batavia

Joe Oliver in 1939

If not for the Great Depression, Joseph Boyd Oliver may never have left his home in Pennsylvania for Rochester, and then wander into Batavia looking for work and finding instead an opportunity in the small town. 

The opportunity: Turn a family tradition of making blanched peanuts into a business.

To blanch a peanut, you start with raw peanuts -- which Oliver obtained in Buffalo -- boil them in water for three minutes, then dip them in cold water before removing the red skin.  It's time-consuming, tedious work.

Batavians really went for the stark white peanuts, and Joseph and Edna Oliver found that they had started a real business with growth potential. So they looked for other ways to please the locals' unabated craving for snacks, adding peanut clusters to their repertoire and making their concoctions in their Montclair Avenue home.

"No, I had never made any candy before," Oliver said in a 1939 interview. "I learned it all the hard way. There were so many headaches with it, I couldn't begin to tell you what they were.  We just kept going, trying until we got what we wanted."

Blanched peanuts and peanut clusters were the beginning of Oliver's Candies, now in its 90th year. Oliver's will be having a birthday celebration Saturday at the store at 211 West Main St., Batavia.

Joe and Edna moved their business to that location in 1937, renting a house from Sheriff Forest Brown. They sold candy in the parlor and lived upstairs. Eventually, they bought the house and expanded the business until it took over the entire residence.

By the 1950s, Oliver's was selling candy in all 48 states.

Harold Oskamp acquired the business in 1960.  In 1977, he sold it to Dick Call, Bob Call, and Alvin Scroger, then owners of Genesee Farms. 

That ownership group sold Oliver's in 1998 to John Quincey, father of Jeremy Liles, the current owner.

When his parents asked Liles, whose background was in digital publishing, to get involved in the business, how could he say no? Of course, he couldn't.

"I mean, it's candy, it's retail, it's sweet business, really, you have no better words to pick there," Liles said.

Oliver's still makes candy the way Joe Oliver insisted it be made, Liles said -- real ingredients, the original recipes, no cutting corners, and as a result, the business has continued to grow.

Online ordering has given Oliver's a global reach. Liles has been able to expand the wholesale business since opening a plant in Elba, and that northern location also gives Oliver's a second storefront in the county.

It's no wonder that a business born in the Depression has weathered all kinds of economic storms, a world war, and even a pandemic.

"We're doing just fine. It's not like you don't have the generic brands of candy out there, Walmart, Tops, whatever. People's tastes have honed down. People want specialty coffees. They want specialty desserts. People are going to different places looking for these things," Liles said. "I think that's what's helping us tremendously because we are a specialty. We provide unique flavors. We make it fresh. It's made with butter and cream. We're not adding preservatives. It's not being shipped off to some warehouse and then sitting on a shelf forever. It comes from Elba, our factory six minutes up the road, and it's on our shelf ready for the customer."

One of the secrets of the success of Oliver's is employee loyalty.  From the time of Joe and Edna, employees have tended to stay with the company not just for years, but for decades. 

Bill Betteridge started with the business in its early days and made candy for 52 years. Ronald Drock, one of the former master candy makers, worked for Oliver's from the 1950s into the 1990s. The current master candy maker, Doug Pastecki, has been with Oliver's for 26 years.

In the top photo are long-time employees:

• Diana Cutitta (started 1983) - store associate/cashier
• Doug Pastecki (started 1995) - master candymaker
• Anna Liles (started 1999) - giftware associate
• Jeremy Liles (started 2001) - owner
• Julie Heale (started 2002) - packing line worker
• Mary Graham (started 2004) - enrober line worker
• Megan Palone (started 2006) - general manager
• Alec Frick (started 2014) - assistant candymaker

Not pictured is Beth Diegelman, hand dipper/decorator who started in1980).

"I guess, for the most part, my family, the families before us, we try to take care of the people who work for us. We're all a family. We try to treat everybody as a family. We're not a big corporate-backed store. We're just a locally owned business and, like anybody else, trying to survive each day," Liles said. "We had some great years of growth and we tried to take care of our employees during those times, and in turn, our employees take care of the business during tougher times, so it really becomes a complete family. Obviously, I couldn't do any of this without them. They are the backbone of this business."

Liles said he's proud to be at the helm of Oliver's as it marks 90 years in business, both for the stability such longevity represents, and the strength of the company to adapt to changing times.

"I love doing this," Liles said. "It's exciting. It doesn't get boring. That's the cool part about it. There are always changes and obviously, in the environment around us, there are changes. Social media, for example, has really been a change. You have gotta be so careful with it. It can help you or it can tear you apart. But that's where, if we keep striving for customer service, then the reviews online will stay five stars, and that's the way we want it to be. I mean, it's all about quality products and quality service. That's why I don't want to outgrow our britches, per se. We need to keep it real."

Press release:

Batavia Downs Gaming and Hotel will be hosting the Annual Fundraiser for the Breast Cancer Coalition of Rochester (BCCR) on Friday, Sept. 16 in the track’s historic clubhouse.

The fundraiser includes a $30 clubhouse buffet package deal, a silent auction with a wide variety of items up for bid, sponsorship of races, and private donations. The clubhouse opens at 5 p.m. and the first race post time Friday is 6 p.m.

“We are looking forward to having the BCCR once again host their annual fundraising event here,” said Batavia Downs Gaming & Hotel Vice-President of Operations Scott Kiedrowski. “The support we receive from our guests and employees for this very worthwhile event shows the caring nature of our community.”

The silent auction will be held in the clubhouse entryway with bidding opening at 4 p.m. and continuing until the start of the tenth race. High bidders do not need to be present when the silent auction closes.  Items include donated baskets from area businesses including autographed Buffalo Sports Memorabilia and Hotel Overnights.  Updates on what items are available will be posted on Batavia Downs’ social media pages as the event draws closer.

Those wishing to make a reservation for this event can call (585) 343-3750.  The receptionist will help take reservations for the Clubhouse.

Press release from Batavia PD:

On 09/14/2022, The Batavia Police Department responded to a call at Premier Genesee Center for Nursing and Rehab located at 278 Bank Street. Staff received several calls from an individual making threats against the facility. The center decided to go into lockout and contacted the police. A lockout is when all exterior doors are locked and no one is allowed in or out. The activities in the business are not restricted, only the entering and exiting of people. Lockouts are specifically used when there is a potential threat outside of the building. The lockout has been lifted as there does not appear to be any imminent threat to the facility. Due to the ongoing investigation, further information will not be released at this time.

Press release:

Have you ever wondered where God is in the muddle of life? Have you ever wished that God would speak specifically to you and tell you what His will is for you in the dailiness of life?

The Holy Spirit spoke through Peter nearly 2,000 years ago and his words still hold kinetic power for our lives today.  As we study the book of 1 Peter, we, like Peter, will hear the voice of the Holy Spirit. That powerful voice will fill your heart and your home as you join with Peter in living a life of authentic faith during life's most challenging times.

We will discover that the book of 1 Peter addresses what we believe about God as well as the details of practical living; it is also a call to holiness and humility. Over the course of this conference, we will dig into the rich mysteries of worship, joy and God's unconditional love for each one of us.

So, invite a sister or a friend who simply wants more of Jesus! Come prepared to have your heart restored, your questions answered and your assignment refined. You will fall in love with Jesus all over again and you will be changed by the truth of the Word of God

This conference will take place on Friday, October 14 and Saturday, October 15, 2022, at Northgate Free Methodist Church, 8160 Bank Street Road, Batavia, NY, 14020. Tickets for this two-day event are $25. Payments can be made through the website listed here: https://northgatefmc.churchcenter.com/registrations/events/1182545 or call Northgate’s office, at (585) 343-4011 to register over the phone. 
Hotel rooms are reserved at the following hotels:

Holiday Inn Express
4356 Commerce Drive
Batavia, NY  14020
585-344-0001
$119.00 per night 

Hampton by Hilton
4360 Commerce Drive
Batavia, NY  14020
585-815-0475
$119.00 per night

Reservations for the hotels MUST be made by September 14, 2022, to secure this rate. To make a reservation, call the hotel of your choice and ask for the rooms blocked for NORTHGATE CHURCH WOMEN'S CONFERENCE.

Press release:

Back by popular demand, please join the Holland Land Office Museum for a West Side Ghost Walk on Fridays in October.

The walks led by Connie Boyd will take place on October 7, 14, 21 and 28 at 7 pm.

We will also be adding second walks beginning at 7:30 on October 7 and 21.

Take a walk on the west side and hear tales of murders, hangings, grave robbing, ghosts and other eerie happenings from Batavia's past. Hear stories of Joseph Ellicott, E. N. Rowell and other famous and infamous Batavians.

Also, be sure to also check out the Old Batavia Cemetery's Walk on Saturday, October 22. For more information on the Cemetery Walk please contact 585-943-5662.

Admission is $15.00 or $10.00 for museum members and reservations are required with purchase. Tours are limited to 20 people each.

The tour begins and ends at the museum and is approximately 1 1/2 to two hours in length. For tickets or more information, please call (585) 343-4727, email at hollandlandoffice@gmail.com, or stop by at 131 W. Main St. Batavia.

A property dispute at 316 E. Main St., Batavia, helped Batavia PD locate Cassandra Elmore, a Batavia resident accused of letting her dog overdose on narcotics but has missed court appearances on the case.

She was wanted on an arrest warrant as well as two bench warrants for her failure to appear in court.

She was located on Sept. 10. 

According to Batavia PD, when Elmore was advised of the warrants, she attempted to stop officers from arresting her by closing a door and then actively resisting attempts by officers to place her in handcuffs.

In addition to the pending charges, Elmore is now charged with obstructing governmental administration 2nd

Elmore was arraigned in City Court and jailed on $5,000 bail.

She is scheduled to appear in City Court at 1:30 p.m., Thursday.

Elmore was arrested in July after showing up on emergency visits at veterinarians with her dog, Oddey, showing signs of a drug overdose.  Two of the veterinarians said Oddey consumed cocaine, apparently found on the floor of Elmore's residence, which was then on River Street, and the third said an unspecified narcotic.

Elmore was arrested on three counts of injuring an animal under New York Ag and Markets Law Section 353.

At her first court appearance after her arrest, she asked for time to hire an attorney. 

She failed to appear in court on Aug. 11 when a friend called the court to say she was in the hospital, a claim that was never substantiated in court.

She next failed to appear on Sept. 8 when a man claiming to be an attorney from Pennsylvania called and said Elmore had been unable to contact her public defender, a claim disputed by the public defender handling her case. 

While Elmore's case is pending, Oddey remains at the Genesee County Animal Shelter, unavailable for adoption. 

Elmore was also arrested on Aug. 30 following a traffic stop and charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd, uninspected motor vehicle, and insufficient tail lamps.

See also: OPINION: Due process often neglects animal victims

Kanyia Coleman Craig Lynch Nyejay Braction Darnell Cleveland

A passerby spotted people inside Ken Barrett's Chevrolet at 229 West Main St., Batavia, on Monday at 11:50 p.m. and called 9-1-1.

When Batavia patrol officers arrived on scene, four people attempted to flee from the back of the car dealership.  Two people were taken into custody immediately and two others were located near the scene a short time later.

The four suspects, all from Buffalo, are Darnell Cleveland, 26, Kanyia Coleman, 18, Craig Lynch, Jr. 21, and Nyejay Braction, 18.

Cleveland allegedly provided a false name in an attempt to prevent officers from arresting him on several outstanding warrants, including a parole warrant.

Lynch is accused of struggling with officers while being detained. There were no injuries.

Cleveland was charged with burglary 3rd and criminal impersonation 2nd. Lynch was charged with burglary 3rd, obstructing governmental administration 2nd, and resisting arrest. Braction and Coleman were charged with Burglary 3rd.

All four suspects were arraigned in City Court.

In accordance with New York's bail statute, Cleveland and Lynch were released under the supervision of Genesee Justice. Cleveland was then remanded to the Genesee County Jail on his outstanding parole warrant. Braction and Coleman were released under their own recognizance. 

In a statement, Batavia PD says, "The Batavia Police Department would like to thank the observant citizen, the Genesee County Sheriff’s Office, and the New York State Parole for their assistance."

Adam Kreutz

Adam M. Kreutz, 33, of Batavia, is charged with assault 3rd, burglary 1st, and coercion 1st. Kreutz is accused of burglarizing an apartment on Ellicott Street and assaulting the person inside that apartment on Sept. 5 at 11:40 p.m. Kreutz was arraigned in City Court and ordered held in the Genesee County Jail without bail.

Jarrod K. Fotiathis, 27, of Le Roy, and Julie R. Richardson, 31, of Le Roy are charged with criminal possession of stolen property 4th, unlawful possession of personal identification 3rd, attempted petit larceny, and resisting arrest. They are accused of working together to steal a person's wallet  to purchase items at a local business on Sept. 3 at 9:01 a.m. on Ellicott Street. Fotiathis and Richardson are accused of fleeing from police on foot leading to a chase through the city. Fotiathis later turned himself. Richardson was stopped by a citizen who reportedly witnessed the incident. Both Fotiathis and Richardson were issued appearance tickets.

Christian I. Andrzejek, 26, no permanent address, is charged with burglary 3rd, petit larceny, and criminal possession of a controlled substance 7th. Andrzejek is accused of entering a building on Sept. 6 at 8:57 a.m. on Washington Avenue, Batavia, and stealing items from inside. Andrzejek was arraigned in City Court following his arrest and released under supervision.

Feyza Gabrielle Osmancikli, 28, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Osmancikli is accused of possessing crack cocaine, discovered by Deputy Kenneth Quackenbush during a traffic stop on Sept. 6 at 3:35 p.m. on Liberty Street in Batavia. Osmancikli was processed at the Genesee County Jail and released on an appearance ticket.

Joshua Michael Ruffin, 27, of Main Street, Alexander, and Haley Maye Larnder, 23, of Tracy Avenue, Batavia, are charged with criminal possession of a controlled substance 7th.  Ruffin and Larnder are accused of possessing crack cocaine at a location on Veterans Memorial Drive, Batavia on Aug. 23 at 3:36 p.m. Both were arrested by Deputy Jacob Kipler, processed at the Genesee County Jail, and released on appearance tickets.

David W. Fielding, 33, of Bigelow Drive, Stafford, is charged with falsifying business records and grand larceny 4th. Fielding is accused of stealing tools from his employer on Godfreys Pond Road, Stafford, and pawing them for money between July 19 and Aug. 25. Fielding was arrested on Sept. 9 by Deputy Jacob Kipler, transported to the Genesee County Jail for processing, and released on appearance tickets.

Deontay Jahmani Sprattley, 21, of Green Avenue, Brooklyn, is charged with petit larceny. Sprattley is accused of skip-scanning multiple items at Walmart on Sept. 10 at 2:38 p.m. and stealing the items. He was arrested by Deputy Alexander Hadsall, processed at the Genesee County Jail, and released.

Jalen Corey Fields, 18, no street address provided, Brooklyn, is charged with petit larceny. Fields is accused of shoplifting at Walmart on Sept. 10 at 3:15 p.m. He was arrested by Deputy Ryan Mullen and issued an appearance ticket.

Matthew R. Taylor, 39, of Batavia, is charged with trespass. Taylor is accused of entering a business on Oak Street he had been banned from on Sept. 4 at 10:01 p.m. Taylor was issued an appearance ticket. He also allegedly trespassed on the same day at 4:49 p.m.

Jeffery T. Dutton, 31, of Batavia, is charged with obstruction of governmental administration and littering. Dutton is accused of throwing garbage on city-owned property on West Main Street on Sept. 5 at 3:44 p.m. He was released on an appearance ticket.

James D. Hooten, 33, of Batavia, is charged with criminal possession of a controlled substance 7th. Hooten was located by Batavia patrol officers and taken into custody on warrants held by the Sheriff's Office and State Police and allegedly found in possession of crack cocaine at the time of his arrest on Sept. 3 at 3:56 p.m. on Summit Street, Batavia. He was issued an appearance ticket and turned over to the Sheriff's Office.

Jolene Y. Stevens, 33, no permanent address, was arrested on a bench warrant stemming from an incident reported on March 4 at 1:48 p.m. on East Main Street, Batavia. Stevens is charged with resisting arrest, obstructing governmental administration, and harassment. At the instruction of Judge Durin Rogers, Stevens was issued an appearance ticket and released.

David M. Camelio, 40, of Batavia, is charged with harassment 2nd. Camelio allegedly struck another person in the face during a confrontation reported on Aug. 28 at 4:18 p.m. at a location on East Main Street, Batavia. He was issued an appearance ticket.

Colin A. McCulley, 18, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and consuming alcohol under age 21. McCulley was stopped by a Batavia patrol officer on Sept. 5 at 1:07 a.m. on East Main Street, Batavia.  He was issued an appearance ticket.

Another piece of property downtown — this time an automobile — has apparently suffered some damage while its owner was at a meeting Monday at City Hall.

The owner of the defiled vehicle — who has not officially been identified by city police — apparently filed a claim that someone had poured nail polish on her vehicle while she was at a City Council meeting and public hearing Monday evening. The hearing about a farm animal law drew some 30 people to the second floor council chambers.

Detective Eric Hill confirmed that there is “an open investigation into the matter right now,” after The Batavian inquired about the damaged vehicle.

“I’m not sure on the level and location of polish and we don't have an estimate (of the value of the damage) at this time,” Hill said in an email to The Batavian.

Just last month, in early August, a vandal drew at least a dozen chalk figures on the brick pillars outside of Batavia City Centre as a City Council meeting was going on inside. The artwork was said to be anti-ReAwaken America Tour graffiti.

Police were investigating the incident and said the person responsible would face a charge of criminal tampering, a class B misdemeanor. There are no updates about that case at this time, Hill said.

Press Release

In an effort to ensure the safety of students and staff during arrival and dismissal periods at Jackson Primary, the Batavia City School District, Batavia Police Department, and the City Church would like to remind the Batavia Community of the recommended pickup route for the City Church Community Food Distribution program at St. Anthony’s. 

The City Church currently hosts a bi-monthly food distribution program for community residents at St. Anthony’s Church. Those community members who wish to participate in the program must access Liberty Street via South Swan Street, Osterhout Avenue, or Otis Street. 

All food distribution traffic will be redirected to avoid Liberty Street between South Jackson and Sumner Streets and South Jackson between South Swan and Liberty Streets (the areas directly in front of and adjacent to Jackson Primary). Please see the attached map for the recommended route. 

The City Church Community Food Distribution program is scheduled every two weeks at 8 am on the following dates: September 14, September 28, October 12, October 26, November 9, November 23, and December 14, 2022.

When David Ciurzynski was a kid, he and his brother would shop for school items and take the elevator at C.L. Carr’s department store, watching as the operator pulled the little stick to close the zig-zag accordion-like gate before they ascended to a higher floor. And then down again.

There were floors for the billing department, a bridal shop and other specific types of merchandise, and the basement had housewares while first floor catered to men’s and women’s clothing, children’s items, jewelry, makeup and greeting cards. There were clear tubes that shuttled payments from downstairs up to billing.

 "And I just think about those memories that we had way back when ... and now the new memories that we make at the JJ Newberry's building that's now Eli Fish," Ciurzynski said during a presentation of downtown projects, including the former Carr’s building, Tuesday at City Hall. "That's what this project is all about. Right? Taking our history, taking our memories, and turning it into something that people can make new memories with, including ourselves. "

The project consultant is not alone with his recollections of Carr’s days of grandeur. Anyone who grew up in Batavia is familiar with the high-end department store, with free gift-wrapping service, seasonal visits from Santa Claus, sidewalk sales and an ice cream cart, and the personalized services of salesmen and women, especially those experienced ladies behind the jewelry counter.

Getting a gift from Carr’s was kind of special — it meant quality and style. And so very neatly and precisely wrapped with a coordinated bow. There are still offerings like that downtown, such as Valle Jewelers and Charles Men’s Shop, as those places have continued to bob and weave to miss the knock-out punches of big box stores and economic shifts.

Carr’s was the only store, however, to consume so much footprint -- more than 11,000 square feet -- along Main and Jackson streets. It was exciting to step aboard the elevator and be whisked up to look at fancy women’s dresses and accessories.

Ciurzynski’s description of the site’s future — renovating the upper two floors for apartments, installing arched windows in the front overlooking Main Street, preparing the lower levels for other commercial space by removing asbestos and making them more enticing for prospective businesses — also included a vision. The project has been titled Carr's Reborn.

“We can restore the former landmark to its former glory,” he said.

People will be able to go to a restaurant or brewery, catch a play, movie or live music, or visit the future Healthy Living campus with its new exercise and classroom space, kitchen and complete wellness center, he said.

The project would take $1 million in Downtown Revitalization Initiative grant funding and $4 million from property owner Ken Mistler. Possible uses for the main floor have not been determined, and it’s about “what does downtown Batavia need?” Ciurzynski said.

“I could see a small department store for women’s clothing to complement the men’s clothing shop we have,” he said. “The harder part right now is getting people to commit with labor; there’s been a shortage.”

Steve Hyde of the county’s Economic Development Center said that studies have found that Batavia needs more housing — some 4,500 units over the next several years.

“People are commuting here, working and collecting paychecks, but they don’t live here,” he said.

Adding 14 to 16 market rate — higher scale — apartments would “tie a bow around us,” he said.

City Council President Eugene Jankowski said that older people have mentioned that they might like to live in a downtown apartment, but “the only drawback is a long staircase.” Those possibly semi-retired folks wish there was an elevator as well, he said.

So yes, that relic of Carr’s will be resurrected and working once again, albeit, probably not with a personal attendant.

The DRI Committee members approved a motion to move forward with the project. They were:   Eugene Jankowski,  Steve Hyde, Dr. James Sunser,  Craig Yunker, Tammy Hathaway,  Erik Fix, Tom Turnbull, Susie Ott, Paul Battaglia, Marty Macdonald and Nathan Varland.

The remaining committee members who were absent include Pier Cipollone, Patrick Burk, Marianne Clattenburg, John McKenna, Julia Garver, John Riter, Peter Casey, Matt Gray, Mary Valle, John Bookmiller and Dan Ireland.

Ciurzynski, of Ciurzynski Consulting, LLC, gave Mistler a nod and thumb’s up. Mistler said he appreciated the support, but wanted to hold off with any further comment until the project gets moving. Now that the committee approved the grant funding, minutes from the meeting will be sent to Empire State Development for state approval.

Top photo: City Council President Eugene Jankowski talks about a proposed project Tuesday morning to renovate the former Carr's building in downtown Batavia. David Ciurzynski reviews the project, dubbed 'Carr's Reborn,' with the Downtown Revitalization Initiative Committee at City Hall; Committee members Nathan Varland, Tammy Hathaway, Eugene Jankowski, Susie Ott, Dr. James Sunser, Steve Hyde and Erik Fix. Photos courtesy of Jim Krencik. Rendering of Carr's Reborn from Batavia Development Corporation. 

Arthur Brown

A 45-year-old Le Roy man facing felony charges from a "shots fired" incident on Clinton Street Road a year ago, and facing other felony charges, turned down a plea offer today that could help him avoid the potential of a life-in-prison sentence.

That decision made a little more sense during a hearing that followed the plea offer discussion on a grand larceny charge from a separate incident.

In that case, a video that reportedly shows Arthur J. Brown taking a credit card from inside a police station wasn't preserved by Le Roy PD.

Judge Melissa Lightcap Cianfrini ordered a spoliation hearing -- a hearing to determine what happened to the evidence -- to be followed by a Huntley hearing -- a hearing on whether evidence should be suppressed at trial.

Without the video, the only evidence against Brown in the grand larceny case is the testimony of a police officer who reviewed the video recording prior to arresting Brown on the charge.  Under the rules of evidence, the officer can testify about what he saw on the recording.

By calling for a spoliation hearing -- something the defense did not request -- Cianfrini signaled that she might consider a strong sanction against the prosecution, which could include dismissing the case.

When asked about a possible remedy, First Assistant District Attorney Joseph Robinson said it would be appropriate to permit the jury to draw an "adverse inference" from the fact the video does not exist.  That would mean at trial, the jury could consider that the lack of a recording means there is a weakness in the prosecution's case.

Robinson said that remedy would be significant because there is only one police officer who can testify in the case and state what he saw on the video. There is no other supporting evidence.

On Aug. 11, 2021, Brown was picked up by Le Roy PD on a violation-level offense, said Assistant Public Defender Lisa Kroemer, and placed in an interview room where he was required to empty his pockets. 

When he was released, he was instructed to take his personal belongings.

Later, a police officer discovered that a credit card was missing. The card had been found by somebody and left with the police. It was being held for safekeeping until its rightful owner could pick it up.

The missing video supposedly shows Brown picking up the card along with his property.

Kroemer argued that the video is a critical piece of evidence that could show whether Brown knowingly and intentionally took the card or whether he picked it up accidentally, a distinction, she said, the officer can't reliably testify about.

When questioned later, Brown did have the card in his possession, Kroemer conceded, but the issue that can't be resolved without the video is whether Brown knowingly took the card from the police station.

Kroemer said Brown was held for a bail hearing less than 24 hours after his arrest and Kroemer put the District Attorney's Office on notice at the hearing that the video recording needed to be preserved as evidence.  She also argued that police officers should know that such a piece of evidence should be preserved.

Later, Cianfrini would note that Kroemer made a compelling argument that members of law enforcement, more than a store owner or any other member of the public, should understand the importance of preserving evidence. 

In ordering a spoliation hearing, Cianfrini said the court is interested in hearing what protocols Le Roy PD has in place for preserving video evidence, what happened in this case, what was communicated to police, and how it was communicated, about preserving the recording, and what if anything is the police department doing to ensure this doesn't happen again.

The hearing is scheduled for 9:30 a.m. Oct. 14.

Brown is also facing multiple charges from a Sept. 19, 2021 incident in which Brown was stopped on Clinton Street Road in Stafford for alleged erratic driving and once stopped, fled from law enforcement into a cornfield.

A deputy said he saw a gun on Brown and a second later, there was a bang or a boom in the area that prompted the officer to inform dispatchers of "shots fired."  

The search for Brown took several hours and involved Monroe County SWAT, the Batavia Emergency Response Team, State Police (including the closure of the Thruway), drones and a State Police helicopter.

Law enforcement reported recovering a handgun at the scene, but Brown has maintained it wasn't his.

It turned out later, that what sounded like possible gunshots was really a wildlife scare cannon.

In that incident, Brown was charged with:

• Criminal possession of a weapon 2nd
• Menacing a police officer
• Tampering with physical evidence
• Obstruction of governmental administration 2nd
• Criminal  possession of a controlled substance 7th
• Driving while impaired by drugs
• Failure to keep right

Brown is also facing a charge of failure to register as a sex offender but he hasn't been indicted on that count yet.

The plea offer from the District Attorney's Office was for Brown to plead guilty to the weapons charge and the grand larceny, and serve five years in prison with seven years on parole, and the rest of the charges would be satisfied.

Brown would still have been subject to being found by the court to be a second felony offender, a second violent felony offender, and a persistent felony offender.

After Robinson recited the plea offer, Kroemer said her client was rejecting the offer. 

Cianfrini then wanted to ensure that Brown understood the ramifications and risks of his decision.  As she spoke, Brown raised his hand as if he wanted to speak and Cianfrini advised him that he shouldn't speak to the court and instead talk privately with his attorney and let her speak on his behalf.

Kroemer and Brown then conferred, but Brown was speaking loud enough that some of what he was saying could be heard in the courtroom.  Cianfrini told him he should whisper so she couldn't hear what he was saying.

After Kroemer and Brown spoke, Cianfrini asked Brown if he still wished to decline the deal.  He said that he did.  

She explained to him that if he was found guilty at trial, he could be sentenced to the maximum prison term for each count, that the sentences could be served consecutively instead of concurrently, and that if the court found him to be a persistent felony offender, he could be sent to prison for life.

"My job is to ensure that I feel satisfied that you understand," Cianfrini said. "Whether you take the plea is 100 percent your decision. I just want to make sure you understand." 

Brown, who spoke clearly in court, said he understood.

On the weapons charge, the court set a trial date for March 20 to March 24, with a Jan. 23 plea cutoff date. 

Cianfrini explained to Brown that while the plea offer he just rejected was off the table, the prosecution had the option of making a new offer and Jan. 23 would be the final date Brown would have to accept a plea offer, otherwise the case would go to trial.

There will be a Huntley hearing, a hearing on the possible suppression of evidence, at 9:30 a.m. Oct. 11.

Brown is not being held in jail while the charges against him are pending.

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A group of about 30 people attended Monday's City Council meeting, and half of them spoke about the proposed farm animals law to ban most farm animals from city limits and the feeding and care of feral cats. Volunteers For Animals member Robin Lewis, second row, in blue, waits to take her turn at the podium and dispute that a feeding ban does any good for feral cats

Forbidding people to care for homeless cats will not take care of the feral cat problem, Robin Lewis says.

She was one of about 15 people to share their thoughts during a public hearing Monday at City Hall.

“It is a cruel, inhumane, and ineffective way to solve a complex problem,” Lewis said to City Council.

In an audience of 30 or so spectators, half of them were there to voice support or opposition for a proposed farm animal law expected to go up for a vote later in the evening. The law would ban “owning, bringing into, possessing, keeping, harboring, or feeding” most farm animals and feral cats in the city, and limit chickens to six as long as they’re penned properly and don’t create an accumulated mess and odor.

Lewis and other speakers nailed one issue right on its head: it’s a complex issue when dealing with cats. She was with a group of fellow Volunteers For Animals members who stressed that the ban was not only unfair to homeless cats but that it doesn’t work for eliminating them. Spoiler alert: volunteers were happy in the end.

One point of contention was that feral cats and “community cats” are hard to tell apart; one group is often being well cared for by good samaritans while the ferals are cats born outside that are often unsocialized and therefore less friendly and seemingly wild.

Judy Sikora, who has lived in the city for 40 years, is one of those good samaritans who has been caring for stray cats. She has worked with Kathy Schwenk of Spay Our Strays to ensure the cats are spayed or neutered so as not to reproduce, and that they are healthy. There are some ferals that “occasionally do remain very wild,” she said, however, many others are redeemable to go up for adoption.

She has appreciated the work of Spay Our Strays and asked that council remove the cat ban from the proposed resolution.

“The work they do is incredible,” she said.

Kathy Schwenk, coordinator of Spay Our Strays, appeals to council that "these community cats should not be punished for one person."

Schwenk has been with Volunteers For Animals for the last 18 years and is coordinator for Spay Our Strays, which is a low-cost spay and neuter program for feral and outdoor cats. The group humanely sterilizes and vaccinates cats throughout Genesee County, including in the city of Batavia, she said.

“The caregivers did not ask for these cats. They're compassionate, caring, humans who cannot bear to see animals suffering. Some of them are in the audience right now,” Schwenk said. “These community cats should not be punished for the deeds of one citizen who irresponsibly harbors farm animals on their city property and infringes on their neighbor's rights.

“By including feral cats in the same category as farm animals, this is going to ensure undue suffering and spread of disease among our own community cats. So because of this proposed amendment, I've had several people, several upstanding city residents, contact me fearing that they will not be able to legally care for their outdoor cats anymore,” she said. “Some of these cats are strays, some are semi-socialized. Others have just been thoughtlessly left behind with a piece of trash and these compassionate people are caring for them.”

Her group worked with City Council seven years ago, after a presentation from SUNY Buffalo Law School recommended the trap/spay/neuter/vaccinate and release method for best controlling the stray cat population. Working with former Assistant City Manager Gretchen Difante and a task force, Spay Our Strays experienced “big success” by trapping 42 cats in one neighborhood, treating them per the program and releasing them.  That was in 2016.

While the issue of feral cats has come up since then, it isn’t what triggered the farm animal ordinance. Complaints from neighbors about one resident, in particular, got the ball rolling. The resident owns four goats, plus chickens, a dog and a cat. Her Burke Drive neighbors have come to council previously and complained to their ward councilman John Canale. They were fed up with loose goats charging them, eating their foliage, and the animals creating a mess and foul odor.

Who'd want farm animals in the city? resident John Ladd asks during his time at the podium Monday evening.

City resident John Ladd wanted to clarify for council what his stance was. That was after he rattled off several dates of when he’d documented seeing loose goats or chickens “roaming freely out of their enclosures.” One day he found a goat standing on his front porch eating bushes. It might seem humorous, he said, but it makes him angry.

“We don’t want a limit on farm animals, we want no such animals allowed in the city limits,” he said.

Another speaker against the ban asked council to consider the aspect of people with disabilities having a right to a support animal. What if someone wants to have an emotional support cow or giraffe, Ladd said.

“Is that possible? Is it legal?” he said.

Some folks cited state and federal laws and statements from the American Society for the Prevention of Cruelty to Animals to support their positions on the proposed law. The resident at issue, who has said that her animals were therapeutic service animals for her daughter, was not present. Her father, Randy Turner, was present and vocal.

He estimated that although 75 percent of the city residents owned a dog or cat, “that has nothing to do with this,” he said.

“There’s no reason to have farm animals in the city,” he said.

I'm not against any animals, resident Shannon Maute says to council. These goats, these chickens, these ducks are not service animals. 

Fellow residents John Roach and Shannon Maute also supported the ban on farm animals. Roach didn’t move to the city to be near them, he said. Maute, who lives on Burke Drive, isn’t against animals, and in fact, “I love animals,” she said. But the goats, the chickens, the ducks are not service animals, and one’s pets should be properly contained, she said.

“So far I’ve had to chase one goat, three chickens and a dog out of my yard,” she said.

After everyone had a chance to speak, Council President Eugene Jankowski asked for comments before a vote. Councilman John Canale first responded to the cat comments.

“I certainly did not expect to see this turnout,” he said. “I certainly recognize that we gave our blessing to that organization (SOS). I don’t know if it’s working or not, we haven’t heard from them in years.”

Councilman Bob Bialkowski removes his support for the proposed farm animals law, and Councilman John Canale shares that when he was a kid, a neighbor tried to raise a pig next door on Bank Street.

Canale would like to continue the trap-release program, he said, but to also have more communication between SOS and the city. He suggested that people who wish to be caregivers for homeless cats should contact the nonprofit and make sure those cats are properly spayed or neutered and vaccinated.

Councilman Bob Bialkowski questioned the legitimacy of the ordinance: “All of this because of one home,” he said.

He also wondered how, if farm animals are banned, it will go if a child wants a rabbit but can’t, while her neighbor has six chickens. He suggested that when people have issues on their streets, to “talk to your neighbor … it’s called addressing the problem.”

“I’m not supporting any of this,” he said.

Jankowski explained that the city police and code enforcement departments are aware of the one issue, but with no law, not much could be done to solve it. He also pointed to the fact that Turner owns the house where his daughter Judy lives with all of those animals, and he’s against farm animals in the city. That should tell you something, Jankowski said.

“There are other issues going on that we can’t talk about,” he said.

He then proposed removing the feral cats from the entire law or stipulating that the spay/neutering program must be part of it.

“It will delay us, but I’d rather get it right,” he said. “I think we lumped it in, it was an afterthought. We made a mistake.”

Council needs more time to thoroughly review the issue of feral cats, Councilwoman Patti Pacino said.

“I definitely think we need more time to think about it,” she said.

Fellow council members Al McGinnis, Kathy Briggs, Paul Viele and Tammy Schmidt agreed.

Council unanimously voted to move forward with the farm animals ban and remove cats from the entire equation. The pared-down law will move to the Sept. 26 business meeting for a vote.

Lewis paused for a second before reacting to that news. 

"I'm ecstatic," she said. "We work to educate people and to educate them about feral and community cats. Feeding bans do not work."

Wendy Castleman of Volunteers For Animals cites that state law acknowledges the effectiveness of trap/spay/neuter/vaccinate/release programs as a way to stop cats from reproducing and the spread of disease. A feeding ban would be inhumane management of cats, she says, and it's a complex issue. 

Oliver's Candies is celebrating 90 years in business! We will have food vendors (The Red Osier, Los Compadre's, Pub Hub Coffee), face paintings, kid's games, bounce house, wine tasting with Autumn Moon Winery, State Troopers, Genesee County Sheriff with K9 Unit, the Batavia Animal Shelter, table raffles and 50/50! Proceeds from our table and 50/50 raffles will be donated to the Batavia Animal Shelter! Click here for more information on the day's events.

*The first 150 in-store purchases will receive a FREE Oliver's Swag Bag*.

Top Donors:

• Sweet Lee's Bakery
• Sweet Life Country Store
• Bounce House Of Batavia
• Red Osier
• Eli Fish
• Batavia Downs
• Liberty Pumps
• Center Street Smoke House
• Autumn Moon Winery
• Wright Beverage

 

Eli Fish hosted its fourth annual Oktoberfest Saturday at Jackson Square in Batavia. As promised by organizer Adam Burnett, the event was overflowing with attendees, as the ever-popular German band The Frankfurters played traditional songs, accompanied by the band's dance troupe. Attendees joined in with the dancing, and quenched their appetites with German-themed brews and food from Eli Fish Brewing Company.

Joanne Beck contributed to this article. Photos by Howard Owens.

More than two dozen volunteers placed 2,977 in remembrance of the 9/11 terrorist attack victims outside the VA Hospital in Batavia.

Organizations represented by the volunteers included VA employees, the VA police force, National Fuel, and the American Legion.

Photos by Howard Owens

The Byron-Bergen Bees beat the Batavia Blue Devils at Van Detta Stadium in boys soccer on Saturday, 4-2.

Goals for Byron-Bergen: 

• Gianni Ferrara to Jack Farner
• Colin Martin
• Jack Farner to Colin Martin
• Colin Martin to Jack Farner

Goals for Batavia: 

• Owen Halpin assisted by Quintin Cummings
• Matt Wittmeyer

Photos by Kristin Smith. For more, click here.