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A deer showed up in our backyard this morning

By Howard B. Owens
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For the first time, we spotted a deer in our backyard at about 11 a.m., eating some birdseed that had fallen to the ground (at least it wasn't my roses). We live on the Southside, just off Jackson Street.

Video: Replacement of the Pratt Road Bridge

By Howard B. Owens
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Genesee County is replacing the bridge over the Tonawanda Creek at Pratt Road in Batavia. The $1.6 million project is 95 percent federally funded.

Grand Jury Report: Man indicted on 10 felonies in Bergen teen case

By Billie Owens

Guillermo J. Torres-Acevedo is indicted for the crime of second-degree rape, a Class D violent felony. He is an adult accused of engaging is sexual intercourse with a person under 15 years old sometime during October at or near the County Meadows Manufactured Home Community in the Town of Batavia. In count two, he is accused of the same crime during September or October, on a different occasion. In count three, he is accused of the same crime in October while in the parking lot of a hotel in the Town of Batavia. In count four, he is accused of the same crime sometime between Nov. 25 and 26 in the Town of Batavia. In counts five, six and seven he is accused of criminal sexual act in the second degree, also a Class D violent felony, for allegedly engaging in oral sexual conduct with a person under age 15 sometime during October or November in the Town of Batavia on three different occasions. In count eight, Torres-Acevedo is accused of another count of criminal sexual act in the second degree, for allegedly engaging in oral sexual conduct with a person under age 15 sometime between Nov. 25 and 26 in the Town of Batavia. In count nine, the defendant is accused of second-degree kidnapping, a Class B violent felony, for allegedly abducting a person in the Town of Bergen on Nov. 29. In count 10, he is accused of second-degree criminal contempt, a Class A misdemeanor, for intentionally disobeying a court order of protection to stay away from the victim. In count 11, the defendant is indicted for endangering the welfare of a child, a Class A misdemeanor, for acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17. In count 12, Torres-Acevedo is indicted for the crime of first-degree custodial interference, a Class E felony. It is alleged in count 12 that on Nov. 29, the defendant unlawfully took a child from her lawful custodian and removed her from the state. In count 13, he is accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly taking a 2012 Dodge Journey without the owner's consent.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 22 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Marquise L. Lee and Derek E. Wilcox are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on March 27 in the City of Batavia that they knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Christopher L. Burns is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 16 in the Town of Le Roy that he drove a 2014 Fiat on Route 5 while intoxicated. In count two, burns is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, Burns is accused of having been convicted of DWI, as a misdemeanor, on Sept. 24, 2012 in County of Monroe Court and that conviction is within 10 previous to the crimes alleged in the current indictment.

Shah L. Zajic is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 27 in the Town of Le Roy that Zajic drove a 2012 Toyota on Route 19 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Zajic is accused of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 14, 2017, in City of Batavia Court and that conviction is within 10 years of the crimes alleged in the current indictment.

Video: Interview with Nic Ready, Muckdogs player and Air Force Academy grad

By Howard B. Owens
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Nic Ready, who recently graduated from the Air Force Academy in Colorado Springs, where President Donald Trump singled him out and called him up to the stage -- made his professional baseball debut with the Muckdogs on Friday night.

Ready, from Poway, Calif. (San Diego County) is the son of Randy Ready, a former major league player whose career included a stint with the San Diego Padres.

Click here for a game report and video.

Girls Scouts invite K-1 girls and families to attend free 'Daisy for a Day' event June 29

By Billie Owens

Press release:

Girl Scouts of Western New York invites the community to attend its FREE Daisy for a Day events! Girl Scouts is a year-round experience. Girl Scouts develop a strong sense of self, display positive values, seek challenges, and solve problems in their communities.

Girls entering kindergarten and first grade in the fall and their families will discover what it means to be a Girl Scout, how to get involved, and enjoy fun activities from 11 a.m. to 1 p.m. on Saturday, June 29th.

In Genesee County, the Daisy for a Day event will take place at the Dibble Family Center, located at 4120 W. Main Street Road, Batavia.

RSVP at gswny.org or call 1.888.837.6410.

Girl Scouts takes the potential of girls, combines it with robust skill-building programming, and adds caring adult mentors and strong female role models. From building robots, rock climbing at camp, running a cookie business, to service projects at local food banks and animal shelters, a Girl Scout has an exciting array of choices to suit her interests at every age. 

At Girl Scouts, girls get to lead their own adventure and team up with other girls in an all-girl environment to choose the exciting, hands-on activities that interest them most in important skill areas like Science, Technology, Engineering, and Math (STEM), Outdoors, Life Skills, and Entrepreneurship. While a girl may be exposed to these subjects at school and in other places, at Girl Scouts she will experience them in a unique way that puts her on a path to a lifetime of leadership, adventure, and success. 

About Girl Scouts of Western New York

Girl Scouts of Western New York (GSWNY) serves nearly 15,000 girls and 7,000 adult volunteers across the GSWNY jurisdiction, including Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans and Wyoming counties. The council’s administrative service centers are located in Batavia, Buffalo, Jamestown, Lockport, Niagara Falls, and Rochester.

Girl Scouting builds girls of courage, confidence, and character who make the world a better place. Through the Girl Scout Leadership Experience, girls discover their personal best and prepare for a positive future, connect with others in an increasingly diverse world and take action to solve problems and improve their communities.

Batavia's Emily Fischer named to Spring dean's list at the University of Rhode Island

By Billie Owens

KINGSTON, RI -- The University of Rhode Island is pleased to announce the Spring 2019 dean's list. The students represent nearly all of Rhode Island's cities and towns, all six New England states, New York and New Jersey, and many other states and countries.

To be included on the dean's list, full-time students must have completed 12 or more credits for letter grades during a semester and achieved at least a 3.30 quality point average. Part-time students qualify with the accumulation of 12 or more credits for letter grades earning at least a 3.30 quality point average.

Emily Fischer, of Batavia, was named to the dean's list.

The University of Rhode Island's pioneering research extends the University's influence well beyond its coastal borders, while its unique interdisciplinary courses provide its 16,637 undergraduate and graduate students with global opportunities in an intimate environment. In May 2019, more than 3,300 undergraduate and about 700 graduate degrees were awarded. The University now has more than 120,000 alumni worldwide.

Man accused of brutally beating Batavia native to death rejects plea offer, July 22 trial date set

By Billie Owens

About a dozen family members and friends of murder victim Raymond Morgan were in Genesee County Court this afternoon when the man accused of killing him rejected a plea offer, opting instead to take the case to trial and face up to 25 years to life in prison.

Richard D. Hanes (inset photo, right), head shaved, constrained by shackles and wearing orange jail clothes, swiftly entered the courtroom when the side door swung wide open, and was told by a deputy to take a seat next to his attorney, Frederick Rarick.

The 36-year-old former Orleans County resident is accused of beating Morgan to death in his apartment at 111 Liberty St., Batavia, on July 24. He is charged with murder in the second degree, a Class A-1 felony, and has pled not guilty.

Under the plea offer, Hanes faced a minimum of 15 to 20 years in state prison.

Rarick told Judge Charles Zambito that he discussed the plea offer with his client and Hanes rejected it.

Zambito said today was the plea cut-off date and after today the offer would no longer be available and he asked Rarick if his client understood that. Rarick said he did.

Zambito also cited the "severe brutality" exhibited in this case and then set a trial date of Monday, July 22, with jury selection to begin the week before.

With the trial date set and the case dismissed, Morgan's loved ones abruptly stood and left the courtroom, causing a commotion as they did so. A couple of young women shouted out homophobic slurs and one said "Scumbag! Hope you get 25 years to life!"

A deputy quickly followed the group outside, telling them not to shout out.

One woman sobbed uncontrollably outside the courtroom as others tried to comfort her.

Investigators in the case have said the attack on Morgan was "exceptionally violent" and it happened "in an extremely short period of time." The motive, if there was one, was not clear, but detectives say they believe the attack was planned.

Hanes has been in custody since July 26, two days after the murder, on an alleged parole violation. He is being held at the Attica Correctional Facility.

In 2003, he was convicted in Orleans County of burglary, 3rd, attempted robbery, 2nd, and grand larceny, 4th. His parole on those charges expires Dec. 7.

In November, a Batavia police spokesman said Hanes was living at 5 Thorpe St., Batavia, a rooming house for clients of GCASA, at the time of Morgan's murder. (For previous story, click here.)

District Attorney Lawrence Friedman previously told The Batavian that there were witnesses in the area at the time of the murder who identified Hanes as the attacker. He said the people's case also includes scientific evidence, items of physical evidence, and surveillance video from various locations that follow Hane's path after the crime.

Morgan was a 47-year-old Batavia native with a large, tight-knit family that includes five grandchildren and many friends.

Swimsuit models strut in custom swimsuits sewn by local tailor for a Batavia-based company

By Lauren Leone

Above, Jolene Morales, who does tailoring and alterations at Golden Coin Laundry & Dry Cleaning, in addition to sewing custom bathing suits.

Threads of the Batavia community are sewn into the eye-catching swimsuits flaunted on numerous fashion show stages.

The careful hand of Jolene Morales stitches custom swimwear items for models to wear at events as large as the Buffalo Fashion Show, Fashion Week of Rochester and Miami Swim Week.

For about two years, Morales has been a tailor for Golden Coin Laundry & Dry Cleaning in Batavia and a Batavia-based company called Blue Coral Swimwear. Her love of sewing, however, began when she was 10 years old.

“I’ve been doing this so long that this is what I’ve always done," Morales said. "This is my passion. When I’m not here, then I’m sewing at home.” 

Prior to running the tailoring and alterations department at Golden Coin, Morales sewed for PetSmart in Brockport, the P.W. Minor shoe manufacturer in Batavia and a wallet retailer in Nashville, Tenn. Morales has learned how to sew professionally through her work experiences, trial and error and collaborations with designers.

Morales joined Blue Coral Swimwear during her first year at Golden Coin because Callista Gifford-DeHart, the daughter of Golden Coin owner Margaret Gifford, is the founder and designer for Blue Coral. Gifford-DeHart started the company in 2014 in Delray Beach, Fla., and launched her first line the following year. 

Once clients, models and pageant contestants order their personalized swimsuits online, Gifford-DeHart sketches a look and sends the designs to Batavia. Morales then properly sizes the material, delicately cuts the fabric and sews the pieces together. After the labor-intensive two-week process, Gifford ships the finished products to customers nationwide.

“Between doing the bathing suits for [Blue Coral], I also do the regular tailoring," Morales said. "Right now, it’s wedding and prom season, so at one time I had six wedding gowns and five prom dresses."

“When I’m working on the bathing suits, it has to be one-on-one with just them because of the type of material it is. It’s not like working with normal material. It is very slippery, and it’s very high quality.”

The precision and detail of Morales’s tailoring do not go unnoticed. The outfits have received positive feedback from women of all body shapes who express their confidence and body positivity in the swimwear. Customers report “how much they love them, and how comfortable they are,” Gifford said.

Blue Coral launched in 2015 and expects demand for its swimwear to increase, which may lead to an expansion of the sewing department at Golden Coin. Since tailoring is becoming a lost art in Genesee County, Morales thinks it’s worthwhile to educate her children and other students about sewing and alterations.

A key to Morales’s success is that Blue Coral and its customers prefer hand-stitched products to mass-produced, factory manufactured swimwear.

The need for local expertise is the reason Morales is currently tailoring outfits for the 2020 season with the latest materials and threads. She is excited for her new pieces to debut at the Washington, D.C., Swim Week Fashion Show in late July.

To find out more about Blue Coral Swimwear and to shop, click here.

Below, an example of a custom-made swimsuit fashioned by master seamstress Julie Morales by Blue Coral Swimwear.

Bill Pitcher: An umpire for 50 years

By Howard B. Owens
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Bill Pitcher has been an umpire for high school and youth baseball in and around Batavia for 50 years.

Judge shows little leniency for man who admitted to multiple business burglaries in Batavia

By Howard B. Owens
Christopher Sprague

Judge Charles Zambito was in no mood today to give a Batavia man with prior burglary convictions and an admission to a string of burglaries in the City of Batavia late last year much of a break on his sentence in County Court.

Christopher Tyler Sprague, 25, will serve at least three and a half years in state prison and could serve as much as seven, under the terms of his sentence today.

Zambito could have given Sprague up to 15 years in prison but chose not to make his sentences consecutive on his conviction on two counts of third-degree burglary.

Sprague was arrested in January, accused of burglarizing several businesses in Batavia in December.

He also served a stint in state prison on a burglary conviction in 2012 and was arrested on burglary charges in 2016 and served a term in prison on a felony criminal mischief conviction.

Today, Sprague vowed he was ready to turn his life around and asked for a second chance.

"If you can't show me mercy, please do it for my fiancée, my siblings, and my mother," Sprague told Zambito. "Please consider a Willard (rehabilitation) sentence so I can get home as soon as possible and help me get help and get into rehab.

"Your honor," he added, "I'm sincerely ready and willing to change, to change my life around."

Sprague said he had a job on a farm waiting for him once he's out of jail and that he intended to fully compensate his victims.

"I feel horrible for the acts I did and I take full responsibility for what I did," Sprague said.

Zambito said the defendant's criminal record left him unconvinced that he could rely on Sprague to really turn his life around.

"I look at your record and you tell me you've turned a new leaf and you're going to take care of your substance abuse problem but you've already served multiple state sentences for burglary," Zambito said.

Zambito also ordered Sprague to pay restitution, with interest, of $3,897.48, in increments of $100 a month starting 60 days after his release from prison.

Sealed grand jury indictment dismissed after DA reveals stenographer improperly spoke with grand jurors

By Howard B. Owens
       Malik Ayala

For the second time this year, the actions of a stenographer in the Grand Jury room is causing difficulties for District Attorney Lawrence Friedman in the Genesee County Courtroom.

Today, Friedman moved to have what had been a sealed indictment on burglary, trespass, and forgery charges dismissed because a stenographer spoke to grand jurors about the case while the prosecutor was out of the room.

Friedman must now have a new grand jury hear the case against Malik Ayala at a later date.

Ayala was in court today to deal with matters related to his pending case -- criminal possession of stolen property -- and he was also arraigned on these new charges from the sealed indictment.

The counts in the indictment were burglary, 2nd, criminal possession of stolen property, 3rd, and forgery.

Immediately after the charges were read, Friedman made a motion to dismiss the indictment because a court stenographer had jeopardized the integrity of the proceeding. 

Freidman said he had previously informed Public Defender Jerry Ader, who is representing Ayala, that he would move to have the indictment dismissed but with the court's permission to resubmit the case to a grand jury.

He gave Ader a choice -- to present it to the current grand jury, which is the one that heard the case the first time, or waits for a new grand jury to be empaneled.

Ader asked that the case be presented to a new grand jury.

In March, Friedman revealed during another court proceeding that a stenographer had been using an audio recording device on her machine to record grand jury proceedings.

Friedman had another appointment after Ayala's case and was not immediately available for questions, so we don't know if this is the same or a different stenographer.

Ayala was arrested in November along with his brother TeeSean Ayala after the two men were stopped in a car that had pulled into the driveway of County Manager Jay Gsell where they reportedly tried to dispose of a handgun.

During today's proceedings, Judge Charles Zambito told Ayala that he had been informed that Ayala had violated the terms of his release-under-supervision contract. He said that Ayala is accused of testing positive for marijuana and alcohol consumption May 7 and May 14, and for marijuana, cocaine, and alcohol May 28, and that he was arrested on a petit larceny charge June 7.

Zambito had the option to terminate his release under supervision but based on updated reports from Horizon the judge decided it was better to allow Ayala to continue treatment. He warned Ayala that if there are further violations, he would put Ayala in jail and impose bail.

Ayala's status could change when and if a new grand jury indictment is returned.

Three men arrested on drug charges appeared in GC court this morning

By Lauren Leone

The cases of three men arrested on drug charges in Batavia were heard in Genesee County Court this morning.

Jarett Locicero, of West Main Street, Batavia, (inset photo right) has been released on bail under supervision.

Locicero is charged with: criminal sale of a controlled substance, 3rd, a Class B felony; criminal possession of a weapon, 3rd, a Class D violent felony; and two Class A misdemeanors -- criminally using drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th.

He was arrested in May by the Local Drug Enforcement Task Force and is accused of selling fentanyl to a task force agent; and he was allegedly found in possession of an illegal knife, a crack cocaine smoking device and suboxone.

Darius AKA "D" L. Jones (inset photo left) was arraigned and entered a plea of not guilty to charges of criminal possession of a controlled substance in the third degree, a Class B felony; and criminal possession of a controlled substance, 7th, a Class A misdemeanor.

On Feb. 22, the 27-year-old resident of Dewey Avenue, Rochester, was reportedly found in possession of a quantity of fentanyl, crack cocaine and cash at a residence on Hutchins Street, Batavia.

Jones was arrested by the Local Drug Enforcement Task Force and his bail was set at $50,000 bail, which Judge Charles Zambito continued today.

Marquise Lee, of Hobart Street, Rochester, (bottom right inset photo) is charged with criminal possession of a controlled substance, 3rd, a Class B felony; and criminal use of drug paraphernalia, 2nd, a Class B misdemeanor.

At his arraignment, his attorney Marty Anderson said his client pleads not guilty.

On March 27, probation officers allegedly found 56 bags of crack cocaine at a house on Liberty Street, Batavia. Lee was one of five individuals arrested as a result of the investigation.

Lee’s $40,000 bail bond was also continued by Judge Zambito.

Paolo Busti foundation celebrates shared Italian heritage at 35th awards dinner

By Lauren Leone

Pierce Corbelli, winner of the 2019 Paolo Busti Cultural Foundation Scholarship.

To his surprise, the scholarship recipient shared a very similar experience to Outstanding Italian-American Tony Palmer at the 35th Paolo Busti Cultural Foundation Scholarship Awards Dinner Wednesday night.

“I realized I had a deeper connection with someone else sitting in this room … Mr. Palmer, you mentioned your family is from Apuzzi. My grandpa’s family is also from Apuzzi,” said Batavia High School Senior Pierce Corbelli during his acceptance speech.

As he received his award, Corbelli said he, like Palmer, had the pleasure of visiting Apuzzi, Italy, and connecting with his relatives. After his remarks, Corbelli and Palmer shook hands and exchanged congratulations.

The foundation’s dinner at Terry Hills Restaurant, Batavia, celebrated shared Italian-American heritage among Genesee County residents and recognized high school seniors and adults who have embodied Italian-American values through their contributions to the community.

The Paolo Busti Scholarship is given to an Italian-American graduating senior from a local school who has followed the example of pioneering landowner Paolo Busti (Oct. 17, 1749 – July 23, 1824), who was the principal agent of the Holland Land Company from 1800 until his death.

Corbelli was selected among eight candidates, and he will attend the University at Buffalo to pursue a mechanical engineering degree.

The family of Vincent Gautieri also offers a memorial scholarship in honor of Gautieri’s Italian-American legacy. Spencer Misiti (in photo above), of Notre Dame High School, won this award due to his meaningful experiences growing up Italian-American.

Misiti thanked the Paolo Busti Cultural Foundation and his family for their support, and he will attend Canisius College in the fall to study marketing and finance.

This year's Outstanding Italian-American Palmer was honored for his dedication to the community and demonstration of Italian-American principles. Palmer described his Italian grandparents as “the forebears of this heritage” who taught him about his cultural food, family and customs.

“I really think this nomination isn’t about me. It’s about my family,” Palmer said.

Palmer, a Batavia resident, thanked his wife, Margaret, for her role in raising their nine children and supporting their 22 grandchildren and nine great-grandchildren. Palmer expressed gratitude to the foundation for this distinction, and he hopes his Italian traditions will be carried on by his ever-expanding family.

Below, is Tony Palmer, named 2019's Outstanding Italian-American at the 35th Paolo Busti Cultural Foundation Scholarship Awards Dinner.

(Photos courtesy of the Paolo Busti Cultural Foundation.)

Mercy Flight dispatched to accident at Area 51

By Howard B. Owens

A rider was reported unconscious following an ATV accident at Area 51 on Harlow Road and Mercy Flight has been dispatched.

East Pembroke Fire Department is responding.

A first-responder on scene indicated the patient had gained at least some degree of consciousness.

"He's not talking much," he said.

Attorneys in Antwan Odom case bicker in court over statements to reporters

By Howard B. Owens

In the case of the People v. Antwan Odom, the District Attorney wants the defense attorney to shut up -- at least when it comes talking to reporters -- and the defense attorney wants the DA disqualified from the case.

In other words, the case of the People v. Antwan Odom has been reduced to two attorneys squabbling about what happens outside the courtroom.

The attorney vs. attorney dispute dates back to May 3 when Odom's attorney Frank Housh told reporters that he would defend his client by trying to show jurors that the fellow student Odom allegedly stabbed on Ross Street on Aug. 4.

In court on May 3, Housh said he intended to file a motion to get evidence introduced, in order to mount a self-defense claim, that impeached the character of Ray Leach, the local football star Odom allegedly cut with a knife multiple times, so outside of court, reporters asked him to clarify his motion.

"The fact that Ray Leach is known in the community to be a violent person, to be a confrontational person, who confronted (Odom) -- by the prosecution's own admission -- he was the first aggressor," Housh said outside of court on May 3. "He went to my client's house and called him out and beat him into unconsciousness.

"So, under those circumstances, to say, when the prosecution is admitting that he was the first aggressor, to say that his history of violence and intimidation is irrelevant is simply absurd. We should be able to bring that up because it goes to the circumstance of his justification."

District Attorney Lawrence Friedman included the quote in a May 8 filing with the court requesting a gag order on both attorneys in the case.

In court today, Housh also revealed that Friedman filed a grievance against Housh with the state courts for "unprofessional conduct."

"Now I feel there is a parallel prosecution by the elected District Attorney of me and my client," Housh said. 

He said that raises a sufficient conflict of interest that Friedman should be disqualified from continuing as the prosecutor on the case.

That motion was continued until Odom's next court appearance on July 2.

Friedman, according to court discussions today, filed a one-sentence objection to the motion for disqualification.

Today, Friedman complained to Judge Charles Zambito that Housh was trying to get him disqualified from the case for following through on his ethical obligation to file a grievance over what he saw as unprofessional conduct.

Friedman said that as far as he knows nobody is prosecuting Housh and that he is not prosecuting Housh by following his "ethical obligation to report ethical misconduct."

"He says I'm seeking his disbarment," Friedman said. "I'm not seeking his disbarment. I followed through on the ethical obligation I have. All I wish to do is make sure he is able to remain professional and does nothing to violate professional conduct."

In his filing with the court, Friedman asserted that Housh's statements about Leach violated the rules of professional conduct, specifically the rule that prohibits attorneys from making statements could prejudice a jury, including statements relating to the character or credibility of a witness.

In the Order to Show Cause, Zambito ordered Housh and Friedman to show why they shouldn't be barred from "making statements to the media regarding anything involving this case."

The Batavian has filed a memo with Zambito objecting to the order. While judges in criminal cases can restrict what attorneys can say to the media, such orders, according to prior case law, can't be overly broad; can't apply to parties other than the attorneys in the case; and should consider how much time before the trial the statements are made.

In addition, both attorneys can use the jury selection process to identify potential jurors who should be disqualified because media exposure has tainted their view of the case. 

Gag orders can act, courts have found, as a form of prior restraint (the government censoring speech before the speech is made), which violates the First Amendment. 

While cases such as Gentile v. State Bar of Nevada have given courts leeway to restrict speech by attorneys because of their special access to information, in order to issue a gag order, courts have ruled that: a judge must make specific findings; consider less drastic alternatives; and narrowly tailor the order to address identified harm.

(For support of statements about gag orders in this story, see this brief filed by attorneys for the Reporters Committee for Freedom of the Press in another criminal case).

Courts have repeatedly found that a free press is essential to ensure fair trials, as in the 1965 case, Sheppard v. Maxwell.

"A responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field," the Supreme Court said in its ruling. "The press does not simply publish information about trials, but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny.’’

In CBS Inc. vs. Young, a case that vacated a gag order, the court found that the newsgathering rights of a free press extend beyond the courtroom to include access to sources and court documents.

Asked to comment on the gag order by Zambito, an attorney for the Reporters Committee for the Freedom of the Press, Sarah Matthews, provided the following statement:

Although courts may restrict what attorneys can say about a case outside the courtroom, it raises First Amendment concerns when courts issue broad gag orders on attorneys that go beyond what the ethics rules require and actually bar any discussion of a case.

Meanwhile, Housh has shown he's fearful of even being seen nodding in the direction of a member of the press since Zambito issued the Order to Show Cause.

A few days after the order was delivered, a reporter ran into Housh at a local restaurant and Housh made it clear he didn't want to be seen talking to the reporter, and today when that reporter entered the courtroom and gave Housh a friendly wave, Housh shook his head as if to say, "don't even wave at me."

Empire State Development announces investment in Tompkins Metal Finishing

By Billie Owens

Press release:

Empire State Development (ESD) today announced its investment in the continued growth of Tompkins Metal Finishing Inc. located in Batavia, Genesee County.

As part of the industrial plating company’s modernization project, it has installed a state-of-the-art wastewater treatment and recycling system at its Apollo Drive location.

The updated system will reduce water usage by as much at 80 percent. The facility upgrade will allow the company to add another shift, resulting in the creation of up to 10 new jobs; 100 jobs will be retained, 30 of which had been at risk.

Empire State Development President, CEO & Commissioner Howard Zemsky said, “Tompkins Metal Finishing’s decision to continue its expansion in Genesee County reflects the success of our strategic support for growing and revitalizing the Upstate economy, especially by adding jobs and opportunity.”

To help ensure Tompkins Metal Finishing Inc. continued success, ESD is providing the company with up to $150,000 through the Excelsior Jobs Program in exchange for job creation commitments. Tompkins Metal Finishing Inc. is investing $900,000 in the facility upgrade which they expect to be completed by the end of this year.

Tompkins Metal Finishing Inc. President Allen Tompkins said, “Without this tax credit it would have been much more difficult to invest the $900,000 in our state-of-the-art wastewater treatment and water recycling system. This new system and the investment from ESD will allow us to continue our growth in Genesee County and will allow us to recycle our water for years to come.”

Established in 1955, Tompkins Metal Finishing Inc. is operating in a new state-of-the-art 65,000-square-foot facility. In addition to offering its customers high-quality products, Tompkins Metal Finishing Inc. owns a fleet of trucks, allowing them to deliver those products efficiently to customers throughout Western New York. They service clients in the aerospace, communications, transportation, electronics, optical, medical, machine, defense and protype fields.

State Senator Michael H. Ranzenhofer said, “It is always great to see new jobs being created. The investments that the State is making in our community to grow new manufacturing jobs is crucial. I am appreciative of the commitment that Tompkins Metal Finishing Inc. is making to Genesee County.”

State Assemblyman Stephen Hawley said, "Tompkins Metal Finishing has been a hallmark business in our community for many years and I am pleased to witness their further expansion that includes renewed efforts toward improving environmental stewardship.

"The Finger Lakes Region is on the rise, and I commend any company or organization, which creates jobs and contributes to our overall success as Tompkins Metal Finishing has done for many years. I look forward to touring their new state-of-the-art wastewater system and wish them the best of success moving forward.”

City Council President Eugene Jankowski Jr. said, “It’s exciting to see a long-established company like Tompkins Metal Finishing Inc. continue to grow and invest in Batavia. Not only are they creating new jobs they’re also protecting our fragile environment in the process. I commend Tompkins Metal Finishing for their forward thinking and continued commitment to the community!”

Steven G. Hyde, GCEDC President & CEO, said, “The investment being made by Tompkins Metal Finishing demonstrates their commitment to building high-quality industrial plating products, and high-quality careers in Genesee County. This investment reinforces that Governor Cuomo’s strategy and plan to grow manufacturing jobs and capital investments to the Finger Lakes region is working. We want to thank Tompkins Metal Finishing for their continued investment in our community.”

For more information about Tompkins Metal Finishing Inc., click here.

Accelerating Finger Lakes Forward

Today’s announcement complements “Finger Lakes Forward,” the region’s comprehensive blueprint to generate robust economic growth and community development. The State has already invested more than $6.1 billion in the region since 2012 to lay the groundwork for the plan – investing in key industries including photonics, agriculture‎ and food production, and advanced manufacturing.

Today, unemployment is down to the lowest levels since before the Great Recession; personal and corporate income taxes are down; and businesses are choosing places like Rochester, Batavia and Canandaigua as a destination to grow and invest in.

Now, the region is accelerating Finger Lakes Forward with a $500 million State investment through the Upstate Revitalization Initiative, announced by Governor Cuomo in December 2015. The State’s $500 million investment will incentivize private business to invest well over $2.5 billion – and the region’s plan, as submitted, projects up to 8,200 new jobs. More information is available here.

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