Pictured above, Jerry Smith, Jr., Kenneth Griffith, Edward Woods and James Soggs from Batavia Youth Football. They wanted their picture on the home page of The Batavian, so here it is!

Fresh off a sweep of the Ironbirds in Aberdeen, the Muckdogs return home to take on State College tonight at 7:05. UFC Fighter Matt "The Hammer" Hamill will sign autographs from  6pm-8pm. The first 500 fans through the gate will receive a Championship Souvenir Travel Mug. Should be a great night! See everyone at Dwyer!

I wish somebody had tipped us to the new grocery store opening in Pavilion.

It's the kind of local entrepreneur story I like -- seeing a need, seeing an opportunity and taking action.

The store is being opened by Jeff and Vicki Kingdon, a Pavilion couple with no prior grocery store experience. 

And it raises the question: If an entrepreneur is willing to take a chance and open a grocery store in Pavilion, why can't somebody do the same thing in Downtown Batavia?

There's some great retail space vacant downtown. There's no reason for it to remain empty.

Sixteen people were arrested Friday night at the Blink 182 concert at Darien Lake Theme Park.

Charles J. Cook, 18, of 5 Cherry Lane, Orchard Park, charged with trespassing for allegedly jumping a fence to enter the concert venue.

Brett A. Causyn, 18, of 6596 Warboys Road, Byron, charged with trespassing for allegedly jumping a fence to enter the concert venue.

James W. Causyn, 19, of 6596 Warboys Road, Byron, charged with trespassing for allegedly jumping a fence to enter the concert venue.

A 17-year-old from Byron charged with trespassing for allegedly jumping a fence to enter the concert venue.

A 17-year-old charged with harassment for allegedly striking a security guard on the head.

Joel P. Proulx, 20, of 2730 Upper Mountain Road, Sanborn, charged with unlawful possession of marijuana.

A 17-year-old was charged with unlawful dealing with a minor and unlawful possession of marijuana after allegedly providing marijuana to a 14-year-old.

Thomas Gardner, 20, of 52 Woodshire North Road, Getzville, charged with unlawful possession of marijuana.

Daniel Myers, 21, of 88 Candlewood Lane, Williamsville, charged with unlawful possession of marijuana.

John J. Coppa, 18, of 9 Haverhill Road, Churchville, for unlawful possession of marijuana.

Nicolas Lacolla, 20, of 112 Heather Lane, Scottsville, charged with unlawful possession of marijuana.

Seth M. Evans, 19, of 2 Durham Circle, Fairport, charged with possession of alcohol by a person under age 21.

A 17-year-old from Fairport charged with possession of alcohol by a person under 21.

Justin M. Hamm, 21, of 90 S. S. Ellington Ave., Depew, charged with trespass for allegedly re-entering the concert venue after being kicked out. He was jailed on $200 bail.

Erin L. Falzarano, 31, of 1033 Keyes Ave., Schenectady, charged with petit larceny for allegedly stealing items from the concert venue. Falzarano was jailed on $250 bail.

John T. Plakas, 19, of 2045 Arcona Court, Niskayuana, charged with petit larceny for allegedly stealing items from the concert venue. Falzarano was jailed on $250 bail.

A truck and motorcycle have hit at the intersection of Indian Falls Road and Little Falls Road, but the motorcycle rider is reportedly up and walking around.

An ambulance is responding.

UPDATE 10:47 p.m.: First responders are reporting no injuries.

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A "general alarm of fire" has been sounded at 5 City Centre, the Girl Scouts of America. City fire crews are responding.

A person at the office tells dispatch that there is nothing showing. Dispatch also reports other alarms sounding in the building.

Had lunch at the Log Cabin at Indian Falls.

Huge fish fry...way too much, had to bring half home.

It's a beautiful evening and the vendors are getting all set up, so come on out for Summer in the City in Downtown Batavia.

An organization that specializes in helping under-served rural communities improve medical care has agreed to open offices in the new med-tech center under construction on Steven Hawley Drive, accross the street from GCC.

The Batavia-based Western New York Rural Area Health Education Center (R-AHEC) is a non-profit independent organization that creates community partnerships to educate and place health care professionals in under-served rural areas.

Additionally, UMMC has received a "certificate of need," allowing it to sign a long-term lease at the new facility.

As a not-for-profit community hospital, UMMC is regulated by the state and is required to seek approval for projects involving expansion of services or renovations to its facilities.

The approval will allow UMMC to move its two physical therapy operations into a single, more modern and high-tech space with improved handicapped accessibility.

Overnight, a witness observed somebody entering parked cars along Cedar Street and called police.

Police officers E.E. Bolles and Frank Klimjack located the suspect on East Avenue and allegedly found him with the fruits of his crime -- items taken from a parked vehicle, including a bottle of prescription medicine.

Charged with petit larceny and possession of a controlled substance was Benjamin Evans, 20, of 11 S. Main St., Batavia.

Evans was arraigned before City Court Judge Michael Del Plato and bound over on $3,000 bail.

Carlson's Studio, 39 Jackson Street, Batavia, N.Y.  Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $100 gift card for $50 (with $2 PayPal fee).

Adam Miller Toy & Bicycle, 8 Center St., Batavia, N.Y.: Here's a toy store suitable for your own fun, or your children's. From models to bikes, from board games to outdoor games, Adam Miller is just a fun place to shop. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: 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. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

O'Lacy's Irish Pub, 5 School St. Batavia, N.Y.: In Irish pubs, it doesn't get more authentic than O'Lacy's.  Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, N.Y.: An institution in Batavia, Alex's offers a great dining experience, whether you're in the mood for prime rib, ribs or seafood.  We have a $50 gift certificate for $25.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

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

All items sold for today.

A "rural justice attitude" will prevent at least one of the defendants in the June 18 Elba bank robbery from getting a fair trial in Genesee County, according to Batavia defense attorney Thomas Burns.

Burns is defending Matthew J. Wells, who is accused, along with two other men from Buffalo, of robbing the M&T Bank branch in Elba, making off with at least $10,000 in cash, and then leading local law enforcement on a five-hour manhunt (with Wells being the final suspect caught).

In papers filed Thursday, Burns cites extensive media coverage of the robbery and manhunt, with special attention on The Batavian, as part of his change of venue motion.

Comments made by readers on The Batavian, as well as quotes from local law enforcement officials cited in coverage on The Batavian, indicate, according to Burns, that local jurors would be prejudiced against his big city client.

Among the five reader comments Burns includes in his brief is this one by Jeff Allen left the day after the robbery:

"Let's give major kudos to our local law enforcement agencies. The fact is these thugs thought that driving out to a hick town near a Thruway exit would be an easy knock off and escape back to the city. They got a quick introduction to rural justice. The only question that loomed yesterday was who would get them first, the police or a ticked off land owner with a shotgun! Great work everybody (Howard included), you did our area proud!"

Burns also cites quotes from Chief Jerome Brewster of the Genesee County Sheriff's Office and District Attorney Lawrence Friedman in The Batavian suggesting the suspects thought a rural bank might make an easy target.

His change of venue motion rests on three key points:

• Intense media saturation coverage in a small, rural community with "sensationalized reports" combined with instantaneous and interactive technologies.
• Lack of racial diversity in Genesee County (only 2.6 percent of the population is African-American).
• The fact that some 30 to 35 percent of the people living in Genesee County were directly impacted by events that day, primarily because of the BOCES-imposed school lock down.

But it's the news coverage of The Batavian, and the comments on posts, that take up the bulk of the motion by Burns.

The attorney argues that the nature of media has changed, making the case for venue change even more compelling. The last change of venue granted was made by a local appellate court in a 1983 murder case. The trial was moved from Livingston County to Monroe County out of concern for "rural justice" attitudes and local media coverage.

"It is submitted that widespread use of internet news services will require courts to carefully assess the impact of instantaneous news reporting from on-line news services upon small rural counties reacting to high-profile crimes," Burns writes.

"It is reasonable to conclude that the Fourth Department Justices grappling with the Acomb, supra, decision in 1983 would have found the extent of localized publicity significantly increased had that decision been made after 1992, when the internet became widely accessible to the public, and even more so today where internet news sources saturate homes and businesses with instantaneous news of local concern and provide interactive content with subscribers and readers. Of the news services cited herein only the traditional print media and Time Warner services require reader/viewers to pay a fee. 'The Batavian' cited at length in this affirmation is available 24 hours per day without fee. In contrast, in Acomb, it is believed that media resources were exceedingly limited when compared to today's media outlets."

Burns also cites "extensive negative press" following bail review hearings for co-defendants Demone Dillon and Dennis Abrams as the reason he didn't seek bail for his client. Both Dillon and Abrams were offered bail of $250,000 and bond of $500,000 following hearings in which both defense attorneys and the prosecution discussed details of the cases at length. Following both hearings, written and verbal confessions were made available in the public case files. The Batavian reported details of the June 18 events from these sources.

District Attorney Lawrence Friedman said he doesn't believe Burns will win his motion and that it's premature for a change of venue motion because jury selection hasn't even started yet.

"Normally, you wait until you select a jury and then document the difficulty in doing so because of pre-trial exposure," Friedman said.

Friedman, who said he regularly follows local law enforcement cases on The Batavian, said it's rare for media coverage to impact the ability of attorneys to impanel an impartial jury and that it's too soon to say if new media is going to make that job harder.

Burns agreed that it may seem early to file a change of venue motion, but he said court rules compel him to file all of his motions within a certain time frame. In order to preserve the rights of his client, he said, he had to file the motion before today.

On behalf of Wells, Burns filed several other motions Thursday, including one to suppress any statements Wells made after his arrest.

Burns contends that Wells was not read his rights for more than two hours after his arrest. During that time, Burns states, Wells expressed a desire to remain silent and to speak to an attorney, but investigators kept pressing Wells to talk. Wells was arrested at 2:51 p.m., but it wasn't until 5:35 p.m., when a written confession was placed before Wells to sign, that he was read his Miranda rights.

Burns also claims there is a lack of reliable eyewitness testimony to place Wells at the Elba bank. The witnesses can only describe the robbers as black, Burns contends, and cannot positively identify Wells as one of the men inside the bank.

These facts call into question the evidence provided to the Grand Jury that led to the indictment of Wells on the bank robbery charges.

Burns also tipped his hand on a possible defense. Wells, in his defense, will assert "lack of knowledge and understanding of the criminal activity as a result of duress or improper influence by one or both of the co-defendants."

The change of venue motion was filed with the New York Supreme Court, Appellate Division, Fourth Department. The other motions were filed with Judge Robert Noonan in Genesee County. Noonan will hear arguments for the motion at 10:30 a.m. on Sept. 8. There's no word on when the appellate division might issue its ruling.

Previously:

• Manhunt in progress near Townline and 63
• Elba robbery suspects identified, arraigned and held without bail
• 'I messed up,' Elba robbery suspect texted wife while hiding from police
• Third suspect in Elba robbery enters not guilty plea
• Elba robbery defendant reportedly sterling citizen prior to alleged crime
• Suspects didn't know what they were getting into when they chose Genesee County
• Two Elba robbery suspects to answer to charges in court tomorrow
• Alleged Elba bank robbers indicted by grand jury

One of my favorite blogs about rural issues, the Daily Yonder, carries this:

What promised to be a consensus-building search for solutions for American’s unsustainable fragmented health problems has turned into a debacle. Make no mistake about it, this is the fault of the President — no one else.  I say this as a supporter of President Obama. I’m a lifelong Democrat. I voted for Barack Obama with enthusiasm and I still have his bumper sticker on my car and pickup truck.

And

I can tell you that his first mistake was to discount the good advice he was getting from rural Senators on both sides of the aisle. Obama is an urban president and he’s been looking to the coasts for direction. He should be looking more to the Plains.

Read the whole thing.  It's a disappointing and disturbing assessment. If the president really screwed the pooch on health care, it will cast a pall on the next three years of his presidency. That's not good for the country, whether you like the president or not or are a localist or a nationalist or not.

Strong winds and cloud-to-ground lightening is expected to pound Genesee County from now until 11 p.m.

The National Weather Services advises people to move inside to avoid being struck by lightning.

Winds up to 60 m.p.h. are expected.

One person suffered a minor injury in an accident Wednesday at 6:43 p.m. when the driver of one car reportedly tried to make a left-hand turn on to Batavia-Oakfield Townline Road from Route 63.

Lisa M. Pursel, 39, complained of neck pain following the accident and was transported to UMMC.

Pursel, of 222 Liberty St., Batavia,  was driving a 2006 Toyota sedan northbound on Route 63 when she attempted to go around an uninvolved southbound vehicle that was also making a left-hand turn.

It appears Pursel did not observe the oncoming, southbound car of Jason Siverling, 35, of 57 Redfield Parkway, Batavia.

Siverling had his three children, ages 2 to 6, with him in his car at the time of the accident. Neither Siverling nor any of the children reported any injuries.

The accident was investigated by Deputy Chris Parker.

There is a severe thunderstorm watch taking effect at 7:23 p.m. for Western New York, and it will be in effect until 2 a.m.

How many ways can New York come up with to tax us?

That's one of the things Batavia resident Louis Dobbs wonders.

Assembly Steve Hawley and Sen. Mike Ranzenhofer held a joint press conference at the Batavia home of Dobbs today calling for a repeal of a recently enacted two-percent tax on utilities.

"It just never seems to end," Dobbs said. "Just when I thought New York State had exhausted all the possible ways to tax us, they find one more way to squeeze a few more dollars out of our wallets." (listen)

Hawley and Ranzenhofer are asking their constituents to sign petitions, which they, along with other Republicans in the legislature, will take to Gov. David Patterson, hoping to convince him to drop the tax.

The tax is scheduled to take effect next July.

Hawley said these are very difficult times in upstate and Western New York, and the new fees and taxes don't help (listen).

To sign the petition yourself, you can contact Steve Hawley’s office at 589-5780, or click this link: Sign the Petition

(This post based on the reporting of Geoff Redick from The Batavian's news partner, WBTA.)

By the time fire crews from Indian Falls and Pembroke arrived on scene of a truck fire this afternoon, the tractor, but not the trailer, was fully engulfed in flames.

Firefighters quickly noticed a placard on the trailer warning that it hauled an oxidizer chemical and notified dispatchers. Genesee County's hazmat team was dispatched to the fire location -- the Flying J off the Thruway at Route 77 in Pembroke.

While it took firefighters from Indian Falls, Pembroke, East Pembroke and Corfu nearly an hour to battle the blaze, they did manage to contain most of the fire to the tractor, according Tom Yaeger, emergency management coordinator for Genesee County.

The fire was initially reported at 1:22 p.m..

The fire did extend into the trailer, the but it was kept well away from the hazardous chemical, Yaeger said.

The chemical was potassium nitrate. The chemical has a wide variety of uses, including fertilizer and fireworks. At one time it was used as a food preservative for meats.  In this case, it was stored in a small electrical component, Yaeger said, and did not spill or leak.

Still, it was a good thing the hazmat team was already in place because more than 240 gallons of diesel fuel leaked into the Flying J's drainage system.

The system, Yaeger said, is designed to contain such spills and none of the fuel went beyond the Flying J property. Most of it wound up in a containment pond, where hazmat crews were able to soak up most of the diesel.

At 4:30 p.m., Yaeger and his team, as well as Pembroke's fire crews, were still on scene awaiting the arrival of a private company to finish the clean up.

There were no injuries in the fire or as a result of the spill or the emergency efforts.

Route 77 was shut down for a couple of hours as a result of the incident.

The tractor is described by a Sheriff's Office report as a 2006 Volvo Tractor, owned by Homes Freight, Inc., out of Ontario, Calif. The tractor was a total loss.

Previously: Fire involving chemicals at Flying J

NOTE: If any of the firefighters who responded happened to take pictures, we would be happy to share them with readers.

There's something about throwing a pie in somebody's face that's just funny. Always has been, always will be. Same can be said of watching someone full grown and fully dressed suddenly drop into a tank of cold water against his will.

The latter is but one bit of fun in store for people who go to the fifth annual Summer in the City festival this Friday and Saturday. Food, drink, rides, music, crafts and more will be plentiful.

Now this business about dunking isn't free, although the festival is, of course. You must pay to get a chance to hit the thingamajig that, successfully done, pulls the whatnot and plunks politicians and the like into the aquasphere.

This mildly twisted amusement takes place in front of the Girl Scout Building on Main Street from 3 to 8 p.m. Saturday. The fine, upstanding stooges have volunteered their time for specific half-hours, so if you've got a grudge or a sense of mischief you might want to consider this option. You may not get another chance.

Plus, the money will go to buy supplies to build wood cook stoves for mountain folk in the Domincan Republic. They could sure use the stoves, according to Tim Rimmer, who along with Jon Rimmer is getting creative in ways to raise money for their cause as part of service to the Peace Corps.

Here are the dunkables:
3:00 – Bill Cox
3:30 – Mike Rimmer
4:00 – Steve Carr
4:30 – Cory Richenberg
5:00 – Ted Hawley
5:30 – Jay Gsell
6:00 – Hollis Upson
6:30 – Owen Gould
7:00 – Steve Hawley

Friday's festival runs from 5 to 9 p.m. and on Saturday from noon 'til 9 p.m. Entertainment will be provided by: McMahon Irish School of Dance; The Double Image Band; Ghost Riders; and Joey T & The Formula.

Children's activities include “I’ve Got Rhythm” KidsZone in Jackson Square. Plus, “Fun For Everyone Shows” will be returning with carnival rides and games in Jackson Street Parking Lot.

On Saturday, the Super Car Cruise is scheduled with over 450 vehicles of all types.

This event is sponsored by the Batavia Business Improvement District Summer in the City Committee.

For more information about “Summer in the City” Festival visit the B.I.D. website at www.downtownbataviany.com or call the following: B.I.D. at 585-344-0900 or Jeffrey Gillard at 737-3484 for more details.