon N. Roblee, 44, of Summit Street, Batavia, is charged with obstructing governmental administration in the second degree. Roblee was arrested and arraigned Sept. 29 in Batavia City Court following a complaint about a disturbance at 9:15 p.m. Sept. 29 on Summit Street. He is due back in city court today, Sept. 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.

Ronald J. Murray, 25, of Wood Street, Batavia, is charged with criminally possessing a hypodermic instrument. Murray was arrested today (Sept. 30) on Jackson Street after an arrest warrant was issued by Batavia City Court. During the arrest on the warrant, the current charge was added. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespassing. He was arrested on a warrant at 11:10 a.m. on Sept. 26 for a trespassing charged filed in Batavia City Court on Sept. 24 and for which he allegedly failed to appear to answer. He is due back in city court Oct. 3. The case was a handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Davis.

Christopher P. Thomas, 35, of State Street, Batavia, is charged with owning/harboring an unlicensed dog. He was arrested at 5:45 p.m. on Sept. 28 on State Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Oct. 8. The case was handled by Batavia Police Officer Joshua Girvin.

A statement from Bronze Star recipient and New York State Senator Rob Ortt:

“It is vital that we continue to have a strong, conservative voice representing the residents of New York’s 27^th Congressional District and elect a candidate who will defend President Trump’s agenda," Ortt said. "I am the only candidate in this race who has proven that they are willing to do both.

"It is time that we send a battle-tested patriot to Washington who will stand up for our district, stand up to the Party of Impeachment, and push back against the radical socialists running our nation’s Democrat Party.”

WASHINGTON, D.C. -- The Associated Press at about 1:57 p.m. today reported that Rep. Chris Collins of New York is resigning from Congress ahead of his expected guilty plea on insider trading charges, according to Speaker (Nancy) Pelosi’s office.

UPDATED 2:34 p.m.: A Change of Plea Hearing for Collins is scheduled for 3 p.m. Tuesday, Oct. 1, in Courtroom 518 before Judge Vernon S. Broderick in U.S. District Court for the Southern District of New York, located in the Thurgood Marshall United States Courthouse at 40 Centre St. in lower Manhattan. The Change of Plea Hearing was entered on the court docket today.

More T/K.

From the Genesee County Board of Elections regarding early voting:

Beginning this year for the General Election on Nov. 5, all registered voters can vote early, in person, before Election Day.

Genesee County voters can vote early in the main meeting room right off the lobby at County Building 2, 3837 W. Main Street Road, Batavia. The Genesee County early voting site is accessible to voters with disabilities.

The dates and times of early voting are:

Saturday, Oct. 26: 12 – 5 p.m.
Sunday, Oct. 27: 12 – 5 p.m.
Monday, Oct. 28: 9 a.m. – 5 p.m.
Tuesday, Oct. 29: 9 a.m. – 5 p.m.
Wednesday, Oct. 30: 12 – 8 p.m.
Thursday, Oct. 31: 12 – 8 p.m.
Friday, Nov. 1: 9 a.m. -- 5 p.m.
Saturday, Nov. 2: 12 – 5 p.m.
Sunday, Nov. 3: 12 – 5 p.m.

Voting during early voting will be the same as Election Day. When you arrive at the early voting center you will check in to vote, receive your ballot and vote like you do on Election Day.

ONCE YOU VOTE EARLY -- YOU WILL NOT BE ELIGIBLE TO VOTE ON ELECTION DAY.

Early voting votes will be reported as unofficial results after 9 p.m. on Election Day. You will be able to check our website for unofficial results at www.genesee.ny.us

Official results will be available after our re-canvass, which will be posted a week to 10 days after the General Election after absentee and military ballots are counted.

Votes will not be tallied at the end of each early voting day, nor will they be tallied on the last day of voting.

Absentee ballots will continue to be available if you will be out of Genesee County, if you are permanently or temporarily disabled, ill, a caregiver for one or more people who are ill or disabled, or detained in jail awaiting Grand Jury action, or incarcerated for an offense other than a felony.

• You can contact the Genesee County Board of Elections with any questions or to request an absentee ballot at (585) 815-7804.

Photo above: Part-time Batavia City Court Judge Durin Rogers and Theresa Asmus-Roth, coordinator of Justice for Children Program.

Submitted photos and press release:

Theresa Asmus-Roth and Captain James C. Davis have added their names to the list of those endorsing Durin Rogers, a part-time Batavia City Court judge who is seeking election as the court's next full-time judge.

Asmuth-Roth is coordinator of Genesee County’s Justice for Children Program; Davis is coordinator of the County’s S.T.A.R. Program.

The Justice for Children Program is the Genesee County Agency that advocates for and give services to local children who have been victims of abuse or witnesses to violent acts, while the S.T.A.R. (Student Transition and Recovery) Program addresses the needs of local students who are facing school discipline or removal from their homes.

“I have worked with Judge Rogers in his role with the Genesee County Attorney’s Office as a part of the Justice for Children CORE team since my career in victim advocacy began in 2001," said Asmus-Roth, highlighting her experience with Rogers over the past 18 years.

"This has given me the opportunity to witness his dedication to child victims of abuse and view him as an experienced, thoughtful, and passionate legal professional."

She continued: “The Batavia City Court judge fills a crucial role in this community; a role that balances the constitutional and legal rights of a defendant against safety and justice for crime victims and the community as a whole… Judge Rogers’ decades of experience as a defense attorney, prosecutor, corporate counsel, and Judge have equipped him to excel in this position. It is with that in mind that I endorse Judge Durin Rogers for full-time city court judge.” 

Davis commended Rogers’ efforts in working with Family Court Judge Eric Adams in bringing the S.T.A.R. Program to Genesee County. He also praised Rogers’ ongoing support of the program since its inception as reasons for his endorsement.

“In my dealings with Judge Rogers…his knowledge of family matters within the court system has proved beneficial and supportive to the Genesee County S.T.A.R Program’s success,” Davis said. “I have personally learned and benefited from Judge Rogers’ knowledge of the law and his extraordinary ability to deal with and relate to ALL individuals

"We fully endorse his candidacy…I have no doubt that [Rogers] will be welcomed as your Batavia City Court judge and will serve the legal system and the City of Batavia with integrity and honor.” 

Rogers said “I have truly enjoyed working with Theresa and Captain Davis over the years. They are true professionals and have devoted their careers to protecting and assisting children in our community. I am proud to work with them and have their support and endorsement.”

Photo below: Captain James Davis of the S.T.A.R Program, part-time Batavia City Court Judge Durin Rogers, and Sgt. Robert Ettinger, S.T.A.R Program.

Stone isn't at home where he belongs and his owner, Kathleen, is worried about his whereabouts.

Stone's home is on Elmwood Avenue, by Kibbe Park. He's been missing since Sunday afternoon.

The feline is all gray, with green eyes, very friendly, and he loves to hide and play. He's 4 years old but is not an outdoor cat.

If anyone has seen him or has any information about him, please contact Kathleen at (585) 409-8099.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.65, down 2 cents since last week. One year ago, the price was $2.88. The New York State average is $2.74 – down a penny from last week. A year ago, the NYS average was $2.99.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.71 (no change since last week)
• Buffalo -- $2.70 (down 2 cents since last week)
• Ithaca -- $2.68 (down 1 cent since last week)
• Rochester -- $2.73 (down 2 cents since last week)
• Rome -- $2.73 (down 1 cent since last week)
• Syracuse -- $2.63 (down 2 cents since last week)
• Watertown -- $2.70 (down 4 cents since last week)

At the close of Friday’s formal trading session on the NYMEX, WTI decreased by 50 cents to settle at $55.91. Oil prices were mostly mixed last week after EIA’s (Energy Information Administration) weekly report revealed that total domestic crude inventories grew. The current level is 23.5 million barrels higher than this time last year.

The higher level has kept gas prices in check after concerns that global crude demand may be impacted by the ongoing trade war between the United States and China, and global supply could be reduced due to escalating tension in the Middle East. Growing gasoline stocks are putting downward pressure on pump prices.

Joseph Scott registered the first 300 game of the season at Rose Garden Bowl in Bergen this week.

The 37-year-old Pavilion resident put together 12 consecutive strikes on his way to his first USBC-certified perfect game in the Wednesday Men's Handicap League.

It is his second honor score -- the first one coming in October 2005 in a 290-268-200--758 effort.

"I've had a bunch of 279s, but wasn't able to break through until now," said Scott, who resumed league bowling last season -- averaging 212 at Rose Garden Bowl -- after a five-year absence.

Using a Brunswick Vintage Inferno, Scott said he had eight strikes in an opening 255 and continued his hot hand in the second game 300. He finished with 162 for a 717 series,

"I got away with one on the last ball when I tripped a 4-pin," he said. "I tugged it by about four boards (but it held pocket for the final strike). And I really didn't focus too well in the third game (understandable considering that the emotions had to be running pretty high at that point).

Scott works at Logwell Acres dairy farm in Pavilion and bowls for the Wright Beverages team.

Other highlights of the week in Genesee Region USBC league play:

-- Jeremy Vallance of Warsaw, 266-279-234--779 in the Le Roy Moose League at Legion Lanes on Tuesday night.

-- Brandon Gurnsey and Reid Cole, 735 and 734 series, respectively, in the Sneezy's Monday Night League at Oak Orchard Bowl in Albion.

For a list of high scores, click on the Pin Points tab at the top of this page.