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Alleged fugitive from Georgia arrested at Cedar Street residence

By Howard B. Owens

A man allegedly wanted in Georgia on felony warrants was found in a Cedar Street home by local law enforcement around 5:30 p.m., Saturday.

Batavia's ERT members, along with members of the Drug Enforcement Task Force and Batavia Police officers and Sheriff's deputies where called in to help take David L. Hendrix, 29, into custody.

Hendrix, aka David Young, was arrested at 3 Cedar St., Batavia, where he was apparently staying.

He is allegedly wanted in Georgia for robbery, assault and a parole violation.

Following arraignment in City Court, Hendrix was jailed without bail.

A witness informed The Batavian that police had Cedar Street closed in both directions during the activity.


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Local Churches Bring Peace To State Street

By Robin Walters

This past week we have all read about the beatings and the other issues going on in the State Street neighborhood. This Saturday morning a diffferent story was to be found.

St. Paul Lutheran Church and Northgate Free Methodist Church came out and partnered with Care-A-Van Ministries to bring peace and joy to the neighborhood.

St Paul provided a delicious breakfast casserole for the folks, while the MOPS (Mother of Pre-Schoolers) Tuesday evening group provided games and activities for the children. 41 families with 120 family members received groceries from Care-A-Van this morning.

Care-A-Van Ministries visits this neighborhood the fourth Saturday of the month. St. Paul partners every time with the ministry on the monthly outings. St Paul Lutheran will be also be holding a neighborhood picnic in the parking lot this coming Wednesday evening as well.

Care-A-Van would like to thank these two churches and their volunteers for coming out and making a difference. There are many volunteers from different churches that are coming out now and volunteering for the weekly cookouts, street church, grocery distribution and morning ministry. If  you or  your church would like to get on board with blessing the community, you can call 343-0328.

Pastor Werk from St. Paul Lutheran and his little new friend

Jessica Beal from Northgate Mops reads a book to a little one

Deb Porter and Michelle Taylor from St Paul Lutheran get ready to serve breakfast

Kids enjoy games provided by Northgate Mops group

Photos: Vintage snowmobiles at fairgrounds

By Howard B. Owens

The Don Cummings Memorial Antique and Vintage Snowmobile Show was at the Batavia fairgrounds  this year because it's outgrown its former location in Alexander. Proceeds benefited Mercy Flight.

More photos after the jump:

 

Photos: Horse show at Batavia Downs

By Howard B. Owens

There's a horse show going on at Batavia Downs. Riders from all over the northeast are in Batavia to test their skills and display their handsome mounts. If you've missed it, the show continues Sunday at 7:30 a.m. until 5 p.m.

More photos after the jump:

 

 

 

Librarian and St. Joe's teacher team up to make library more fun

By Daniel Crofts



Mrs. Caprio's sixth-grade class from St. Joseph's Elementary School poses for a picture at the Richmond Memorial Library -- with Teen Services Librarian Paula Haven hiding out in the back (far left).

Richmond and St. Joe's partnership started several years ago with Library Director Diana Wyrwa's visit to the school, where she spoke to the faculty about library services and extended an invitation to all grades.

"The library is such a treasure," Caprio said. "And it's right by our school, so why not take advantage of it? It's especially helpful as a supplement to (St. Joe's) library, which is kind of small."

St. Joe's 6th-graders started to visit the library last year under the supervision of Nicole Tamfer. That group was, in Haven's words, "very independent." They only came every other week or so, then mainly just to look for books.

Wanting to see the sixth-grade library experience continue, Caprio contacted Haven about bringing her class over on a weekly basis for an ongoing library orientation program.

Last September, this program was pretty much the same as its predecessor: the kids came to familiarize themselves with where different types of books were and…well, to look for books. Caprio and Haven quickly learned that if this was going to succeed on a weekly basis, certain changes were going to have to be made.

"We found that even at this age, young people need more structure," Caprio said.

This is where Haven had to put on her thinking cap. Capitalizing on her field of expertise, she started them off with library skills -- but with a little twist.

"I would go through the Teen Corner shelves and take books out of place," Haven said, "and then ask the students to spot them and put them back where they belong."

Moving away from the shelves to the Teen Corner tables, the group then started doing Reader's Theatre, which helped establish familiarity between "Miss Paula" (as the kids call her) and her new once-a-week class.

Reader's Theatre was followed up with genre studies, where the kids learned about the different types of fiction and then tried their hands at writing their own stories within each genre. From there, they have since graduated to creating their own graphic novels, which they spent Friday's session illustrating.

That, in a nutshell, is the history of the Haven/Caprio brainchild thus far. With roots in Wyrwa’s efforts to bring students to the library, it has taken on a life of its own and evolved accordingly. Haven and Caprio plan on continuing the program next year and building on what they’ve already done.

So what did everybody get out of this thing?

The planning and instruction involved in the program have taught Haven a lot about what teachers do on a daily basis.

"I've really gotten to experience firsthand the challenge of keeping the students focused," she said. "We’re talking about a situation where you only have a half hour, and you really have to keep things interesting for them."

Having never taught before, Haven found this to be as much of a learning experience for her as for the students. She attributes her overall success to the support she received from Caprio – who gave her complete freedom when it came to program planning but remained on hand to help her when necessary – and to the cooperativeness and enthusiasm of the kids.

“They’ve done very well this year,” Haven said. “They’ve participated with enthusiasm, they’ve been pleasant, and you can see them put effort into their work. They surprised me every week by their openness and enthusiasm.”

One thing that Haven and Caprio both agree on is that it’s nice to see these young people experience the library as an enjoyable place to be.

“I love seeing video-age teens connect to the library. I like that you can start with their interests (many students incorporated popular culture references like Michael Jackson and McDonald’s into their fictional works) and then help them segue into being lifelong readers.”

Caprio’s class members were asked to share their thoughts/feelings about the program via written responses. They submitted the following comments to The Batavian:

Alex R.

"I like when we got to write our own paragraph/story. I didn't know a book goes backwards (referring to anime graphic novels, which are formatted according to the Japanese style of writing back-to-front)."

Anonymous #1

"I like how we got to read short stories about different genres and learn about them. Also I like how we got to write our own paragraphs on the genre we were learning about. I would recommend it for other classes because it is a great chance to learn about how different books are made. I think Miss Paula is a very good teacher and is very open about a lot of things. Also Miss Paula is very nice."

James F.

"I had a really good time doing all the great activities. I look forward to it every week and it really brightens up my day. I would definitely recommend this program to other classes. It was very enjoyable. It has also really helped me on essays. I have learned how to improve my sentence fluency and raised my grades, too! Miss Paula was very nice. She was always in a good mood! She was patient and helped us when we were stuck."

Anonymous #2

"I would definitely recommend the program to other classes because going to the library is fun. It gives you a break from school as well as having some educational values. We've recently been learning about different genres of books. Some include: horror, fairy tale, and science fiction. Everyone is nice to you at the library including Miss Paula. Everyone really enjoys the library!"

C.J. S.

"I like making our own cartoons."

Anthony H.

"The experience was fun because we were able to write our own stories and learned a new story genre each week. I found out also that graphic novels can start from the back of the book so there was a bit of education."

Emily F.

"I liked the library program. I didn't know that much about genres, but now I know a lot about them. I thought we would just look at books, but we actually learn a lot. I have learned that graphic novels start from the back. But now we are drawing our own graphic novels, it is cool! Miss Paula is very nice and patient. She lets us do fun stuff. I do recommend this program to other classes. I know they will have a load of fun!"

Peter D.

"We talk a lot about different elements of reading like horror and comedy."

Nichol S.

"One thing I liked about this is making up our own stories. For example, when we learned about science fiction, we had to write our own science fiction story. I would recommend this to other schools because it helps students tell what type of genre a story is. Miss Paula is open and explains things pretty well."

Anonymous #3

"What I like is that we read a story and talk about the elements. (When asked if the class had any educational value): I can express myself from time to time."

Anthony G.

"I like going to the library. Miss Paula is cool. She knows where the books are when I ask. I like (the program) and I want to keep going."

Tyler H.

"At first I thought that we would just be looking at books. Then I found out that we would be learning a lot about literature. I liked that a lot. I would recommend it to other classes because kids can learn more about literature than they do in English class. I learned more about books every week. Also, I got to learn more kinds (a.k.a. genres) of books. Miss Paula let us talk freely. She was a good teacher."

Peter K.

"I liked making our own stories."

Jacob H.

"I liked learning about how the story originated and writing our own stories. I would recommend it to future kids because it will help them learn about stories. Miss Paula is a nice librarian."

Jessica

"I think Ms. Paula is very nice and knows what we need to learn/should know. She has a lot of interesting topics. I would recommend it for other classes because it is fun and you learn at the same time."

Anonymous #4

"I enjoyed going to the library every week and learning about the different genres. Miss Paula was very nice and always had something ready for us to learn about."

Grant B. (a.k.a. "That Kid")

"It's fun when we write our own stories. We get to express ourselves. All kids would probably like it. It had a little educational value because we learned all the different parts of a book/story."

Joseph S.

"I liked the fact that we were able to look for books at the beginning."

Shea N.

"I think that the best part of this is drawing cartoons! Miss Paula was verry nice!!! Would I recommend (the program)? Well, yes! P.S. – I love The Batavian!”

(I promise I did not make that last part up).

All Babies Cherished sponsors 2K walk in Batavia

By Daniel Crofts

All Babies Cherished Pregnancy Assistance Center will host its "Let There be Life" walk beginning at 9 a.m. on Saturday, June 5. Walkers will recruit sponsors and walk two miles to raise money for the pro-life cause.

The walk will start at St. Paul Lutheran Church, at 31 Washington Ave., in Batavia. Anyone who would like to get involved but cannot participate on the day of the walk may walk two miles in their own neighborhood and then mail sponsor forms to: All Babies Cherished, 445 Ellicott St., Batavia, NY 14020.

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All Babies Cherished sponsors 2K walk in Batavia

By Daniel Crofts

All Babies Cherished Pregnancy Assistance Center will host its "Let There be Life" walk beginning at 9 a.m. on Saturday, June 5. Walkers will recruit sponsors and walk two miles to raise money for the pro-life cause.

The walk starts at St. Paul Lutheran Church, at 31 Washington Ave., in Batavia. Anyone who would like to get involved but cannot participate on the day of the walk may walk two miles in their own neighborhood and then mail sponsor forms to: All Babies Cherished, 445 Ellicott St., Batavia, NY 14020.

For more information, contact All Babies Cherished at 344-5660 during its regular hours:

  • 10 a.m. to 1 p.m., Monday and Wednesday
  • 10 a.m. to 1 p.m. and 6 to 8 p.m., Tuesday
  • 6 p.m. to 8 p.m., Thursday

Jamming on the Streets

By Robin Walters

 

The Care-A-Van Band has been busy already this season. The band goes out to the streets every Thursday evening for the weekly cook-outs with the ministry. The band is made up of community members who have a heart to share their musical talents with others. The band is also receiving invitations to perform at other venues.

Care-A-Van Ministries received a huge blessing this week from Rose at Roxy's Music Store here in Batavia. The band was in need of speakers.When the ministry went to Roxy's to purchase speakers, Rose donated two Peavy 15" speakers with horns!

Thank you Rose and to everyone who continues to support the ministry and helps be a blessing to others. Be sure to stop by one of the cookouts and enjoy "jamming" with the band!

Arson suspect given resources to mount possible defense

By Howard B. Owens

A Rochester man accused of purposely setting a fire in order to kill his ex-girlfriend's father could have some of the DNA evidence reportedly being used against him re-examined by an out-of-state forensic lab, Judge Robert C. Noonan ruled today.

Andre L. Scott, 30, of 2323 Spencerport Road, Rochester, is in Genesee County Jail on high bail while his attorney Thomas Burns prepares for a trial on attempted murder, burglary and arson charges filed against Scott.

Scott is a accused of purposefully setting a fire at 12 Elm St. on Jan. 24, 2009. He was arrested in August.

Because Scott cannot afford an attorney, Burns is his appointed counsel. The DNA testing, private investigator and  expert witnesses Burns might call are being paid for by the county.

One glitch in getting new DNA tests is that there may not be enough of sample left from the original evidence to properly test it. Burns is researching that matter.

The samples come from a Clorox bleach bottle found at the scene of the fire and a book of matches.

Noonan noted that the DNA tests could cost a substantial amount of money, but given the seriousness of the case, he was mindful of "the importance of sufficient preparation for the defendant to be ready for trial."

The expense could including bringing in a forensic expert to testify about the findings from the lab in Massachusetts.

The private investigator will not be a significant expense, Burns said.

Scott has until June 30 to accept a plea bargain, or go to trial on Aug. 23.

Tom Rivers reads "Farm Hands" book at GoArt!

By Daniel Crofts

Tom Rivers, an author and longtime staff writer for the Batavia Daily News, will give a reading and presentation of his recently published book, "Farm Hands: Hard work and hard lessons from Western New York fields." A Q&A session will follow.

It will take place at GoArt!'s Seymour Place, at 201 E. Main St. in Batavia, from 7 until 8 p.m. on Wednesday, May 26.

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Batavia police continuing investigation into baseball-bat attack on State Street

By Howard B. Owens

Batavia Police detective Todd Crossett is conducting interviews today, trying to determine who was involved in an aggressive attack on at least two people at 112 State St. last night.

One person was hospitalized with "significant" but non-life-threatening injuries, Crossett said. Another person was transported to the hospital for evaluation.

From five to six people entered 112 State St. with baseball bats, Crossett said, and the attack may be related to a fight -- possible retaliation -- the night before.

No arrests have been made.

The incident does not appear to be gang related, Crossett said.

Batavia detectives do not believe there is actual gang activity in the city. Any individuals in the city who appear to gang members -- from the colors they're wearing or sports paraphernalia they're wearing -- seem to be people from larger cities visiting friends and relatives in Batavia, but do not appear to be here to establish operations.

Comptroller expresses concern about financial stability of OTBs

By Howard B. Owens

In an audit of New York's five regional off-track betting operations, Comptroller Thomas DiNapoli warned that OTB wagering has dropped precipitously over the past five years, threatening the viability of the OTBs.

Western OTB comes off a little better in DiNapoli's audit, primarily because the gains in video slot operations are more than offsetting the declines in horse wagering (full Western OTB report (pdf)).

Western OTB Corporate and Branch Operations has experienced a 10-percent ($15.6 million) decline in net handle (total amount bet) over the past five years. And through May 2009, its net handle was down over $5 million compared to the same time the previous year. In addition, live racing and inter-track wagering at Batavia Downs were down 7.6 percent in 2008 from the prior year and have decreased 25 percent since 2005.

However, the corporation’s new video-gaming facility has generated additional revenue for the OTB. As a result, operating revenues increased to more than $21 million in 2008 compared to nearly $17.6 million in 2004, a 19-percent hike. These increases have significantly affected revenue distributions to local governments, which have grown from almost $3.9 million in 2004 to more than $4.9 million in 2008.

In the report on Western OTB, DiNapoli expresses concern that VTL gaming could level off or decline, depending on the economy or changing competitive issues.

The Buffalo News received a written response from OTB President Martin Basinait, who said WOTB is "somewhat more optimistic."

But he said a number of changes can be made in state law to make the OTBs more competitive, such as changing the formula by which revenues are shared with tracks.

Basinait noted other past warnings from the state comptroller's office, including a 2005 report that found the OTB did not properly plan for the possibility of failure of Batavia Downs and the casino. He said the success of the casino has shown it was "not due to happenstance."

Basinait said DiNapoli's red flags about the future economic health of the OTB's casino are "unwarranted."

Ramble Jamble at T.F. Brown's Saturday, June 26th to Benefit the Mental Health Association

By Tami Underhill

Saturday, June 26th

***Proceeds to benefit Mental Health Association in Genesee County.

For more info, contact (585) 344-2611.

 

TF Browns 214 East Main Street

Chinese Auction

Doors open at 12noon ~Drawings start at 9:30pm

Stop by TF Browns anytime after noon on Saturday to put your tickets in!

(**Winner need not be present**)

& Live Music

The OHMS Band

Monster Johnson Band

Blues Way Jam

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A Sunny Day, a Fishing Rod, and Hungry Fish!

By Susan Brownell

I have only fished a couple of times this year, so I took the opportunity to go out today and see what I could catch.  I went to Godfrey's Pond and rented a rowboat for 2 hours, and then fished from shore for about another hour.

After 10 largemouth bass... I told myself that once I reached an even dozen, that I'd go home.  And let me tell you...  they were still biting when I left. 

You say LEAVE???  When the fish are biting??   Are you nuts?!

Well...  I had to work this afternoon.  I had just enough time to post some pictures online, take a shower and eat lunch before I had to go to work.

Up until last year, I fished a lot!  But in January 2009, I was dealing with a herniated disk in my neck and I could not fish.  I had surgery for it that April, but my fishing was limited.  This was the first time that I have rowed a boat since 2008.  I am paying for it a little tonight.  But it was worth it!

These are pictures of my first three catches.  ( I stopped taking pictures after three!) The first two were very respectable fish!  And well, actually, most of them that I caught today were good!

Here was my first one!  Very nice Bass!  They look to be healthy!

This is the second one.  I took 2 pictures of it. The other picture is of it in the water.

 And the third one.  It may not be a monster, but I love this picture!

Attack on State Street by five people with baseball bats and pipes reported

By Howard B. Owens

Law enforcement is responding to 112 State St., where reportedly five individuals with baseball bats and pipes entered the residence.

At least one person is on the floor requiring medical assistance.

The people with baseball bats and pipes may still be in the area.

One person was struck with a pipe and another person is having a seizure.

Mercy EMS is being dispatched, but the scene is not yet secure.

Now, they're reporting the victims are at 5 Lewis Place.

A third victim is now reported on Hutchins Place.


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Scott Doll convicted of murder, but appeal planned

By Howard B. Owens

BATAVIA, NY -- Following a conviction for murder, 2nd, by a jury of 12 honest Genesee County residents today, Corfu resident Scott Franklin Doll, 48, is facing a possible state prison sentence of at least 15 years to life for beating to death Joseph Benaquist, 66, on Feb. 16, 2009.

"How do you find the defendant, Scott F. Doll, charged with murder in the second degree, guilty or not guilty?" a court clerk asked the woman appointed as jury foreperson. The woman answered "Guilty," and people on both sides of the aisle in the courtroom let out  gasps.

At least two women sitting on the defense side began to cry and sob immediately, with at least one person rushing from the courtroom in tears.

Judge Robert C. Noonan set July 2 as the sentencing date and Doll, who came to court in a pressed blue suit, stood motionless as the verdict was declared. He displayed no emotion as he was escorted from the courtroom by deputies to a holding cell in the courthouse.

His attorney, Paul Cambria, met with him privately for about 20 minutes after the verdict and said later that Doll's first words were, “I’m an innocent man and I’ve just been convicted of a crime."

Cambria said there will definitely be an appeal.

"We have a very strong issue on appeal that we intend to pursue," Cambria said. "I’m going to look forward to this conviction being reversed and for us to retry this case at another time."

Cambria's main point of appeal, he said, is the continued questioning by investigators after Doll repeatedly asked to speak to an attorney.

"New York State has the strongest right-to-counsel law probably of all 50 states," Cambria said. 

Doll asked for an attorney very soon after being confronted by Sheriff's Deputies on North Lake Road on Feb. 16. 

In pre-trial motions, District Attorney Lawrence Friedman argued that under what is known as the "emergency doctrine" -- when investigators believe they must get information from a person in order to save a life -- they can continue to question a suspect who has asked for an attorney.

Cambria will likely challenge the use of statements by Doll against him at trial, especially, perhaps, those made after Benaquist's body was found and the emergency doctrine might no longer at issue.

Both Friedman and Sheriff Gary Maha were clearly pleased with the outcome, stating that the right verdict was reached.

"We just hoped the jury would see the truth and see past the defense that was raised," Friedman said. "We are very pleased with the outcome."

Maha said there was never any doubt in his mind that Doll was the killer.

"He lied from the beginning," Maha said. "There was no way he was telling the truth in his testimony. Based on what I saw at the scene, the amount of blood, there is no way he could explain that without being involved."

Maha characterized Cambria's closing argument as fabrications and speculation.

"There is no evidence there at all," Maha said. "I think the jury saw through that and concentrated on the evidence and came out with the right verdict."

Friedman, in his closing argument, called Cambria's defense theories, "speculation." Cambria said after the verdict today that he found Friedman's characterization ironic.

"They (the prosecution) do that all the time (claim "speculation")," Cambria said. "That’s a standard argument that is made. It’s interesting that when that argument was made, the District Attorney then went into all of these various scenarios that no one testified about and we thought, ‘Where’s the speculation coming from?’ Talking about people under cars and the jacks and there wasn’t any of that  evidence in the case."

What the case came down to, Friedman said, was Doll's motivation kill Joseph Benaquist.

"As I said in my opening and my closing, it was all about cars and money," Friedman said. "I still believe that’s the case. Whether this was a premeditated murder for those reasons or whether there was an argument that led to this happening, I firmly believe that’s what it was about."

Even though he isn't happy with the verdict, Cambria -- who has had an unshakable faith in Doll's innocence for 15 months -- said he still believes in the system.

"I have never criticized the system," Cambria said. "I believe in the system. I obviously think the verdict was the wrong one. I can’t recall a case that I’ve had that had as many reasonable doubts as this case had."

Joe Benaquist's stepsons, John and Josh Garcia, said they felt it was nice to see the system work.

"It doesn't bring our dad back," John said, "but it does bring a little closure."

Joe's girlfriend, Judy Scott, said, "My heart goes out to Scott's family. They don't deserve this. They seem like a good family."

She declined further comment.

Friedman credited volunteer firefighter James Waff with making the key difference in the case.

"Right from the start of this case, having a citizen call in a suspicious person walking down the road and doing the right thing  -- look what it led to," Friedman said. "I’m not sure how this case would have turned out if that person had not made that phone call to the Sheriff’s department."

Photos: Top, Lawrence Friedman; first inset, Sheriff Gary Maha; second inset, Paul Cambria; Bottom, Cambria and Daniel Killelea exit the Genesee County Courtroom to meet with the media.

Scott Doll murder trial verdict: Guilty

By Howard B. Owens

BATAVIA, NY -- A jury of 12 Genesee County residents has found Scott F. Doll guilty of murder, 2nd.

The jury began deliberations around 2 p.m., Wednesday and took a recess at 5 p.m. The jury returned to deliberations at 9 a.m. and notified Judge Robert C. Noonan that it reached a verdict just before 4 p.m.

MORE TK

Winners of GCASA poster contest

By Howard B. Owens

Submitted by Laura Russell Ricci:

On Tuesday, May 18th, 2010 GCASA honored winners from schools throughout Genesee County at our Annual Poster Contest. Pictured are our winners: Caitlin Napper, Aidan Berne, Aiden Sisson, Gemma Bochicchio, Stephanie Hoy,  Jacob Cryer, Laura Winspear, Austin Hynes-Fisher, Michael Shepard and Grand  Prize winner Sarah Scott. Our other winners not pictured are Nathan Moore and  Olivia Marchese. Congratulations to all of the students!

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