Skip to main content

Zambito to be new county attorney; Bergen's Bausch to represent District 2

By Howard B. Owens

County Legislator Charles Zambito is about to become the new county attorney, and Bergen Village Trustee Robert Bausch will be appointed to replace him in District 2.

The Zambito and Bausch appointments were approved unanimously yesterday by the Ways and Means Committee and will be placed on next Wednesday's agenda for the full Legislature to vote on.

Hollis Upson chaired the Ways and Means Committee meeting yesterday (normally Zambito's position) and praised both his fellow legislator and the incoming local lawmaker.

On Zambito: "He was rather heartily endorsed as a candidate who knows the county’s business intimately and he is good to work with, so we’re looking forward to it. We expect no bumps and lots of continuity in the service."

On Bausch:  "He has a long history of community service. Quite impressive. Very dedicated public servant in private, non-profits and many boards over the years, so we think he will be a great addition to the Legislature."

Bausch spoke with The Batavian's news partner WBTA and said he's looking forward to the job and took it with the idea that it is at least a four-year commitment, not just something he is going to do for a year and then step aside.

"Primarily, the major issue I see with the county is the nursing home. It is the cash-flow issue because they do not have a normal financial plan for the people at the county nursing home."

He said his range of experience with various groups and boards will be a benefit in his new role.

"That really helps mature a person for a position like this because you understand there are two sides to a story, you’ve just got to understand where everybody is coming from," he said.

Zambito will take over from John Rizzo, who is retiring and taking a job with an area bank, on April 5.

Police Beat: Batavia man accused of trying to steal from CSX Railroad

By Howard B. Owens

David J. Swartz, 49, of 313 Washington Ave., Batavia, is charged with petit larceny and trespass. Swartz was reportedly found on CSX Railroad property Wortendyke Road in the Town of Batavia. Sheriff's deputies and a CSX Railroad police officer responded to the area at 9:30 p.m., Tuesday, after receiving a report of a suspicious vehicle. Swartz was allegedly stealing items from CSX.

Joshua S. Bettilyon, 22, of 26 Maple St., Apt. A, Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Bettilyon was stopped by Deputy Chad Minuto in the Village of Oakfield at 8:45 p.m., Wednesday, for allegedly speeding.

Today's Deals: Sallome's, Margarita's, South Main, Matty's, Settler's, Enchanted Florist

By Howard B. Owens

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 each.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY:  Spring colors aren't quite yet here, unless you go to The Enchanted Florist! Brighten up your home or office today. We have a $20 gift certificate for $9.50.

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

SOLD OUT

A wee bit of the Irish in Batavia tonight

By Howard B. Owens

Several bars in Batavia tonight were popular spots for St. Patrick's Day celebrations, but Center Street Smoke House had students perform from McMahon School of Irish Dance (above). Meanwhile, O'Lacy's Irish Pub, as you would expect, was packed (below).

Raises reported for Graham executives

By Howard B. Owens

In a filing with the SEC, Batavia-based Graham Corp. announced raises for its senior executives, effective April 1, according to the Rochester Business Journal.

Pay for CEO James Lines jumps 3.8 per cent, from $265,000 to $275,000.

Three percent increases were given to Jeff Glajch, vice president–finance and administration and chief financial officer, to $216,000; Alan Smith, vice president of operations, to $183,536; and, Jennifer Condame, controller and chief accounting officer, to $132,613.

Victim asks judge to throw the book at con man, and Noonan grants her wish

By Howard B. Owens

Yusuf A. Hassem told Judge Robert Noonan today that's he's not an evil man.

"Most of those things on my record are misdemeanors," said the 69-year-old con man who's criminal history dates back to 1957.

Noonan wasn't buying it.

"I'm imposing the maximum sentence and I know there is a prosecutor in Albany looking to do the same," Noonan said. "I don't know if you are going to live long enough to see daylight again or not, but society would certainly be safer if you don't."

Hassem, aka Louis L. Reed, was convicted by a jury Feb. 3 of grand larceny, 4th.

The maximum sentence Noonan could impose was two to four years in state prison.

The swindler stole $2,000 from a Batavia woman after meeting her at Tonawanda Valley Federal Credit Union. That day Hassem was dressed in suit that made him look like a possible African visitor and spoke to the woman in a fake Nigerian accent. He said he was new to the country and needed help with a banking transaction. Somehow, he managed to switch packages with her, handing her a pile of paper in a handkerchief, and walking off with her money.

The mother of three was working three jobs at the time, 70 hours a week, and the $2,000 represented her entire savings.

In court today (she asked that I not us her name and I agreed), the woman described how angry she was and how foolish she felt when she realized her money had been stolen.

"I had to rethink the situation and realize I was just being me -- helpful and good-hearted, and I got taken advantage of by a criminal that had sadly made a career out of taking from people," the woman told Noonan.

She said Hassem should be locked away forever and asked Noonan to throw the book at him.

District Attorney Lawrence Friedman pointed out that Hassem has made contradictory statements about the events of that day and most recently told pre-sentence investigators that he didn't steal the victim's money.

"It’s clear this defendant can’t tell the truth," Friedman said. "We can't really protect society from him long enough because eventually he will get out and he will victimize people again. The maximum isn’t long enough, but let’s at least protect society for as long as we can."

Friedman noted that the Buffalo resident's rap sheet is 23 pages long and spans multiple decades, multiple states and multiple aliases.

His defense attorney asked for some a minimum sentence because of health issues and Hassem's age.

When it came time for Hassem to speak, he blamed the victim. He claimed that he flirted with the woman and she flirted back and that they had made a date for later.

"This is really about she couldn't get a dime from me," Hassem said.

When the aging grifter finished his disjointed speech, Noonan laid into him.

"Well, sir, it's hard to imagine that somebody could get to be nearly 70, and to be as intelligent a person as you seem, and then be so detached from reality," Noonan said.  "For you to think that this young woman would be attracted to you and that you could get a date with her, while it may have been in your mind that she was flirting back, while you're all dressed up in your funny little African costume, and that you could win her over as a little old man who needed her help, is hard to believe."

Noonan also ordered Hassem to pay restitution of $2,000, which Hassem also tried to dispute saying his family tried to pay restitution previously, but Friedman turned it down.

Noonan shut him off with a terse, "you also could have accepted a plea before this case went to trial for one and a half years. Those times are long gone. This case is over. The matter is adjourned."

At which point, Hassem was asked to sign some papers and he started to speak again, but his deputy escort said, "Do you want to add contempt of court to your charges?"

Transformer explosion on Walnut Street

By Billie Owens

Batavia Fire Department is responding to a reported "transformer explosion" at 61 Walnut St. National Grid has been notified.

UPDATE 2:54 p.m.: The transformer is fine, says the fireman. They are leaving the scene. There are a couple of wires up high there that are dangling or loose. "Mighta been some squirrels," the fireman says, as a possible explanation.

Possible injury accident on Thruway in Le Roy

By Howard B. Owens

A two-car accident, believed with injuries, has been reported on the Thruway in the area of westbound mile marker 382.

One person has been reportedly dragged from a vehicle and is lying on the ground.

One car is in a ditch.

Mercy Flight is being put on standby.

Le Roy Fire and Le Roy Ambulance are responding.

UPDATE 11:54 a.m.: An assistant chief reports one injury, with the patient complaining of neck and back pain.

UPDATE 11:56 a.m.: Mercy Flight cancelled.

Driver in alleged high-speed chase and accident charged

By Howard B. Owens

Louis M. Reeb IV has been charged with DWI, unlawfully fleeing a police officer, speeding and reckless driving, among other charges.

The 19-year-old is accused of leading law enforcement on a 100-mph chase through the town and city of Batavia on March 8 before slamming his truck into a house on South Main Street.

Reeb appeared voluntarily in Town of Batavia court with his family this morning to answer to seven charges filed in the town's jurisdiction. He also faces three charges in the city.

The young man was released from the hospital yesterday.

The other town charges include unsafe passing, driving left of pavement markers and failure to yield to an emergency vehicle.

He was issued an appearance ticket for the City of Batavia charges, which are: reckless endangerment, criminal mischief and speeding. He is scheduled to appear in City Court at 9 a.m., March 31.

No bail was set for Reeb by Justice Tom Williams. He was released under the supervision of Genesee Justice. He is to appear in town court again at 1:30 p.m., April 27.

Results of Tuesday's village elections

By Howard B. Owens

Jennifer Keys, a regular contributor to The Batavian, was elected to a village trustee seat in the Le Roy election yesterday.

She was one of four people to win a contested seat in the five village elections held Tuesday.

Also winning in Le Roy was Robert Taylor.

The winners in Corfu were David Bielec and Thomas Sobczak.

(via WBTA)

Bergen man suspected of DWI dies shortly after arrest

By Howard B. Owens

A 47-year-old Bergen man suspected of DWI died shortly after being arrested Tuesday evening, despite the best efforts of Sheriff's deputies and EMS personnel to revive him.

Richard Fox, of 7936 Swamp Road, was pronounced dead at UMMC at 7:33 p.m.

The incident started at 5:59 p.m. when Deputy Timothy Wescott was dispatched to the Fox residence after a 9-1-1 call reported that Fox had just gotten in his car while intoxicated and driven off.

When Wescott arrived at the address, he reportedly found Fox's car in the driveway and Fox was in his residence, so Wescott questioned him about the alleged drinking and driving.

Based on the interview, Wescott conducted a field sobriety test. Fox reportedly failed the test and was placed into custody.

After Fox was handcuffed and placed in a patrol vehicle, he asked to speak to his wife.

Fox is described in a Sheriff's Office press release as cooperative throughout the entire process.

After Fox finished talking with his wife, Wescott noticed that Fox had become unresponsive. About this time, Deputy Chris Parker arrived on scene.

Wescott and Parker began to administer CPR to Fox and the Bergen Volunteer Fire Department ambulance was dispatched to the location.

The medics took over resuscitation procedures and began the transport to UMMC.

Efforts to revive Fox at UMMC were unsuccessful and he was pronounced dead.

The investigation into his death is ongoing by the Sheriff's Office, Coroner Robert Yungfleisch and the Monroe County Medical Examiner's Office.

Woman taken by Mercy Flight to Strong following accident on Ellicott

By Howard B. Owens

A 79-year-old Batavia woman was taken by Mercy Flight to Strong Memorial Hospital following a semi-truck vs. car accident at Jackson and Ellicott streets this evening.

The car was apparently flipped over by an 18-wheeler and it landed on its roof, narrowly missing the gas pumps at the Red Apple Kwik Fill.

The driver of the truck, Slawomir Milczek, said he never even saw the car until after he stopped to check his brake lines and saw the vehicle on its roof at the gas station.

“I didn’t see any car," Misezek said.  "I just come here, and ‘oh, my God. The car is in the gas station. What happened?’ I don’t know."

Sgt. John Peck said the initial investigation indicates the driver of the car failed to yield the right-of-way as she turned onto Ellicott from Jackson.

The car, driven by Josephine Barone of Swan Street, was caught under the wheels of the trailer, thrown into a railroad-crossing sign and flipped over onto its roof near the gas pumps.

“I don’t know what her condidtion is, but I did speak to her briefly and she was conscious and alert," Peck said. "I’m sure a lot of it is precautionary, but I don’t know the extent of her injuries.”

Mercy Flight landed in the parking lot of the Salvation Army.

Misezek was emotional and animated as he described the accident to local media (pictured above).

“Then I hear very big noise. Boom." Misezek said. "I think, my air hose is broken. And then I was a stoppen on the railway, so I can’t stop, so I move a little bit forward, OK. And then I was stoppen there. I just went from the truck and ‘what’s going on?’ I didn’t see anything around me."

LISTEN (recommended): Slawomir Milczek describe the accident (mp3).

Capacity turnout for community meeting on sex offenders

By Howard B. Owens

Good turn out tonight for the community meeting on sex offenders called for by Councilwoman Rose Mary Christian and organized by Police Chief Randy Baker and members of his department.

Top photo is Det. Pat Corona explaining some of the information available to the community on sex offenders.

After his opening remarks, Det. Corona showed a video about the New York sex offender database.

And it was at that point that I had to leave rather abruptly to cover the accident at Jackson and Ellicott.

Motor vehicle accident prompts Mercy Flight to land on Jackson Street in Batavia

By Billie Owens

A motor vehicle accident in downtown Batavia prompted the landing just minutes ago of a Mercy Flight helicopter in the parking lot of the Salvation Army Store on Jackson Street (the old Star Market).

At the accident scene nearby, a car is reported to be on its roof, which required extrication of the occupant(S). Mercy EMS met the helicopter out of Buffalo at the gate of the Salvation Army.

No further details yet.

UPDATE 7:36 p.m.: The Life Flight helicopter is airborne, bound for Strong Memorial Hospital in Rochester.

 

Attorney says he's ready to defend Scott Doll in murder trial

By Howard B. Owens

BATAVIA, NY -- Scott Doll didn't kill Joseph Benaquist. That's the defense attorney Paul Cambria said he will present at the Corfu man's murder trial starting May 3.

Cambria won't rely on expert psychological testimony to try and explain Doll's actions or statements, Cambria said at a hearing in Genesee County Court this morning.

"There is no such defense," Cambria told Judge Robert Noonan after District Attorney Lawrence Friedman asked for the results of any psychological evaluation of Doll. Cambria said no such evaluation has been done because Doll's state of mind won't be an issue in the trial.

"The defense is the defendant is not guilty. That’s the defense. We do not intend to offer any sort of psychological testimony. He didn't do it. That’s the the defense of the case."

Today's hearing was primarily to give Doll a chance to accept any plea offer before the trial date is confirmed, but Friedman hasn't made a plea offer to Doll.

"It has been the understanding from the start of this case that it had to be tried and Mr. Cambria agreed with that assessment," Friedman said.

The two attorneys, as well as Cambria's co-counsel, Daniel Killelea, discussed various issues regarding evidence in the case.

Killelea raised a concern about the prosecution's inability, so far, to narrow the time of Benaquist's death further than some time between 4:45 p.m. and 1:30 a.m. p.m., Feb. 16-17, 2009 (the prosecution puts the time of attack at between 4:45 p.m. and 8:45 p.m.).

"Obviously, a more narrow time is important to us as we prepare our defense, and at trial, to effectively represent Mr. Doll," Killelea said.

Judge Noonan said he couldn't really order the prosecution to name a more particular  time if Friedman doesn't have the evidence to draw that conclusion.

Outside of court, Cambria said the Sheriff's Office and District Attorney reached a hasty conclusion that Doll killed the 66-year-old Benaquist, who was found bludgeoned to death in the driveway of his Pembroke home. Cambria said they concluded Doll was the killer even before all of the forensic evidence was gathered.

"They rushed to judgement here," Cambria said. "In two days they had an indictment. We’re getting reports now (from the forensics lab). We just got one last week. And here they are rushing to judgment two days after it’s over. As far as we’re concerned, they have their opinion and when they get to court and they get crossed examined and we put in our evidence, then the jury will make a determination."

Sheriff's Office investigators say Doll was found covered with blood wandering on the east side of North Lake Road. 

The trial is expected to last three weeks.

For previous coverage, click here.

Photos: Cambria, back left, Killelea, and Doll exit the court house. Inset: Paul Cambria talks with the media.

Alleged shoplifting leads Le Roy Police on string of arrests

By Howard B. Owens

It started out as a simple shoplifting accusation against a 16-year-old girl in Le Roy and wound up leading to a series of arrests including charges of assault, underage drinking and stealing.

The initial complaint came in on Feb. 27, when Le Roy Police were called to a local business that alleged a 16-year-old Village girl had stolen items and when confronted by management, the girl fought with them causing injury.

The girl was charged with petit larceny and assault, 3rd. She was jailed on an unspecified amount of bail.

During the investigation, police found two people under age 21 in possession of alcohol. Charged with unlawful possession of alcohol were Kenneth Michael Gray, 18, of 77 Myrtle St., Le Roy, and Nicholas A. Thurley, 19, of 61 Myrtle St., Apt. A-7, Le Roy.

Another person, Alan J. Delano, 19, of 556 Peck Road, Spencerport, was arrested on a warrant out of Monroe County. He allegedly gave a false name to police. He was charged with one count of criminal impersonation, 2nd.

Delano was jailed, but posted bail and was released from Genesee County custody and immediately picked up by Monroe County on the outstanding warrant.

Detective John Condidorio then determined that a coat containing a wallet and three credit cards found inside of a car was stolen from a house in Brockport. On Sunday, Condidorio relocated Delano and he was charged with three counts of criminal possession of stolen property, 4th. He was jailed on $2,500 bail.

Police Beat: State police arrest man on drug charges in Alabama

By Howard B. Owens

John P. Richter, 57, of East Amherst, is charged with DWI, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Richter was stopped by state police on Route 77 in Alabama at 2:35 a.m., Monday. No further details were released.

Kyler S. Hapeman, 19, of 306 Caroline St., Albion, is charged with unlawful possession of marijuana. Hapeman was allegedly found in possession of marijuana during a traffic stop by Deputy Kevin McCarthy at 7:16 p.m., Monday, on Knowlesville Road in Alabama.

Linda M. Clemens, 49, of Batavia, is charged with criminal mischief and harassment, 2nd. Clemens was arrested by state police at 11 Mix Place, Batavia, at 7:30 p.m, Sunday in connection with an alleged incident in Stafford. No further details were released.

Accidents from the state police blotter:

8:35 a.m., Sunday, Thruway, Le Roy, mile marker 379.6, one vehicle; Driver 1: Patrick D. McCarthy, 41, of Stratford. No injuries reported.

Legislator Zambito throwing his hat in the ring for County Attorney job

By Howard B. Owens

(Updated 8:17 a.m., Tuesday)

Charles Zambito -- currently the county legislator serving District 2 (Elba, Byron and Bergen) -- would very much like to be the new county attorney.

With the retirement of John Rizzo this month, Zambito has let his fellow legislators -- who will pick the new county attorney -- know that he would like the job.

"It’s something that I had my eye on if there was an opening, but who knew if there would be an opening?" Zambito said Monday afternoon. "This is the opportunity and I’m interested."

Inarguably, the Elba resident is qualified. He's clerked for two local judges, worked as a public defender in Monroe County and spent 11 years in the local district attorney's office. He's also got decades of experience in insurance liability and litigation, not to mention the more than eight years he's served as a county legislator.

"Obviously, my experience with the county legislature got me interested in it, but it’s the kind of job that sort of fits with what I’ve been doing for the past almost 30 years," Zambito said.

The legislature will meet in closed session on Wednesday morning to discuss the county attorney position. Zambito's application for the job is likely to be considered. The topic is also on the Ways and Means Committee agenda for Wednesday afternoon.

County Legislature Chairwoman Mary Pat Hancock said since the legislature has not yet discussed the issue as a group, she couldn't say how Zambito's application will be received, but she said Zambito certainly seems qualified for the job.

"He has the experience," she said. "He's a good attorney and he has experience in insurance and risk management."

She added that his experience as a county legislator also helps.

In talking with Chuck on Monday afternoon, he clearly has an enthusiasm for the job and is hoping that the other legislators will support his application. He isn't applying for the job just because it seems like the thing to do -- he sees it as the right thing for him to do at this point in his career.

"I think I can fit in fairly well," Zambito said. "John’s been there a long time – over 30 years – I don’t know that anybody can just step in and replace him, but I think I can probably do as good a job as anybody with my background."

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
Tags: Jobs Wanted

Authentically Local