Today, May 3, Byron-Bergen Jr./Sr. High School Principal Pat McGee released the third quarter High Honor, Honor, and Effort commendation rolls.

The students named to them are listed in The Batavian's Announcements section.

View them by clicking here or clicking on the Announcements section link at the top of the Home Page.

Press release:

The Genesee County Economic Development Center (GCEDC) voted Thursday to approve reassigning the terms of previously approved PILOT (Payment In Lieu Of Taxes) agreements for Upstate Niagara Cooperative.

The company recently announced the purchase of the former Alpina Foods manufacturing facility in the Genesee Valley Agri-Business Park.

Under the PILOT agreements, local taxing jurisdictions will receive $378,010 in revenues over the life of the PILOT. Upstate Niagara Cooperative plans to invest $22 million in the facility to meet the company’s operational needs.

“Genesee County has benefited greatly from the repeated investments by food and beverage companies into dairy production facilities,” said GCEDC Board Chairman Paul Battaglia. “The Genesee Valley Agri-Business Park provides excellent opportunities for the Upstate Niagara Cooperative and businesses in the dairy and food industries to succeed.”

The GCEDC Board also approved a loan from the Growing the Agricultural Industry Now! (GAIN) fund for New York Craft Malt. The $82,000 GAIN loan is part of a $206,968 investment for the purchase of new equipment and building improvements at the company’s facility at 8164 Bank Street Road in the Town of Batavia. The project will create two new jobs.

“NY Craft Malt’s project builds on our successful GAIN Loan Fund program, which supports the growth of agricultural products and businesses in Genesee County,” said GCEDC President and CEO Steve Hyde. “Low-interest GAIN loans have enabled producers to invest over $1 million into dairy, maple and malting operations.”

The NY Craft Malt is the fifth project in Genesee County to receive a GAIN loan. Previous recipients include Cottonwood Farms in Pavilion, Sandvoss Farms in East Bethany, and Junior’s Maple in Batavia.

Voters approved the Richmond Memorial Library budget, with a spending increase of $25,350, by an 82.3 percent margin, Director Bob Conrad announced.

Norm Argulsky, board president, won a second five-year term and Jessica Ecock-Rotondo was elected to her first five-year term.

The libraries total budget for 2019-20 is $1,521,067. 

Under the state's tax cap law, the library could have increased tax revenue by $60,000 but the trustees held the increase to $25,350.

The library tax rate will be .0288 cents per thousand or less than $3 for a home assessed at $100,000.

Full budget details can be found in the library's newsletter (pdf).

Press release:

As details emerge about the effort peddled by New York City politicians to allow undocumented immigrants to obtain driver’s licenses, Assemblyman Steve Hawley (R,C,I-Batavia) blasted the proposal.

This measure comes on the heels of the Majority passing tuition assistance for illegal immigrants while initially opposing Hawley’s bill to do the same for Gold Star families.

“Instead of incentivizing legal immigration, Albany is once again creating a magnet for outright lawlessness,” Hawley said. “First they offered undocumented immigrants the right to free college tuition, now they offer the privilege of driving.

"This latest proposal jeopardizes the safety of our communities throughout the state. NYC lawmakers continue to place the interests of illegal immigrants ahead of law-abiding, middle-class New Yorkers. 

“We are a nation of laws, and these proposals only lead to more giveaways and services for illegal immigrants in our state. In addition, handing out these privileges blurs the lines between law-abiding citizens and those here illegally.

"Rest assured, I will continue to remain steadfast in my commitment to public safety and the rule of law especially in light of the avalanche of proposals endangering New York families in favor of realizing a political agenda."

Press release:

As the final two months of the 2019 Legislative Session begin, Senator Michael H. Ranzenhofer is asking for constituents’ opinions on issues affecting New York State and the Western New York community.

“From paper bag fees to driver licenses for undocumented immigrants and legalizing marijuana, your opinions on issues affecting New York State and the Western New York community are very important to me," Ranzenhofer said. "With the new majority in the Senate, there have been many new topics arising this year. With your help, I will continue to represent the views of my constituents."

Residents can complete the 2019 Legislative Questionnaire survey here that's on Senator Ranzenhofer’s website. The 13-question questionnaire covers a wide variety of legislative issues that have been in the forefront this Legislative Session.

While everybody has their own view of what justice looks like, Gary Craig, an investigative reporter for the Democrat and Chronicle recalled a 20-year-old story at Genesee Community College on Wednesday night that illustrated what justice looks like to him.

Craig was the keynote speaker for the Paralegal Honor Society at their second annual Law Day observance.

The theme of Law Day this year is "Free Speech, Free Press, Free Society" and but Craig said he wanted to talk about justice.

He recalled the case of Betty Tyson, who was wrongfully convicted in the 1973 of murder. 

A traveling businessman visiting Rochester had been killed and police investigators decided Tyson did it.

Tyson always maintained that her confusion had been beat out of her. Two witnesses, cross-dressing teens, testified against her and said they witnessed the murder. There was no physical evidence. In fact, tire tracks at the scene did not match Tyson's car.

The investigator was eventually convicted in another case of beating a suspect.

In 1996, a source pointed Craig to one of the young men who had testified against Tyson. Over several months, Craig won the man's trust and the man eventually admitted, for publication, that he lied on the stand.

During his investigation, Craig also found a sworn statement by a visiting nurse that hadn't previously been made public. The nurse had visited Tyson shortly after her arrest and reported that she was covered with cuts and bruises.

An attorney, Jon Getz, read Craig's stories and agreed to represent Tyson at no charge to the family (after, Craig said, several other attorneys had taken advantage of the Tyson family). He filed a motion to overturn the conviction based on new evidence.

During preparation for the case, the District Attorney's office found a previously undisclosed statement from the other teen witness taken immediately after the murder. That teen, who was dead by 1996, said initially, that he saw nothing. In 1973, that statement hadn't even been disclosed to the prosecutor. The teen, of course, later changed his testimony, and apparently because he had been intimidated, as a cross-dressing teen in the 1970s, by the investigator.

This was a high-profile, politically charged case, Craig said. The DA, the judge, all had ample reason to not share the new discovery with the defense. The judge could easily have ruled differently. 

He didn't.

Craig was in court when the judge handed down his decision.

"I get emotional talking because I have such respect for the system," Craig said. "In that moment, in that courtroom, I literally had chills because I felt that I was watching this pure definition of justice, unadulterated justice right in front of me, where everybody was seeking to do what they should do, what you would hope they would do all the time, and most people do.

"But there was this harmonic convergence, to use an old term, in that courtroom where I felt in my heart that, 'wow, you know I'm really beholding something. I'm watching something special right now.' "

Craig is author of the 2017 book "Seven Million: A Cop, a Priest, a Soldier for the IRA, and the Still-Unsolved Rochester Brink's Heist."

Lisa Lynn Lyons, 42, of Alexander Road, Attica, is charged with two counts of misconduct in relation to petitions, a violation of NYS Election Law (ELN 17-122, #6). It is alleged that the defendant subscribed as a witness to a petition on April 1 for the designation of herself as the Republican candidate for the upcoming Town Clerk of Alexander position. It is alleged that she did not witness all signatures of the filed petition, thereby making a false statement or false affidavit. Lyons, who is the incumbent Town of Alexander Clerk and Tax Collector (her term expires Dec. 31), was issued an appearance ticket for the charges and is due in Batavia City Court at 1:30 p.m. on Tuesday, May 21. The case was investigated by Genesee County Sheriff's Sgt. James Diehl.

Devin A. Hill, 18, of Rochester, is the alleged driver a pickup truck that was seen leaving the Batavia Cycle Center, located at 4988 E. Main Street Road in the Town of Batavia, hauling a trailer at 2:15 a.m. this morning (May 2). His passenger was Angel I. Carrasquillo, 43, of Rochester, who was later located walking in the area of Route 33 and Warner Road. The men were arrested after the Genesee County Sheriff's deputies were called to a suspicious condition at the cycle center. The pickup truck and trailer were stopped a short time later on Route 33 in the area of Coward Road after a call by deputies. Two go-karts and one three-wheeler were on the trailer being towed and they were determined to be stolen from Batavia Cycle Center. Both men are charged with third-degree grand larceny, third-degree burglary, and fourth degree criminal mischief. Following their arraignments in Town of Batavia Court, Hill was jailed in lieu of $10,000 bail and Carrasquillo was jailed without bail. The case is being investigated by GC Sheriff's Deputy Mullen, Deputy Andre, Sgt. Baiocco, Sgt. Sanfratello, Investigator Parker and Investigator Minuto. Also assisting were members of the Batavia PD, NYSP, and Environmental Conservation Officer Fay Fuerch.

Jacob John Sponaugle, 20, of Liberty Street, Batavia, is charged with: introduction of prison contraband into prison in the frist degree; fourth-degree criminal facilitation; fifth-degree conspiracy; and seventh-degree criminal possession of a controlled substance. It is alleged that Sponaugle conspired with others to smuggle contraband items into the jail. Following an investigation of contraband smuggling in the GC Jail on Jan. 19, Sponaugle was arrested on April 30. After arraignment in Batavia City Court, the defendant was jailed on $2,500 cash bail or $5,000 bond. He was due back in city court May 1. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Mark Daniel Caufield, 25, of Fisher Road, Rochester, is charged with: criminal possession of marijuana in the fifth degree -- more than 25 grams; aggravated unlicensed operation of a motor vehicle in the first degree; operating a motor vehicle while impaired by drugs -- first offense; and criminal possession of drug paraphernalia in the second degree. At 4:07 p.m. on April 21, Caufield was arrested on Clinton Street Road in Batavia following a traffic offense complaint. He was arraigned in Town of Batavia Court and is due there again on May 20. He was jailed on $2,500 cash or bond. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth.

A 40-year-old Batavia resident who was originally accused of attempted murder for stabbing somebody at a home on Ellicott Street accepted a plea agreement today that will likely mean a five-year prison term.

Rashawn L. Gosier, formerly of Shady Lane, attempted to assault, 2nd, and criminal possession of a controlled substance, 5th.

Gosier was arrested in December after an incident at 337 Ellicott St. that led to a brief manhunt before Gosier was apprehended crawling out of the basement of that residence.

One person was transported to an area hospital that night but was apparently not seriously injured.

At the time of his arrest, Gosier was found in possession of 500 milligrams or more of cocaine.

Gosier is being held without bail pending his sentencing at 10:30 a.m., May 29.

Photo: File photo of Gosier's arrest.

A 23-year-old man who is accused of setting his girlfriend and her apartment on Maple Street in Batavia on fire last June is mentally incapable of assisting in his own defense, Judge Charles Zambito ruled this afternoon.

Plush Dozier will be remanded to the Commissioner of Mental Health for treatment and then be reevaluated, Zambito ruled.

Dozier is charged with arson, 1st, and attempted murder.

Three psychiatrists examined Dozier and two of them found him capable of understanding the charges against him and recognizing the roles of the judge and attorneys in a court proceeding, but all three said he suffers from schizoaffective disorder, oppositional defiant disorder, and is prone to paranoia and hallucinations.

Zambito noted that all three doctors described his disorders as fluid. In other words, he can slip from lucid to psychotic at any time. And while his disorders can be managed with treatment and medication, there is no record, Zambito said, that he is receiving or has received proper and appropriate treatment.

"Dr. Mitchell described his condition as a moving target," Zambito said. "All three doctors who evaluated him said he could snap at any time. This is consistent with the representations by his attorneys that at times he was lucid and could cope and at times he was not."

He added later, "All of them (the doctors) indicated or represented concerns that if not treated, his symptoms could very well become active and interfere with his ability to effectively assist in his own defense."

Zambito also noted that Dozier's disorders go back to his childhood.

"There is no indication that he is feigning anything or that he is a malingerer," Zambito said.

Dozier is currently represented by Thomas Burns, his third attorney. He is being held in Attica, and reportedly in solitary confinement despite his lack of a conviction in this case, because the Genesee County Jail and its staff is ill-equipped to deal with a person with Dozier's multiple disorders.

He was accused of menacing a police officer after an alleged violent incident while in local custody two months after his arrest.

At the start of today's hearing, Burns said he had met with his client and his client had asked to speak with the judge about his treatment, or alleged mistreatment, in Attica. He has raised this issue before and, as Burns noted, has been told by Zambito that the county court judge lacks jurisdiction to change where he is being held or affect the status of his custody. Still, Burns said, Dozier wished to raise the issue.

Zambito suggested that the court hear the testimony of Dr. Virginia Wohltmann, who examined Dozier in December, and that the court then take a recess so Burns could discuss the specifics of the situation at Attica with his client.

After Zambito heard two other cases, Burns and Dozier returned to the courtroom and Burns said his client had decided against putting anything on the record today about his treatment in Attica. At that point Zambito informed Burns and District Attorney Lawrence Friedman that he had finished reviewing the witnesses' testimony in the hearing (which was held in parts over different days) and was ready to render a decision.

Zambito then reviewed the testimony of the three doctors before stating that he found that while Dozier might be able to understand the proceedings, his fluid mental state would make it difficult for him to assist in his defense.

"This is not the end of the matter," Zambito said. "This is not the final verdict but based on the credible evidence presented in this court, I find the defendant at this time is an incapacitated person and remand him to the custody of the Commissioner of Mental Health for care and treatment for up to one year and then he will be reevaluated and brought back."

Above, honoree Henry Valerych, front center holding "Arc Spirit Award," and his beloved family of "advocates."

Submitted photos and press release:

Arc of Genesee Orleans Board of Directors paid tribute to an agency founding father at Wednesday’s Annual Meeting & Awards Banquet held at Park Place at Batavia Downs.

Henry Valerych was presented the "Arc Spirit Award," in a touching ceremony that included a military color guard by local veterans and music from St. Joe’s of Batavia Brass Ensemble.

“We are honored to present the Arc Spirit Award to a man whose life is a reflection of his dedication to his family, the community and his country,” said Arc Board Member Kevin Fisher.

Valerych is a veteran of the Navy where he served four years and then fulfilled a lifetime of service in the Army, retiring as a Master Sergeant.

“As a Genesee County agency founding father, Henry and his wife, Anne, helped create and grow our agency over the last half century,” Fisher said.

Earlier this year, Henry stepped down from his leadership position with the Arc Board and has been granted Board Member Emeritus status.

In the early years, Henry Valerych wore many hats. When it came to public relations, he helped spread the word by typing a newsletter in his basement and delivering it door-to-door. He also served as Membership Chairman since the agency was founded and has helped raise more than half a million dollars to help grow our agency. 

The Valerych family has spent more than 50 years advocating for their loved ones, and the sons, daughters, sisters and brothers of hundreds of local families. In an interview on the history of our organization, Valerych was asked “What can the community do to help people with disabilities?” His answer was simple…“treat people with disabilities, like you treat everyone else.”

Business Partner of the Year honors went to Intergrow Greenhouses of Albion. Director of Community Employment Services, Melissa Cotter told banquet attendeesthat Intergrow’s David Purvee and his team exemplify our mission to “Be a partner for people with disabilities, and a gateway to opportunities for each person to experience their desired potential.”

“The individuals we serve who work at Intergrow have been given the opportunity to earn money, work in an integrated setting, make new friends, and be a part of a growing compan,” Cotter said. "Our job coaches report that all the employees at Intergrow make sure to make the people we serve who work there feel welcome and a part of their team.”

Friends of Arc Awards were presented to:

• Child Welfare Association of Orleans County for being an active supporter of the Arc of Genesee Orleans and Camp Rainbow for more than 20 years;
• United Way of Genesee County for its ongoing commitment to raise and designate funds in support of Arc programs and services and for the volunteer service opportunities for the individuals Arc serves through the United Way backpack program;
• Batavia Community Garden for welcoming Arc’s Batavia based Community Pre-vocational program, cultivating new interests, friendships and community connections.

Persons of the Year Awards were given to: Joshua Tiede, Self-Advocate; Katie Acomb, Supported Employment; Nick Fuller, Pre-Vocational; Alice Torres, Residential; Francine Caltagirone, Day Habilitation; and Kurt Hoffman, Community Services.

Arc Executive Director Donna Saskowski presented Staff Recognition Awards to: Maryja Andrews, bus driver; Paula Knaak Sr., production manager/community PV; Carole Mitchell, senior QA technician; Kristie Rada, assistant director of Medical Services; Karen Stymus, residential administrative specialist; Kimberly Travale, coordinator of Day Hab Services; and Bethany Willis Sr., support broker.

During the annual meeting portion of the event, the following were elected officers for the coming year: President, Debrah Fischer; Vice President, Jane Scott; Treasurer, Marlene Hill and Secretary, Deborah Riggi.

Board members receiving three-year terms were Debrah Fischer, Kevin Fisher, Susan Maha and Michelle Mahler, and the following were elected to Arc’s nominations committee: Kevin Fisher, Carolyn Laney, Susan Maha, Michelle Mahler, Jim McMullen and Carl Tuohey.

The Master of Ceremonies for the Arc Annual Meeting & Awards Ceremony was Paul Figlow.

"Arc Spirit Award" recipient Henry Valerych at the podium.

"Arc Spirit Award" recipient Henry Valerych shaking hands with members of the color guard.

Arc Persons of the Year: Francine and Alice in front; Josh, Katie and Nick in back.

Arc Staff Recognition Award recipients: Bethany Willis, Karen Stymus, Carole Mitchell, Kim Travale, Paula Knaak and Maryja Andrews. Award recipient Kristie Rada was unable to attend.

Eileen Corcoran, far left, of Arc of Genesee Orleans, presented the Batavia Community Garden with a Friend of Arc Award. Accepting were: RaeAnn Engler, Leslie Moma, Bob Gray, Jocelyn Sikorski and Debra Rosenbeck.

Arc Board President Deb Fischer, left, presented a Friend of Arc Award to Genesee County United Way’s Tammy Hathaway and Melissa Stein.

Call Lynn Bezon today at 344-HOME for more information on these listings or visit us online.

Press release:

Calling all eighth- to 11^th-graders in Genesee County and any other individuals interested in Youth Court! On May 7, Genesee County Youth Court will be celebrating Law Day from 5:30-7 p.m. at the Old Courthouse (7 Main St., Batavia) to show the community how our court operates.

Applications and brochures will be available along with program staff to answer questions for anyone who is interested in joining.

Youth Court is a voluntary alternative for young people who face disciplinary action through school or law enforcement.

Youth who are referred admit to the charge and appear before a court of their peers. There are three youth judges who listen to both sides of the issue and determine an appropriate disposition. The goal of Youth Court is to improve youth citizenship skills and decrease problematic behavior.

Youth Court members learn about the judicial process and law enforcement, group decision making; develop their public speaking skills; participate in a great leadership opportunity; and learn and participate in all roles of the courtroom: judge, prosecution, defense, and bailiff.

Eighth- to 11^th-graders who are interested can attend Law Day on May 7^th or go online to access an application form on the Genesee County website here.

Print the application, fill it out and:

• Mail it to: Chelsea Elliott, Youth Court, Genesee County Youth Bureau, 2 Bank St., Batavia, NY 14020
• Or scan it electronically and email it to:  chelsea.elliott@co.genesee.ny.us
• Or fax it to: (585) 345-3063

Applications are due by July 26. Interviews of potential candidates will take place in August with the training to begin in October.

For more information on the Genesee County Youth Court, please contact Chelsea Elliott at the Genesee County Youth Bureau, 344-3960.

Genesee Community College hosts its 38th Annual Fashion show this Saturday from 6 to 9 p.m. in the Call Arena.

As many as 1,400 people are expected for the show. Tickets are $5 or $25 for VIP seats. 

The show's title this year is "Limitless."

NBC New York: New York May Soon Become First State to Ban Declawing Cats

A second ambulance is called to the scene of a car vs. pole accident at 3962 Batavia Elba Townline Road. Unknown injuries. Town of Batavia Fire Department is on scene.

The patient burned in an early morning fire today at 9536 Bernd Road, Le Roy, is 64-year-old Elizabeth J. Reisdorf.

She suffered burns to her hands, face and upper body and was initially taken to UMMC, then subsequently transferred to Strong Memorial Hospital in Rochester.

This evening, she was listed in guarded condition. At Strong, guarded condition means a patient is in the Intensive Care Unit.

The preliminary investigation of the fire, which started in the bedroom, indicates it was accidental, caused by smoking in bed, according to Jim Bouton, an Emergency Management coordinator for Genesee County.

(Initial Report)

Press release: 

Assemblyman Steve Hawley (R,C,I-Batavia) met with West Point leaders and cadets in recognition of West Point Day at the state Assembly today (May 1).

A proud member of the Veterans’ Affairs Committee, Hawley also has roots of his own in the military, his father was a veteran of World War II and Hawley himself served for seven years in the Ohio Army National Guard as well as the Army Reserves. 

“It is always a great honor to host our West Point leaders and cadets who carry forward this incredible American military tradition,” Hawley said. “West Point embodies what makes America exceptional and its soldiers extraordinary. I commend all of those in the West Point family who continue to protect and serve with the honor and character that makes all of America proud.”

Hawley recently led a successful bipartisan nationwide effort to ensure that the family members and spouses of deceased and disabled military members are provided college benefits free of charge. His vocal advocacy even garnered President Trump’s support for the policy after downstate lawmakers attempted to bury the bill in the legislative committee process.