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Dewitt Park

By Susan Kennelly

I go to Dewitt park every morning to walk  I have been walking there twice a day all summer as part of my routine (before and after my knee surgery the end of June) .   I think it's a beautiful park.  Here are a few pics from a recent walk. 

 

My grandson Christopher came for a walk with me friday morning.

Veiw from the path.

another veiw from the path.

Christopher took this sunny veiw from the dock.

Mirror image.

 

Police Beat: Woman reportedly provides false ID after stop for alleged DWI

By Howard B. Owens

Stacy R. Bechtold, 31, of 1429 East Drive, Alden, is charged with DWI and criminal impersonation, along with several other charges after being stopped by Sheriff's deputies at 10:29 p.m. Saturday. Bechtold was reportedly seen driving erratically from Alabama to Maltby Road in Oakfield. When stopped, Bechtold allegedly provided deputies with a fake identity and false birth date. It turns out, she reportedly was driving on a suspended license and an outstanding arrest warrant from Monroe County.  Additional charges: Driving with a BAC of .08 or greater, reckless driving, aggravated unlicensed operation, consumption of alcohol in a motor vehicle, failure to notify DMV of an address change, uninsured vehicle and failure to keep right. Deputies Chris Parker and Brad Mazur investigated the incident. Bechtold was released to the Monroe County Sheriff's Department on the outstanding warrant.

Christopher A. Saddler, 25, of 3 Lydun Drive, Albion, is charged with criminal mischief. Saddler allegedly punched a candy machine inside Tenney Laundry.

Gregory Seppe, 51, of 19 Manhatten Ave., Batavia, is charged with trespass. Seppe allegedly entered the Salvation Army after previously being told he was not allowed on the premises. He was jailed on $500 bail.

Vincent J. T. Dell, 21, of 17 Thorpe St., Batavia, and Nateeka M. Gibson, 20, of 13 Thorpe St., Batavia, are both charged with disorderly conduct for allegedly fighting at 3:07 Saturday morning. Jerell J.T. Jones, 20, of 17 Thorpe St., Batavia, was charged with littering during the same incident. Officers Dan Coffey and Frank Klimjack handled the call.

Vincent Michael Esten, 27, of 10998 Transit Road, Pavilion, is charged with filing a false report with the Sheriff's Office. Esten allegedly reported that another individual had opened a cable television account using his name. After further investigation, the report allegedly turned out to be false. Deputy Joseph Graff investigated the report.

Jody L. Beaumont, 39, of 8557 East Main Road, Le Roy, is charged with DWI and leaving the scene of a property damage accident.  Beaumont reportedly hit some trees on York Road and then allegedly left the scene. He was later located at his residence. He is also charged with a BAC of .08 or greater and moving from a lane unsafely. The accident reportedly occurred at 5:40 a.m., Sunday. Deputies John Weis and Frank Bordanaro investigated the incident.

Patrick S. Waldron, 21, of 1590 Edgewood Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and moving from a lane unsafely. Waldron was reportedly stopped Sunday at 1:15 a.m. at Route 237 and Walkers Corner Road.

Nicholas R. Harig, 19, of 170 Trowbridge Street, Buffalo, is charged with DWI following a traffic stop in Corfu by Officer Edward Caton for allegedly tailgating. Harig was also cited for having an inadequate muffler on his vehicle.

Dustin D. Say, 18, of 1952 Perry Road, North Java, and a 17-year-old companion from Alexander are charged with a felony count of burglary. Say and his companion allegedly entered an unlocked garage in Alexander and stole alcoholic beverages.

Sarah J. Patrick, 19, of Lockport, is charged with DWI. Patrick was stopped by State Police on Route 77 in Pembroke at 9:28 p.m. on Friday.

Chad A. Plante, 25, of Rochester, is charged with DWI, unlicensed operation and driving with a BAC of .08 or greater. Plante was stopped by State Police on Route 77 in Darien at 9:45 p.m. on Friday.

Benjamin P. Greene, 21, of Basom, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in designated lane. Greene was stopped by State Police on Galloway Road in Batavia at 2:31 a.m. on Sunday.

Daniel N. Brown, 36, of Le Roy, is charged with two counts of possession of a forged instrument. Brown was arrested by State Police on West Saile Drive in Batavia. The initial report was taken on June 7.  Brown was released on his own recognizance.

Happy 24th Anniversary to Paul and Bridget Ohlson

By Robin Walters

 

 

Happy 24th Anniversary to the Ohlson’s! Paul and Bridget celebrated their 24th wedding anniversary this Sunday, August 23, 2009. It was a great week-end as their daughter Elisa got married on Saturday. She is now the new Mrs. Dan Wilson.
 
If you have never met this couple, let me tell you they are an awesome couple. Their testimonies of life are unbelievable. The Lord called them into ministry, Care-A-Van ministries was founded in May 2000. Next year they will celebrate 10 years of being in the ministry!
 
Through the 24 years of life together, they have kept pressing on through many trials and tribulations. They raised 2 beautiful daughters Elisa and Rachel.
 
Life has not been easy at all times for them. However, they have the hope of Jesus in their lives and they keep pressing on. They have dedicated their life to going forth and taking the good news to the streets of Batavia. They love upon any hurting soul that the Lord places before them.
 
Congrats to the two of you!

St. Nick's closing its doors

By Brian Hillabush

Saint Nicholas Social Club president Michael Rimmer wrote a letter to the editor in The Daily News in early December saying that he planned on the club remaining open for another 65 years.

But, after many decades of being a meeting place for friends and a place for social groups to gather, St. Nick's will be closing its doors for good on Monday.

Rimmer expressed concern but said the club was trying its best to stay open in a June 5 story on The Batavian. He talked about how the poor economy has hurt many local businesses.

The rumors that have been passed around for many months are finally becoming true, adding yet another sad chapter that is the current state of Batavia.

St. Nick's will stay open for Monday night's Lions Club meeting and then will be shutting down. The Lions have been meeting at the club for many years and are searching for a new meeting place.

Sunday Morning Power Outage?

By Bea McManis

Did anyone lose power this morning?

Also, hearing fire trucks or ambulance on the move.  Any word as to where?

Fire at apartment complex on Maple Street

By Howard B. Owens

There is a house fire at about 19 Maple Street.  City fire crews are on scene.

Smoke began pouring out of the front of the house a little before the first 911 call at 8:14 p.m. and the smoke detectors could be heard throughout the neighborhood.

At one point, the front living room of the multi-unit complex burst into flames, but fire fighters already had a hose in place and quickly doused the flames.

Engine 12 reports fire knocked down and now checking for extensions.

UPDATE: I spoke to a resident of the complex. She said the mother in Apt. #2 was cooking and a pan caught on fire. She tried carrying it outside, dropped it and then tried kicking it. The woman I spoke to, who did not want to be identified, said the woman grabbed her baby and carried her out to the front lawn.  The woman I spoke to then grabbed her broom and tried pushing the pan out the door. Eventually, the two women got the pan out the door.  The baby is OK. The mother reportedly suffered burns on her hands. She and the baby have been transported to the hospital for evaluation.


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Summer in the City in pictures

By Howard B. Owens

Pictured above, Jerry Smith, Jr., Kenneth Griffith, Edward Woods and James Soggs from Batavia Youth Football. They wanted their picture on the home page of The Batavian, so here it is!

Muckdogs Championship Mug & Matt "the Hammer" Hamill of the UFC

By Russ Salway

Fresh off a sweep of the Ironbirds in Aberdeen, the Muckdogs return home to take on State College tonight at 7:05. UFC Fighter Matt "The Hammer" Hamill will sign autographs from  6pm-8pm. The first 500 fans through the gate will receive a Championship Souvenir Travel Mug. Should be a great night! See everyone at Dwyer!

Daily writers garner AP awards

By Howard B. Owens

Congratulations to Scott DeSmit, Tom Rivers and Joanne Beck of the Batavia Daily News for their Associated Press writing awards.

DeSmit won a first place award for three of his columns.

Rivers won three awards. He will receive a second-place award for his columns, a second place for beat reporting, and an honorable mention for his series on farm labor.

Beck receives a second-place award for columns and a third-place for continuing coverage of the city ambulance service issue.

The awards will be presented Sept. 23 in Syracuse.

Fire alarm goes off at Girl Scouts office

By Howard B. Owens

A "general alarm of fire" has been sounded at 5 City Centre, the Girl Scouts of America. City fire crews are responding.

A person at the office tells dispatch that there is nothing showing. Dispatch also reports other alarms sounding in the building.


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Summer in the City about to kick off

By Howard B. Owens

It's a beautiful evening and the vendors are getting all set up, so come on out for Summer in the City in Downtown Batavia.

GCEDC announces progress in filling new med-tech facility

By Howard B. Owens

An organization that specializes in helping under-served rural communities improve medical care has agreed to open offices in the new med-tech center under construction on Steven Hawley Drive, accross the street from GCC.

The Batavia-based Western New York Rural Area Health Education Center (R-AHEC) is a non-profit independent organization that creates community partnerships to educate and place health care professionals in under-served rural areas.

Additionally, UMMC has received a "certificate of need," allowing it to sign a long-term lease at the new facility.

As a not-for-profit community hospital, UMMC is regulated by the state and is required to seek approval for projects involving expansion of services or renovations to its facilities.

The approval will allow UMMC to move its two physical therapy operations into a single, more modern and high-tech space with improved handicapped accessibility.

Suspect arrested in car break-ins on Cedar Street

By Howard B. Owens

Overnight, a witness observed somebody entering parked cars along Cedar Street and called police.

Police officers E.E. Bolles and Frank Klimjack located the suspect on East Avenue and allegedly found him with the fruits of his crime -- items taken from a parked vehicle, including a bottle of prescription medicine.

Charged with petit larceny and possession of a controlled substance was Benjamin Evans, 20, of 11 S. Main St., Batavia.

Evans was arraigned before City Court Judge Michael Del Plato and bound over on $3,000 bail.

The Batavian comments and coverage key part of defense change of venue motion

By Howard B. Owens

A "rural justice attitude" will prevent at least one of the defendants in the June 18 Elba bank robbery from getting a fair trial in Genesee County, according to Batavia defense attorney Thomas Burns.

Burns is defending Matthew J. Wells, who is accused, along with two other men from Buffalo, of robbing the M&T Bank branch in Elba, making off with at least $10,000 in cash, and then leading local law enforcement on a five-hour manhunt (with Wells being the final suspect caught).

In papers filed Thursday, Burns cites extensive media coverage of the robbery and manhunt, with special attention on The Batavian, as part of his change of venue motion.

Comments made by readers on The Batavian, as well as quotes from local law enforcement officials cited in coverage on The Batavian, indicate, according to Burns, that local jurors would be prejudiced against his big city client.

Among the five reader comments Burns includes in his brief is this one by Jeff Allen left the day after the robbery:

"Let's give major kudos to our local law enforcement agencies. The fact is these thugs thought that driving out to a hick town near a Thruway exit would be an easy knock off and escape back to the city. They got a quick introduction to rural justice. The only question that loomed yesterday was who would get them first, the police or a ticked off land owner with a shotgun! Great work everybody (Howard included), you did our area proud!"

Burns also cites quotes from Chief Jerome Brewster of the Genesee County Sheriff's Office and District Attorney Lawrence Friedman in The Batavian suggesting the suspects thought a rural bank might make an easy target.

His change of venue motion rests on three key points:

  • Intense media saturation coverage in a small, rural community with "sensationalized reports" combined with instantaneous and interactive technologies.
  • Lack of racial diversity in Genesee County (only 2.6 percent of the population is African-American).
  • The fact that some 30 to 35 percent of the people living in Genesee County were directly impacted by events that day, primarily because of the BOCES-imposed school lock down.

But it's the news coverage of The Batavian, and the comments on posts, that take up the bulk of the motion by Burns.

The attorney argues that the nature of media has changed, making the case for venue change even more compelling. The last change of venue granted was made by a local appellate court in a 1983 murder case. The trial was moved from Livingston County to Monroe County out of concern for "rural justice" attitudes and local media coverage.

"It is submitted that widespread use of internet news services will require courts to carefully assess the impact of instantaneous news reporting from on-line news services upon small rural counties reacting to high-profile crimes," Burns writes.

"It is reasonable to conclude that the Fourth Department Justices grappling with the Acomb, supra, decision in 1983 would have found the extent of localized publicity significantly increased had that decision been made after 1992, when the internet became widely accessible to the public, and even more so today where internet news sources saturate homes and businesses with instantaneous news of local concern and provide interactive content with subscribers and readers. Of the news services cited herein only the traditional print media and Time Warner services require reader/viewers to pay a fee. 'The Batavian' cited at length in this affirmation is available 24 hours per day without fee. In contrast, in Acomb, it is believed that media resources were exceedingly limited when compared to today's media outlets."

Burns also cites "extensive negative press" following bail review hearings for co-defendants Demone Dillon and Dennis Abrams as the reason he didn't seek bail for his client. Both Dillon and Abrams were offered bail of $250,000 and bond of $500,000 following hearings in which both defense attorneys and the prosecution discussed details of the cases at length. Following both hearings, written and verbal confessions were made available in the public case files. The Batavian reported details of the June 18 events from these sources.

District Attorney Lawrence Friedman said he doesn't believe Burns will win his motion and that it's premature for a change of venue motion because jury selection hasn't even started yet.

"Normally, you wait until you select a jury and then document the difficulty in doing so because of pre-trial exposure," Friedman said.

Friedman, who said he regularly follows local law enforcement cases on The Batavian, said it's rare for media coverage to impact the ability of attorneys to impanel an impartial jury and that it's too soon to say if new media is going to make that job harder.

Burns agreed that it may seem early to file a change of venue motion, but he said court rules compel him to file all of his motions within a certain time frame. In order to preserve the rights of his client, he said, he had to file the motion before today.

On behalf of Wells, Burns filed several other motions Thursday, including one to suppress any statements Wells made after his arrest.

Burns contends that Wells was not read his rights for more than two hours after his arrest. During that time, Burns states, Wells expressed a desire to remain silent and to speak to an attorney, but investigators kept pressing Wells to talk. Wells was arrested at 2:51 p.m., but it wasn't until 5:35 p.m., when a written confession was placed before Wells to sign, that he was read his Miranda rights.

Burns also claims there is a lack of reliable eyewitness testimony to place Wells at the Elba bank. The witnesses can only describe the robbers as black, Burns contends, and cannot positively identify Wells as one of the men inside the bank.

These facts call into question the evidence provided to the Grand Jury that led to the indictment of Wells on the bank robbery charges.

Burns also tipped his hand on a possible defense. Wells, in his defense, will assert "lack of knowledge and understanding of the criminal activity as a result of duress or improper influence by one or both of the co-defendants."

The change of venue motion was filed with the New York Supreme Court, Appellate Division, Fourth Department. The other motions were filed with Judge Robert Noonan in Genesee County. Noonan will hear arguments for the motion at 10:30 a.m. on Sept. 8. There's no word on when the appellate division might issue its ruling.

Previously:

Minor injury reported in Wednesday evening accident

By Howard B. Owens

One person suffered a minor injury in an accident Wednesday at 6:43 p.m. when the driver of one car reportedly tried to make a left-hand turn on to Batavia-Oakfield Townline Road from Route 63.

Lisa M. Pursel, 39, complained of neck pain following the accident and was transported to UMMC.

Pursel, of 222 Liberty St., Batavia,  was driving a 2006 Toyota sedan northbound on Route 63 when she attempted to go around an uninvolved southbound vehicle that was also making a left-hand turn.

It appears Pursel did not observe the oncoming, southbound car of Jason Siverling, 35, of 57 Redfield Parkway, Batavia.

Siverling had his three children, ages 2 to 6, with him in his car at the time of the accident. Neither Siverling nor any of the children reported any injuries.

The accident was investigated by Deputy Chris Parker.

Summer in the City set to sizzle this weekend

By Billie Owens

There's something about throwing a pie in somebody's face that's just funny. Always has been, always will be. Same can be said of watching someone full grown and fully dressed suddenly drop into a tank of cold water against his will.

The latter is but one bit of fun in store for people who go to the fifth annual Summer in the City festival this Friday and Saturday. Food, drink, rides, music, crafts and more will be plentiful.

Now this business about dunking isn't free, although the festival is, of course. You must pay to get a chance to hit the thingamajig that, successfully done, pulls the whatnot and plunks politicians and the like into the aquasphere.

This mildly twisted amusement takes place in front of the Girl Scout Building on Main Street from 3 to 8 p.m. Saturday. The fine, upstanding stooges have volunteered their time for specific half-hours, so if you've got a grudge or a sense of mischief you might want to consider this option. You may not get another chance.

Plus, the money will go to buy supplies to build wood cook stoves for mountain folk in the Domincan Republic. They could sure use the stoves, according to Tim Rimmer, who along with Jon Rimmer is getting creative in ways to raise money for their cause as part of service to the Peace Corps.

Here are the dunkables:
3:00 – Bill Cox
3:30 – Mike Rimmer
4:00 – Steve Carr
4:30 – Cory Richenberg
5:00 – Ted Hawley
5:30 – Jay Gsell
6:00 – Hollis Upson
6:30 – Owen Gould
7:00 – Steve Hawley

Friday's festival runs from 5 to 9 p.m. and on Saturday from noon 'til 9 p.m. Entertainment will be provided by: McMahon Irish School of Dance; The Double Image Band; Ghost Riders; and Joey T & The Formula.

Children's activities include “I’ve Got Rhythm” KidsZone in Jackson Square. Plus, “Fun For Everyone Shows” will be returning with carnival rides and games in Jackson Street Parking Lot.

On Saturday, the Super Car Cruise is scheduled with over 450 vehicles of all types.

This event is sponsored by the Batavia Business Improvement District Summer in the City Committee.

For more information about “Summer in the City” Festival visit the B.I.D. website at www.downtownbataviany.com or call the following: B.I.D. at 585-344-0900 or Jeffrey Gillard at 737-3484 for more details.

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