batavia

The alleged victim of sexual abuse by Batavia pastor Marty Macdonald has filed a report with the Genesee County Sheriff’s Office in a step that brings questions to an open investigation while only further confirming Hobson’s own stance on her accusations, she says.

“The Sheriff’s Office contacted me. So I spoke with them, and after speaking with them, that’s when I filed,” Hobson said to The Batavian Monday.  “So, currently, it's still an open investigation. You know, honestly, my motivation hasn't changed, so I still stand on the side of truth. I will no longer be silenced, and I want to encourage others to come out of the shadows of guilt, shame and fear and let their voices be heard. 

“I’ve talked to law enforcement several times over the last few weeks, in September and October. It’s still an open investigation, so I’m letting them do their job.”

Joseph Graff, chief deputy of the Criminal Investigation Division, confirmed that the case has drawn some attention in the Sheriff’s Office. The Batavian specifically asked whether the statute of limitations might apply to the allegations.

“We are looking into her case to determine if there are any statutes that are still applicable,” Graff said.

In criminal law, the statute of limitations is not straightforward and depends on the section of penal law cited and the facts of the case, which is information not yet available, according to legal sources.

Macdonald has forcefully denied the allegations through a public statement provided to the media and members of City Church.

Hobson’s story is not new. She first raised it in conversations with a local reporter and other community members more than 20 years ago. 

She has said that from the age of 12 to 18, she was groomed and sexually abused by Macdonald, she said. She hadn’t told anyone until years later. She only came out publicly in September when emboldened by a similar case in which a teen, Cindy Clemishire, had been sexually abused by a powerful pastor at the time, Robert Morris, and that became widely publicized when the Clemishire shared her story, and Morris resigned from his church. 

After The Batavian first published Hobson’s story, Cornerstone Pastor Paul Doyle made a video asking Macdonald and his son Ryan to step down from The City Church in Batavia. This was in response to a cease-and-desist letter demanding that Doyle retract what he had said publicly about Macdonald. 

That cease-and-desist letter also went to The Wartburg Watch, an online publication that has kept the Hobson articles and related posts intact.

Meanwhile, online chatter about the Hobson articles has included many posts of support for Hobson and some questions about why she hadn’t come forward sooner or filed charges against the well-known Batavia pastor. 

None of the comments have deterred her newfound spirit, she said. Now that she has taken this step to file a police report, Hobson isn’t certain “what avenues yet, but I plan to continue to tell my story.” 

Attorney Anjan Ganguly, who has been representing Macdonald and The City Church, was not aware of any investigation into the allegations against his client, he said.

“Neither Pastor Marty nor I have been notified of any police report or investigation,” Ganguly said Wednesday.

In an effort to fulfill his vow for “transparency,” newly hired CEO Byron Brown released copies of his employment contract with Western Regional Off-Track Betting Corporation to members of the press before committee meetings Wednesday, revealing his three-tiered salary increases, a four-month severance provision and other benefits of the job he began just a week ago at Batavia Downs.

The former Buffalo mayor’s annual six-figure base salary begins at $295,000 through 2025 and is set to jump to $305,000 on Jan. 1, 2026, and increase another $10,000 in 2027 to $315,000, “contingent upon continued growth and a satisfactory performance evaluation.” 

“Before I even signed the contract, I knew there was a lot of media interest in the contract. I had been informed that a number of members of the media had requested the contract and that the contract was FOILed. It was my understanding, through the corporation, that through FOIL, the contract would have been released on October 31, but I thought, you know, as we talk about transparency, it was important for me to release the contract today, my first board meeting,” Brown said. 

“You know, obviously, we are in something of a transition," he added. "Some of the decisions that are being discussed today, work that has been assembled today predated me, so as I transition in, I wanted to transition into the organization with transparency, and wanted to provide the contract to the media so that it could be seen and you could evaluate it."

Unlike former employees who have received year-long severance packages, Brown’s is cut off at four months, which was a condition he purposefully chose in working with Board Chairman Dennis Bassett, he said.

“We decided that I would not take that type of severance provision … Again, we thought that that was an important and meaningful reform with me coming in, and I was happy to agree with the chairman to reduce the severance that employees have previously enjoyed,” Brown said, answering why he agreed to a reduced severance length. “I want to start with transparency, want to start looking at potential reforms for the organization. Good work is being done here. This is a very profitable organization that delivers revenue to 17 municipalities in Western New York. I want to work to establish confidence in the organization. So I thought changing that provision and reducing the severance provision in the contract was important for me to do.”

The contract includes a minimum of two weeks paid vacation per year; an $800 monthly car allowance in lieu of any direct payments for expense of leasing or operation of a vehicle; and reimbursements for “necessary and reasonable business expenses incurred in the performance of his duties.”

Brown’s contract allows him to participate in employee benefit plans and programs, including but not limited to medical, retirement and life insurance, as are generally made available by the employer to employees.

The severance package also would include continued medical benefits or a $1,500 annual stipend for choosing not to use the medical benefits.  

His list of duties and responsibilities includes:

• The overall direction, development and day-to-day management of the employer — the gaming operations and hotel, food and beverage, and other gaming-related amenities; and management of vendors, consultants and employees, including the right to select, assign and terminate such individuals and entities and the implementation of personnel and wage and benefit policies established by the board;
• Preparation of annual operating and capital budgets of the employer and of required modifications to budgets, implementation, monitoring and evaluation of such budgets in the course of operations;
• Development and implementation of programs for training of employees and development of policies and procedures;
• Diligent attention to ensuring the compliance of operations with the requirement of the state Gaming Commission and other applicable laws relating to the integrity and operations of employers and maintenance of the integrity of all operations for the protection of the employers, its patrons and the public;
• Assistance in the development of strategic plans and preparation of related proformas for the expansion of the employer and of required modifications to such proformas;
• Overall direction, development and day-to-day management of the process to market, sell and account for the employer’s products and services and for developing, implementing, monitoring and adopting measures to improve customer service;
• Negotiate agreements on behalf of the employer consistent with the policies, and negotiate employment offers for management of the employer, both subject to board approval when required by employer policy;
• Lead the interaction with federal, state and local governments, including legislative bodies, and participate as the employer’s representative to the New York Gaming Association, and serve as trustee to the Employer’s Deferred Compensation Plan.

The annual salaries are listed as minimum base salaries, and will be up for review at the end of each fiscal year. The board may determine, in its sole discretion, to increase the executive’s base salary, the contract states. Brown is happy with the package, he said, which includes those "performance based incentives."

“I am certainly pleased with the contract the board has offered. We did not do a lot of negotiation, very little,” he said. “In fact, I was presented a contract for employment and found it certainly satisfactory to me and accepted it.” 

Press Release:

The Rotary Club of Batavia has contributed $7,635 in disaster relief to aid persons impacted by the recent hurricanes in the southeast portion of the country. 

The total donation was fueled by a $5,000 contribution from members of the Batavia Rotary Club. The remainder was raised over a five-day period from members of the Batavia and Genesee County Community.

Batavia Rotary Club President Michael Hodgins explained that the original appeal provided for a Rotary Club “match” of community donations up to $5,000. 

“Given the tight time frame, Batavia Rotarians decided to contribute the full $5,000 to go along with more than $2,600 from the community at large,” said Hodgins.

The local funds were sent to the Rotary International Zone 33/34 Foundation. This foundation was established to provide disaster relief in hurricane prone areas. These two zones encompass 10 states in the U.S. and 29 countries across the Caribbean. 

Hurricane Milton made landfall on 9 October in Florida as a powerful Category 3 storm. Mere weeks before, Hurricane Helene battered areas in and around the Caribbean, the Gulf of Mexico, and parts of the United States’ Eastern Seaboard.

Storm surges and heavy rains produced extreme flooding throughout the region. More than 250 people have died in the U.S. states of Florida, Georgia, North Carolina, South Carolina, Tennessee, and Virginia, according to the Federal Emergency Management Agency.

Press Release:

On October 20, Resurrection RC Parish and Ascension Parish Faith Formation students and families heard a presentation from Janice Spiotta, who percent went on pilgrimage to Italy.  

In anticipation of All Saints Day on November 1, Janice enthusiastically inspired the group with powerful messages about the faith of St. Frances of Assisi and soon to be a saint Carlo Acutis, to be known as the first millennial saint.

Press release:

The Batavia Boys Varsity Soccer team beat Pal-Mac 4-3 on Tuesday in an exciting sectional matchup. 

Batavia was down 1-3 and rallied with three unanswered goals in the second half to secure the win. 

The win was highlighted by a goal by Trevor Tryon (#8), assisted by Troy Hawley (#5), goal by Rylan Bohn (#24) assisted by Finn Halpin (#2), game-tying goal by Finn Halpin (#2), assisted by Hezekiah Doane (#22), and the game-winner scored by Troy Hawley (#5), assisted by Finn Halpin (#2). 

It was a total team effort with all players stepping up to give 100%. Batavia moves on to the quarterfinals where they will face Pittsford Mendon at 7 p.m. on Friday.

When Michael L. Elmore, being held at the time in the Genesee County Jail, learned on March 10 that Sgt. Thomas A. Sanfratello had died following a disturbance at Batavia Downs; he waved his hands and exclaimed, "No, no, no, no, no, no, no."

He then told Det. Jason Iverson, "I didn't kill nobody, bro."

Until then, Elmore apparently didn't understand why he was being held in jail along with his girlfriend, Lyndsey Wilcox.

His statements are included in a decision by County Court Judge Donald O'Geen in response to a motion to suppress statements by Elmore while in custody before he was charged with a crime.

O'Geen ruled that Elmore's statements were either made voluntarily when not being questioned or after he had been read his Miranda Warnings so the statements could be used at trial. The trial of Elmore and Wilcox is currently scheduled for June.

 The Batavian obtained the motions and decisions issued so far in the case after they were made public recently.

Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault.

According to O'Geen's written decision, the judge reviewed video from a body-worn camera that was left sitting on a desk so it could record Elmore and Wilcox (in separate cells) while they were being detained. He said five hours of footage were captured.

Most of the time, Elmore was quiet.

"At other times, he is heard on the recordings casting insults and threats at corrections officers demanding to know what charges he faces, and talking with his co-defendant Lyndsey Wilcox," O'Geen writes.

When Ivison first arrived with Det. Eric Hill, Elmore said, "I just want to know what's going on."

Ivison told him, "we'll go over that" and told him, "we're here to talk about what happened at Batavia Downs." 

The detective informed Elmore that they were trying to figure out what happened. That they had reviewed video footage and talked with multiple witnesses.

"I gotta refuse ... " Elmore says before Ivison interrupts him.

"Hold on. Before you start, I want to go over a couple of things and make sure you understand your rights."

Then Ivison says, "I also want you to know that the deputy that was there, I don't know if anybody told you this yet or not, but he died."

O'Geen states that Elmore was visibly upset by the news and makes his statement about not killing anybody.

"We're not saying you did," Ivison says. "We're just trying to get your side of the story. I'm just being up front and honest."

Elmore interjects, "I gotta refuse the services of a  ... " and O'Geen says he breaks off at the letter "L." 

O'Geen writes, "Suggesting that he might have intended to say the word 'lawyer." What word he intended is a matter of speculation, however, because he did not say it."

Iverson interrupted and told him he would advise him of his rights, which he did. Elmore did not ask to speak with an attorney before answering questions. 

O'Geen does not include any further portion of the interview.  He ruled last month, "The court finds the people have shown beyond a reasonable doubt that the defendant's statements to law enforcement were voluntary."

In a separate ruling, O'Geen said Wilcox could stand trial on a burglary charge.

Her attorney argued in a separate motion that case law precludes the burglary charge because, in his view, there was no evidence she stayed at Batavia Downs after being told leave with the intent to commit another crime. A burglary charge requires a person to enter or stay on premises unlawfully with the intent to commit some other crime.

O'Geen found there was sufficient evidence of intent for a jury to consider the charge.

St. Paul Lutheran Church and School is facing a lawsuit stemming from the conviction of a former principal to a child course of sexual conduct charge in June 2023.

The suit alleges that the church was aware of complaints of inappropriate conduct toward young girls and failed to act to protect the children.

In an answer filed with the Genesee County Supreme Court, St. Paul's denies all of the substantial allegations and moved to dismiss the case.

The next hearing in the case to consider motions is on Nov. 7.

Jason Clark worked for the school for 20 years and was named principal in 2019.

He admitted to sexual course of conduct with a child after initially being charged with two counts of sexual conduct against a child in the second degree. He was accused of sexual behavior with a child less than 11 years old over two separate periods in 2014 into 2016.

The child's guardian filed the lawsuit on behalf of the child. The child and guardian are only identified by initials in the suit.

The suit seeks "attorneys’ fees, costs, pre- and post-judgment interest, compensatory damages, punitive damages, and such other relief as this Honorable Court deems just."

Clark is not named as a defendant in the suit.

The 13-page complaint contains numerous allegations (some repeated under the multiple sections of the complaint).  

The plaintiff's attorney, Nathaniel L. Foote, from a law firm in Harrisburg, Pa., makes multiple representations about events and actions underlying the claims.

These include:

• "Prior to the cessation of Plaintiff’s abuse by Clark, employee(s), volunteers, and/or agent(s) of St. Paul, including administrators with the power to take corrective action, became aware of Clark's inappropriate behavior toward minor female students."
• "... Clark kissed a female student while consoling her while alone with her in a staircase."
• "... Clark tickled and hugged multiple children and placed children on his lap."
• "Parents reported they were uncomfortable with this behavior to St. Paul."
• "Parents’ reports to St. Paul about Clark’s uncomfortable behavior with students was known to St. Paul’s leadership prior to the cessation of Plaintiff’s sexual abuse."
• "Clark admitted to sending a 'warning' to the parents of his students that he is a 'hugger' and acknowledged hugging children is not easily accepted by people as it is by a female teacher."
• "Such behavior put St. Paul’s leadership and administration, including Pastor Allen Werk, on actual notice that Clark posed a risk of sexual harm to St. Paul’s students."

In its answer, filed by attorney Michael E. Appelbaum of Buffalo, St. Paul's denies all of these allegations except for the assertion that Clark sent the "warning" to parents.

Foote asserts that St. Paul's was negligent in allowing Clark access to vulnerable students, failed to provide adequate supervision, and took no precautions to prevent his client's injuries.

The church denies these allegations.

In response, Appelbaum states, in what is called an 'affirmative defense,' that the plaintiffs failed to state a claim that led to any relief ordered by a court. He said the complaint violates the applicable statute of limitations. He says the complaint fails to show that his client breached any lawful duty owed to the plaintiff. He also suggests a third party, to the church, is responsible for any damages. On legal grounds, he states, many of the claims made by the plaintiff ar barred because the damages were not caused by his client.

In the tenth affirmative defense, he states that "any alleged injury and damages sustained by the plaintiff were worsened by the plaintiff's failure to act to mitigate such injury and damage."

He also suggests that the plaintiff may have received settlement funds, barring any further recovery of damages.

Still hopeful that there’s a way to save Ascension Parish from closing next month, Connie Bruggman worked this week to correlate the nearly 250 affidavits from members to prepare for an appeal to the Diocese of Buffalo.

“I'm correlating all these affidavits now; they want them in chronological order, and I put them all alphabetically, thinking that will probably be the way to do it. And we have to have three copies of each, so we have, it's close to 250, so I just finally got them all copied. They have to go in with the appeal. We're hoping to have it going by Friday because it has to be within ten days that it’s filed with the diocese,” she said Monday, a day after learning about the Diocese’s decree to close Ascension on Nov. 22. “We’re hoping that our appeal will be taken and that we will be saved, is what we're hoping for. So, it's happened in other states that have had this issue, and the appeal has gone through. So we're hoping that it will show that we are willing to take care of our church and fund it, you know, use it and take care of it.”

She’s been collecting signed affidavits as part of a core group of members, Friends Ascension, working to fight the Road to Renewal plan to close and merge Ascension into Resurrection Parish. The affidavits, also called procurator mandates, are still being collected until Friday. They may be obtained at the group’s social media page. 

After a decree was read in church this past Sunday, the group posted the letter with the statement: 

“At the close of Mass today a letter was read pertaining to the future of Ascension Parish. This letter was to be made public. The feeling was one of sadness and grief that was felt throughout the church as parishioners exited. Our resolve is to not give up and an appeal will be submitted. Please continue to pray and support us as we work together to keep Ascension Parish open.”

A group from St. Brigid’s Parish in Bergen is following a similar process of appeal since that parish is also facing closure and merge with Our Lady of Mercy in Le Roy.

The Batavian contacted St. Brigid’s office in an attempt to talk to someone about that appeal effort; however, the message was conveyed to Father Scott, who returned the call.  

He emphasized that “no priest wants to do this” to a church family.

“And seeing the people that they care about hurting,” he said. “You know, it’s a very difficult process for everybody, and yet they seem to think that the Diocese is somehow enjoying this or something. They make it sound as though it’s a vicious attack against them. And while it may seem that way, no bishop or priest is interested in doing these things, it’s not something that we want.”

If the bishop does not reverse the decision to close, the parish can then file an appeal to the Vatican, he said, which is “delaying the closure, but may not save it” from eventually being closed. In fact, if the Diocese follows the process correctly, “the Vatican is going to respect the decision of the bishop to keep things closed,” he said. 

“And just because it’s appealed doesn’t mean that it’s going to work, and they’re going to keep the church open. I think that that’s something that a lot of people don’t quite understand, is you’re asking them to look at the process, and if there was a problem with the process, sure, you keep the church open, but the Diocese could reinitiate that process, correcting what they did wrong,” he said. “So it’s delaying the closure, but it may not save the church from closing eventually, I think.”

He cited the lower number of sacraments—no first communions in 2023—given at Ascension Parish or St. Brigid’s versus other more robust sites, including 25 at Resurrection in Batavia, and that 75% of St. Brigid’s congregation is an older community of age 66 and up, with no weddings since 2017. 

He said it’s not just a matter of selling the building for money or the lack of priests but also about the low number of sacraments performed at the sites chosen to be closed. The Diocese has also apparently considered getting the most bang for its buck.

“We’re supposed to be splitting expenses, and St. Brigid’s pays 18% of the secretary's salary, 18% of the bookkeeper's salary and 20% of the priest’s salary. But by rights, they should be paying 50%, but if they were paying more than 18 or 20%, they wouldn’t have enough money to pay their bills.”

Ascension has reported a healthy savings account of $1 million, and Friends of Ascension is urging parishioners to continue supporting the parish through attendance, volunteer efforts and donations. 

Despite those reasons that Father Scott cited for closure, that’s not what is on the minds and hearts of faithful Ascension members, such as former trustee Bill Brach. And he’s not giving up.

“You’ve always gotta hope,” Brach said, adding that he’s encouraged by the history of other parishes that have filed appeals from around the country, and input from the Save Our Buffalo Churches group that has been providing advice and information.

In its communication this past Sunday, the Diocese filled four pages with “the facts” about Ascension Parish being born of the journey of faith and grace on April 1, 2008, and then becoming part of Family #12 on the Road to Renewal, via the Diocese’s direction, in September 2022.

“The Road to Renewal has allowed the diocese to gain a more realistic picture of the financial and sacramental situations in its parishes. Ascension Parish has been identified as a community that could benefit from being joined by its sister community in Batavia. Additionally, due to our need to amass a substantial sum of money to settle numerous civil claims in Federal Bankruptcy Court, the possibility of alienating this property has also been suggested,” Father Michael Fisher said in the letter.

“THE ARGUMENT: The reshaping of the diocese to prepare it for more effective ministry in the future requires a certain consolidation of resources. The goal of the Road to Renewal is to reduce the strain on our already limited number of priests while at the same time uniting communities to foster a greater drive to ‘go out to all the world and preach the Gospel to all creation’ (Mk 16:15). Part of this process requires the merging of parishes and the overall reduction of physical worship sites throughout the diocese,” Fisher stated. “Looking at Ascension Parish in particular, the research and consultation done by the Office for Renewal and Development has revealed that this community would be better served by joining its resources to Resurrection Parish in an extinctive merger. 

“On 27 August 2024, the presbyteral council met at the Catholic Center of the Diocese of Buffalo. At this meeting, I consulted the council about the possibility of merging Ascension Parish into Resurrection Parish, Batavia. Rev. Zielenieski pointed out that there would likely only be three available priests (1 Diocesan and 2 Mercedarians) serving in Family #12 by 2030. Resurrection Parish was also considered to absorb the territory of other nearby parishes so as to centralize pastoral ministry and increase efforts for evangelization. This proposal received nearly unanimous support from the members of the Presbyteral Council present on 27 August. 

“Having heard the Presbyteral Council on this issue, I have chosen to merge Ascension Parish into Resurrection Parish in accord with canon 515 §2. Thus, having done the requisite consultations and having gained the required consents, I, the undersigned Most Reverend Michael W. Fisher, Bishop of Buffalo, exercising my ordinary power in virtue of canon 515 82, do hereby decree that Ascension Parish, Batavia be merged into Resurrection Parish, Batavia and Ascension to be extinct thereby.”

Resurrection Parish will be the recipient of Ascension Parish's net assets and liabilities, he said in the letter. The territorial boundaries of Resurrection Parish will include the entire city and town of Batavia east of Kelsey Road and Wortendyke Road and that part of the Township of Stafford that is north of Route 5 and west of Byron-Stafford Road.

“The intentions of the founders and donors regarding the temporal goods and patrimonial rights proper to the extinct Ascension Parish, insofar as they exist, must be respected. In addition, the temporal goods and patrimonial rights, and obligations of the extinct Resurrection Parish must be defined and allocated according to the norm of law,” he said.

Brach read and tried to decipher the letter, but he couldn’t determine exactly how the Diocese arrived at its decision.

“They didn’t come out with a real reason. It says right in Canon law you can’t close a church because of lack of clergy,” he said, also referring to the federal bankruptcy court. “Well, you know, we've got this chapter 11 bankruptcy thing going, that's like, you know, that's not my chapter 11 bankruptcy, that's your chapter 11 bankruptcy. So, yeah, they really didn't give solid reasons why they want to close the church. There’s a lot of smoke and mirrors, but there’s not a lot of substance.”

There’s a process of three different appeals that takes it from a local level to another notch up the chain of command, with the final appeal to the Vatican. 

It’s certainly worth the time and effort, he said.

“I don’t think it’s hopeless,” he said. “I think the Diocese has shown enough mismanagement that the appeal will go through.”

He cited Father Scott’s forewarning that ‘you’re going to waste your money’ by hiring an attorney to file an appeal to the Vatican when and if necessary, but Brach’s research has shown some areas of the country, such as in the Diocese of Cleveland, where almost every parish that went through an appeal process won, he said.

After the Vatican reversed the closures of 13 churches in the Diocese of Cleveland,  Bob Kloos, vice president of Endangered Catholics, characterized the reversals as "the most stunning" actions in Catholic American history,” according to an online article for Sojourners. 

"It's incredible," Kloos said. "Rome is saying to this bishop and to all the bishops: 'You can't close churches just because you don't have the money or the staff.' Budgetary constraints can't be used to suppress parishes."

That’s what Brach and Friends of Ascension are counting on. He questioned why the parish was given Nov. 22, a Friday, as the closing date. Father Scott explained that it’s the last day of the liturgical year before the first Sunday of Advent and that a new liturgical year begins. 

Given that appeals will be filed, there may be delays, but Father Scott said whenever the final service takes place, it won’t be ordinary. It will be a time of “celebration” of that particular parish's history and meaning and “emphasize the impact” it has on the community. Parish members are likely to disagree with the celebration component.

As for the property of Ascension and Sacred Heart Church, about four statues have been returned from St. Joseph’s, including the black Madonna, Bruggman said. Parish members had questioned clergy about statues having been removed during a meeting in September, and the items have since been returned.

For the full Diocese letter, go to Friends of Ascension. 

Batavia High School inducted its Hall of Fame members for 2024 at Batavia Down on Saturday evening.

Previously: Batavia Blue Devils induct 9 into Athletic Hall of Fame on October 19

Photos by Howard Owens.

Batavia First United Methodist Church hosted a Trunk or Treat on Saturday.

Photos by Howard Owens.

Mercy EMS, located on Call Parkway in Batavia, held an open house on Saturday morning.

Photos by Howard Owens

On Friday evening, Whole Life Fitness on East Main Street in Batavia, hosted its first-ever Zombie 5K.

Photos by Howard Owens