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Police Beat: Man accused of hitting boy on Father's Day

By Howard B. Owens

Anthony Devon Alexander, 37, Wast Main Street Road, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Alexander is accused of slapping a 13-year-old boy on the face leaving welts and bruising. The alleged incident occurred at noon, Sunday (Father's Day).

Stephanie Rae LaVoice, 26, of Brown Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving left of the pavement markings in a no-passing zone and driving left at railroad crossing. LaVoice was stopped at 1:17 a.m., Saturday, on Brown Road, Batavia, by Deputy Jason Saile.

Ryan M. Palmer, 29, of 10 Birchwood Drive, Batavia, is charged with harassment, 2nd. Palmer is accused of shoving a female acquaintance.

Paul B. Heale, 58, of 29 Linwood Ave., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and resisting arrest. Heale was arrested following an alleged domestic incident at 6 p.m., Saturday.

Shawn William Shanahan, 40, of Bonnie Brae Drive, Darien, is charged with DWI, aggravated driving with a BAC of .18 or greater, failure to keep right, possession/consumption of alcohol in a motor vehicle. Shanahan was stopped at 2:16 a.m., Sunday, on Route 20, Darien, by Deputy Patrick Reeves.

Rene Corez-Marrero, 28, of East Utica Street, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and dark window tint. Corez-Marrero was stopped at 7:54 p.m., Saturday, on Route 77, Pembroke, by Deputy Patrick Reeves. Corez-Marrero is also charged with coercion, 2nd, and harassment, 2nd. Corez-Marrero was reportedly involved at an incident at 7:30 p.m., Saturday, at Darien Lake Theme Park where Corez-Marrero allegedly did not allow a woman to contact police and took her personal property.

Dean Wilkins, 47, of Telephone Road, Pavilion, is charged with criminal possession of a forged instrument, 2nd. Wilkins is accused of depositing a forged check into an account at the Le Roy Federal Credit Union. Wilkins was jailed without bail.

Heidi L. Thomas, 27, and Denise R. Queen, no age given, both of 20 1/2 Dellinger Ave., Batavia, are charged with attempted petit larceny. Thomas and Queen allegedly tried to steal merchandise from Dollar General on June 17.

Hannah E. Dibble, 18, and a 16-year-old, both of Akron Road, Corfu, and a 17-year-old of Longs Lane, Corfu, are all charged with petit larceny. The trio is accused of shoplifting at 10:08 p.m., June 14, from Walmart.

Photos: Genesee County's six, count 'em, six bakeries

By Howard B. Owens

A little less than a year ago, there was only one independent bakery in Genesee County. As of yesterday, there are six.

The latest to open is Sweet Ecstasy, next to the Stafford Trading Post, in Stafford. Above are Tonisha Price, Carla Price, Ginny Robins and Debra Ingham. In the store, Sweet Ecstasy offers cookies and pastries and takes special orders for cakes and other baked dessert items.

Sweet Ecstasy took over the former location of Heavenly Sweets • Deli, which has moved to the corner of routes 63 and 19 in Pavilion. Heavenly Sweets offers pastries, bread and cakes, as well as a fully stocked deli counter. Pictured are owner Bonnie Totten, lower center, Peggy Ellis, left, Caitlyn Meeder and Sherif Woodworth.

The first of Genesee County's current six bakeries is Greg'ry's in Bergen. Greg'ry's was opened 17 years ago by Diane Cunningham. It was started nearly 20 years ago by Gregory Stefl, who sold it to Diane Cunningham. She sold it two years ago and then reacquired the bakery just two weeks ago.

Her new partner, Maura Schaffer (unfortunately, not in today when I dropped by unannounced) has created a line of all-natural pet treats. The bakery still carries a full line of breads, pies, cakes and pastries.

The trend of new bakeries started with Mary Margret Ripley opening up Scratch Bakery in Le Roy (on Main Street, sharing space with Java's). Scratch does most of its business special order, though there's usually cookies and scones (one Ripley's specialities) available in the store. Ripley also has a number of wholesale customers and sells items at local festivals. Customers can order a full line of cakes, cup cakes, pastries, cookies and bread. Ripley also offers home delivery.

Michelle's Bakery and Cafe opened in February on West Saile Drive, Batavia. Michelle said the bakery specializes in old-fashioned pastries, "like grandma used to make." It's a full-service bakery and owner Michelle Farina, left, said the shop can make a decorated sheet cake for any special occasion. The cafe is open for breakfast and lunch and offers sandwiches, wraps, salads and soups. Farina also offers catering. Pictured with Michelle are Samantha McDonald, Cassandra Hirsch and Liz Fenton.

The second newest bakery is Buttercrumbs Bakery in Corfu. Owner Darlene Miller, right, said she researched more than 100 bakeries, including some as far away as Florida, before coming up with a business plan. The shop, right in the Village of Corfu, has a seating area and offers pastries, pies and bread as well as cakes on special order. Miller said the closing of the village grocery store created a real opportunity for her and local residents have responded enthusiastically to the new business. "Corfu has never had anything like this before," said Miller, a longtime resident. Pictured with Miller is Julie Patterson.

It's perhaps just coincidence that I finally got around to putting this post together (I started planning on it back when there were only four bakeries) on the same day my dad is arriving from California for a weekend visit. I grew up in the bakery business and have always loved what a good, independent bakery can produce.

The baked goods at the chains can never match what a good independent bakery makes. Genesee County is now blessed with six quality local bakeries. As consumers, we need to be sure to support them. Entrepreneurs like these owners are what make a community strong and prosperous.

Photos: Le Roy and Pavilion volunteer firefighters hiking to Stafford

By Howard B. Owens

As they do every year -- nobody remembers for how many years -- the volunteers of the Le Roy and Pavilion fire departments towed their antique firefighting hose wagons to Stafford for the Stafford Fire Department's annual parade.

The parade is at 7 p.m.

The carnival runs all weekend with the annual Corvette drawing on Sunday (Father's Day).

Unfortunately, I'll be unable to attend either the parade or the carnival this year (my parents are visiting from California). If anybody else wants to post some pictures, feel free.

Police Beat: Alleged burglary in 2009 pinned on Batavia man facing other charges

By Howard B. Owens

Justin Zane Barker, 22, of North Lyon, Batavia, is charged with burglary, 3rd. Barker is accused of burglarizing the Beaver Brothers Restaurant at Darien Lake Theme Park sometime during the morning hours of Sept. 6, 2009. (Barker was also recently part of a trio that allegedly refused to leave a local hotel, leading to a multi-agency manhunt for Derick Barker.)

Lena M. Evans, 23, of 4037 W. Main St. Road, Batavia, is charged with three counts of petit larceny. Evans is accused of shoplifting from Target on April 11, from Kmart on April 19, and from Bed, Bath & Beyond on an unspecified date. The petit larcenies were investigated by deputies Parker, Richardson and VanValkenburg.

Photo: Cruiser's Creamery opens on West Main Street, Le Roy

By Howard B. Owens

Le Roy has a new ice cream parlor, Cruisers Creamery, between Scooters and Burger King, on West Main Street.

The ice cream parlor is owned by Rick Dorf and Charles Maniscalco, both left, and managed by Ashley Dorf with help from Jimmy Diehl, Kaitlin Slowe and Kristine O'Gee.

The creamery features homemade ice cream and fresh waffle cones made daily.

There is a drive-thru, or you can eat your ice cream inside or on the patio.

The store also serves gelato, soft serve and Italian ice and is open from 11 a.m. to 10 p.m.

Dorf and Maniscalco (Maniscalco also owns Scooter's) have designed the shop around an old-time ice cream parlor theme with classic cars being part of the motif. Dorf said they hope to occasionally have car shows in the back parking lot.

Photos: Quarry and steam shovel in Le Roy

By Howard B. Owens

In Le Roy this afternoon, I took a turn down Gulf Road looking for the a steam shovel a reader told me about recently (see below) and I found this view of an old quarry.  

Photo: The Boulder of Le Roy

By Howard B. Owens

Driving around Le Roy this afternoon, I came across this interesting bit of local history on Summit Road -- a boulder with a historical plaque set in it in 1930.

The plaque reads: "This boulder marks the southern apex of the Triangle Tract, purchased from the Morris Reserve in 1783 by Herman Le Roy and William Bayard."

Photo: Stella's Bridal Boutique, Le Roy

By Howard B. Owens

Le Roy has a new bridal boutique, Stella's, opened within the past month by Stella Collins, left, and Emily Allen. 

Collins said after gaining experience in the bridal business in Rochester, she saw an opportunity in Genesee County and picked a location on Main Street in Le Roy.

The boutique, Allen said, provides full service for bride and bridesmaids.

"We're with you from the day you first walk in to the day you say, 'I do,'" Allen said.

Collins added that the store features dresses by designers that are unique, including designers not available in Rochester.

Photo: Don Antinore at Cafe Le Roy

By Howard B. Owens

For a couple of months I've wanted to drop in on Cafe Le Roy and see the new shop set up by Don and Reyhan Antinore.

When I dropped in today, Don showed me the cafe in the back, which the Beatest of the Beats of 60 years ago would find hep, man.

Then Don introduced me to his new ice cream counter. Don said he serves only three flavors -- vanilla, chocolate and strawberry -- just like, he said, ice cream shops when he was a kid. And from those three flavors he can make floats, banana splits and sundaes.

Don said it's the first ice cream shop on Main Street in Le Roy in years and years.

Le Roy students named to Deans' List at SUNY Oneonta

By Billie Owens

Brianna Olsen, of Le Roy, is among the 1,422 students who earned Deans' List honors for the spring 2011 semester at SUNY Oneonta. To qualify, undergraduates must earn a grade-point average of 3.5 or higher while carrying a course load of 12 semester hours or more.

A liberal arts college focusing on teaching and learning, SUNY Oneonta was established as a state normal school in 1889 and incorporated as a founding member of the state university system in 1948. The college is well known for its outstanding faculty, strong academic programs, educational technology, community service and character-building activities and scenic campus.

Le Roy Farmers' Market's fifth season!

By Jennifer Keys

LeRoy Farmers’ Market is pleased to announce its fifth year of offering fresh, seasonal and local produce and products to the LeRoy community! Opening day is 8:30 a.m. Saturday, June 25, in the Bank Street parking lot behind McDonald’s.

There are 19 vendors this year to provide eggs, cheese, baked goods, coffee and tea, soap, honey, flowers, wine, BBQ pork sandwiches, herbs, maple syrup, nut butters, naturally grown frozen beef, made to order hot dogs and hamburgers, and fruits and vegetables. 

The market is happy to welcome back Mellander's Maple. Dennis Mellander returned from his sugar bush in Allegany County with a good supply of Maple syrup and maple products. In addition, he will be offering nut butters from Once Again Nut Butters from Nunda, including, sunflower butter, almond butter, cashew butter and organic butters. Stop in and have a sample!

New to the Market this year is D’s Franks, Gabby’s Pumpkin Patch from Oakfield, Stony Creek Flower Farm and Zantopeia Herb Garden, both from Caledonia.

Diane Strock of D’s Franks, has offered made to order hot dogs, hamburgers and sausage for three years at several locations from her mobile food trailer. She uses Zweigle hot dogs and locally made hot sauce. She also offers hot coffee and cold bottled water and soda.

Another addition to the many local farms at the Market is Gabby’s Pumpkin Patch from Oakfield. Patricia Gibsons’ family farm offers seasonal produce including kale, sugar snap peas, turnips, pumpkins, gourds, parsnips and fresh-cut herbs. 

Fresh-cut flowers from Linda Driscoll at Stony Creek Flower Farm in Caledonia are a beautiful addition to the LeRoy Farmers’ Market. Linda will also offer bouquets and dried flowers.

Drew Zantopf of Zantopeia Herb Farm in Caladonia, will be offering a variety of potted herbs and plants for the first market only. Come early for the best selection!

Every Saturday there will be entertainment. On opening day, June 25, the market will welcome back Bev Hess. She plays some of our favorite songs on her keyboard and is very entertaining!

The LeRoy Farmers’ Market is open from 8:30 to 12:30 every Saturday morning June 25 until mid-October. Our market participates in the New York Nutrition Program and some vendors participate with New York State WIC program. Please check our website www.leroyfarmersmarket.org for information, or our fan page on Facebook for weekly updates and special happenings.

(Thank you to my LFM advertising partner -- Catherine Rhoads -- for the content!)

42-year-old son reportedly admits starting Le Roy house fire after fight with his dad

By Howard B. Owens

A resident of 3 Orchard Drive, Le Roy, who suffered serious burns in a house fire early Monday morning, has reportedly told Le Roy Police that he started the fire.

Charges are pending against Paul F. Atkinson, 42, according to a statement from Le Roy Police.

Atkinson remains hospitalized at Strong Memorial Hospital where he is being treated for first-, second- and third-degree burns.

According to Le Roy Police, Atkinson said that he started the fire as a result of a disagreement he had with his father Sunday.

The release says that Atkinson made a full statement taking responsibility for the fire.

Several hours before the fire, Atkinson appears to have left a status update on his Facebook page that reads, "everyone can go to hell, tired of this life."

The fire was reported at 3:26 a.m. after the family dog alerted Atkinson's sister to the fire. Her husband, Richard Nelson climbed from a second-floor window to escape the flames and reportedly suffered an ankle injury in the fall. His wife was helped down an outside stairway by a Le Roy Police Officer.

The father, Thomas Atkinson, who owns the house, was not at home when the fire started. He was delivering newspapers.

Police Beat: DWI charged in Corfu after man reportedly drives through accident scene

By Howard B. Owens

Daniel William Tuerk, 25, of Genesee Street, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Tuerk was arrested after reportedly trying to proceed through an accident scene on East Main Street, Corfu, at 12:58 a.m., Saturday.

Earl Bryan Benson, 22, of Chestnut Street, Batavia, is charged with felony DWI and refusal to submit to breath test. Benson was reportedly found asleep in a vehicle at 2 a.m., Sunday, parked at 64 S. Main St., Elba. Sgt. Brian Friday made the arrest after an investigation revealed that Benson allegedly drove drunk to that location. Benson was jailed on $1,000 bail.

name redacted, 18, of 36 Dellinger Ave., Batavia and Jordon E. Terkel, 21, of 76 E. Main St., Corfu, are charged with unlawful dealing with a child, 1st, and endangering the welfare of a child. xxx and Terkel are accused of supplying alcohol to two 15-year-olds and a 16-year-old on May 28.

Jason Warren Spencer, 25 of Church Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Spencer is accused of being involved in an unspecified incident alleged to have occurred early Saturday morning.

Eugeno Nunez-Gomez, 22, of Hundredmark Road, Elba, is charged with DWI, drving with a BAC of .08 or greater, failure to keep right, unregistered motor vehicle, improper/switched plates. Nunez-Gomez was stopped at 1:12 a.m., Sunday, in the area of 5800 Transit Road, Elba, by Deputy Frank Bordonaro.

James Daniel Kavanagh, 21, of North Avenue, Le Roy, is charged with assault, 3rd. Kavanagh is accused of being involved in a fight at an address on Main Road, Stafford, in which he injured another person.  

Jason Paul Schaefer, 19, of Martin Road, Clarence Center, is charged with criminal contempt, 2nd. Schaefer is accused at being at the Phish concert June 8 while another person he is barred from being near was also at the concert. Schaefer then allegedly got into a verbal altercation, allegedly violating the order of protection.

Matthew F. Vanbuskirk, 22, of 108 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and having non-transparent side windows. Vanbuskirk was stopped Saturday by a Le Roy Police patrol.

Lena Marie Evans, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Evans was allegedly found in possession of narcotics during a check the welfare complaint at 8:32 p.m., Friday.

Ryan Christopher Riggi, 16, of Transit Road, Elba, is charged with criminal contempt, 1st. Riggi allegedly violated an order of protection after reportedly pushing a caseworker on a home visit. Riggi was jailed on $1,000 bail.

Kevin James Huston, 27, of Brooklyn Avenue, Batavia, is charged with petit larceny. Huston is accused of claiming rewards and discounts from Kmart he was not entitled to obtain.

Evan Charles Burstein, 24, of Sunset Hills Road, Reston, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Burstein was reportedly found by Darien Lake security wandering around the theme park in an intoxicated condition. Upon investigation by Deputy Chad Minuto, he was allegedly found in possession of Clonazepam tablets outside their original container and a quantity of marijuana. Burstein was jailed on $250 bail.

John Mitchell Irish, 29, of Dartmouth Street, Rochester, is charged with felony DWI. Irish was allegedly involved in a car vs. pedestrian accident on Sumner Road, Darien, at 12:26 a.m., June 9. Irish was jailed on $1,500 bail.

Jessica R. Johns, 28, of 120 Jackson St., Batavia, is charged with unauthorized use of a vehicle, 3rd. Johns is accused of taking the car of an acquaintance without permission on June 9. Johns was located on June 10 and the car was returned reportedly undamaged.

Jason Schafer, 23, of Geneseo, is accused of evading cigarette taxes. Schafer was allegedly found in possession of 2,000 untaxed cigarettes.

One person injured in early morning house fire in Le Roy

By Howard B. Owens

UPDATE 10:49 a.m.: The family cat perished in the fire.

UPDATED 9:27 a.m. Updated at 2:32 p.m. with addtional information included.

One person suffered burns in an early morning house fire at 3 Orchard Drive, Le Roy, the that Le Roy police classify as suspicious.

No suspect has been named in the fire.

Two other people managed to escape the blaze, one by climbing out of a second floor window and the other being helped from a second floor deck by a Le Roy Police officer, who protected her from the flames as he helped her down an outside stairway.

The call came in at 3:26 a.m. after the family dog woke one of the residents and alerted her to the fire. She called 9-1-1.

The woman was then helped from the deck by Officer Rob Tygart. Her husband, Richard Nelson, climbed from a back window when his exit path was blocked by flames.

Paul Atkinson, 42, reportedly suffered 1st, 2nd and 3rd degree burns. He was taken by Le Roy Ambulance to Strong Memorial Hospital.

Nelson suffered an ankle injury, but initially declined treatment. Hours after the fire, he requested treatment for the injury as well as a complain of pain in his side.

The fourth occupant of the home, the owner, Thomas Atkinson, was out  delivering newspapers at the time the fire was called in.

Le Roy Chief of Police Chris Hayward said the investigation has not yet determined if smoke detectors sounded after the blaze started.

"The daughter was the one who called the fire in and the way it was going it probably would have been a total loss if she hadn’t heard the dog," Hayward said. "God only knows what the outcome would have been."

There are aspects of the fire scene, Hayward indicated, that lead investigators to suspect the fire could have been intentionally set.

Investigators are trying to determine who might have set the fire.

An aggressive response by the first Le Roy firefighters on scene, Bill Wood and Tom Carroll, was critical to containing the fire to two back rooms, said Le Roy Fire Chief Mike Sheflin, who also gave credit to the department's aerial crew.

"You can see where they cut the vent," Sheflin said. "It's in the perfect spot to keep the fire from extending."

Sheflin said the department quickly overcame a problem with water pressure in the neighborhood by calling in tankers from Stafford, Bergen, Pavilion and Caledonia.

The chief wouldn't speculate on the cause of the drop in water pressure and referred questions to the Monroe County Water Authority. There is water line construction currently taking place on East Avenue.

Also assisting at the scene were Genesee County Emergency Services and the Genesee County Sheriff's Office. A Mercy EMS ambulance responded on standby in Le Roy while the local ambulance was tied up on the call.

No firefighters were injured.

One-vehicle rollover on Oatka Trail

By Billie Owens

A one-vehicle rollover accident is reported at 8364 Oatka Trail. The victim is still trapped inside.

Le Roy Fire and Ambulance are dispatched.

UPDATE 7:50 p.m. (by Howard). The vehicle "has uprighted itself" and left the scene. A first responder said, "I just passed it. It's all over the road." The vehicle was last seen on Circular Hill Road headed toward Route 5. The vehicle is a black and white Chevy S10 with three occupants. Le Roy unit responding to the scene of the original accident to deal with a small fuel spill. The other truck responding is back in service.

UPDATE 7:59 p.m. (by Howard): Le Roy fire back in service.

Mt. Morris resident accused of selling heroin in Le Roy

By Howard B. Owens

A Mt. Morris man with a prior criminal record was allegedly observed selling heroin in a Village of Le Roy parking lot, leading to his arrest on multiple drug dealing and possession charges.

Shaun M. Theriault, 30, of Parker Road, is being held in the Genesee County Jail without bail.

Theriault may also be wanted in Florida, but that hasn't been confirmed. He has prior convictions in New York for grand larceny, 4th, and robbery, 1st.

The Sheriff's Office reports that members of the Local Drug Enforcement Task Force and the Le Roy Police Department observed Theriault allegedly conducting a drug transaction in a municipal parking lot in the village.

Upon approaching Theriault's car, officers allegedly found a quantity of suspected heroin, packaging baggies, a digital scale and $506 in U.S. currency. 

Theriault was arraigned in Town of Le Roy court for alleged attempted criminal sale of a controlled substance, 3rd, attempted criminal possession of a controlled substance, 3rd, attempted criminal possession of a controlled substance, 4th, and criminal using drug paraphernalia, 2nd.

A web site out of Florida lists a Shaun M. Theriault with a birthdate of April 20, 1981 as wanted on a fugitive extradition warrant. Theriault is listed on the site as a Nunda resident. The mug shot on the site shows a blond man, but some facial features are similar. The warrant is from 2004, so may no longer be current.

Theriault was held in the state prision in Wyoming County from 2004 until Jan. 14, 2011, when he was released on parole. The crime was robbery, 1st, committed in Livingston County. He was previously in state prison in 2000 to 2001.

Report of brush fire at back of the cemetery on North Street, Le Roy

By Howard B. Owens

There is a report of a brush fire near the back of the cemetery, off North Street in Le Roy.

Le Roy Fire and Le Roy Ambulance responding.

UPDATE 8:48 p.m.: A chief reports, "It appears to be fairly decent size ... but we're not going to get it from here." He's recommending units repond to Church Street. Another chief requests law enforcement to the scene on the Church Street side.

UPDATE 8:57 p.m.: Fire knocked down.

Attorneys argue over Ewoks, phone calls and free speech in Chris Charvella case

By Howard B. Owens

UPDATED 3:26 p.m., with clarification of a quote.

In the interest of justice, the aggravated harassment in the second-degree charges filed against political activist Chris Charvella should be dropped, Charvella's attorney argued in Town of Batavia Court this morning.

The hearing was prompted by the defense's motion to dismiss the case.

"If you allow this case to go forward, what is the public going to think?" Charvella's attorney, E. Robert Fussell, told Justice Mike Cleveland. "Are they going to trust a system where a politician is allowed to call the police and have a political opponent silenced?"

Assistant District Attorney Melissa Cianfrini, representing the people, argued that the case against Charvella is neither political nor does it conflict with the First Amendment.

The case is entirely about Charvella's conduct, Cianfrini argued. The key question is whether that conduct violates the harassment, 2nd, statute against making phone calls with no legitimate purpose.

Charvella is accused of placing a phone call to Legislator Jay Grasso and leaving a message on his answering machine. The message said, "Thank you for reading my blog."

Cianfrini argued that the message had no legitimate purpose and taken within the context of comments made by Charvella on The Batavian and on his own blog, constitutes an attempt to threaten and intimidate Grasso.

"What Mr. Charvella did was serious," Cianfrini said. "It wasn't a light moment. He wasn't trying to be funny. It was serious and if you look at the whole body of conduct, it is serious."

In order for the case to be considered serious, Fussell argued, the conduct of Charvella would have to be seen by a reasonable person as intimidating. Just because the alleged victim, he argued, felt alarmed doesn't mean the conduct is in fact harassing.

"Mr. Grasso is either an exceptionally sensitive person who is easily frightened, or he is acting to shut out Mr. Charvella from the political process," Fussell said. 

A key fact disputed during the hearing was the timing of the phone message in relation to a post Charvella did with a picture of an Ewok with the caption, "Prepare your anus."

Cianfrini said the posting of the picture followed by the phone message was clear evidence that Charvella intended to intimidate Grasso.

Fussell countered that the Ewok picture was posted after the phone call, so Grasso could not have seen the picture before getting the phone message.  

To which Cianfrini replied that if that's the case, Charvella's conduct potentially constituted a threat.

Fussell quickly replied that Charvella hadn't been charged with such a crime.

"If those are the facts that come out at trial, the people reserve the right to file that charge," Cianfrini said. "He's on notice."

A few times during the oral arguments, Cianfrini made the point that Grasso wasn't acting in his capacity as a sitting legislator, so the First Amendment didn't apply to the case.

The events around the case were entirely personal, Cianfrini argued, and not about politics or anything Grasso did as a government official.

"That’s what the First Amendment deals with, the government not politics  the placement of a political sign or personal conflicts," Cianfrini said.*

And even if it is a political issue, Cianfrini said, the case isn't about the content of any postings or messages. It's about Charvella's conduct, which Cianfrini argued, was clearly intended to intimidate and harass Grasso, causing him to feel alarmed.

One key piece of evidence not available in the case, Fussell complained, is the phone message itself. The recording was not preserved.

Fussell said the recording would provide important context to the message -- what was Charvella's tone of voice? Was it threatening? Was it humorous? 

It's hard to believe, Fussell said, given Grasso's background in law enforcement, that he didn't know to preserve the evidence.

Cianfrini said Grasso's law enforcement training is irrelevant to the case and that the recording is not needed since Charvella doesn't dispute the fact that he left the message.

As the oral arguments before Justice Cleveland wore down, the tensions between the attorneys intensified.

A couple of times near the close, Fussell made the point that if the case goes forward, Charvella will incur significant legal expenses (Charvella has already spent $7,000 on the case) while Grasso is getting the services of Cianfrini for free.

"That's not accurate, you're honor," Cianfrini said. "I take exception to that remark, I represent the people of the State of New York and I can't stand here and let that go on the record."

*NOTE: Quote clarified after further discussion with Melissa Cianfrini. 

Novel Destinations begins at Woodward Memorial Library

By Trisha Riggi

Novel Destinations is the theme of the 2011 Adult Summer Reading Program. Sign up begins at 10 a.m. Monday, June 27 and continues throughout the summer months.

Read books from our destination categories and receive tickets to win prize baskets. We will also do a weekly mystery photo contest. Call 768-8300 for more information or stop in the library!

Event Date and Time
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Elderly Le Roy woman rescued before train smashes into her car

By Howard B. Owens

An 81-year-old Le Roy narrowly escaped death Monday after her car got stuck on train tracks in Steuben County and another person pulled her from the car just before a train struck it.

Angeline Pascucci was reportedly disoriented, driving on the tracks and refused to get out of her car. A passerby had to physically remove her from the vehicle.

Pascucci was not injured.

The hero was Laurie Eldridge.

Eldridged dragged Pascucci from the car just before a northbound train broadsided it at 40 mph.

(via YNN)

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