batavia

A two-acre parcel of land that's distinguishing feature is an abandoned road that used to lead to a bridge will be sold at auction at the end of this month.

The road used to lead to a bridge that connected South Jackson Street to Creek Road but that bridge was removed in the 1990s and never replaced.

Now, the Department of Transporation, which has owned the parcel since the bridge was built in the 1950s, has decided to sell it as surplus property.

Matt Worth, director of public works said the bridge, which was only 30 years old at the time it was removed, was in poor shape when it was taken out of service.  

It was built when the old railway lines that used to pass through Downtown Batavia were moved further south. The bridge was built over the railroad tracks in what may have been a joint project involving the City, the DOT, and the railroad company that owned the railway at the time. 

As often happens in these sorts of projects, the various agencies wind up owning a piece of the project but only until the project is completed. For some reason, and Worth said he doesn't know why (this was well before his time with the City), the DOT never turned the street over to the City of Batavia for maintenance. 

The two-acre parcel is surrounded by City of Batavia property. It's zoned R-2, which means a two-family residence can be built on the land.

Here's a DOT press release about the auction:

The New York State Department of Transportation today announced it will host a public auction for two parcels of vacant land. The auction will be held on Thursday, May 30, 2019 at the State Office Building located at 1530 Jefferson Road in Henrietta. Registration will begin at 9:30 a.m. and the auction will begin at 10:30 a.m.

To register, bidders must present a certified or bank check for the deposit required on the property for which they intend to bid. The property, deposit and starting bid price are as follows:

Property 891 is 0.53± acres of vacant land located on the north side of Beahan Road near its intersection with Chili Avenue, in the Town of Gates, Monroe County. It is irregular in shape and improved with a snow plow turn-around. Access to the parcel is gained via Brooks Avenue Extension. Bidding will commence at $20,000. The deposit required to bid on this property will be $2,000.

Property 894 is 2± acres of vacant land located along the southern side of South Jackson Street, in the City of Batavia, Genesee County. The parcel is irregular in shape, contains broken pavement and overgrown brush. The parcel does not have physical access to South Jackson Street. Bidding will commence at $7,000. The deposit required to bid on this property will be $700.

Prospective bidders can find more information by visiting our website at http://www.dot.ny.gov/r4surplus or by contacting Jeremy Button at (585) 272-3326.

Below: DOT supplied image of the parcel

Rodney Lee Harmon Jr., 42, of Church Street, Elba, is charged with: vehicular assault in the second degree; driving left of pavement markings; moving from lane unsafely; reckless driving, and driving while ability impaired by drugs. At 3:16 p.m. on April 15, after the investigation of a motor-vehicle crash in which the car struck a house on Oak Orchard Road in Batavia, Harmon was arrested. Harmon and his passenger were allegedly involved in a domestic incident while Harmon was driving a Chevy Cruze southbound on Route 98. The vehicle crossed over the hazard warnings into the northbound lane of travel and exited the highway, crashing into the north side of a house. Harmon was transported to Strong Memorial Hospital and evaluated. He was issued an appearance ticket and is due in Town of Batavia Court on May 27. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy James Stack.

Wesley Thigpen, 38, of Vine Street, Batavia, is charged with first-degree sexual abuse. He was arrested on May 1 after an investigation into an incident that occurred in December on Vine Street in Batavia. He turned himself in upon request, was arraigned in Batavia City Court, then released under supervision of Genesee Justice. He is due in court again at 9 a.m. on Thursday, May 23. The case was investigated by Batavia Police Det. Thad Mart.

Christopher T. Sprague, 25, of West Main Street, Batavia, is charged with two counts of third-degree burglary. He was arrested on May 3 for allegedly attempting to burglarize the Salvation Army Thrift Store at 98 Jackson St. in the City of Batavia on Dec. 23. Also on May 3, he was charged with the same crime for allegedly burglarizing Bill's Auto at 101 Evans St. in Batavia. After his arraignment, he was released on his own recognizance but he is in GC jail on other charges. He is due in Batavia City Court on the burglary charges June 6. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Det. Eric Hill.

Jonathan Wayne Arce, 35, of Wyoming Street, Wyoming, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or higher; moving from lane unsafely. At 7:11 p.m. on May 3 on Francis Road, Bethany, Arce was arrested on these charges. He was issued an appearance ticket and is due in Bethany Town Court on May 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. John Baiocco.

Donald G. Cooper, 35, and Christine A. M. Wark, of School Street, Le Roy, were arrested by Le Roy police on May 3 and each was charged with four counts of endangering the welfare of a child, a Class A misdemeanor. Cooper was also charged with unlawful possession of marijuana, a violation. At about 10:30 p.m. on May 3, Le Roy Police Department received a complaint of two young children sitting on the side of the road on Route 19. When patrols arrived, they located two children, ages 8 and 10. Police were able to identify and locate the parents of the children. It was "discovered that the children were allegedly sent out of the residence to burn off some energy while retrieving a discarded item located on the side of the road approximately a half mile from their residence. During the investigation, an unsecured firearm and bullets for the firearm were located in the residence...in a location that was accessible to both children." Paraphernalia for smoking marijuana was also found in the residence, in a location accessible to both children. As a result of the significant disregard for both children's well-being..." both Cooper and Wark were arrested, without incident. After arraignment in Town of Le Roy Court, the defendants were released under supervision of Genesee Justice. They are due back in Town of Le Roy Court on June 4 to answer the charges.

Steven D. Smires, 23, no permanent address, was arrested on May 2 by the Le Roy Police Department and charged with one count of endangering the welfare of a child, a Class A misdemeanor, and one count of unlawful possession of marijuana, a violation. In the same incident, Leah M. Burrus-Stewart, also no permanent address, was arrested and charged with one count of endangering the welfare of a child. At about 11:30 a.m. on May 2, Le Roy PD received a complaint of a subject smoking marijuana in a vehicle with two small children inside. Upon arrival, patrols found Smires and Burrus-Stewart inside along with a 3-year-old child belonging to Burrus-Stewart and a 9-month-old baby that belonged to the couple. Police also allegedly located marijuana and paraphernalia for smoking it inside the vehicle. It was also discovered that the family did not have housing and had been living in the vehicle. Both adults were arrested without incident and Child Protective Services was contacted to assist with the children's care. The couple was arraigned in Le Roy Town Court and jailed in lieu of $750 bail each. They are due back in Le Roy Town Court on June 4 to answer the charges.

Jennifer L. Shaw, 33, of Bank Street, Batavia, is charged with endangering the welfare of a child. Shaw was arrested at 3:10 p.m. on April 22 on West Main Street in Batavia after an investigation of an incident in which she allegedly left two children unattended in a running vehicle in a parking lot. She was issued an appearance ticket and is due in Batavia City Court on Tuesday, May 7. The case was handled by Batavia Police Officer Felicia DeGroot.

William G. Schultz, 45, of Maple Street, Batavia, is charged with criminal possession of a controlled substance and second-degree criminal use of drug paraphernalia. At 11:15 a.m. Schultz was arrested on Evans Street in Batavia on an unrelated charge. While being searched, he was allegedly found in possession of a controlled substance and drug paraphernalia. He was arraigned in Batavia City Court then jailed in lieu of $2,500 cash bail or bond. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Stanley F. Wenzel, 30, of Hutchins Place, Batavia, is charged with dog running at large. He was arrested on April 26 and is due in city court for arraignment on Tuesday, May 7. It is alleged that on April 7 at 4:28 p.m. a dog that Wenzel was in possession of got loose and attacked another dog on Hutchins Place. Wenzel was issued an appearance ticket. The case was handled by Batavia Police Officer Christopher Lindsay.

Tiesha Deon Doward, 32, of Prune Street, Batavia, was arrested on May 4 on a warrant out of Batavia City Court after police responded to an incident on Prune Street. They executed a bench warrant that was issued after she failed to appear in court April 24 on a petit larceny case from 2018. Doward was given an appearance ticket and is due in city court on Tuesday, May 7. The case was handled by Batavia Police officers Marc Lawrence and Peter Flanagan.

A 16-year-old who lives in Batavia is charged with unlawful possession of marijuana, a violation. The youth was stopped at 12:22 a.m. on April 20 on West Main Street in Batavia for vehicle and traffic violations. During the traffic stop, the youth was allegedly found in possession of marijuana. The youth was arrested and released to a parent and is due in Batavia City Court on Tuesday, May 7. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Peter Flanagan.

Paul W. Zeches, 30, of Oak Street, Batavia, was arrested on April 30 when he responded to Batavia Police Department for an unrelated matter. He had an active arrest warrant out of Batavia City Court for an unspecified incident that occurred on Feb. 28, 2017. He was arraigned, he pled guilty and was released. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Anthony R. Piazza, 28, of Pratt Road, Pembroke, was arrested at 2:15 p.m. on April 30 on a bench warrant out of Batavia City Court. The warrant was issued after he failed to appear in court on a misdemeanor traffic ticket. He was released on his own recognizance and is due in city court May 30. The case was handled by Batavia Police Officer Christopher Lindsay.

A 48-year-old Batavia woman can expect to spend two years in state prison after admitting today in County Court to attempted criminal possession of a weapon in the second degree.

The charge stems from a May 17 incident on Central Avenue when Jennifer K. Urvizu-Hanlon gave her licensed handgun to Samuel Blackshear, now 18, who shot Nathaniel Wilson, who had just stabbed to death 41-year-old Terry J. Toote.

Wilson is serving a 20-to-life prison term on his murder conviction. Blackshear was sentenced to three years in jail.

Urvizu-Hanlon owned La Mexicana grocery store at the time of her arrest.

According to information that came out at Blackshear's sentencing, surveillance video shows a black sedan on Central Avenue sometime before the incident. At one time, the driver got out and retrieved what looked like a handgun from the truck. The car left Central Avenue and returned. It leaves again and reappears just before Wilson shows up on the street. After Wilson stabbed Toote, Blackshear is seen moving toward Wilson, who is turning to leave. Blackshear sees the sedan and walks over to it and is handed the gun by the driver.

Nobody has seen the gun since the shooting, a point of contention at Blackshear's sentencing. It may have been thrown into a creek. 

As a result of the incident, Urvizu-Hanlon lost her pistol permit and as a result of the conviction, she will not be able to obtain another permit.

The term of the plea agreement is that Urvizu-Hanlon will receive a determinate sentence of two years. The length of her parole, one-and-a-half to three years, will be at the discretion of Judge Charles Zambito when she is sentenced at 1:30 p.m., July 12.

If Urvizu-Hanlon had gone to trial on the charge, she would have faced up to seven years in prison.

First Assistant District Attorney Melissa Cianfrini said the two-year prison term is based on her lack of any prior criminal record.

There will be mitigating information that is discussed at the sentencing that Zambito may consider on the length of her post-release supervision.

City of Batavia firefighters responded to West Main Street, Batavia, in front of Tops, this afternoon, after at least three ducklings were seen falling into a storm drain. Three ducklings were rescued.

A garage fire is reported at 64 Union St., Batavia.

When City fire arrived on scene, the commander reported smoke showing.

It's a detached garage.

The third platoon is requested to fire headquarters.

UPDATE 1:19 a.m.: Fire is under control. Starting overhaul.

Genesee Comnunity College hosted its 38th Annual Fashion Show on Saturday evening in the Call Arena.

Hundreds of people turned out to Batavia Downs on Saturday to watch the running of the Kentucky Derby.

Terry Hills hosted the annual Derby Day fundraiser for the Michael Napoleone Memorial Foundation on Saturday.

A memorial for Sgt. Duane Arthur Downey, who died March 18, was held at Elmwood Cemetery this afternoon.

Downey, a former Batavia resident, was active duty in the Army Airborne from 1968 to 1970 and in Vietnam for six months in 1970. He was awarded Bronze Star Medal, Purple Heart Medal, Air Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, M-16 Rifle Sharpshooter Badge.

He earned his Bachelors of Arts degree in Photography from Rochester School of Technology and worked for Kodak and most recently lived in Bethlehem, Ga. 

When Matt Gray and Jon Mager first conceived of FreshLab, the restaurant incubator inside Eli Fish Brewing Company, they envisioned providing a kitchen space for aspiring restaurateurs  who had food service experience, experience in food prep, industry knowledge, and a creative idea they wanted to try on a small scale before moving into launching a restaurant.

That's exactly what FreshLab is getting, Gray told the Batavia Development Corp. board Friday morning, with John and Jill Kratz, who are opening Eat Well Grill in June in the vacant space at FreshLab.

John is the long-time general manager of Bob Evans and Jill works at St. Joseph School but has also been running a food preparation business on the weekends using the kitchen at the YWCA.

Eat Well Grill will provide salads and bowls similar to what Jill has been preparing for her business Commit to Well, with proteins from beef, chicken, and shrimp to go with whole grains, fresh fruits and vegetables.

It's a paleo diet. While it's healthy for everyone, it will be especially good for people with dietary problems, John and Jill deal with in their own family, which is how they got involved with creating the recipes for their dishes in the first place.

"There are a lot of great food options in the community but we think what is missing is something that is nutritionally sustainable," John said. "What we're looking to provide is something in the framework of sustainability."

As much as possible, ingredients will be locally sourced, John said.

Commit to Well has a strong customer base already and the Eat Well Grill will fill a need for those customers by providing meals when they're needed.

"I know a lot of my customers like the meal prep service but sometimes they forget to order and they're calling me at the end of the weekend to see if there is anything left over," Jill said. "They need something at lunch or at the end of the day and they're not thinking ahead because we're all very busy."

A walk-in and order grill is just what those customers need, she said.

John said, and Matt confirmed, demand for meals that fit this nutritional value is a growing trend across the country and in larger urban areas, including Buffalo and Rochester, it's increasingly common.

Examples from the menu: 

• The Greek, a salad with romaine and kale, quinoa, grilled chicken, cucumber, tomato, olives, and feta cheese;
• Caveman Cobb, a salad with romaine and arugula, napa cabbage, cucumber, tomato, corn, red onion, steak, and walnuts;
• Green Goddess, a salad with arugula, spinach, romaine, cucumber, hard-boiled egg, bacon, and grilled chicken;
• Spicy Shrimp, a bowl with rice, napa cabbage, arugula, carrots, tomato, grilled shrimp, sriracha sauce, and green onion;
• Happy Garden, a bowl with rice, romaine, carrots, tomato, cucumber, broccoli, beets, and grilled chicken;
• Good Harvest, a bowl with quinoa, spinach, arugula, beets, red onion, feta cheese, grilled chicken, and walnuts.

Gray said the Eat Well Grill will be a great match at FreshLab with Eden Cafe and provide customers a good alternative to the Eli Fish menu.

The BDC board approved Eat Well Grill for a small business loan for $25,000 from the BDC's revolving loan fund.  

The grill will employ two or three people. John will work at the grill full-time and Jill will continue to work at St. Joe's while running the meal-prep business out of the YWCA kitchen on weekends until the business grows enough to move into a single, larger space.

Photo courtesy FreshLab.

The Harvester Center hosted a Harvester Crawl Thursday evening, a fun way to explore the Harvester Center the world's first business incubator and see what goes on there and meet some of the entrepreneurs who operate there.

The opening scene is a reference to this story.

A two-vehicle accident with injuries is reported on Pearl Street Road, near Hartshorn Road, Town of Batavia. East Pembroke Fire Department is responding along with Mercy medics.

UPDATE 3:40 p.m.: A second Mercy rig is called to the scene.

A defense attorney for Antwan Odom, the Batavia High School athlete accused of cutting Ray Leach with a knife during an apparent argument Aug. 4, will file a motion in advance of a trial later this year that will allow him to call into question Leach's character.

Odom today turned down a plea offer that could have meant no jail time, seemingly on the advice of his attorney, Frank Housh, of Buffalo, because Housh didn't feel there was enough of a guarantee from the court that Odom could be adjudicated a youthful offender and avoid a prison term.

Outside of court, Housh said his client didn't commit a crime, that he acted in self-defense, and that as part of a self-defense claim, he should be able to submit evidence that supports his claim, including the character of the alleged victim.

"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. "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."

Housh may also seek a change of venue. Given Leach's status as a star athlete, one of the most recognized athletes in the region, Housh said he isn't sure an impartial jury could be impaneled in Genesee County.

A change of venue motion isn't certain, Housh said. He will need to research it further.

He said a request for a change of venue is unrelated to a bit of a conflict in court today over the terms of a potential plea agreement and what Judge Charles Zambito's role is in guaranteeing any particular sentencing outcome.

Odom is charged with assault in the first degree, a Class B felony with a minimum sentence of five years in prison and up to 25 years in prison. District Attorney Lawrence Friedman's offer was for Odom to plead guilty to second-degree assault, a Class D felony. The plea, Friedman said, would be unconditional and expose Odom to a potential maximum prison term of seven years.

However, Odom would also then be eligible for a probationary sentence and youthful offender status, which would seal his criminal record.

Housh said in court today that in 25 years of practicing criminal law, including 10 working as a prosecutor, he had never come across a court where he couldn't get a promise from a judge on sentencing perimeters. 

His interpretation of his conversation with Friedman was that he couldn't even ask Zambito to promise probation and youth offender adjudication and that even to discuss the possibility with the judge would violate the terms of the plea offer.

"Never have I seen a scenario where the separation of powers has been so different, whereby the prosecutor decides what sentencing perimaters and what protocols the judge will follow," Housh said. 

Friedman rolled his eyes.

He said Housh was mischaracterizing their conversation and that an unconditional plea offer is just that -- there are no preconditions on sentencing. It would be up to the judge to decide on the day of sentencing what the appropriate sentence should be.

If the judge makes promises about sentencing at the time of the plea then it is no longer an unconditional plea, Friedman said.

"If the defendant wants the range of sentencing with a D felony instead of a B, then take the plea," Friedman said. "If not, then don't take the plea."

Zambito told Housh it is his practice to never promise anything less than the statutory limit. He wants to see the presentence report and hear the arguments of the attorneys before reaching a decision on an appropriate sentence.

"This court has been doing it this way for as long as I can remember," Zambito said. "It's not just me and it's not just Mr. Friedman."

The attorneys then met with Zambito in chambers and then Housh met with his client. When the court reconvened the case, Housh informed the court that his client was rejecting the plea offer and he asked for time, before setting a trial date, to file motions and have those motions heard. He has 30 days to file his motions. A hearing on the motions is set for 2 p.m., July 2.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Photo: File photo of Gosier's arrest.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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