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The Coffee Press on Jackson Street, now open, aims to be hometown hangout

By Howard B. Owens

When there were no immediate takers for an empty storefront Derek Geib owned on Jackson Street, he started to think about what he could do with the space and what Downtown Batavia needed.

Geib, who now qualifies as a serial entrepreneur, having been an owner in Matty's Pizza, Main Street Coffee, Bourbon & Burger Co. (currently), and Casa del Taco, decided he should bring back what downtown has missed for a few years -- a community coffee shop.

"I fixed up all the apartments upstairs and I had this space for rent but there were no bites, so I figured I might as well try to make the most of it," Geib said. "I figured it seemed like something we're missing and what we needed."

Since buying the building at 13 Jackson St., Geib said he has put his own money into renovations -- no subsidies, he points out -- and he used his own money to turn what was most recently a Mexican restaurant, an Indian restaurant, and a frozen yogurt shop into a cozy coffee shop with a place-for-community vibe.

The newspaper theme is also locally inspired. Longtime residents remember Marshall's newsstand, which occupied a couple of storefront locations on Jackson from 1921 to 1999. Geib said the name of the coffee shop and the decor is an homage to years two men named Arthur H. Marshall, father and son, who sold newspapers, magazines, and paperback books on Jackson, including at 11 Jackson, where Bourbon & Burger is now.

Barely open a week, the word has already gotten out and The Coffee Press is attracting a crowd.

"Yes, it's amazing, the support we've had from friends and family," Geib said. "And you know, now I don't know half the people coming in. I's just people spreading the word. It's really nice. I'd like this to be known in Batavia as the hometown coffee shop."

County's parks supervisor being promoted to deputy highway superintendent

By Howard B. Owens

Under a budget amendment resolution recommended for approval by the Public Service Committee on Monday, Paul Osborn, the county's park supervisor will become deputy superintendent of the County Highway Department.

Osborne will be responsible for both the county's parks and for maintenance of all county buildings in his new role.

The move is possible because the county's supervisor of buildings and grounds, Terry Ross, is retiring.

That position is being eliminated from the budget. A new senior building maintenance mechanic position is being created. That position will be part-time and will be filled by Ross.

The annual salary of the new deputy highway superintendent position will be $74,000, effective Jan. 28.

While the budget must be amended to shift the allocation of expenses, there is no additional expenditure for the county.

On other highway department resolutions recommended for approval by the committee:

  • Funding a $184,000 consulting and design agreement, funded by a federal grant, with Barton & Loguidice, for construction of a new Pratt Road Bridge over the Tonawanda Creek.
  • Acceptance of a state grant of $18,483.37 for culvert replacements.
  • Purchase of a new 2019 F-750 dump truck body from Van Bortel Ford in East Rochester at a cost not to exceed $162,897.73. Previously, the Legislature had approved a budget expenditure for this item of $165,000.
  • Purchase of a new Ford F-150 pickup truck from Van Bortel Ford in East Rochester at a cost not to exceed $32,706. Previously, the Legislature approved a Road Machinery Fund with a truck purchase authorized for up to $33,313.
  • Purchase of a new 14,000-pound capacity lift from Rotary Lift in Madison, Ind., at a cost not to exceed $43,065.32. In the 2019 budget, $59,000 was set aside for this item.
  • Set a new fee schedule for use of park pavilions and rooms:
    • Genesee County Park pavilions A, B, S, and E, $70; Pavilion D, $125; pavilions B1, B2, S3, E1, E2, F, G, H; and Fleming, $30;
    • DeWitt Recreation Area: Pavilion 1, $100; Pavilion 2 $125, and Pavilion 3, $30;
    • Interpretive Center: Discover Zone, $50, Activity Room, $150; Entire building (weekends only) $300; special event fee, $250.
  • ACORNS is donating $5,677 to the county for a Student Conservation Association internship. ACORNS is also donating a dolly and cabinet to the County Park.
  • ACORNS is seeking approval for its annual fall 5K/10K race and walk in the County Park on Oct. 6.

Public Health Column: January is Cervical Cancer Awareness Month

By Billie Owens

Genesee County Health Department -- Public Health Column:

If you could receive a vaccine to prevent cancer wouldn’t you? During this Cervical Cancer Awareness Month, please take the time to learn about human papillomavirus infection (HPV), the number one cause of cervical cancer. Thankfully, there is a vaccine available to protect against most of the types of HPV that cause various cancers and genital warts.

Approximately 80 million people in the United States have been infected and 14 million new infections occur every year.

Most people with HPV will not know that they have an infection. Genital warts are a sign of an HPV infection and they cannot be cured. However, an infection of the cervix usually has no symptoms. With or without symptoms, an infected person can spread HPV to others.

The HPV vaccine prevents infection but cannot treat infection. Infection from nine HPV types can be prevented by vaccination. Protection is greatest if given before exposure to HPV infections.

The best age for HPV vaccination is 11–12 years but the vaccine can also be given as young as age 9 and now to adults up to age 45.

“In October of last year the Food and Drug Administration (FDA) granted expanded use of Gardasil 9 to include individuals 27 through 45 years old,” said Brenden Bedard, director of Community Health Services for Genesee and Orleans.“This is exciting for those newly eligible.

"As this change is fairly new, I recommend that those in this age range check with their doctor’s office to ensure their insurance covers it.”

People who are sexually active may be infected with one or more types of HPV, but they can still get the vaccine. There are still benefits because of the unlikelihood of having been infected with all HPV types that are prevented by the vaccine.

HPV is a group of more than 150 related viruses. Each HPV virus in this large group is given a number which is called its HPV type. HPV is named for the warts (papillomas) some HPV types can cause. Some other HPV types can lead to cancer such as cervical, vaginal, penile, anal, mouth and throat.

HPV viruses are so common that the Center for Disease Control and Prevention (CDC) states that 80 percent of people will get at least one HPV infection in their lifetime.

Most HPV infections (9 out of 10) go away by themselves within two years and cause no health problems. Unfortunately, the CDC reports that HPV is responsible each year for 33,700 cancers in men and women. The HPV vaccine can prevent most of these cancers (about 31,200) from ever developing.

HPV vaccines work extremely well.

The FDA said it based the expansion on results of a study of 3,200 women followed over three and a half years. The study found that Gardasil 9 was 88 percent effective in the prevention of vulvar, vaginal and cervical precancerous lesions, cervical cancer and genital warts caused by the nine HPV strains.

The effectiveness of the vaccine in men was "inferred" from the data on women as well as a clinical trial of 150 men ages 27 to 45 who received a three-dose vaccination regimen over a six-month period.The FDA also looked at data from studies of younger men, ages 16 to 26. The overall safety of Gardasil 9, the FDA said, was evaluated in 13,000 men and women. Common adverse reactions included swelling, redness and pain at the injection site, and headache.

For those aged 9–14 years, two shots of vaccine are recommended for greatest protection. The second shot should be given six to 12 months after the first one. For those aged 15–26 years, three shots are recommended. The first two shots should be given one to two months apart. The third shot should be given about six months after the first shot.

Women can also prevent cervical cancer by getting screened. It is recommended that women should get their first pap test at age 21 and continue screening until age 65. The Pap test (or Pap smear) looks for precancers, cell changes on the cervix that might become cervical cancer if they are not treated. There is also an HPV test that looks for the virus that causes these cell changes.

A resource for adult men and women is the Cancer Service Program (CSP). The New York State CSP provides breast, cervical and colorectal cancer screenings at no cost to men and women who do not have health insurance or have health insurance that does not cover the cost of these screenings:

  • Cannot pay for these screenings
  • Meet income eligibility requirements
  • Meet age requirements
  • Live in New York State

To learn more about the New York State Cancer Services Program call 1-866-442-CANCER (2262) or visit here.

Talk to your primary care doctor about the HPV vaccine and screenings. If you do not have a primary care doctor, contact your local health department.

For information about Health Department services contact:

  • Genesee County Health Department at: 344-2580, ext. 5555, or this website.

Hawley: State of the State 'a blueprint for disaster'

By Billie Owens

A legislative statement from Assemblyman Steve Hawley (R,C,I-Batavia) on Gov. Cuomo’s 2019 State of the State and Executive Budget proposal:

“Gov. Cuomo sold out any remaining hint of pragmatic and moderate governance to the far left in order to secure his reelection. His policy wish list makes it abundantly clear that he sides more with the radical socialist movement than middle-class New Yorkers.

“An increase in welfare spending, exorbitant taxes and fees and no clear plan on addressing our state’s embarrassing exodus rate were all highlighted in the governor’s policy circus.

“Despite the governor’s agenda, I will continue to beat the drum for our region and seek infrastructure investment, new charitable gaming laws, tax and regulatory relief for small businesses and an end to big government handouts to illegals and those who refuse to work.”

Crash reported at Route 77 and Judge Road, one person requires extrication

By Billie Owens

A personal injury accident involving two vehicles is reported at Route 77 and Judge Road. Smoke is coming from one of the vehicles. One is off the roadway, and a jackknifed tractor-trailer is partially blocking the roadway. Oakfield's rescue unit is asked to respond mutual aid to extricate one patient. Alabama Fire Department and Mercy medics are also responding.

Law and Order: Bicyclist arrested after troopers allegedly spot him toting motel's TV under his arm

By Billie Owens

Joseph Marranco, no age provided, of Batavia, was arrested and charged with petit larceny on Jan. 6. That day SP Batavia troopers were dispatched to a local motel in the Town of Batavia for a larceny complaint. While en route to the complaint, troopers allegedly observed Marranco riding his bicycle on Main Street in the City of Batavia carrying a flat-screen television that was tucked underneath his arm. Further investigation revealed that Marranco was recently at the same motel and claimed that a motel guest stated he could borrow the motel's television. After his arrest he was arraigned in Batavia Town Court and put in jail on $1,000 cash bail.

Cody J. Wenner, 28, of Oak Street, Batavia, is charged with second-degree menacing and third-degree attempted assault. Wenner was arrested after a disturbance that occured at almost 1 a.m. on Jan. 1 on Walnut Street. He was arraigned in city court and held on $2,500 cash or bond. He is due back in city court on Jan. 23. The case was handled by Batavia Police Officer Felicia DeGroot.

William T. Hughes, 62, of Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. On Jan. 13, troopers out of SP Batavia were dispatched to a domestic dispute in the Town of Batavia. Upon arrival troopers determined the victim was grabbed and threatened with physical harm by Hughes. They also observed property damage at the residence. Hughes was arrested then arraigned in Town of Batavia Court and put in Genesee County Jail in lieu of $500 cash bail. An order of protection was issued for the victim.

Jennifer Sue Davis, 39, of Webber Avenue, Oakfield, is charged with: DWI -- with a previous offense; aggravated unlicensed operation in the first degree; leaving the scene of a property damage accident; following too closely; and refusal to take a breath test. On Jan. 11, following an investigation into a two-car accident at 6 p.m. on Route 63 in the Village of Oakfield, Davis was arrested. It is alleged that Davis was driving while intoxicated and while possessing a conditional driver's license and that she rear-ended another vehicle. Davis was arraigned in Oakfield Town Court on Jan. 11 and is due to return there at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Matthew Clor.

Joseph William Freeman, 34, of Summit Street, Batavia, is charged with: aggravated unlicensed operation in the second degree; unlicensed operator; uninsured motor vehicle; failure to use designated lane; and criminal use of drug paraphernalia in the second degree. He was arrested at 4:18 p.m. on Jan. 8 on Jackson Street in the city. The charges all stem from a traffic stop wherein it is alleged that Freeman was operating a motor vehicle on Ellicott Street at the intersection with Jackson Street and made an illegal right-hand turn onto Jackson Street. During a lawful search, several items of drug paraphernalia were allegedly discovered. He was released on bail and transported to Orleans County Jail on an active warrant out of that county. Freeman is due in Batavia City Court on Jan. 22. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer James DeFreze.

Quamane J. Santiago, 20, of Walnut Street, Batavia, is charged with two counts of second-degree harassment. He was arrested (date not specified) for allegedly having physical contact with two separate female victims during a disturbance that occurred at 6:05 a.m. on Dec. 1 on Walnut Street. Santiago was processed and issued an appearance ticket for this afternoon (Jan. 15) in city court. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Arick Perkins.

Brian Keith Dyer, 52, of North Street, Batavia, is charged with criminal tampering in the third degree. Dyer was arrested following a landlord-tenant dispute which occurred on North Street at 2 a.m. Jan. 5. Dyer was processed at Batavia Police Department and released on an appearance ticket returnable to Batavia City Court this afternoon (Jan. 15). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

East Pembroke selects Firefighter of the Year, Service Person of the Year

By Howard B. Owens

The East Pembroke Fire Department held its annual installation and awards banquet at Batavia Downs on Saturday night and Kenny Marble was named Firefighter of the Year.

Top photo: Don Newton Sr., president; Chuck Chatley, assistant chief; Steve Smelski, assistant chief; Kenny Marble, vice president; Paul Fenton, owner of Fenton's Produce, commissioner, and Service Person of the Year after serving on the board for 27 years; Don Newton, Jr., chief; Bill Lawrence, commissioner; Tom Dix, commissioner; and Rick Groff, incoming commissioner, replacing Fenton.

Paul Fenton, Service Person of the Year.

Kenny Marble, Firefighter of the Year.

Officers taking the oath of office.

The fire department members and district commissioners.

GC and city youth boards call for recognition nominations, deadline is Feb. 15

By Billie Owens

Press release:

The Genesee County & City of Batavia Youth Boards are looking for nominations for their annual Youth Recognition Banquet. There are three awards presented at the Youth Recognition Banquet:

  • Youth Recognition Award — This award recognizes young people who have performed exceptional service to the community and/or have assumed extraordinary roles in their families. Typically, the best candidates for this award are high school students, but we also know there are 12-, 13-, and 14-year-olds who exemplify distinctive qualities of service. Several youth will be recognized; however the Youth Boards reserve the right to limit the number of recipients.
  • Adult Volunteer — This award recognizes an adult who provides service as a volunteer to youth in Genesee County.
  • Adult Youth Worker — This award recognizes a youth service professional whose work surpasses normal expectations.

Recipients will be honored at the Youth Recognition Banquet on March 28. Nominations are due by Friday, Feb. 15th.

For more information or to receive nomination forms, please call the Genesee County Youth Bureau at 344-3960 or youthbureau@co.genesee.ny.us. The forms are also on the Youth Bureau page of the Genesee County website, www.co.genesee.ny.us.

Winter Wonderland Hikes planned at GC Park & Forest, must preregister

By Billie Owens

Press release:

Discover the wonders of winter with hikes at the Genesee County Park & Forest! Track the secret lives of wild animals and seek out the brave birds that spend winter in Western New York! Winter Wonderland Hikes are held on Saturdays from 1:30 pm to 3 p.m.

  • Saturday, Jan. 19th: Animal Tracks & Signs (*Bad weather date: Saturday Jan. 26th)
  • Saturday, Feb.16th: Winged Wildlife (*Bad weather date: Saturday Feb. 23rd)

Hikes will go, snow or no snow. Hikes begin at the Interpretive Nature Center and end with hot chocolate and snacks. Snowshoes may be used, weather permitting, and are available for rent or you may bring your own. Snowshoeing lesson provided, no previous experience needed! Rental is included in the price, $5/person, $15 max/family. Recommended for ages 3 and up! Pre-registration is required, call 585-344-1122! If cancelled due to weather, hikes will be rescheduled to bad weather dates as listed above.

Enjoy the tranquil beauty of the forest on a full moon night! Naturalists lead you on a peaceful Moonlight Snowshoe and Winter Fun Hike on Saturday, Jan. 19th and Saturday, Feb. 16th from 7 to 9 p.m. Meet at Pavilion B on Raymond Road. Hikes will go, snow or no snow. Hikes begin and conclude with refreshments by a warm fire in Pavilion B! For ages 18 and over.

Snowshoes may be used, weather permitting, and are available for rent or you may bring your own. Snowshoeing lesson provided, no previous experience needed! Rental is included in the price, $5/person, $15 max/family.

Make a memory this winter with your own Private Group Snowshoe Hike! A Naturalist guides your group through peaceful woodland trails and open meadows. Listen to winter’s quiet beauty and find signs of wildlife in this 431-acre park. Private hikes are available on Saturdays in January and February from 10 a.m. – 12 p.m. by reservation only at the Interpretive Nature Center. No previous experience is needed; snowshoes provided or bring your own. Rental is included in the price, $5/person, minimum group fee is $75. Call 585-344-1122 to book your own adventure!

Snowshoe Rentals are available at the Genesee County Park & Forest Interpretive Center 10 a.m. – 3 p.m. on Thursdays and Fridays, 12 – 3 p.m. on Saturdays and Sundays December through March, weather permitting. Snowshoes must be used in the park. Fee is $5/pair and all proceeds go to ACORNS, the nonprofit organization that supports the parks!

Call (585) 344-1122 to register. For more information visit the website here, or contact Shannon Lyaski atShannon.Lyaski@co.genesee.ny.us or (585) 344-1122.

City will pick up real Christmas trees as weather permits through Jan. 31

By Billie Owens

Press release:

The City of Batavia will be picking up Christmas trees during the month of January as weather and operations permit.

Important information regarding Christmas tree removal:

  • We can only pick up real trees. No artificial trees.

  • Residents are to place trees in the parkway near the curb. Keep trees out of the roadway and clear of sidewalks.

  • Residents placing trees out will strip the trees of all decorations, lights, stands and bags. These items damage chipping equipment. Contact your waste disposal company for information on the proper disposal of these items.

  • If high winds are forecasted, delay putting trees out until after winds have subsided. Trees in the road and across sidewalks are a hazards to motorists and pedestrians.

  • Keep trees free of snow and ice so they are visible and do not become frozen to the ground.

  • Please, have trees out for pick up before Jan. 31 (last day of pickup).

Weather advisory issued for freezing drizzle, potential slick roads and walks

By Howard B. Owens

A winter weather advisory is in effect until 10 p.m. for freezing drizzle, which could create a glaze of ice accumulation on roadways and walkways.

The weather service warns of potentially hazardous conditions, especially on untreated roads, particularly during the evening commute.

Town of Alexander Republican Committee seeks candidates for office

By Billie Owens
Press release:
 
The Town of Alexander Republican Committee is seeking registered party members that are interested in being selected as the endorsed Republican candidate for the following offices in the November General Election:
  • County Legislator District #6 (Alexander, Bethany and Pavilion)
  • Town Supervisor
  • Town Highway Superintendent
  • Town Council -- two seats
  • Town Clerk
All the above offices are four-year terms.
  • Also seeking registered party members for Town Republican Committee Member District #2 (east of Route 98).

Those interested please send letter of intent and resume by Jan. 31st to: Barbara Eddy, 11054 Alexander Road, Attica, NY 14011, or contact at 585-507-9930.

Community Foundation for Greater Buffalo accepting applications for 2019 competitive grant process

By Billie Owens
Press release:
 
The Community Foundation for Greater Buffalo is accepting Letters of Intent for its 2019 competitive grant process through Feb. 4. Interested organizations should read the detailed guidelines/additional information that can be found here before submitting a Letter of Intent: https://www.cfgb.org/nonprofits/grants/community-foundation/
 
Additionally, applicants must be a 501(c)(3) nonprofit organization located within the eight counties of Western New York (Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Wyoming).
 
In 2018, the Community Foundation awarded more than $500,000 to 23 Western New York nonprofit organizations through the competitive grants process. The Foundation is home to more than 900 named funds, totaling over $485 million in assets and is one of the region’s largest grantmakers. 
 
About the Community Foundation for Greater Buffalo
Celebrating its centennial year in 2019, the Community Foundation for Greater Buffalo was established in 1919 to enhance and encourage long-term philanthropy in the Western New York community. A 501 (c)(3) organization, the Community Foundation’s mission is: Connecting people, ideas and resources to improve lives in Western New York. For 100 years the Community Foundation has made the most of the generosity of individuals, families, foundations and organizations who entrust charitable assets to the Community Foundation’s care. Learn more at www.cfgb.org.

City of Batavia Republican Committee seeks candidates

By Billie Owens

Press release:

The City of Batavia Republican Committee is seeking City Republicans interested in running for the positions of City Court Judge, City Council in wards 1-6 and County Legislators in districts 7-9.

Letters of interest can be mailed to City Republican Chairman David Saleh at 116 Naramore Drive, Batavia, NY 14020. Chairman Saleh can also be reached at 585-599-3540.

If you are interested in getting involved in making Batavia a better place to live and work then we want to hear from you!

Chamber of Commerce announces Business of the Year, three other annual awards

By Howard B. Owens

Press release:

The Genesee County Chamber of Commerce is celebrating its 47th Annual Awards Ceremony which will be held on Saturday, March 2, at the Quality Inn & Suites, Park Road, Batavia.

This is the County’s premier event that honors businesses and individuals for their achievements in business, community service and volunteerism. Tickets are $50 per person or a table of 10 for $450.

The evening begins at 5:30 with hors d'oeuvres, entrée tables & cash bar (no formal sit-down dinner is to be served). The Award Program starts at 7 p.m. where dessert and coffee will be served. 

This year’s honorees are: 

  • Business of the Year:    Genesee Lumber Company Inc.      
  • Agricultural Organization of the Year:    Upstate Niagara Cooperative Inc.   
  • Special Service Recognition of the Year:   The Batavia Rotary Club
  • Geneseean of the Year:   Bob Stocking, of Corfu

Judge hears testimony on admissibility of evidence in fatal hit-and-run case, ruling pending

By Billie Owens

An evidentiary hearing that grew testy at times was held in Genesee County Court this afternoon in the case of Jennifer L. Serrano.

The 48-year-old who lives on Charles Street in Irving is charged with second-degree vehicular manslaughter in the death of 18-year-old Connor Lynskey and leaving the scene of a personal injury accident. She remains in jail on $100,000 bail or $200,000 bond.

It is alleged that in the early morning hours of Aug. 11 that an intoxicated Serrano struck and killed Lynskey, of Hinckley, on Sumner Road in Darien but didn't stop to help or call the police. Lynskey was reported missing that night after the Jason Aldean concert and officers patrolled the area, including Sumner Road, but nobody saw Lynskey or any evidence of an accident.

The next morning, Deputy Richard Schildwaster, checking Sumner Road, found debris in the roadway and when he got out of his vehicle and looked around, he found Lynskey's body in a ditch.

How Serrano first came to the attention of Sheriff's Deputy Robert Henning was part of the testimony given at what is known as a Huntley hearing to determine what will be admitted into evidence. It is believed that Henning encountered Serrano after the fatal hit-and-run had occurred.

Under questioning from District Attorney Lawrence Friedman, Henning said at 12:56 a.m. he was traveling northbound on Route 77 heading to the county jail with a male who had just been arraigned in Darien Town Court on a criminal mischief charge.

Henning said he noticed a white Jeep Wrangler backing out of a residential driveway and it was stationary on the eastside of the roadway. 

Under questioning from one of two defense lawyers present, Henning later noted that when he spotted the Jeep he was traveling 55 to 60 miles an hour in a 55-mph zone. Traffic was moderate that evening, he said, due to the concert ending at Darien Lake Performing Arts Center not long before.

If Serrano's vehicle had stayed on the shoulder, he said he would have driven past her. But suddenly the Jeep pulled onto northbound 77 right in front of the deputy's vehicle and Henning said he had no reason to anticipate the Jeep's action and did not slow down.

Instead, he slammed on his brakes to avoid a collision and swerved into the southbound lane of 77, where "fortunately, no cars were coming."

Defense Attorney Frank LoTiempo asked if the soon-to-be-inmate in the backseat of the patrol vehicle was injured in the violent slamming on of brakes and if injuries were reported. Henning said he recalls some part of the arrestee "moving forward and some contact was made" with the divider between the front and rear seats, but no injuries were sustained, thus none reported.

"Were there skid marks?" LoTiempo asked.

"I didn't look," Henning said.

Upon further questioning, Henning noted that he took no pictures at the scene and could not recall which driveway the Jeep had backed out of.

LoTiempo asked that the name of the male in Young's custody at the time be determined and provided to the defense in case they decide to interview him about what he saw or heard.

Next, Henning said he turned on his emergency lights and pulled behind the Jeep, which pulled over after a couple hundred feet and stopped.

He said he approached the driver, whom he identified in court as Serrano, who sat in beige pants and an orange hoodie, shackled, at the defense table, her dark hair up in a coarse braid, reading glasses propped on her head. Serrano smiled a couple of times at three family members in the gallery; she largely seemed dazed during the hearing.

Henning said she had trooper stickers on her windows and he asked her about them, and she replied that some members of her family were retired from law enforcement.

The reason she was pulled over -- pulling out suddenly into traffic -- would have been simply a traffic violation -- moving from lane unsafely -- until Henning suspected Serrano was impaired. He said Serrano told him she was returning from the Silver Lake area and he observed she had bloodshot, glassy eyes, slurred speach and he detected the strong odor of alcohol on her breath.

He asked her to exit the vehicle and when she did she "misjudged the depth of the ground" and got off balance, but used the door to steady herself and was able to "stagger" to the rear of the vehicle by using it to "keep from swaying back and forth" while he talked with her.

Henning testified that he activated his body camera when he approached Serrano and that footage would also show Deputy Jenna Ferrando.

LoTiempo asked the deputy if he had the body cam on the entire time during his shift. Henning replied that he always had it on his person just not always on, but that it may have been on while he was at Darien Lake.

"She seemed fidgety, uncomfortable and nervous," Henning told Friedman.

"Did you ask her if she had something to drink?" Friedman asked.

"She said she had earlier in the day, then she said she had none," Henning said.

Once Henning knew Serrano was not going to be getting back into the Jeep to drive, a half hour to 40 minutes after encountering the defendant, her Miranda rights (to have an attorney, to not answer questions, etc.) were not read, Henning testified under questioning from LoTiempo. Yet the defense attorney said one of two DVDs entered into evidence today will show that Serrano says she asserts her right to say nothing and still the deputy talks with her about a Breathalyzer test. 

LoTiempo said a "7-10-30" notice was filled out but nothing was noted about the deputy asking her about drinking.

Next up to testify was Deputy Ryan Young, who spoke about his assignment Aug. 12 -- to take two deputies to the Buffalo Airport so they could travel for training then go to 23 Opal Court in Amherst. That's where the defendant's sister Mary Brillhart lives. He was to make sure Serrano's Jeep, which was parked in the garage, stayed in the garage.

Young said he got there about 4:30 a.m. and waited three hours until Sheriff's Investigator Christopher Parker got there with a search warrant.

At about 7:25, Young, Investigator Parker and two officers from the Amherst Police Department converged at the property. Young said he approached the "man door" on the side of the garage, saw Serrano inside the garage and activated his body cam; he asked her to open the door, whereupon she opened the overhead garage door. Young said he saw that the damage to the Jeep was consistent with the damage specified in the hit-and-run report.

Parker, according to Young, asked Serrano if she knew why law enforcement was there.

"I imagine you found my (suicide) note at my house," Serrano replied.

After Serrano was arrested her Miranda rights were read to her.

Young testified that she subsequently asked him to retrieve reading glasses from the house for her and flip-flops from the Jeep, and when he got the latter, he found a bottle of clonazapam in plain view. Young drove her silently on a 40-minute ride to the Genesee County Jail. Once there, he asked her how many of the pills she had taken; "one" she said. "Not enough to overdose?" he asked. "No, that was the plan," Serrano replied.

Young told the court that he was concerned about what amount of the drug she had in her system because she was being processed into jail.

Sanchez asked if Serrano was asked questions after her Miranda rights were read.

Young testified that a few were, such as "How can I reach your sister?" "What is her (sister's) first name?" "Does she know what happened?" "Did you leave the note inside or outside your house?"

Sanchez raised issues about the "affirmative questions" Serrano had been asked while interacting with the Genesee County Sheriff's Office personnel. The DA objected and asked what "affirmative questions" were and said the questions speak for themselves and it is not for Deputy Young to classify them in a particular way because the defense asks him to. The judge sustained the objection.

Sanchez asked if Young's body cam was on the whole time that day.

"I recall that I turned the camera off when I went to use the bathroom," Young deadpanned.

The question of when the defense counsel "attaches" to Serrano was debated in this Huntley hearing. Was it at the time she retained attorney Michael Caffery for a misdemeanor DWI arraignment in Darien Town Court? Or was it after that DWI, or once the hit-and-run fatal were suspected of being connected to the arrest made by Henning when LoTiempo and Sanchez were hired?

The defense then called its sole witness, attorney Caffery, who testified he was retained for $500 and met with Serrano at the jail. After speaking with dispatch about damage to the Jeep, he thought there was more to the case than a misdemeanor DWI.

Caffery, Serrano and "a third party" -- a woman who had been a passenger in Serrano's vehicle -- subsequently met at the Tim Hortons in Derby (Erie County).

"What was said?" Friedman asked.

That prompted the defense to object because they specifically wanted to limit Caffery's testimony to the fact that he had been retained for the misdemeanor DWI and that there was property damage to the Jeep.

LoTiempo argued -- with hands on hips, then his right hand jabbing the air with the forefinger and pinkie sticking out belligerently -- that the conversation was covered by attorney-client privilege and therefore off limits for cross-examination.

Friedman rejected his assertion, saying that Caffery is a witness that he has the right to cross-examine and that the presence of a third party negates the attorney-client privilege argument.

Judge Zambito overruled the objection and called for the witness to answer the question. LoTiempo -- hanging his head toward the floor dejectedly as he sat sideways at the defense table, his fist in a knot -- reared up to renew his argument.

The heated scenario prompted the judge to call the lawyers into his chambers for a 10-minute recess.

It seemed to tax the victim's parents, who had sat throughout the proceedings with great poise along with three other adults in the front row.

The mother began to cry as she briefly exited the gallery, sobbing halfway down the aisle. She returned composed.

The issues of Caffery's attorney-client privilege and what was said at Tim Hortons were not revisited by Friedman after court resumed.

The case is next on the docket for 1:45 p.m. on March 13.

Previously:

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