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It appears that it's not a done deal that the Genesee County District Attorney's Office will pursue an adultery charge against Suzanne M. Corona, who was allegedly caught engaged in sexual conduct in Farrall Park on Friday.

The 41-year-old Corona and her husband of nearly 7 years spoke with reporters yesterday and Joseph Corona said that if he was the supposed victim of the crime, nobody in law enforcement ever consulted with him to see if he wanted adultery charges filed.

"I wish that the charges were dropped so that we could resolve this as a man and wife, more of a private matter," Joe Corona said.

He called District Attorney Lawrence Friedman yesterday morning and asked that the charges be dropped.

"(The wishes of the victim) does come into consideration and I told him that," Friedman said. "But what I also told him is that it's not the only consideration.

"Let's say for the sake of argument," Friedman added, "that he is the victim of that charge, we do take into consideration the victim's feelings, but as in any other case there are other things we look at."

While other people may argue that the case is bigger than just the people involved, he said such philosophical positions don't really factor into whether to prosecute a defendant.

Suzanne Corona has said she plans to challenge the constitutionality of New York's adultery law and she is actively seeking legal representation.

Friedman said he considers the constitutional issue somewhat irrelevant because Corona is charged with two Class B misdemeanors, the least serious crimes in New York. Even if one charge were dismissed or withdrawn, there's the public lewdness charge, which Friedman believes Corona has pretty much admitted to in her public statements.

Asked, however, that if there was a constitutional challenge, wouldn't it require his office to defend the state law? Friedman replied, "If we choose to do so."

"It's not like I would anticipate somebody receiving concurrent sentences if they were convicted," Friedman said.

The DA said no decision has been made on how to handle the case, and when the decision is made, it will be one of the assistant district attorneys in his office who makes the call. Friedman said he's not going to be directly involved in the case.

Friedman has prosecuted an adultery case in Genesee County before, he said. In that case, a witness testified under oath to a long-term, consensual relationship with a married woman, which prompted the woman's husband to ask the DA's office to pursue an adultery charge.

"How could we say no to that?" Friedman said. "Regardless of how anybody feels about the law, it is the law. We do feel a certain obligation to enforce it."

City police are hunting for a man who reportedly kicked in the door of a residence, entered and pushed a woman down, then fled the scene.

It happened in the area of Park and State streets. He left via the rear yard, toward Bank Street, possibly to a wooded area nearby.

The intruder is described as a white male wearing a dark mask, gray gloves, a black T-shirt and blue jeans. He's about 5'8'' to 5'10" tall.

Detectives have been called to the scene and a K-9 unit is also requested.

UPDATE (2:46 p.m.): The location of the incident is 142 State St. The suspect is believed to have fled to a heavily wooded area between State and Bank streets, where residents say old greenhouses used to be. There is a Mancuso properties for-sale sign in front of the property. Police are setting up a parameter to search within.

UPDATE (3:05 p.m.): The police are asking anyone who sees a person fitting the suspect's description to immediately call 9-1-1.

UPDATE (3:15 p.m.): The victim, Angela, told police she left to take her dog on a walk and when she returned, a man came running out of her house, apparently knocking her down in the process. He was carrying a duffle bag. When she entered her house, the only item she found missing was her X Box 360.

She also told police that she slept upstairs on the couch last night and had the curtains closed. She noticed when she came home from walking the dog that the curtains were open. She says she thinks this may indicate the intruder knew her and was looking out the window for her return.

Between state, city and Sheriff's personnel, there are at least a dozen law enforcement units on scene.

UPDATE (3:33 p.m.): Dispatchers say a suspect matching the description, and carrying a ski mask, has been spotted near Elsworth and Summit streets.

UPDATE (3:36 p.m.): The person spotted near Elsworth and Summit is apparently not the suspect. He was carrying a knit beanie cap, but not a duffle bag or anything else. The search continues.

UPDATE (4:28 p.m.): The search has been called off and law enforcement units are back in service. The suspect remains at large. Detectives are staying in the area to process the scene.

UPDATE (4:52 p.m.): A possible suspect is reportedly walking "soaking wet" at around 16 Bank St. He was spotted on Tracy, crossed Washington, now on Bank.

UPDATE (4:56 p.m.): False alarm -- the guy on Bank is not the suspect, according to police.

A man who reportedly moved to Batavia from Florida just last month was arraigned today on a five-count indictment charging him with sexual abuse in the first degree.

Robert B. Wright was a resident of 42 Clifton Ave. for only two days, according to District Attorney Lawrence Friedman, before he allegedly forced a girl under 11 years old to touch his body parts.

The five-count Grand Jury indictment, which was sealed until his arraignment this morning, accuses Wright in engaging in two different forcible touching acts with the girl. He also allegedly touched her on one occasion.

The first alleged incident was on or about May 21. The second alleged incident was in the late night or early morning of May 21 and May 22.

Judge Robert C. Noonan ordered Wright held without bail.

Wright reportedly has a criminal record in Florida. Friedman said there is a record of a guilty plea to robbery with a weapon charge. There is no record of a sentence on that conviction. There is also a warrant for arrest in Florida and an allegation of a probation violation, but Friedman said he doesn't have information yet on the status of the warrant or the alleged probation violation.

Jay M. Blatchley, 36, of Colby Road, Darien, is charged with robbery 3rd, resisting arrest and aggravated unlicensed operation. At 3:23 p.m., Monday, the Sheriff's Dispatch Center reportedly received a 911 hang up call from a residence on Colby Road, Darien. When a deputy arrived, he was reportedly told that Blatchley had been to the residence to retrieve some property. A domestic dispute reportedly ensued. The resident tried to call 911, but Blatchley allegedly grabbed the phone and terminated the call. Deputy Kevin McCarthy along with Sgt. Thomas Sanfrattelo and State Police responded to Blatchley's location both on this complaint and a reported outstanding warrant from another jurisdiction. Blatchley allegedly tried to flee and resisted arrest. Bail was set at $20,000.

Thomas T. Lapree, 26, of Galloway Road, Alabama, is charged with false reporting, moved from lane unsafely and leaving the scene of a property damage accident. Deputy Kevin McCarthy responded at 10:03 p.m., June 4, to a report of a property damage hit-and-run accident on Galloway Road in Alabama. Upon further investigation, McCarthy determined that Lapree may have been involved in the accident. When contacted, Lapree reportedly said his car had been stolen. It was later found hidden behind a barn across from Lapree's property and Lapree allegedly admitted to driving the car and being involved in the accident.

Cecilia R. Conklin, 46, of Skuse Road, Geneva, is charged with harassment. Conklin is accused of showing up at her daughter's College Village room and refusing to leave after being asked to leave. Conklin then allegedly followed her daughter to the GCC campus, where she was asked to leave by college security. When she allegedly refused, she was arrested.

A State trooper has reported to dispatch that a train track crossing arm is stuck in a down position on Seven Springs Road.

Traffic backed up quite a bit, he said, and many drivers have been forced to turn around and try an alternate route.

Dispatch is in contact now with CSX attempting to get the apparent malfunction resolved.

UPDATE 10:14 a.m.: This may actually be a train itself blocking the intersection. Dispatch reports that the train is having mechanical trouble and it will be at least 40 minutes before it is moved.

News of an alleged sex act in a Batavia public park and the rare adultery charge that followed has made it across the pond.

British tabloids have picked up the story. By this morning, the Daily Mail, the Sunday Mirror and the Sun all carried some version of the story. The story has also appeared in the UK's Independent.

In the U.S., such diverse news outlest as the New York Daily News, ABC, AOL and a Wall Street Journal blog have given the story play.

The Daily Mail also used pictures owned by The Batavian without permission or compensation.

The stories don't tell us anything we don't already know, but the comments on a couple of them can make for interesting reading.

The Batavian has also heard from New York-based entertainment shows looking for more information. And of course, the story has been popular with radio talk shows in Buffalo and Rochester, as well as receiving extensive coverage from the TV stations in those two cities.

My new 70-300 mm zoom lens arrived today, and since I bought it primarily to improve my sports photography, I thought I'd head over to MacArthur Park for some Batavia Minor League baseball action. I caught the Astros and the Athletics in a game of 8-10 year olds.

Mor pictures after the jump:

BATAVIA, NY -- Suzanne M. Corona, the 41-year-old Batavia mother accused of engaging in a public sex act in Farrall Park last Friday afternoon intends to challenge the constitutionality of the adultery charge leveled against her.

Asked after a brief court appearance at Genesee County Court today, Corona said she would "absolutely" challenge the legality of the charge once she retains a private attorney.

City Court Judge Robert Balbick gave her until June 22 to hire an attorney. He did not require her to enter a plea today to the adultery or public lewdness charges filed against her.

"I think the adultery charge is extremely unfair and uncalled for," Corona told assembled media before entering the courthouse. "My husband is standing beside me. He called the D.A. himself this morning and wants it dropped."

Joseph Corona said he loves and supports his wife of six-and-a-half years.

"I just want it on public record that I forgive her fully," Joe Corona said. "I wish that the charges were dropped so that we could resolve this as a man and wife, more of a private matter."

His wife called her behavior Friday "inappropriate" but denied doing anything that a child could see or be harmed by.

"If you were a passerby you would not see anything was going on," she said. "We were fully clothed. His pants were on. His shirt was on. My clothes were on."

At 5:15 p.m., Friday, Farrall Park reportedly had a number of parents with their children in the playground less than 30 feet from where the pavilion full of picnic tables sits. But Corona said she and her alleged paramour, 29-year-old Justin Amend, of Oakfield, were well away from any children. She said, at most, Amend's genitals were exposed through a pants' zipper while she sat on his lap.

"Yes, it was a sexual act," she said.

Amend was also charged with public lewdness. His case was continued to June 30. He also did not enter a plea today.

She apologized to the mothers, but said, "I've not heard from these mothers. I'd like to see something from the mothers that an offense occurred, because there was nothing, nothing that would have endangered a child, to hurt a child by any means."

Her husband complained that police never consulted him before filing the adultery charge.

"If they considered me the victim, they just left me out in the open," he said, adding that he felt "sad" about the whole situation.

"I'm hurt by all this," he said. "But I'm 41, but I've got 40 some more years to spend with my wife. I'm not going to throw it all away over one incident. This is something that is going to pass and life is going to go on. It's going to be forgotten. I'm going to love her and spend the rest of my life with her."

The elegant House of K, which sells European clothes for women, is closing its doors.

Located at 97 Main St. downtown, at the corner of Jackson, it has been in business for six years.

It sells dresses, pants, blouses, handbags, costume jewelry and more, in a distinctively upscale venue with black awnings over the windows of the historic building, hardwood flooring and modern, sleek decor inside.

Owner Kamilla Kabel says she's ready to pursue new opportunities and wanted to "stop while (she's) still ahead."

She's been mulling over the possibility since last winter. Then her sales associate got a full-time job, her niece moved here from Denmark and the timing seemed right.

Spending time with her children and family is what she plans to do for the immediate future. She is on the committee for the YWCA's fall fashion show and will be working on that, although unlike previous years, she won't be providing clothes for the show.

"I'm ready for something new," Kabel said. "I wanted to do this as long as I was having a good time. The customers and the friendships have been the best things I've gotten out of it. And I've enjoyed buying and selling clothes.

"I moved here from Denmark and only knew the people my husband knew," Kabel said. "I've gotten to know so many people on my own that I feel like this is my town."

The merchandise is marked down and there will be a farewell party and close-out sale at the store this Saturday, June 12, from 10 a.m. to 4 p.m. Gift cards and store credits that are still valid -- not expired -- will be honored.

In previous surveys, Batavians have said they would like to see more clothing stores for women downtown. The departure of House of K, makes the void all the worse.

"The House of K has always been a supporter of downtown and it's been a vital business," said Don Burkel, director of downtown's Business Improvement District. "Because she sells women's clothes, that's been an attraction to downtown.

"This will be a loss. I am one of the people who helped bring her downtown, so I'm deeply saddened. Hopefully, somebody will be interested in that (property) as a retail space."

The building is owner by Ken Mistler.

UPDATE (Howard)(1:30 p.m.): After her brief appearance in City Court, Suzanne Corona said she plans to retain a private attorney and challenge the constitutionality of laws making adultery a crime.

Suzanne M. Corona, the 41-year-old Batavia woman charged with adultery for allegedly engaging in sex in a public park, arrived at the Genesee County Courthouse this afternoon for her arraignment in City Court.

She walked up to the courthouse holding hands with her husband of six-and-a-half years, Joe Corona.

In an impromptu press conference, Corona denied the charges, took issue with being charged with adultery, apologized to mothers while denying that children could see anything. She further denied a police accusation that her alleged paramour, Justin Amend, had his pants down. Both denied that his genitals were exposed and said the whole affair should be a private matter between her and her husband.

Joe Corona said he stands by his wife and intends to be married to her for another 40 years.

More later.

Thomas M. Rastelli, 26, of Dewhirst Road, Gasport, is charged with a felony count of DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident, aggravated unlicensed operation, failure to stop at a stop sign and consumption of alcohol in a motor vehicle. Rastelli is accused of being involved in a one-car accident at 1:12 a.m. today on Route 5 in Pembroke. The incident was investigated by Deputy Jason Saile. Rastelli was jailed on $20,000 bail.

Shawn Michael Irish, 39, of Lake Street, Perry, is charged with illegal possession of a hypodermic instrument and unlawful possession of marijuana. Irish was stopped on May 16 by Deputy Brian Thompson in the area of 16 Bank St. for an alleged traffic violation. Thompson's K-9 reportedly alerted on Irish's vehicle.

Ronald Lewis MacGregor, 41, of Cole Road, Le Roy, is charged with criminal possession of a controlled substance. MacGregor was stopped on May 16 by Deputy Brian Thompson in the area of 16 Bank St. for an alleged traffic violation. Thompson's K-9 reportedly alerted on Irish's vehicle.

Kenneth M. Gray, 18, of 77 Myrtle St., Le Roy is charged with criminal mischief and robbery, 3rd. Gray is accused of forcibly taking property from a friend and then damaging the property during an alleged domestic incident on Sunday. Gray was jailed on an unspecified bail.

Jason M. Brooks, 32, of 98 Wilmont St., Rochester is charged with disorderly conduct and resisting arrest. Brooks is accused of being involved in a fight on Mill Street on Monday. Det. John Condidorio responded to the scene. During the investigation, Brooks allegedly used profane language numerous times in public and after being advised he was under arrest, allegedly physically resisted causing a minor struggle to ensue.  Brooks was jailed on $3,000 bail.

Michael L. Ruth, 42, of Stafford, is charged with harassment, 2nd. Ruth was arrested by State Police for an alleged incident at 1:12 p.m., May 17, in Bergen. No further details were released.

Jonathan Martinez, 22, of Batavia, is charged with DWI, operation impaired by drugs, unlawful possession of marijuana, speeding and driving without a license. Martinez was stopped 10:15 p.m., Monday on Route 33 in Bergen by State Police.

Accidents reported in the State Police blotter:

8:54 a.m., June 6, Genesee Street, Pembroke, one vehicle; Driver 1: Steven F. Marra, 17, of Corfu. No injuries reported.

10: a.m., June 6, Court Street, Batavia, two vehicles; Driver 1: Mary A. Luce, 72, of Corfu; Heidi Whelan, 42, of Batavia. No injuries reported.

12:54 p.m., June 6, Route 63 and Route 20, Pavilion, three vehicles; Driver 1: Yanely Mencia, 22, Corona; Driver 2: Gerald C. Burch, 41, Le Roy; Driver 3: Steven J. Morore, 50, East Bethany. No injuries reported.

A two-car accident with possible injuries has been reported at North and Summit streets, Batavia.

Mercy EMS is on scene and City Fire is responding. Mercy EMS, which found the accident, reports minor injuries.

Police has been dispatched to deal with traffic. The intersection is blocked.

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Batavia police spokesman Eric Hill pretty much admits that the police department is surprised that an alleged sex act in a Batavia park has become big regional news.

The initial press release was "local only," meaning it went out only to The Batavian, WBTA and the Batavia Daily News. Regional TV, radio and newspaper editors read all of those websites to help keep tabs on Batavia, so by Monday afternoon, the police department was besieged by a steady stream of media requests for more information.

At 3:45 p.m., Hill stood before half-a-dozen TV cameras and a barrage of mics and told the assembled reporters many things we already know, and added a couple of new details.

The angle driving the story up until now is the rare charge of adultery against Suzanne M. Corona, 41, of Ousterhout Street, and that unusual charge could lead to national news outlets picking up  "BATAVIA , NY" datelined news stories.

If not "adultery," then Corona's comments late this afternoon to WHEC out of Rochester will certainly add a more sensationalistic angle.

Corona said that her husband of seven years is transgendered and that they have been unable to have sex. That is part of the explanation of what she calls “inappropriate behavior.”

Corona told News 10NBC, “One thing lead to another and this is what ended up happening…I feel terrible, especially for my family. It’s an embarrassment for my family. It just happened. There was no reason for it...it just occurred and obviously I wish it never happened. It wasn’t planned. I am very sorry for the situation.”

Corona also denied police allegations that she was actively engaged in sexual intercourse with 29-year-old Justin Amend on a picnic table in Farrall Park when Officer Matthew Baldwin arrived on scene at 5:15 p.m., Friday.

In an attempt to confirm Corona's statements with her, I drove over to her house after reading the WHEC story. She was not at home, but her unshaven and slightly disheveled husband was.

The 42-year-old Mr. Corona said he's been reading The Batavian. He said he wondered why nobody was considering him in this situation. I said that normally we don't try to talk directly with people involved in pending legal cases.

I asked him if he had seen the comments that his wife made. He said yes. I said, "You've seen her latest comments to News 10?" He said, "yes." I asked, "any reaction?" he said, "in what way?"

I asked him what he thought about her saying he was transgendered, and he said, "Do I look transgendered to you?" I said, "no," and he said, "well, there you go, then."

At this point, another reporter walked up. I reached for my tape recorder and asked to record our conversation. He said, "no."  I then asked him, "but you do categorically deny what she said about you being transgendered." He said, "I don't understand your question." I said I just wanted to be clear that I understood exactly what he said. He told me I heard what he said.

He then told me that he's been reading what I've written about the case and considered me unfair and very narrow minded. He then backed into his doorway and shut the door.

As for Friday's incident, Officer Hill said that when Officer Baldwin approached the allegedly copulating couple, Amend had his pants down, but that Corona was mostly clothed.

"He asked what they were doing and they said, 'Just talkin'," Hill said. "Obviously, they weren't just talking."

Hill later said that upon more questioning, Corona said that they were just making out.

He described both as intoxicated at the time.

Officer Baldwin knew Corona was married, Hill said, because police have previously responded to calls at her residence.

Baldwin decided to charge Corona with adultery because the alleged facts as he knew them fit the penal code.

Section 255.17 of the New York State Penal Code reads:

A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Adultery is a class B misdemeanor.

A reporter also asked if Corona was married to, or formerly married to, any member of the Batavia Police Department. Hill said she has no direct relation to anybody in the police department.

UPDATE 11:05 p.m.: WHEC has deleted from its story online the transgender reference. I just spoke to a person on the news desk at WHEC who said, "I guess they felt it wasn't really relevant to the story."  On further discussion he said, "she made all kinds of excuses" and added again that this excuse just didn't seem relevant or fair to the husband since they couldn't check it out.

UPDATE 11:30 p.m.:  From WHAM 13's Sean Carroll:

The woman involved is charged with adultery in part because of statements she made to police.  According to court papers she told an officer after her arrest:

"Officer I know what I did was inappropriate and I apologize but you'd understand if you knew what my life was like.  I have a transgender husband and we never have sex.  One thing led to another."

Carroll also reports that he spoke with Corona, and she didn't deny engaging in sex, "However, she said police are painting a picture that isn't accurate.  She insists nobody was nearby and if they were that they would not have seen anything inappropriate."

Photos: Top photo, the view from the podium just prior to today's press conference at police HQ; first inset, Corona; second inset, plaque at Farrall Park; third inset, Amend; bottom photo, the picnic table area at Farrall Park.

I happened down Harvester Avenue just as this "train truck" was passing through the intersection. Workers told me they use it to ride the rails and check for any maintenance issues that need addressed and to spray for weeds.