New York's rules on discovery, or evidence that must be shared with opposing attorneys in criminal cases, are still a work in progress, County Court Judge Donald O'Geen suggested on Friday during hearings in the cases of Michael J. Elmore and Lyndsey J. Wilcox.
Both are charged with felonies related to an incident at Batavia Downs on March 9 and March 10 that led to the death of Sgt. Thomas A. Sanfratello, a 32-year veteran of the Genesee County Sheriff's Office.
Friday's hearing is a standard procedural opportunity to assure the attorneys -- particularly the District Attorney's Office to the defense -- that all documents and other evidence has been disclosed.
It turns out that the Genesee County Jail and the Sheriff's Office did not share some documents, and DA Kevin Finnell was required to file a "supplemental certificate of compliance."
Finnell told O'Geen that his office performed its due diligence in educating local law enforcement on discovery rules, requested all documents from the agencies involved in the case, and a paralegal review of the documents provided did not suggest any missing documents.
Once his office realized some documents had been omitted, he conferred with the Sheriff's Office and Batavia PD and emphasized that "all documents mean all documents."
What was left out were, he said, documents that the jail considered purely administrative and reports from the Sheriff's Office that he said were redundant of documents already disclosed.
Wilcox's attorney, Daniel Dubois, disagreed with that characterization. He said four of the five PDFs he received contained factual information directly relevant to the charges.
"If there was some sort of miscommunication or lack of communication between the District Attorney's Office and the Sheriff's on documents, that isn't our concern," Dubois said.
O'Geen agreed that the situation was disturbing, but he blamed the new law for most of the confusion. There are unresolved issues about what must be disclosed. He said it did seem like the DA's office did its due diligence.
"It is disturbing if local law enforcement can't figure out that 'everything means everything,'" O'Geen said.
In the following hearing, Elmore's attorney shared the same concerns about the document disclosure. He acknowledged that the rules are so new that no upper court rulings have yet defined what exactly constitutes compliance.
O'Geen said both attorneys are welcome to file motions challenging the discovery and gave them until Oct. 1 to file motion papers. He gave Finnell until Oct. 8 to file any answer. If a hearing is necessary, it will be on Oct. 16, the plea cutoff date.
Elmore is charged with multiple criminal counts for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault.
On March 9, both were asked to leave Batavia Downs and while being escorted out, according to reports, a struggle ensured, which escalated to the point where Elmore allegedly left the building and then came back in with heavy chains -- jewelry -- in his hands. He is accused of fighting with Sanfratello, striking him with the chains. It appears that Sanfratello had a medical issue and died on the scene on March 10.
Father Scott speaks to a gathering of about 150 people Thursday evening at Ascension Parish in Batavia. Photo by Joanne Beck
Tempers flared Thursday at a southside fellowship hall during an emotional and lengthy meeting about the impending closure of Ascension Parish.
Father Scottston Brentwood, aka Father Scott, fielded questions and assertions from a room full of about 150 unhappy congregants, including parish member Ed Kosiorek, who said he had gone through this before. He joined Ascension after St. Mary’s closed.
“Why are we not a part of this?” Kosiorek said. “There's a cover-up. We're not getting the information, okay? We just went through a major cover-up with the sexual abuse situation, and we didn't get the information we needed. Now we're going through the parish. I think nobody's being transparent. No one is putting the facts out there. Everyone in this room is a thinking adult, and if they are given the facts, they'll comprehend it, and they will sort it.”
Like it or not, he got the facts eventually during a slide presentation of financial and statistical considerations that put Ascension in the red, at about a 10% operating deficit, with decreasing numbers of youth and sacrament participation. UPDATED: The parish apparently does have $1.5 million of savings. Distance to the various church locations was also a factor, with the end result sounding like a simple math equation.
“You get two parishes, four worship sites and three priests, that is it,” Father Scott said.
After taking it on the chin for two and a half hours, he empathized and said that “no priest wants to close any churches, and I’m closing five.”
“It is not easy to say to people that a place that matters so much to them, you have to be the name that's attached to that final act. As I said in the very beginning, it's not something I would have wanted any priest to go through. It wasn't something that I have even chosen,” he said. “It’s one of those where we have to remember that this process has been up and down and all these other things. And even, I mean, I'm trying to be as honest as I can, I have been frustrated with the Diocese in the way that they've done things. I myself have said openly in the churches, in meetings and everything else, that I think things should have been done in a different way. But I did not have the decision in any of that, how they did it, how they rolled it out, how they expressed it.”
A few congregants stepped forward to commend him for his willingness to represent the powers that be.
“You truly had nothing to do with this decision to close our parish, and you're taking a lot of the brunt of the heat for it. So I just want to say thank you for at least hearing our concerns and letting us come to you when we're upset. I think what I can speak on behalf of all of us for is, at no point did Bishop, or anyone who was front facing at the Diocese say, we're prayerfully considering all counter proposals. If your parish wasn't on the initial list, be prepared, because that might happen,” Christina Bucciferro said. “And I think when we weren't on the initial list, we as a parish family were not prepared for us to close. And then on a random Tuesday, while I'm at work, all of a sudden see that my livelihood, my family's livelihood, in generation, it's just gone.
"And then I have to, like, snap out of it and be at the bank and be okay. And that's not okay. There was no communication from the Diocese that we were going to close, and that's not fair.”
Bucciferro likely represented many people there: she was baptized at Ascension, was a cantor, and sang in the choir for 20 years. It isn’t just a church, but part of her life and soul. In a letter she penned to the Diocese, she says that angry, disappointed and heartbroken don’t even sum up how she’s feeling.
While no one liked the idea of closing, they were most disgruntled about how it all happened, she and others said.
Fran Mruczek, a lifelong member who was baptized at Ascension, said that things seemed to work out fairly well for Father Scott, who she thought was to be in rotation yet she hasn’t seen much of him except for one Christmas Eve service.
“However, you you were able to stay just in Le Roy and in Bergen, and I understand that it worked out good because, you know, you get to know your parishioners better,” she said. “But how did that get by the sidelines?
“And as far as priests, I know there’s a shortage of priests. I know you’re overworked and everything … there are a lot of retired priests who would be happy to help out, and I know that’s the bishop, the Diocese; they just don’t want you to have anybody to make things easier for all the parishes, not just this parish, for all the parishes.”
She gave an example of a retired priest who has returned to work in Oakfield. Father Scott said not everyone who retires is physically able to return.
Another member suggested that if priests were allowed to marry, there wouldn’t be a shortage because there would be more priests taking the job. And there wouldn’t be sex scandals. The closures are so that money can be used to pay off pedophile priests, another said.
Father Scott wanted to address those points, he said.
If that was the case, then why are there shortages in Anglian churches? he asked. Why are there shortages of priests who are married and openly gay?
Why do Anglians have a shortage? The Methodists have women ministers and married ministers, and they have a shortage, he said, listing other denominations with similar issues. Why do they all have a shortage if the fix is to get married?
“These are Bandaids that aren’t going to work. It isn’t about being married or unmarried. It isn’t about women or men or all the other things. The answer comes down to commitment, because you don’t see people committing to marry Jesus,” he said. They’re living together and having kids together, but they won’t say yes. You have people interested in religion, interested in God, but they don’t say yes. You have to convince people that we need people who are committed to the gospel, and those are the ones who are going to be the good priests.”
Important points emphasized during the presentation were that every parish had an opportunity to present counter-proposals at the gatherings of the family leadership, and everyone had an opportunity to present as many proposals as they desired. St. Brigid presented two, not one proposals, whereas Ascension presented only one, he said.
Consideration was given to Max. Kolbe in East Pembroke primarily because of the distance to other parishes and faith formation. Finances were and are not the primary focus of the Diocese on the “Road to Renewal,” but the continuation of the faith for the future is, he said.
As for any kind of timeline of what may happen when, Father Scott had no definitive answer about that.
“When it comes to timelines, at the moment, we do not know. When we do know more that will be communicated immediately to everybody when we have an idea of what's going on, because when it comes to the next steps, the bishop has to issue a decree that actually closes a parish. Once that decree happens, there's a difference between when a parish is being merged and when a parish is closing canonically, which is different than the civil organization, which is the parish according to the state and others,” he said. “When we are merging a canonical parish into another, all of the assets are frozen from the parish, meaning they are not to be used for anything that do not directly relate to this parish. For example, if it merged today, you've still got to pay for electricity, you've still have to pay for water, you still have to heat the building at least minimally to keep the pipes from freezing, all of that stuff so the money that is frozen would only be used for paying the bills ... it would not be used to pay anything outside of this parish complex. When the merge happens, all records go to the parish that you are merged into. And we take very good care that that happens very safely, and we do it in a way in which nothing will be lost."
All records, including baptisms, confirmation, marriage, will be preserved in fireproof and waterproof bound books, he said, and may be obtained upon request.
And what if parishioners don’t want to close? They can fight it, he said. Parishioners can appeal the Vatican, but they need to know two important factors: it’s a costly endeavor, to the tune of potentially $10,000, according to another similar case; and there’s no guarantee that they will win.
One parishioner who did not want to disclose his name said that he is ready to pony up his share to save the parish. It would be worth the $10,000, he said. There was already a plan in place to gather signatures for an appeal.
“We do have a core group working to save the parish,” Pat Becker said, directing attendees to go into the parking lot after the meeting to sign a petition if they wanted to participate. “This group is willing to do whatever it takes to save our church, but we can’t do it without all of you.”
“So after this meeting, if everybody would head that way, we have a mandate that gives that core group the power to make necessary decisions, to do whatever they need to do, to fight, to save Ascension Parish. So we are asking you to please do that,” she said.
After all was said and done, Father Scott shared a somber thought about the deeper effects that the mergings and closings could have on people.
“The thing that bothers me the most is the number of people that will use this as an excuse not to go anywhere. I'm not saying that they're going to go to another church, or they're going to go to the Protestants, or they're going to go here. The ones that will use this as an excuse not to go anywhere.I don't think you guys know the charism of my particular community. It's the redemption of those captives in danger of losing their faith. Well, how many people are going to be losing their faith as a result of this process? And it's the charism of us to try to help them and save them and all that other stuff,” he said. “And I have in the back of my own mind all of these people that are going to, for whatever reason, be choosing to abandon their faith. And I have to try to, in my own conscience, understand how that works. And that is something I said from the beginning, is how many people are going to use this as the excuse not to continue on. And that bothers me a lot.
“And I can say, as hard as this may be to believe, that bishop Fisher is the same way, I know that you may not believe me, but I've had many conversations with him. And as I said before, I've known a lot of bishops in my time, believe it or not, and I don't like a lot of them. I do like him. He genuinely has the concern for what's going on, and he's trying to do what he can with whatever information is available, and all these other things, and it's hard to make those big decisions, and I know it bothers him to do that,” he said. “It's one of those where a decision has to be made, and he happens to be the person who has to do it. Ultimately, it's hard, and I know that it's hard for you guys. I know that it is. I'm there with you. I don't want anything to happen either, but I can't change that.”
Christina Bucciferro thanks Father Scott for leading the meeting and answering questions Thursday. Photo by Joanne Beck
Botts-Fiorito Post #576, American Legion, Le Roy, would like to announce with great pride and pleasure John E Johnson II as its selection for the 2024 “Le Royan of the Year Award”.
The “Le Royan of the Year” is to recognize people who demonstrate the following qualifications and attributes:
The man, woman, or child who exemplifies the true spirit of Americanism, its ideals, and love of the flag and country, regardless of race, creed, or color.
Good citizenship – by carrying out these principles, often beyond that expected of him or her.
Service to community – signified by excellence in life of purpose and accomplishment.
John, a dedicated lifelong resident of Le Roy, has shared 39 years of marriage with Wendy and raised two children, Jennifer (Scott) Pellett and Craig (Lindsey) Johnson, and is proud grandfather to Ellison and Josie Pellett.
As a Le Roy Jr. Sr High School alumnus, John has demonstrated unwavering commitment to LeRoy United Methodist Church, serving as Church Council President and past Trustee, and currently assisting in the church's pursuit of National Registry Status.
He is currently in his second term on the Le Roy Town Board and has assumed leadership roles in numerous community organizations, includes acting as Commissioner Le Roy Fire District, Le Roy Fire Police, Excelsior Hook and Ladder Company, Le Roy Volunteer Ambulance, Le Roy Moose Family Center, Oatka Fish and Game, Son of the American Legion, and Northwoods Sportsmans Club.
To honor John, the 55th annual Le Royan of the Year Award Dinner will be held on October 19. Social hour is at 6 p.m. with dinner served at 6:45 p.m., at the American Legion at 53 West Main St Le Roy. A limited number of tickets will be available starting on September 20 at the American Legion Tuesday - Saturday from 5 p.m. - 11 p.m., or by calling Joan Fernaays 585-721-7801. Cost is $35 per ticket (check or cash).
Photo of (from left to right) Former Sheriff/Legislator Gary T. Maha and Sheriff William A. Sheron Jr. Submitted photo
Press Release:
Sheriffs’ Week celebrates the significant contributions made by the Office of Sheriff as an integral part of the criminal justice system in New York State and in Genesee County throughout our history. Having been established in the State’s first constitution in 1777, and having been continued in every succeeding constitution, it is one of the original constitutional offices of Genesee County first established in 1802.
The Office of Sheriff is currently held by William A. Sheron, Jr. He was elected Sheriff in 2017 and has worked for the Genesee County Sheriff’s Office for the past 47 1/2 years. Sheriff Sheron is also a trustee of the Executive Committee for the New York State Sheriffs’ Association.
The Office of Sheriff has evolved into a modern, professionally accredited, full-service law enforcement and public safety agency, manned by fully trained police and peace officers, as well as civilians using state-of-the-art technology and applying the latest and most-advanced theories and practices in the criminal justice field.
The Office of Sheriff is unique in the community, and the duties of the Office go far beyond the traditional role of “Keeper of the Peace,” and extend into many facets of public service, including maintaining the county jail, providing security in our schools, dispatching emergency services, communication systems, animal control, community service and victim assistance, and serving/executing civil process and victim protection orders for our courts.
As a constitutionally empowered Office directly responsible to the people, the ancient Office of Sheriff remains, even today, responsive and accountable to the public it serves. This week, we celebrate the historical and current contributions of the Office of Sheriff and the significant role that the Sheriff’s Office plays in our modern criminal justice system.
John Bennett and Erin Phelps of UConnectCare stand next to the Harm Reduction vending machine located at the agency’s office at 5130 East Main St. Rd. Submitted photo.
Press release:
UConnectCare is expanding its support services to those struggling with substance use disorder by placing Harm Reduction Vending Machines at agency sites in Batavia and Albion.
One machine is located in the entrance of space leased by the agency in the front right corner of the building at 5130 East Main St. Rd., Suite 5, Batavia, and the other can be found at the agency’s Albion clinic at 249 East Ave.
“New York State’s Office of Addiction Supports & Services identifies Harm Reduction practices as part of the treatment continuum and a way to reduce overdose deaths – and we at UConnectCare are on board with that school of thought,” said UConnectCare Chief Executive Officer John Bennett.
“Harm Reduction is an important tool to keeping people alive so that we can provide brief interventions that move them towards treatment. It’s a patient-centered approach allowing people to make informed decisions about their treatment needs, just like other medical issues.”
Erin Phelps, the agency’s Harm Reduction project director, said the free vending machines remove the cost barriers to those seeking safer use supplies.
“If anyone needs these items, they can come to these offices and dispense them with no questions asked,” she said.
Phelps said those accessing the supplies will have the opportunity to meet with a member of the Harm Reduction staff but are under no obligation to do so or to accept literature focusing on treatment and/or recovery.
The machines will be stocked with harm reduction kits, naloxone (Narcan), fentanyl and xylazine test strips, drug disposal bags, hygiene kits and other items – all at no charge.
In Batavia, they will be accessible from 8 a.m. to 4 p.m. Monday through Friday and during open access hours. In Albion, items from the machine can be utilized from 7 a.m. to 8 p.m. on Mondays and Wednesdays, 7 a.m. to 5 p.m. on Tuesdays and Thursdays, and 8 a.m. to 4 p.m. on Fridays.
Previously, the agency (formerly Genesee/Orleans Council on Alcoholism and Substance Abuse) announced a Harm Reduction Mobile Outreach unit that visits several locations in the two counties five days per week.
Phelps emphasized the overarching goal of harm reduction is “to keep people alive and being ready to help them if and when they’re ready to seek help.”
Walk-ins are welcome to utilize Open Access. The program’s hours of service are 4 to 6 p.m. on Tuesdays and Thursdays and 10 a.m. to 2 p.m. on Saturdays at 5130 East Main St. Rd.
For more information about harm reduction services, opioid overdose prevention training and to see the mobile unit schedule, go to www.uconnectcare.org, the UConnectCare or The Recovery Station Facebook pages or send an email to harmreduction@uconnectcare.org.
On Saturday, October 5, from 10 a.m. - 3 p.m., the Friends of the Rink organization will host their Third Annual Scrap Metal Drive Fundraiser in the rear parking lot of the David McCarthy Memorial Ice Arena located at 22 Evans Street, Batavia.
All proceeds will be used to fund needed ice rink improvement projects.
Acceptable Items:
old appliances
gas grills
bikes
hot water tanks
anything metal
Unacceptable Items:
refrigerators
propane tanks
vehicle wheel rims with tires attached
items containing mercury
items with fluids inside or out (gas, oil, hydraulic oil, tar, etc.)
This event is held in cooperation with Ed Arnold Scrap Processors of Corfu. For more information: contact Bob Gray at 585-344-2248 or sqftbob1@rochester.rr.com.
On Tuesday, September 10 FEMA held a meeting at City Hall to review proposed flood zone updates, and present draft maps to City officials.
From the data FEMA collected, new flood zone maps were created for the City of Batavia. The draft maps include 147 structures (they include sheds as well as homes and businesses) and removes 282 structures from the current flood zone. In total, the City will have 1,052 structures in the new draft flood zone.
City officials have been asked to provide comments on the draft maps. The City will be conducting a detailed review of the proposed changes on behalf of City residents and businesses, but want to hear resident feedback.
Below is a link to view the updated flood zone map from FEMA. We are asking residents and business owners to review the map and contact us with comments you may have.
Genesee County Planning is creating a list of affected properties so the City can help property owners identify if the new maps will affect them.
Properties added should carefully review their elevations and future issues of flooding. Properties that will be removed from the flood plain will need to work with FEMA to certify removal and reduce their insurance.
The Richmond Memorial Library Tween & Teen Services department is sponsoring a Book Drive for Children's/Young Adult books during the month of September. The book drive started September 6 and runs through October 1.
The books can be for children/teens of all ages, must be in new or good condition, and can be dropped off and put in the bins in the foyer anytime the library is open. Age appropriate DVDs in good condition are also accepted.
The Library G.I.F.T. Program (Generate Imagination in Families Today) is dedicated to making new or gently used books available to children and their families in our area, and to raising awareness of the lifelong benefits of early childhood literacy. Bright boxes and shelves of G.I.F.T.
Books are located at agencies and businesses in Batavia. Children can take a book from the shelf to bring home, read, and keep! Having as few as 20 books in the home has a significant impact on propelling a child to higher lifelong education levels and earnings, potentially breaking the cycle of intergenerational poverty - and the more books you add, the greater the benefit.
“Batavia is known for being a welcoming community and the donations will truly enhance the G.I.F.T program,” said Teen Services Library Assistant Ellen Caton. “This program extends out into the community and helps the kids have access to books at specific agencies and businesses in Batavia. Our shelves that house these books are getting very empty and we are looking forward to filling them up again with this book drive!”
For information on the book drive and other library programs, visit the library website at www.batavialibrary.org, or check out our Facebook and Instagram pages!
The Richmond Memorial Library is located at 19 Ross Street in the City of Batavia. The library is open 9 a.m. - 9 p.m. Monday - Thursday and 9 a.m. - 5 p.m. Friday and Saturday.
The Chamber’s Annual Awards Committee has announced the “2024” Annual Award Ceremony will be held on Saturday, March 1, 2025, at Batavia Downs Gaming, Park Road, Batavia.
This is the County’s premier event that honors businesses and individuals for their achievements in business, community service and volunteerism.
Please note that a brief write up will qualify your nominee for consideration. Nominations are now being accepted for Business of the Year, Entrepreneurial Business of the Year, Agricultural Business of the Year, Innovative Enterprise of the Year, Special Service Recognition & Geneseeans of the Year.
Business Nominees must be a Chamber Member (If unsure of your nominee, call the Chamber to verify).
Nomination forms are available at the Chamber of Commerce office, 8276 Park Road, Batavia and can also be down loaded from the Chamber Website at www.geneseeny.com.
Nominations MUST BE RECEIVED BY December 13 to be eligible for consideration.
If you would like more information, feel free to call or email Kelly J. Bermingham, Director of Member Relations & Special Events at the Chamber office, 343-7440, ext. 1026, kbermingham@geneseeny.com.
East Pembroke Junior Grange members, from left, Carly Hanel, Grace Stoneham, and Savannah Conrad hope to see visitors at the 90th celebration Quarter Carnival Saturday. Submitted Photo
While some granges are thought of for their social aspects of get-togethers and community activities, Jomni Tarbell regards the East Pembroke Grange for its influence on her future career in preventative medicine research, she says.
The 22-year-old University at Buffalo senior credits her membership for the additional education she has gained about rural health care.
“The grange does a lot of health awareness programs. We recently did one about educating seniors about what to expect when they go into surgery. We have a large partnership with a rural mental health organization that was founded here in New York. We have a partnership at a national level with them, and so we do a lot of work with rural health disparities, especially for seniors and other vulnerable communities,” Tarbell said during an interview with The Batavian. “So that kind of inspired me because I think that those programs are very important. So if I could do research that would benefit and help create programs like that, I think that would be really great.”
It’s fair to say Tarbell has been an active member of her grange, joining at about 7 years old, being selected as state ambassador in 2017 and now serving as leader of the Junior Grange for the three remaining members after the Covid pandemic ravaged a once-thriving membership.
She is also organizing a Quarter Carnival for this weekend to celebrate the organization’s 90th year and promote it with fingers crossed to attract more members. The group will be selling popcorn and hotdogs and having old-fashioned games and prizes — bean bag toss, drop the clothespin into the bottle — while also having members on hand to talk, provide information and answer questions.
The Junior Grange was founded in September 1934 by a group of children aged 5 to 14. The grange is an off-shoot of the 4-H organization, she said, but members don’t ever age out as they do at 4-H. There are national programs available through the grange and nonpartisan programs that also set it apart from other youth groups, she said.
Locally, East Pembroke worked with a grange in Connecticut a couple of years ago to revise health definitions for the Q fever, a rare but fatal illness that can spread especially amongst dairymen.
“Over these 90 years, we have been nationally recognized for our activities in agriculture advocacy, leadership development, cultivating creativity, developing life skills, teamwork, and community involvement,” she said.
Members go on a lot of field trips, such as to honeybee farms, recycling facilities and ecosystems, to learn more about agriculture and the environment. They also set up a booth at Genesee County Fair to spread their knowledge to visitors. Community service projects include making cards for veterans at the VA Hospital and baking cookies for a senior living housing facility in Batavia, she said.
As she has gotten older, the scope of her participation has evolved, Tarbell, of Darien, said, and she has grown more with leadership, done more public speaking and gotten involved in “Sign a Song,” using sign language. Overall, however, her participation has been about engagement with others.
“A lot of it is going to places and going on field trips, and then bringing professionals in their field, or people who are experts in their area, coming in and giving workshops to us, and then a lot of it is just playing games and just having a place to have fun,” she said. “And me, personally, as the junior leader, my main goal with my program is to have something where the kids can have fun and have a bright memory and also help them kind of build some skills that they could use, either professionally or just in their life, to make their lives easier. And then building a sense of community and learning how important community is and how much you kind of need community in your life.”
They accept residents from anywhere in Genesee County, and have even had people from outside of the county, she said. The regular East Pembroke Grange has about 60 paying members and core attendance of 30, she said. It will be a hub of activity this weekend since youth will be visiting, including the national youth ambassador, from across the state and staying at the grange.
The Quarter Carnival is from 3 to 5 p.m. on Saturday at 2610 School St., East Pembroke. Attendees are encouraged to bring their quarters.
As an active member of First Presbyterian Church while also singing in the choir and serving on the Personnel Committee, David Van Scoy was a “dear friend in Christ” to the Rev. Roula Alkhouri for nearly 17 years, she says.
She shared about his deep faith and love for God, often reflected in community service through many local organizations, mirrored the way of Jesus — “which is all about unconditional love,” Alkhouri said.
“He was always grateful for the gift of life as he had a brush with death many years ago. He had a sense of joy about him that sparkled with God's light,” she said. “Whether he was playing the ukulele or having a serious meeting, Dave always knew how to put love first. Even when there was a conflict that needed to be addressed, Dave was gracious because he saw everyone as a child of God who deserved to be treated with dignity and care.”
Van Scoy died Sept. 10, 2024 at the age of 82 after many years of a distinguished career in education and dedication to serving the needs of others, including at the church. His insights were always deep and wise, Alkhouri said.
“Yet, he was also humble about it and always used his gifts to serve others and to love his community. Dave had incredible wisdom, which he blessed so many of us with,” she said. “He was a very generous man in spirit and in giving. He embodied the teachings of Christ about loving our neighbors as ourselves. Dave also left us an amazing example of loving his family and loving God's creation. I am so grateful to have known Dave as a friend. He has enriched my life and helped me become a better person.”
He also helped her professionally to become a better leader, she said, through his encouragement and guidance “whenever I needed it.”
“I knew that I could count on Dave's honesty and integrity. I remember coming back one time from a leadership development workshop when I met with the Personnel Committee to ask them to help me figure out my workload; Dave simply said, ‘Trust yourself, and do the work as you see God is calling you to do it, and we will support you,’” she said. “These words have stayed with me and have guided me through many challenges.
“I am very sad for losing Dave, yet in faith, I know that our bond is eternal and that Dave will continue cheering us on through the Spirit of God's love,” she said. “One day we will meet again.”
Van Scoy had been a math teacher, assistant principal, principal and superintendent at other school districts before settling into the superintendent position at Batavia City Schools from the early 1980s to 1998. At the Batavia district, he crossed paths with three people in three different capacities, all of whom remember him fondly.
Alice Benedict was elected to the Board of Education in 1995 and learned that the district’s leader was “a gentle and positive person,” she said.
“He showed genuine kindness and caring to the students of the district. He expressed to the Board the importance of giving the students the best education the district could afford. He was very supportive of the teaching staff,” Benedict said. “Dr Van Scoy led the school district with strong authority but in a non-aggressive manner. He had a positive support attitude and respected the Board’s opinions. He had a strong working relationship with administrators and he fostered a collaborative culture throughout the district.”
It wasn’t just colleagues who admired him, though, as Jason Smith, now a superintendent himself but a student in the 1980s, has nice memories of Van Scoy, who was always present at concerts, he said.
“My mother would often remark to me how she enjoyed seeing him at concerts playing his ukulele,” Smith said. “I can recall him working at the Pageant of Bands with the Band Boosters, as his son Shawn (who is also a superintendent of schools) was in the band as well.”
Smith shared a story that many people from back then remember, he said, about Van Scoy's methods for calling snow days well before the days of the Internet. He would simply go outside, take a look, put a ruler in the ground, and make the call!
“I saw Dr. Van Scoy recently at Ken Hay's funeral, where we had a nice ‘superintendent to superintendent’ chat with his trademark witty humor,” Smith said. “It is a personal and professional honor to serve in the same role once held by Dr. Van Scoy, a legendary Batavia City School District Superintendent of Schools, who served us so well for 19 years.”
Van Scoy hired Julia Rogers as a Spanish teacher in 1993, and although he was an obvious dedicated leader in Batavia, she also recognized his many other attributes, she said. He was “visible and approachable and was passionate about learning,” while also giving people a supportive nudge to pursue their strengths.
“He supported learning opportunities for his students and encouraged continuous learning and growth for his staff, even granting sabbaticals to people looking to go into administration (like my Dad),” she said. “When he saw good things occurring, he offered genuine praise to the person.”
And as with First Presbyterian Church, Van Scoy also helped out at the Lions Club, selling hotdogs at Batavia High and Notre Dame High School football games and at the BHS Class of 1988 Project Graduation event, Rogers said. He was always there, she said, but not always as an administrator. He was a father, too.
“His son Shawn was in my class, and at the Project Graduation event, Dr. Van Scoy made it known to us he was there as Shawn's dad. A couple of us teased him, and instead of saying Dr., said ‘Ok, Mr. Van Scoy,’ and he laughed,” she said. “He was at Batavia Clippers' games on various occasions, but especially at the annual Lions Club night raffling off bikes to Batavia children.”
Still helping his Batavia community, he served on the Salvation Army Advisory Board as well. They spoke recently at a Salvation Army board meeting, and “he told me how proud he was of me and was glad he hired me and wished me well in my venture at Notre Dame,” she said.
“He was very involved in our community since day one, but to his family, he was so much more,” she said. “My deepest sympathies go out to Mrs. Van Scoy, his sons, Shawn and Mark, and their families.”
Pastor Marty Macdonald, 2022 file photo. By Howard Owens.
Pastor Marty Macdonald, founder of City Church in Batavia, is unequivocally denying allegations stemming from events 40 years ago that he sexually abused a teenage girl.
Melissa Hobson, formerly of Batavia, made the allegations public this past week, and her charges were repeated in a video interview with another local pastor.
Macdonald, through his son Ryan Macdonald (also asked to be part of the interview) declined an interview request from The Batavian and referred questions to his attorney, Anjan Ganguly, who issued the following official statement that was also sent to members of City Church:
“These allegations simply repeat decades-old accusations from a woman who alleges she was sexually abused by Pastor Marty approximately 40 years ago, when she was a minor. Pastor Marty absolutely denies sexually abusing this person. He absolutely denies ever having sexually abused anyone, especially a child,” the letter states. “It must be stressed that these are accusations, not proven facts. There has been ample opportunity for these accusations to be brought in a court of law, where Pastor Marty would have the opportunity to vindicate himself. Instead, the accusations are being made on the internet and, even worse, from the pulpit. It should also be stressed that the alleged misconduct is not connected to The City Church or any of its related ministries. The alleged misconduct allegedly occurred at a different church, long before The City Church was founded.”
The City Church web page for “Meet the Pastor” is currently a broken link. Macdonald is also not currently listed on the site's staff page. His son, Ryan Macdonald, is listed as "lead pastor."
The Batavian called Ganguly Wednesday and left a message to comment on Marty Macdonald’s current status at City Church. Ganguly has not responded to this specific question.
City Church has been a member of the Association of Related Churches, but City Church is not listed on the website’s church directory. A representative of ARC has not responded to a request for comment.
Hobson, who disclosed the accusations to a reporter in Batavia more than two decades ago but then declined to cooperate with a story, confirmed on Tuesday night that she did go on the record with Dee Parsons, editor of the Wartburg Watch, an online publication that covers allegations of sexual misconduct in churches.
Ganguly said he wondered why Hobson was coming out publicly with this now after all these years.
According to a post published on the site on Sept. 11, Hobson came forward and offered her story to Wartburg Watch at the prompting of Cindy Clemishire, a woman whose own story of abuse at a church made national news because it involved Pastor Robert Morris, of Texas, who has been an evangelical adviser to former President Donald Trump. NPR reported the story, and Morris resigned from his church, admitting to “inappropriate sexual behavior.”
Clemishire's story is similar to Hobson's. In the 1980s, she was 12 years old when she first came in contact with Morris. Wartburg Watch first reported the story. Morris was never charged with a crime.
Hobson’s version of events began in 1983 when the 12-year-old moved to Batavia with her family from Olathe, Kan., and her father became pastor at New Hope Ministries.
New Hope was located at 8020 Bank Street Road, now Cornerstone Church's location.
Marty Macdonald was then an assistant pastor at New Hope.
The family soon became friends with Marty Macdonald and his family. Macdonald was a farmer who served in a volunteer leadership position in the church. Macdonald was eventually installed as the assistant pastor at New Hope Ministries.
According to the report in Wartburg Watch, which Hobson confirmed accurately portrays what she told the website’s editor, things started to become uncomfortable early on.
In 1983, Melissa she started babysitting Macdonald’s two boys, she said.
“I remember the first time I noticed something was off,” she said.
She was making lunch for the children, she claims. Macdonald, covered in dust, came home from working on the farm. He entered the door and stood in the open foyer, in plain view of Melissa in the kitchen. He said that he needed to remove his coveralls and proceeded to strip them off in front of her. He has on his white T-shirt and underpants. She said he then went to shower and emerged with a towel wrapped around his bottom.
As time progressed, she said, he went out of his way to be “so kind” to her. He would often hug her while affirming her, which boosted her self-esteem.
During this time, the Smith and Macdonald families became close. Once hired full-time at the church, MacDonald spent much time interacting with the church’s child care center staff, where Melissa also worked.
The families began to vacation together as well. Melissa lived next door to the church, where Macdonald worked full-time, so there was close contact between Melissa and the young pastor. When she babysat, he would always be the one to take her home. He began calling her his ‘little sister” and would frequently hug her, she said.
As time progressed, she alleges, he would often " come out of the shower with a towel” whenever the wife was not home. He arranged to be with her more frequently while assisting with the remodel of her family’s home. He would offer to pick her up at school, where things would accelerate.
She said that by age 14, she felt she had a romantic relationship with him.
According to the Wartburg article, Hobson’s sister remarked on Macdonald’s charismatic personality while making an important observation.
"I remember staying with the Macdonalds when my parents were out of town preaching," Hobson's sister said, according to the article. "Melissa and I were sleeping together. I woke up to find Macdonald kneeling next to my sister in the bed. He told me that Melissa was sick and that she would be staying home from school. I recall being irritated because she stayed home sick a lot. Sometimes I even felt jealous of all the attention Macdonald paid to her."
Hobson said Macdonald was physically with her on those drives home from babysitting. He would put his hand on her thigh," Hobson alleges. Then, he began to pull off the road, and they would go “parking.” Hobson said she got so much validation from him that she wanted to spend time alone. This parking involved making out, petting, and him putting his hands in her pants and, she alleges, digitally penetrating her.
As she fell in love with him, he would warn her not to say anything about what they were doing. He said it would “destroy her parents’ ministry.”
After she turned 18 in 1989, she said she began to feel shame about the relationship and took a children’s pastor position at her father’s church. She stopped all intimacy with Macdonald and met and married her husband in 1992.
Hobson said she talked to her parents in 2000, and her dad asked for advice from his overseers, who said there was no legal recourse by then and that he should forgive Macdonald. Two other local overseers were brought in, and Hobson said that Macdonald allegedly confessed to an affair to them and his staff but did not disclose her age.
Paul Doyle, pastor of Cornerstone Church, has been outspoken about the issue recently, calling on Macdonald to repent. He said that he was present when Pastor Robert Smith, Hobson's father, confronted Macdonald in 2000 about the allegations. The Batavian spoke to Doyle on Wednesday for clarification about the conversation.
The meeting included Smith, Doyle, and Macdonald, who brought his wife, Patti, Doyle said. They met at Austin Park in Batavia. Smith said, according to Doyle, "I'm here to tell you I know you molested my daughter, and I'm here to forgive you and release you as my spiritual son."
There were a lot of head nods, as if he was taking his punishment, Doyle said of Macdonald.
"He had guilt all over him. There was no doubt in my mind he was guilty," Doyle said, adding that at no time did Macdonald ever deny the accusation or say that he never did anything like that. "He was sucking it up and taking his punishment. The cover-up was blatant. Nobody cared because it was Marty."
Doyle said that he has a forgiving heart but that this was never dealt with, and a family was destroyed in the process.
"I saw the devastation it did to a girl and her family," he said. "You're talking about a sexual predator that's preaching from the pulpit. I have no doubt this happened."
After providing The Batavian with Macdonald’s statement denying the allegations, Ganguly agreed to answer a few limited questions from The Batavian.
Did Macdonald know Hobson? Yes, they were familiar with one another through the ministry at New Hope, he said.
Why would she either make this up or hang onto this accusation from decades ago if it was not true? “So you know, I've had this conversation with my clients, and look, I've done a lot of Child Victims Act defense work on behalf of churches and ministers and whatever. And I always ask, where's this coming from? Yeah, sometimes it's coming from the fact that it happened, right? And no bones about it, right? And sometimes it's coming from somebody who needs a sense of closure, of justice, and I understand that. I will say what I'm a little confused by, and I mean this not derisively. I mean, it in a very legitimate way, why didn't she bring a Child Victims Act lawsuit during the two or three-year window when the statute was open in New York?” he said. “Again, I am scratching my head, and my clients are scratching their heads as to why this is coming up right now. I've had dozens of child victims act defense side cases against churches from allegations 20, 30, 40, and 50, my oldest one 60 years ago. Why didn't she bring a lawsuit she could have not only could have had her claims hypothetically vindicated, she could have received damages and, conversely, my client could have had his defense, you know, he should have had himself vindicated. Why is it coming up now? I don't know. Again, I'm perplexed by that.”
Does Marty agree with the part of the story where two overseers—Pastor Ron Domina and Tommy Reid—were involved with him and Melissa? “So, in a very informal way, Reverend Domina and I know less about Reverend Tommy Reid, but I understand they had, let's say, some spiritual guidance role over pastor Marty, and so in their let's call it internal conflict resolution process the complainant reaches out to these people and says, I want this addressed. But my understanding is the allegations were levied, and there were discussions, and whatever resolution was to be had … I understand the complainant doesn't feel that way. I think the complainant alleges that these ministers swept it under the rug,” he said. “They didn't have any legal authority over Pastor Marty or anybody; they were, and they had some kind of spiritual advisory type.”
Was there a confession or agreement during these talks? “In these talks, they reached a resolution where there was a confession or any agreement that something happened? I will say that I don't know,” he said. “But as to confession, I'll just rely on my client's statement that he categorically denies the allegations of sexual misconduct.”
Hobson, 52, said she isn’t seeking anything from Macdonald. She said shared her story now because she wanted to encourage victims of abuse to come forward just as Clemishire did.
“I want other victims to have a voice, you know, I want them to feel supported, brave enough to speak out. Cindy shared her story for me to know and understand that it's not okay, and it's not their fault, and I hope that I can empower others to have a voice by having a voice. I was silenced,” Hobson said .“I want to help others be brave and say, ‘You know what? This is not okay. ‘You can have a voice, you can speak, you can speak up, and you can come forward because that's where healing comes from, is being able to speak and being able to tell your story.”
Rumors had circulated about the abuse several years ago, but they didn’t go anywhere. Hobson and her husband Harlan said she wasn’t emotionally ready to go through any legal process. She claims that she was groomed — a type of conditioning to gain the trust of one’s victim before the abuse evolves — and abused, she alleges, from age 12 to 18.
She was made to feel as though she was to blame, she said, and she was left feeling discredited in the process. She also alleges that Ryan Macdonald accused her of seducing his father. She moved away from Batavia in 2011 after trying to share her story in the face of disbelief, shaming and name-calling, she said.
“At that time in my life, I had been groomed; I was convinced this was my fault. I carried an enormous amount of guilt and shame. It was a long time before I ever told anybody,” she said. “I’ve had a lot of therapy and a lot of spiritual support. God has truly sustained me.”
Her husband, Harlan, was on the phone with Hobson and The Batavian during the interview.
Harlan said he shared this difficult journey of recovery with his wife since they were married.
“I’ve walked through this with my wife for decades, and I know her heart and her desire to have other people find hope and for victims to find their voice. So, like she said, I want to echo that this is not okay, and the fact that it is so prevalent in our country, it's not okay. And when she was talking about doing her story, that's what that was. She said I want my voice to matter,” he said. “And anybody that's ever been around victims and been through therapy or trauma therapy, or anything like that, understands that the silencing of a victim's voice can actually be more traumatizing than the actual abuse that took place. I've watched that. I've seen that and the power within my wife when she can speak out.
“And the fact that she has still kept her faith in God and that she has still been an incredible mother and grandmother and through all the things that we’ve been through, amazes me every day, and that is the sincere focus of her heart,” he said. “This is very little about Macdonald and more about Melissa and her finally having the courage to speak up, to have a voice and really want to help others.”
The accusations didn't receive a public airing until June, when -- without mentioning Macdonald by name -- evangelist Mario Murillo held what was scheduled as a two-day tent revival meeting at Cornerstone. However, on the second day of the meetings, he cut them short, citing unrepentant sin in the Batavia area as the reason.
He said he came to Western New York because he believed God led him here to light a revival that would spread to the nation.
He said, “I laid before God, and I cried out to God, and I said to God send revival to Batavia. And the Lord said, ‘No.’ And I said, ‘What? I’ve never heard you say, no.’ But the Holy Spirit said, ‘No.’ He told me that he was grieved. The spirit of God said, ‘I’m grieved.’ I said, ‘You’re grieved?’ Every word I’m about to tell you I’m speaking out of mercy, broken heart. I went to chapter five of First Corinthians, and there was sexual immorality in the Corinthians. Paul said that you are puffed up because the individual who is guilty of this particular sin is being celebrated among you.
He went on to say that something happened years ago, and it is grieving the Holy Spirit. A young girl was assaulted, he said, by a minister, and it was somewhat covered up because of the popularity of the man.
He said the individual responsible was never fully required to repent.
“The Lord has told me to warn that man of God, ‘Get right because the media is going to come after you.”
In a separate interview with Renee Ricco, a woman who calls herself a “citizen journalist,” Doyle claims he knows Hobson very well and that they are very close. He reveals he knew the details of the allegations against Macdonald long before Murillo’s tent revivals.
He said he has always been close to Hobson and was close to her father, who was also his minister at New Hope. Doyle said he was present when Melissa’s father confronted Macdonald about the allegations.
As the allegations reached more members of the New Hope congregation, it became a controversy.
“When we discovered it had happened, Pastor Marty was long gone when we learned about it, so nobody in our church could hold him accountable,” Doyle said. “He had already had his own ministry. He has his own overseers. He was already well established in the Western New York church community but we didn't see the outrage there, and I personally never saw it. And it's like they just wanted this to go away.”
Doyle said many people at the time, including church leadership, said the issue should be forgotten.
“Not only was he not dealt with, but it was also almost covered up,” Doyle said. “There was a proverbial sweeping under the rug of the issue. And as the outrage continued within our church, it began to turn back on us that we weren't forgiving, that we needed to let bygones be bygones. They would talk about my pastor, that he had a forgiveness problem. And this came from higher-ups in the Western New York, I guess, church oversight levels and so we we basically felt like we had to tuck tail it and run.”
Doyle said after the issue became known in the church, New Hope membership dropped from 350 to about a dozen (he did not specify the period of time). He hopes the issue being brought to light publicly will help bring more healing to Hobson and her family.
“This is an issue in her own words that she’s never been able to talk about,” Doyle said. “She’s gone through a tremendous amount of healing in herself. It’s amazing how God has helped her. But the issue is still there.”
Ganguly steadfastly maintains that Macdonald didn’t harm Hobson and he blames “third parties” (not Hobson) for raising the allegations. He wants the false allegations removed from the web.
“So, if they have people saying this church (City Church) is harboring a child molester, how does a congregation trust church leadership?” he said. “They (City Church) do need the false statements to be taken down. The burden is on the plaintiff to prove a case. One, it didn’t happen, and two, you had ample opportunity to go to court with evidence. We don’t even know if Melissa is behind this. We have third parties making these allegations.”
The official statement going out to the church also includes the following disclaimer:
Furthermore, The City Church’s leadership has never received any allegation of sexual abuse of a child in connection to any Church ministry or activity or by any Church staff member or volunteer. If you become aware of any such misconduct, please immediately report it to a church staff member. We will take swift and appropriate action, including referring the matter to law enforcement as necessary.
Officials at Batavia Downs Gaming & Hotel are asking for entrants into their Annual Dachshund Races, scheduled to begin at 2 p.m. on Sunday, October 13.
Up to 80 dachshunds will be racing for the crown of fastest wiener dog in Western New York. Each “heat” winner will receive free play and the top 3 finishers in the championship race will receive free play, food vouchers and a free hotel stay.
Family related activities will also take place including; on site entertainers including face painting, balloon artists and magicians as well as a kettle corn stand, pumpkin decorating, carriage rides, pony rides. Those events will take place from Noon to 2 p.m.
The wiener dog races will commence at 2 p.m. With the Buffalo Football team not playing until Monday Night, patrons won’t have to worry about missing their favorite football team play on Sunday.
If you have a pure-bred dachshund and would like to enter your dog to participate, please call or email Arna Tygart at 585-343-3750 ex 6437 or email at atygart@bataviagaming.com.
Admission and Parking is free.
“Our Annual Family Fun Day and Wiener Dog Races are a staple of the fall here at Batavia Downs,” said President and CEO, Henry Wojtaszek. “We look forward to welcoming families and the community back to our facility for all the activities we have planned.”
AUTOMOTIVE MECHANIC CITY OF BATAVIA SALARY $25.54-$30.08 DISTINGUISHING FEATURES OF THE CLASS: Assignments in this Class require the exercise of specialized skills in tasks pertaining to the maintenance and repair of a wide variety of machinery and equipment used in public works activities, as well as to other vehicles owned or operated by the municipal employer. In smaller agencies, an Automotive Mechanic may exercise a degree of supervision over assistant mechanics or Equipment Operators performing minor maintenance and repair on equipment, with general supervision being received from a supervisor, superintendent, or other such official or designee. Does related work, as required. TYPICAL WORK ACTIVITIES: Repairs motorized and non-motorized equipment, such as trucks, tractors, mowers, graders, loaders, sweepers, rollers, compressors, and automobiles; Adjusts, repairs, and rebuilds gasoline and diesel engines; Repairs and replaces components of equipment, such as suspension systems, drive assemblies, brake systems, fuel systems, electrical systems, and cooling systems, and makes necessary adjustments to same; Carries out sanding, sandblasting, filling, painting, and related body-work tasks; Makes minor welding repairs; Operates drills, grinders, and other metal-working machines related to automotive repair functions; Performs preventative maintenance tasks which may include vehicle inspections; Attaches and removes snow plows, blades, and other attachments for motorized equipment; Maintains records of tasks performed, and other pertinent records; Requisitions parts and materials, to ensure adequate supply to maintain workflow; Acts as Equipment Operator, or wingman, as directed; May drive buses, cars, or trucks; May deliver fuel to job sites; Keeps shop area neat and clean. The above examples of duties are intended only as illustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITY AND/OR PERSONAL CHARACTERISTICS: Thorough knowledge of standard automotive repair and maintenance methods; thorough knowledge of automotive repair terminology and tools; working knowledge of welding techniques; ability to make difficult repairs to heavy automotive and other mechanical equipment; ability to work from plans and specifications, and to follow rough draft sketches and oral instructions; good motor and hand eye coordination; manual dexterity. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is occasionally required to reach with hands and arms. The employee constantly is required to stand; walk; and use hands to finger, handle, feel or operate objects, tools, or controls. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; and talk or hear. The employee must occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee is frequently exposed to wet and/or humid conditions. The employee is occasionally exposed to risk of electrical shock. The noise level in the work environment is usually moderate to loud. MINIMUM QUALIFICATIONS: One year of full-time paid experience as a skilled automotive repairman. SPECIAL REQUIREMENTS: Some jurisdictions may require appointees to receive and maintain certification as a NYS Motor Vehicle Inspector, within six months of appointment. SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT: 1. Possession and maintenance of appropriate valid license(s), as required. 2. In school districts where incumbent may operate a school bus, possession of a valid appropriate level New York State Driver's License is required. 3. Drivers must be at least 21 years of age. NOTE: In addition, candidates must satisfy the requirements for School Bus Driver set forth in the Rules and Regulations of the New York State Commissioner of Education. Non-Competitive Class Civil Service Applications are due to Human Resources no later than October 18, 2024.
