With news today that crews were starting to remove the drums of rock and soil from the Lehigh Valley Train Derailment site, I drove out for pictures of the activity.

Prior to leaving Batavia, I made repeated requests to move closer to the work than just the gate at the front driveway of the site. EPA spokesperson Mary Mears said no each time, telling me I could get adequate pictures from Gulf Road and the television stations were satisfied with that location. When I arrived on site, I called Mears and repeated my request, telling her the distance and vehicles in the entryway obscured much of the activity. She said she would call the site manager and pass along my request. 

My request was pretty clear and simple: Walk up the driveway, where no heavy equipment was operating and take pictures from outside the fenced area, where, again, no heavy equipment -- no equipment at all -- was operating. 

The supervisor reportedly told Mears that it would be unsafe for me to walk in for closer photographs.

I walked to three different locations along the perimeter and using a long lens, took these photos -- the best I could get under the circumstances.

A 33-year-old Bergen woman who was charged with second-degree assault following a Rascal Flatts concert at Darien Lake in August has filed a claim against the Genesee County Sheriff's Office alleging false arrest.

Carolyn Marie Smith, of McCabe Court, was accused of hitting a 57-year-old man with her iPhone, causing him to need seven stitches across the bridge of his nose.

But Smith says she was the victim in this case, and when she tried to show her bruises -- including one that left, according to a physician's report she obtained later, a residual mass on her breast -- a Sheriff's sergeant arrested her anyway.

A grand jury returned a "no bill" (meaning, the grand jury didn't find sufficient evidence to sustain the charge) on Smith's case.

Attorneys have told her, Smith acknowledges, that suing law enforcement over an arrest is extremely difficult. They are hard cases to make because arrests can be subjective judgements and it's up to the legal process to determine the validity of the charges.

"I understand they arrest who they choose and let it get sorted out by the law, but to drag somebody who has no record, who has never been arrested, who is the mother of  three kids, and was attacked, I just don't get it," Smith said.

Sheriff Gary Maha said that because of the notice of claim, there is a limit to what he can say about the case, but added, "I would state that this arrest was based upon an assault that occurred at Darien Lake following a concert, and the complaint was filed by another individual. The District Attorney's Office was consulted prior to arrest."

So far Smith hasn't been able to find an attorney to take her case and suspects Genesee County attorneys, who often deal with the Sheriff's Office and the District Attorney's Office, are reluctant to sue local law enforcement. She is hoping an attorney in another county will see her story and take an interest in the case.

Among the potential defendants in a lawsuit, according to Smith, is Darien Lake Theme Park, whom she thinks contributed to the events of Aug. 12 through lax security.

She points to the four arrests and 78 underage drinking citations at the Rascal Flatts show, and the numerous arrests at the Brad Paisley show just two weeks prior as evidence that Darien Lake isn't doing enough to protect patrons.

"Darien Lake Town Court is full after every concert and that says there is a problem at Darien Lake," Smith said. "They allow drinking and let people get drunk, but nobody is controlling the crowd."

The Batavian contacted Darien Lake and requested a statement and will provide a response if one is received.

"As far as Darien Lake goes," Smith said, "I don't want money. I want justice."

Smith said she and one of her witnesses were the only people involved in the fracas that night who hadn't been drinking.

The incident started as patrons were trying to exit the parking lot following the concert.

The cars were apparently not moving and a woman in Smith's car got out of the vehicle. She either got out -- depending on which statement you believe -- to have a cigarette or to try and block the progress of another vehicle so the car she was in could get the advantage.

Smith got out of the car next, either -- again depending on whose statement you believe -- to get the other woman to get back in the car or to block traffic.

At that point, a man in the other vehicle yelled at the two women, according to one witness statement. He then got out of the vehicle.

In the man's statement, he "bumped" the woman with his body (presumably Smith) to try and move her along and the woman "took a wing at me with her right hand, in which she held a cell phone."

The initial arrest was based on the alleged victim's statement and statements of people riding with the man.

In documents provided by Smith is a letter from her attorney, Thomas Burns to the arresting officer, Sgt. Thomas Sanfratello, asking him to also take statements from witnesses who were in the vehicle with Smith.

According to those statements, the man rushed from his vehicle, charged Smith, punched her in her chest and pushed her up against a truck, pinning her there. It was at that point that Smith swung at the man with her iPhone in her hand.

A woman in the vehicle then allegedly got out of the truck and yelled profanities at Smith and slapped the other woman with Smith, according to one of the statements.

Both statements say that the vehicle the man was in creeped forward and bumped Smith and the other woman before the man got out of the car.

The 57-year-old man, from North Tonawanda, said in his own statement that he told his brother-in-law, who was driving, to creep forward and try to get the women to move.

Given that admission, Smith said, and what she believes was the obviously inebriated state of the two men and the woman they were with, she doesn't understand why they weren't arrested instead of her.

"I took a beating from them, but none of that mattered," Smith said. "I don't even know how they got away with this."

Smith thinks the turning point was when her cousin called Sgt. Greg Walker "a pig."

"Once she said that, forget it," Smith said. "They wouldn't even talk to me."

Ten days later, when Sanfratello called and asked Smith to come to the Park Road office, she thought she would finally get to tell her side of the story. Instead, she said she was surprised to find out she was the one being arrested.

Fighting the charge cost her $5,000 and she may yet have medical bills from the breast injury. Although she'd at least like some compensation, what she wants just as much is an apology -- not even necessarily a public apology, even though the case made national news.

She just wants the officers involved and the Sheriff's Office to say they're sorry for arresting her and not the people in the other group.

Batavia resident and Iraq War veteran David Bellavia says he wants to run for congress but "liberal New York politicians" are holding up the process of drawing new district lines, making it hard for him to start his campaign.

Bellavia made a plea for financial support from supporters to help get a possible campaign going in an open letter posted today to his website.

... here's why I can't jump in this race just yet: liberal New York politicians are creating new Congressional Districts. They've been holding back for months, dragging their feet and drawing secret lines to help Democrat incumbents like Rep. Hochul.

It's hard to believe - we simply don't know what district we live in yet!

But the courts have forced the politicians to announce those new districts in the next few weeks, and I need your donation if I am to get in this race as a strong competitor.

Bellavia blames Hochul for high gas prices and criticizes her for a "rubber stamp" of President Obama's policies.

The United States House of Representatives is working hard to fight President Obama's flawed policies. But in the conservative Republican district of Western New York where I live, we are represented by a liberal Democrat who believes in just about everything President Obama says or does!

Press release:

The U.S. Environmental Protection Agency today announced that the removal of 235 drums from the Lehigh Railroad Derailment Superfund site in Le Roy, N.Y. will begin today. The EPA reviewed the sampling results for the contents of all the drums and in all cases considers them to be non-hazardous. The drums, which contain soil and rocks generated when wells were drilled at the site, were sampled during the past month.

A December 1970 train derailment resulted in the release of liquid trichloroethene (TCE) and cyanide crystals. The material in the drums was tested for these and other contaminants. No tested contaminants were detected in materials from 203 of the drums. In 32 of the drums, some detectable concentrations of contaminants were found.

Specifically, eight drums had detectable levels of TCE only, eight others had detectable levels of cyanide only and eight drums had detectable levels of both. One drum had detectable levels of TCE and cis-1,2-dichloroethene, which is a breakdown product of TCE. The remaining seven drums primarily had detections of either common lab contaminants or contaminants typically associated with petroleum products. These contaminants include: acetone, carbon disulfide, ethylbenzene, toluene, total xylenes, methylcyclohexane, and 2-butanone (MEK). In all cases the levels of these contaminants were low and are below health-based levels.

While the EPA considers the drums non-hazardous and eligible for disposal as non-hazardous waste, the Lehigh Valley Railroad has arranged for material to be disposed of at a landfill that is permitted to accept hazardous waste. The facility set to accept the waste is EQ-Wayne Disposal, Inc., Landfill in Belleville, Mich. Drum removal from the site will begin this morning and is expected to be completed by the end of the week. The Lehigh Valley Railraod will pay the cost of disposing of the drums, not taxpayers.

A motor-vehicle accident is reported in the area of 6004 N. Lake Road, Bergen.

The vehicle is well off the road.

Unknown injuries.

A chief on scene is checking to see if extrication is needed.

Bergen Fire Department and ambulance responding.

UPDATE 11:09 a.m.: No specific word, but this doesn't sound like serious injuries, nor does it sound like extrication was required.

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New York Times: Obama Offers to Cut Corporate Tax Rate to 28%

Press release:

ALBANY -- The New York State Sheriffs’ Association held its election and installation of executive committee members and trustees at its 78th Annual Mid-Winter Training Conference. Members elected Genesee County Sheriff Gary T. Maha to the executive committee.

Sheriff Maha was appointed Interim Genesee County Sheriff in 1988 by then-Governor Mario Cuomo, after a 21-year career with the Sheriff’s Office. He has been elected for six successive terms since then.

Sheriff Maha is a past president of the New York State Sheriffs’ Association and is currently vice chair of the National Sheriffs’ Association’s Criminal Justice Information Systems/Technology Committee.

He is also a member of: the National Sheriffs’ Association’s Homeland Security Committee; the New York State Law Enforcement Accreditation Council; the New York Interoperable Communications Board; and the New York State Executive Committee on Counter Terrorism.

Sheriff Maha will work hand-in-hand with the newly elected president of the Sheriffs’ Association, Sheriff Donald Smith, of Putnam County, and sheriffs across the state to strengthen law enforcement, specifically by advocating the following goals that association members adopted at their meeting:

• Support the All Crimes DNA bill, which requires all individuals arrested for a crime to have their DNA placed in the state DNA bank.
• Oppose a House transportation bill in Congress that would, among other things, allow triple tractor-trailers on interstate roads,making our highways less safe.
• Join with the NYS Association of Counties to urge state officials to alleviate the burden on local jails of housing parole violators in county jails because this is an unfunded mandate and parole violators are a state responsibility.
• Join with the NYS Association of Counties to gain for the counties a greater portion of the revenues from the NYS public safety surcharge to support county-level 9-1-1 communications projects; i.e. the purpose for which the surcharge was created.

The full slate of trustees and committee members selected at this year's conference are as follows:

Executive Committee:
Chairman, Livingston County Sheriff John M. York
Genesee County Sheriff Gary T. Maha
Onondaga County Sheriff Kevin E. Walsh
Orange County Sheriff Carl E. DuBois
Oswego County Sheriff Reuel A. Todd
Rensselaer County Sheriff Jack Mahar
Warren County Sheriff Nathan “Bud” York

Trustees:
Chautauqua County Sheriff Joseph A. Gerace
Montgomery County Sheriff Michael J. Amato
Wayne County Sheriff Barry Virts

The New York State Sheriffs’ Association, Inc., is a not-for-profit corporation, formed in 1934, for the purpose of assisting sheriffs in the efficient and effective delivery of sheriffs’ services to the public. It comprises all of the elected and appointed sheriffs of New York State.

Press release:

Los Angeles – Erin Brockovich today released a statement regarding the growing health concerns potentially caused by contamination in Le Roy, NY.

“Contrary to an erroneous news report, I want to make clear that my investigation into possible sources of environmental contamination in LeRoy, New York that may or may not be linked to the serious illnesses suffered by various members of the community is not complete. In fact, it appears the number of people in the area displaying alarming health issues that can be caused by TCE is growing.

It took the EPA 40 years to investigate the contamination from the train derailment and it will take us more than 40 days to get to the root of the problem in Le Roy. I want to further stress that we have not ruled out the TCE plume from the train derailment as a source of contamination at Le Roy High School. All existing tests are preliminary and we will announce our full and definitive test results in the weeks to come. We will not release them piecemeal.

In the meantime, we have several areas of high concern in Le Roy that we are investigating including, but not limited to, the train derailment site, the local quarry, the six fracking wells at the high school, and the MtBE contamination in local wells.

We have a lot more testing to do before we can rule anything in or out as a cause of toxic contamination in Le Roy and what may or may not be causing the very serious health problems of people and families in Le Roy. While we certainly do not want to cause a panic in the community, we do want to be thorough and get to the bottom of what is going on in Le Roy.”

A car has struck a pedestrian on North Lyon Street, Batavia.

The person is down, but injuries are believed to be minor.

City Fire Department and Mercy EMS responding.

It's always easier, and more fun, to make music with friends.

Bill Blind (top photo, left), Paul Runfola and Deborah Sorensen have been friends for 25 years, played in each other's bands, helped with each other's music projects and worked and taught together at Roxy's Music in Batavia.

Two years ago, they decided it was time to form a band and record an album.

The result is Anadrome, both the band and the CD, a poppy, sometimes adventurous collection of original tunes written by the trio.

"I think we were going for something that was interesting but still could appeal to a general audience," Sorensen said.

Runfola agreed. He said that while solos and improvisation were part of the process, the album isn't just a collection of 15-minute jams. The music remains accessible.

"I never forget what it was that got me excited about music as a kid in the first place," Runfola said. "It really didn't have anything to do with advanced musical concepts. A good song is a good song."

Originally from Western New York, Runfolo began pursuing a career in music while on the West Coast in the 1990s. When he returned home, he joined the Celtic rock bank Kilbrannan and after winning some East Coast guitar competitions, Guitar Player Magazine added him to their "Hot Guitarist List."

Sorensen, who operates Wild West Studio in Le Roy, where the CD was recorded, has been a soloist, band member and band leader, playing piano and keyboards. Her recording projects, both as a musician and engineer and producer include film scores, jingles and songs. She's currently music director at City Church in Downtown Batavia.

Drummer Bill Blind has performed in Carnegie Hall, the Eastman Theater and at the Rochester International Jazz Festival, appearing with such acts as Mark Manetta, Chuck Mangione and the Rochester Philharmonic. Besides his work on the CD "Anadrome," Blind performs with Steve Green, Kinloch Nelson, The White Hots and Tina and the Two-Timers.

Blind is on staff at Roxy's and along with Sorensen, and Runfola teaches at the legendary local music store.

The group is just starting to promote its music -- available at Roxy's and Vintage and Vogue in Le Roy -- with a website, Facebook page and tapping into their network of musician friends.

The Digital Age makes it both easier and harder for new music to find an audience, Runfolo and Sorensen said.

"Via the Internet, you have more of a chance to get your material heard without living in a major metropolitan area," Runfolo said. "Before, if you weren't living in New York City, L.A. or Nashville, and you weren't able to attract a major record label, it was like, well, what are you going to do?"

But with new technology comes new competition, Sorensen said, to which Runfolo added, "Now, everybody’s got a recording studio in their basement and everybody wants to be a rock star, or whatever. Just about everybody can put out something that sounds professional because there’s a lot of technology out now that masks the fact that you really can’t do something."

Technology can also be frustrating, Sorensen said.

"We all know computers are great when they work perfectly, but that doesn’t happen all the time," Sorensen said.  "We were very, very lucky that we didn’t lose any takes (even when Sorensen's computer was destroyed by a lightning strike)."

Technology aside, coming together regularly during the 12-month songwriting and recording process was as much about a sense of family, Blind said, as it was the music.

"I've learned, it's more important who you're working with as opposed to what you're doing," Blind said. "There's lots of opportunities to work with this or that person, but you have to have that bond. We're friends, but we're like family. When we're recording, it's a social event. We get together and have fun. We eat and make some music. That's the big thing. It's just an enjoyable thing to do."

That friendship makes the creative process so much easier and more fulfilling, Sorensen said.

"There has to be trust, because music for us is very emotional and very personal," Sorensen said. "When you’re trying to be creative with it, you’re kind of putting your heart on your sleeve a little bit. It helps to really trust the people you’re working with. So you don’t feel stifled or like you can't contribute an idea."

A man who took part in a home-invasion attack on a Batavia resident will serve seven years in state prison, Judge Robert C. Noonan ruled today.

It is the longest possible sentence available to Noonan under the terms of a plea arrangement agreed to by Kevin Andrews, 19, of 144 Bank St., Batavia.

Andrews admitted Dec. 19 to taking part in the break-in, which led to a resident of Woodstock Gardens losing his eye.

"If I could go back in time and take back everything that happened, I would," Andrews said. "I was wrong going into that building and into the premises. Whatever is given, I'm going to accept it and do my best to move on in life and make the best of what happens."

Noonan told Andrews that "there are no do-overs in life" saying the crime led to "horrible, horrible consequences."

After Noonan pronounced sentence, a handful of women in the gallery burst into tears. 

District Attorney Lawrence Friedman opened the hearing asking Noonan to impose the stiffest available sentence, saying that in reducing the charge from a felony with a maximum 25-year sentence to one with only a seven-year max, Andrews already received a substantial break.

"I don’t think anyone could argue the claim that it is a horrible crime," Friedman said.

Christopher Preedom, 18, of 21 Holland Ave., Batavia, was accused of actually hitting the victim and causing him to lose his eye. He admitted to attempted assault.

Also allegedly involved in the attack was Timothy Andrews, 21, of 144 Bank St., Batavia.

A motor-vehicle accident is reported at the intersection of Park Road and Oak Street in the City of Batavia. No one is believed to be injured. City police are responding.

UPDATE 12:41 p.m.: City firefighters are requested to the scene because of a broken/leaking radiator.

UPDATE 1:04 p.m.: Both vehicles are blocking the roadway. Two tow trucks will remove them soon -- a responder says in about five minutes.

UPDATE 1:18 p.m.: All units are back in service.

Joseph S. Rosen, 28, of 4727 Half Center Road, Walworth, is charged with felony DWI, aggravated DWI and criminal mischief, 4th. At 11:07 p.m. Monday, Batavia PD was dispatched to Chapin Industries on Ellicott Street for a report of a car driving on the front lawn of the complex. The driver was allegedly yelling toward the building, trying to get the attention of a worker inside. Officer Darryl Streeter responded and arrested Rosen. Rosen's breath sample allegedly registered .18 BAC. He was held without bail pending arraignment in city court.

Cynthia M. Ritter, 50, of Cohocton Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Ritter was arrested by Deputy Matthew Fleming following an investigation into an accident at 7:05 p.m., Monday, on Marble Road, Pembroke. (Initial report)

Samoni Tai Hazle, 36, of Laredo Drive, Chili, is charged with unlawful possession of marijuana. Hazle was taken into custody while staying at a hotel in Batavia after deputies were called in response to other guests complaining of the odor of marijuana coming from his room.

David Eugene Stupp, 41, of Bennett Heights, Batavia, is charged with harassment, 2nd. Stupp is accused of hitting an estranged girlfriend.

Margaret B. Duffy, 53, of 3233 Pratt Road, Batavia, is charged with DWI, aggravated unlicensed operation, 2nd, operating in violation of a conditional license and consuming alcohol in a motor vehicle. Duffy was arrested by Officer Matthew Lutey following a report at 10:50 p.m., Friday, of a woman passed out behind the wheel of a vehicle with the motor running in a parking lot of a business on Main Street.

A woman told a deputy she was fiddling with her GPS (global positioning system) prior to rear-ending a car which was stopped on Route 5 at Lovers Lane Road, Corfu.

The accident occurred at 10:50 a.m., Monday, and caused injuries to both drivers but neither was seriously hurt.

Jessica M. Reynolds, 24, of McVean Road, Corfu, was cited for allegedly following too closely. Also injured was Joan Marie Dugan, 75, of Erie Street, Darien Center.

The accident was investigated by Deputy Chris Parker.

(Initial report)

A residence on Myrtle Street in Le Roy was broken into over the weekend and Le Roy Police are looking for assistance in identifying the perpetrator.

The home was burglarized between 1 and 5:30 p.m., Sunday.

The resident returned to find his front door and inside door had been forced open and items were missing from inside the apartment.

Anybody with information that might help, including seeing a person or persons lingering on Myrtle Street or in the area are asked to call the Le Roy PD at 768-2527.  

ABC News: A Trip to The iFactory: 'Nightline' Gets an Unprecedented Glimpse Inside Apple's Chinese Core

A car-into-pole accident is reported at 8295 Marble Road, north of Gabbey Road, in Pembroke. The driver is being pulled from the vehicle. There is heavy damage to it. Wires are down. Pembroke and Indian Falls fire departments and Mercy EMS are responding. There is a power outage now in the vicinity.

UPDATE 7:14 p.m.: There are also telephone wires down and a transformer is involved. Traffic will be blocked at Marble and Akron roads. The driver is out of the vehicle and walking around.

UPDATE 7:24 p.m.: National Grid has been notified. The driver is a male female.

UPDATE 7:45 p.m.: The roadway at Marble and Akron roads is reopened. Pembroke and Indian Falls are back in service.

UPDATE 8:22 p.m.: National Grid is on scene.

UPDATE 1:57 p.m., Feb. 21: Spay Our Strays -- S.O.S. -- the organization which is undertaking this effort, contacted The Batavian to say it has enough humane traps and transportation volunteers for next week's journey. S.O.S. is most thankful for the help!

Press release:

There is a very large feral colony in Le Roy that Volunteers for Animals S.O.S. -- Spay Our Strays -- is trapping and taking to Habitat for Cats in Henrietta for spay and neuter on Wednesday, Feb. 29. Appointments have been made for 30 cats and help is needed with trapping and transporting.

At least 40 humane traps will need to be set to catch 30 cats. If you have a trap you can lend, please contact S.O.S.  ASAP.

Trapping: Monday Feb. 27 or Tuesday Feb. 28 in Le Roy

Transporting: Wednesday Feb. 29 from Le Roy to Henrietta and then back to Le Roy.

If you are able to help by lending a trap or with transportation, contact Kathy Schwenk at 716-472-8968 or email kschwenk@rochester.rr.com

Please DO NOT call the Genesee County Animal Shelter with questions or for help.

A tractor-trailer rollover accident is reported at the Batavia exit on the westbound Thruway. Unknown injuries. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 4:05 p.m.: The accident is blocking both lanes of traffic.

UPDATE 4:07 p.m.: Traffic is heavily backed up. Responders on scene need absorbant material for leaking oil. No diesel fuel has spilt.

UPDATE 4:29 p.m.: The driver is out and uninjured. Traffic delays should be expected for quite a while. Drivers ought to avoid Oak Street. A heavy wrecker / tow truck will be needed at the scene.

UPDATE 4:32 p.m.: Town of Batavia fire and Mercy are back in service. The Thruway Authority's highway supervisor is at the scene in charge of the site.

UPDATE: Photo below taken by reader Brad Riner.

A beautiful clear morning -- hard to believe it was 21 degrees at 9 a.m. when I headed out for a bit of a drive to see what sort of pictures I might be able to take.

Above, a barn on Indian Falls Road just west of North Pembroke Road.

Barn at the intersection of Indian Falls Road and Little Indian Falls Road.

A tree in a field off Phelps Road.

A barn on Gorton Road, taken from Phelps Road.

I need somebody to ID this plant for me, please.

Telephone pole on Pratt Road.