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Jackson Square Concert Series kicks off Friday with St. Joe's Brass Ensemble

By Billie Owens

Press release:

Starting this Friday, July 1st, the Jackson Square Concert Series is set to begin with St. Joe’s of Batavia Brass Ensemble as a celebration of their 85th Reunion. Concerts are in Jackson Square every Friday through August from 7-9 p.m. If you’d like to attend, be sure to bring a chair to relax or bring your dancing feet for some great fun Downtown.

Bands are booked by the BID Executive Director Laurie Oltramari. Many people ask how bands are chosen. Price and sponsorship are always factors. However, last year, the new director had a table at every concert to ask people what bands they like and if they wanted any new. She asked on the radio, walked around to several businesses, asked her board members, and asked on Facebook. And of course, bands contact her at the beginning of the year to see who will be chosen. Bands were booked based on price, availability, genre, and returning bands vs. new bands.

“I tried to mix it up, and of course, you cannot please everyone," she said. "We are especially grateful for M&T Bank as always being the title sponsor to bring such a wonderful event Downtown.” 

The lineup for this year:

Friday, July 1st -- St. Joe's of Batavia Brass Ensemble (85th Reunion)
Friday, July 8th -- Fat City (Soft Rock)
Friday, July 15th -- Ghost Riders (Country)
Friday, July 22nd -- Universal Mind (Rock)
Friday, July 29th -- The Fibs (Rock/Reggae/Funk)
Friday, Aug. 5th -- Stone Row (Celtic Rock)
Friday, Aug.12th -- Midnight Cruisers (Rock)
Friday, Aug. 19th -- It's My Party ('50s and '60s)
Friday, Aug. 26th -- Josie Waverly Band (Country)

For any questions or concerns, please contact Laurie Oltramari at (585) 344-0900 or email LOltramari@DowntownBataviaNY.com.

Car strikes house on Main Street Road

By Billie Owens

A vehicle has reportedly struck a house 5049 Main Street Road, Batavia. Town of Batavia fire and Mercy medics are responding.

UPDATE 2:31 p.m.: A man who was in the parking lot of the Town & Country restaurant told responders he put the car in gear to leave the parking lot and the accelerator stuck, sending the vehicle careening into the corner of the house on the adjacent lot. He was not seriously injured and medics transported him to UMMC for evaluation.

Paintings at Richmond capture artist's unforgettable trip to Alaska

By Howard B. Owens

When Marilynn Palotti, a retired art teacher, traveled to Alaska two years ago, she had no idea it would unleash a flurry of creativity when she returned, but it did. She's painted dozens of pictures capturing what she saw and experienced while on the trip.

Speaking even now about the trip, she's still filled with wonder.

"It’s such a unique place," Palotti said. "It’s so isolated in places. The people are so fiercely independent, yet are so willing to help each other. It’s very hard to describe to someone else what Alaska is, all its idiosyncrasy. It has only 12,000 miles of paved roads and it has millions upon millions of acres of national parks and refuges that are so isolated that you can’t get into them except by flying."

Palotti's show is on display now at the Richmond Memorial Library. The show runs through July and the opening is Thursday, July 7th from 6 to 9 p.m.

BHS 2016 grads challenged to enter life to do right and make a difference

By Howard B. Owens

A graduating class of 164 students received their diplomas from Batavia High School yesterday in a ceremony held at Genesee Community College.

Superintendent Chris Dailey said 74 percent of the class is pursuing higher education, including 41 going directly to four-year schools, 80 to community colleges and 31 students are entering the workforce already with jobs, plus seven students are going into the military.

"That is college and career ready," Dailey said.

Of the 164 graduates, 142 are receiving regents diplomas.

"For a small city school, that's outstanding," Dailey said. "We'll put that up against anywhere else in New York State."

Burton Howell, a science teacher at BHS for 28 years, delivered the keynote speech, emphasizing the tough love students got as they made their way through their educational  journey.  Starting on Sunday, they are no longer subject to the rules and discipline of school, but the rules and laws of society, subject to due process.  It's up to them, he said, to make the right decisions through the rest of their lives. He spoke about Heisenberg's Uncertainty Principle. You can know an object's position, or you can know it's velocity and direction. If you know an object's position, you don't know where it's going or how fast.  He told the students that we know where you are now, but we don't know where you're going.  That's up to each student to decide.

Valedictorian Alexis Vasciannie noted that the Class of 2016 was an accomplished class, with success in academics, the arts and athletics. She challenged students to enter life now and find their own paths to success.

Salutatorian Ross Chua closed his speech by singing an original song. Chua, named Mr. Batavia earlier in the year, also participated in the Genesee Symphony Orchestra's performance of his own composition; he plans to attend Syracuse University. His goal is write a symphony that will be performed by a major, world-renowned symphony, or write the scores for major motion pictures. These are big dreams, he confessed, but he would be equally happy if someday he owned a music store, because there he might sell a first instrument to a future top-40 recording artist or the shoes to a future prima ballerina. Those accomplishments would change the world. He reminded his fellow graduates that even the small things they do in life will have a big impact on the world. They should go out and try to make a difference. 

Chua received the Quincy Jones Award for his musical accomplishments at the school. Awards and scholarships were handed out to more than a dozen students.

Kayla Burns receives her diploma from Dailey.

Malachi Chenault is congratulated after receiving his diploma. 

Zach Lee celebrates graduation while waiting his turn to receive his diploma. 

To purchase prints, click here.

Photo: Scout leader earns his stripes at car wash

By Howard B. Owens

Doug Danizewski wears a zebra mask today while trying to drum up business on East Main Street for a car wash at Batavia's Original to benefit Boy Scout Troop 6069.

It was indeed hot in that mask, Danizewski said.

Photos: Fishing Derby at DeWitt

By Howard B. Owens

Bell Barone (pictured below) was among the dozens of kids who turned out today for the annual Fishing Derby at DeWitt Recreation Area sponsored by the Oakfield-Alabama Lions Club.

Collectors snap up rare buttons at local auction

By Howard B. Owens

People traveled from as far away as California to be in Batavia today for a button auction at the Days Inn on Noonan Drive.

It's that way twice a year, said Margeret McBride, when Page Auctions hosts the event in Batavia. 

"People come from all over," she said.

It is as much about the buttons, which can sell, typically, from $10 to more than $1,000, McBride said, as it is about being social and seeing friends you've made through button collection conventions and auctions.

Page Auctions is based in Batavia, and McBride's husband, Phil, is the auctioneer and their daughter, Whitney McBride Carlson, helps run the business. Page Auctions was founded locally in 1895.

People who collect buttons love buttons, even if the collections can sometimes grow larger than they ever imagined.

"A lot people have said to me they collect buttons because they’re small," McBride said. "I’ve heard that over and over again. People who are collectors, who like to collect things and actually possess them, only have so much room and a lot of people say, ‘I started collecting buttons because I thought they were small,' and then they find out that roomfuls happen. They collect roomfuls of buttons. They put them on cards and hang them on the wall. They display them and sometimes they wear them in jewelry or sew them on, but for the most part, they’re coveted for their artwork."

Besides the aethetics of buttons, they also have a strong historical interest, especially for those who collect military buttons.

The most expensive button McBride remembers is a Civil War uniform button that sold for more than $17,000.

Mother and daughter feel blessed to move into new Habitat home

By Howard B. Owens

Today, Habitat for Humanity dedicated the new home on Oak Street of Sheila and Jada Rolle.

Sheila expressed her gratitude for the staff and volunteers who helped them with a beautiful home.

"There’s so much love and peace and the angels all around because everyone who took part in this project blessed us so much, and I thank all of you for the love that you’ve shown us and you have given us," Sheila said.

Previously:

Law and Order: Three people arrested after allegedly trespassing on private property on Lake Street Road, Le Roy

By Billie Owens

Brendan Gregory Klish, 20, of Big Tree Street, Livonia, is charged with trespassing. He was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. He was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

Nora Jane Barnhart, 18, of Rochester Road, Lakeville, is charged with trespassing. She was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. She was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

A 17-year-old of Rochester Road in Lakeville is charged with trespassing. The youth was arrested at 8:43 p.m. on June 23 for allegedly being located on posted private property on Lake Street Road in Le Roy. The defendant was issued an appearance ticket returnable to Town of Le Roy Court on July 18. The case was handled by Sheriff's Deputy Ryan DeLong.

Zachary David Lloyd Duigan, 21, of Pringle Avenue, Batavia is charged with petit larceny. Following the investigation of a shoplifting complaint on June 20, Duigan was arrested for allegedly stealing a flat-screen TV from a department store on Veterans Memorial Drive. He was released with an appearance ticket for Town of Batavia Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

James Michael Dixon, 25, of North Spruce Street, Batavia, is charged with petit larceny. Following the investigation of a shoplifting complaint at 8:22 p.m. on June 22, Dixon was arrested for allegedly stealing from a department store on Veterans Memorial Drive. He was released with an appearance ticket for Town of Batavia Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

Progressive Jackpot of $ 110,387.32 won at Batavia Downs Gaming

By Billie Owens

Press release:

A player from Rochester is $ 110,387.32 richer after hitting the top jackpot on the Multi-Track Blazing 7’s Hot Shot progressive machine at Batavia Downs Gaming on Thursday night.

“We’ve very excited to have the jackpot hit at our place,” said Ryan Hasenauer, director of Marketing. “It’s the largest jackpot hit at our facility since last July’s $172,000 win.”

The Hot Shots machines, located at all nine New York gaming facilities, are linked so that as customers play those specific machines, the jackpot climbs until it is won. This particular jackpot was hit within a bonus game.

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Regional OTB is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 27 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western OTB has generated over $225 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

Police hold hydraulic equipment believed lost from the truck transporting it

By Howard B. Owens

If you lost a large hydraulic piece of machinery within the past 24 hours, please call Batavia PD.

Such a piece of machinery was found on Liberty Street near School Street and is believed to have fallen off a truck.

The equipment is described as "newer." 

To stake your claim, call Officer Marc Lawrence at (585) 345-6350.

Jack, a Jack Russell terrier, is missing

By Howard B. Owens

This is Jack. Jack is a brown and white Jack Russell terrier. Jack is missing.

He recently had medical treatment for an injury on his neck. He has a staple in his neck, so he wasn't wearing his collar when he went missing Wednesday. He also has two staples in his paw.

Jack is missing from the area of Oak Street and Montclair Avenue in Batavia.

If you can help, call Nathan Stoll at (585) 749-8525 or (585) 356-2965.

Photos: Water rescue training at DeWitt

By Howard B. Owens

Information and photos submitted by Glenn Adams.

Yesterday morning, City fire along with a group of volunteers from other departments in the county, participated in water rescue training at DeWitt Recreation Area in Batavia.

The boat and motor and gear were purchased with a grant from Homeland Security.

The first two shots include Ryan Hendershott of the Bethany department and DJ Pollock.

CORRECTION: Only members of City fire participated. Hendershott is a city firefighter and a Bethany volunteer.

Batavia City Schools will likely get grant money from Smart Schools program later this year

By Howard B. Owens

There is an allocation of $2.1 million available for Batavia City Schools for technology upgrades, according to a state official who contacted The Batavian on Thursday about a previous story on local Smart Schools grants.

"As soon as the district is ready to submit a plan, the money is their for them," said Morris Peters, public information officer for New York State Division of the Budget.

Superintendent Chris Dailey confirmed the district intends to file a plan in the fall.

"There is no time limit on the money so it does not need to be spent immediately," Dailey said. "We plan to use the remainder to replace devices down the road (2-3 years) as part of our replacement cycle."

The district didn't receive an allocation as part of grant announcements in May, and Dailey said previously, the district decided not to file its plan prior to the June allocation deadline.

Instead, the district used current available funds for its immediate purchases, and made those purchases through BOCES.

Peters said the state had asked the city school district to make changes to its May plan submission, which is why there wasn't an allocation of grant money at that time.

CLARIFICATIONS: We need to include the fact that the district will be upgrading the security camera systems by the fall.

The district submitted its first plan March 29. Corrections were requested April 4 and submitted that same time. This district did not receive funding in May and a minor correction was requested for the next funding round in June. At that time, the district decided to go forward with its own funding and BOCES because the state committee would not meet in time for the district to move forward and meet its own Sept. 1 deadline for implementation.

"If they had met in late April/early May, we would have been OK for ordering," Dailey said. "They did not meet until after our last available date to meet our needs for the fall." 

Mark Your Calendar: Annual Safe Summer Children's Carnival at Falleti Ice Arena is July 28

By Billie Owens

The Genesee County AmeriCorps Program, in collaboration with the Genesee County and Batavia Youth bureaus, is planning the annual Safe Summer Children’s Carnival.

It is open to the public and will take place on Thursday, July 28, from 10:15 a.m. until 2 p.m. at Falleti Ice Arena, 22 Evans St., in Batavia. One dollar buys a ticket to play 10 games, and children can win “funny money” to redeem for prizes.

Entertainment by “Charlie and Checkers” is scheduled from 10:15-11 a.m. and the games will run from 11 a.m. to 2 p.m. with a 30-minute lunch break. Folks from the community should plan to bring a bagged lunch or plan to leave for lunch.

There will also be several community agency booths. There will be a grand prize which consists of two Darien Lake Theme Park Admission Tickets that can be won by visiting the booths.

For more information on the carnival please contact, Cara at the Genesee County Youth Bureau at 344-3960.

REVISED: Paving of South Main Street to begin Monday

By Billie Owens

REVISED press release from the City's Bureau of Maintenance:

Please be aware that all motorists using South Main Street within the City of Batavia from Oak Street Extension west to the City Line will experience road closures on Monday, June 27 and Tuesday, June 28, between the hours of 7 a.m. to 7 p.m.

Roadwork involving the paving of the roadway will begin on the east end and progress west to River Street.

Roadwork involving the paving of the roadway will begin on the west end and progress east to Dewey Avenue. Upon completion of this segment, the portion of South Main Street between Dewey Avenue and the roundabout will follow.

Upon completion of this segment, the portion of South Main Street between River Street and west city line will follow. It is anticipated it will take two days to complete this work.

While work is being performed in these areas, the roadway will be closed to all through traffic. Local traffic will be permitted to and from their residence/ property but should plan accordingly for delays.

All residents within the work area are asked not to park on the roadway during the day.

This is weather dependent work.  If work is postponed it shall progress next work day.

Please, plan accordingly and contact the Bureau of Maintenance with any questions.

Thank you for your cooperation in advance.

Grand Jury: Man indicted for bail jumping for allegedly skipping 2012 court date on felony charge

By Billie Owens

Guadalupe Hernandez (AKA Guadalupe Hernandez II, AKA Guadalupe Hernandez III) is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Hernandez, having been released from custody or allowed to remain at liberty by order of the Genesee County Court, either upon bail or upon his own recognizance, on the condition that he was subsequently appear in connection with a felony charge against him, did not appear personally on the required date of Feb. 14, 2012, or voluntarily within 30 days thereafter.

Shentelle C. Gagnon is indicted for petit larceny, a Class A misdemeanor. Gagnon is accused of stealing property from Walmart in Batavia on Jan. 23. In count two, she is accused of promoting prison contraband in the first degree, a Class D felony. On Jan. 23, she allegedly knowlingly and unlawfully introduced dangerous contraband into a detention facility -- the Genesee County Jail. In count three, Gagnon is accused of fourth-degree grand larceny, a Class E felony. It is alleged that on April 24, she stole property witha value in excess of $1,000 from Walmart in Batavia. In count four, Gagnon is accused of another count of petit larceny. It is alleged that on April 25, she stole property from Walmart in Batavia. In count five, she is accused of a third count of petit larceny, for allegedly stealing property from Walmart in Batavia on April 30.

Donald R. Rock is indicted for driving while intoxicated, as a Class E felony. On March 5, in the Town of Batavia, is is alleged that Rock drove a 2004 Chevrolet on Kelsey Road while intoxicated. In count two, he is accused of driving while intoxicated per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In Special Informatiopn filed with the indictment by District Attorney Lawrence Friedman, Rock is accused of having been convicted of felony driving while intoxicated on Aug. 23, 2007, in Genesee County Court, which is within 10 years of the crimes alleged in this indictment.

Law and Order: Clifton Avenue woman arrested for allegedly having crack pipe in purse while at jail

By Billie Owens

Alissa Ashley Fodge, 26, of Clifton Avenue, Batavia, is charged with first-degree introduction of dangerous contraband into prison, a Class D felony. At 3:20 p.m. on June 22, Fodge was arrested for allegedly promoting prison contraband. Correction Officer Jenna Barber allegedly found a crack pipe in Fodge's purse while Fodge was being processed into the jail. She was arraigned in Batavia Town Court and jailed on $2,500 bail. Fodge is due in Batavia City Court on June 29. The case was handled by Sheriff's Deputy Kevin Forsyth.

Laverne Denicco Brown, 43, of Albert Drive, Rochester, is charged with aggravated unlicensed operation in the first degree, a Class E felony, unlicensed operator, driver's view obstructed and obstructed plate. At 11:08 a.m. on June 21, Brown was stopped on Route 77 in the Town of Pembroke for vehicle and traffic violations. Her driver's license was found to be revoked and she had 22 scoffs/suspensions and 19 suspensions on 10 dates. She was arrested and released and is due in Town of Pembroke Court on July 12. The case was handled by Sheriff's Deputy Patrick Reeves.

Jason Fredrick Cecchini, 41, of Fruit Avenue, Medina, is charged with unlawful possession of marijuana, driver's view obstructed, and obstructed/covered plate. He was stopped at 1:17 p.m. on June 21 on Route 77 in the Town of Pembroke for vehicle and traffic violations. Cecchini was subsequently allegedly found to be in possession of marijuana. The defendant was issued a traffic summons and an appearance ticket for July 14 in Town of Pembroke Court. The case was handled by Sheriff's Deputy Patrick Reeves.

Shelly Marie Dutton, 44, of Pringle Avenue, Batavia, is charged with petit larceny. She was arrested at 5:51 p.m. on June 22 following a shoplifting complaint alleging that she stole a tool from a department store on Veterans Memorial Drive in Batavia. She was released with an appearance ticket for Batavia Town Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

Zachary David Lloyd Duigan, 21, of Pringle Avenue, Batavia, is charged with petit larceny. He was arrested at 5:51 p.m. on June 22 following a shoplifting complaint alleging that he stole a tool from a department store on Veterans Memorial Drive in Batavia. He was released with an appearance ticket for Batavia Town Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

Charlene Mess showed no remorse during sentencing for murder of her husband

By Julia Ferrini

Charlene Mess was sentenced today to 25 years in prison for the death of her husband Douglas Mess. The sentence was handed down in Wyoming County Court this morning, 14 months after Doug’s body was found stabbed, shot and buried in a manure pile on the farm the couple owned and worked in Attica.

On April 21, 2015, Charlene was charged with: murder in the second degree, a Class A felony; criminal use of a firearm in the first degree, a Class B felony; assault in the first degree, a Class B felony; assault in the second degree, a Class D felony; tampering with physical evidence, a Class E felony; offering a false instrument for filing in the first degree, a Class E felony; and making a punishable false written statement, a Class A misdemeanor.

On April 28, she pled guilty to manslaughter in the first degree.

Charlene stood, with the help of Assistant Public Defender Greg Kilburn, when asked if she would like to speak before the judge imposed her sentence.

She stood mute.

District Attorney Donald O’Geen reflected on the point, saying that that “reflects the nature of her mind.”

“In a murder case, you don’t ever expect anyone to not at least have remorse, or show some sort of compassion,” O’Geen said. “She refuses to acknowledge what she did. She couldn’t even say she was sorry to the family.”

“You admitted to killing Douglas Mess, the father of your three children,” said Judge Michael Mohun during sentencing. “You caused his death with a gunshot wound to the head. You took him, trussed by rope, to a manure pile and buried him. Law enforcement was told you had no knowledge of his whereabouts...The death of Douglas Mess resonates with the community...with the children that lost their father. The court sentences you to 25 years in prison with five years post-release supervision for the death of Douglas Mess.”

Her face bore an expressionless mask, which a curtain of lomg white hair partially obscured. She walked in with shackles secured around her ankles tethered by chains to the handcuffs around her wrists. In the rows of seats behind her, the hushed murmurs of family and friends of Doug rippled throughout the courtroom in tense anticipation. 

Those affected by the death of the 52-year-old farmer were given an opportunity to address the court prior to sentencing. Laura Scott, Douglas’s older sister, took to the podium.

“The day I got the call, my gut instinct was ‘What did she do?’ But I told myself not to jump to conclusions,” Scott said. “Doug was a good man, a good-hearted and easy-going person. He wouldn’t hurt anyone, especially his sons. It’s been a rough year. They lost their father to a murder and the most difficult part was that their mother did it.

“You had an opportunity to save Doug’s life after you hit him with the pitchfork. You didn’t have to shoot him.”

Scott went on to tell the court about Charlene’s “fits of rage” and “viciousness” toward her sons. 

“I have heard more about the abuse you inflicted on my brother after his murder. Doug would never hit you. Your upbringing made you into the hateful monster that you are. You have no guilt to what you have done. It is horrifying what you’ve done. My brother said you were unfaithful and you had the nerve to be mad?

“I miss my brother’s humor...his bear hugs. I wish he told me, his big sister, the pain that was going on in his life. You are a danger to your sons. I wish you were locked away forever. I ask that you (the court) impose the maximum sentence.”

Thomas Stroud, a good friend to Doug, spoke next.

“The question that has haunted me for the past year is why? Why was it necessary to take his life? Why take a father, brother, uncle, coworker, neighbor...a dear and loyal friend? He gave some much of himself to others. You took so much from so many. Only Charlene and God really knows what happened that night in the barn, everyone else is left with the results, and the boys are left with the financial and emotional impact put on (them) by their own mother.

“Doug’s murder affected both the family and the community,” Stroud said. “Someday Charlene will stand before another judge and she will have to ask God for His mercy and grace. She needs to ask for forgiveness.”

Charlene sat at the defense table with her head hung down, silent, blank, seemingly showing no impact of what Stroud and Scott had to say.

“She definitely loved her animals, so much so that she killed her husband,” O’Geen said. “Shortly before his death, Doug was looking into filing for divorce. He was sick of her alcoholism, her abuse, her lack of help on the farm. The divorce would have caused her to lose her animals and she couldn’t take that.”

The DA went on to outline the events of the evening of April 19, 2015:

Charlene Mess struck Doug three times in the chest with a pitchfork. All of his injuries were incurred while he was alive. She wasn’t in any danger. After he was knocked unconscious, she went to the house, got her gun, put bullets in the gun, went back out into the barn, placed the gun to the back of Doug’s head and shot him. 

She then bound his hands and tied his feet together, she dragged him out of the barn with one of their tractors. She then moved the body with a skidster to the manure pile and buried him. She knew that manure would decompose a body quick. She wanted him to decompose quick so no one would find him. After burying him, she continued on with her chores. Next, she created and fostered a missing persons story.

She went to bed, got up the next day and went about her chores. 

Their son Doug called 9-1-1 April 20 to report his father missing after he failed to show up for work. 

At the same moment she was being interviewed by State Troopers, the whole family was worried about Doug. She was telling the troopers....she said Doug had received a call from his employer Baskin’s Livestock (April 19), left the house and got back around 5 p.m.. She said she was doing her chores and thought Doug was in the lower barn. She went into the house to do some work, came back out to continue milking then went to bed. She had said Doug had not gotten home yet. 

She got up the next morning (April 20) and went about her day. She let the ruse play out for hours while everyone was out looking for him. She didn’t think anyone would find him. He was found – dead, buried in a pile of manure.

“Her behavior from the beginning has been a complete acting job,” O’Geen said. “She faked the childlike behavior. She faked the shaking. She faked it when she was interviewed by two different psychologists. In the probation report, it states that the act was calculated and planned and recommended the maximum sentence of 25 years. The defendant had difficulty putting animals down, yet she had no issue with taking a human life. The District Attorney’s Office asked for a 25-year sentence for the cold, calculated killing of Douglas Mess.”

Defense Attorney Public Defender Greg Killburn asked the court to look at the whole of Charlene’s life. 

“She has worked hard all her life. She’s a law-abiding, hard-working woman. But below the surface there was tension building. Months before the incident she told her doctor that she felt like she was going to explode. The evidence doesn’t show that it (the murder) was planned...that day, the pressure just exploded. We ask that you impose a sentence that represents her life as a whole and ask for the court’s mercy.”

When Mohun handed down the sentence he offered no mercy. An audible sound of gratitude emanated from the courtroom. He told Charlene she took away “a father, a brother, friend and a community member.”

“The sentence was what we had hoped for,” O’Geen said. “It was a horrific crime. Charlene went through extensive measures to hide the body intentionally to get rid of it quickly. When he couldn’t defend himself, she got the gun. The coroner’s report states that the gun was in close contact with his head. She claimed it happened because Doug grabbed her. There was no evidence to suggest violence from him.

"Yes, they may have argued about her alcoholism and not doing her job, but there is nothing to suggest that Doug was violent toward Charlene. The evidence shows that he was abused by her. He wanted out of an abusive relationship. Based on the evidence, the one constant was with animals. It’s interesting that animals were more important than a human life.”

See related: Charlene Mess admits to killing her husband Douglas Mess

UPDATE 7:20 p.m.: In a statement released by the DA's Office, O'Geen said, "I want to thank the members of the New York State Police, especially the major crime unit, for leading this investigation; along with assistance from members of the Wyoming County Sheriff’s Office, the Attica Fire Department, Wyoming County Emergency Management, the Coroner’s Office and the many others who helped bring the Mess family justice in this case. 

"In cases like this, collaboration of resources and cross-agency cooperation is key to the final result. This sentence will not bring Doug back to his family but at least it will keep his killer away from society for a very long time. The family will now go forward remembering Doug as a hardworking, gentle and kind man who was always there for his family and community. I wish them all strength during this difficult time.” 

BID opposes move by city impose new rules on its operations

By Howard B. Owens

Members of the Batavia Improvement District were informed yesterday in a memo from Executive Director Laurie Oltramari, that the BID Board of Directors has voted to oppose a plan to change the rules for how the BID operates.

City Manager Jason Molino has proposed to City Council that the city adopt a district plan for the BID, which in the past has been drafted by the BID board and then approved by the council, and require that BID comply with the state's Freedom of Information Law and Open Meetings Law.

Oltramari said the BID has already turned in a budget for 2016 that is compliant with the state's General Municipal Law.  

The whole issue of the BID's budget is what precipitated the city's recent actions, but Oltramari told BID members that it was the responsibility of the city manager to ensure property owners in the Downtown tax district were charged the appropriate tax rate, not the BID's.

"The City wants to implement compliance of the debt limits within the General Municipal Law, something that has been known to the City Manager for several years," Oltramari said in her memo to members. "In addition, the City levied the 2016 assessment knowing that there was a compliance issue, collected the BID assessment, and is retained the funds without any authority to withhold funds that are due and owing to the BID."

BID members are people who either own property in the Downtown district or operate businesses in the district.

Oltramari invited BID members to visit her office at 200 E. Main St., Batavia, on Monday between 10 a.m. and 2 p.m. to discuss these issues, or to make an appointment with her for a conversation.

The City Council will hold a public hearing on the city's proposed changes at 7 p.m., Monday.

The proposal would also require the BID to comply with the state's open government law, but Oltramari said director's meetings are already transparent and open for its members.

"The BID board is opposed to the City of Batavia adopting a local law imposing such as it conflicts with state law and our meetings are already open to the BID membership," Oltramari said. "For the City to implement such is creating new law for the City of Batavia, setting new precedent within NY State and discriminating against a not-for-profit corporation."

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