The Pearl Street Road woman accused of failing to provide proper food and care for her 3-year-old Labrador retriever mixed breed named Maya was a no-show in Town of Batavia Court today, along with her attorney Michael Ranzenhofer.

The case of Becky L. Frens, who is about 56 years old, was on this morning's court docket for 10:30 and nearly two hours later Judge Michael Cleveland called her name and got no response from the gallery. The court clerk said earlier that the court had not heard from Frens or Ranzenhofer, nor had they appeared in court today.

Cleveland said Ranzenhofer had asked him for a second postponement in the case -- it had been delayed once on Aug. 27 until today -- but he denied the request, saying the reasoning for another postponement was not specific enough. Cleveland did not say when Ranzenhofer made the request, but he made it clear he had not heard from Ranzenhofer or Frens today and that they were due in court.

Next time, bench warrants

First Assistant District Attorney Melissa Cianfrini said she would not ask for a bench warrant to be issued for either the client or attorney in this case, although she could, because she is giving Ranzenhofer the benefit of the doubt. Since he was not present, perhaps there was a miscommunication, she said. But if it happens next time, a bench warrant(s) will be sought.

The people are ready for trial, Cianfrini said.

Cleveland set the matter on the docket for 10 a.m. on Monday, Oct. 22, for either adjudication or to set a trial date, one or the other.

Frens was arrested on July 10 by troopers from the Batavia Barracks of the State Police after she went to the Genesee County Animal Shelter to retrieve her dog.

The day or so before Maya had gotten out and somehow managed to walk many, many yards on sore paws -- with nails so overgrown they were chewing into the pads -- down the Frens' gravelled driveway to the edge of the Pearl Street Road pavement. It was there that neighbors across the street saw the dog and coaxed it into their yard, where they gave it cat food and balogna and whatever nutrition they could round up. Emaciated, Maya scarfed it all down along with three bottles of water.

Then the neighbors called the law.

Frens is charged with overdriving, torturing and injuring an animal; and failure to provide proper sustenance under the state Agriculture & Markets law, Article 26, Section 353, which is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Update on Maya

Meanwhile, Maya had a big day today.

According to Volunteers for Animals' Lynette Celedonia, who aided Maya from day one, she was to be spayed today and the last knots of scar tissue from infection due to demodectic mange was to be surgically removed from her back and shoulder area.

Since July, Maya has made amazing progress, Celedonia said. Gina Lippa, also with Volunteers for Animals, agreed. They came to court today to hear the Frens' case and afterward were happy to report how well Maya is doing.

"Her coat has grown in and thickened up and she's put on weight; her hip bones and ribs are no longer showing," Celedonia said. "Her infections have cleared up. And her muscles are stronger from playing and running -- which in her case is more like hopping -- and she's been adopted by the best family possible."

A public health nurse and her husband adopted Maya and share their home with her and two other doggie companions, plus avian and feline companions.

Celedonia has a recent picture on her phone of Maya, snoozing on big comfy sofa, taken after an afternoon of romping around in her new yard, plumb tuckered out and looking like a different, healthier dog.

Brenda Yvette Colon-Cruz, 45, of Watson Street, Batavia, is charged with: driving while ability impaired by drugs, as a felony, with two prior convictions within the last 10 years; holding more than one driver's license; and operating an unregistered motor vehicle on a highway. On Sept. 13 at 4:06 a.m., she was arrested following a complaint in the area of Lake Street Road in the Town of Le Roy. She was arraigned then released under supervision of Genesee Justice. She was due back in Le Roy Town Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Charles Kibicho Kairu, 37, of South Valley Lane, Springfield, Mo., was arrested at 6:25 p.m. on Sept. 22 on Main Road in Pembroke following a traffic stop. He allegedly operated a commercial vehicle while intoxicated. He is charged with: unregistered motor vehicle; aggravated unlicensed operation of a motor vehicle in the first degree; DWI -- first offense; aggravated DWI -- having a BAC of .18 percent or more; drinking alcohol in a motor vehicle; and operating with brakes out of service. Kairu was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash or $20,000 bond. He is due back in Town of Pembroke Court on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Mathew Clor.

Nicholas F. Kerwin, 18, of Route 77, North Java, is charged with third-degree criminal mischief and fifth-degree conspiracy. Following a property damage complaint of damage to a motor vehicle on Molasses Hill Road in Alexander at 1:30 a.m. on June 10, Kerwin was arrested and released on an appearance ticket. He is due back in Town of Alexander Court on Oct. 9. He allegedly caused damage to the vehicle in excess of $250. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Christopher Parker.

Three youths were arrested by the Le Roy Police Department in connection with a nighttime residential burglary in the village on Sept. 10. It was reported by the homeowner that unknown an unknown or persons entered the residence during the late night or early morning hours and stole multiple packs of cigarettes while the resident was sleeping. A follow-up investigation allegedly determined three youths ages 16, 13 and 12 were involved and some of the cigarettes were recovered as evidence. The 16-year-old, who was already on a court-ordered, 24-hour curfew due to unrelated prior criminal conduct, was charged in Le Roy Town Court with one count each of second-degree burglary, a Class C felony, and petit larceny, a Class A misdemeanor. The 16-year-old was jailed and an undisclosed amount of bail was set. The two younger suspects were "petitioned to the Genesee County Youth Court."

Kevin M. Fossum, 52, of Batavia, was arrested by State Police from the Warsaw barracks on Sept. 15 and charged with driving while ability impaired and unlawful possession of marijuana. During a traffic stop on Route 246 in the Village of Perry, troopers detected an odor of marijuana coming from Fossum while being interviwed. Field sobriety tests were issued and he was taken to Warsaw for processing, then issued an appearance ticket for Village of Perry Court at a later date. He was released to a sober third party.

Submitted photo and press release from the Genesee County Sheriff's Office:

Early this year, Genesee County was selected to be the recipient of technical assistance and funding to develop a Crisis Intervention Team (CIT) program with resources made available through the NYS Senate and allocated to the NYS Office of Mental Health.

The Office of Mental Health (OMH), Division of Forensic Services, is managing the crisis intervention services initiative.

Crisis Intervention Team (CIT) training is a program that has been developed to help police officers in situations involving individuals with mental illness. The concept of CIT began in Memphis, Tenn., in 1988, and has become nationally known as the “Memphis Model” of pre-arrest jail diversion for those in a mental health crisis. 

A Crisis Intervention Team is a group of experienced police officers who volunteer to receive an additional, one-week training in mental health-related issues.

Last week, local law enforcement officers from the Genesee and Wyoming County sheriff's offices, the City of Batavia Police Department, Village of Le Roy Police Department, Village of Attica Police Department, and Genesee and Wyoming county probation offices participated in training.

The training will prepare officers so that when they are the first responders to an incident, they have the knowledge, skills and support to de-escalate situations and divert individuals from the criminal and juvenile justice systems, when it’s appropriate to do so.

Among the goals of CIT programs are to reduce the number of arrests of individuals with mental illness, refer them to treatment facilities or other support services, and eliminate adverse incidents between law enforcement and those with mental illness. CIT programs involve ongoing collaboration and partnerships between, and among, law enforcement, the mental health system, and consumer and advocacy groups.

Photo: Local law enforcement officers from the Genesee and Wyoming County sheriff's offices, the City of Batavia Police Department, Village of Le Roy Police Department, Village of Attica Police Department, and Genesee and Wyoming county probation offices who participated in CIT training.

We've always had a policy of disclosing when things going on in our lives might disrupt news coverage, even when those events are medical in nature.

This is one of those times.

Since August of last year, I've had afib and this morning I'll be admitted to Unity Hospital in Rochester where, after some tests and if those tests go well, doctors will administer a medication that may correct it. The potential side effects of the medication require that I remain in the hospital where I can be monitored for at least three days.

So, until perhaps Thursday morning, I won't be in town. Billie will be here monitoring the scanner as usual. We have some coverage lined up. I'm expecting some documents that will enable me to write a couple of stories while I'm in the hospital and I can do any other stories that come up that don't require me to travel, but I won't be available for breaking news or event coverage. We'll do our best to get these covered through other means while I'm gone.

Rep. Chris Collins, under federal indictment on charges of securities fraud, has kicked off his resurgent campaign with an ad attacking Democratic candidate Nate McMurray for supposedly having something to do with a free trade agreement with Korea, which Collins falsely claims has cost the United States 95,000 jobs.

In 2010, South Korea and the United States entered a free trade agreement commonly known as KORUS. 

Collins is apparently getting his statistic from a 2016 report by the union-backed Economic Policy Institute, which has a record of calculating job loss estimates solely on a balance-of-trade figure. 

Such a calculation ignores the increase in exports, the lower costs of imports, the jobs created from increased trade, and an assumption that the imports would have been made in the United States if not for the trade agreement. It is not a survey of how many actual workers, if any, were terminated after the trade deal.

Scott Lincicome, an international trade expert with the conservative Cato Institute, has written a couple of times about EPI's flawed methodology. 

EPI used the same methodology to make false claims about jobs lost to China. 

Writing about a similar report in 2012, Lincicome said:

I really shouldn't give the "study" an iota of bandwith, but because it will undoubtedly be mentioned by ignorant journalists or opportunistic politicians looking to respectively score a few cheap page views or scare a few unwitting voters, here's all you need to read:

• My 2010 blog post dismantling of EPI and its study (including boatloads of links from myriad scholars decrying EPI's asinine "trade deficit = job losses" methodology); and

• Today's quick dismissal of the EPI report by the U.S.-China Business Council.

The claim of 95,000 jobs lost is also contradicted by steady economic growth in the United States since 2010, including 95 straight months of job growth. Since 2010, the U.S. economy has added more than 18 million jobs.

According to a U.S. Trade Representative report from 2015, KORUS had increased U.S. exports to Korea by nearly $25 billion annually to that point. 

"U.S. auto exports to Korea increased by 208 percent by value between 2011 and 2015," the report states, "more than 14 times faster than the increase of U.S. auto exports to the world (up 14 percent), thanks to Korea’s 50-percent tariff reduction (from 8 percent to 4 percent) when KORUS entered into force."

In 2016, the USTR reported that total, two-way trade with Korea had increased to $144.6 billion, with $63.8 billion in exports and $80.8 billion in imports.

A trade deficit does not translate into job losses, however. It means Americans are buying more because of greater availability or lower prices. It doesn't mean those products would have been made in the United States.

The Batavian tried to contact the communications director for the Collins campaign this morning and got no response. We reached out to Chris Grant, who works for the campaign, and he referred us to a statement Collins issued to the Buffalo News.

This is a real video of Nate McMurray that he removed from social media because he didn’t want to defend his efforts to promote a Korean-U.S. Free Trade Agreement that shipped nearly 100,000 U.S. jobs overseas. Nate McMurray needs a new video to explain why he opposes President Trump's policies that are protecting American jobs and American workers. Hopefully, he’ll leave that video up.

Via text message, The Batavian pointed out to Grant that the statement didn't address Collins's false claim about the number of jobs lost and we got no response.

Collins made his claim as part of a campaign commercial (see video above) that attacks McMurray's past employment as an attorney for U.S. companies in Korea.

According to the Buffalo News story, McMurray helped U.S. companies trying to open up the Korean market to their exports.

McMurray learned to speak Korean while working there. He married a Korean. He's said that the Collins' ad is xenophobic. He shared this on Twitter yesterday:

"I watched that ugly attack ad with my son. His mom is Korean. My son speaks Korean. He looked at me with a grave sadness on his face. He felt what I felt. Neither of us said a word."

Collins was arrested Aug. 3 and charged with securities fraud. A few days later he suspended his campaign. Earlier this week, he announced he would not cooperate with GOP efforts to remove his name from the ballot in November and then announced he would resume actively campaigning for reelection. As far as we know, he made his first public appearance in the district today in Newstead. About the event, he tweeted: 

It's great to be back on the campaign trail meeting with constituents across NY-27. Voters have a clear choice in November. We must keep this seat in Republican hands to continue advancing President Trump's America first agenda.

The First Presbyterian Church in Batavia celebrated its 209th anniversary today by hosting a Scottish Heritage Festival. The festival featured food, ancient highlander games and toys, bagpipes (Carol Romanowski, top photo), and a lecture on Protestant churches in Batavia by Genesee County Historian Michael Eula, Ph.D. (second picture with Mike Stuart). 

Bottom photo: Ludia Gundel, age 7.

The Alzheimer’s Association, WNY Chapter, sponsored today's Walk to End Alzheimers in Batavia. The route started and ended at Premier Genesee Rehabilitation and Nursing Center on Bank Street. Hundreds of people turned out, though this morning organizers did not have an exact count of participants.

For decades, the former Presbyterian church in East Pembroke has looked weathered and beaten and neglected but owner Wes Winters had decided it's time to restore the exterior.

So far he's removed the old siding, painted the trim and the bell tower and installed some windows. This week he will start installing new clapboards (wood, not vinyl). 

He described the project as "weatherizing."

"It was pretty sad," Winters said. "We needed a new roof on the tower and the clapboards had long since seen their paint go away. It was just time."

His father bought the building in the 1970s and converted the basement into two apartments and divided the sanctuary into two floors as storage for his construction business.  

His son David is assisting with the restoration project.

The sanctuary was built in about 1854 and the bell tower was added in 1857.

The original bell -- cast in the 1870s in Troy -- still hands in the tower. The last time it was rung was just a few weeks ago. A friend of his son's got married nearby in East Pembroke. At the start of the service, Winters' son texted him and he rang the bell five times and then when the couple was pronounced husband and wife, he rang it again five times.

The stained glass was apparently removed when the congregation left the church.

Winters doesn't have immediate plans for the sanctuary but said it might be appropriate for apartments or retail.

"We're not going to sell it," he said, adding that the building will stay in the family.

This is a commemorative plate found in the church building. The inscription on the back says the church was built for $3,200. Rev. D.C. Houghton was the first pastor. A tornado Sept. 30, 1921, tore off the spire and it was replaced by a dome. The Baptists and Presbyterians of East Pembroke merged in 1962 and formed the East Pembroke Federated Church. Photo submitted by David Winters.

Photos and information from the Le Roy Police Department:

The Le Roy Police Department is currently investigating a case of animal cruelty. Early this morning (Sept. 22) patrols located a cat enclosed in a plastic bin. The cat was inside the bin and the lid was duct-taped closed; there were no holes cut in the lid or anyway for air to enter the bin.

The cat appears to be in good health and is being cared for at this time.

The cat is an unneutered male tiger cat and appears to be well fed and taken care of (pictures posted below). 

We are asking for the public’s assistance with any information that could lead to a possible suspect or suspects as well as locating the owner of the cat. 

The Le Roy Police Department takes Animal Cruelty seriously and appreciates the public’s assistance in this matter. 

If you have any information, please contact the Le Roy Police Department at (585) 345 6350.

Foiled Again, the richest Standardbred of all time, with driver Jim Morrill Jr. and a fan at Batavia Downs Friday night; photo courtesy of Kevin Oklobzija.

By Tim Bojarski, for Batavia Downs

It was a dark and stormy night in Genesee County as storms blew through the area on Friday night (Sept. 21). But that didn’t deter the multitude of fans of Foiled Again from turning out to witness the richest Standardbred of all time compete at Batavia Downs one last time. 

Prior to the eighth race, everyone in attendance gathered at the fence in anticipation of seeing one of the greatest pacers in the history of the sport.

Foiled Again was in a $10,000 Open II pace that saw him start from post seven and get away fifth, where he would stay until the race approached the three-quarter pole. That's where driver Jim Morrill Jr. pulled him and tried to advance toward the leader. Although Foiled Again raced gamely pacing homes in :28.2 over an off-track, he came up two-lengths short of the win, finishing fourth in 1:53.4. 

After the race, Foiled Again was brought back to the winner’s circle where he stood like a rock star with his caretaker Jordan Miller and his driver Jim Morrill Jr. to greet the hundreds of racing enthusiasts who ran down from all points of the grandstand and clubhouse to see him up close and take his picture. There is no doubt that Facebook accounts all over Western New York will be rife with images of Foiled Again for the foreseeable future. 

Batavia Downs Gaming is very appreciative of Burke Racing, the Weaver Bruscemi partnership, the JJK Stables and trainer Ron Burke for including it as a stop on the Foiled Again Farewell Tour.

The Batavia Blue Devils continued their dominance of opponents this season, this time with a 41-26 win over Windsor.

Ray Leach ran for 230 yards and three touchdowns on 18 carries and added 97 more yards and a TD on four receptions, for 327 all-purpose yards.

Ethan Biscaro was 10-11 passing for 140 yards and two TDs.

Taiyo Iburi-Bethel had a 71-yard touchdown run.

Josh Barber had nine tackles, including a sack. Alex Rood and Ethan Biscaro each had eight tackles and a sack and Biscaro added an interception.

Also on Friday night, Alexander beat Bolivar-Richburg 52-0 and Pembroke lost to Perry/Mt. Morris 30-8.

UPDATE Saturday, Sept.22: Officials corrected the stats for Ethan Biscaro; the story originally stated he had a perfect 10-10 passing. The figure was revised today to 10-11.

Photos by Steve Ognibene.

Le Roy overcame its own mistakes and capitalized on the mistakes of the Red Raiders in a 15-7 win over their archrivals Friday night.

The Oatkan Nights limited Cal-Mum/Byron-Bergen to 146 total yards on offense and snagged four interceptions, which helped negate Le Roy's own turnovers and opportunities squashed by penalties.

Kyler LaCarte rushed for 59 yards and a TD on 23 carries. Jake Hill gained 29 yards on nine carries, and Cineque Robinson scored a TD on three yards. Jake Hill was 12-16 passing for 97 yards. Reece Tresco caught four passes for 34 yards and Cody Lytle caught three for 43.

Anthony Leitten had six tackles and Bobby Locke had five tackles. Lytle had two interceptions. Tresco and Robinson (top photo) pulled down the other two interceptions.

For the Red Raiders, Bryce Yockel gained 106 yards.

To purchase prints of photos, click here.

Press release:

“Everyone knows Chris Collins will not do a good job representing NY27 from a jail cell. He is not going to care about getting a great Farm Bill or making the middle-class tax cuts permanent while contemplating up to a 150-year jail sentence,” Larry Piegza said.

“Republicans who want to vote for an ethical pro-Trump candidate should vote NY Reform Party this year. I have offered to give my congressional salary to charity after I pay for my Washington, D.C., expenses just because I want to show voters that I am not in this for the money.”

The NY Reform Party chose to break from tradition this year and not endorse Chris Collins due to the fact that the Office of Congressional Ethics had “substantial reason to believe” that he had broken the law. Collins was found to have tried to pass legislation in Congress designed to help his company, Innate Immunotherapeutics.

This turned out to be a sound decision as Collins was arrested on a different charge related insider trading concerning the same company.

“I wouldn’t be surprised if a quarter of the Republican Party votes Reform Party in this district this year," stated Charlie Flynn of the Reform Party selection process before Collins’ arrest. "We have the better conservative candidate.”

Recently, Piegza spoke on NPR with Evan Dawson and at “Left, Right and Center,” a political discussion group at the Orchard Park Presbyterian Church. After this appearance, he has seen donations to his campaign pick up. His campaign currently has $220,000 available, double the amount that the Democrat Nate McMurray has on hand. He anticipates that that number will grow if he can get either candidate to debate him.

“I understand why Chris Collins won’t debate me, he has to prepare for his trial and never met with his district since he took office," Piegza said. "What I can’t figure out why Nate seems to have changed from his #DebateNate stance to #NeverDebate.

"I offered to debate him in Batavia two weeks ago. Some reporter should ask him why he won’t. This is an interesting contrast to the fact that I am advocating for an online town hall, where residents can contact me 24/7.”

A two-car accident, unknown injuries but it is blocking, is reported in the area of 3080 W. Main Street Road, Batavia.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:49 a.m.: No injuries. There's a bit of debris in the roadway.

UPDATE 12:12 p.m.: One person being transported to UMMC for evaluation.

Press release:

Nate McMurray, the Democratic and Working Families Party Candidate for New York’s 27th Congressional District, today responded to the launch of Chris Collins’ so-called campaign comprised solely of TV attack ads:

“Right out of the gate, Chris Collins’ so-called campaign has nothing to do with Chris Collins. There’s a reason: there’s nothing to brag about while their guy is out on bail. This ad is desperate, it’s untruthful, and no one’s going to fall for it. I can’t believe they thought it was a good idea to start with this.

“I won’t shy away from the fact that I speak a foreign language, that I’ve been on the front lines of the trade war that’s redefining our economy, and that I’ve been fighting FOR American workers. Do you think I’d have the support of the local and national labor community if I was going to ship jobs to Asia? Of course not.

“I’ll use every experience I’ve got to fight for this district. No can play me in Warsaw or Washington, Beijing or Batavia.

“If this is the best they’ve got, bring it."

In 2003, Nate was awarded a Fulbright Scholarship to study the development of democracy in the Constitutional Court of Korea. He worked to represent U.S. farmers and U.S. manufacturers ensuring that they had an opportunity to feature their products in Korean stories, helping create jobs back here at home.

About Nate McMurray

Nate McMurray is a native of North Tonawanda. He’s a family man, an Eagle Scout. He is also one of seven children raised by his widowed mother when his father died of cancer at the age of 39. Nate worked his way through community college, earned a bachelor’s degree at SUNY-Buffalo, then went on to law school and a successful career in business.

For the last two years, he’s served as town supervisor of Grand Island, a conservative community in Western New York, where he has been instrumental in bringing fiscal responsibility to local government and millions of dollars in new business investment to the town. For more on Nate McMurray and his campaign for Congress in NY-27, visit www.votemcmurray.com.