batavia

A Genesee County jury today found a home-care nurse from Bergen guilty of filing false reports with her employer, generating compensation she hadn't earned.

Michele Ann Case, 46, of 7100 N. Bergen Road, Bergen, was convicted of grand larceny in the third degree.

To be found guilty, the jury needed to be convinced beyond a reasonable doubt that Case stole at least $3,000 from her former employer.

She was accused of stealing more than $14,000 over a two-and-a-half year period.

District Attorney Lawrence Friedman, in his closing argument, said Case filed 230 false claims with her employer.

"How could she not be aware of what she was doing?" Friedman said.

Friedman said testimony and documents showed that Case claimed 69 times that she made "call outs" -- totaling more than $5,000 in extra billing to her employer -- that she did not make.

She would make "call out" claims, he said, during hours when she was already working, when she had training or when she stayed in the office late filling out paperwork.

Case was also accused of filing false mileage reports, and Friedman said the false mileage reports were wildly inflated -- one report had her driving 30 miles, he said, when the trip was only 7/10ths of a mile.

Friedman said the evidence showed that in all but her first mileage claim Case filed inflated mileage reports, for a total of 33 times.

"She didn't offer any explanation for the inflated milage claims because there aren't any," Friedman said.

William Tedford from the Public Defender's Office made the closing statement for the defense and said that Case did not receive any compensation she did not believe she was legally entitled to receive.

"What we see here is a wide discrepancy between practice and policy," Tedford said.

The problem, according to Tedford, is that how nurses actually completed their paperwork and computer reports and what they were allowed to claim wasn't necessarily in line with policy.

"The people are trying to convict my client of violating policy," Tedford said.

He used as an example a practice change allowing nurses to claim "call outs" that came after 4 p.m. rather than 4:30 p.m., but Friedman said "there is no massive change in policy."

The district attorney said that was the only item brought up in testimony about any conflict between policy and practice.

Tedford criticized the prosecution for not presenting paper copies of charts and the policy, and for not getting a search warrant for Case's computer. But Friedman said the reason there were no paper charts in evidence was because none exist. And a search warrant wasn't needed for the computer because, first, all of Case's files were downloaded daily to her employer's server and, second, the employer owned the computer, so a search warrant wasn't required.

When Det. Charles Dudek interviewed Case, Friedman said, Case admitted to financial difficulties. She said the father of her children was more than $70,000 behind in child-support payments.

"I can't make ends meet," Case reportedly told Dudek.

She also reportedly told Dudek that she took a big pay cut when she left a job in Monroe County, but as Dudek questioned her further, Friedman said, it turned out she hadn't quit her job. She hadn't successfully completed, according to Friedman, her probationary period on the job.

"She didn't take a pay cut," Friedman said. "She was unemployed when she went to work for (her former employer). It's just another example of her trying to con the detective."

Tedford also argued that if Case was filing obviously false reports, why did it take her employer two-and-a-half years to bring it to anybody's attention?

Friedman said her supervisors simply weren't on the alert for wrongdoing.

"You heard (her supervisor) testify," Friedman said. "She assumed she was honest. She said, 'she's a licensed nurse, a professional, I expected her to be honest.' "

Case remains out of jail pending sentencing at 1:30 p.m., May 22.

Grand larceny in the third degree is a Class D felony and punishable by up to seven years in state prison.

After the verdict, Case walked into the gallery and was embraced by her mother and she sobbed.

When she left, Case's mother approached a reporter and said, "If you put anything in The Batavian that's not true, I'm going to sue you. What those people (pointing to the representatives from Case's former employer) said isn't true."

Previously: RN accused of creating inflated call claims to steal more than $14,000

The U.S Attorney for Western New York was in Batavia today to speak to the Kiwanis Club about the three broad areas of crime he said his office spends much of its time prosecuting: crimes against your kids, your money and your identity.

William Hochul spent much of his time talking about the two things he said that most put kids in danger -- sexual predators and drugs.

It used to be, he said, parents told their children to run from strangers and not take candy from people they didn't know. Now sexual predators often find their victims on the Internet.

He told the story of a high-school teacher in Erie County who identified lonely, vulnerable boys and then pretended to be a girl contacting them online. Eventually, he would lure them into sending sexually explicit pictures.

"Once they did," Hochul said. "He had them." 

From that point, Hochul explained, the teacher blackmailed them into sending increasingly explicit pictures of themselves.

"He will spend 35 years in jail," Hochul said.

Recently, Hochul said his office has taken an interest in so-called synthetic drugs. While many of the compounds used in the drugs are not yet banned in New York, they are being added to the banned substances list by the federal government.

Another big drug problem, he said, is kids getting ahold of prescription drugs, which he said is a growing problem.

"My message to you," Hochul said is, "lock up your prescriptions."

Another growing problem in WNY, Hochul said, is con artists. Most typically, these criminals use various techniques to steal your identity and then steal your money.

"You can't believe how sophisticated some of these scams have become," Hochul said.

One scam he described involved people calling WNY residents claiming they were from a credit agency and that the targets owed them money. The caller would tell the targets that if they didn't pay immediately the police would be right over to arrest them.  The caller would then say the police had arrived and then describe the target's house -- with the description coming from a picture off Google Maps.

If the person agreed to pay, the caller would pretend he told the police to leave and then take a credit card payment.

"Now you might say to yourself, 'well, I would never fall for that,' but we prosecuted two men who got $6 million from 124 victims," Hochul said.

Prior to the Hochul speaking, the club received an award for being a "Distinguished Club" in 2011, primarily because of its long-term project -- raising funds for a new building for the Child Advocacy Center.

Photo below, Kiwanis Genesee Division Lt. Governor Ron Pollack, left, Batavia Immediate Past President Larry Friedman and Kiwanis Genesee Division Immediate Past Lt. Governor Bob Reusch.

Disclosure: Howard Owens is a member of the Batavia Kiwanis Club.

Individual game tickets for the seven Scranton/Wilkes-Barre Yankees games will go on sale for the first time on Monday, March 5, when the Dwyer Stadium Box Office opens at 9 a.m.

These seven Scranton/Wilkes-Barre Yankees games will be the first time Dwyer Stadium will host Triple-A baseball.  
 
The Yankees will play at Dwyer Stadium on the following dates and game times:

Friday, April 20, vs. Norfolk (Baltimore Orioles Affiliate) at 7:05 p.m.

Saturday, April 21, vs. Norfolk at 1:05 p.m.

Sunday, April 22, vs. Norfolk at 1:05 p.m.

Monday, April 23, vs. Norfolk at 12:05 p.m.

Saturday, May 5, vs. Pawtucket (Boston Red Sox Affiliate) at 7:05 p.m.

Sunday, May 6, vs. Pawtucket at 1:05 p.m.

Tuesday, June 12, vs. Louisville (Cincinnati Reds Affiliate) at 11:05 a.m.

Individual game ticket prices for those games will be as follows:

Box Seats -- $9
General Admission (Adult) -- $8
General Admission (JR/SR) -- $7

The Muckdogs are also offering a ticket package that will allow fans to see all seven Yankees games at Dwyer Stadium this coming season. Those prices are as follows:

Yankees Ticket Package Box Seats -- $50
General Admission Package Seats -- $43

Currently, box seats for the Yankees are becoming very limited so fans are encouraged to call or stop into the box office as early as possible.

Season tickets, coupon books, and ticket packages for Muckdogs games are also on sale. Muckdogs coupon books will not be redeemable for the seven Yankees games at Dwyer Stadium.

All packages are currently on sale and can be purchased by calling 343-5454, or in person at Dwyer Stadium from 9 a.m. to 5 p.m.

A former Batavia resident convicted of three felonies in Wyoming County who got married, changed his name and then fought extradiction from West Virginia is back in jail awaiting sentencing April 5.

Eric J. Motzer, 25, now goes by the name Eric J. Disalvo after getting married Sept. 21 in front of a Genesee County Justice of the Peace.

He was convicted by a jury in Wyoming County Sept. 14 of criminal sale of marijuana, 2nd, rape, 2nd, criminal sexual act, 2nd, and endangering the welfare of a child.

Up until Sept. 22, when he was scheduled for sentencing Motzer/Disalvo, who was out of jail on $5,000 bail, had made all of his court appearances.

He didn't show up that day and a warrant was issued for his arrest.

Clay County Sheriff's deputies apprehended Motzer/Disalvo on Oct. 5.

He fought extradition on the grounds that his name was Eric J. Disalvo, not Eric J. Motzer, according to a Wyoming County Sheriff's Office press release.

According to the release, on Feb. 22, after numerous hearings and a governor's warrant being issued, Motzer -- still stating his name was Disalvo -- waived extradition.

Wyoming County officers drove to West Virginia yesterday, picked up Motzer/Disalvo and transported him back to New York.

Motzer/Disalvo is now being held in Wyoming County Jail without bail.

A state audit of the East Pembroke Fire District's financial records found problems with accounting procedures, but did not uncover any missing funds or improper expenditures.

The NYS Comptroller's Office released the audit this past week and was critical of the district for:

• Not auditing treasurer's records and reports;
• The treasurer has not completed and filed annual financial reports with state since 2005;
• There's no evidence the board reviewed claims before they were paid;
• Bank statements were not reconciled monthly.

The apparent problems with the bookkeeping required auditors to go through expenses check-by-check -- 75 checks in all totaling $21,875 -- from May 1 through Oct. 30, as well as all bank account transfers, deposits and withdrawals.

The financial activity was properly recorded and disbursements appeared for district purposes, but claims lacked proper approvals.

The audit period was Jan. 1, 2010 through Nov. 29, 2011.

The district has an annual budget of $158,000.

Press release:

The 2nd Public Information Meeting for the reconstruction of Cedar Street will be held from 4:30 to 7 p.m. on Wednesday, March 7, at Batavia City Hall in the Council Board Room (2nd Floor).

Erdman Anthony, the engineering firm retained by the city, will present the Draft Design Report and discuss different design alternatives under consideration. The design alternatives were developed after the current road conditions were assessed, input from the residents and businesses along the corridor was considered, traffic studies were analyzed and surveying and mapping was completed.

The reconstruction of Cedar Street from Main Street (Rt.5) to Ellicott Street (Rt. 63) is a Locally Administered Federal – Aid Project that is scheduled for construction in 2013-2014.

A copy of the Draft Design Report is available to review at city hall in the Department of Public Works; Monday – Friday from 8 a.m. – 4:30 pm.

For years, Jim Vo would see residents from Genesee County go to Rochester and Buffalo to sell their gold and silver and knew that while many retailers in the big cities were reputable, some of them were clearly a little shady.

After looking around Batavia a bit, he decided it would be a good place to start a business, which became Batavia Gold Rush, at 4152 W. Main St.

With a family background in jewelry -- his parents started in the business while still in Vietnam -- and some experience buying and selling gold and silver, he said he saw an opportunity.

"I love it in Batavia," said Vo, who will soon marry and is looking for a place to live in Batavia. It’s clean. It’s quiet. The people are very friendly."

Vo wants to be known as a precious metals buyer people can trust. A customer in his store is just as likely to get a lesson on how to value items as they are to get cash.

"You gave me respect to come into my store, so I'm going to show you respect," Vo said.

When he markets his business he doesn't advertise "the highest price paid." He said customers will figure that out after they get bids from other stores.

"Usually customers who don't sell to me come back later that same day because they found I did offer the highest bid," Vo said.

His personal motto is, "give me a chance to prove we pay the highest price and we will."

Vo said he's hoping to attract business that is currently being siphoned off from Genesee County and going to Buffalo and Rochester.

Some of his recent print advertising has even emphasized that fact.

"People should shop local," he said. "We want to keep the dollars in Batavia."

While some antique and coin dealers might buy items for resale, Vo said he doesn't want to hold inventory for resale. It just means he has to pay a lower price because the item will sit on a shelf for a while before he gets his investment back on it. By sending out all the gold and silver he buys to refineries, he can pay the best possible price, he said.

"My goal is to try and make money, and at the same time, get the customers the deal they deserve," Vo said.

State Troopers are scouring the Genesee River for two brothers from Batavia who have been missing since Feb. 19. David King, 54, and his 46-year-old brother, Michael, were last seen on I-390 in Monroe County.

Today, Trooper Mark O'Donnell told WBTA that so far the search has turned up nothing criminal.

Police say the brothers were reported missing Feb. 21. But it was not until a few days ago that law enforcement learned from another brother, Daniel, that they were last seen on I-390 near Rochester and the Genesee River. The media wasn't involved sooner because, for undisclosed reasons, Daniel was not able to provide police with that information.

According to police, David and Michael were in a minor car accident on Feb. 19 on I-390 and were taken to Strong Memorial Hospital for evaluation. Afterward, Daniel picked them up.

He dropped them off on the opposite side of the highway from their damaged vehicle at about 9 p.m. Daniel says they hopped over the median to get to the car. According to O'Donnell, there's about a 12- to 15-foot gap between the northbound and southbound lanes at that location and the Genesee River lies 100 feet below.

No one has had contact with David and Michael since then, but police are not ruling out that they could be found safe. Authorities have not been able to pick up any mobile phone signals from the brothers' phones.

A scuba team and airboat are being used today in the search and, over the weekend, a helicopter was used. But O'Donnell does not characterize the efforts as a "search for bodies."

Anyone with information should call State Police at 398-4100.

In addition to WBTA, information used in this post came from TV's WHAM 13.

Among the accomplishments of the Business Development Corp. in 2011 was hiring an economic development coordinator, Board President Ray Chaya told city council members Monday night.

Now the BDC is getting down to the business of growing business.

Chaya and Julie Pacette presented the BDC's action plan for 2012, which includes improving the real estate market, fostering an entrepreneurial spirit and becoming a friendlier city.

The second half of 2011 was pretty good for the BDC, Chaya said -- six loans for small businesses in Batavia were approved in 2011.

"It was quiet for some time, but has picked up," Chaya said. "Julie being on the street, talking to people, is something we’ve never been able to do before, so I really think it’s going to help drive some new business."

BDC Board Member Gregg Torrey is the group's champion for improving the real estate environment, which will include pushing forward with applications for $400,000 in Main Street grants from the state.

To qualify, property owners must cover at least 60 percent of the project costs.

Pacette said the BDC has already received grant applications totaling $700,000 in project costs and is looking for more applications to consider forwarding to the state for approval.

Pacette said the BDC hopes to get the applications through the process pretty quickly.

"We don't want to miss this construction season," Pacette said. "We hope to get the money on the street working this summer."

Chaya will spearhead efforts to foster a greater entrepreneurial spirit, which could include workshops for businesses on a variety of topics.

Brenda Richardson, manager at Coffee Culture, and City Manager Jason Molino, are champions of the action plan for making Batavia a friendlier city, which covers everything from ramping up customer service training for small businesses to streamlining government processes for small businesses.

Council members seemed to react favorably to the presentation.

"It validates the point we've been saying all along," Councilwoman Patti Pacino said. "We have all of the things to make our city a place where, when you drive through you say, 'I want to live here.' It's very exciting. It's happening."

Police requested to a business on Liberty Street for a loitering skunk near the front door, that's refusing to leave.

A possible chimney fire has been reported at 3491 Pearl Street, Town of Batavia.

Town of Batavia Fire Department responding.

UPDATE 8:20 a.m.: East Pembroke and Oakfield departments asked to standby in their halls. The fireplace has been cleaned out, according to a chief. Crews are rechecking the chimney. There appears to be no extension at the base.

UPDATE 9 a.m.: East Pembroke back in service.

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After years and years of wrangling -- and police officers working without a contract since 2005 -- the Police Benevolent Association and the City of Batavia finally have a labor agreement both sides can accept.

The PBA approved the contract Feb. 15 and the city council approved it Monday night.

Under the agreement, union members will receive retroactive pay increases from 2007 on, except for the final year of the contract, in the amount of 2.25 percent annually.

The retroactive pay will cost the city $784,000, which will be paid for with money in the city's fund balance and current fund surpluses.

This April, the city council will be asked to approve a transfer of $268,000 from the constituency fund to the police budget to cover the current year's increase in personnel costs.

"One of our goals was to solve this impass this year and here we are in February and we already have a resolution," said Council President Tim Buckley. "I credit Jason Molino and the PBA for reaching a resolution."

The PBA has been without a contract since 2005. The union won an arbitration award in 2009.

The contract impasse went to arbitration again in July 2011. The following September, the city and PBA leadership thought they had a contract agreement, but the union membership rejected the plan.

The arbitrator was set to issue PBA members 2 percent annual pay raises for 2007/08 and 2008/09, but before the award was final, the city and PBA settled on a new contract offer.

The ratified contract supersedes previous arbitration agreements.

Other provisions include a $1,000 per-member bonus in lieu of a 2012/13 pay increase, an increase in employee contribution to health insurance from 10 percent to 30 percent and increased co-pays on prescription drugs.

Debbie Kerr-Rosenbeck, who served for 25 years as executive director Genesee County Youth Bureau, was honored by the Batavia City Council on Monday night for her service to local youth. Over the past year, Kerr-Rosenbeck supervised the county department taking over management the city's youth program. Pictured, from left, are Legislative Chair Mary Pat Hancock, Councilwoman Kathy Briggs, Kerr-Rosenbeck and Legislator Marianne Clattenburg.

In a manner of speaking, Rob Credi is back.

Credi was one of the owners of Main Street Coffee from 2004 to 2009, and by mid-March he'll be running Kashmir Cafe at the corner of Main and Jackson streets.

That's the location owned by Ken Mistler and currently known as Espresso Salads and Subs.

Mistler remains the owner of the shop but Credi said he'll get full control of the operations, overseeing every aspect of the business.

Credi plans to revamp the interior -- he hopes to give it a more casual feel, to revive some of the "hang out" atmosphere of Main Street Coffee.

The drink menu will remain the same, and Next Level Fitness customers won't see any change in what they can purchase from that side of the counter, but Credi is planning a new sandwich menu, which he said will be "new American."

While Credi will manage the cafe, he won't be behind the counter every day. He has a full-time job in Rochester now, but will open the cafe in the mornings and serve coffee on weekends.

The newest deputy the Sheriff's Office is no rookie. He has more than seven years experience in law enforcement, including about a year with the Batavia Police Department.

Matthew C. Fleming joined the force six days ago and said he's been readily accepted by everybody in the department.

"Ever since I decided I wanted to be a cop, I always looked at the Genesee County Sheriff’s Office as the ideal place to end up," Fleming said. "When these opportunities come up, you want to take advantage of the opportunity."

The Fleming family goes back a few generations in Bethany, and as a lifelong county resident, Fleming said he thought it was natural to be out patrolling the county.

"Genesee County was a great place to grow up and I feel like growing up here gave me a great shot at life, just everything the area has to offer," Fleming said. "It means a lot ot patrol the same areas I grew up in and hopefully offer something back."

A 2003 high school regents graduate from Alexander Central School, Fleming studied criminal justice at SUNY Brockport. He completed his basic police training in 2007 and has worked as a public safety officer/dispatcher with the New York Park Police and New York State University Police in Oswego and Buffalo.  He is a certified general topics instructor, firearms instructor and OC spray instructor.

Fleming replaces a deputy who retired Dec. 31.

"Deputy Fleming will be a great asset to the Genesee County Sheriff's Office," Sheriff Gary Maha said. "He possesses all the qualities we look for in our deputies -- integrity, professionalism, dedication and dependability. We are pleased to have him as part of our team."