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At about 10 a.m., the snow was coming down pretty heavy in the Village of Oakfield.

A short, but heavy snow storm is expected this morning, with visibility reduced to a quarter mile or less.

As much as an inch to an inch-and-a-half of snow fall per hour is possible. A total of three inches of snow is possible.

Strong winds will create blowing snow, contributing to the low visibility.

Colder temperatures, in the single digits, will follow the snowstorm, and combined with winds, will create a dangerously low wind-chill factor. The temperature could be as low as 20 degrees below zero.

Should extinct animals be brought back to life?

New York Times: The Mammoth Cometh

A trial date has been set for Craig Malcolm Lawson, the 34-year-old Canadian citizen accused of throwing a single punch following a Kid Rock concert at Darien Lake and seriously injuring a former WNY man.

Jury selection is set to begin at 10 a.m., June 23 for an anticipated four-day trial.

Lawson is accused of punching Jason McNeil, of Tuscaloosa, Ala. McNeil reportedly hit his head on the pavement. He was in a coma following the incident and sources say he will never fully recover.

He is charged with assault in the second degree.

It remains possible Lawson will accept a plea offer. He has until April 24 to decide, Judge Robert C. Noonan said.

Lawson did not appear in court today and the last time he appeared -- for an evidence hearing -- he was 45 minutes late.

Noonan asked his attorney today why Lawson had a hard time crossing the border that day and the attorney said INS agents would not initially let him cross because of the pending felony charge. The attorney said he will provide his client with a letter to present at the border before his April 24 appearance.

It may not have gone off without a hitch -- some users had a learning curve -- but the new emergency communication system in Genesee County is fully functional.

There were rumors of technical problems with the new system, including problems with the Pavilion tower, but trusted sources along with Sheriff Gary Maha said the Harris system has performed as it should since the switch over shortly after 7 a.m.

The $10.8 million system -- paid for largely with federal grants and a local bond -- is technically identical to the communication system all police and fire units across the United States are converting to, which will help improve inter-agency communications in regional and national emergencies.

"We've been using the system all day and handled a number of calls -- accidents, shoplifters, calls for service -- and so far so good," Maha said. "It's gone as smooth as could be expected."

Owners of the new Uniden P-25-compatiable scanners locally are reporting spotty success in picking up fire and police transmission. The scanners do work, but reception is not always reliable.

Here at The Batavian, we don't have our new scanner fully programmed yet, so can't report on how it's working out for us.

The Sheriff's Office also switched to a new digital phone system. That transition didn't go as smoothly, Maha admitted, but the phones appear to be working properly now.

County Highway Superintendent Tim Hens is about to fill a role occupied by two of his predecessors -- NYS County Highway Superintendents Association.

What's unique, perhaps, is that Laura Mullen, a principle financial clerk with the highway department since 1957, has work for both of the previous presidents from Genesee County.

That would be Joe Amedick, who served in 1987 and Bob Carrier, who served in 1959.

Now part-time, Hens finds Mullen indispensable.

"She knows where thr vendor files are from ions ago," Hens said. "She knows where bridge files are, road files are. Any bit of information I need, she knows exactly what box it is in in the storeroom."

When Hens started his job 16 years ago, there were no computers. He said he couldn't work like that, so his computer was the first in the department. 

Mullen, already with more than 30 years on the job, jumped right in with automation and took classes at Genesee Community College on her own time, at her own expense, to learn Microsoft Office.

Hens said Mullen will fill in wherever she's needed.

He has his own kind of seniority going. At 16 years on the job, he's the fourth or fifth most senior county highway superintendent among the 57 counties in the state.

The association, he said, serves an important role in helping the state's highway departments and public works departments share information and best practices as well as lobbying Albany to maintain funding for roads and bridges.

If a member has a question, they jump online, ask it, and might get 30 answers.

"You learn something from other counties or something that somebody has already done and that saves you a lot of time and a lot of hassle," Hens said.

Earl Sprague

There will not be a second trial for convicted child molester Earl Sprague, who has already been sentenced following his first trial to 21 years in prison.

District Attorney Lawrence Friedman made a motion this morning, which was granted by County Court Judge Robert Noonan, to dismiss the remaining charges against Sprague.

The 42-year-old Sprague was facing a possible trial on eight felony counts, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

Friedman said he could not discuss the reason for the motion to drop the charges.

"We made a determination we couldn't really proceed with the remaining charges," Friedman said. "That's all I can really say."

The former Alabama resident was convicted by a jury on 28 counts of sexual abuse.

Memo to Brian Miller, head coach of the Geneva Panthers: If you want to beat Batavia in Sunday's Section V Class A2 Finals, you better figure out how to stop Justice Fagan and Jeff Redband.

Good luck with that.

Teams have been trying all year and stopping the Blue Devil's two standouts just gets harder and harder.

The Newark Reds tried Tuesday night at the Blue Cross Arena in Rochester and found themselves on the losing end of Fagan's biggest game of the year.

The senior captain scored 28 points as the Blue Devils punched their ticket for the finals with a 45-41 win over the #2 seed.

And by all accounts, Redband had an off night, with defenders constantly in his face, but he still managed 15 points.

"That's been happening all year (tight defensive coverage)," Redband said. "I didn't do the best with it this game. We had plays to get me the ball, I just wasn't making shots. I'll make them other games. We rode Justice because he was having the greatest game of his season tonight."

Fagan just took the game over in the closing minutes and with under two minutes left, the Blue Devils grabbed the lead and the Reds' fate seemed sealed.

As important as Fagan's big game was, it was really Batavia's defense that secured the victory.

Head Coach Buddy Brasky teaches his players, hold the opponent to less than 52 points and you will always have a chance to win.

The Blue Devils opened sectional play with a 56-37 win over Honeoye Falls-Lima three days ago, and against a Reds team that has put at least 60 points on the board nine times this season, Batavia pinned Newark down at only 41, holding them to 13 in the second half.

Brasky's team switched to a 3-2 zone defense and the Reds never got a handle on how to penetrate it.

"We've hardly played a 3-2 all year," Brasky said. "They (the Blue Devils) just picked it up on the fly and executed it well."

With the Reds left with few inside scoring opportunities, it also meant there were fewer opportunities for Batavia to draw fouls.

In the closing minute and a half, Batavia was shooting bonus free throws and had only committed four second-half fouls themselves. 

"We went to the zone and they didn't attacked it," Brasky said. "There was a lot of pass on the perimeter. They stopped going to the basket, so there wasn't a lot of opportunity for us to foul. They took a lot of outside shots. That's what the zone forced them to do. Justice started attacking. Jeff started attacking. We were going to the basket where they stopped going to the basket. That's the foul differential right there."

Redband went to the line twice and hit all four shots, while neither late-game foul by Batavia resulted in free throws for the Reds and Fagan made a crucial free throw to take away any hope of a three-pointer to tie the game.

"Jeff and Justice are 70-, 80-percent foul shooters," Brasky said. "They come to the school every morning before class and shoot 50 free throws. Every morning. When we've got them at the foul line at the end of games, I'm very confident."

The foul differential was a huge strategic advantage, especially when Batavia could afford another foul with 4.5 seconds left. In that situation, a quick three-pointer would have given Newark a slim hope for a steal and another score. Instead, two seconds were lost and Newark had to inbound the ball again. A desperation three missed the basket wide and short by three feet and went out of bounds with 0.8 seconds left. A simple Batavia inbound and the game was over.

Brasky said Fagan's confidence has been soaring since a big game against Lockport on Senior Night, and Tuesday night, he just took the team on his back and carried it to victory.

Fagan said that's his job.

"I'm the senior captain," Fagan said. "I didn't want this to be my last game of the year, or ever, actually. I just wanted to win this game. I kind of figured I needed to take over a little bit through the game because we were struggling a little bit offensively. Somebody's got to take over."

The only other Blue Devil to score against the Reds (who don't wear red, but maroon) was Jerret Lasket, who had two points.

A low-scoring affair is exactly the kind of game the Blue Devils like to play -- battle for 30 minutes and close it out at the end.

"In our games, we never do get down by a lot, usually, because we play good defense," Brasky said. "We've been in close games all year, so they have confidence in close games."

For Newark, Jaymee Rosser had 17 points. Tyler Collins, an outside shooting threat, tried, but was 1-6 from beyond the arc and was held to 10 points. Rosser was the top rebounder for the game with nine.

For Redband, Tuesday's visit to Blue Cross was his first since a season ago when he sent his team to the State's Final Four with a three-point buzzer beater.

The junior guard walked out to the same spot during warm ups and admitted taking a moment to reflect on the shot and later hit a practice shot from the same spot. He said he likes playing in the big gym.

"I'm comfortable playing here," Redband said. "With a lot of the new people, I just said it's a normal game. It doesn't matter that it's in this big stadium. You've just got to play basketball."

He also wasn't surprised his team is about to play for the Class A2 championship. The Blue Devils are where they're supposed to be.

"We've beat good teams all year so we knew all year we could be right here at sectionals in the finals," Redband said.

Game time Sunday at Blue Cross is 5 p.m.

To purchase prints, click here.

Should opening day of the baseball season be a national holiday?

Washington Post: Opening Day Day: Does the return of baseball deserve its own holiday?

Kevin O'Connell Samantha L. Hicks

Two Batavia residents are accused of being drug dealers after Sheriff's investigator went to their house on an unrelated matter and allegedly spotted controlled substances in plain view inside their South Main Street residence.

A search warrant was secured and investigators claim they seized crack cocaine, heroin, marijuana, hydrocodone pills, clonazapam pills, detroamphetamine pills and a hydromorphone pill.

Arrested were Kevin J. O'Connell Jr., 33, and Samantha L. Hicks, 26.

The investigator went to their South Main Street residence to speak with a person who reported a burglary.

After spotting what he believed to be narcotics, the location was secured and the Local Drug Enforcement Task Force was called in along with uniformed deputies and K-9 Destro.

O'Connell and Hicks are both charged with criminal possession of a controlled substance, 3rd, a Class B felony that indicates investigators believe they had enough narcotics that they were selling the drugs.

O'Connell is also charged with criminal possession of a controlled substance, 4th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th.

Besides the three counts of criminal possession, 3rd, Hicks is charged with criminal possession of a controlled substance, 5th, and three counts of criminal possession of a controlled substance, 7th. She is also charged with criminal possession of marijuana, 4th.

O'Connell was jailed without bail and bail was set at $10,000 for Hicks.

Michelle D. Kantz, 43, of Edwards Street, Batavia, is charged with third-degree welfare fraud. Kantz was arrested following an investigation by Batavia PD. No further details released.

Zachary W. Burke, 21, of Alexander, is charged with leaving the scene of a property damage accident and unreasonable speed. Burke was arrested by State Police following an investigation ito an accident at the intersection of Maxon Road and Route 354, Bennington.

David V. Tubbe, 50, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Tubbe was stopped by State Police on Saturday on Route 20 in Darien. Tubbe allegedly had a BAC of .10.

Terry J. Toote, 36, of Lewis Place, Batavia, is charged with harassment, 2nd. Toote allegedly threatened physical harm to another person while in the presence of a police officer.

Joey Robert Tatro, 19, of Main Street, Attica, is charged with criminal mischief and harassment, 2nd. Tatro is accused of striking another person and damaging a vehicle during an incident reported at 5 a.m. Sunday on Clinton Street, Batavia.

Via WBTA:

City of Batavia Firefighter Charles Hammon was named the 2013-2014 City of Batavia Employee of the year.

Hammon was honored by the city council for his management of the child safety seat program conducted by members of the fire department at various times throughout the year.

Hammon received the proclamation from Ward 5 Councilwoman Kathleen Briggs.

Story via WBTA:

Only one person spoke in opposition Monday night to the proposed 2014-2015 City of Batavia budget. The $24 million financial plan is scheduled for a vote on March 10.

John Roach of Batavia questioned the need for an assistant city manager, a position eliminated several years ago by City Manager Jason Molino in a budget-cutting move. Molino now wants the post filled at an annual salary of between $64,000 and $78,000 plus benefits.

Ward Six Councilwoman Rosemary Christian asked if there would be “another opportunity” to discuss the budget prior to a vote. She was told by Molino that comments could be made prior to the vote on March 10.

Christian said she had “a very important matter” to discuss concerning the budget but she declined to elaborate.

No one spoke during a second public hearing Monday night on a proposed increase in water rates. The proposed rate per 1,000 gallons of water will go up by 9 cents to $4.62. Molino estimated the water increase would cost the average homeowner another $10 per year.

While the budget is scheduled to be voted upon at the next council business meeting on March 10 there would still be an opportunity to vote on the budget during the March 24 meeting. The budget must, by law, be adopted by March 31.

Should parents be allowed to have genetically modified babies?

New York Times: Genetically Modified Babies

The person in the surveillance photos to the right is wanted for questioning in connection with a robbery of a bank in Batavia today.

Batavia PD believes the woman is the suspect who robbed the Five Star branch at 567 E. Main St. at 2:11 p.m.

The perpetrator presented a note that claimed she had a gun and demanded money and left on foot with an undetermined amount of cash. She did not display a gun.

She is described as a female, mid-20s, 5'7" to 5'8" and slim build.

Tellers said the woman had a large, bright pink butterfly tattoo on the left side of her neck.

Tips and information can be provided to Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Should the U.S. Army be reduced to a pre-WWII size?

New York Times: Pentagon Plans to Shrink Army to Pre-World War II Level

All of the most important legislative accomplishments of the past 20 years -- the period Mary Pat Hancock served the 4th District -- are of "a piece," Hancock says.

In that time the Legislature paved the way for countywide water, created a comprehensive plan, a smart-growth plan, instituted farmland protection measures, turned the Industrial Development Agency into the Genesee County Economic Development Center and set the county on a path toward greater prosperity and stability.

None of those initiatives can really be considered separately from the others, Hancock said.

"You weave a fabric," Hancock said. "The different kind of things that go in and out and then you have a piece. But without that one strand or without those different threads, it just doesn't make anything. It falls apart."

Hancock was skeptical about running for the Legislature in 1992 when friends first approached her to fill the vacancy left by Steve Hawley's departure for the state Assembly.

She wasn't sure if she would have the time and if she was up to the task, but they persuaded, noting her with her school board experience, her study of governmental administration (school administration, specifically) and the fact that she would need to attend only one meeting a week. So she decided to give it a try.

It turned out she had to beat a primary challenger, and her election led to 20 years serving the people of Genesee County, the last decade as chairwoman of the Legislature.

All that service -- service that stretches back in Genesee County more than a decade prior to her election to the Legislature -- is why the Chamber of Commerce selected her to receive the Wolcott “Jay” Humphrey III Excellence in Community Leadership Award.

Hancock said she is humbled by the award because she knew Humphrey and how dedicated he was to Genesee County and how enthusiastic he was about improving the quality of life locally.

"When we were looking for somebody to be in charge of the IDA, he just found that task so important. I was one of the people on the committee to select the person and he came to me about it and I said we we were doing our best, and he said, 'no you don't understand.' "

Later, Hancock was on one of the annual agricultural tours, but she had taken her own car because she had to leave early. As she was leaving, Humphrey jumped into the passenger seat of the car and asked how the search was going for a new head of the IDA, what would become the GCEDC.

"He said, 'you're not taking this seriously enough,' He said, 'this is so important.' Then he gave me this whole thing about how it could impact our county and how we could have all of these industrial parks. He had it all right there in his mind and I thought, 'Oh, my, I hope I don't screw this up.' "

Genesee County has always been important to Hancock, as it was to her parents, who always maintained a home here even as her father's job -- a VP with the railroad -- took the family to Pittsburgh and Chicago.

"It's just such an extraordinary place. The people are extraordinary. The physical beauty of the county is just bar none."

Hancock was born in Pittsburgh, went to elementary school in Batavia. In middle school her family moved to Chicago. She got her degree in education from Northwestern University and then taught English and Art at a school Lake Forest, Ill.

After a couple of years of teaching, Hancock decided she wanted to get her master's degree and become a school counselor.

Her parents weren't too keen on the idea.

"My parent were very proud that I graduated from college, but they really didn't think it was necessary for me to go on and get a master's degree."

Even so, she managed a fellowship for the University of Buffalo, so neither she nor her parents had to pay for her graduate degree.

It was at UB that Mary Pat met Bill, whom she married in 1957. They would have four children: Billy, an educational counselor, Ann Marie, a nurse with a school district, Tom, a school psychologist, and Katherine, who works in early childhood education.

Bill received his dental degree the same day Hancock received her master's and the couple had their first child.

Hancock essentially took 20 years off from her career in education to raise her family.

Bill worked in public health service and the family moved to Chicago, New York City and Buffalo.  Bill had plans to become an orthodontist, but then decided maybe it would be better to open a private practice in Oakfield, so the family returned to Genesee County.

While raising her family in Batavia, Hancock got involved in the community. She ran for the library board. She served on the school district board and on the BOCES board.

Once the kids were grown, Hancock decided she wanted to do what she once trained to do, become a school counselor.

She had to be recertified, which turned out to be a lot more work than she expected, and she took classes at UB, RIT and Rochester so she could get up to speed as quickly as possible.

When there was an opening at Batavia Middle School for a counselor, she applied for the job, but when she showed up for the interview, she found that instead they were interviewing her for a counselor's job at the high school.

Hancock was a counselor at BHS for 20 years, a job, she said, that she loved.

"It was a great job. It was super. The children, the kids, the fact that you never had a dull day. If you were feeling kind of down, the people at the school, my gosh, they were such fun."

In the midst of her 20-year career at BHS, she was elected to the County Legislature, which worked out because even the Legislature's committee meetings are after the school day is done.

There was a sense in those early days on the Legislature, Hancock said, that the county wasn't as well organized as it could be. Issues were dealt with in a piecemeal manner. There was no plan.

That was exemplified by the County Airport.

"When I first got up there, there were some things we just constantly, constantly, constantly talked about meeting after meeting after meeting. One of them was the cost of the airport and (the) insignificant contribution it was making to our county. Some said just get rid of it because it was causing problems and losing money. More than that, it was just a wrangle and I thought this is no fun. It was just a wrangle."

Eventually, the airport went from money loser to money maker, but only after the county began to get organized, first under Chairman Roger Triftshauser, then under Hancock.

"We needed to take a deep breath and focus. I was not the only one who felt that way. It was just such a muddle."

The first big item to focus on was bringing countywide water here in cooperation with the Monroe County Water Authority.

Asked if that wasn't just a big political mess, Hancock said, well, yes, it was political, but you've got to understand ...

"There were a lot of people, a lot of entities, a lot of towns, villages and the city, involved. The people were doing the work representing their particular spots, their towns, their villages, their city, so of course there were politics because all politics are local. Those individual areas wanted to make sure they were well represented. They wanted to make sure the deal wasn't going to be lethal for them."

While the water deal was still being hammered out, Triftshauser retired and Hancock was elected chair.

That was quite a turbulent time to take over such a big job, Hancock said.

"That was an exciting period of time. When Roger left, it was scary to take over because there was so much going on, but it was also exciting."

It was at this time that the county was tackling a comprehensive plan -- which also involved all the towns and villages and city -- a smart-growth plan, which goes along with countywide water, farm protection and the creation of industrial parks, and transforming the IDA into the GCEDC.

Again, all pieces of the same cloth.

"It really works when you are short of resources if you're long on planning so you can protect yourself from some big mistakes."

Among the accomplishments during Hancock's tenure that she says she's proud of is the county taking over the Office for the Aging from the city, merging the public health departments of Orleans and Genesee counties and renovations to the nursing home.

Hancock's had a pretty busy 10 years. She became chair around the same time Bill died. She's thrown herself into her work.

"This honor (the Humphrey Award) is just something above and beyond anything I ever expected," Hancock said. "I I don't think I deserve it. I went to work every day because I wanted to go. I was in a hurry every morning to get to work because there was so much to do. That was a treat and it was a reward to do that."

Now, Hancock said, it is time to take care of herself. She's enrolled in Tai Chi and Yoga at the Y. She's looking forward to riding her horse some more. She's painting her basement. She's watching the Winter Olympics (something she wouldn't necessarily have had time for in the past). She plans to travel. She plans to visit her grandchildren more. There's a lot she wants to do.

"I would like to live a thoughtful life. Before my retirement, it was getting to where I was just doing one thing right after another. So many plans were put on hold. There were so many things I had to cancel. I would like to make sure the time I have is productively spent."

Which means a plan. Mary Pat Hancock would never be without a plan. It's how you weave the fabric of life.

"I'm a great planner," Hancock said. "I like to plan. It's time for my own comprehensive plan."

Are extreme weather events in recent years the result of global warming?

New York Times: On "Settled Science"

Metal can be molded, shaped and welded together so that it becomes something stronger.

So can the youth of our community.

In a manner of speaking, Tim Adams does both.

As owner of Adams Welding and Manufacturing in Stafford, Adams makes and repairs farm equipment and commercial products.

As a community member who grew up on a local farm, Adams remains deeply committed to 4H and donates hundreds of hours of his time each year to the organization.

Adams grew up in 4H and even after turning 19, he remained involved.

"You don't realize right away the impact 4H has on you and the values it instills in you until later on," Adams said. "It's not that you're out of 4H at 19 -- you don't realize at 19 all the values that you've taken from 4H until later on. This last year really hit home that without people who are willing to volunteer there's not going to be organizations like 4H."

This commitment to our community, both as a volunteer and a local business owner, is the reason Adams will receive a Geneseean of the Year Award from the Chamber of Commerce on Saturday night.

"I'm surprised to be getting the award," Adams said. "That's not why I did it. I didn't do it to get an award. I do what I do to help 4H. It's truly an honor to get it, but I never thought what I did was that much more than anybody does. I just did what I did to get it done."

The son of Mike and Debbie Adams, Tim grew up on their farm in East Bethany, where he developed an appreciation for farm equipment that is in good working order.

"I was pretty meticulous about it," he said.

At first, the Adams farm was a hog farm (later adding replacement heifers) and Tim got involved with the 4H Swine Club, where he met the late Ron Komer, whom he said was a big influence on his life and his view of leadership.

"He was always there to help you if you needed something," Adams said.

In high school, Adams was taking a class at BOCES and a classmate, Jake Pocock, asked him if he'd ever tried welding. He hadn't. Jake had him put on the protective gear and weld two pieces of metal together.

 "All it took was one stick rod and I was hooked," Adams said.

Two years of welding classes at BOCES and two years of more study at Alfred State and Adams had a career, and with his connections to the ag community in Genesee County, Adams had a place to start to build a business.

In early 2012, Tim Adams and his brother Scott (Adams Trucking) took a big step together for the growth of both of their businesses and built a shop in Stafford on Route 5.

Adams' involvement with 4H includes leading the Swine Club, conducting the tractor safety courses, serving on various committees and taking charge on some key fundraising efforts.

This past year, he helped organize -- with John Duyssen, Keith Carlson, Heather Weber -- the Swine Club's first pulled pork BBQ, which Adams believes is the most successful fundraiser in the history of Genesee County 4H.

This was also the first year the Swine Club sold a club pig at the County Fair's livestock sale.

Among the most cherished contributions Adams makes to 4H is teaching the tractor safety classes. He took his first class from Bob Mullen at age 14 and has been involved in tractor safety ever since.

He said it's such a critical class for farm kids and does a lot to prepare youngsters to help out around their family farms.

"Being involved in 4H teaches responsibility, it teaches community service, it teaches you to take responsibility for an animal and be accountable, and it teaches a lot of life skills," Adams said.

He is also a member of a welding trade association, the Farm Bureau and has helped raise money for Crossroads House.

All of this community involvement has inspired Scott Adams to get more involved.

"It's something to see somebody actually carrying off and pulling off as much effort as he does," said Scott Adams, who's chairing the fair committee this year. "He actually cares about what he does. He goes that extra mile to get something done. From what he does with 4H, he's got me more involved with the fair and the ag society. He's motivated me to get involved more in the community. It's an eye-opening experience that one person can make a difference."

Clearly, making a difference is important to Tim Adams. He wants to make a difference in lives of young people the way people like Komer and Mullen did with him. Maybe today's 4H members will remember what Tim Adams did for them.

"I hope they look back like I did 10 years after I was out and look back and say, 'Hey, he was helping make me the person I am today,' " Adams said. "I'm hoping that's what they'll say."

Some of the evidence used against a former Bergen woman in her trial for fraud a year ago shouldn't have been submitted to the jury, so the woman should get a new trial, an appeals court has ruled.

Michele Ann Case, 47, of 1037 Chili Center-Coldwater Road, Rochester, was found guilty by the jury on criminal counts for allegedly bilking her employer out of more than $14,000 in fraudulent mileage and reimbursement claims.

Case was a home care nurse.

In prosecuting the case, the District Attorney's Office used as evidence summaries of financial and accounting documents as evidence.

According to the justices of the Appellate Division, Fourth Judicial Department, Case's attorney, Public Defender Gary Horton, did not challenge the admissibility of the documents.

The documents were not admissible, the court ruled, because the defense was not given a chance to review the data used to create the summaries.

The lack of review denied Case her right to a fair trial, the court ruled.

District Attorney Lawrence Friedman said the prosecution is "back to square one" -- at the same point the case was at before Case went to trial, but unless there is a plea deal, Friedman indicated he intends to proceed with the case.

"It's not like this decision indicates in anyway that we can't prove our case," Friedman said. "It's a question as to the admissibility and accuracy of the records that were used. It's certainly something that's curable for a retrial.

"This is not anything in my mind that weakens our case," Friedman added. "It's a matter of going back and reviewing the records and eventually redoing summaries that were used for the jury."