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UPDATE: Continued coverage of Muckdogs' search for buyer

By WBTA News

CLICK HERE for WBTA's full in-depth report today

...(Genesee County Baseball Club President) Brian Paris says he's particularly searching for someone not connected with this area and unaware of the situation, to recognize the ballclub's worth, both financial and sentimental.

He says that sponsor could easily work a re-naming deal for the stadium as a trade for their funding. At the least, he dreams of a large corporate sponsorship that would guarantee RCB sticks around for team operations.

But that's no guarantee. And sale of the team is a very real possibility.

Tom Williams is the attorney for the GCBC and will deal with the sale. He's not yet sure what kind of a price a minor league professional baseball club could go for these days.

"($6 million is) the kind of number that I've heard," he says. "I think (speculators) might be basing those numbers on what another team sold for recently" -- the Oneonta Tigers were sold for about $6 million just two years ago (according to WBTA's Wayne Fuller), and moved to Connecticut this past winter -- "but obviously...something's worth whatever somebody pays for it. We'll have to wait and see."

There is a chance that if the team does not sell, Major League Baseball would re-absorb it and remove it from the ownership of both GCBC and RCB -- and the clubs would potentially come away with no monetary compensation from a sale, which could net as much as $6 million. Williams isn't concerned about that just yet.

"I think that we would find something to do before that happened," says Williams. "We expect that we're going to get some interest in the team. If it's just flat and there's absolutely no interest, then I think we'll have to look at that, and decide what to do.

"But I really don't think that will happen. I think there will definitely be some interest."

WBTA's own Wayne Fuller, Voice of the Muckdogs for years, member of the GCBC Board of Directors -- and generally considered Batavia’s Mr. Baseball -- is somewhat saddened by the news.

"This is something that I've known for a couple of months now," says Wayne. "The board of directors, including myself, voted (in May) in favor of soliciting offers for the purchase of the franchise. We did not vote to sell the team; only to solicit offers."

Whatever may happen, today's announcement is one that many Batavians knew was coming, but didn't want to believe. Regardless, it is now a reality that the team may leave town -- and the collective air in the lungs of the Batavia community has, at least partially, been let out.

Paris says this is not the time for that. If there were ever a time to get out and support your hometown baseball team, it's now - more than ever.

"I absolutely believe that this team could stay in Batavia," declares Paris. "I believe Batavians don't give up. I believe that we will get people to come out and say 'No, we don't want (the Muckdogs) to leave, we want them to stay. We're going to show you we don't want them to leave by coming out in numbers.'

"Furthermore, should the team be sold: nobody's going to leave it in Batavia if there isn't support. So now is not the time to remove support. Now is the time to step up and support (the Muckdogs), regardless of the outcome."

Batavia man pleads guilty in federal court to child pornography charge

By Howard B. Owens

A 33-year-old Batavia man pled guilty today in U.S. District Court to a felony charge of receiving child pornography.

Samuel W. Nigro faces a prison sentence of five to 20 years and a fine of up to $250,000.

The case was prosecuted in a Buffalo federal court by Assistant U.S. Attorney Aaron J. Mango. Mango said Nigro received images and videos of child pornography using various internet sites on or about Dec. 9, 2008.

A search warrant was executed on Nigro's Batavia residence on Dec. 9, 2009. Mango said a forensic analysis of Nigro's computer revealed a total of 5,239 images and 113 videos of child pornography.

Sentencing is scheduled for 1 p.m., Nov. 16 in Buffalo.

Renowned Batavia surgeon weighs in on health care -- part 2

By Daniel Crofts

This entry concludes Sunday's article on the comments of Victor DeSa, M.D., who spoke to senior citizens at Batavia's First United Methodist Church last week.

Please remember, this is a summary of DeSa's presentation and does not necessarily reflect the views of The Batavian:

Medicare, Medicaid and senior services

By requiring insurance companies to expand coverage, the new health care law will drive costs up, according to DeSa. The government has told consumers that these costs will be offset by subsidies for people making less than $80,000 per year.

These subsidies will be coming, in part, from a $500 billion cut from Medicare -- and that's where senior citizens and others eligible for Medicare should be concerned.

But this is not the only problem. Both Medicare and Medicaid, which DeSa called "the original two public options," have met with disaster. Medicaid has already failed, and Medicare is on the brink of failure.

"The government has no idea how to handle the rising costs. Their idea of handling the costs is to take a machete to (the programs) and cut."

The result is the "doctor fix," a 21-percent cut in doctors' reimbursements. This could be disastrous in a system where the cost of providing services is already greater than what the doctors receive in compensation.

For that reason, many doctors no longer accept Medicare. The Mayo Clinic in Arizona has already determined that because of the new health care legislation, it will no longer deal with the program.

"So Medicare patients are going to have fewer and fewer choices of who is going to take care of them."

With fewer doctors available, waiting periods will increase. So the direction Medicare is taking presents seniors with a double disadvantage.

The government "carved the 21-percent doctor fix out of the bill" in order to avoid upsetting America's seniors, but that doesn't mean they've addressed the cost. They are simply pushing it to the side and will have to deal with it later.

"Six months down the road, they have to still come up with a fix for this 21-percent cut that they are going to make on Medicare payments to the doctors."

So that's the story with Medicare and Medicaid. As far as insurance for retired citizens goes, people who worked in the public sector should be okay (although DeSa said it's not impossible that this could change, because "anything is possible" with what the government is doing), but people in the private sector should be concerned.

What to do?

When asked how we can change the course we've taken, DeSa answered: "We've got to kick out the guys who did this."

He appealed to the power of senior citizens -- which he became two years ago -- who are "feared in Washington because we vote."

Many seniors were suspicious when the government said that $500 billion had to be cut from Medicare to cover health care.

"If they really addressed costs the way we asked them to do, a person making $40,000 a year be able should be able to afford health care coverage without subsidies, don't you think?"

Failure to address the problem of cost in the current system was one of DeSa's main critiques of the health care bill. He said that in looking for alternative plans, we need to look for one that does address them.

Counting the costs 

There are three main factors driving health care costs:

1) Overuse

Back in the old days, when there was usually only one doctor in town and he had to go to patients' homes to treat them, people only went to the doctor when there was something really wrong.

Now, with easy access to medical examination and treatment, people will go to the doctor -- and even to the emergency room -- whenever they have a minor health concern.

"We have to change that if we want to truly address the cost of health care."

But it's not just patients -- doctors sometimes overuse the system, too.

"I hate to admit it, but there's greed in every profession. There are bad apples in every bunch, and you've got to admit it."

2) The fact that people have insurance in the first place

Strange as this may sound, this can be a problem.

"Insurance is like a credit card, but you don't have to pay every month. So there's no incentive for you to be prudent with the costs. You don't even want to know what the cost is, you just want the health care."

DeSa believes that while insurance cannot be eliminated altogether, people should reduce their dependence on it. For health purposes, they should only turn to insurance in times of emergency.

Generally speaking, the way people take care of this part of the cost is by having "skin in the game."

"If you shop around for a car or a house, why shouldn't you be able to shop around for a doctor? Especially in this day and age, with the Internet and everything."

3) Liability

"Everything from a Band-Aid to a heart valve has a mark-up depending on the risk."

In other words, the more dangerous the a product or its failure can be -- and, therefore, the greater the likelihood of a lawsuit -- the more expensive the product.

Because the liability cost is factored into the price of the product itself, "the little guy gets it in the neck every time."

DeSa fully supports the patient's right to sue when a doctor has done something wrong or is incompetent, but he also believes that the whole liability issue should be looked at when considering the cost.

Government out, skin in (the game)

Costs are going down for procedures that are not covered by insurance (Lasik surgery is one example). The reason?

Competition.

"Costs come down if there are market forces in place."

DeSa saw this in his native India, which had a socialized health care system until the early 1990s.

When he was studying at Jabalpur University in the mid '60s, the Indian government had total control of health care and sent all competing forces out of the country.

The effect of this was what DeSa called a "brain drain."

"The best and the brightest (doctors) were all leaving the country."

He sees the same thing happening here in Western New York, where there is a serious shortage of doctors.

"Over 80 percent (of young doctors surveyed at Western New York teaching institutes) say they'll train here, but they're not going to stay in New York to work. We are known as one of the most heavily taxed and over-regulated states in the country."

Our response to this situation should mirror the response taken in India back in 1990. At that time, India began to default on its World Bank loans. Finance Minister Monmohan Singh -- who is now India's Head of State -- saw that the system was not working and started the country on a different path.

"He got rid of the government, encouraged entrepreneurship and lowered taxes."

Above all, the patient must take responsibility and be in control of his/her own health care. It can't fall to the federal government to make important decisions regarding people's health care, no matter how well-intentioned they might be.

Déjá vu

In addition to drawing from the experience of his native country, DeSa also discussed two other examples of what he sees as a health care system set up for failure.

The U.S. government's new health care model is based on the Massachusetts health care model, which DeSa called "an abject failure." He cited problems related to his comments about young, healthy citizens abusing health insurance.

"Just Google 'Massachusetts Health Law -- success or failure?'"

Socialized health care has proven disastrously ineffective in Britain as well.

"Just this month, Britain recognized that its system is a failure and said they are going to change the whole thing."

Part of that change will be a shift in power from bureaucrats -- of which there are 1.5 million overseeing the United Kingdom's National Health System -- to the doctors. As good as this sounds, DeSa fears it may be too late for it to work.

"The doctors (in the UK) have no business experience. Up to this point, the government has been taking care of everything."

His concern is that U.S. doctors will share a similar fate. As his presentation drew to a close, he told everyone that under the government's new plan, there will be over 120 new bureaucracies controlling health care.

DeSa admitted right at the start of his presentation that he had a bias as a health professional. He encouraged everyone to do their own research and decide for themselves whether or not the new health care reforms are to be welcomed or feared.

For sale sign hung on Batavia Muckdogs franchise

By Howard B. Owens

UPDATED 11:59 a.m.

With recent reports that the Rochester Red Wings are not likely to operate the Batavia Muckdogs for a fourth, reportedly money-losing season, the local owners of the storied franchise announced today they are seeking a buyer for the ball club.

Presumably, the owners, Genesee County Baseball Club, will seek an owner willing to keep the team in Batavia, though that's not yet confirmed.

Club President Brian Paris said ideally, the Genesee County Baseball Club will be able to find a buyer willing to keep the team in Batavia.

"Obviously, that's our first preference," Paris said.

But he's also hopeful that just like the miracle of the Red Wings rescuing the team at the last minute three years ago, perhaps another miracle will keep the team in GCBC hands.  What the club needs, he said, is three or four deep-pocket Western New York companies to step forward with sponsorships of $25,000 to $50,000 each.

It happens in other small markets, he said.

"That's a very realistic thought because other teams have those kinds of sponsorships," he said.

Paris said he doesn't blame the community.

"The tragic portion of this, is that we are on brink of losing the team and I think I’ve tried to be very frank with people and the media that this is what could happen if we don’t have a greater amount of support in ticket sales and sponsorship," Paris said. "I love Batavia and this is something we're just going to have to work through one way or another."

One of the team's most valuable assets is its name, Batavia Muckdogs. Little League teams across the nation have licensed the logo and name. It the team moves, it will no longer be the Batavia Muckdogs.

Paris said it's too soon to talk about scenarios involving no buyer being found, or a buyer being found and the team being moved to another city.

"I hate to be Pollyanna, a small town tree hugger, but something good is going to come of this," Paris said. "It’s going to work out. We just don’t know what it is yet."

Full press release after the jump:

BATAVIA, NY—The Genesee County Baseball Club, the not-for-profit organization that owns the Batavia Muckdogs of the New York-Pennsylvania Baseball League, announced today that it is soliciting offers from potential buyers of the team.

For the past three years, Rochester Community Baseball, owner of the Rochester Red Wings, has operated the Muckdogs under an agreement with the GCBC. The Red Wings have informed the GCBC that it is unlikely that the relationship will continue for a fourth year.

“We thank the Red Wings for these last three years, which included the memorable 2008 championship season,” Paris said. “They have indicated that they are probably going to move on, and we respect their decision.”

Paris said that the GCBC will give “strong preference” to potential buyers who pledge to keep the team in Batavia.

“Batavia has had a team in this league since 1939,” said Paris, “and we are very hopeful that we can find a buyer who appreciates the rich history, family atmosphere, great ballpark, and wonderful community spirit of Batavia.”

The NYP League, then called the PONY League, was founded in 1939 at a meeting at the Hotel Richmond in downtown Batavia. Batavia and Jamestown are the only two original PONY League cities that are still in the league.

Police Beat: Suspected drug dealer allegedly caught with 22 bags of crack

By Howard B. Owens

Willie J. Woods Jr., 36, of Casper Street, Rochester, is charged with one count of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and aggravated unlicensed operation of a vehicle. Woods was stopped at the entrance to the New York State Thruway by members of the Local Drug Enforcement Task Force and uniformed deputies. Woods was nabbed after a month-long investigation into the trafficking of crack cocaine in Batavia. Woods was allegedly found in possession of 22 bags of crack and a quantity of suboxon as well as $2,000 in cash. Woods was jailed without bail.

Jerry T. Saddler, 34, of 112 State St., Batavia, is charged with disorderly conduct and harassment, 2nd. Saddler was reportedly involved in an altercation in a front yard on State Street on Wednesday. Saddler reportedly aggressively approached neighbors and used profane language, leading to a disorderly conduct charge. On Wednesday, the woman he reportedly hit in the face declined to press charges. She changed her mind on Thursday and Saddler was charged with harassment, 2nd.

Ra Aaron, 39, of 111 Liberty St., Apt. C, Batavia, is charged with harassment, 2nd, disorderly conduct, attempted assault, 3rd. Aaron reportedly aggressively approached a person on Lewis Place and grabbed her by her wrists. When police responded, Aaron was located a short distance away. When approached by Officer Thad Mart, Aaron allegedly threatened the officer and then attempted to punch him. Aaron was jailed on $1,000 bail.

Martin L. Flickner, 48, of 4503 York Road, Leicaster, is charged with grand larceny, 3rd, and falsifying business records, 1st. Flickner was taken into custody on an arrest warrant upon his release from the Livingston County Jail. He is accused of falsifying the business records of his employer and stealing more than $3,000 between July 2008 and January 2009.

Batavia men accused of trying to shoplift more than $1K in items in Henrietta

By Howard B. Owens

One Batavia man was arrested and a warrant issued for another last week by Monroe County Sheriff's deputies for an alleged scheme to shoplift a basketful of items from the Home Depot in Henrietta.

Chad M. Johnston, 24, of Batavia, was taken into custody Aug. 5 and a warrant was issued for Mark W. McWerthy, 43, also of Batavia.

The duo is accused of filling up two shopping carts full of identical merchandise, running one through a check-out stand while leaving one unattended, then returning for the second cart and trying to exit the store using the first receipt as a proof of purchase.

The cart reportedly contained more than $1,000 in merchandise.

Johnston, already on parole, was jailed without bail. McWerthy reportedly fled the scene before deputies arrived.

Both are being charged with grand larceny, 4th.

In February, Johnston admitted in Genesee County Court to a burglary on Fairway Drive, where he attempted to steal more than $1,000 in household items, including a washer and lawn mower. Johnston was reportedly on parole at the time.

Today's Deals: Main St. Pizza, Settler's, Trading Post, Center Street and more

By Howard B. Owens

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts,lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

 

Oakfield deals with another young death after motorcycle accident

By Timothy Walton

It's another sad day in Oakfield. Twenty-one-year-old Justin M. Dickes was killed in a motorcycle accident as he left the funeral for Joshua Durham, who was one of three killed this past weekend in a car accident. Durham was killed along with friend Matthew Ware, 22, of Oakfield and his girlfriend Allyson Galens, 20, of Stanley.

It is believed that Dickes was trying to pass a van, that was turning into a driveway, when he hit the side of it and was ejected from the motorcycle. The accident was witnessed by Dickes' brother and other friends that were also leaving the funeral.

Dickes was taken to UMMC where he was then pronounced dead. When the accident originally occured, Mercy Flight was dispatched to the accident but was not used.

The van, owned by Ben's Appliance, was driven by 47-year-old Edward Shultz of Elba. He was not injured in the accident.

Above photo from Dickes' Facebook page.

Incarcerated Batavia man indicted on 10 counts of rape

By WBTA News

The Genesee County District Attorney's Office has indicted a man locked up in Elmira Correctional Facility for sex crimes he allegedly committed in the City of Batavia back in 2008.

Phillip E. Kroft Jr., 22, is a former city resident. District Attorney Lawrence Friedman alleges that between Sept. 29 and Nov. 10 of 2008, Kroft raped a young victim under the age of 15 on 10 separate occassions. That's just a 43-day period.

The D.A.'s office confirms that the victim was the same each time.

Kroft is now charged with 10 counts of 2nd-Degree Rape. He is currently incarcerated in Elmira on previous convictions in Genesee County. According to the D.A.'s Office, those convictions were for 2nd-Degree Rape, 1st-Degree Sexual Abuse, 3rd-Degree Criminal Possession of a Weapon, and 4th-Degree Conspiracy.

Double murder suspect from Oakfield reportedly confesses to cellmate

By Howard B. Owens

A former Oakfield resident who is a person of interest in a local unsolved murder reportedly told a cellmate in a Pennsylvania jail that he killed a couple there for money.

Stephen Patrict Rebert, 45, will stand trial for the double homicide of Victoria and James Shugar, both 61, of Jefferson County, following a preliminary hearing in which District Judge David Inzana said the prosecution presented sufficient evidence to try Rebert.

District Attorney Jeffrey Burkett presented a signed statement at the end of the hearing from Rebert's cellmate saying Rebert was motivated by his desire to steal rare coins and currancy, according to the Punxsutawney Spirit.

Rebert was arrested in Genesee County on June 3 and turned over to Pennsylvannia law enforcement. Investigators there say they found evidence on Rebert's computer tying him to the 2005 murder of Bill Fickel in Oakfield as well as the unsolved murder of Kevin Smith in Orleans County.

Photo courtesy of the Punxsutawney Spirit.

Car-motorcycle accident in Alabama

By WBTA News

There has been a car-motorcycle accident in the area of 2687 Judge Road in Alabama.

A Mercy EMS ambulance is responding while a Mercy Flight is in the air and on its way.

UPDATE (12:25): The patient is not being Mercy Flighted, but is on the way to UMMC.

Grand Jury Report: Man accused of raping girl in Batavia

By Howard B. Owens

Philip E. Kroft Jr., is indicted on ten counts of rape, 2nd. Kroft is accused of being 18 years of age or older and engaging in sexual intercourse with a person 15-years-old or younger. The alleged encounters occurred between Sept. 29 and Nov. 10, 2008, in the City of Batavia.

Kenneth R. MacGregor is indicted on three counts of criminal possession of a forged instrument, 2nd, and one count of aggravated unlicensed operation of a vehicle. MacGregor is accused of writing a forged check on June 4 in the Village of Corfu for $482.12, and on June 7 for $477.18 and on June 7 for $892.43. He is also accused of driving a car with his privileges suspended on June 7 in the IGA parking lot, Village of Corfu.

Javonie E. McKinney is indicted on one count of DWI and one count of aggravated unlicensed operation of a vehicle. McKinney is accused of operating a 2009 Kia on Bank Street, Batavia, on April 17 while intoxicated.

Police Beat: Duo allegedly caught with stolen vehicle

By Howard B. Owens

Tara Marie Gardner, 31, of West 3rd Street, Oswego, is charged with criminal possession of a stolen vehicle. Gardner was taken into custody at 7:51 a.m., Wednesday, on Route 98 near the Thruway entrance. The vehicle she was in was reported stolen earlier in Fulton. She was jailed on $100,000 bail.

John Patrick Smith, 39, of Somers Drive, Fulton, is charged with criminal possession of a stolen vehicle, DWI, and breath test refusal. Smith was taken into custody at 8:16 a.m. on Route 98, Batavia, following a complaint about use of a stolen credit card. The vehicle he was operating was reportedly stolen in Fulton. Smith was jailed without bail.

Jolene J. Goodell, 30,  of 13 Gilbert St., Le Roy is charged forgery, 2nd. Goodell is accused of altering a doctor's prescription in order to receive more of a narcotic medication. Goodell allegedly tried to pass the prescription in September at a local pharmacy, but a pharmacist detected the alteration.

Kathleen A. Wenzel, 62, of 8481 North St. Road, Le Roy, is charged with DWI, aggravated DWI with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Wenzel was taken into custody Wednesday on Lake Street by Det. John Condidorio after a witness reported seeing Wenzel seemingly having a hard time getting in and out of her car.

Paladino endorsed on steps of Old County Courthouse

By WBTA News

(by Dan Fischer)
Many Genesee County Republicans are throwing their support behind Carl Paladino for Governor.

Genesee County GOP Chair Richard Seibert, surrounded by a host of GOP loyalists, announced his endorsement of Paladino today.

Speaking on the steps of the Old County Courthouse, Paladino recognized agriculture as Genesee County’s number one industry. He says, as governor, he would support local farmers.

"If the farms are going to expand," he declared, "and they illustrate to us that they will reinvest their taxable profits back into the business, we're going to give them a tax holiday. We're going to share that cost with them, and it's going to be done equitably and fairly."

Paladino says if elected, he plans to halt the Mosque project at Ground Zero.

"I'm saying that as of January 1, I don't care what (stage of development) the project is in, I will stop it. And I will use what ever legal means I have available to me to stop it. It's an affront to the American people, it's an affront to the families that were lost at Ground Zero."

Paladino has petitioned his way into the Republican primary against former Congressman Rick Lazio.

Adultery charge against Suzanne Corona dropped

By WBTA News

As one reporter phrased it: "She wants to plead guilty, but doesn't want to admit to the crime."

Suzanne Corona did plea guilty to Public Lewdness in Batavia City Court today, and did have the charge of Adultery dropped. But it took an awful lot of work to get to that point.

Corona entered the Genesee County Courts facility early this afternoon, dressed in a pastel green suit and stiletto-heeled sandals. When Judge Michael Del Plato called her name just before 2 o'clock, she walked up to the stand beside her lawyer, Brian Degnan.

(Recorders are not allowed in City Court; quotes hereforth from inside the courtroom are written from recollection and extensive written notes.)

Judge Del Plato asked what the status of the case was. Degnan announced that he'd acquired everything he needed from the prosecution -- and that Suzanne Corona was prepared to enter a plea. Prosecutor Robert Zickl agreed, noting the prosecution's proposal for Corona to plea guilty to Public Lewdness and be sentenced "on a no-jail basis."

Judge Del Plato then asked Corona if she was indeed prepared to enter a plea. "Yes," she said, "and I am doing so with the understanding that the adultery charge will be dropped."

Then came the plea...sort of.

Del Plato asked: "Do you admit that on June 4th, 2010, at approximately 5:15 p.m. in Farrall Park, that you did expose your private or intimate parts in a public place?"

"No, I did not," Corona replied.

Judge Del Plato seemed dumbfounded at this point. Looking from Zickl to Degnan with a slight smile, he wondered aloud: "I thought we had a disposition?"

Zickl said, "Your Honor, Ms. Corona has said that her intimate parts were not exposed in the public view. The prosecution is willing for her to admit to 'having sexual contact with another person,' which could easily be viewed by another as sexual intercourse."

After Degnan whispered something in Corona's ear, Del Plato tried again.

"Do you admit...that you did commit a lewd act with another person?"

"Yes," Corona replied. Del Plato continued, "And do you admit...that you did have sexual contact with another person?"

Corona replied, "No, Your Honor. I was engaged in an inappropriate act."

At this point, all four began talking to and talking over one another. At one point, Corona was heard to say, "I just want to say that I did not expose..."

But Del Plato had heard enough. He ordered Degnan and Corona out of the courtroom to speak with each other.

Three to four minutes later, they returned and sat together in the gallery as Del Plato heard several more cases. Returning to the stand, Degnan attempted to call Corona up beside him. Del Plato wasn't having it.

"No -- no. Mr. Degnan and Mr. Zickl, I want to speak with you first."

After a quick conference, proceedings resumed. Del Plato again asked Corona if she admitted to committing a lewd act with another person in Farrall Park.

"Yes," she replied.

"Great," Del Plato muttered, looking down.

Corona had apparently also asked Degnan to remind the courtroom that she'd remained clothed throughout the entire encounter at Farrall Park -- which he did.

Del Plato instructed Corona to return to City Court at 1 p.m. on Oct. 20 for sentencing, and with that -- save for the sentence -- Corona's legal matter was over. Outside the Genesee County Courthouse, Corona said she was happy to have the adultery charge dropped.

"I believe it's a private matter between husband and wife," she said. "And the government steps in your life in so many different areas...and everyone has a different type of marriage."

But Corona has not ruled out her prior intention: challenging the constitutionality of New York State's charge of Adultery.

"That's something we will discuss, and it's probably going to come up."

Degnan seems less enthusiastic.

"Sure, there's a challenge possible, but we were just concerned about having the adultery charge dismissed. We haven't even started preparing for that matter at this point, and we'll cross that bridge when the time comes."

When asked if she was happy to put it all behind her, it took Corona only one, sighed word to communicate it all: "Yes."

UPDATE: Just spoke to Prosecutor Robert Zickl as he walked past WBTA Studios. He confirmed that Justin Amend was offered a similar plea deal, and accepted it, contrary to what a City Court clerk told WBTA on Tuesday.

Photo: Suzanne Corona and Brian Degnan speak to reporters outside Genesee County Court.

Police Beat: Man charged following argument with his brother

By Howard B. Owens

Thomas Ralph Stevens, 46, of Cook Road, Bergen, is charged with harassment, 2nd. Stevens is accused of arguing with his brother and jamming a finger into his brother's face, knocking off his glasses.

Dominic Joseph Cordello, 25, of Crossbow Drive, Penfield, is charged with a felony count of DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to keep right. Cordello was stopped at 12:24 a.m., today, on Alexander Road, Alexander, by Deputy James Diehl.

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Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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