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Grand Jury: Batavia HS student indicted on first-degree assault charge

By Billie Owens

Antwan L. Odom is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Aug. 4 in the area of Ross Street in the City of Batavia that Odom -- with intent to cause serious physical injury to another person -- caused such injury by means of a dangerous instrument -- a knife. In count two, Odom is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a "dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or other dangerous instrument with intent to use the same unlawfully against another."

Michael D. Kopyscianski is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 19 in the Town of Darien that Kopyscianski possessed lysergic acid diethylamide (LSD -- a hallucinogenic drug) with intent to sell it. In counts two and three, respectively, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing alprazolam (the generic of Xanax) and suboxone (treats opioid addiction). In Special Information filed by the District Attorney's Office, Kopyscianski is accused of having been convicted of criminal possession of a controlled substance, 7th, on Jan. 3, 2013, in the City of Saratoga Springs Court and also on May 6, 2005, in City of Newburgh Court.

Jeffrey A. Youngs is indicted for driving while in intoxicated, as a Class E felony. It is alleged that on Oct. 27 Youngs drove a 2003 Toyota on Route 98/Oak Street in the Town and City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In count three, he is accused of the offense of driving across official markings -- a vehicle and traffic violation. In count four, Youngs is accused of consumption or possession of an alcoholic beverage in a motor vehicle on Oct. 27. In Special Information filed by the District Attorney's Office, Youngs is accused of having been convicted by DWI as a misdemeanor on June 12, 2017, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Josh J. Peterman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 28 in the Town of Darien that Peterman drove a 1998 Honda on Park Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In Special Information filed by the District Attorney's Office, Peterman is accused of having been convicted of DWI, per se, as a misdemeanor on June 28, 2012, in City of Binghampton Court and that convicted was within 10 years of the crimes alleged in the current indictment.

Court rules police officer's use of text messages didn't violate rights of sex offender

By Howard B. Owens
      Patrick Hackett

A police officer did not violate the rights of a sex offender when he sent a text message to the suspect's mobile phone upon his arrest to confirm the defendant had used the phone to exchange messages with his victim, and unknowingly, with police, an NYS appeals court has ruled.

Patrick M. Hackett, 44 at the time of his arrest, was accused in May 2013 of having sexual intercourse with a teenage girl in Batavia. He was later indicted on a single count of rape, 3rd, for being more than 21 years old and having sexual intercourse with a partner who was less than 17 years of age.

Hacket was convicted by a jury Nov. 13, 2014, and later appealed the use of his text messages as evidence against him, which was instrumental in his conviction.

"Although there is a lack of medical, scientific, or other physical evidence of the crime, the jury saw incriminating text messages from (the) defendant to the victim in which he admitted that he engaged in sexual intercourse with her and professed his love to her," the justices of the Appellate Division, Fourth Judicial Department, wrote in their decision. "In addition, (the) defendant’s trial testimony in which he denied having sexual intercourse with the victim was not credible inasmuch as he provided the jury with improbable explanations for the incriminating text messages."

The charge against Hackett arose after his victim reported the sexual intercourse to police. She cooperated in the investigation and agreed to send Hackett a text message. Once he responded, a police officer used her phone to exchange a series of text messages with Hacket.

When the officer arrested Hackett, the officer used his mobile phone to send a text message to Hackett's phone. Hackett's phone either vibrated or made a noise and the officer could observe that his text message had arrived at the phone. At that time, the officer did not open the phone and view the text messages. A search warrant was later obtained.

In his appeal, Hackett said the text messages should not have been admissible at trial because the officer's actions at the time of arrest, he said, constituted an illegal search and seizure.

Hackett's appeal relied on a 2014 case, Riley v. California. Riley, a Supreme Court ruling, determined that a search warrant, based on probable cause, is required for police to search a suspect's mobile phone.

The appeals court ruled that the Riley case does not prohibit officers from sending text messages to the defendant and making observations of the defendant's phone and that the court in Riley found that officers can observe physical aspects of the phone.

Further, the text message sent by the officer was not part of the police officer's application later for a warrant to search the phone and there was sufficient probable cause to obtain the warrant.

The court also ruled that Hackett received competent representation from his defense attorney at trial, who was successful in suppressing some evidence the prosecution tried to enter into the record.

It also did not violate Hackett's right to a fair trial by allowing testimony about Hackett providing his victim with alcohol prior to their sexual contact, even though he was not indicted on that "bad act." The court ruled the incident helped complete the narrative of events leading up to the crime on the night in question. The court ruled the exclusion of this information would not have changed the outcome of the trial given the overwhelming evidence of Hackett's guilt. Testimony about the drinking, the court ruled, was "harmless."

At the time of his arrest, Hackett was already a registered sex offender. He was convicted in 1993 in Cattaraugus County of kidnapping and rape in the first degree.

On his local conviction, he was sentenced to three and a half year to four years in prison. He is scheduled to be released in November.

Law and Order: Oakfield woman accused of grand larceny, petit larceny and identity theft

By Billie Owens

Debra Lynn Mattoon, 39, of Batavia-Oakfield Townline Road, Oakfield, is charged with fourth-degree grand larceny, petit larceny and third-degree identity theft. On Dec. 15, following the investigation into a larceny that occured in the City of Batavia at 2:15 p.m. on Dec. 3, Mattoon was arrested on the charges. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. She is due back in city court on Dec. 21. The case was handled by Batavia Police Officer Kevin Forsyth.

Jacob Joseph Camerera, 27, of North Street, Batavia, is charged with criminal possession of stolen property, 4th, after he was allegedly found in possession of a firearm at 8:45 a.m. on Nov. 19 which had previously been reported stolen. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Chad Minuto.

Joseph A. Ciociola Jr., 20, of Pembroke, was arrested at 9:56 a.m. on Dec. 5 by troopers out of SP Batavia and charged with: criminal possession of a weapon, 4th; unlawful possession of marijuana; and possession of a loaded firearm in a motor vehicle; he was also cited with vehicle and traffic violations. Troopers stopped Ciociola on Akron Road in the Town of Pembroke for speeding. While interviewing Ciociola the odor of marijuana was allegedly present. During a probable-cause search of his vehicle, Ciociola was allegedly found to be in possession of marijuana, brass/metal knuckles, and two loaded and chambered firearms. Ciociola was issued appearance tickets and he is scheduled to appear before the Town of Pembroke Court later this month. 

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with two counts of criminal contempt in the first degree. He was arrested on Ellicott Street in Batavia at 3:30 p.m. on Dec. 12 for allegedly violating an order of protection on two different occasions. He was arraigned and jailed without bail and was due in Batavia City Court on Dec. 13. The case was handled by Batavia PoliceOfficer Peter Flanagan, assisted by Sgt. Eric Bolles.

John Albert Snook, 30, of Oak Orchard Road, Albion, is charged with first-degree criminal contempt and unlawful possession of marijuana. At 2:20 a.m. on Dec. 15, Batavia police responded to a Jackson Street apartment for a 9-1-1 hangup call. While on scene, patrols discovered that Snook was on location in violation of a stay-away order of protection; he was also allegedly found to be in possession of marijuana. Snook was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 17). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.

Batavia PD warns residents to take precautions against thefts

By Howard B. Owens

Press release:

With the holiday season fast approaching the Batavia Police Department would like to take a moment to remind our City's residents to lock their car doors, along with the doors and windows of their residence.

If someone should come to your residence requesting to enter to check your utilities, or to "take a moment of your time" ask to see credentials or identification. Do not let them in your house. If they appear to be overly aggressive, please contact the Batavia Police Department and we will gladly respond.

Video: Joe Head performing at HLOM

By Howard B. Owens

Joe Head performed at the Holland Land Office Museum on Friday night, playing a selection of traditional and contemporary Christmas songs.

Dr. Tom accepting gifts for local children

By Howard B. Owens

Dr. Tom Mazurkiewicz, a chiropractor with an office at 184 Washington Ave., Batavia, is conducting his annual toy drive, with new, unwrapped toys donated at his office going to the community Christmas dinner at T.F. Brown's and a Christmas party at City Church's St. Anthony's location on Tuesday.

Stop by his office tomorrow (Saturday) between 8 a.m. and 11 a.m. with a toy for a child and receive a free adjustment. 

Donations will be accepted his office until Dec. 15.

Photo: Dr. Tom Mazurkiewicz and Ryan Macdonald, City Church.

Shopping at The Gift Shop in the Senior Center benefits older adults in our community

By Billie Owens

Press release:

Stop by and visit The Gift Shop, located in the Senior Center at 2 Bank St. in Downtown Batavia between the Arts Council and the YMCA.

The daily display of reasonably priced unique gifts, women's accessories including scarves, ponchos, purses, and jewelry is ever changing and now dressed up for the holiday season.  

Come and enjoy this charming shop and meet the friendly volunteers and staff. The gift shop is easily accessed and open to the public from 9 a.m. to 4 p.m. Monday through Friday.

Browse, and take home fun gifts galore for your loved ones. The bright, beautiful apparel, seasonal housewares and decorations will be perfect for you, your family and friends. 

The proceeds are devoted to providing popular wellness activities for our local older adult population giving them affordable opportunities to socialize and participate in community-related trips, local events, and activities offered throughout the year.

For more information, please call 585-343-1611 and ask for Mary.

Batavia's Margaret Cecere inducted into National Society of Leadership and Success at Kutztown University

By Billie Owens

Margaret Cecere, of Batavia, has been inducted into the National Society of Leadership and Success (NSLS) at Kutztown University as part of the December 2018 class.

The NSLS is the nation's largest leadership honor society. Students are selected by their college for membership based on either academic standing or leadership potential. Candidacy is a nationally recognized achievement of honorable distinction. With 662 chapters, the NSLS currently has 956,712 members nationwide. 

In addition to honorable distinction, the NSLS provides a step-by-step program for members to build their leadership skills through participation at their campus or online. Upon completion of the program, members receive their leadership certificate and take their place among the top student leaders at their campus and across the country. Members are able to list their affiliation on all statements of personal accomplishment, including their resume. 

Membership is for life and provides access to benefits including scholarships and awards, exclusive on-campus events, employer recruitment through an online job bank, and discounts on computers, textbooks, grad school prep courses, insurance and much more.

To be inducted at KU, students must attend an orientation, a three-hour leadership training seminar, three success networking team meetings and three speaker broadcasts featuring leading figures delivering success-related messages to members.

About Kutztown University of Pennsylvania 

Founded in 1866, Kutztown University of Pennsylvania is a proud member of the Pennsylvania State System of Higher Education located on 289 acres nestled in the beautiful East Penn Valley in Berks County, between Reading and Allentown, Pa. KU is just two hours from New York City; 90 minutes from Philadelphia. 

As the region's center for excellence in academics, culture and public engagement, KU's programs and reputation for quality offer students the opportunity to discover lifelong avenues of learning and discovery. KU students select from more than 100 areas of study within four colleges in a diverse liberal arts academic environment. To complement their studies, KU's NCAA Division II athletics program with 21 varsity sports joins the more than 160 student clubs and organizations providing students with a variety of activities for learning and discovery. 

Nondiscrimination Statement

Kutztown University does not discriminate in employment or educational opportunities on the basis of gender, race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity or veteran status.

For more information, please visit us at www.kutztown.edu.

WBTA and Ken Barrett's teaming up for annual toy drive today

By Howard B. Owens

Clients of Arc of Genesee Orleans dropped off bags full of gifts today for annual WBTA toy drive at Ken Barrett's Chevrolet and Cadillac, which benefits local children through the Salvation Army.

Among the other large donations to come in this morning was seven bags of toys from the employees of Oatka Milk Products in Batavia.

WBTA co-owner Dan Fischer said that by 11 a.m. it looked like as many toys had come in so far as had been received by the end of the day last year.

The toy drive runs until 4 p.m., so plenty of time as of this posting (at 1 p.m.) for you to run down to Adam Miller and load up on toys to donate to the Salvation Army for local children who might otherwise receive little or nothing for Christmas.

Note about the videos below: The audio quality is not great. We have hardware coming by next week that will fix this for future videos.

Iroquois Trail Cub Scouts Food Drive

By James Burns

Cub Scout Pack 112 is looking for donations of nonperishable food items for a holiday food drive. The items will be donated to the Jackson School Elementary Backpack Program for children in need. 

If you received a hanger on your door you can leave the food outside for pick up this Saturday, Dec. 15th. If you did not receive a door hanger and would like to donate, please send an email to dtvburns@yahoo.comwith an address for pick up this Saturday. 

YWCA announces plans to sell building to local doctor, continue services on North Street

By Howard B. Owens

The financially troubled YWCA in Batavia has reached an agreement to sell its building at 301 North St., Batavia, to Dr. Emily Fraser-Branche, a pediatrician in Batavia who will relocate her practice to the building and lease back space to the YWCA.

The sale of the property is contingent on Fraser-Branche obtaining a use variance from the City of Batavia for a medical office at the location.

When the YWCA opened in 1968 at 301 North, the neighborhood had not yet been declared R-1 (single-family residential) so while the YWCA's use of the property is grandfathered in, any other non-single-family use requires a variance.

The planned sale was announced to a group of YWCA supporters and area residents at a meeting Wednesday night.

Reid Whiting, a municipal attorney with an office in Le Roy, explained to the audience the basis of the variance application, which must be approved by the city's planning board and zoning board of appeals.

There are three criteria that must be met for the variance to be approved, Whiting said.

First, that the change is needed because the current building cannot make a reasonable rate of return; second, that the building is experiencing a unique hardship; and third, that the hardship was not created by the YWCA.

On the first point, the building is not suitable as a single-family residence and therefore couldn't be sold at a reasonable rate of return and further, the YWCA's financial difficulties demonstrate that its current use is not generating enough revenue to maintain a reasonable rate of return.

On the second, because of the building's size and location in an R-1 zone, it creates a hardship on other uses for the building.

And on the third, the financial difficulty of the why and the city's decision to change the zoning is what created the hardship that necessitates the need for a variance, Whiting said.

Fraser-Branche grew up in Batavia and obtained her medical degree from Univerity at Buffalo. She returned to Batavia to practice medicine in Batavia and a few years ago opened Three Little Birds Pediatrics at 314 Ellicott St.

At Wednesday's meeting, she explained that it was the death of her father who inspired her to open her own practice. He encouraged her to strike out on her own and follow her passion.

She's been able, she said, to avoid being swallowed up by a regional hospital group and remain independent. Her practice she said is focused on taking care of her patient's physical, emotional and spiritual well-being.

When she realized she might be able to acquire the YWCA building and move her practice there, she said it was an opportunity beyond her dreams to give her practice room to grow. It was a big decision, she said, that led to a lot of sleepless nights and a lot of prayer but in the end, it just seemed like the right thing to do.

“This is my home community," Fraser-Branche said. "I want to remain here. I want to continue to practice here. I want to continue to watch families grow and thrive.”

In response to residents' questions at the meeting, she said her office will only be open during standard, daytime business hours. Her business doesn't require big dumpsters and what little medical waste is generated by the business, it is safely stored in regular-sized, but sealed, garbage bins and safely removed from the property.

Whiting, in answer to a question, said a variance for the YWCA will not make it possible for other properties in the community to open businesses.

Whiting also said that if, for whatever reason some time down the road, another business wants to use the building, that business would require its own variance unless it was also a medical practice.

If the variance is to be granted, Whiting suggested, community members who support the YWCA will need to speak up in support of the variance.

"We hope anybody here who feels strongly about the future of the YWCA, its place in this community, and the chance to foster a great pediatric practice within this community, we hope that some of you, if not all of you, would take some time out of your busy schedules, particularly around this time of year, to put in favorable word to the planning board and the zoning board," Whiting said. "It’s very important because frequently the only people who show up at variance application hearings are opponents of the variance."

One argument in favor of the variance, Whiting said, is there is already medical uses in that part of Batavia, from UMMC to several medical offices. He said residents won't notice anything different with Three Little Birds Pediatrics than what they're used to from either those medical practices or the YWCA.

The medical practice will be in the back, roughly two-thirds of the building, while the YWCA will continue to operate in the front of the building, still offering its current programs and services, with My Sister's Closet moving to a room in the front of the building.

Millie Tomidy-Pepper, the current executive director, said the YWCA's office hours will remain the same, which are weekday, daytime hours.

The Batavia YWCA, founded in 1910, served the community from various locations, including its own downtown building for many years, until launching a building fund in the 1960s, raising more than $200,000, purchasing the property at 301 North, and finally opening the new building in 1968.

This spring, it looked briefly like the YWCA in Batavia was going to have to close up shop. It was out of money and Executive Director Jeanne Walton was replaced by Tomidy-Pepper, who took over an organization with debt and no reserves. The community rallied around the YW and between donations and the support of other YWCA's Tomidy-Pepper and the board, they were able to keep the doors open.

The sale of the building will help the YWCA continue to serve the community, Tomidy-Pepper said.

"I think it’s a good fit," Tomidy-Pepper said. "I can’t think of anybody else who could have put an offer in on the building who could have fit any better, honestly."

Dr. Emily Fraser-Branche

Millie Tomidy-Pepper

Reid Whiting

Sponsored Post: State Farm - Mark Lewis Agency - Get your home winter ready

By Lisa Ace


Be energy efficient
Since your heating system will probably be running constantly throughout the winter, remember to change out your HVAC filters every month. Inspect the insulation in your attic and crawl space. Warm air rises and leaves the house through the roof, so you should focus on insulation in your ceilings. Seal areas around recessed lights, the attic hatch, and plumbing vents that may be allowing warm air from the living space below to enter the attic. Proper attic ventilation, adequate attic insulation, and a tight air barrier between the attic and the interior of the house will work together to prevent ice dams.

If you don't have double-paned windows, remove the screens and install storm windows to ensure that the heat stays in and the cold stays out. If you're on a tight budget, pick up an inexpensive plastic-film sheet kit from your local hardware store. These will only last one season, but they do help with energy efficiency and are able to halt the cold flow of winter drafts. If you have a fireplace, burning firewood is another way to save energy costs. When you use the fireplace, reduce heat loss by opening dampers in the bottom of the firebox (if provided) or open the nearest window slightly -- about an inch -- and close doors leading into the room. That will prevent the fire from drawing warm air out of the rest of the house and replacing it with cold air. And remember to store your firewood in a dry place at least 30 feet from your home to avoid a fire hazard.

Protect your pipes
Pipes located in attics, crawl spaces, basements, and near outer walls can be susceptible to freezing in extreme temperatures. When the forecast calls for unusually cold temperatures, let water drip from hot and cold faucets overnight. Also try keeping cabinet doors open to allow warm air to circulate in places like below sinks. If you open the cabinet doors, be sure to remove anything inside the cabinets that may pose a safety to hazard to children, such as household cleaners. For exposed pipes in your attic, basement or crawl spaces, add extra insulation around them. View the tips to avoid frozen pipes for more information.

Be ready for an emergency
Blackouts and snow-ins can occur during winter months, so take a moment to prepare yourself and your family for such emergencies. Having the following items ready will help you make it through safely.

  • Flashlights
  • Bottled water
  • Nonperishable food items
  • Blankets
  • Phone numbers for your utility companies
  • Battery backup to protect your computer and other important electronic equipment
  • First-aid kit

Decorate safely
'Tis the season to be festive, but remember to stay safe with your holiday decorations. Inspect the wires of your light display before switching them on—they may be frayed and present an electrical fire hazard. Same goes for the Christmas tree inside -- always check the light strands for any sign of wear and tear from being in storage. If you have a real Christmas tree, keep it watered, since dry trees catch fire easier. Check with your local municipality for instructions on how to dispose of the tree once the new year arrives.

Don't forget yard care
Even with the cold weather conditions, your yard still needs to be maintained. Make sure tree and shrub branches are well away from the house and windows. Icy conditions can cause branches to break and damage your home. Walk around your home and survey the roof to see if any ice dams have formed; call a contractor if you suspect this is the case. As you walk around your house, check the foundation for small cracks or openings where mice or other pests can tunnel in. Winter is when they seek the warmth of your house, so seal up any possible entrances. While you're outside, clear snow off gas meters and away from basement windows and your dryer exhaust vent.

Blue Devils drop home opener, 64-51

By Howard B. Owens

The Blue Devils, missing a couple of key players to start the season, dropped to 0-2 with a loss in their home opener to Athena, 64-51.

Andrew Francis scored 15 points for Batavia and Jake Humes added 11, with nine coming on three-pointers. Cam White scored six points. White also had three rebounds.

Joe Martinucci had seven rebounds and scored three points.

Ethan Biscaro, who suffered a knee injury in the state championship football game, Mason McFollins, and Caden White did not play.

For Greece Athena, Melvin Council Jr. scored 17 points and Kelvin Reaves Jr. scored 14 points.

The Blue Devils travel to Pittsford Sutherland for a game Tuesday.

In other boys basketball action Wednesday, Pavilion beat Letchworth 52-39.

In girls basketball: Attica beat Byron-Bergen 61-44; Oakfield beat Holley, 64-33; Alexander beat Pembroke, 43-36; Elba beat Wheatland, 65-45.

To purchase prints of photos click here.

Photos: Annual holiday remembrance service

By Howard B. Owens

H.E. Turner Funeral Homes hosted their annual Christmastime service of prayer and worship to remember loved ones who have passed in 2018.

Pastor Masha Rivers conducted the service at Northgate Free Methodist Church in Batavia.

Law and Order: Two people arrested on bench warrants

By Billie Owens

Matthew James Florian, 30, of Pratt Road, Batavia, was arrested on a bench warrant Dec. 11 for alleged failure to comply with the terms of his conditional release stemming from a DWI guilty plea. He was released on his own recognizance and was scheduled to reappear Batavia City Court on Dec. 13. The case was handled by Batavia Police Officer Jason Ivison.

Jennifer Nichole Wenner, 31, of West Main Street, Le Roy, was arrested on a bench warrant out of Batavia City Court on Dec. 11. Batavia police responded to an address on East Main Street in Batavia for a suspicious condition. While on scene, police took Wenner into custody. She was arraigned and released and is due in city court on Jan. 30. The case was handled by Batavia Police Officer Arick Perkins.

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