batavia

The story this morning of an inmate who died while in Genesee County Jail custody had a familiar ring to it for a local man who spent four months in the jail back in 2001.

After developing apparent health problems, it took the Batavia resident days to get in to see a nurse, he said, and then she told him he had hemorrhoids and sent him back to his cell.

Days later and after more complaints, she saw him again and gave him suppositories.

After a month of illness and little to no treatment by jail staff, the man said, he collapsed on the jailhouse floor and was taken by ambulance to UMMC.

There, Dr. Bernard Asher found that he had advanced colitis and would soon lose his colon without proper treatment. He was transferred to ECMC for acute hospital care.

The local resident asked that we not use his name to protect his privacy, but he provided us with documentation to support his claim (PDF).

He said he came forward not because he's looking to embarrass anybody at the jail or in the Sheriff's Office, but he just thought people should know what he went through in light of the report on Nikko Gambino's death.

"I'm just saying something like this happened," the man said. "I was diagnosed the wrong way. It wasn't right, but I don't want to get back at them right now."

A year ago, the man spent two weekends in jail on a second-degree harassment charge (he sent a couple of text messages that he shouldn't have sent, he said) and said the same nurse that he saw in 2001 was still working at the jail.

In 2001, the man was jailed on an attempted burglary charge, which stemmed not from a theft case, but because he entered the dwelling of his ex-wife and child without permission, which was a violation of a court order.

"It was a domestic case," he said. "I was young and stupid and chasing love, or what I thought was love."

He eventually spent 20 months in state prison and was on parole for three years.

He said when he saw the Gambino story, he thought, "Man this is crazy and I know what it's like. I'm sure they didn't give him the treatment he needed."

He said he's seen correction officers deny some inmates a chance to see a nurse.

"I'm never a jerk and I understand COs are just doing their jobs," he said. "Other inmates, if a CO had a problem with them, the person wouldn't get to see a nurse.

"I think if you want to see a nurse, you should be able to see a nurse -- to see if you have a problem," he added.

The former inmate said his symptoms during the month prior to his hospitalization included a 40-pound weight loss, severe abdominal pain, blood in his stool and the loss of a lot of blood, yet he was only allowed to see a physician after he collapsed from not eating or drinking and all the pain.

He said if he'd sued back then, maybe he could have saved a life.

"I met with Charlie Mancuso," he said. "We talked about it. He was going to file a suit, but he never did and then he passed away. I never pursued anything (after he passed)."

Sheriff Gary Maha is not familiar with this particular case at this point, but he would look into it if the man would come forward and talk with him. He said everything is documented and he would investigate the complaint if given more information.

We asked Maha if he's received complaints outside of this case and the Gambino case from inmates who say they're not getting proper medical care.

"You always get complaints," Maha said. "They feel they want the best surgeon in the State of New York and the taxpayers are supposed to pay for it. That’s not the case. We give them whatever services are needed and prescribed by the doctor. If you come into the jail and say you need a new pair of glasses, we’re not going to give you a new pair of glasses unless a doctor says you need a new pair of glasses."

Maha said it costs taxpayers about $200,000 a year to provide medical care to inmates at the Genesee County Jail.

"Everyday people come through there who abused drugs or have mental health issues," Maha said. "It’s a difficult population to deal with and it’s a costly population to deal with. It’s something we try to manage as best we can."

Following the Gambino case, Maha said he met with the jail staff and Director Ed Minardo and new procedures and protocols have been developed.

All opiate use and withdrawal cases are monitored now on a daily basis, he said, and all medical procedures have been examined and updated.

He said he is confident in the skill and training of the jail's medical staff.

"They’ve been around a long time and they've been in business a long time," Maha said. "Thye’re a good staff. Again, we have to update the protocols, but they give a lot better care to an inmate in the jail than they would get on the street, I can tell you that."

UPDATE: Looking back over things this morning, I feel I should note that Dr. Asher's note contradicts the recollection of the source in two ways. The health issue was ongoing for two months before Dr. Asher saw the patient, and Dr. Asher notes that the patient additionally received two visits to the ER, which also failed to lead to a diagnosis of colitis.

UPDATE: The source explains, he doesn't think it was a whole two months, but it may have been longer than a month. His two trips to the ER occurred after his mother contacted his primary care physician and the physician requested the visits, he said. He also confirmed he believes he was misdiagnosed at the ER on those two visits.

Joseph Joy, seated, was honored at the New York State Veterans Home this morning by the American Legion for his 70 years of membership in the veterans' organization. Joy is a veteran of World War II. Members of the Glenn Loomis Post who attended were Tom Williamson, left, Paul LaValley, Jim Nieder, Post Commander Ron Konieczny, County Veteran Services Officer William Joyce and Bernie Staats.

The Genesee County Jail medical staff is being accused of mishandling the medical needs of an inmate going through narcotics withdrawal prior to his death while in custody in July.

Nikko C. Gambino, 42, was originally arrested for impersonating law enforcement officers. He was later accused of smuggling drugs into the jail while on weekend incarcerations.

The NYS Commission of Correction investigated Gambino's death and a report obtained by the Democrat and Chronicle through a FOIL request is critical of jail medical staff.

Specifically, nurses who allegedly missed “florid signs and symptoms of worsening acute withdrawal."

A nurse reportedly refused Gambino his prescribed medication during his weekend incarcerations.

According to the D&C story, Gambino, as a consequence, suffered tremors, sweats, hallucinations and delirium, but nursing staff allegedly failed to recognize the signs of withdrawal and the need for medical attention.

Gambino's family has reportedly filed a lawsuit against the county over his death.

The Batavian requested a statement from Sheriff Gary Maha about the report, but he has been in meetings all morning and has been unable to respond.

UPDATE 2 p.m.:  Here is a statement from Sheriff Gary Maha on the report:

Sorry for the delay in responding. I have been in meetings since early this morning. I really can't comment too much with regard to the Commission of Correction report as a lot of it deals with the medical condition of the inmate. However, we disagree with several portions of the report. It is easy to Monday morning quarterback situations such as this and the Commission is known for criticizing jails and jail staff whenever there is a death in a jail. We do not agree with Commission use of such verbiage as "gross incompetent" and "gross negligence" as they describe the actions of our medical staff. Our medical staff is not incompetent and did not act with gross negligence. This is the Commission's language and is not based upon any determination of fact. Mr. Gambino was a drug user and abuser which also, in my opinion, played a part in his death. The time period from when jail staff saw Mr. Gambino, where he appeared to be okay, to the time he was found unresponsive was only approximately twenty minutes.

We did receive the preliminary report from  the Commission back in December 2012 and shortly thereafter I met with my Jail Superintendent and Medical Staff to discuss the content of the report. We did implement some of the recommendations outlined in the report and are in the process of reviewing and upgrading all of our medical standards.

For previous stories about Gambino, click here.

Juliette Anne Moore, 33, of Wayne Street, Lancaster, is charged with criminal use of drug paraphernalia, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Moore was arrested on a warrant following her release from the Erie County Jail on a unrelated matter. Moore was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Jamie Lynn Edenholm, 25, of Gabbey Road, Pembroke, is charged with unlawful possession of marijuana. Edenholm was arrested Wednesday. No further details were released.

Eldon Javier Ortiz, 18, Buell Street, Batavia, is charged with petit larceny. Ortiz is accused of shoplifting at Kmart. Arrested at the same time on the same charge was Phillip Matthew Boyd, 18, of Redfield Parkway, Batavia.

Emergency dispatchers helped Lt. Greg Steele celebrate his retirement from the Batavia Police Department overnight with a cake.

Submitted photo.

Press release:

Batavia resident Jenna Hubbard may have just gotten her big break to become a star. Hubbard, who uses the stage name Jenna Vera, has been selected along with boyfriend/manager Timothy Walton to be two cast members on a new upcoming national television reality show series. It's set to begin filming in September on a premier national station (can't yet be disclosed due to release agreements).

The show, which will be filmed at a large mansion in Hollywood, California, is hoped to be one of the next hottest fashion and modeling television shows. The show will feature eight models who, along with their managers, will all live in one house and be given the opportunity to shape the pathway to success using the guidance of Hollywood's most experienced talent agents, models and actors.

Overview: 
Throughout the United States, thousands of models, actors and actresses push themselves to make it big. Many with goals to be the next big thing. Some have the connections to make it happen, others have the talent, and even fewer just get lucky. "Making a Marilyn" takes eight models and eight managers and puts them in one huge mansion where they will live together for two months and give them all the tools to make it big. 

The house: 
A 10-bedroom, 10,900-square-foot house located in Hollywood. The house contains a party balcony, movie theater, bowling ally, party, walk-in in-ground pool, waterfall hot tub, full outdoor kitchen and patio, and outdoor party games. Each casting couple will have their own room, where they can bring personal belongings to the house and will be the only ones that have access to the room, with the exception of the house maid if you choose. Similar layout to the Playboy Mansion. 

The catch: 
All the aspiring talent will be faced with challenges to see how bad they want to make it. With all the tools in front of them, they will also have all the tools to set them up for failure. Free access to all the hottest party spots, weekly spending and shopping privileges as well as multiple options that the talent will have to choose which path to take to success. 

The drama: 
With all the models living in the same house, there is sure to be some drama. Models will have the opportunities to work together, or not work together, and to make the best decisions as they learn and shape their career path to success or party to disaster. To spice up the action, not only will the gorgeous females share the house with the handsome male talents, but the husbands, wives and boyfriends/girlfriends will be there as well, who have been managers to the talent as they grew their careers to the current point.

Lawrence Bruce Cawker, 80, of Main Road, Corfu, is charged with stalking in the 4th degree. He allegedly followed a female victim around her workplace, sent numerous cards to her, left packages at her residence, and made numerous inappropriate comments to her. According to the Sheriff's Office report, this persistent conduct continued after the defendant was repeatedly told to cease such conduct and has placed the victim in fear of her and her family's safety. He is to be arraigned at 1 p.m. on Thursday, March 25, in Le Roy Town Court.

Darcy Lynn Booth, 19, of Hill Street, Hornell, is charged with unlawful possession of alcohol and fraudulent procurement of alcohol by means of a fake ID, following a physical confrontation that reportedly occurred while at Walmart in Batavia. It is alleged that Booth was in possession of a bottle of liquor and the ID of a person over the age of 21. She was issued an appearance ticket and is to be arraigned at 1 p.m. April 29 in Batavia Town Court.

Margaret Isabel Clancy, 19, of Meadowbrook Road, Arkport, is charged with driving while intoxicated, driving with a BAC of .08 Percent or higher, and consumption of alcohol in a motor vehicle. On March 27, following the investigation of a harassment complaint that happened on Veterans Memorial Drive in the Town of Batavia, Clancy was arrested on the charges after she was allegedly involved in a physical altercation with another person while operating a motor vehicle in an allegedly intoxicated condition. She was issued an appearance ticket for Batavia Town Court and is to appear there at 1:30 p.m. on April 18.

The three Batavia men who admitted taking part in a bookmaking operation received on Tuesday pretty much the sentence Judge Robert Balbick promised them when they were last in court March 5.

The slight variation was that instead of 120 days in a weekend work program with the Sheriff's Office, the three men will work weekends in community service over the next 90 days.

The change was requested by the Sheriff's Office because of limited openings in the program.

Gregory Phillips, Brian Bordinaro and Lance Engel all declined to make statements to Balbick prior to their sentencing.

Phillps and Engel received, as requested, a "release from civil disability" from Balbick. The signed form will allow both men to pursue second careers. Phillips is attending barber school and will graduate soon.

The three men were also fined $1,000 each. They also can't gamble in any form -- online or off -- during their three years of probation. Their computers will be subject to warrantless search during probation.

All three had entered guilty pleas to a Class A misdemeanor charge of promoting gambling, 2nd, which was quite a step down from the original felony charges, especially the Class B felony charge of enterprise corruption.

There's never been a clear public answer from anybody involved in the case about why the charges were so greatly reduced.

Today, District Attorney Lawrence Friedman would only say, "there are a number of considerations that came into play, just like any case. We consider a lot of different things and when all things were considered in this case, all the things that were relevant, we felt this was the appropriate disposition."

Attorney Larry Andolina, representing Phillips, has accused the Sheriff's Office, and in particular, Sgt. Steve Mullen, at one time head of the Sheriff's major crime unit (the Local Drug Enforcement Task Force), of "mishandling the case."

Asked about Andolina's charge, Friedman said, "I'm not going to comment on anything to do with the Sheriff's Office or Sgt. Mullen or the investigation. We came to what we felt was an appropriate disposition to the case."

For the first time since the story of the bookmaking operation -- which Friedman still contends was substantial -- first broke more than a year ago, Phillips spoke with the media after his sentencing.

He didn't say much.

Asked what he thought of his sentence, he said, "I can't comment on the sentence today."

Asked if he had proof that Mullen placed bets with him, Phillips said, "Through legal and civil counsel I'm not able to comment on that right now."

Asked if the DA or the Sheriff's Office were involved in a cover up, Phillps responded, "i'm sure the DA's office and the Sheriff's Office wouldn't have done any kind of cover up. I would hope there wouldn't be any kind of cover-up in this investigation, but I'll let my attorney answer that one, too."

Asked if the case should never have had happened, Phillips said, "there will be other things brought out. I can't really comment other than (through) my legal attorney and my civil attorney. There will be other things that come out and we'll go from there."

Asked if his civil rights had been violated, Phillips said, "That will be for another jury to decide."

After the former city firefighter was reminded that this was his first opportunity to make a public comment on the case since being accused of taking illegal bets, and whether he had anything he wanted to say to the community he once served, Phillips only said, "no comment."

When asked about how the allegations against Mullen probably led to reduced changes against him, Bordinaro and Engel, again, Phillips said, "no comment."

Andolina stepped in at that point and was asked the same question.

"In the grand scheme of things, this case was resolved in a fashion like many gambling cases where the defendants have no prior record," Andolina said.

Andolina did say he believed Mullen had placed bets with one or more of the defendants.

Under repeated questioning, Andolina refused to offer up proof, however.

"I just said to you, we gave them (Friedman and Sheriff Gary Maha) the information and they have it," Andolina said.

Maha has said there was an internal affairs investigation that was terminated when Mullen retired from the Sheriff's Office.

Asked if he thought the District Attorney's Office and Sheriff's Office had handled the situation with Mullen appropriately, Andolina said he did.

"I think he commenced an investigation," Andolina said. "They're both professionals. I have no reason to believe they didn't do their jobs appropriately."

Asked if the outcome involving Mullen was sufficient, or if more should be done, such as bringing criminal charges, Andolina indicated enough is enough.

"I don't know if there's enough for a criminal case and it's over," Andolina said. "The case is over. The sentence is what the judge indicated the sentence would be. He was within his discretion to sentence in that fashion and now it's time for these people to get on with their lives."

However, Andolina did confirm that his client is looking into a civil case based on alleged civil rights violations.

Asked what the basis of the case would be, "the conduct of the Sheriff's Office," was all he would say.

Later Tuesday evening, WIVB's George Richert aired a story accusing Mullen of placing bets and a "conflict of interest" in the case. The only evidence to back the claim offered by Richert was a report by a private investigator hired by the defense who claims Mullen placed -- years before this case arose -- 47 phone calls to the bookies. No gambling records were produced to indicate that Mullen actually placed bets.

UPDATE: The Buffalo News has published a more thorough story on Mullen's alleged involvement in the case.

Photos: Top, Phillips; second, Bordinaro in blue shirt; bottom, Engel.

Police and EMS are responding to Walmart where a cashier has come into contact with a woman who may have been the victim of an assault, but doesn't know how she arrived at the Walmart in Batavia.

She's from Hornell.

UPDATE 11:38 p.m.: A vehicle possibly belonging to the woman was located in the Home Depot parking lot. A deputy is heading back to Walmart with a person located at Home Depot.

Missing: Small, white Maltese/Shi-Tzu mix...8 lbs...answers to the name: Maisey. Very friendly. Missing since this afternoon 3/26 from the Bank Street Road area. Was seen being put into a car that had pulled off to the side of the road. Call 585.343.3329 if you have seen this dog, or if you have any information. Thank you.

UPDATE: Maisey was found and brought to the animal shelter and reunited with her family.

A woman was reportedly robbed in the parking lot of Save-A-Lot about 15 minutes ago. The suspect is said to be "an older female with her arm in a sling." Police are investigating.

It took a tiebreaker, but Batavia High School came out on top in the 2013 GLOW-region Mock Trial Tournament.

In Monday's final round, held in Warsaw, Batavia and Pembroke each scored 110 points in two simultaneous trials.

The plaintiff sides for both teams won their respective trials, making both teams 1-1 on the evening.

Wyoming County Court Judge Michael F. Griffith presided over one trial and and attorney Michael M. Mohun presided over the second.

The tiebreaker came down to Batavia scoring 114 points in the semifinal round to 90 for Pembroke.

The case involved a lawsuit by a student who accused a technical, private college of not providing the education and opportunities promised prior to his/her enrollment.

The photos are from Mohun's courtroom with Pembroke on the plaintiff side and Batavia on defense.

For Pembroke: Ben Reiner, Brandon Kohorst and Erik Schoenecker were plaintiff attorneys and Cody Zajaczkowski, Karen Glomb and Bryan Cox were witnesses.

The defense attorneys for Batavia: Trey Abdella, Danielle Quinn, McKenzie Stevens; the witnesses: Eric DiLaura, Cara Ranalli, Katie Kesler.

Batavia advances to the regional tournament, which will be held in the Genesee County Courthouse this year. The date, yet to be determined, will be one of the last two Saturdays in April.

To purchase prints, click here.

With the approval Monday of the 2013-14 city budget comes some support for a community garden at the Youth Bureau off State Street.

The plan for this year is to create 25 raised garden beds of 4x4 to 4x12 feet for community members to rent and use to grow fruits and vegetables.

Jocelyn Sikorski, youth bureau director (photo), gave a short presentation to the City Council on the project near the end of Monday's meeting.

"We're really optimistic that we will fill this community garden this year and sell out all 25 beds," Sikorski said.

The project was actually started in the Spring of 2011 by former Youth Bureau director Deb Kerr-Rosenbeck after she realized that many of the youth served by the agency weren't eating enough fruits and vegetables at home.

With one raised bed, Kerr-Rosenbeck, with the help of the children at the bureau, planted a garden and vegetables. Some of the children had never eaten certain kinds of produce before; what was grown became part of the meals served by the agency.

When Leadership Genesee caught wind of the project, some members teamed up to help build four more raised beds in the Spring of 2012.

This year, the plan is to transform the long-unused wading pond behind the Youth Bureau building into a spot for 25 raised beds.

City residents will be able to rent a bed for $15 to $35 for the season, Sikorski said.

"Our long-term goal is to have more community gardens around the city," Sikorski said.

The city portion of the funding for the project is less than $1,000, with donations coming from members of the community.

Constructions of the beds will be part of the Day of Caring on May 8.

The city realized a nearly $91,000 profit on the sale at auction of three properties that were seized last year because of delinquent property taxes.

Back taxes on the three properties totaled $66,686 and they sold for $157,500.

The names of the buyers were not released in a memo given to the City Council prior to Monday's meeting.

The properties sold were:

• 339-341 Ellicott St. ($23,062 taxes owed, sold for $44,500)
• 10 Swan St. ($18,730 in taxes, sold for $72,000)
• 61 Oak St. ($24,894 in taxes, sold for $41,000)

This time things worked out in the city's favor, City Manager Jason Molino said. Sometimes properties at auction go for less than the unpaid taxes.

Calling it the best solution possible, the Batavia City Council voted Monday night to remove garbage collection from the tax roles, remove city responsibility for garbage collection from the municipal code, and tell residents they're now on their own for getting rid of their trash.

Letters from the city to all property owners will go out within a week or so outlining the new rules for city residents and providing them with a list of vendors for trash collection.

Starting June 1, residents will contract with their own hauler  -- or haul it themselves -- and pay their own bills.

"This will make it fair for everyone," said Councilman Kris Doeringer. "It was not fair that some people were paying more than others based on the assessment rather than on the amount of trash they produced. It was just as unfair that businesses had to pay for a service that they were not even using and others did not pay anything at all."

The trash issue has been broiling in Batavia since late last year when city staff revealed a plan to change the municipal code to require an automated tote-based system for garbage collection and open up the refuse and recycling contract to competitive bidding.

For 28 years, Genesee ARC had provided garbage collection in the city, but after ARC was the highest bidder on the new proposed contract, ARC's supporters flooded council chambers through multiple meetings demanding the proposed changes be rejected.

And they were, but council members were still unwilling to give up the double-digit decrease in the tax rate from dropping garbage collection as a city service.

Many ARC supports said, "if it's not broken, don't fix it," but council members, such as Doeringer, said the old system was broken and it needed to be fixed.

Council President Tim Buckley also said the old system was unfair.

"The process now is fair," Buckley said. "I spoke to a widow who lives on the Northeast side of town. She's called me a couple of times. Her assessment is up there and she puts out one bag of garbage every week. She said, 'I go by every week and I see houses with five or 10 bags out.' She said, 'why do I have to pay for that?' It's not fair for her. OK, now it's fair for her."

Doeringer, as did Councilman Pierluigi Cipollone, made it clear they thought the proposed garbage collection plan brought forth by City Manager Jason Molino was pretty good.

"The residents would have received a needed service at a reasonable cost," Cipollone said. "The city would have realized a $1.2 million savings over five years. The city could have used those funds for providing other needed services."

Cipollone cast the lone dissenting vote to change the system to an open market.

While Doeringer believes getting the city out of the garbage business both accomplishes the council's goal to reduce city expenses and is responsive to his constituents' wishes, he regrets the new system won't do much to encourage recycling.

"I was shocked to realize people didn't want a better recycling system," Doeringer said. "They didn't want a system that's more efficient and would help the environment. They didn't want a system that helps clean up the streets from the many animals getting into the garbage, and most surprising, they didn't want a system that would cost less, now and in the future."

Doeringer, Buckley, Patti Pacino, John Canale and Jim Russell all left the door open for revisiting the trash issue for the 2014-15 budget.

"I will personally monitor the system," Canale said. "I will look at what the effect is going to be and if it proves not to be effective in my opinion, then I will personally spearhead an effort to propose a new system that is fair and effective for everyone."

The death earlier this month of a Hutchins Street resident who was found in his home bleeding -- initial reports said from his neck -- has been ruled accidental, Det. Pat Corona, Batavia PD, said this morning.

Peter Ackley, 55, of 12 Hutchins St., had been released from the hospital March 12, the day before the incident, and had ongoing health issues.

Witnesses said he had been outside his house earlier that day and appeared disoriented and was helped back into his apartment. He was later found by a friend unconscious and bleeding inside his residence.

An autopsy found that ongoing medical problems apparently caused him to collapse. He fell against a household fixture, which caused his wounds.

Ackley was transported by Mercy Flight to Strong Memorial Hospital where he later died.

There is no evidence, Corona said, of any foul play.

A Batavia resident arrested after leading local law enforcment on a multi-jurisdiction chase will spend three to six years in state prison following his sentencing in Genesee County Court today.

Todd Weaver, 44, of Seven Springs Road, previously admitted to a mischief charge, was also fined $1,000.

The chase began in Medina and wound onto the Tonawanda Indian Reservation where Weaver used his car to strike a Medina patrol vehicle. The patrol vehicle was disabled and the police officer lost sight of Weaver's vehicle.

Weaver was also accused of striking a mailbox on Skye Road.

His vehicle was next spotted by Batavia PD at Oak and Richmond, with Weaver then leading police on a chase that reached speeds of 50 mph through the city.

Police tried to use spike strips to stop Weaver, but he avoided them. 

He eventually ran out of gas on Clinton Street Road, Stafford.

The former Dipson Theater's sign on Main Street, Batavia, was updated today with the sign for the renamed theater: Batavia Showtime. Downtown businessman Ken Mistler purchased the theater earlier this month and is planning several renovations.