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'A life sentence of eternal sadness' for Paladino family; 20-years-to-life for the man who killed him

By Howard B. Owens

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Michael Paladino, who would have turned 44 years old today had he not been murdered by Quinten J. Edmonds on June 1, 2019, was remembered today in County Court as a loving son, brother, and father, but his aunts and mother, who each asked that Judge Charles Zambito give the lifelong criminal the maximum prison term available.

And so Zambito did, 20-years-to-life.

There was no expression of sympathy from the judge, even in response to an apology from Edmonds -- who didn't just react in the heat of the moment to Paladino's attempt to protect two women Edmonds was attacking: he took the time and effort to go to the apartment of an acquaintance on Ross Street and retrieve a knife.

“For whatever reason, you thought you had a score to settle with him," Zambito said. "You say you didn’t intend to kill him but when you stab somebody that many times with a knife, I don’t see how it can be reasonably viewed that you didn’t know he wouldn’t die from those injuries.”

Edmonds had told Zambito minutes before, "I take full responsibility for what happened and I apologize to the victim’s friends and family and to my family. This isn’t who I was raised to be and I didn’t intend to take anybody’s life that night. I was drinking and I took the situation too far and I’m sincerely sorry."

Family members said they will never recover from the death of Paladino.

"The loss of Michael has hurt our family beyond words," said Carol DiFrancisco, an aunt. "There are no more birthday parties, backyard parties, holidays, or other gatherings that will be the same. Our family is forever broken."

At the close of her statement, she said, "Quinten Edmonds has given Michael’s loving family a life sentence of eternal sadness.”

His aunt Nancy Elmore said, "He was a big man, not just from a physical standpoint but from the kindness of heart. His actions on June 1, 2019, will tell you that. Rendering aid to people he didn’t even know without regard to his own safety shows he was a kind, gentle, caring man."

The sister of Paladino's mother, Barbara Fay, read a statement on her behalf.

She said, "The pain will never go away for any of us. I don’t know how I could survive this if not for my loving family you see here. It helped me survive and pushed me forward."

She called Edmonds a brutal criminal who has no regard for human life.

"He should never walk free again to repeat his actions."

The family vowed to show up at his first parole hearing in about 20 years to oppose his potential release.

Throughout today's hearing, except when he was speaking, Edmonds sat motionless in his chair at the defense table and stared straight ahead. He never looked at any of the other speakers.

District Attorney Lawrence Friedman also asked that Edmonds be shown no leniency in sentencing. He questioned Edmonds' claims that he was too intoxicated to know what he was doing and that he didn't intend to kill Paladino.

“He said he got the knife to scare Mike," Friedman said. "He didn’t need to scare Michael Paladino. He was the aggressor in this case and when he got to the corner he could have left. He did not and he got the knife because he intended to kill Michael Paladino."

Edmonds claims he was intoxicated, Friedman explained to Zambito, but he had the presence of mind to know to go to a residence he had been to before. He knew the residence well enough to know where to find a knife in the kitchen. Later, when Edmonds recounted events in his interview with a probation officer, he recalled details that are consistent with what witnesses said and the police investigation showed.  

“There is no indication he was so intoxicated that he was incapable of planning a murder," Friedman said.

Friedman said Zambito's decision was all about how long he wanted to protect society from a person who is committing such a horrible crime.

Defense Attorney Fred Rarick did not request for his client anything other than the sentencing recommendation agreed to at the time of Edmonds' guilty plea in August. He says, however, while acknowledging that his statement would be subject to misinterpretation, that perhaps something good could come from the events of June 1: That rather than first jump into a situation where people are fighting and yelling, people should call 9-1-1 first. If Paladino had done that, Rarick said, perhaps this whole outcome could have been avoided.

That drew a bit of a rebuke from Zambito when he spoke.

“I trust Mr. Rarick is not trying to blame Michael Paladino because that would be an injustice.”

Zambito acknowledged that Edmonds had a difficult childhood. He didn't have a father. His mother struggled to raise him but, Zambito said, Edmonds had a "loving grandmother who tried to raise him right."

Even so, Edmonds' criminal history became when he was 12 years old and he then spent the next 20 years either confined or awaiting confinement.

“You had many opportunities to deal with those issues, issues you had to know you had, and you never did," Zambito said. "That one is on you. It’s one thing to say you come from a difficult background, you were brought up in difficult circumstances. But life isn’t fair and at some point you had to recognize you have a problem. You don’t deserve to live in the community. You’re too much of a risk, too much of a danger to the rest of us and to people like Michael Paladino.”

NOTE: At the end of the proceedings, DA Lawrence Friedman informed the court that during the pretrial sentencing investigation, a records check in Monroe County by the probation department found that the correct spelling of the defendant's first name is "Quinten." He moved to have all court documents corrected. Contrary to previous reports, we've used the spelling "Quinten" in this story.

Sentencing delayed for man who pled guilty in Amber Alert case

By Howard B. Owens

A man accused of taking a teenage girl across state lines was scheduled for sentencing in Genesee County Court today but when his appearance time came, he wasn't in court.

It turns out Guillermo Torres-Acevedo was confused about his sentencing agreement and didn't want to appear until he spoke with the attorney representing him in Federal Court.

He couldn't reach his attorney, Alexander J. Anzalone, a Federal public defender, who was away from his phone because he was in County Court waiting for Torres-Acevedo.

Once the confusion was cleared up, Torres-Acevedo was transported by a deputy from the jail to the courthouse.

Torres-Acevedo was not sentenced today because he has not been sentenced yet in Federal Court, where he's facing from 70 to 96 months in prison.

The 23-year-old Batavia resident, who entered a guilty plea in early December to rape in the second degree, apparently thought he couldn't be sentenced in County Court until after he was sentenced in Federal Court; however, that wasn't the actual plea agreement. His sentencing locally was delayed until after his originally scheduled appearance before a Federal judge but there was no promise that his sentencing would come after that appearance.

His local attorney, Thomas Burns, asked that sentencing for Torres-Acevedo be delayed not just because a locally imposed sentence could affect the upper end of the possible sentence in Federal Court, but also because there are documents he and Anzalone are trying to obtain that could impact the decisions of the judges in both jurisdictions on the defendant's possible sentence.

Burns said both attorneys recently became aware of information that indicated Torres-Acevedo was neglected and abused as a child in Puerto Rico.  Both attorneys are seeking time to obtain documentation from Puerto Rico that would substantiate this claim and that information could have a bearing on sentencing.

Judge Charles Zambito granted the request to delay sentencing to 9 a.m. April 20 but warned Torres-Acevedo that he wouldn't wait indefinitely for the documents to be produced or for a Federal judge to issue a sentence. Zambito said he could very well go ahead with sentencing in April even if the other issues haven't been resolved.

As a precaution, at the request of District Attorney Lawrence Friedman, Zambito signed a "drag order," giving deputies permission to bring Torres-Acevedo to court by force if necessary on April 20. Burns didn't oppose the order but said that since today's initial refusal to appear was just a misunderstanding he was certain the drag order would be unnecessary. 

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Two Rochester men released without bail after allegedly fleeing police appear in City Court today as ordered

By Howard B. Owens
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     Denzell Johnson        Shafatiah Miller

Two Monroe County residents, Denzell Johnson and Shafatiah Miller, fled police in the area of Ellicott Street and South Swan one night last month following an attempted traffic stop.

They were eventually captured and Johnson was charged with criminal possession of a weapon on school grounds, obstruction of governmental administration and unlawful fleeing a police officer.

Both men, under the terms of New York's bail reform initiative, were issued appearance tickets.

Social media wags said it was the last we would see of them in Genesee County.

Today, promptly at 1 p.m., they were both in City Court for their arraignments.

Both entered not guilty pleas and were ordered to return to court on March 12.

Judge Durin Rogers placed them on nonmonetary restrictions, such as a requirement to report to Genesee Justice and to report in as requested by the agency. Miller was given a curfew for 7 p.m. to 6 a.m.

Both were admonished that failure to comply with the court order could result in additional nonmonetary restrictions.

Law and Order: Man accused of filching from Walmart then attempting to pawn the loot

By Billie Owens

Thomas J. Leonard, 36, no permanent address, is charged with falsifying business records in the first degree, petit larceny, and conspiracy in the sixth degree. Leonard was arrested at 6 p.m. on Feb. 13 on an arrest warrant out of Town of Batavia Court. The warrant stems from an investigation into a larceny that occurred at Walmart. It is alleged that Leonard stole property from Walmart, then attempted to pawn the property at Pawn King Pawn Shop and falsified business records in the process. He was arraigned in Batavia Town Court, then released on his own recognizance. He is due to return to court on March 17. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien. The arrest was made by Deputy Erik Andre with the assistance of Batavia Police Officer Christopher Lindsay.

Christopher Michael Sims, 31, of Manhattan Avenue, Batavia, is charged with: driving while intoxicated, with a prior conviction within 10 years; parking on a highway; having an uninspected motor vehicle; and refusing to take a breath test. Sims was arrested at 5:46 a.m. this morning (Feb. 14) on Dubline Road in Bethany after a traffic complaint. It is alleged that Sims was driving a vehicle while intoxicated by alcohol after being found unresponsive parked in the roadway. He was processed at the jail and released on appearance tickets. He is due in Bethany Town Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Jordan Alejandro.

Kyle Christopher Madden, 26, of Lake Street Road, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Madden was arrested at 12:18 p.m. on Feb. 13 at an apartment on Lake Street Road in Le Roy during an investigation of an unrelated matter. He was released with an appearance ticket and is due in Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Christopher Parker.

Law and Order: Hutchins Street teen charged with second-degree rape

By Billie Owens

Adrian R. Laird, 18, of Hutchins Street, Batavia, is charged with second-degree rape. Laird's arrest stems from an alleged incident on Hutchins Street in Batavia at 8 p.m. on Jan. 10. He was arraigned in Batavia City Court on Feb. 10 and is to return there at 9 a.m. on Feb. 13. The case was investigated by Batavia Police Detective Matthew Wojtaszczyk.

Gregory Seppe (inset photo, left), 61, of Pringle Avenue, Batavia, is charged with endangering the welfare of a child and second-degree burglary. He was arrested at 11:39 a.m. on Feb. 8 in the 100 block of State Street by Batavia Police Officer Peter Post after he allegedly pushed his way into a local residence while attempting to sell drugs. Seppe allegedly refused to leave after being asked to do so multiple times by the tenants. Seppe was released on an appearance ticket and is due in Batavia City Court on Feb. 13. Batavia Police Officer Stephen Quider assisted in the case.

Alexis V. Finnin, 31, of Washington Avenue, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation of an incident on East Main Street in Batavia at 8:38 p.m. on Sept. 14. It is alleged that at that time she was intoxicated/impaired to the point of not being able to adequately supervise a 5-year-old child, thereby subjecting the child to risk of physical, mental and moral harm. She was released on an appearance ticket and was due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Jason Ivison.

Tanya Lee Captain, 32, of Darien, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or more; DWI -- first offense; criminal mischief -- intentionally damaging property; and failure to stop at a stop sign. She was arrested at 11:57 p.m. Feb. 11 in Alexander after an incident was investigated that occurred on Pike Road in the Town of Batavia. She was issued an appearance ticket and is due in Alexander Town Court on Feb. 18. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy John Baiocco.

Michelle L. Sahr, 52, of North Main Street, Albion, is charged with second-degree harassment. She was arrested on a warrant out of Batavia City Court after she was located by Albion PD on an unrelated matter. She was processed at Batavia PD and released on an appearance ticket for Feb. 13 in city court. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Miah Stevens.

Debra Lynn Mattoon, 40, of Batavia Oakfield Townline Road, Oakfield, was arrested and charged with petit larceny at 4 p.m. Feb. 7. It is alleged that she stole merchandise from Tops Friendly Market in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Mitchell Cowen.

Oakfield man accused of fleeing police through Batavia, Oakfield, and Alabama

By Howard B. Owens

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An Oakfield man is accused of fleeing from police after a deputy attempted a traffic stop for an alleged expired registration early yesterday morning in the Town of Batavia.

Jonathan F. Suggs, 37, of Lewiston Road, Oakfield, faces multiple charges in three towns after leading police on a chase through Batavia, Oakfield, and Alabama, where Suggs eventually stopped, according to a Sheriff's Office press release.

The suspect was released on an appearance ticket.

Deputy James Stack attempted to stop a 2016 Jeep Cherokee at 1:30 a.m. yesterday. Suggs was later identified as the driver. Once he stopped, he was taken into custody without further incident.

He is charged with: unlawfully fleeing a police officer; aggravated unlicensed operation in the third degree; failure to yield right of way to an emergency vehicle; speeding; and other vehicle and traffic violations.

He is scheduled to appear in: Town of Batavia Court at 1 p.m., March 12; Oakfield Town Court at 6 p.m., March 2; Alabama Town Court at 6 p.m., March 11.

Law and Order: Corfu man arrested after domestic incident

By Billie Owens

Alexander Edward Seegar, 30, of East Main Street, Corfu, is charged with endangering the welfare of a child and unlawful imprisonment in the second degree. He was arrested at 8:45 p.m. on Feb. 6 following the investigation of a domestic incident that occured at 2:30 p.m. that afternoon. It is alleged that Seegar acted in a manner likely to be injurious to a child under age 17 and that he prevented a person from being able to leave the incident by restraining tham. Seegar was arraigned in Village of Corfu Court and released. He is due back there on March 2. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Thomas J. Wolcott, 35, of Buffalo Street, Bergen, is charged with second-degree harassment and obstruction. He was arrested after a disturbance at 7:10 a.m. Feb. 5 on Bank Street in Batavia. He was processed at Batavia Police Headquarters and arraigned in Batavia City Court. He was then released on his own recognizance and is due back in court on Feb. 11. The case was handled by Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Anthony Wade Travis, 56, of South Street Road, Le Roy, is charged with unauthorized use of a vehicle without the owner's consent, and grand larceny in the third degree -- a Class D felony. He was arrested and arraigned in Le Roy Town Court on Feb. 7 for allegedly using a vehicle without permission at 7:07 p.m. on Jan. 18 in the 9300 block of South Street Road in Le Roy. Travis is due to return to Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Andrew Mullen.

John Patrick Cummings, 39, Dodgeson Road, Alexander, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; failure to use designated lane; failure to keep right (on a two-lane road); and failure to stop at a stop sign. Cummings was arrested at 1:37 a.m. on Feb. 5 on Ross Street in Batavia. Batavia Police Officer Nicole McGinnis noticed a vehicle that was driving erratically and she stopped it. After an investigation, Cummings was arrested on the charges. He was issued multiple tickets and is due to be arraigned in Batavia City Court on Feb. 19. McGinnis was assisted by Officer Joshua Girvin.

Jacob M. Paige, 19, of Bank Street, Batavia, is charged with criminal contempt in the second degree. Paige was arrested after allegedly being found in the presence of a protected party at 8:11 a.m. on Feb. 4 on Bank Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Felicia DeGroot.

Criminal released because of bail reform faces another set of stolen property charges

By Howard B. Owens
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         Daniel Lewis

A 23-year-old man who was released from custody in December after entering a guilty plea to stolen property charges and went on an apparent crime spree starting New Year's Day is facing new charges.

Daniel Jon Lewis, sometimes of Lima, sometimes of North Chili, also listed in arrest reports with no permanent address, has been charged with five counts of criminal possession of stolen property, 5th.

The property was allegedly stolen from vehicles in Stafford prior to Jan. 28 when the Sheriff's Office received complaints about items being stolen.

Lewis was arrested in Pavilion on Memorial Day after he and another person were found sleeping in a car that was filled with stolen property. In December, Lewis entered a guilty plea to criminal possession of stolen property in the fourth degree as a second felony offender and as a result, he faces a minimum prison sentence of one and a half to three years and a maximum sentence of two to four years.

However, citing the bail reform law that would be implemented in New York before sentencing, Judge Charles Zambito released Lewis from custody. Lewis would have been released from custody on Jan. 1 under terms of the bail reform law.

New accusations against Lewis for alleged crimes that took place in January:

The Stafford crimes were investigated by Investigator Chad Minuto, Deputy Austin Heberlein, Deputy Ryan DeLong, Deputy Brook Cummins, Deputy James Stack, Deputy Chris Erion, and Trooper Hersee (first name not provided).

Law and Order: Man accused of kicking door and damaging property on Tinkham Road in Darien

By Billie Owens

Donald Eugene Missel, 69, of Mill Road, West Seneca, is charged with fourth-degree criminal mischief. At 4:48 p.m. on Feb. 6, Missel allegedly kicked a door and caused damage to a person's property in the 10000 block of Tinkham Road in Darien. Missel was arraigned in Darien Town Court at 10:25 that evening and released on his own recognizance. He is due back in Darien Town Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Mathew Clor.

Travis George Hawley, 28, of Willow Street, Rochester, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; being an unlicensed driver; and moving from lane unsafely. At 7:51 a.m. on Feb. 1, the Genesee County Emergency Dispatch Center received a report of a car vs. pole accident on Bloomingdale Road in the Town of Alabama. An investigation at the scene allegedly determined that Hawley was driving while intoxicated. He was issued appearance tickets returnable to Town of Alabama Court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Deputy Travis DeMuth.

Tonya Weber Jackson, 35, of Liberty Street, Batavia, was arrested on a bench warrant out of Batavia City Court on Feb. 2. She was located at a residence on East Avenue in Batavia and arraigned in city court on Feb. 6. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Orin Ardell Dinkins, 47, of Glenville Drive, Rochester, is charged with unlawful possession of marijuana and operating a motor vehicle with a suspended registration. Dinkins was arrested following a traffic stop at 1:41 p.m. Feb. 5 on Oak Street in Batavia. He was issued appearance tickets and is due in Batavia City Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Law and Order: Liberty Street man accused of stealing from deli

By Billie Owens

Joshua S. Martaus, 36, of Liberty Street, Batavia, is charged with petit larceny. Martaus was arrested after an investigation into a larceny at Southside Deli, located at 300 Ellicott St. in Batavia, at 7:29 p.m. on Jan. 26. The defendant was released on an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Kelly A. Kasper, 49, of Judge Road, Oakfield, is charged with: failure to keep right; driving while intoxicated -- first offense; operating a motor vehicle while having a  BAC of .08 percent or more; and drinking alcohol in a motor vehicle while on a highway. Kasper was arrested at 1:10 a.m. Feb. 1 on Bank Street in Batavia after a traffic stop. Kasper was released on appearance tickets and is due in City of Batavia Court on Feb. 19. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Nicole McGinnis.

Rae C. Cook, 30, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. Cook was arrested at 8:40 p.m. on Jan. 31 after allegedly violating an order of protection on Liberty Street. Cook is due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Christopher Lindsay.

Antonio Javier Santiago, 23, of River Street, Batavia, is charged with unlawful possession of marijuana in the second degree and a muffler violation. On Jan. 30 at 7:52  p.m. Santiago was the operator and sole occupant of a vehicle that was stopped on Ellicott Street in Batavia for allegedly having a muffler/exhaust violation. Upon investigation, it was allegedly discovered that Santiago possessed a quantity of marijuana. He was arrested and issued appearance tickets. He is due in Batavia City Court on Feb. 12. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Law and Order: Pair of DWI arrests

By Billie Owens

Gerald Richard Soule Jr., 28, of Woodstock Lane, Brockport, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or more; speeding -- going more than 55 mph; and refusal to take a breath test. Soule was arrested after a traffic stop on Clinton Street Road in Bergen at 1:37 a.m. on Feb. 1. He was given traffic tickets and is to appear in Bergen Town Court on Feb. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jordan Alejandro.

Merrill Phillip Anthony, 46, of Bernd Road, Pavilion, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; speed not reasonable and prudent; and failure to obey a traffic control device. At 2:23 a.m. on Jan. 25, Genesee County Sheriff's deputies received a call about a vehicle off the road in the 6900 block of Junction Road in the Town of Pavilion. Upon arrival, they found the driver and sole occupant, Anthony, attempting to drive his vehicle out of a ditch. Upon further investigation, Anthony was arrested on the charges. He is due in Pavilion Town Court on Feb. 4. The case was handled by Deputy Brock Cummins, assisted by Deputy Austin Heberlein.

The lurid tale of a body snatcher from Elba -- 'Digging Doctor Page'

By Rob Thompson

On April 19, 1862 a local paper reported “Grave Robbed in Batavia -- Great Excitement.” The story begins on Feb. 20th of that year when 20-year-old Mary Buchanan was buried in the village cemetery, having died from what is believed to been consumption (tuberculosis, or "TB").

Young Mary’s mother is reported to have had dreamt on three occasions that her daughter had been exhumed from her eternal rest. To calm her anxiety, she visited her daughter's grave to discover that her dreams were true; the grave was empty.

“The body had been taken, and from the state of the clothes in the coffin it was evident that they had been torn off of the body by sacrilegious hands.”

Sheriff's deputies arrived and evidence was soon discovered pointing, as many believed, to a medical student named Forrest Page; parts of the remains of Mary Buchanan were discovered at a location where he resided.

Page was arrested by Deputy Hull and held on substantial bail.

It was in all actuality John Harding Page from the Town of Elba who was held to account.

The charge as taken from the court records of June 23, 1862 said: [paraphrased]

“John H. Page of the Town of Elba on the Twenty Fifth day of February in the year of our Lord one thousand eight hundred and sixty two…with force and arms did enter the public burying ground…did enter the grave there of Mary Buchanan and with force and arms unlawfully, willfully and indecently did dig, open and carry the body of Mary Buchanan from the grave for the purpose of dissection.”

He was indicted and admitted to being a medical student studying under a Dr. Root, of Batavia, and later coroner.

His trial was held in Genesee County beginning in the summer of 1862.

Page’s counsel, William Bryan, said that if his client was ever in the possession of any body unlawfully it was for aiding in his medical education.

Soon after the indictment was handed down “the Surgeon General in Washington, being in great need of medical assistances in U.S. hospitals because of the Civil War, interviewed Page for a Medical Cadet [but he was found in eligible]. He did however receive an appointment as an assistant surgeon with the U.S. Volunteers and was assigned to Ft. Scott in Kansas, Department of the Borders; this was in January of 1864.

The bail I believe was $1,000, approximately $25,000 in 2020 money. It appears, and I’ve not been able to completely prove, that he may have "jumped" bail and gone west with the Army. I found no disposition of the case.

Page -- whom some dubbed "Digging Doctor Page" aka "The Body Snatcher" -- died circa 1920.

Ones Forrest Page spent considerable time and effort during his lifetime trying to restore his notorious brother's reputation.

  • Here is a link to a letter written by then Genesee County Coroner Dr. John Root to the Batavia Times verifying that John Harding Page was a medical student of his.
  • Here is a link to a letter by Dr. John Root vouching for the abilities and qualifications of John Harding Page to serve as a surgeon.
  • Here is a link to a letter from Dr. John Root to the Surgeon General asking to appoint John Harding Page to the Medical Corps. This was at or about the time Page's trial was going on. Page was subsequently rejected.
  • Here is a link to a friendly, supportive letter to John Harding Page written Aug. 11, 1862 by Dr. John Root, explaining the situation back here in Batavia. At this point Page was, or appears to be, in Kansas.
  • Here is a link to a four-page letter written to John Harding Page from his brother, Forrest Page; it shows the brother petitioned the Lieutenant Govenor for John Harding Page to be a Medical Cadet.

(Historical photos courtesy of Rochelle Wyatt, who is married to Dr. Page's grandson​.)

City Sixth Ward meeting on Crime Task Force and public safety is Tuesday at City Hall

By Billie Owens

Press release:

There will be a Sixth Ward meeting held at 6:30 p.m. on Tuesday, Feb. 4th in the Council Board Room on the second floor of City Hall.

Council Member Rose Mary Christian would like to discuss progress of the Crime Task Force and opportunities to organize a neighborhood group to design and improve residents' safety.   

Martin D. Moore, Ph.D., City Manager

New charges for man who allegedly went on crime spree after release from jail because of bail reform

By Howard B. Owens
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        Daniel Lewis

The Genesee County Sheriff's Office this morning announced additional charges against a man who was released from custody in early December because of the new cashless bail system and since at least Jan. 1 has allegedly been involved in a crime spree in Batavia.

The new charges against 24-year-old Daniel Jon Lewis include eight counts of criminal possession of stolen property, 4th, 13 counts of criminal possession of stolen property, 5th, and unlawful possession of a personal identification number.

Deputies Jordan Alejandro and James Stack arrested Lewis this morning as the result of an investigation of an incident reported at 11:53 p.m., Jan. 24. On that date, Lewis was taken into custody following a foot pursuit in the Haven Lane area of the Town of Batavia and deputies received a report of a man trying to gain entry into vehicles in the area of Rollin Circle East.

When Lewis was taken into custody, he was allegedly found in possession of a number of items believed to have stolen from parked vehicles, including credit cards and a checking account number.

At the time of his arrest this morning, Lewis was being held in the Genesee County Jail on a robbery charge. Lewis is accused of using a knife to menace and take property from a person on Bank Street on New Year's Day. Lewis was charged two days ago with the robbery following an investigation. Under the bail reform law, robbery is a qualifying offense for bail, so unlike the other alleged crimes of January, authorities were able to hold Lewis.

The night before the alleged Jan. 24 incident, Lewis was charged with grand larceny for allegedly stealing a vehicle on Jan. 3 in the Town of Batavia. On that charge, Lewis was released on an appearance ticket.

On Jan. 25, a person stole a Spectrum work truck and following a pursuit on Oak Street, managed to evade capture. Chief Shawn Heubusch said Lewis is a person of interest in that incident.

On Dec. 6, Lewis entered a guilty plea to criminal possession of stolen property. The charge stemmed from his arrest in Pavilion earlier in 2019 where he and another person were found sleeping in a vehicle that contained a cache of stolen property, apparently taken from unlocked vehicles. He has not yet been sentenced on that charge but because of the bail reform law, Judge Charles Zambito released Lewis from custody pending his sentencing.

Vehicle pursuit in progress on the east side of the city

By Howard B. Owens

Police are in pursuit of a vehicle on Clinton Street Road, Batavia, heading into the City.

The vehicle left the roadway in the area of Terry Hills. Several mailboxes were knocked down, according to the dispatcher.

An officer reported that it stopped near East Main but then it apparently took off again.

UPDATE 6:46 p.m.: An officer reports the driver is passed out behind the wheel at Clinton Street Road and Terry Hills Drive. Mercy EMS is dispatched for a possible overdose.

Since being released from jail due to bail reform, man charged with two more crimes, person of interest in Spectrum truck theft

By Howard B. Owens
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       Daniel Lewis

Daniel Jon Lewis got his get-out-of-jail-free card on Dec. 6 after pleading guilty to criminal possession of stolen property.

Judge Charles Zambito reasoned that Lewis would be eligible for release Jan. 1 under terms of New York's bail reform law and that Lewis apparently could live with his father in North Chili while awaiting sentencing on his felony conviction, that Lewis should be released from custody that day.

Today, Lewis was arrested on a charge of robbery in the first degree and menacing for allegedly using a knife to steal property from a person on Bank Street, Batavia, on New Year's Day.

Lewis was arrested Jan. 23 and charged with grand larceny for allegedly stealing a vehicle Jan. 3 in the Town of Batavia.  

Following that arrest, he was released on appearance ticket in accordance with New York's new law.

Chief of Police Shawn Heubusch confirmed this evening that Lewis is also a person of interest in the theft of a Spectrum work truck. The suspect in that case fled after being spotted in the truck.

When Lewis was arrested Jan. 23, his listed address was on Genesee Street in Lima. In the arrest announced today, he is listed as having "no permanent address."

He is currently being held in the Genesee County Jail on the robbery charge. Robbery is a qualifying offense, under the new state rules, for bail.

The Jan. 1 robbery was investigated by Officer Stephen Cronmiller and Det. Jason Ivison.

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Hawley backs law enforcement and cites safety concerns in condemning Cuomo's call for more prison closures

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today criticized Gov. Cuomo’s new proposal to close several more unspecified prisons as part of the 2020-21 Executive Budget. Hawley, backing concerns of the New York State Correctional Officers and Police Benevolent Association (NYSCOBA), chastised the governor for continuing to erode public safety by proposing to close more prisons. 

“Whether it’s staying mum while bail-less crime laws put violent offenders back on the streets, supporting a pay raise for incarcerated felons, giving tablets to prisoners, voting rights for parolees, granting driver’s licenses to illegals or closing more prisons, this governor is on the wrong side of virtually every public safety issue imaginable and single-handily putting the public at risk,” Hawley said. 

“We are going to see more riots and more inmate attacks on corrections officers, as double bunking and overfilled prisons cause more violence. I stand firmly against these prison closures and will advocate against any more prison closures as budget talks move forward,” Hawley continued.

The governor cited a rapid decline in the state prison population and a changing economic development strategy focused less on prisons as the driving economic factor in his proposal. Gov. Cuomo closed Livingston Correctional Facility and Lincoln Correctional Facility last year. 

“The members of NYSCOBA are some of the bravest and most resilient law enforcement officers our state has, and increasing inmate populations at maximum security establishments puts them in more danger,” Hawley finished. “Our NYSCOBA officers are crucial to keeping our prisons safe and orderly but also protecting the surrounding community, and I will always stand with them against perilous and misguided proposals like these.”

Ranzenhofer offers facts and info about new cashless bail law

By Billie Owens

Press release from Senator Mike Ranzenhofer:

As we continue to debate the new cashless bail law, I have received several questions regarding what specific changes took place and what crimes are no longer eligible for bail. (See list below.)

According to some estimates, approximately 90 percent of all crimes are no longer eligible for bail. Supporters note that it is necessary to address inequities in our criminal justice system and that the vast majority of offenders are not being accused of violent crimes.

As I have stated several times, there were serious concerns with certain aspects of our criminal justice system. I strongly believe that those accused of crimes should receive a speedy trial, as is mandated by the Constitution. The accused should not be forced to sit in jail for months awaiting trials and hearings over minor offenses because they cannot afford to pay a relatively small amount of bail. However, the answer should be investing in local court systems, not simply letting dangerous offenders run free.

Perhaps the new law’s biggest flaw is removing judicial discretion to consider “dangerousness” when determining bail. Judges must also opt for the least restrictive pretrial condition. Prohibiting bail and mandating that an offender be released back to the streets, when a judge or law enforcement believes they are a danger to the public is simply outrageous.

In addition, far too many crimes no longer qualify for bail. For your convenience, I have included a list of crimes, compiled by the State District Attorneys Association of crimes that no longer qualify for bail under the 2019 Criminal Justice Laws. I have also included several recent news stories from across the state discussing the impact that these laws are having on communities.

Throughout my time in government, I have never seen an issue with such universal, bipartisan calls for reform, across every region of the state. This speaks volumes to me about the real need for change.

Sincerely, 

Mike Ranzenhofer

State Senator -- 61st District

Offenses that no longer qualify for bail in New York State

Source: the District Attorneys Association of the State of New York

  • Assault in the third degree
  • Aggravated vehicular assault
  • Aggravated assault upon a person less than eleven years old
  • Criminally negligent homicide
  • Aggravated vehicular homicide
  • Manslaughter in the second degree
  • Unlawful imprisonment in the first degree
  • Coercion in the first degree
  • Arson in the third and fourth degree
  • Grand larceny in the first degree
  • Criminal possession of a weapon on school grounds or criminal possession of a firearm
  • Criminal possession of a controlled substance in the first and second degree
  • Criminal sale of a controlled substance in the first and second degree
  • Criminal sale of a controlled substance in or near school grounds
  • Specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child
  • Criminal solicitation in the first degree and criminal facilitation in the first degree
  • Money laundering in support of terrorism in the third and fourth degree
  • Making a terroristic threat
  • Patronizing a person for prostitution in a school zone
  • Promoting an obscene sexual performance by a child
  • Possessing an obscene sexual performance by a child
  • Promoting a sexual performance by a child
  • Failure to register as a sex offender
  • Obstructing governmental administration in the first and second degree
  • Obstructing governmental administration by means of a self-defense spray device
  • Bribery in the first degree
  • Bribe giving for public office
  • Bribe receiving in the first degree
  • Promoting prison contraband in the first and second degree
  • Resisting arrest
  • Hindering prosecution
  • Tampering with a juror and tampering with physical evidence
  • Aggravated harassment in the first degree
  • Directing a laser at an aircraft in the first degree
  • Criminal possession of a weapon in the fourth degree
  • Criminal sale of a firearm to a minor
  • Enterprise corruption and money laundering in the first degree
  • Aggravated cruelty to animals, overdriving, torturing and injuring animals
  • Failure to provide proper sustenance
  • Animal fighting

Bail Changes in the News

https://nystateofpolitics.com/state-of-politics/new-york/ny-state-of-politics/2020/01/24/q-and-a--5-questions-surrounding-new-york-s-cash-bail-law

 https://www.wkbw.com/news/local-news/unintended-repercussions-of-bail-reform-in-the-city-of-tonawanda

 https://www.washingtonexaminer.com/news/ny-police-arrest-six-suspects-in-7m-drug-ring-judge-releases-them-without-bail

 https://wben.radio.com/articles/cash-bail-eliminated-for-people-accused-of-some-crimes

https://buffalonews.com/2019/12/16/state-bail-reform-law-draws-fire-from-local-towns/

 https://www.wamc.org/post/manslaughter-suspect-released-under-nys-criminal-justice-reform

 https://nypost.com/2020/01/13/every-day-brings-a-new-poster-boy-for-nys-disastrous-new-bail-law/

Two men from out of the area, one with a gun, who fled police, released on appearance tickets

By Howard B. Owens
johnsonmug2020.jpg
millermug2020.jpg
     Denzell Johnson      Shafatiah Miller

Two Monroe County residents who fled from police after an attempted traffic stop Thursday night, who are now facing multiple felonies, including a weapons charge, were released on an appearance ticket per New York's bail reform law shortly after they were apprehended.

Denzell A. Johnson, 27, of Orange Street, Rochester, and Shafatiah H. Miller, 26, of Lake Avenue, Rochester, were reportedly in a vehicle on Ellicott Street when Deputy Ryan DeLong and Investigator Pete Welker, working as part of a coordinated enforcement detail, tried to initiate a traffic stop for an alleged traffic violation at 8:16 p.m.

The vehicle reportedly turned south onto Otis Street in an attempt to evade police and drove through a yard in the area of 255 S. Swan St. where the occupants jumped from the moving vehicle and ran. The suspects ran in different directions and officers engaged in a foot chase, with one of the suspects running across Jackson School property. Both suspects were located and taken into custody. The vehicle came to rest without incident.

Johnson allegedly had a handgun and a quantity of a controlled substance on him at the time of his capture.

He is charged with:

  • Criminal possession of a weapon on school grounds, a Class E felony;
  • Criminal possession of a firearm, a Class E felony;
  • Obstruction of governmental administration 2nd;
  • Unlawful fleeing a police officer;
  • Two counts of criminal possession of a controlled substance, 7th;
  • Displaying a forged certification of inspection;
  • Inadequate lights;
  • Unlicensed operation;
  • Two counts of failure to stop at a stop sign; and,
  • Insufficient turn signal.

Miller is charged with:

  • Criminal possession of a controlled substance 3rd, a Class B felony;
  • Two counts of promoting prison contraband, 1st, a Class D felony;
  • Promoting prison contraband, 2nd; and
  • Unlawful possession of marijuana, 2nd.

Both suspects are expected in City Court at 1 p.m., Feb. 18.

Additional charges are pending further investigation.

Participating in the coordinated enforcement effort on Thursday were the Local Drug Task Force, Sheriff's Office, Batavia PD, Le Roy PD, the Department of Environmental Conservation, NYS Probation, NYS Parole.

Rochester man pleads guilty drug and weapon charges

By Howard B. Owens
jonesfeb23209mug.jpg
       Darius Jones

A man facing a pair of felony indictments will likely serve seven and a half years in prison under terms of a plea deal he agreed to in Genesee County Court today.

Darius Jones, 27, of Rochester, entered a guilty plea to the lesser included offense of criminal sale of a controlled substance, 5th. (He was originally charged with the same crime in the third degree.) He faces two-and-a-half years in prison for that conviction. He admitted in court that he possessd a controlled substance in the City of Batavia on Feb. 22 with the intent to sell it.

Jones also faced a weapons charge stemming from a traffic stop where a pistol was found under the seat of the car he was sitting in.

To a charge of attempted criminal possession of a weapon, 2nd, Jones entered a guilty plea on an Alford basis, which means Jones told Judge Charles Zambito that he couldn't admit to the facts of the crime as charged but he realizes that based on the evidence presented by the prosecution, he would likely be convicted at trial. The Alford plea affords Jones the opportunity to accept a plea deal without admitting to the crime in order to receive the benefits of a plea offer.

On the weapons charge, Jones will likely be sentenced to five years in prison.

The two terms will run consecutively.

Jones also admitted to being a second felony offender and a second violent felony offender. He was convicted of grand larceny in Monroe County in 2014 and of criminal possession of a weapon in Monroe County in 2010.

Pending sentencing, Jones was released from jail on his own recognizance, with no objection from District Attorney Lawrence Friedman. Sentencing is set for 9:30 a.m., April 6.

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