batavia

A State trooper has reported to dispatch that a train track crossing arm is stuck in a down position on Seven Springs Road.

Traffic backed up quite a bit, he said, and many drivers have been forced to turn around and try an alternate route.

Dispatch is in contact now with CSX attempting to get the apparent malfunction resolved.

UPDATE 10:14 a.m.: This may actually be a train itself blocking the intersection. Dispatch reports that the train is having mechanical trouble and it will be at least 40 minutes before it is moved.

News of an alleged sex act in a Batavia public park and the rare adultery charge that followed has made it across the pond.

British tabloids have picked up the story. By this morning, the Daily Mail, the Sunday Mirror and the Sun all carried some version of the story. The story has also appeared in the UK's Independent.

In the U.S., such diverse news outlest as the New York Daily News, ABC, AOL and a Wall Street Journal blog have given the story play.

The Daily Mail also used pictures owned by The Batavian without permission or compensation.

The stories don't tell us anything we don't already know, but the comments on a couple of them can make for interesting reading.

The Batavian has also heard from New York-based entertainment shows looking for more information. And of course, the story has been popular with radio talk shows in Buffalo and Rochester, as well as receiving extensive coverage from the TV stations in those two cities.

My new 70-300 mm zoom lens arrived today, and since I bought it primarily to improve my sports photography, I thought I'd head over to MacArthur Park for some Batavia Minor League baseball action. I caught the Astros and the Athletics in a game of 8-10 year olds.

Mor pictures after the jump:

BATAVIA, NY -- Suzanne M. Corona, the 41-year-old Batavia mother accused of engaging in a public sex act in Farrall Park last Friday afternoon intends to challenge the constitutionality of the adultery charge leveled against her.

Asked after a brief court appearance at Genesee County Court today, Corona said she would "absolutely" challenge the legality of the charge once she retains a private attorney.

City Court Judge Robert Balbick gave her until June 22 to hire an attorney. He did not require her to enter a plea today to the adultery or public lewdness charges filed against her.

"I think the adultery charge is extremely unfair and uncalled for," Corona told assembled media before entering the courthouse. "My husband is standing beside me. He called the D.A. himself this morning and wants it dropped."

Joseph Corona said he loves and supports his wife of six-and-a-half years.

"I just want it on public record that I forgive her fully," Joe Corona said. "I wish that the charges were dropped so that we could resolve this as a man and wife, more of a private matter."

His wife called her behavior Friday "inappropriate" but denied doing anything that a child could see or be harmed by.

"If you were a passerby you would not see anything was going on," she said. "We were fully clothed. His pants were on. His shirt was on. My clothes were on."

At 5:15 p.m., Friday, Farrall Park reportedly had a number of parents with their children in the playground less than 30 feet from where the pavilion full of picnic tables sits. But Corona said she and her alleged paramour, 29-year-old Justin Amend, of Oakfield, were well away from any children. She said, at most, Amend's genitals were exposed through a pants' zipper while she sat on his lap.

"Yes, it was a sexual act," she said.

Amend was also charged with public lewdness. His case was continued to June 30. He also did not enter a plea today.

She apologized to the mothers, but said, "I've not heard from these mothers. I'd like to see something from the mothers that an offense occurred, because there was nothing, nothing that would have endangered a child, to hurt a child by any means."

Her husband complained that police never consulted him before filing the adultery charge.

"If they considered me the victim, they just left me out in the open," he said, adding that he felt "sad" about the whole situation.

"I'm hurt by all this," he said. "But I'm 41, but I've got 40 some more years to spend with my wife. I'm not going to throw it all away over one incident. This is something that is going to pass and life is going to go on. It's going to be forgotten. I'm going to love her and spend the rest of my life with her."

The elegant House of K, which sells European clothes for women, is closing its doors.

Located at 97 Main St. downtown, at the corner of Jackson, it has been in business for six years.

It sells dresses, pants, blouses, handbags, costume jewelry and more, in a distinctively upscale venue with black awnings over the windows of the historic building, hardwood flooring and modern, sleek decor inside.

Owner Kamilla Kabel says she's ready to pursue new opportunities and wanted to "stop while (she's) still ahead."

She's been mulling over the possibility since last winter. Then her sales associate got a full-time job, her niece moved here from Denmark and the timing seemed right.

Spending time with her children and family is what she plans to do for the immediate future. She is on the committee for the YWCA's fall fashion show and will be working on that, although unlike previous years, she won't be providing clothes for the show.

"I'm ready for something new," Kabel said. "I wanted to do this as long as I was having a good time. The customers and the friendships have been the best things I've gotten out of it. And I've enjoyed buying and selling clothes.

"I moved here from Denmark and only knew the people my husband knew," Kabel said. "I've gotten to know so many people on my own that I feel like this is my town."

The merchandise is marked down and there will be a farewell party and close-out sale at the store this Saturday, June 12, from 10 a.m. to 4 p.m. Gift cards and store credits that are still valid -- not expired -- will be honored.

In previous surveys, Batavians have said they would like to see more clothing stores for women downtown. The departure of House of K, makes the void all the worse.

"The House of K has always been a supporter of downtown and it's been a vital business," said Don Burkel, director of downtown's Business Improvement District. "Because she sells women's clothes, that's been an attraction to downtown.

"This will be a loss. I am one of the people who helped bring her downtown, so I'm deeply saddened. Hopefully, somebody will be interested in that (property) as a retail space."

The building is owner by Ken Mistler.

UPDATE (Howard)(1:30 p.m.): After her brief appearance in City Court, Suzanne Corona said she plans to retain a private attorney and challenge the constitutionality of laws making adultery a crime.

Suzanne M. Corona, the 41-year-old Batavia woman charged with adultery for allegedly engaging in sex in a public park, arrived at the Genesee County Courthouse this afternoon for her arraignment in City Court.

She walked up to the courthouse holding hands with her husband of six-and-a-half years, Joe Corona.

In an impromptu press conference, Corona denied the charges, took issue with being charged with adultery, apologized to mothers while denying that children could see anything. She further denied a police accusation that her alleged paramour, Justin Amend, had his pants down. Both denied that his genitals were exposed and said the whole affair should be a private matter between her and her husband.

Joe Corona said he stands by his wife and intends to be married to her for another 40 years.

More later.

Thomas M. Rastelli, 26, of Dewhirst Road, Gasport, is charged with a felony count of DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident, aggravated unlicensed operation, failure to stop at a stop sign and consumption of alcohol in a motor vehicle. Rastelli is accused of being involved in a one-car accident at 1:12 a.m. today on Route 5 in Pembroke. The incident was investigated by Deputy Jason Saile. Rastelli was jailed on $20,000 bail.

Shawn Michael Irish, 39, of Lake Street, Perry, is charged with illegal possession of a hypodermic instrument and unlawful possession of marijuana. Irish was stopped on May 16 by Deputy Brian Thompson in the area of 16 Bank St. for an alleged traffic violation. Thompson's K-9 reportedly alerted on Irish's vehicle.

Ronald Lewis MacGregor, 41, of Cole Road, Le Roy, is charged with criminal possession of a controlled substance. MacGregor was stopped on May 16 by Deputy Brian Thompson in the area of 16 Bank St. for an alleged traffic violation. Thompson's K-9 reportedly alerted on Irish's vehicle.

Kenneth M. Gray, 18, of 77 Myrtle St., Le Roy is charged with criminal mischief and robbery, 3rd. Gray is accused of forcibly taking property from a friend and then damaging the property during an alleged domestic incident on Sunday. Gray was jailed on an unspecified bail.

Jason M. Brooks, 32, of 98 Wilmont St., Rochester is charged with disorderly conduct and resisting arrest. Brooks is accused of being involved in a fight on Mill Street on Monday. Det. John Condidorio responded to the scene. During the investigation, Brooks allegedly used profane language numerous times in public and after being advised he was under arrest, allegedly physically resisted causing a minor struggle to ensue.  Brooks was jailed on $3,000 bail.

Michael L. Ruth, 42, of Stafford, is charged with harassment, 2nd. Ruth was arrested by State Police for an alleged incident at 1:12 p.m., May 17, in Bergen. No further details were released.

Jonathan Martinez, 22, of Batavia, is charged with DWI, operation impaired by drugs, unlawful possession of marijuana, speeding and driving without a license. Martinez was stopped 10:15 p.m., Monday on Route 33 in Bergen by State Police.

Accidents reported in the State Police blotter:

8:54 a.m., June 6, Genesee Street, Pembroke, one vehicle; Driver 1: Steven F. Marra, 17, of Corfu. No injuries reported.

10: a.m., June 6, Court Street, Batavia, two vehicles; Driver 1: Mary A. Luce, 72, of Corfu; Heidi Whelan, 42, of Batavia. No injuries reported.

12:54 p.m., June 6, Route 63 and Route 20, Pavilion, three vehicles; Driver 1: Yanely Mencia, 22, Corona; Driver 2: Gerald C. Burch, 41, Le Roy; Driver 3: Steven J. Morore, 50, East Bethany. No injuries reported.

A two-car accident with possible injuries has been reported at North and Summit streets, Batavia.

Mercy EMS is on scene and City Fire is responding. Mercy EMS, which found the accident, reports minor injuries.

Police has been dispatched to deal with traffic. The intersection is blocked.

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Batavia police spokesman Eric Hill pretty much admits that the police department is surprised that an alleged sex act in a Batavia park has become big regional news.

The initial press release was "local only," meaning it went out only to The Batavian, WBTA and the Batavia Daily News. Regional TV, radio and newspaper editors read all of those websites to help keep tabs on Batavia, so by Monday afternoon, the police department was besieged by a steady stream of media requests for more information.

At 3:45 p.m., Hill stood before half-a-dozen TV cameras and a barrage of mics and told the assembled reporters many things we already know, and added a couple of new details.

The angle driving the story up until now is the rare charge of adultery against Suzanne M. Corona, 41, of Ousterhout Street, and that unusual charge could lead to national news outlets picking up  "BATAVIA , NY" datelined news stories.

If not "adultery," then Corona's comments late this afternoon to WHEC out of Rochester will certainly add a more sensationalistic angle.

Corona said that her husband of seven years is transgendered and that they have been unable to have sex. That is part of the explanation of what she calls “inappropriate behavior.”

Corona told News 10NBC, “One thing lead to another and this is what ended up happening…I feel terrible, especially for my family. It’s an embarrassment for my family. It just happened. There was no reason for it...it just occurred and obviously I wish it never happened. It wasn’t planned. I am very sorry for the situation.”

Corona also denied police allegations that she was actively engaged in sexual intercourse with 29-year-old Justin Amend on a picnic table in Farrall Park when Officer Matthew Baldwin arrived on scene at 5:15 p.m., Friday.

In an attempt to confirm Corona's statements with her, I drove over to her house after reading the WHEC story. She was not at home, but her unshaven and slightly disheveled husband was.

The 42-year-old Mr. Corona said he's been reading The Batavian. He said he wondered why nobody was considering him in this situation. I said that normally we don't try to talk directly with people involved in pending legal cases.

I asked him if he had seen the comments that his wife made. He said yes. I said, "You've seen her latest comments to News 10?" He said, "yes." I asked, "any reaction?" he said, "in what way?"

I asked him what he thought about her saying he was transgendered, and he said, "Do I look transgendered to you?" I said, "no," and he said, "well, there you go, then."

At this point, another reporter walked up. I reached for my tape recorder and asked to record our conversation. He said, "no."  I then asked him, "but you do categorically deny what she said about you being transgendered." He said, "I don't understand your question." I said I just wanted to be clear that I understood exactly what he said. He told me I heard what he said.

He then told me that he's been reading what I've written about the case and considered me unfair and very narrow minded. He then backed into his doorway and shut the door.

As for Friday's incident, Officer Hill said that when Officer Baldwin approached the allegedly copulating couple, Amend had his pants down, but that Corona was mostly clothed.

"He asked what they were doing and they said, 'Just talkin'," Hill said. "Obviously, they weren't just talking."

Hill later said that upon more questioning, Corona said that they were just making out.

He described both as intoxicated at the time.

Officer Baldwin knew Corona was married, Hill said, because police have previously responded to calls at her residence.

Baldwin decided to charge Corona with adultery because the alleged facts as he knew them fit the penal code.

Section 255.17 of the New York State Penal Code reads:

A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Adultery is a class B misdemeanor.

A reporter also asked if Corona was married to, or formerly married to, any member of the Batavia Police Department. Hill said she has no direct relation to anybody in the police department.

UPDATE 11:05 p.m.: WHEC has deleted from its story online the transgender reference. I just spoke to a person on the news desk at WHEC who said, "I guess they felt it wasn't really relevant to the story."  On further discussion he said, "she made all kinds of excuses" and added again that this excuse just didn't seem relevant or fair to the husband since they couldn't check it out.

UPDATE 11:30 p.m.:  From WHAM 13's Sean Carroll:

The woman involved is charged with adultery in part because of statements she made to police.  According to court papers she told an officer after her arrest:

"Officer I know what I did was inappropriate and I apologize but you'd understand if you knew what my life was like.  I have a transgender husband and we never have sex.  One thing led to another."

Carroll also reports that he spoke with Corona, and she didn't deny engaging in sex, "However, she said police are painting a picture that isn't accurate.  She insists nobody was nearby and if they were that they would not have seen anything inappropriate."

Photos: Top photo, the view from the podium just prior to today's press conference at police HQ; first inset, Corona; second inset, plaque at Farrall Park; third inset, Amend; bottom photo, the picnic table area at Farrall Park.

I happened down Harvester Avenue just as this "train truck" was passing through the intersection. Workers told me they use it to ride the rails and check for any maintenance issues that need addressed and to spray for weeds.

No flags, no wreath, no flowers -- Helen Batchelor looked at the Gen. Emory Upton Monument a couple of summers ago and thought Batavia's most noteworthy war hero, and all the veterans and war dead he represents, deserved something better.

On her own -- Batchelor is not associated with a local veterans group, but is on the board of the Holland Land Office Museum -- Batchelor decided to do something about Upton's "nakedness," as she put it.

She planted spring bulbs this year and through Legislator Hollis Upson managed to get a $20 donation each from each of the county legislators for new flags. That only left the issue of the wreath.

One evening Batchelor ran into local funeral director and veteran Ron Konieczny at Alex's Place and he asked her what she had been up to recently, and she told him about her Upton Monument project.

"What can I do to help?" she remembers him asking. "We need a wreath," she said. "He said, 'I'll take care of it,' and he did. He called Kathy at The Enchanted Florist and we have a wreath."

The wreath is now officially in place and will stay affixed to the monument until Christmas, when a holiday wreath will replace it, and for every year for the rest of his life, Konienczny said, there will be an annual wreath and a Christmas wreath placed on the monument -- all at his own expense.

"The wreath is a symbol," Konienczny said. "It has no beginning. It has no end. And this is how we remember the deaths (of our military service personnel)."

Pictured, from left, are Upson, Konienczny, Nancy Konienczny and Batchelor.

Richard John Abramski, 22, of Main Road, East Pembroke, is charged with disorderly conduct. Abramski is accused of obstructing traffic in the area of 1993 Genesee Street, East Pembroke, by standing in the drive lane, causing traffic to move to avoid hitting him. Abramski was allegedly drunk at the time. The alleged incident occurred at 11:23 p.m., Saturday.

Danny J. Torok, 23, of 12 Elm St., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Torok is accused of slapping, pushing and pulling the hair of his girlfriend while holding his 4-month-old daughter. He was jailed on $2,500 bail.

Jeremy Dean Lyons, 25, of Judge Road, Oakfield, is charged with unlawful possession of marijuana, unsafe lane change and speeding. Lyons was stopped by Deputy Thomas Sanfratello at 5:25 p.m., June 1, at 14 Weber St., Oakfield.

Joseph Stephen Vernaccini, 34, of Clipnock Road, Stafford, is charged with DWI, failure to keep right and refusal to take breath test. Vernaccini was reportedly involved in a one-car accident 12:44 a.m., Saturday, in the area of 7000 Route 5, Le Roy. Vernaccini was jailed on $500 bail.

Justino Sanchez, 50, of West Ridge Road, Brockport, is charged with DWI, aggravated unlicensed operation, failure to keep right, improper right turn. Sanchez was stopped by Deputy James Diehl at 10:47 p.m., Friday, in the area of Route 98 and Edgerton Road, Elba. He was jailed on $1,800 bail.

A 17-year-old from Clarence was arrested by State Police in Darien at 8:05 p.m., Wednesday. She is charged with DWI, failure to keep right, crossing road hazard markings and unlawful possession of marijuana.

A 16-year-old from Williamsville was arrested by State Police at 8:05 p.m., Wednesday, in Batavia for unlawful possession of alcohol.

John J. Smalley, 47, of Oakfield, is charged with harassment and criminal mischief. Smalley was arrested by State Police at 12:50 a.m., Sunday, in the area of 7020 Macumber Road, Oakfield. No further details were released.

Accidents from the State Police blotter:

4:57 p.m., June 5, Bernd Road, Pavilion, two vehicles; Driver 1: Laurie Jean Lerkins, 33, of Le Roy; Driver 2: Heather M. Coates, 24, of Rochester. One injury reported.

4:46 p.m., June 3, Genesee Street, Pembroke, one vehicle: Driver 1: Jennifer L. Mroz, 49, of Batavia. One injury reported.

10:32 p.m., June 3, Lewiston Road, Batavia, two vehicles: Driver 1: Robert M. Laskowski, 24, of Chaffee; Driver 2: Matthew J. Quinn, 25, of Attica. No injuries reported.

Convicted murderer Scott Doll allegedly tried to smuggle aspirin into the Genesee County Jail.

Chief Deputy Jerome Brewster said that lab results came back this morning on the white powder reportedly found hidden on Doll's body.

Brewster said the green balloon containing the aspirin was taped to Doll's inner buttocks.

"I have no idea why (he hid aspirin on his body), Brewster said.

Doll still faces a count of promoting prison contraband, because even aspirin can't be snuck into the jail.

If the substance had turned out to be any kind of more serious drug, the charges would have been elevated, Brewster said.

Doll was allegedly found with the balloon on his body during a routine jail processing search after he was convicted May 21 of killing 66-year-old Joseph Benaquist by bludgeoning him to death outside his Pembroke home on Feb. 16, 2009.

Doll is scheduled to appear on June 29 in City Court to answer the charge of promoting prison contraband.

He will be sentenced on the murder charge on July 2. He faces a sentence of either 15 years to life or 25 years to life.

City firefighters raised $5,601 in support of the Muscular Dystrophy Association this year as part of its annual "Fill the Boot" campaign.

It's the most ever donated in a single MDA boot drive, according to Greg Ireland, president of IAFF Local 896.

On Friday, off duty firefighters, stood at the intersections of Main and Court and Ellicott and Court with firefighter boots and asked passersby to drop in donations.

"It was an amazing day," Ireland said.

I stumbled across this video on YouTube -- it appears to be old home movies, showing mostly their business ventures, from the Mancuso Family.  It appears to be all shot pre-war, 1941.

This Saturday, Heather Ackerman invites you into an alternative universe with alternative theater...

Well, all right, maybe that first "alternative" is a bit over the top...but the second is definitely real.

The venture

Ackerman's new East Bethany-based theater group, "Honesty Theatre," will be putting on their second production Saturday, June 12. It will be made up of a series of individual performances grouped under the theme of "alternate realities."

"All of these stories will be based on different 'what if' ideas," Ackerman said, citing as an example a vignette that has Sophocles' Antigone winding up in New York City.

Ackerman describes Honesty Theatre as "an experimental writing company for the stage." The group is made up of small teams of actors, each responsible for writing, producing and performing a short play...all in one day.

Each teams' play is included in a single, themed performance every month. At Honesty Theatre's premiere last month, the plays that were all about "beginnings." Subjects included Adam and Eve, beginning relationships, the first day in a new town, etc.

Ackerman says this style of theater is good for both audiences and actors; audiences get to see something "no one has ever seen before" (since it's being more or less created and performed at the same time), while actors have the chance to explore their creative instincts.

"Our emphasis is on the creative process, what we learn along the way and being creative with words, rather than on the final product."

Nevertheless, the Honesty Theatre troupe is taking advantage of lessons learned from their last show to enhance the quality of the next one. For example, instead of writing the scripts on the day as the performance, they decided to "workshop" the scripts well in advance this time. Spontaneity will still be very much in play, but with scripts prepared in advance, the actors can focus more energy on the performance aspect of the show.

"Acting on the fly is a lot better than writing on the fly," Ackerman said.

She also encouraged more interaction and reciprocal feedback between the different acting teams, as well as some advance rehearsal time. During the first production, the actors had to rehearse while the other vignettes were being performed. This time, they will be able to see and offer feedback on their fellow actors' work.

The brains behind the operation

Though currently a resident of East Bethany, Ackerman is a Batavia native. She has been acting since she was a youngster and has an impressive repertoire of local theater performances, including roles in Summer Youth Theater productions of "Alice in Wonderland," "Godspell" and "Oliver." She has also worked with a local independent theater company called Something-or-Other Productions, acting in such plays as "The Laramie Project" and "The Complete Works of William Shakespeare, Abridged" from 2004-2007.

While a student at Genesee Community College, she had starring roles in "The Importance of Being Earnest" and "A Christmas Carol."

In addition to acting, she also has experience writing local theater productions. Her first stage play, an experimental piece about young girls and their perspectives on relationships (love, breakups, etc), premiered at GCC in 2003.

After earning a bachelor's degree from the NY University at Buffalo, she spent six months living in Boulder, Colo. It was there that the seeds of Honesty Theatre were planted.

"I was looking at the want ads and I noticed that there were these people looking for a theater writer," Ackerman said. "I called them right away, got the job, and wrote for them the whole time I lived in Boulder."

The names of the two individuals in question were Erin Kelly and Jesse McDonald, and they ran a spontaneous theater company just like Honesty Theatre. Kelly, in fact, was one of the founders of "L.A. Café," which was the first group to experiment with this type of theater.

"They're actually doing very well in Boulder," Ackerman said. "In the time since I left, they've already become a larger theater company."

Ackerman was so intrigued by their approach to live theater that she wanted to bring it to her own neck of the woods. She asked Kelly and McDonald for their permission, and they granted it happily.

The venue

Honesty Theatre productions take place at the East Bethany Old Town Hall, at 10440 Bethany Center Rd., which Ackerman says has "exactly what (they) need" in spite of its smaller size. The hall contains an old vaudeville stage.

"It has seating for 100, and it's great as a theater because it has an old-fashioned look and bright polished wood."

Saturday's show will begin at 7:30 p.m. and last about an hour and a half. Tickets are $8 and will be for sale at the door.

For more details, call Ackerman at 356-4678.

There are two public meetings scheduled to discuss possible revisions to the Genesee County Smart Growth Plan.

One is at 7 p.m., Monday, June 7, in the large meeting room in County Building No. 2, located at 3837 W. Main St. Road in the Town of Batavia.

The other is at 7 p.m., Tuesday, June 8, inside the Le Roy Town Hall, 48 Main St.

The Smart Growth Plan, first adopted by the county legislature in 2001, is required to be reviewed every three years and any recommendations for revision must be made at that time.

The preliminary draft of the proposed revisions can be viewed on the county's website, specifically at:

<http://www.co.genesee.ny.us/dpt/planning/SmartGrowthPlan%202010Prelim.pdf>

The overall plan is intended to mitigate potentially significant environmental impacts of the Genesee County Water Supply Project on agriculture.

To this end, Smart Growth Development Areas were designated based on access to transportation, minimal conflict with county agricultural districts as well as state regulated wetlands.

The plan assesses the feasibility of extending public water service and the potential for extending public infrastructure to support community development.