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Details emerge during opening statements and early testimony in Liberty Street murder case

By Lauren Leone

Jurors listened closely to opening statements and testimony about the bludgeoning death of 47-year-old Raymond L. Morgan, of 111 Liberty St., Batavia, in the third day of the Richard D. Hanes trial.

District Attorney Lawrence Friedman drew the attention of jurors as he described the brutality of Morgan’s death in his opening statement. Friedman told the jury that at least 24 blunt force trauma injuries, most likely caused by blows from a hammer, were sustained by Morgan’s body.

As he explained the timeline of events on the night of July 24, 2018, Friedman revealed the perpetrator dropped 12–15 feet from a second-floor window of Morgan’s apartment and fled the scene in the direction of Ellicott Street after the incident occurred. 

During the course of the investigation, Batavia PD investigators collected blood samples matching the DNA profiles of both Morgan and Hanes from a bathroom at 5 Thorpe St., Batavia, which is the rooming house where Hanes resided at the time. Friedman said detectives will testify to the significance of this finding later in the trial. 

In defense attorney Frederick Rarick’s opening statement, he described Morgan's murder as "bloody, vicious, in your face."

Rarick explained to jurors that Hanes was in the vicinity of the Liberty Street home on July 24 to purchase drugs from Morgan. Rarick emphasized that neither forensic evidence at the scene nor witness testimonies will prove Hanes as the perpetrator.

Rarick told jurors that police did not ask for blood or fingerprint samples from other witnesses once Hanes was questioned and his DNA sample was taken. Rarick’s last words in his opening statement — that Hanes had no motive to allegedly commit the murder — rang loudly in the silent courtroom. 

Damien Boyd was called by Friedman to testify because he lived at 111 Liberty St. and witnessed Morgan’s badly beaten body moments after the attack. Boyd said he briefly spoke to Hanes outside the house on July 24 about 10 minutes before he heard banging noises coming from Morgan’s room. 

Boyd said he saw an air conditioning unit thrown from the window of Morgan’s room and a white male drop to the ground shortly after. Boyd observed blood on the man’s hands, but he could not identify the individual due to the poorly lit surroundings. 

Boyd said that the man who had fallen picked up an object Boyd described as "1 ½ to 2 feet long with an L shape on the end." Yet, Rarick pointed out during cross-examination that Boyd previously failed to choose the correct hammer from a lineup of eight hammers, one of which was the weapon used in the beating.

Hanes faces a life sentence if the jury returns a guilty verdict for his second-degree murder charge. Jurors will draw nearer to a verdict today in Genesee County Court.

Jury impaneled in the Liberty Street murder case, testimony begins today

By Lauren Leone

Jurors have been selected in the case of Richard D. Hanes, who is charged in the bludgeoning death of Raymond L. Morgan, 47, of Batavia.

After two days of questioning prospective jurors, defense attorney Frederick Rarick and District Attorney Lawrence Friedman selected a jury composed of eight women, four men and six alternates who swore to serve as unbiased fact-finders in the case. 

Hanes, a 37-year-old former Holley resident, is facing a second-degree murder charge after allegedly beating Morgan beyond recognition in his 111 Liberty St., Batavia, apartment last July. 

Morgan was pronounced dead when police arrived at the scene. Morgan's cause of death was blunt force trauma to the head. Batavia PD officers and detectives are expected to testify to their investigation in the coming days of testimony.  

Friedman repeatedly asked juror candidates yesterday whether the use and sale of illegal drugs would affect their fairness since Morgan had a previous conviction for criminal possession of a controlled substance.

Rarick urged potential jurors to admit whether graphic testimony and images of the blood-covered crime scene would cause them to be impartial. Judge Charles Zambito excused a few juror candidates when they said that the forensic evidence may be too overwhelming.

The jury will now have the opportunity to listen as attorneys deliver their opening statements and question witnesses at 9:30 a.m. today in Genesee County Court. The first day of testimony coincides with the anniversary of Morgan’s death.

Video: Medal of Honor recipient David Bellavia receives the Key to the City in Batavia

By Howard B. Owens
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In a short ceremony at City Hall, Medal of Honor recipient David Bellavia received the Key to the City from Batavia City Council President Eugene Jankowski.

Following the ceremony, Bellavia met and spoke with every single person who came to the ceremony and stayed for the chance to meet him, shake his hand, take a selfie, and even hold his Medal of Honor.

Following the event, Bellavia participated in a short press conference inside City Hall. That video is below.

Nic Ready homers in Batavia for first time, leading Muckdogs to 4-1 win

By Howard B. Owens
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Press release:

As a senior at the Air Force Academy in 2018, Nic Ready won the NCAA Home Run Derby at TD Ameritrade Park in Omaha, Neb., when he hit a record 55 home runs in three rounds for the title.

During his senior season, he hit .341 with 20 home runs.

A 23rd-round draft pick of the Miami Marlins this year, Ready hit his first home run in Batavia (his second on the season) as the Batavia Muckdogs defeated the Mahoning Valley Scrappers, 4-1 on Monday.

Batavia (23-14) is in first place in the New York-Penn League Pinckney Division.

Ready, who is now hitting .293, had a 3-for-4 day with two runs and his home run gave Batavia a 1-0 lead in the seventh.

With the game tied 1-1 in the eighth with two outs, Troy Johnston a 17th-round pick of the Marlins this year, ripped a 2-RBI double off the right-center wall to give Batavia the lead for good.

“I thought it was gone, I did, it was an awesome feeling, you love when you get a ball like that in a situation like that,” Johnston said. "Milton (Smith II) starting it off with a hit (in the eighth), Nic Ready squeaking one through and Andrew Turner got us an insurance run. Hitting is contagious especially with two outs.”

A crowd of 1,139 saw the Muckdogs win on Kids Day.

"The kids were awesome, they were loud, they got after it, I loved it. It was a great atmosphere here in Batavia,” Johnston said.

Batavia has the two top hitters in the NYPL and they both contributed, as J.D. Orr (.368) had a hit and Smith (.352) had a hit and a run. Orr was a 10th-round draft pick this year and Smith went in the 22nd round last year to Miami.

Andrew Turner, a 39th-round pick in 2018, continued his recent hot streak as he is hitting .329 in his last 10 games and .299 on the season. He had two hits including an RBI double.

On the mound, Evan Brabrand continued his dominating season.

Brabrand, a ninth-round pick this year out of Liberty University in Lynchburg, Va., is now 2-0 with seven saves in nine mound appearances. He has struck out 14 in 9.2 innings and given up one run for a 0.93 ERA. on Monday, he had one strikeout in 1.1 innings, one hit allowed and no runs.

Starter Easton Lucas had a shutout for the three innings he pitched, struck out four and did not walk a batter. Lucas, a lefty, is a 14th-round Marlins draft pick this year out of Pepperdine University in Malibu, Calif., and he has a 1.69 ERA.

Lefty Dakota Bennett went 4.2 innings, struck out two, gave up two hits and no earned runs.

The pitching is phenomenal, I am just glad I’m on the other side,” Johnston said.

Right after the game, the Muckdogs left for West Virginia for three games with the Black Bears. The Muckdogs are home Friday and Saturday at 7:05 p.m. with Williamsport and Sunday at 5:05 p.m.

The game Saturday is sponsored by Tompkins Bank of Castile and free general admission tickets are available at the box office while they last.

Tickets are available at muckdogs.com or stop by the Dwyer Stadium Ticket office between 10 a.m. and 5 p.m. during the week. The number is 585-483-3647.

Muckdogs drop a close one, 5-4

By Howard B. Owens

Press release:

Even when the Batavia Muckdogs lose, they find a way to keep the crowd excited to the last out.

The Muckdogs ended a 3-game win streak with a 5-4 loss to Mahoning Valley on Sunday.

The Muckdogs play at home at 11:05 a.m. on Monday as part of Kids Day and a special for fans age 55 and over. Tickets for anyone 55 and older is just $2 and there will be food and drink specials as well.

On Sunday, Mahoning Valley jumped out to a 5-2 lead in the sixth and held off a Batavia rally to win.

Batavia remains in first place in the New York-Penn Pinckney Division with a 22-14 record and Mahoning Valley is 18-18.

J.D. Orr had another strong game going 2-for4 with two runs and is now hitting .369 on the season, jumping just ahead of teammate Milton Smith III (.356) for the top average in the NYPL.

Dalvy Rosario (two runs), Nic Ready and Ronal Reynoso all had hits while Jack Strunc and Andrew Turner had RBI's.

Starting pitcher Edgar Martinez went four innings and struck out three, Jonaiker Villalobos, who took the loss, struck out one in .2 innings.

Jeremy Galindez went 2.1 innings giving up two hits and struck out one.

Edison Suriel lowered his ER to 1.69 throwing two scoreless innings one one-hit ball with four strikeouts to keep the Muckdogs in the game.

Tickets are available at muckdogs.com or stop by the Dwyer Stadium Ticket office between 10 a.m. and 5 p.m. during the week. The number is 585-483-3647.

Photos by Jim Burns

Minor injuries reported in five-car pile up on the Thurway

By Howard B. Owens

A five-vehicle accident is reported on the Thruway in the area of mile marker 385.9 in the westbound lane.

Minor injuries are reported but traffic is blocked.

Town of Batavia Fire and Mercy EMS dispatched.

Dog locked in black Ford Expedition in BJ's Plaza in handicapped spot

By Billie Owens

A dog is locked in a vehicle in this sweltering heat in the parking lot of BJ's Warehouse in Batavia. The caller reports it's in a black Ford Expedition parked in a handicapped space without a handicapped placard displayed.

It's 88 degrees and there's heat advisory in effect until 6 p.m.

An animal control officer is responding.

Sponsored Post: The Genesee County Fair - Family Day/Drive Your Tractor to the Fair Day

By Lisa Ace


Saturday, July 20 – Family Day/ Drive Your Tractor to the Fair Day

  • 8:30 a.m. – NIOGA Dairy Show (Main Show Ring)
  • 9 a.m. – 4-H Horse Show – Gymkhana Division (Horse Arena)
  • 10 a.m. – Exhibition Halls & Buildings Open
  • Noon -- Small Fry Tractor Pull (Exhibition Building) Sponsored by Upstate Niagara Cooperative, Genesee County Pamona Grange, and Duane Schmigel
  • Noon – Midway Opens, Wristband Special from Noon to 4 p.m.
  • 4 p.m. – 4-H Market Auction Master Showman Contest (Main Show Ring)
  • 6 p.m. – Racing at Genesee Speedway
  • 7 to 11 p.m. – Band – Under the Gun (Entertainment Tent)
  • 10 p.m. – Exhibit Halls & Buildings Close

Events & times subject to change. Follow us on Facebook to keep up-to-date with changes.

Batavia Downs Concert, Gin Blossoms

By James Burns

Batavia Downs Concert series continued on Friday night with the Gin Blossoms.

As their breakthrough hit of 27 years ago “Hey Jealousy” says, “the past is gone, something might be found to take its place.” What has taken the place of the past is a renewed and refreshed Gin Blossoms.

The band has gone through a lot of transformations. They have broken up, reformed and two years ago had their most successful tour ever.

Tonight they played their hits from their quadruple platinum record “New Miserable Experience” mixed in with their new catalog of music. 

Singer Robin Wilson (pictured above) sang with more fervor and emphasis on some of the more recent songs.

The band has been very busy touring and they looked comfortable and rested as they lounged outside at Batavia Downs before they went on stage. Critics are calling their work of the last two years some of their best.

Tonight’s entertainment started at 4:30, but the crowd was lit up until 30 minutes before the Gin Blossoms took the stage. By 8:30 the crowd had almost filled the entire infield of the track. 

Saturday Batavia Downs hosts BataviaStock from 1 to 9 p.m. Live racing returns to the Downs this coming Wednesday July 24th. The next performance in the concert series is Kenny Wayne Shepherd Band July 26th

Medal of Honor recipient David Bellavia to receive Key to the City on Tuesday

By Howard B. Owens

David Bellavia, who received the Medal of Honor on June 25, will receive the Key to the City of Batavia in a homecoming program at 2 p.m., Tuesday.

Bellavia will be honored by city and county officials and will be asked to make a few remarks in a short program in front of City Hall.

Since receiving the Medal of Honor, Bellavia has been on the road almost constantly, traveling to New York City and Los Angeles to make public and media appearances on behalf of the Army.

President Donald Trump presented the Medal of Honor to Bellavia during a ceremony at the White House last month. Bellavia is the first living combat veteran from the Iraq War to receive the nation's highest military honor.

The award was presented for his heroic actions, saving the lives of his entire platoon, during the Second Battle of Fallujah on Nov. 10, 2004, which also happened to be his birthday. Bellavia distinguished himself by taking on a stronghold of insurgents single-handedly, killing four and seriously wounding a fifth.

A brass band is expected to play during the program and local veterans will be attendance to honor Bellavia, a Batavia resident.

The public is invited to the event.

In the event of rain, the program will be moved to the interior of City Centre, just inside the doors of City Hall.

City offices will close temporarily at 1:30 p.m. Tuesday and Jefferson Avenue will be closed during the program.

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Previously:

Bike run, BBQ, live country music with JB Aaron and more on tap at Batavia VFW Saturday to help vets and soldiers

By Billie Owens

Submitted photo of national country music recording artist JB Aaron will perform a fundraising concert Saturday at the Batavia VFW to help reduce the suicide rate among vets and solidiers.

Information from Western New York Chapter 19-6 of the Combat Veterans Motorcycle Association:

Did you know that every day in the United States, on average, 22 of our nation's veterans/soldiers take their own life? That number is more than 128,000.

That means that there have been more suicides since the 9/11 attacks, than there have been combined deaths in combat from the Korean War all the way through Operation Iraqi Freedom. This trend has to stop.

To help get these suicides down to zero, "Operation 22-0" -- 0 > 22 -- of the Western New York Chapter 19-6 of the Combat Veterans Motorcycle Association is again hosting a memorial ride and fundraiser tomorrow (July 20) at the VFW Veness Strollo Post 1602 in Batavia.

It will assist our veterans with the help they need to try to get that number down to nothing.

Operation 22-0 is an amazing group of people help vets and their families in any way they can.

You are invited to join them for a day of motorcycling riding, good food, fun and live country music for a good cause.

The day starts out with a motorcycle run. Registration starts at 11 a.m. Kickstands up at noon; ride until 3 p.m. The ride donation is $10 per motorcycle.

Cash bar afterward, and $20 for dinner starting at 4, plus a chance to win a door prize. Food by Babz BBQ includes pulled pork, chicken and side dishes.

The post's banquet and bar area is huge and air-conditioned; a great place to cool off on what is expected to be a scorcher!

Hear live music until 8 p.m.

Rochester's own Worthy Duncan and Josh Shaff will perform, followed by national recording artist JB Aaron, who along with his band the Brethren, donates much of his free time to organizations such as this. Aaron supports and gives back every chance he can.

Please come out and join us as we help those who have helped our country for so many years. They have helped us, now its our turn.

The VFW Veness Strollo Post 1602 is located at 25 Edwards St.

To learn about the history of the motorcycle group, click here.

To visit their Facebook page, click here.

Below is a video produced by Cosmic Video of JB Aaron and the Brethren performing "Cadillac Bound" in June 2018 at the American Warrior Festival at The Ridge in Le Roy.

Batavia 24U beats Clarence 10 to 4 to remain unbeaten

By Billie Owens

By Dan McComb:

The Batavia 24U Baseball Team beat Clarence at home 10-4 yesterday to remain unbeaten at 11-0 on the season.

Batavia banged out 13 hits including a 4-for-4 effort from Jerry Reinhardt. Dion Rosalina hit a two-run home run and knocked in three runs, and Burnie Jonis had two hits and three RBIs.

Also collecting RBIs were Casey Radka, Reinhardt and Luke McComb. Ryan Mullen and AJ Marcello also collected two hits.

Rosalina staked Batavia to a 2-0 lead in the bottom of the first iinning with a two-run blast over the left field fence.

Clarence would take the lead 3-2 with three runs in the top of the fourth inning. However, Batavia answered with four of their own in the bottom of the fourth inning, the key hit being a two-run single by Jonis.  

After Clarence cut the lead in the top of the fifth to 6-4, Batavia answered with another run to go up 7-4 after five.

Batavia put the game away with three more runs in the bottom of the sixth inning with hits from Mullen, Jonis and Reinhardt contributing to the three runs.

Reinhardt and Radka hurled for Batavia, allowing four runs (three earned).

Batavia’s next and final game is on the road against Lockport. Batavia has never beaten Lockport on the road.

Batavia drops contest to Auburn 5-4

By Howard B. Owens

Muckdogs shortstop Dalvy Rosario goes deep in the hole to throw out a runner by half a step on Thursday. Rosario went 3-for-5 with a RBI double.

Submitted photo and press release:

Trailing 5-2 in the ninth, J.D. Orr led off with a walk, Dalvy Rosario hit a RBI double then Troy Johnston singled in Rosario. However, Pearson McMahan came in and struck out all three batters he faced for his third save of the season.

Both teams combined to leave a staggering 46 runners on base, 25 for Auburn, 21 for Batavia.

Batavia (19-13) remains in first place in the New York-Penn League Pinckney Division and will play at Auburn tonight (July 19) at 7:05 p.m. before returning to Dwyer Saturday.

Rosario finished 3-for-5 with a run while Johnston, Jack Strunc and Dustin Skelton each had two hits. Nic Ready added a RBI double.

On the mound, Bryan Hoeing, a 2019 seventh round draft pick out of Louisville tossed three scoreless innings with a strikeout. His ERA remains 0.00 on the season. Edison Suriel had another strong outing with four strikeouts in two scoreless innings without allowing a hit.

The Muckdogs are at home on Saturday with fireworks at the ball park following the 7:05 p.m. game with Mahoning Valley. The theme is Beach Boys music for the fireworks, which was sponsored by Farm Credit East.

On Sunday, the Muckdogs play at 5:05 p.m. as kids can run the bases, there will be an autograph alley and it is Muckpups funday, a kids club day.

Tickets are available at muckdogs.com or stop by the Dwyer Stadium Ticket office between 10 a.m. and 5 p.m. during the week. The number is 585-483-3647.

Kayaking at DeWitt Pond rescheduled for next month due to heat wave

By Billie Owens

Press release:

Kayaking at DeWitt Recreation Area has been cancelled for Saturday, July 20th, due to inclement weather.

It has been rescheduled to Saturday, Aug. 10th. Preregistration is required on or before Thursday Aug. 8th, call 585-344- 1122.

Seize the day with a guided kayak tour of DeWitt Pond! Explore the pond by water and discover a new world.

  • Session 1 takes place from 10 a.m. to 12 p.m.
  • Session 2 takes place from 1 to 3 p.m.

Meet at the boat launch at DeWitt Recreation Area. No experience needed, a beginner kayaking lesson is provided! Rent a kayak or bring your own. Kayak rentals with life vests are provided by Adventures in Fitness Inc. Solo kayak rentals are available for ages 12 and up, tandem kayak rentals are available for kids under 12 and must be piloted by an adult.

Guided tour fee is $20/person without rental or $25/person with kayak rental per session. Fee for children under 12 is $12 per session. Maximum 20 participants per session.

For more information visit our website at http://www.co.genesee.ny.us/departments/parks/, or contact Shannon Lyaski at Shannon.Lyaski@co.genesee.ny.us or (585) 344-1122.

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