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A 45-year-old Le Roy man facing felony charges from a "shots fired" incident on Clinton Street Road a year ago, and facing other felony charges, turned down a plea offer today that could help him avoid the potential of a life-in-prison sentence.

That decision made a little more sense during a hearing that followed the plea offer discussion on a grand larceny charge from a separate incident.

In that case, a video that reportedly shows Arthur J. Brown taking a credit card from inside a police station wasn't preserved by Le Roy PD.

Judge Melissa Lightcap Cianfrini ordered a spoliation hearing -- a hearing to determine what happened to the evidence -- to be followed by a Huntley hearing -- a hearing on whether evidence should be suppressed at trial.

Without the video, the only evidence against Brown in the grand larceny case is the testimony of a police officer who reviewed the video recording prior to arresting Brown on the charge.  Under the rules of evidence, the officer can testify about what he saw on the recording.

By calling for a spoliation hearing -- something the defense did not request -- Cianfrini signaled that she might consider a strong sanction against the prosecution, which could include dismissing the case.

When asked about a possible remedy, First Assistant District Attorney Joseph Robinson said it would be appropriate to permit the jury to draw an "adverse inference" from the fact the video does not exist.  That would mean at trial, the jury could consider that the lack of a recording means there is a weakness in the prosecution's case.

Robinson said that remedy would be significant because there is only one police officer who can testify in the case and state what he saw on the video. There is no other supporting evidence.

On Aug. 11, 2021, Brown was picked up by Le Roy PD on a violation-level offense, said Assistant Public Defender Lisa Kroemer, and placed in an interview room where he was required to empty his pockets. 

When he was released, he was instructed to take his personal belongings.

Later, a police officer discovered that a credit card was missing. The card had been found by somebody and left with the police. It was being held for safekeeping until its rightful owner could pick it up.

The missing video supposedly shows Brown picking up the card along with his property.

Kroemer argued that the video is a critical piece of evidence that could show whether Brown knowingly and intentionally took the card or whether he picked it up accidentally, a distinction, she said, the officer can't reliably testify about.

When questioned later, Brown did have the card in his possession, Kroemer conceded, but the issue that can't be resolved without the video is whether Brown knowingly took the card from the police station.

Kroemer said Brown was held for a bail hearing less than 24 hours after his arrest and Kroemer put the District Attorney's Office on notice at the hearing that the video recording needed to be preserved as evidence.  She also argued that police officers should know that such a piece of evidence should be preserved.

Later, Cianfrini would note that Kroemer made a compelling argument that members of law enforcement, more than a store owner or any other member of the public, should understand the importance of preserving evidence. 

In ordering a spoliation hearing, Cianfrini said the court is interested in hearing what protocols Le Roy PD has in place for preserving video evidence, what happened in this case, what was communicated to police, and how it was communicated, about preserving the recording, and what if anything is the police department doing to ensure this doesn't happen again.

The hearing is scheduled for 9:30 a.m. Oct. 14.

Brown is also facing multiple charges from a Sept. 19, 2021 incident in which Brown was stopped on Clinton Street Road in Stafford for alleged erratic driving and once stopped, fled from law enforcement into a cornfield.

A deputy said he saw a gun on Brown and a second later, there was a bang or a boom in the area that prompted the officer to inform dispatchers of "shots fired."  

The search for Brown took several hours and involved Monroe County SWAT, the Batavia Emergency Response Team, State Police (including the closure of the Thruway), drones and a State Police helicopter.

Law enforcement reported recovering a handgun at the scene, but Brown has maintained it wasn't his.

It turned out later, that what sounded like possible gunshots was really a wildlife scare cannon.

In that incident, Brown was charged with:

• Criminal possession of a weapon 2nd
• Menacing a police officer
• Tampering with physical evidence
• Obstruction of governmental administration 2nd
• Criminal  possession of a controlled substance 7th
• Driving while impaired by drugs
• Failure to keep right

Brown is also facing a charge of failure to register as a sex offender but he hasn't been indicted on that count yet.

The plea offer from the District Attorney's Office was for Brown to plead guilty to the weapons charge and the grand larceny, and serve five years in prison with seven years on parole, and the rest of the charges would be satisfied.

Brown would still have been subject to being found by the court to be a second felony offender, a second violent felony offender, and a persistent felony offender.

After Robinson recited the plea offer, Kroemer said her client was rejecting the offer. 

Cianfrini then wanted to ensure that Brown understood the ramifications and risks of his decision.  As she spoke, Brown raised his hand as if he wanted to speak and Cianfrini advised him that he shouldn't speak to the court and instead talk privately with his attorney and let her speak on his behalf.

Kroemer and Brown then conferred, but Brown was speaking loud enough that some of what he was saying could be heard in the courtroom.  Cianfrini told him he should whisper so she couldn't hear what he was saying.

After Kroemer and Brown spoke, Cianfrini asked Brown if he still wished to decline the deal.  He said that he did.  

She explained to him that if he was found guilty at trial, he could be sentenced to the maximum prison term for each count, that the sentences could be served consecutively instead of concurrently, and that if the court found him to be a persistent felony offender, he could be sent to prison for life.

"My job is to ensure that I feel satisfied that you understand," Cianfrini said. "Whether you take the plea is 100 percent your decision. I just want to make sure you understand." 

Brown, who spoke clearly in court, said he understood.

On the weapons charge, the court set a trial date for March 20 to March 24, with a Jan. 23 plea cutoff date. 

Cianfrini explained to Brown that while the plea offer he just rejected was off the table, the prosecution had the option of making a new offer and Jan. 23 would be the final date Brown would have to accept a plea offer, otherwise the case would go to trial.

There will be a Huntley hearing, a hearing on the possible suppression of evidence, at 9:30 a.m. Oct. 11.

Brown is not being held in jail while the charges against him are pending.

A group of about 30 people attended Monday's City Council meeting, and half of them spoke about the proposed farm animals law to ban most farm animals from city limits and the feeding and care of feral cats. Volunteers For Animals member Robin Lewis, second row, in blue, waits to take her turn at the podium and dispute that a feeding ban does any good for feral cats

Forbidding people to care for homeless cats will not take care of the feral cat problem, Robin Lewis says.

She was one of about 15 people to share their thoughts during a public hearing Monday at City Hall.

“It is a cruel, inhumane, and ineffective way to solve a complex problem,” Lewis said to City Council.

In an audience of 30 or so spectators, half of them were there to voice support or opposition for a proposed farm animal law expected to go up for a vote later in the evening. The law would ban “owning, bringing into, possessing, keeping, harboring, or feeding” most farm animals and feral cats in the city, and limit chickens to six as long as they’re penned properly and don’t create an accumulated mess and odor.

Lewis and other speakers nailed one issue right on its head: it’s a complex issue when dealing with cats. She was with a group of fellow Volunteers For Animals members who stressed that the ban was not only unfair to homeless cats but that it doesn’t work for eliminating them. Spoiler alert: volunteers were happy in the end.

One point of contention was that feral cats and “community cats” are hard to tell apart; one group is often being well cared for by good samaritans while the ferals are cats born outside that are often unsocialized and therefore less friendly and seemingly wild.

Judy Sikora, who has lived in the city for 40 years, is one of those good samaritans who has been caring for stray cats. She has worked with Kathy Schwenk of Spay Our Strays to ensure the cats are spayed or neutered so as not to reproduce, and that they are healthy. There are some ferals that “occasionally do remain very wild,” she said, however, many others are redeemable to go up for adoption.

She has appreciated the work of Spay Our Strays and asked that council remove the cat ban from the proposed resolution.

“The work they do is incredible,” she said.

Kathy Schwenk, coordinator of Spay Our Strays, appeals to council that "these community cats should not be punished for one person."

Schwenk has been with Volunteers For Animals for the last 18 years and is coordinator for Spay Our Strays, which is a low-cost spay and neuter program for feral and outdoor cats. The group humanely sterilizes and vaccinates cats throughout Genesee County, including in the city of Batavia, she said.

“The caregivers did not ask for these cats. They're compassionate, caring, humans who cannot bear to see animals suffering. Some of them are in the audience right now,” Schwenk said. “These community cats should not be punished for the deeds of one citizen who irresponsibly harbors farm animals on their city property and infringes on their neighbor's rights.

“By including feral cats in the same category as farm animals, this is going to ensure undue suffering and spread of disease among our own community cats. So because of this proposed amendment, I've had several people, several upstanding city residents, contact me fearing that they will not be able to legally care for their outdoor cats anymore,” she said. “Some of these cats are strays, some are semi-socialized. Others have just been thoughtlessly left behind with a piece of trash and these compassionate people are caring for them.”

Her group worked with City Council seven years ago, after a presentation from SUNY Buffalo Law School recommended the trap/spay/neuter/vaccinate and release method for best controlling the stray cat population. Working with former Assistant City Manager Gretchen Difante and a task force, Spay Our Strays experienced “big success” by trapping 42 cats in one neighborhood, treating them per the program and releasing them.  That was in 2016.

While the issue of feral cats has come up since then, it isn’t what triggered the farm animal ordinance. Complaints from neighbors about one resident, in particular, got the ball rolling. The resident owns four goats, plus chickens, a dog and a cat. Her Burke Drive neighbors have come to council previously and complained to their ward councilman John Canale. They were fed up with loose goats charging them, eating their foliage, and the animals creating a mess and foul odor.

Who'd want farm animals in the city? resident John Ladd asks during his time at the podium Monday evening.

City resident John Ladd wanted to clarify for council what his stance was. That was after he rattled off several dates of when he’d documented seeing loose goats or chickens “roaming freely out of their enclosures.” One day he found a goat standing on his front porch eating bushes. It might seem humorous, he said, but it makes him angry.

“We don’t want a limit on farm animals, we want no such animals allowed in the city limits,” he said.

Another speaker against the ban asked council to consider the aspect of people with disabilities having a right to a support animal. What if someone wants to have an emotional support cow or giraffe, Ladd said.

“Is that possible? Is it legal?” he said.

Some folks cited state and federal laws and statements from the American Society for the Prevention of Cruelty to Animals to support their positions on the proposed law. The resident at issue, who has said that her animals were therapeutic service animals for her daughter, was not present. Her father, Randy Turner, was present and vocal.

He estimated that although 75 percent of the city residents owned a dog or cat, “that has nothing to do with this,” he said.

“There’s no reason to have farm animals in the city,” he said.

I'm not against any animals, resident Shannon Maute says to council. These goats, these chickens, these ducks are not service animals. 

Fellow residents John Roach and Shannon Maute also supported the ban on farm animals. Roach didn’t move to the city to be near them, he said. Maute, who lives on Burke Drive, isn’t against animals, and in fact, “I love animals,” she said. But the goats, the chickens, the ducks are not service animals, and one’s pets should be properly contained, she said.

“So far I’ve had to chase one goat, three chickens and a dog out of my yard,” she said.

After everyone had a chance to speak, Council President Eugene Jankowski asked for comments before a vote. Councilman John Canale first responded to the cat comments.

“I certainly did not expect to see this turnout,” he said. “I certainly recognize that we gave our blessing to that organization (SOS). I don’t know if it’s working or not, we haven’t heard from them in years.”

Councilman Bob Bialkowski removes his support for the proposed farm animals law, and Councilman John Canale shares that when he was a kid, a neighbor tried to raise a pig next door on Bank Street.

Canale would like to continue the trap-release program, he said, but to also have more communication between SOS and the city. He suggested that people who wish to be caregivers for homeless cats should contact the nonprofit and make sure those cats are properly spayed or neutered and vaccinated.

Councilman Bob Bialkowski questioned the legitimacy of the ordinance: “All of this because of one home,” he said.

He also wondered how, if farm animals are banned, it will go if a child wants a rabbit but can’t, while her neighbor has six chickens. He suggested that when people have issues on their streets, to “talk to your neighbor … it’s called addressing the problem.”

“I’m not supporting any of this,” he said.

Jankowski explained that the city police and code enforcement departments are aware of the one issue, but with no law, not much could be done to solve it. He also pointed to the fact that Turner owns the house where his daughter Judy lives with all of those animals, and he’s against farm animals in the city. That should tell you something, Jankowski said.

“There are other issues going on that we can’t talk about,” he said.

He then proposed removing the feral cats from the entire law or stipulating that the spay/neutering program must be part of it.

“It will delay us, but I’d rather get it right,” he said. “I think we lumped it in, it was an afterthought. We made a mistake.”

Council needs more time to thoroughly review the issue of feral cats, Councilwoman Patti Pacino said.

“I definitely think we need more time to think about it,” she said.

Fellow council members Al McGinnis, Kathy Briggs, Paul Viele and Tammy Schmidt agreed.

Council unanimously voted to move forward with the farm animals ban and remove cats from the entire equation. The pared-down law will move to the Sept. 26 business meeting for a vote.

Lewis paused for a second before reacting to that news. 

"I'm ecstatic," she said. "We work to educate people and to educate them about feral and community cats. Feeding bans do not work."

Wendy Castleman of Volunteers For Animals cites that state law acknowledges the effectiveness of trap/spay/neuter/vaccinate/release programs as a way to stop cats from reproducing and the spread of disease. A feeding ban would be inhumane management of cats, she says, and it's a complex issue. 

An accident with entrapment is reported on Route 5 at Batavia Stafford Townline Road.

Two-cars involved.  One injury.  The eastbound lane is blocked and the intersection is blocked.

Stafford Fire and Mercy EMS are responding.

UPDATE 2:59 p.m.: Mercy Flight being dispatched.

UPDATE: According to a trooper on scene, vehicle one was making a left turn onto Route 5 and allegedly pulled in front of an eastbound vehicle.  The driver of the eastbound vehicle sustained a broken arm and was transported by Mercy EMS to Strong Memorial Hosptial.  Mercy Flight was canceled. 

Eli Fish hosted its fourth annual Oktoberfest Saturday at Jackson Square in Batavia. As promised by organizer Adam Burnett, the event was overflowing with attendees, as the ever-popular German band The Frankfurters played traditional songs, accompanied by the band's dance troupe. Attendees joined in with the dancing, and quenched their appetites with German-themed brews and food from Eli Fish Brewing Company.

Joanne Beck contributed to this article. Photos by Howard Owens.

A mobile phone left on a bed charging is the suspected cause, at least at the preliminary stage of the investigation, of a fire at 6979 Big Tree Road, Pavilion, this evening.

The fire was called in at 7:03 p.m., according to Tim Yaeger, emergency management coordinator.

It appears to have started in a second-floor bedroom and residents told investigators that a phone was left on the bed plugged into a charger. A 13-year-old resident smelled the smoke and found the fire.  He alerted his father and they shoved the mattress out the window but the fire spread quickly anyway.

"How the fire progressed inside the building, we don't know yet because we still need to investigate and then go from there," Yaeger said. "It's kind of early yet."

All residents of the two-unit apartment building escaped safely.  There were no injuries reported.

There were one adult and two children residing in each of the apartments.  

It was unclear earlier this evening if the structure is a total loss, but it was heavily damaged on both floors with obvious heavy flame damage in the front of the second floor.

Pavilion, Le Roy, and Stafford were dispatched on the first alarm.  The second alarm included the City of Batavia FAST Team, but that crew was soon pressed into firefighting duties so Alexander's FAST Team was dispatched.

FAST stands for Firefighter Assist and Search Team.

"They're there to be the rescue team for firefighters," Yaeger said. "So if a firefighter gets trapped, disoriented, runs out of air, something happens to either a firefighter or a team of firefighters, that's what that team is there for."

Also responding to the fire, Bethany, Caledonia, Perry Center, Wyoming, Mercy EMS and the Genesee County Sheriff's Office, along with Emergency Management. 

A large response was needed, Yaeger said, because of a shortage of manpower.

To volunteer with your local fire department, visit ReadyGenesee.com.

Photos by Howard Owens.

A caller reports everybody is out of the two residences.

The second floor is reportedly involved.

Pavilion, Le Roy, and Stafford dispatched on the first alarm.  A second alarm is called with City Fire's Fast Team, Bethany, and Mercy EMS.

A barn and house on Bethany Center Road, Bethany.

Photo by Howard Owens.

A homemade fox crossing sign spotted on Paradise Road in Bethany.

Photo by Howard Owens.

Campers at Lei Ti Campground in Bethany held their annual auction fundraiser on Sept. 3 in support of One Soldier at a Time, and on Saturday presented a check for $9,200 to Lauren Coe.

Coe said One Soldier at a time runs three primary programs.  One provides gifts for wives and mothers of military members deployed overseas for Christmas, Valentine's and Mother's Day.  Another provides care packages for soldiers on deployment.  And the third, that this donation will benefit, assists veterans who are homeless, impoverished, in PTSD housing or in similar hardships with care products to take care of them from head to toe, from hair-care products to socks and shirts and ties, and for veterans who have passed, suits "so they can be buried with dignity." 

Top photo: Sandra Sekuterski, Val Roshart, Lauren Coe, Sheila Hollwedel, and Gerald Sekuterski.  Below, Coe presented the campground with a plaque recognizing the contributions.

Photos by Howard Owens

More than two dozen volunteers placed 2,977 in remembrance of the 9/11 terrorist attack victims outside the VA Hospital in Batavia.

Organizations represented by the volunteers included VA employees, the VA police force, National Fuel, and the American Legion.

Photos by Howard Owens

Photos by Philip Casper

Oakfield-Alabama High School hosted its annual Dash in the Dark on Friday evening.

Photos by Laura Luft.

Armor Security staff members made their debut at Friday's home football game between Batavia and Livonia high schools. Spectators were wand-checked at the gate, and security guards were on site to ensure that the only commotion was on the field at Van Detta Stadium. Perhaps there was also some excitement in the stands as the Blue Devils blew away the competition by 42-6.

The security company has a contract through the end of this year, and members of Batavia Police Department were also on hand to check for illegal parking and related un-gamely behaviors. Superintendent Jason Smith has been adamant -- via a letter to parents and recommending the extra security -- that home football games will be safe and without unwanted disruptions from spectators. 

Friday's game included a moment of recognition during a dedication to honor all police and fire department and armed forces members.

Earlier in the day Smith issued his superintendent's update to the district, sharing that he is "personally thrilled to begin my first full school year as our Superintendent of Schools, and I look forward to experiencing all the fun and joys associated with being a Batavia Blue Devil!" Certainly, players, staff and fans experienced one of those well-deserved joys with Friday night's win.

District leaders were "out and about" during the first day of school on Wednesday, he said, and they are focused on three key teaching principles: effective teaching, literacy (reading and writing) across all content areas, and providing an engaging and consistent curriculum. Smith gave some advice that is well-suited for anyone: work hard and be kind.

To read the entire update, go HERE  

Go here for prior Robert Morris story, and district security.

Top Photo: Spectators are wand-checked as they enter Van Detta Stadium Friday evening; members of police, fire and armed forces were given a dedication to honor their service to the community. Photos by Steve Ognibene. File Photo: Superintendent Jason Smith takes board members on a tour of the revamped Robert Morris building before the first day of pre-school and UPK classes on Wednesday. Photo by Joanne Beck. Children arrive for the first day at Robert Morris. Photos from Batavia City Schools.

File Photo of Conductor Shade Zajac during a rehearsal with Genesee Symphony Orchestra.

There will be no shushing at Haxton Memorial Library next week when members of Genesee Symphony Orchestra, including Conductor Shade Zajac, provide demonstrations for families, Roxie Choate says.

Funded by GO Art! Reach grant money, the library will be hosting musicians from 7 to 8 p.m. Thursday at the Oakfield Government and Community Center, 3219 Drake St., Oakfield.

Orchestra members will be showing and talking about their instruments individually, and also playing together for this special hour, said Choate, the orchestra manager. They will introduce strings, woodwinds and brass instruments.

“In hopes of creating increased knowledge and understanding of the importance of bringing orchestra music alive within our young people’s lives,” she said to The Batavian.

This event is open to all children ages 7 and older, and their parents. Attendees are asked to arrive by 6:50 p.m. in preparation for the program, she said.

Genesee Symphony Orchestra is in residence at Genesee Community College, and has a tradition of having “a very strong educational mission in giving experiences in learning about orchestra music,” Choate said.

Consider this a warm-up for the group’s first of a five-concert season. The first concert will feature “a beautiful harp concerto,” Choate said, and is set for 4 p.m. Oct. 9 at Stuart Steiner Theater at GCC, 1 College Rd., Batavia.

Registration is encouraged and appreciated. Call 585-948-9900.

Press Release

Enjoy a day of play with Grandparent’s Day and/or discover the fascinating world of honeybees this Saturday at the Genesee County Park & Forest Interpretive Nature Center. Grandparent's Day is from 10:30 am – 12:30 pm!

Kids bring their grandparents to enjoy scavenger hunts, catching critters in the pond, insect safari and more. Program includes accessible outdoor and indoor activities and a card making station. Cost is $5/child, $5/parent, grandparents FREE.

Meet at the Interpretive Nature from 1:30 to 3:30 p.m. and see a live beehive in action! Hear a local beekeeper explain the lifecycle and different jobs of bees while sharing cool facts and experiences in caring for these amazing creatures. $5/person, $10/family. 

To pre-register, call 585-344-1122.

For more information visit our website or contact Shannon Lyaski at Shannon.Lyaski@co.genesee.ny.us or 585-344-1122.

Press release:

Western Regional Off-Track Betting (WROTB) / Batavia Downs Gaming President CEO Henry Wojtaszek announced today that Batavia Downs will start collecting retired United States Flags for proper ceremonial retirement starting Friday, Sept. 9.

Wojtaszek was flanked by members of the Genesee County Veterans Services Agency and other local veterans as the first retired flag was placed in the receptacle.

“We welcome all residents in the greater Genesee County area to stop in and drop off their retired flags,” said Wojtaszek.  “We want to honor the freedoms the flag represents and those who served defending them.  Batavia Downs and Western Regional OTB are proud to help in this process by serving as a collection point for anyone who needs to retire a flag and wants to be assured it will be properly retired.”

Flag receptacles, built by Batavia Downs Maintenance Staff, have been placed in the front lobby of the facility for the retired flags to be deposited in by guests and residents.

Batavia Downs’ commitment to veterans continues with discounts at their food service outlets.

Photos by Howard Owens

Press release:

The Genesee and Orleans County Health Departments (GO Health) will be holding their Local Early Intervention Coordinating Council (LEICC) Quarterly Meeting. The meeting is scheduled for Friday, September 30, 2022, from 9:30 to 11 a.m. at the Agri-business Child Development Offices (448 West State Street, Albion, NY, 14411) or by zoom. Childcare will be provided and refreshments will be served.  

The LEICC is a supportive group made up of county officials, early intervention providers, childcare providers, parents of children with disabilities and other community members. The members of the council are encouraged to collaborate and voice their opinions to help raise concerns to better the program, and ultimately, help the children.

Early Intervention has been going strong for over 20 years. During this time, a vast amount of research has been done on brain development in children from birth through age three. The research is showing how vital the early years are for development, as well as the importance of Early Intervention because these are the years that will affect a child’s later development. 

The goal of the LEICC is to afford the opportunity for parents and other members to voice their thoughts and concerns on the strengths and weaknesses of the Genesee and Orleans County Early Intervention Program and to work together to improve the program. The Genesee and Orleans County Health Departments are encouraging parents to attend and to offer input as to how we can best meet the needs of all infants and toddlers.

For zoom connection information or for more information on the meeting, please contact Deborah Krenzer-Lewter, Director of Children with Special Needs for Genesee and Orleans Counties at 585-344-2580 ext. 5572 or 585-589-2777.

Press Release

To all motorists, businesses, and property owners along Park Road in the Town of Batavia:
The portion of Park Road from Richmond Avenue South to the intersection of Lewiston Road/ NY63 will
be reopened to southbound traffic only.

Motorists approaching Park Road from Lewiston Road/ NY 63 are asked to continue to follow the detour along Veterans Memorial Drive to Park Road. This will occur on or about 5 p.m. Friday. This pattern will remain for the next few weeks while work continues to finish the project.

Nicholas Maher is being sent to state prison for 23 years for killing his father Martin Maher in their Oakfield home on Oct. 18.

The picture painted on Nick Maher in Genesee County Court today was of a 37-year-old man who struggled for years with mental health issues and gave into his delusions when he stabbed his 69-year-old father to death.

"Nick believed that his father was responsible for poisoning the air," District Attorney Kevin Finnell said. "He said he grabbed a knife to scare him but his father was flippant and arrogant and denied involvement in poisoning the air.

"Of course he denied it. It's ridiculous. It was a product of his mental health issues that he refused to address, he didn't want to address," Finnell said.

"Nick Maher is a college-educated person," Finnell continued. "He's smart enough to know that he needs to get mental health treatment and that he needs to take his medication, even if it doesn't make him feel real good. But he chose not to do that. So he responded, in his words, by 'losing it on his father,' a man who just denied poisoning the air, and killed him. In so doing, he took away the only person that was left in the world who cared about him."

Nick's siblings, Megan and Matt, spoke to the court and shared how much the death of their father hurt them.

Megan said Martin Maher put Nick first over his own happiness, putting off his own retirement to care for his son. She said Nick refused treatment and accused anybody who tried to help him of trying to harm him. 

"I think you simply made him the bad guy because he was there for you," Megan said. "What if mom hadn't passed a few years earlier? Would she have been caught up in your alternate reality and have been the bad guy, too? What if I spent more time around the house? Would I have been in the crossfire? I don't know. But these things have crossed my mind this year."

Megan said cleaning up her father's house, and going through old family photos was the hardest time of her life.

"I was constantly reminded of what you did," she said. "I no longer felt happy and safe in that house. All of the wonderful memories of our childhood were overshadowed by what you did."

Near the end of her remarks, she said, "You took a dad away from your siblings, and a grandpa away from his grandchildren. "Life has been hard enough after mom passed but not having my dad has been even more difficult than I think you'll ever be able to comprehend."

Matt said he will never forget the day he went to his father's home after not being able to reach him on the phone, worried something terrible had happened, and finding him dead on the floor.

"My dad loved my brother and it broke his heart that his love was not reciprocated, but that there was anger and blame towards him," Matt said.

Finnell told the court that the Sheriff's Office conducted a thorough investigation of the case and there is no doubt in his mind, that the evidence supported a murder conviction but it was also clear from psychological exams that if Nick Maher's case had gone to trial, his extreme emotional disturbance would have to lead the jury toward a manslaughter conviction rather than murder.   That is what lead to a plea deal that allowed Maher to admit to the murder with a possible sentencing range of 20 to 25 years in prison.

But Maher's mental health issues don't excuse him from the choices he made, Finnell argued.  Maher refused treatment and refused to take his prescribed medication.  Those choices ultimately led to Maher taking his father's life.

The chance to plead to manslaughter is the only consideration the defendant should get, Finnell told Judge Michael Mohun. Finnell said Maher should get the full 25 years in prison allowed by statute.

Public Defender Jerry Ader took exception to the suggestion that Maher was completely responsible for his own choices in dealing with his mental illness.

"I sincerely believe that our community, our country, has a difficult time dealing with mental illness, especially when it comes to mental illness in the criminal justice system," Ader said near the beginning of his remarks.

Later he said, "some of the speakers here, the children of Mr. Maher, they use of words, that he chose to do these things, and that he could have done something else. And I'm just not quite sure that's true. And I don't think anyone can know for sure if that's true, it's easy to say because we don't understand mental illness. But in my experience, when someone is placed in a psychiatric hospital, it could take years in order to get a patient, an inmate, to understand, to have the insight as to their illness, why they need help and why they need medication."

Ader said after nearly a year in jail, his client is just starting to take his medication and come to terms with his mental illness.

Ader argued that Mohun should consider something less than the maximum 25-year term on the manslaughter conviction because the Legislature when it wrote the law, allowed for a sentencing range of 5 to 25 years. Clearly, the Legislature understood, Ader argued, that each individual, each case, is different because mental health is involved, therefore, a judge has latitude to weigh all the factors.

In this case, the plea agreement meant that Maher must receive a sentence of at least 20 years but there was no reason, considering the factors of his mental health issues, to sentence him to the maximum of 25 years.

After giving Nick Maher an opportunity to address the court, which he declined, Mohun spoke directly to the family.

"I don't want you to dwell on Oct. 18 of 2021. The day your dad died. What I want you to think of are the days he lived. He almost lived until his 70th birthday which would have been in July of this year. Think of all those things that you had with your dad and that you celebrated together and that he was there to give you guidance and support. And think of the man who put his life on hold during his retirement years to take care of your brother."

He added, "Your brother has admitted, he's acknowledged., he has pled guilty to manslaughter in the first degree. What he has done by this act, you've lost two family members. On Oct. 18, you lost your father and you lost your brother. That is a devastating event which it will resonate through generations of Maher family celebrations of birthdays and holidays. But don't let this crime define the family. Remember your dad as he would want to be remembered, as a good dad, as a dad who stepped up and took care of your sick brother. Your father's devotion to duty was extraordinary."

Mohun said the killing of Martin Maher was without justification, without reason. 

"It was a heinous crime to which an appropriate sentence must be imposed," Mohun said.

The 23 years will be followed by five years of post-release supervision.  

Nick Maher is barred by court order from having any contact with his siblings until Sept. 9, 2053.

As some go up, others must come down.

That’s the nutshell version of construction in downtown Batavia. Work is being done to construct a new Healthy Living campus alongside GLOW YMCA, and the fitness facility at 207-209 East Main St. will eventually be demolished to make way for green and parking spaces.

It will take much investment for the entire plan to unfold, and Genesee County’s Ways & Means Committee agreed Wednesday to proceed with an application for a $2 million Restore NY grant to help with the costs.

Before anything else can happen, a public hearing must be conducted about the project to demolish 207-209 and 211 1/2 (rear) on East Main Street. Led by the county, the grant is available for “projects to demolish/deconstruct and/or rehabilitate/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial, and/or mixed-use buildings.”

The hearing was set for 5:30 p.m. Sept. 28 at the Old Courthouse, 7 Main St., Batavia.

The project has already passed historic preservation and environmental reviews, and has a developer, said Ed Flynn, director of planning at LaBella Associates. Having those items taken care of “I think will make it a competitive project,” Flynn said.

An important goal of Restore NY is to revitalize urban centers, rural areas, and disadvantaged communities. It is anticipated that upon completion, the projects funded by Restore NY municipal grants will attract individuals, families, and industrial and commercial enterprises to the municipality, according to the resolution.

“It is further anticipated that the improved community and business climate will result in an increased tax base, thereby improving municipal finances and the wherewithal to further grow the municipality’s tax and resource base, lessening its dependence on state aid,” it states.

Populations of less than 40,000 can apply for up to $2 million in grant funding. Since the City of Batavia meets that stipulation, Flynn suggested going for the entire amount.

Genesee County will be assisting with the administrative portion of the grant and applying on behalf of the city. The $2 million would go towards a $33.5 million Healthy Living project between Bank and Wiard streets downtown.

The future site is to be a 78,000-square-foot integrated medical and wellness facility. It's to include state-of-the-art exercise equipment, a new pool, an indoor track, a teaching kitchen, a children’s adventure room play area, plus 22 exam rooms and two medical procedure rooms for primary care, telemedicine appointments, behavioral health and crisis intervention support, cancer prevention, chronic illness, and community education services.

Rochester Regional Health, United Memorial Medical Center and YMCA officials have said the site will serve as a one-stop-shop for many health concerns and fitness goals, and there will also be a drop-in childcare center. 

For prior coverage, go to Healthy Living.

Illustration: File Photo of future Healthy Living campus rendering.