First thing I did Thursday morning was stop by Batavia Downs to see off Assemblyman Steven Hawley and about 140 of his military veteran pals on a trip to Washington, D.C.  Today's time pressures kept me from doing a post about it until just now.

The video above is Steve talking about the trip. Below are three pictures I snapped just before the buses rolled.

Last year I said I would go this year. Well, maybe next year.

Our friends Dan and Debbie Fischer from WBTA are on the trip.

Attorney Thomas Burns won't get a change of venue for his client Matthew Wells, at least not yet, according to a ruling handed down by the New York Supreme Court, Appellate Division, Fourth Judicial Department.

Wells is one of three men accused of robbing the M&T Bank branch in Elba on June 18 and then leading local law enforcement on a six-hour manhunt through the fields and woods between Batavia and Oakfield.

Burns argued that Wells could not get a fair and impartial jury in Genesee County because many residents -- as evidenced primarily by comments left on The Batavian -- took offense to the perception that three city slickers could get away easily with a bank robbery in a rural county. Burns, in his motion, picked up on the phrase of one comment on The Batavian about dishing out "rural justice."

Burns also suggested that the only a fraction of Genesee County residents are black, so that it would be hard to seat a jury of peers for his African-American client.

The appellate judges ruled that Burns did meet the burden of proof that there is "reasonable cause to believe that a fair and impartial trial cannot be had." But the single-page ruling left open the ability for Burns to appeal again during the jury selection phase of a trial.

It's rare -- if not unheard of -- for attorneys to be granted a change of venue before jury selection begins, but if Burns had not filed the motion now, he could not file a motion -- under rules of the court -- for a change of venue later.

Wells is the only one of the three defendants to not plead guilty. Both Damone Dillon and Dennis Abrams have admitted to their roles in the June 18 robbery. Abrams, who planned the heist, is facing a lengthy prison term. Wells is accused of entering the bank with Abrams and actually participating in the stick up, while Dillon held the door and claims to have been a reluctant participant.

Neither defendant has been sentenced yet.

For previous coverage, click here.

Geoff Clough, a talented entertainer from Geneseo performed a Tribute To Bob Hope at 400 Towers Thursday night.

He began with a brief biography of Mr. Hope which included:

Leslie Townes Hope was born in London in 1903, the fifth of seven sons. His father, a stonemason, moved them to Cleveland, Ohio in 1907. Hope performed locally for several years and was discovered by comedian Fatty Arbuckle in 1925. A year later, he met George Burns and they traveled the vaudeville circuit with a pair of tap-dancing conjoined twins. He performed on several musicals and by the mid-1930s had begun doing films. It was around this time Leslie Townes Hope changed his name to Bob Hope, in response to a persistent nickname following him around: “Hopelessly.” Most of Hope’s fame came from his long tenure with radio and television (his relationship with NBC lasted over 60 years). Though never an Oscar winner, Hope is remembered as one of the great hosts of the Academy Awards, hosting or co-hosting 18 in all.

Quotable: “Welcome to the Academy Awards or, as it’s known at my house, Passover.”

Songs and stories filled the evening as we remembered Bob Hope in films, radio and TV.

"Do you know how many Presidents sat in office during Bob Hope's lifetime?"

The answer, 18. 

Residents enjoyed the sing-a-long, remembering songs that Bob Hope made famous.

The evening ended with Irving Berlin's "God Bless America".

A car fire has been reported on Route 262 just west of Route 19 in Bergen. Bergen Fire is responding. A first responder reports visible flames from the engine compartment.

On Saturday, September 26, you can help make hundreds of Genesee County families happier this holiday season! Stop by Clor’s (corner of Rte. 63 and W. Main St.) and pickup one of their tasty Chicken BBQ dinners – all proceeds will benefit the Don Carroll Toys for Kids campaign. For $8 you’ll get ½ chicken, salt potatoes, roll and either macaroni salad or coleslaw…not to mention a wonderful feeling knowing that you’ll warm the heart of a child this December.

Don Carroll has been organizing a massive toy give-away each holiday season by coordinating “giving events” throughout the year. A benefit concert (scheduled for November this year), as well as “Cheer for Kids” donation buckets at a Batavia High Football game (look for us at the October 9 game at VanDetta Stadium), and an impressive Gift Basket Raffle (tickets will be available at the November concert) are just some of the ways that you can give to this worthy cause. Absolutely no money is used for administrative costs or personnel fees…this is 100% volunteer-supported! All money stays in Genesee County.

So eat some chicken and help a child this Christmas! You’ll be so glad you did.  

A woman has been arrested for allegedly telling the Department of Social Services that a relative moved into her house, qualifying her for temporary government assistance.

Between Dec. 5 and Feb. 16, Stacey Ziminski, 36, of 119 South Swan St., is accused of collecting public assistance checks totalling $710.93.

The family member Ziminiski allegedly said was living with her, was actually living elsewhere, according to DSS investigators.

Ziminski was charged with two felony counts of offering a false instrument for filing in the first degree and one count of misdemeanor petit larceny.

She was arrested by Genesee County Sheriff’s Deputy Matt Butler, and arraigned before Stafford Town Justice Ben Mancuso, who ordered her held on $250 bail. 

Statements made by Dietrich Williams to State Police during an investigation into a shaken baby case in June can be used at his trial, Judge Robert Noonan ruled this morning.

Williams, currently held in Genesee County Jail, is charged with assault in the first degree and reckless assault of a child.

The content and nature of his statements were not discussed in court today, but he spent nearly eight hours in State Police custody June 25, after being picked up at a residence he shared with his girlfriend at 14 Hutchins Place.

The baby's name is Mariah and she was reportedly critically injured. Both Defense Attorney Jerry Ader and District Attorney Larry Friedman are waiting for the hospital to produce the baby's medical records for evidentiary review.

Williams is accused of shaking the baby and hitting Mariah's head against a hard object.

Shaken Baby Syndrome has come under new research scrutiny recently, and researchers suggest that the baby's head hitting a hard object may be a key element to any crime.

In his ruling, Judge Noonan said that Williams was made fully aware of his rights and had every opportunity to request an attorney or to cut off questioning. There was nothing improper about the State Police agent's questioning, Noonan said.

State Police investigators who specialize in violent crimes assisted in the investigation.

There were 10 more break-ins into unlocked cars in the Town of Batavia overnight.

Six occurred on Stringham Drive, two on Violet Lane and two on Terry Hills.

The usual items were taken, according to Deputy Chief Gordon Dibble, adding that the break-ins may be related to yesterday's thefts.

"For the most part, the thieves are limiting their efforts to unlocked cars with valuables in plain sight," he said. "Locking cars and removing valuable items (maybe locking them in the trunk) would seem to be prudent advice."

Organizers are calling the Genesee ARC Friends & Family 5K, that was held September 19th  in Elba a BIG success!  Perfect weather conditions resulted in a record number of people participating in the event which featured a 5K race, 5K walk and a 1 ½ mile fun walk.  A great family event.

The Post Race Party had plenty of kids’ activities including Magician, Adam Michael

and music by the Buffalo Road Show.

Many area farmers contributed to our “Taste of the Elba Area” produce display, giving everyone who attended  the chance to have some fresh grown fruits and vegetables to take home with them.

Special thanks to: Torrey Farms, G. Mortellaro & Sons, MY-T-ACRES, Fenton’s Farms, Schwab Farms, Halat Brothers, Domoy Farms, Harringtons, Porter Farms, Panek Pumpkin Patch, Swanson Farms, Lamb Farms

The top male and female winners were Michael Richenberg of Elba and Kimberly Mills of Basom.  Richenburg ran the 3.1 mile course in 18:24 and Mills came in :20 later at 18:44.  Complete race results are posted at www.pcrtiming.com.

The Batavia High School JV Cheerleaders added a lot of excitement to the finish line!

Funds raised in the Genesee ARC Friends & Family 5K helps support disability services provided by ARC and funds the Genesee ARC Mary Anne Graney Memorial Scholarship.  Two past scholarship winners, Misty Stratton of Elba and Nichole Longhini of Batavia attended the event. Mary Anne Graney was a parent, educator, advocate and friend of ARC and was committed to helping enrich the lives of people with developmental disabilities and their families.  Pictured below are Graney family members.

In addition to the event’s many sponsors, runners and walkers, Genesee ARC wants to thank the Elba community, neighbors, Elba Town Board and Highway Officials, Genesee County Sheriff’s Department and Mercy EMS.  A big salute goes out to our crew of 45 volunteers who coordinated parking, registration, photo coverage, food, the kids’ zone, and ensured safety along the route.  The biggest thanks of all, goes out to the Graney family, the driving force behind the success of this event.    

It would be illegal to use stimulus funds to help struggling dairy farmers, according to Gov. David Paterson's office.

Dairy farmers, of course, create and retain jobs and help provide an essential food product. Agriculture is a significant part of Upstate New York's economic well being.

Meanwhile, the D&C reports today that Rochester's homeless program, with a regular annual budget of $400,000, is receiving $4 million in stimulus funds.

No slam here against the homeless or helping the needy -- government handouts to both dairy farmers and the homeless raise certain small-government and free market philosophical issues ... but, isn't something amiss here? 

If stimulus money is supposed to, you know, stimulate the economy (at least in theory), shouldn't it actually go to programs that, you know, might actually stimulate the economy?

A car has driven off the road and into the trees in the area 1950 Roberts Road in Alabama.

Unknown injuries at this time.

UPDATE: First responder reports minor injuries.

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Bergen Volunteer Fire Department is working a small bursh fire at 14 Gates St. It's described as "two small piles."  No report yet of it turning out to be a controlled burn.

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Every so often I stole a glimpse heavenward. The early a.m. sky was crystal clear, the lightshow overhead spectacular. Orion, Pleiades, Cassiopeia and both Dippers stood out clearly while the spiral arm of the Milky Way appeared to be a misty vapor spanning the dark expanse. 

Doug in foreground, Jim in background, setting decoys.

The canoe is loaded to the max with decoys, packs, shotguns. Amid the gear sits Sadie, Doug Harloff’s chocolate Lab. I’m seated in the bow while Doug mans the stern. Some distance ahead of us a small beam of light pierces the darkness - a headlamp worn by Jim DiCasolo. Situated in his canoe are more decoys and Quaker Hill Dee Dee, Jim’s chocolate lab.

Doug looking for incoming geese.

A forty minute canoe ride – including one portage – took us to our destination, a brushy clump of growth that would serve as a blind. Before getting situated there was the business of setting out decoys. Already the first hint of light penetrated the horizon, bringing with it silhouettes of ducks zipping past at close range.     

Sadie doing what she does best.

With the last of the decoys set, both canoes were then pulled into the “floating island” and covered with camo-mesh. As daylight increased it became easy to identify ducks on the wing. Mallards, blue wing teal, black ducks, woodies and even pintails were on the move. But duck season was still a month away.

Jim DiCasolo scans the sky.

We were here for geese, and once the first flocks were heard, Doug and Jim went to work on the calls.  Both felt it would be a spell before they got any response, as the honkers were heading for the feeding grounds. We looked forward to their return trip.

Before long a pair of Canada’s came in, dropping into the decoy set. The shotguns barked and a second afterward, Sadie and Dee Dee leapt in, swimming to the fallen birds.

Dee Dee, 11 years old and still going strong.

It was obvious both dogs had been taught well. Whenever a flock of geese came into view, or even low flying ducks, the dogs locked in, following intently with their eyes. Dee Dee and Sadie were a joy to watch, and on this day, six hours spent standing in thigh deep water passed quickly.      

I'm Dutchess. But don't let my name fool you -- I'm not a snooty lady! Oh, quite the contrary. My lineage is boxer/pit bull mix, I've been spayed and, seemingly, I am housebroken. Inarguably, I am sweet to people and other dogs. My leash manners are commendable. If you would like to take me home and love me, I would be royally grateful.

Buddy here. They say I'm a nice-guy kitten with an affectionate, outgoing personality. I give clues about the real me by doing things like jumping on your shoulder and snuggling against your cheek. My purr is evidence that my motor runs smoothly. Oh, yes, I am sweet, too. Though I like Halloween as much as the next kid, I don't take things personally. If my onyx-colored, gleaming, gorgeous fur frightens anyone, I just hiss and say "Boo!" That'll show 'em. Let's go trick-or-treating together, OK?

And animal lovers: Don't forget about entering your pets into our Pet of the Week Contest. If your pet is worthy of pet of the week, have him or her e-mail us at pets (at) the batavian dot com.  Please have your pet send a handsome picture and his or her story. Click here for more information. Your pet could win a $10 gift certificate from Genesee Feeds.

So you hear there are no jobs in Batavia, and companies don't want to do business here, etcetera. The carping sometimes seems ceaseless.

Me, I'm a glass-is-half-full kind of guy.

And I think most of the entrepreneurs who have invested in Batavia and Genesee County are the same sort of people, which is why this job ad posted today caught my eye:

Career Opportunities - Growing Company in Batavia is searching for hard working, reliable employees for all aspects of manufacturing.

We are conducting open interviews Friday 10/2/09 from 9:00am-12:00pm.

Imagine, a local company doing so well in Batavia that they have to conduct their own job fair. The ad makes it sound like there are at least six openings, and from the job titles, I'm betting a few if not all of them pay "a living wage" (to use the oft-cited term for what makes a good job).

The company is Prime Materials Corporation, 6 Treadeasy Ave., in the City of Batavia.

The last time somebody left a comment asserting that nobody wants to do business here and all the businesses are leaving, I pointed out some counter examples, which I'll note again: Kravings Kafe and Great Kutz both just opened in Valu Plaza; Ken Mistler is readying two new businesses and planning a third; There's one newish business on Ellicott Street and another store coming; A Canadian company is opening a new location downtown; Mancuso Corp. is investing a substantial amount of its own money (not just the RestoreNY funds) into the Masse Gateway Project; Clor's Meat Market greatly expanded its operations by moving to a new location; people complain about the open store fronts on Main Street, but all of them have ongoing interest from potential businesses for those locations. And I'm sure I'm leaving out other new businesses and expansions.

Not to mention that there are several hundred businesses thriving in the city and several hundred more throughout the county.

For me and Billie, we consider Batavia a great place to base our own business. If we didn't, we wouldn't be here. That's a lot of things I could do or places I could be if I didn't see Batavia and Genesee County as a great opportunity.

The bottom line: the pessimism about Batavia and Genesee County as a place to do business is unwarranted and it's contradicted by the actual business activity in town.

(Updated Version)

The driver of a Chevy Aveo suffered a serious-enough head injury to require Mercy Flight Air transportation to an area hospital following a two-car accident in the vicinity of 3892 W. Main Street Road, Batavia.

The woman was initially reported as unconscious, but regained consciousness after emergency personnel arrived on scene.

Deputy James Diehl said his initial investigation indicates the Santa Fe was changing lanes when it struck the Aveo, which was stopped to make a turn.

The driver of the Santa Fe, who was not injured, is likely to be cited, Diehl said, for unreasonable speed with a hazard in the road (the stopped Aveo).

We'll update this post when the official accident report is released.

UPDATE:  The driver of the Santa Fe has been identified as Heather Nadolny, 35, of 2753 Pearl St., Batavia. The driver of the Aveo has been identified as Jeannette N. Orr, 65, of 3396 Dodgeson Road, Alexander. Orr was taken to ECMC via Mercy Flight. This morning, Orr is listed in fair condition.

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A Stafford man admitted this morning to brandishing a rifle in a threatening manner during a dispute on March 17.

Michael A. Nicometo, 24, also pleaded guilty to an unrelated misdemeanor DWI charge and aggravated unlicensed operation of a motor vehicle. He was arrested on the DWI charge in Le Roy on Sept. 6.

As part of the plea arrangement, a handful of traffic tickets, some stemming from the Sept. 6 arrest and two others from other dates, were dismissed.

Nicometo will be released to an alcohol treatment facility and will come back at a later date for bail review and sentencing on the menacing and DWI pleas.

The maximum sentence imposed on Nicometo, primarily for the aggrevated unlicensed operation charge, could be four years in state prison. But if Nicometo follows the judge's orders, he could face a maximum sentence of 1 1/3 to 3 years. Regardless, the menancing charge would result in a concurrent sentence.

A Batavia man accused of selling cocaine and crack cocaine on two different occasions plead not guilty today to all the pending charges.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance stemming from an arrest earlier this month. In June, Lee was arrested and charged with criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. He was reportedly a resident of Ross Street at the time of that arrest.

Lee is out of jail after posting bail of $50,000 for the first arrest and an additional $5,000 on the second set of charges.

Previously:

• Batavia man accused of dealing cocaine
• Police Beat: Alleged drug dealer on Maple Street in Batavia arrested

Two men accused of dealing drugs in Batavia -- in separate cases -- were in court today to consider possible plea bargains and both men said they needed more time to think about the offers.

Michael R. Ransear, 24, of Rochester, was arrested in January for allegedly dealing crack cocaine. His aunt was arrested at the same time for alleged possession of a controlled substance.

Today, Asst. D.A. David Gann told Judge Robert Noonan that Ransear has been offered a plea that would lead to a maximum six-month sentence. He would be required to plead guilty to a class D felony, criminal sale of a controlled substance.

Ransear's attorney, Fred Rarik, said his client requested more time to think about it. Judge Noonan set a trial date for October, but also granted Ransear an extension on the plea offer.

Kirby S. Wall, 32, of Rochester, was arrested in April. He reportedly tried to run from police to evade arrest but was subsequently caught in the area of 400 Towers.

Wall has been offered a 2 1/2- to 3 1/2-year prison term in exchange for pleading guilty to a felony count of criminal sale of a controlled substance as a second serious felony offense.

Wall, also, wants more time to consider the offer. Judge Noonan granted an extension on the offer, but also set a trial date in the case.

Gann asked that as a condition of his plea, Wall be required to return "the buy money," which he allegedly ditched during the foot pursuit.

Both Wall and Ransear are out on bail.