batavia

All too often a person with a mental illness cycles in and out of the criminal justice system, never really getting the kind of assistance he or she needs to break the pattern.

They may stop taking their meds, get high on drugs or alcohol, and wind up committing a crime. They are no less culpable for their actions, but they can make better choices, move forward and be less likely to get into trouble, if they plug into the many resources available to them in Genesee County.

So say the proponents of the Mental Health Treatment Court, which is a new division of Batavia City Court. It accepted its first case last June, before being officially designated as a mental health court in November.

On March 23, an opening ceremony will take place at the courthouse with many of the stakeholders present, including the Hon. Robert J. Balbick, who also presides over city and drug treatment courts and the "veterans' track" cases.

He has spent 20 years on the bench and during that time has seen the growth and advancement of treatment courts.

"People who have mental-health issues, traditionally, haven't been dealt with effectively by the criminal-justice system," Balbick said. "People with a mental illness will not respond in the same way to ideas, programs, etc., as a person without a mental illness.

"We run our court differently. We're trying to encourage, to put people in a place where they can take control of their lives. We are not as coercive. ... Mental health is different than other treatment courts and the (public) response to it is different than others."

Chief Court Clerk Linda Giambrone said the plans for the opening are definately unlike any other held at the courthouse to date. A flautist will play softly before and after the ceremony, a classical guitarist is being sought to perform and art works produced by the mentally ill will be showcased. There's a brunch reception afterward.

"Sometimes the treatment courts are seen as 'soft justice,'" Balbick said. "But they're not. We make that person accountable -- maybe financially, certainly to the community. Hopefully, the person doesn't recycle back into the system. I'd rather see them go through the treatment process."

That process typically begins with recommendations from law enforcement, the public defender's office, doctors and other professionals. Resource Coordinator Nicole Desmond, who has a strong background in the mental-health field, reviews these and is part of a team which evaluates whether a defendant is a good match.

The team includes representatives from Genesee County Mental Health, Mental Health Association in Genesee County, ACE Employment, Horizon Village Recovery Center, GCASA, Atwater House, Genesee Justice, the D.A.'s office, public defenders' office and assigned counsel.

Desmond's job at the courthouse is to bring together a variety of providers and services to address these unique and often complicated cases.

"With the decentralization of psychiatric hospitals, people have fallen through the cracks," Desmond said. "I think this is a positive way to get people to take better care of themselves."

Of course, the major of people living with mental illness never see the inside of a courtroom because they've never broken the law. They are productive citizens who hold jobs, go to school, raise families, etc., despite their diagnoses.

The prime candidate for mental health court has committed a crime but is not a threat to others. It has been determined he or she has mental health issues that are biological in nature, apart from any other issues, like behavioral problems and substance abuse, which often compounds the complexities of these cases.

Currently, 11 people are participating in the mental health treatment court, which is held from 3 to 3:30 p.m. on Thursday in the Batavia City Court. Their diagnoses include: traumatic brain injury, mental retardation, developmental delays, post-traumatic stress disorder and serious mental illness. Eight of the cases also have an alcohol and/or substance abuse diagnosis and are active in outpatient treatment.

For now, only people eligible to have their cases heard in Batavia City Court can participate. But if someone say, from Pavilion, also had a diagnosed substance abuse problem, a recommendation for mental health court could be considered.

"We give people opportunities to link to treatment to help themselves," Desmond said. "We focus on treatment, we monitor them and help them stay connected rather than just getting into trouble and going to jail. Somebody can live with mental illness but they function better if they are plugged in."

With the exception of hiring Desmond, there have been little or no public expenditures to create and run the mental health court, according to the judge. He admits it means more work for the public defenders' office, because the cases are often more complicated and therefore more time consuming.

But the other key entities are already in place and operating. It's just a matter of pulling the resources together, like working a puzzle, to get the best outcome, the judge said.

People who receive or qualify for SSI, Medicare and Medicaid don't have to worry about paying for treatment, thanks to taxpayers, who also foot the bill for the costs of incarceration.

But the working poor, those with only catastrophic health-care coverage and those who can't afford to pay high co-payments struggle the most in trying to fund their mental health treatments. A "sliding scale" based on the ability to pay helps.

One of the biggest problems the Mental Health Treament Court faces is the lack of bed space for treatment and the availability of housing.

"It's a systematic problem," Balbick said. "One thing that's not available here is a crisis center. In an emergency situation, our options are limited to incarceration or a civil commitment to a hospital. That's one of our challenges."

Notice of foreclosure for unpaid taxes have been filed against more than a dozen property owners in the city.

Property owners have until May 14 to pay the back taxes or face foreclosure and have their properties put up for auction.

The properties listed by the city, with amounts owed, are:

606-622 E. Main St., Andrew Mistler, $23,375
643 Ellicott St., Rear, Chess, LLC, $306
13-15 Jackson St., Rear, C.L. Carr Properties, LLC, $2,939
4 Cherry St., Barbara A. Suozzi, $15,876
507 Ellicott St., Margaret J. Colantonio, $15,389
20 Franklin St., Maxin P. Johnson, $14,527
151 Harvester Ave., Jeffrey C. & Diane M. Shultz, $12,191
3 Manhattan Ave., David R. Foley, $21,190
16 Oak St., Mary M. Sorce, $10,707
11-13 Raymond Ave, Philip R. Zickl, Jr., $17,298
48 Riverview Parkway, DVM Corp., $649
21 South Lyon St., Richard S. and Tamara E. Ishmael, $21,544
132 Summit St., Thomas and Mary L. Geary, $4,705
1 Union St., Douglas C. and Lori A. Veltz, $21,027
308 Washington Ave., Rose L. Nigro, $3,585

One name that may jump out at readers is Mistler. I spoke briefly with Ken Mislter about his properties and he said there was a misunderstanding with the city. He said he's been working with the city to resolve the issue and the matter will be settled shortly.

This list originally appeared in the PennySaver. Part of the original list was 643 Ellicott St., Rear, owned by Hanson Aggregates. Those taxes have been paid, according to City Clerk Heidi Parker.

Benjamin G. Evans, 21, of 23 Lincoln St., Le Roy, was arrested by Le Roy Police at 6:28 p.m., Thursday, on a bench warrant out of Batavia City Court. Evans reportedly failed to comply with the terms of a release-under-supervision agreement. Evans was originally charged with criminal possession of a controlled substance, 7th, in August 2009. Following his arrest by Le Roy Police, he was turned over to Batavia Police and jailed on $3,000 bail.

Summer Ogden, 33, of 112 State St., Apt. #2, Batavia, is charged with DWI, moving from lane unsafely, failure to notify DMV of address change and unsafe tires. Ogden was stopped at 1:45 a.m., Friday, by Officer Dan Coffey on West Main Street.

A Batavia mother who tried to kill her baby was sentenced to three-and-a-half years in prison yesterday in Erie County.

Marcia Mitchell tried to smother her baby while they were at an Erie County hospital following a house fire in 2008.

The Buffalo News reports:

“I realize I made a horrible mistake. I miss my children exponentially,” Mitchell told the judge.

Mitchell, 29, said that at the time of her crime, she was “under extreme stress,” with both of her daughters hospitalized. She said she got no help from family members after her Batavia flat was destroyed in an April 2008 fire.

Unless experts determine otherwise, Mitchell will not be able to see her baby until 2019.

Andrew John Cianfrini, 21 months, was supposed to spend the weekend of Nov. 8 with his father and stepmother in Elmira. He never came home.

The infant died Nov. 10. Elmira police now say the child's stepmother, Melissa S. Englehardt, 24, put Methanol, an ingredient in anti-freeze, in a drink and served it to him.

Andrew lived with his mother, Kristen Cianfrini, in Batavia.

Englehardt has been charged with manslaughter, 1st.

The child's father is George Englehardt.

Genesee ARC introduced its new Community Center tonight in a special program that included an art exhibit by ARC clients and a presentation on the organizations fundraising campaign.

Genesee ARC acquired the former St. Mary's School at 38 Woodrow Road, Batavia, two years ago and is in the process of completely remodeling the facility to meet the needs of clients and families.

The project will cost more than $1.4 million, with $750,000 of the funds necessary for the project coming from private donations. So far, 59 percent of the total has been raised, and Genesee ARC is looking for other community members to step forward and help with the fundraising drive.

Tom Houseknecht and his wife Lynn are co-chairs of the campaign. The Houseknecht family has been involved with Genesee ARC from its earliest days. Tom's parents, Ralph and Agnes, lost a developmentally disabled child who was 3 years old and realized the need to support families with developmentally disabled children. The entire Houseknecht family has been involved in supporting Genesee ARC for nearly 35 years.

"We have received much more than we have given, as we have all experienced the special gifts of these individuals and the families that ARC serves," Tom Houseknecht said.

The new facility will offer a culinary arts program, a creative arts room, family support services, recreation and physical fitness and a resource center.

Tonight's program included a showing of art work by several Genesee ARC clients. The featured artist was Henry James Stratton II (pictured below), also known as "Hank," or, in Challenger Baseball season, "Hammerin' Hank."  Hank likes to paint super heroes and villains, but his 11-piece exhibit included a sunset, a zoom mobile and a birthday bonanza.

Several of the artists wanted to have their pictures taken tonight. Please take a moment to click the "read more" link below to see the pictures of these artists and their works.

Joe Gear and his piece, "America."

John Brown with "Train Going Into Station" and "Train With Smoke." John made the wooden frames.

Mary Abella with her son Vincenzo Falcone and his piece, "John 3:16."

Kathy Gartz with "Butterlies."

Every year St. Paul Lutheran School in Batavia celebrates “National Lutheran Schools Week”. It is a week dedicated to celebrating the uniqueness of Lutheran schools across the nation. This year St. Paul chose to make their theme “Numbered with the Saints.” So every day this past week they have had events that had to do with numbers and math. Yesterday the children invited their grandparents to come to the school to see what their usual day is like and also performed a play for them. Today was “The Math Olympics”. Each of the fourth and fifth grade students ran a different station which had to do with some kind of math. Then the younger children teamed up and went around to compete in each “event.” At the end of the day the team with the most points won a prize of treats and goodies.

The video below gives a quick glance at what the afternoon was like.

(Updated 3:18 p.m.)

The wells of three homes on State Street Road in the Town of Batavia have been contaminated by the deadly bacteria known as e-coli, according to the county's Interim Health Director Randy Garney.

The likely cause of the contamination, according to Garney, was the spreading of manure on nearby farm fields.

The three homes are located between the airport and the Genesee County Emergency Management Office.

Residents contacted the health department Monday complaining about discolored water and a funny smell, Garney said. The water was tested on Tuesday and positive results came back Wednesday.

Resident Joe Pionessa (pictured), who has lived on State Street for 22 years, said his water tested positive for bacteria, but no e-coli, though he believed neighbors on both sides of him did have e-coli in their well water.

He said it wasn't a big deal. He doesn't drink water ("I know what fish do in it," he said), and he thinks his water has already cleaned up quite a bit (he dumped chlorine in it after noticing the funny smell on Thursday).

He doesn't want negative publicity for the farmer, whom he said he's known for years and he believes was following state guidelines.

"Stuff like this happens and he certainly didn't do anything maliciously," Pionessa said. "He was very apologetic. Shit happens, and this time it happened here."

Somebody, he said, possibly the farmer, left three cases of bottled water yesterday on Pionessa's front steps.

Letters have been sent to 44 of the surrounding home owners in both Batavia and Elba warning them of the potential contamination and asking them to contact the health department to have their water tested if they suspect any contamination.

The test is free.

Emergency Management Coordinator Tim Yaeger said test results of the well water at the county building came back negative this afternoon. Not that it mattered much, Yaeger said, since personnel there have drank bottled water since the day the facility opened.

Because the wells were contaminated from a ground water source, it's probable that the residents will never again be able to use the wells for potable water.

Town of Batavia Supervisor Greg Post said the Town has already started the process of helping the residents determine if they want to create a water district and hook their homes into the public water system.

This sort of contamination is a common issue in the Town of Batavia, according to Post.

"We anticipate that this will be an issue until every household in the community is on public water," Post said. "The only solution to this is to ensure that well water is no longer the primary source of water because all well water is at risk."

While the town doesn't supply water, they do have resources available to help with getting the engineering done, the cost analysis and setting up the process of putting homes on public water

"There is a process and we’re certainly already mobilized," Post said.

There was a similar problem on Ellicott Street Road two years ago, where a farmer was "guilty of farming" -- spreading manure in accordance with state regulations -- and more than 100 homes were effected by e-coli contamination. The town was able to help expedite the process of getting the homes on public water.

Growth is what most small business owners aim for, and Marc and Michelle Johnson reached an important milestone last month -- they moved from retail space they rented on East Main Street, Batavia, to a location on Washington Avenue that they own.

The Johnsons set up shop for Millennium Computers, founded in Batavia in 1997, in the former real estate office of Feary Cohen.

Marc Johnson said he had been planning for a couple of years to move Millennium into space he owned and bought vacant land on Washington next to the Cohen office a couple of years ago.

This past summer, he said, Howard Cohen called him and offered him the Feary Cohen space. It was a deal he couldn't pass up, he said.

"As an entrepreneur, you want to keep reinventing yourself," Johnson said.

While the new space is smaller, that's better Johnson said. It enables him and his staff to work more efficiently. They can handle multiple projects more easily.

It also helps that they were able to redesign the office -- which is based on a plan created by Michelle -- to suit their needs.

The office is designed, he said, for efficiency and openness, so that when needed, customers can work directly with the tech fixing or upgrading their computers.

And there's room to grow, either on the vacant parcel to the east or on the south side of the building.

"If business continues to increase the way it has over the past two years or so, I don't see any reason why we won't be able to expand," Johnson said.

Reginald Wilson, charged with burglary, 2nd, and facing a possible life prison term for his alleged part in a break-in on State Street in September, has a new attorney.

Wilson has hired Fares Rumi of Batavia. In court this morning for the change of attorney notice, Rumi politely asked Judge Robert Noonan if his client might have a chance to reconsider a plea offer he turned down a week ago.

"No Mr. Rumi, it doesn’t work that way," Noonan said. "His time is gone."

Rumi replied, "we're ready to proceed to trial."

The trial is scheduled to begin with jury selection at 9 a.m., March 29.

Wilson will be tried on charges of burglary 2nd and criminal possession of stolen property. If convicted of either, District Attorney Lawrence Friedman could ask Noonan to impose a life sentence.

The 37-year-old Rochester resident have five prior felony convictions.

Three other individuals were reportedly involved in the alleged burglary, which frightened a woman who was home at the time. Two of the alleged cohorts have said in statements that Wilson did not participate in the burglary.  One individual will testify that Wilson was there.

Wilson was arrested, reportedly, after beging caught driving a car stolen from the residence.

Previously, Friedman offered Wilson a felony conviction of possession of stolen property and 2- to 4-years in state prison.

In other court news:

Warren T. Cotton, accused of operating a meth lab at 13 Ross St., Batavia, will be arraigned in Federal court this afternoon on a charge possession with the intent to manufacture substances with a detectable amount of methamphetamine. The local charges against Cotton will be dropped.

Chad M. Johnston, 23, who admitted Feb. 24 to attempted burglary, 3rd, for a break-in at 15 Fairway Drive, Batavia, was sentenced today. Johnston will serve 1 1/2 to 3 three years in supervised parole. Johnston will first serve six months in a drug rehab program at Willard Drug Treatment Campus.

Rebecca Jo Cornell, 35, of 439 Sandhill Road, Caledonia, is charged with trespass. Cornnell is accused of going into the Batavia Target store after being barred from the store for allegedly shoplifting in January.

Robert May, 66, of 9339 Warsaw Road, Le Roy, is charged with DWI, consumption of alcohol in a motor vehicle and no or inadequate headlights. May was stopped at 7:27 p.m., Wednesday on Park Road by Deputy Bradley Mazur.

After beating Wellsville (17-5) at the Blue Cross Arena last night 64-41, the Batavia Blue Devils advance to the Far West Regional title game.

Batavia will play Olean (20-2) at 4 p.m., Saturday, at Buffalo State College.

Co Co Irvin led the Blue Devils with 19 points. Andrew Hoy and Josh Budlong each added 15 points. Justin Washington scored nine points and had 11 rebounds. Budlong had 5 three-point goals.

It's going to be a struggle to get through the next month, says Robin Lewin. She, her husband and two teenage daughters are living in an RV parked in the driveway of 28 South Main St., Batavia.

The house they rented there was knocked off its foundation Monday afternoon when it was struck by a truck reportedly driven 19-year-old Louis M. Reeb, of Corfu.

Reeb has not been charged with any crimes yet, but Lewin said investigators have been asking her and her husband questions.

Reeb remains in Strong Memorial Hospital in satisfactory condition.

The pickup slammed into the west side of the two-unit house and demolished the steps leading to the second-floor entryway. Two-by-fours now prop up the west wall.  The east wall is bowed and the cinder-block chimney is cracked at the seams between two blocks.

The second-floor tenant, Luz Castro, was nearly struck by the truck as she waited outside for her daughter's school bus. We have no word on where Castro is staying now, but the Lewin family is preparing to move.

They are getting their belongings out of the portion of the house they are allowed to access (at least one room is locked off because of safety concerns) and moving them to storage.

"I don’t know what we’re going to do," Lewin said. "My youngest daughter’s got three more months to graduate and after that we were going to leave state."

This month, she said, they don't really have enough money for necessities. Her mother, Barbara Waterstraw, a Newark resident, was visiting Monday and in the house at the time of the accident. She has sent some money to help, but Lewin said it's still not enough.

Her husband David works in landscaping, but that business hasn't started for the season yet.

David and Robin have two daughters, Amanda, who has graduated high school, and Danielle, who attends Batavia High.

"We’ll be fine by next month and then we’ll have money for heat and food and stuff like that," Lewin said. "We’ll be fine. It’s just that this month we’ll be struggling with everything."

It was a twist of fate that Robin was even home the day of the accident. She had originally been scheduled for heart surgery in Rochester, which was why her mother was in town, but after further examination that morning, her doctor determined the surgery was unnecessary.

"I was thinking, what would happen if he did the surgery and the girls were in the house all by themselves?" Lewin said. "They were going to stay by themselves for one night. I thank God that he let me come home. I just thank God nothing happened to them."

Zach Walsh casts his lure into an inlet of the Tonawanda Creek by Law Street, near where he lives. The 16-year-old said the inlet is one of his regular springtime fishing holes. Last spring, he said, he caught a pretty good pike there. Zach was kind enough to fill me in on a few other good spots right in the neighborhood.

Elba Central School District is leading Genesee County schools in the percentage of students who graduate from high school, according to a report released by the New York Education Department.

Elba's 97-percent graduation rate is well above the state average of 74 percent.

Superintendent Joan Cole told WBTA that teachers pay close attention to each student in Elba.

"Where there's a concern in terms of student academic performance or any other struggles a child might have in the classroom, we're able to right away address it through working with the family to make sure the students are successful," Cole said. "Teachers are very attuned to the kids."

None of the schools in Genesee County fell below the state average, but Alexander High came close, with a 76-percent graduation rate.

Batavia's rate was 81 percent.

Principle Chris Daly said because Batavia is larger and in a bigger population area, it has different dynamics to deal with.

"Our goal every year is to get to 100-percent graduation," Daly said. "We look to incrementally increase each year to get there."

He also faulted the state report for not considering the students who complete their education at BOCES, which may take five years.

"That sometimes delays graduation on time," Daly said. "The way the state counts it, they're not graduating on time, yet they'll come out with a skill that will earn them more than some college graduates will have for starting pay."

The other schools: Byron-Bergen, 87 percent; Le Roy, 86 percent; Oakfield-Alabama, 80 percent; Pavilion, 91 percent; Pembroke, 88 percent.

Batavia had 200 freshmen in 2005, the biggest class in the county. Elba's was the smallest, at 33. The next smallest was Alexander with 70.

(via WBTA)

Jessica L. Culver (a.k.a Jessica L. Langmaid) has been indicted on a charge of grand larceny, 3rd. Culver is accused of stealing property between Oct. 29, 2008 and March 17, 2009 from Tonawanda Valley Federal Credit Union with a value in excess of $3,000.

Amanda J. Richardson is indicted on two counts for falsifying business records, 1st, and two counts of petit larceny. Richardson is accused of falsifying a money order record and of stealing $54 from the Mother Goose store in Elba on July 14. She's also accused of falsifying a deposit envelope and stealing $100 on July 24.