Lawrence Friedman, who retired today after 40 years of service to the people of Genesee County, was provided an honor walk by members of the criminal justice community as he exited the County Courthouse officially for the last time this afternoon.
Participants included members of the Genesee County Sheriff's Office, Batavia PD, Le Roy PD, Probation, the courts, fellow prosecutors, and defense attornies.
When members of local law enforcement attempted to execute an arrest warrant at a residence on East Avenue in the City of Batavia today, a second person wanted on a parole warrant was also located at the address and police learned there was potentially a third warrant suspect inside the residence.
The need to search the residence prompted a response from additional law enforcement personnel.
On scene were Batavia PD, the Sheriff's Office, State Police, and probation officers.
The original arrest warrant suspect was taken into custody along with the probation absconder suspect without incident, said Chris Camp, assistant chief of police, Batavia PD.
The potential third warrant suspect was not in the house.
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To read the response of school and district officials to the parents' complaints, click here.
Lidia’s Story …
She would often come home distraught after being verbally taunted at Batavia Middle School.
She would tell her mom that kids called her names and told her to “go back where you came from,” which prompted the teenager to ask why. Why should she want to go back to Texas, she wondered.
No, that’s not what the kids meant, her mom Lidia said. Being of Hispanic and Native American descent, Lidia’s daughter was instead being asked to go back to Mexico, Lidia said.
“She would come home crying, saying ‘I’m from here,’” Lidia said Sunday to The Batavian. “I just want (district leaders) to realize there’s a problem at school. There’s bullying everywhere, and maybe the teachers, the Board of Education, the principals will pay attention.”
Lidia’s family moved from Texas to Batavia six years ago. It was mostly in the middle school that her daughter suffered from name-calling with “racist and homophobic slurs,” her mom said. The teenager, who is also gay, required counseling, a prescription medicine for depression, and, at one point earlier this year, hospitalization for her compounding mental health issues, her mom said.
When the verbal assaults continued, albeit not quite as harsh as in middle school, the current high school senior finally had enough. She and some friends decided to organize a walk-out, promoted with a flyer, and advertise the bullying wrongs in a pamphlet, both created by Lidia’s daughter.
She asked her mom what she thought of the idea. It wasn’t just for Lidia’s daughter, but for those others she saw getting bullied as well with nothing being done by the school district.
“Her biggest concern was a lot of people were getting bullied and no one is doing anything,” Lidia said. “They were alone in this; she felt that maybe having a walk-out might bring it to the attention of others. I told her to go ahead, and I was going to be there. She ruffled some feathers, she put a spotlight on it.”
The pamphlet’s cover page features a Batavia Blue Devil with “Batavia School Kills” at the top. It continues to state “Don’t tell us students to do better. Don’t try to place the blame on us. Staff Members are useless. They don’t care about us.”
Due to the use of students’ names throughout the pamphlet, The Batavian is not going to publish it here. Batavia city schools “allow racism, homophobia, sexism, and misogyny, but won’t allow our shoulders to be exposed,” it states. There are a number of alleged bullying scenarios described, including boys yelling homophobic comments, someone being screamed at to kill him/herself by another student, and using "nig- - -," "faggot" and "stupid Jew" to describe fellow students.
There are some educational components of defining particular words, such as ableist, transphobic, racism, sexist and anti-Semitic. A couple pages have big bold letters asking “What the F- - -.”
Lidia’s daughter has been suspended from school for violating the Code of Conduct. She will receive tutoring at a site away from the high school for an indefinite period of time. Her mom is still waiting for instructions from the district administration.
Holly’s Story …
Bullying with no repercussions seems to be a common complaint amongst parents and their children. Holly has two children in the district and one who graduated two years ago. The 10th-grader is bi-racial and diagnosed with autism spectrum.
Bullying has driven her online, her mom says.
As the victim of consistent racist name-calling — with no end in sight — the 15-year-old withdrew from the brick and mortar school in May and studies completely online now.
“So a lot of people don’t know that I had been basically bullied out of school due to racism, being called names such as ‘nig- - -‘ and ‘monkey,’ she said in an online post provided to The Batavian by her mother.
Although her daughter told teachers and counselors about the situation, she contends that the alleged bully remained in school with no apparent accountability, Holly said.
“They were aware of it,” she said. “The situation continued.”
Her daughter ended up making some poor choices in response to the verbal attacks, her mom said, and is willing to face the consequences. District leaders “were quick to give her suspension,” she said, but what about the other student?
“She continues to say things,” mom said of the alleged bully.
Both Lidia and Holly said that their children were offered a solution of removing themselves from the classroom and/or hanging out in a counselor’s office. Only problem with that was her child’s bully would sometimes also be in that counselor’s office, Holly said.
She discussed the issue with district leaders in May and June of this year, without an acceptable solution, Holly said. And although she admits that her child is not perfect, she would like to see more being done to address bullying.
“I think awareness definitely needs to take place,” she said. “My frustration is there’s a zero-tolerance policy.”
That means if two students get into a physical altercation, even if one of them was defending him/herself, that person could also get penalized. Holly feels that’s unfair.
“I think when these kids go to the teachers, there should be some kind of mediation between all parties involved,” she said. “Kids lose faith in the system if they’re going to teachers and nothing can be done. The BHS principal said that anyone who walks out will be suspended. Kids wanted to peacefully protest bullying. What’s being done about her being bullied?”
Regardless of district action, or inaction according to parents, both daughters weren’t going to wait around for someone else to help them. Lidia’s daughter drafted the printed literature to distribute, and Holly’s daughter created a petition at change.org.
The online petition, posted publicly by Ellie, has received 84 votes so far, with a total of 100 being sought. Her reason wasn’t “so much of being safe, but I’ll feel better as a person if I wasn’t attacked in school for my skin color,” she explained in the petition. She went on to request that “the student who has been racist to a lot of students at my school and me” be removed from school.
“It’s not fair that students who have been attacked with racism by this person go to school and not know if this person is going to say those things again,” she said, adding that it’s not acceptable.
Sherri’s Story …
For Sherri’s daughter, she opted to get physical. After dealing with a boy’s ongoing sexual harassment in her junior year, the girl slapped him in the face after first attempting to confront the bullying by reporting it to teachers, Sherri said. The end result was punishment for both sides. She got two days of in-school suspension and was suspended from school for one day. The boy was given two days of suspension.
Sherri referred to a program that she believes isn’t being well promoted by the district. Sources of Strength, a peer-to-peer mentoring program, offers viable emotional support for troubled students, she said. Due to last year’s pandemic and kids staying home, this program isn’t well known in the district community, she said.
Sources of Strength is a high school group with the message “We Belong!” It initiated a March 2021 campaign in the district newsletter. Sources of Strength is a suicide prevention program with approximately 70 BHS student members, called peer leaders, and six adult advisors, the newsletter stated.
Holly plans to keep her daughter out of school and online for the remainder of this year. She plans to wait and see “how this year plays out.”
“She is extremely bright and is doing higher-level classes at 15 … so she can get out of school as soon as possible because it is so stressful,” the proud mom said. “There are some good teachers there, some good people there, but all it takes is one rotten apple to spoil the bunch.”
Top photo: Batavia PD's resource officer worked at the school during the closure on Dec. 3 and another officer happened to be at the school at the time the photo was taken. Photo by Howard Owens.
Editor’s Note: This is the response from Batavia City School District’s Administration regarding parent and student comments about bullying at district schools. The district closed city schools last Friday, Dec. 3, following the perception of threats of violence and after the distribution of pamphlets and a proposed walk-out in protest of what students believed was a lack of response to bullying.The district closed after reports of threats of violence at buildings in the district began circulating on social media. Per a press release issued on Dec. 2, District officials "worked in close collaboration with the Batavia Police Department and made the decision to close the schools out of an abundance of caution."
To read what the parents had to say about bullying at Batavia HS, click here.
Contrary to the belief of some families that Batavia City School staff doesn’t care about or respond to bullying adequately enough, there are teachers, counselors, administrators, and even student peers in place to support students in need, Interim Superintendent Scott Bischoping says.
“I think it’s important for parents to know we want to work together. We appreciate parent input,” he said during an interview with The Batavian Wednesday. “The folks here are committed to working with the kids and parents to make this district the best we can.”
Bischoping and Batavia High School Principal Paul Kesler agreed that incidents being cited by students do not always have a simple fix. In fact, they are often “far more complex than that,” Bischoping said.
He doesn’t deny that there are “true instances” of bullying that are clear-cut violations of the district’s Code of Conduct, however, “these are the ones that are easiest to work with,” he said.
It is all of the other situations — involving “multiple kids and multiple issues” — that take time to navigate, investigate, decipher and determine who the key players are and what was said and/or done, he said.
“There’s no immediacy involved with that,” Bischoping said. “There’s no one of these that looks alike; each one we go into with a different approach.”
Some students had reported to their parents instances of name-calling using homophobic and/or racist slurs, and that the incidents weren’t being taken seriously by district staff.
Kesler offered a rebuttal: These matters are treated with confidentiality, he said, and therefore information is often kept private while staff investigates the situation.
“We do look into discrimination on any level; it isn’t anything that we tolerate,” Kesler said. “My recommendation is that if a parent calls somebody and they don’t feel the situation has been dealt with, call again. Once we’re made aware of the situation, we know our responsibility is to take care of it. Our goal is for the situation not to happen again.”
Some parents complained that their children were offered opportunities to leave the classroom and remove themselves from their accused bullies. The parents didn’t feel it was fair to remove their child from the classroom or to offer safe space at a counselor’s office, where the alleged bullies were as well. That’s where things can get dicey since counselors are also trying to talk with the accused bullies to try and rectify the situation, he said.
Board of Education President Alice Benedict feels confident that district leaders are responding to family concerns appropriately.
"I talked to Interim Superintendent Bischoping several times, and he reassures me that available counselors and teachers are contending with lots of questions of students and their complaints of bullying," Benedict said. "I think they are doing all they can. It can be overwhelming for teachers and counselors. It seems the tragic death of one of the students seems to have pushed the students' comments of being bullied."
There has been no confirmation of that student's death being related to bullying, however, many families have linked it to other bullying incidents. District officials had no official comment about the death, but have offered condolences to the family at prior board meetings.
What is bullying?
According to the district’s Code of Conduct, the Dignity for All Students Act (pages 15 and 16) “makes sure students are learning how to get along, work together, and respect differences in schools that are safe and welcoming to all.”
“The District strictly prohibits discrimination, harassment and/or bullying against any student, by employees or students, that creates a hostile school environment by conduct, or by threats, intimidation or abuse, including cyberbullying, that: a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property,” the Code states.
“Such conduct shall include, but is not limited to: acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression) or sex,” it states.
There are students that claim to have been so disturbed and disrupted by the name-calling that they left school and enrolled in a BOCES remote learning program that is completely online. Kesler estimated there to be 25 students enrolled in the program at this time for various reasons that also include parental concerns about the transmission of COVID-19. He would like students to remain in school, but the online program is another option, he said.
Where to turn for help
The district provides four counselors at the high school and another counselor who is shared between the middle and high schools, and additional counseling or social work support is being actively sought, Bischoping said. Part of the American Rescue Plan Act funds of $5 million will go toward supports of instructional and mental health counseling, and other Covid-19 related needs, such as air purifiers, he said.
Other resources include:
The We Belong campaign was to bring awareness to breaking stereotypes and being tolerant of all people, the newsletter stated. It focuses on inclusion and acceptance, without regard to race, religion, gender, culture, or other differences.
“Instead, members work to encourage their peers to be proud of who they are and to find strength in the positive characteristics they hold,” it stated. “In line with the District's mottos of belonging together and remaining strong, the Sources of Strength group kicked off the campaign with a mural in the BHS entrance stating, ‘We, the Blue Devils, Belong Together.’”
Throughout March, Sources of Strength members planned to reach out to the student body in a variety of ways, including shared, student-led videos and a lunchtime program aimed to reach as many individual students as possible. A wall art display represents how the entire student body creates one picture all together, regardless of differences, the newsletter stated.
COVID Complications …
The pandemic — which closed school, placed students at home on a computer, and created massive social distancing — did its share of damage amongst students, Kesler said. CBS News reported that the United States Surgeon General issued an advisory this week about a mental health crisis that is worsening amongst youth.
The number of youth experiencing depressive and anxiety symptoms, the advisory stated, doubled during the pandemic to 25% and 20% respectively, and in early 2021, emergency room visits for suicide attempts in the U.S. were 51% higher for adolescent girls and 4% higher for adolescent boys compared to the same time in 2019.
Kesler agreed that school districts are experiencing a similar pattern, according to counselor reports.
“Students are realizing that their mental health needs more priority, we’ve certainly seen that,” he said.
Earlier this year, Zach Watts opened his own barbershop, My Cut, at 202 E Main St, Batavia, and this past week, The Batavian interviewed him at his shop.
Dozens of area families who lost loved ones over the past year gathered at the First Presbyterian Church in Batavia this evening for a service of prayer and remembrance.
This is the 25th year that H.E. Turner & Co., Bohm-Calarco-Smith, and Burdett & Sanford Funeral Homes brought the service to the community.
Those who suffered the loss of a loved one were able to light a candle and have it on display during the service.
The ecumenical service combined music, prayer, Scripture reading, reading of the names of loved ones and the tolling of the bell in remembrance, and a message of hope by Reverend Dr. Roula Alkhouri.
Three-year-old Alana Marie is missing her stuffed giraffe, which has been her constant companion since she was born.
"It means the world to her and she has been so upset since losing it," said her mother Cortney Edwards.
Edwards said it was lost on Liberty Street in Batavia sometime between 2:45 and 3:15 p.m. yesterday.
If found, call (585) 356-5818.
Press release:
We're busy gearing up for our 2nd weekend of Our Hometown Christmas at Main St. 56 Theater in Batavia City Centre both Friday, December 10 from 4 to 9 p.m. and Saturday, December 11 from 9 a.m. to 4 p.m.! We'll have even MORE great crafters and vendors for your last-minute Christmas shopping: Crafts by Kellie, Tastefully Simple by Rebecca, Whimsy Christine Marie, Crazy Quilts, Chantel's Fun, and Fashionable $5 Jewelry, Build A Buddy, Wells Creations, EverPresent Church Raffle, Autumn's Dream, Cindy's Treasures, Carol's Custom Wreaths, Morning Mist Farms, Color Street by Sarah Wessel, Past, Present & Future Treasures, Laurie Chamberlain, Marlana's Chunky Corner, Serena's Crafts and From the Heart Crafts and Gift Shop, just to name a few!!! Santa will be here for more visits and photos from 5 to 8 p.m. on Dec 10, and Mrs. Claus will visit with us Saturday morning for Storytime from 10 a.m. to12:30 p.m.! Lots of great local entertainment both days as well. See you there!
The sentencing of former funeral home director Michael Tomaszewski on fraud charges has been delayed again because he's tested positive for COVID-19.
District Attorney Lawrence Friedman said Tomaszewski's attorney produced a document showing his client had tested positive.
County Court Judge Charles Zambito ordered Tomaszewski to the Genesee County Jail where he was tested again. That test, according to Friedman, was also positive.
Tomaszewski's court appearance has been delayed until an as yet undetermined date.
The former funeral director entered a guilty plea in April to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.
Jail Superintendent William Zipfel said he can't discuss the health status of an inmate at the jail but said since the start of the pandemic, per the protocol of the state's Commission of Corrections, all new inmates are quarantined for their first 14 days in jail.
His sentencing on the conviction has been delayed multiple times for various reasons.
Story updated at 4:11 p.m.
Emory Upton's Colt Single Action Army Revolver recently sold at auction for $345,000.
Don Burkel said the results of the auction show that the Batavia-native is an important historical figure.
"He really was a very important person in American military history and apparently is still highly regarded," Burkel said.
Of course, the Holland Land Office Museum would have loved to have acquired Upton's revolver but the price was out of the museum's range, Burkel said.
The video above indicates the revolver is the same one Upton used to take his own life on March 14, 1881, at the Presidio in San Francisco after suffering for months with debilitating headaches.
Previously:
Press release:
Leaf collection has ended for the year. Any resident that has leaves or other yard waste may utilize the Yard Waste Station (M-Sat 11 AM – 5 PM) through this week. The Yard Waste Station will CLOSE for the season on Saturday, December 11, 2021.
The following items cannot be accepted at the station:
- Tree stumps, building materials, rock, fill (soil and stone) other debris. Yard waste shall be free of trash (paper, plastic, bottles, cans…etc.), as this material cannot be processed.
Use Law Street entrance to enter and exit the City Yard Waste Station only.
Kimberly Blue, 33, of Batavia, is charged with endangering the welfare of a child and criminal contempt 2nd. Blue allegedly left several children under age 10 unsupervised for several hours on Nov. 20. None of the children were harmed and they were turned over to relatives. The investigation is ongoing and Child Protective Services has been contacted. Blue was issued an appearance ticket.
Dean C. Siminski, 32, of Batavia, is charged with criminal obstruction of breathing, endangering the welfare of a child, and harassment 2nd. Siminski is accused of engaging in a physical altercation with a child on Nov. 29 at 6:45 a.m. He was arraigned in City Court and ordered held on $2,500 bail, $5,00 bond, or $15,000 partially secured bond.
Crystal A. Mounts, 44, of Batavia, is charged with two counts of petit larceny. Mounts is accused of stealing a package from a porch on North Street, Batavia, at 7:30 a.m., Nov. 23. She is also accused of stealing a package from a residence on Summit Street. Mounts was issued an appearance ticket.
Christopher C. Taylor, 21, of Conesus, is charged with burglary 2nd and criminal contempt 2nd. Batavia police officers allegedly observed Taylor inside a specific residence in Batavia in violation of an order of protection. He was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.
John Hobbs, 34, of Batavia, is charged with theft of services and criminal contempt 2nd. Hobbs is accused of leaving a local restaurant on Nov. 4 without paying for his meal. He was allegedly at the restaurant in the company of a person he is not allowed to contact by court order. He was arrested at the Genesee County Jail on Nov. 24 and issued an appearance ticket.
Jessica Holtz, 38, is charged with petit larceny. Holtz is accused of shoplifting from a location on Jackson Street, Batavia. She was issued an appearance ticket.
Miya R. Houseman, 21, of Medina, is charged with DWI and driving with a BAC of .08 or greater. Houseman was stopped at 2:13 a.m., Nov. 27, on Oak Street, by a Batavia PD patrol. Houseman was issued an appearance ticket.
Kara Brooke Sass, 27, of West Main Street, Batavia, is charged with criminal possession of a controlled substance 3rd (intent to sell), criminal possession of a controlled substance 4th, and criminally using drug paraphernalia. Sass was allegedly found in possession of cocaine and narcotics paraphernalia during a probation check of her residence at a mobile home park at 7:39 p.m., Dec. 3. Sheriff's deputies assisted probation officers at the scene. Sass was arraigned in Batavia Town Court and released under supervision of Genesee Justice.
Justin T. Calmes, 43, of Watson Street, Batavia, is charged with criminal contempt 2nd. Calmes is accused of violating an order of protection by following, approaching, and interacting with a person who is the subject of the court order at 2 p.m., Nov. 27, at a location on Pratt Road, Batavia. Calmes was arraigned and released.
Press release:
This year we will be splitting funds raised between Make-A-Wish of WNY and Meals on Wheels through the Genesee County Office for the Aging. Every dollar you spend on a gift certificate between now and Dec 23rd will be donated in its entirety.
- Spend $20, get a $25 gift certificate
- Spend $50, get a $60 gift certificate
- Spend $100, get a $125 gift cert.
- Spend $200, get a $260 gift cert.
- Spend $300, get a $380 gift cert.
It’s a win-win. Get more for your money and help those who really need your help.
https://www.co.genesee.ny.us/departments/office_for_the_aging/in_home_services.php
Photo by Howard Owens: Front left, Carter Spencer, Brand Vogt. Back left, Mark Fanara, Kate Piasecki
The 36th Health and Humanitarian Award of Genesee County was presented today to Bill Hayes, owner of Turnbull Heating & Air Conditioning in Batavia.
The award presented by The Jerome Foundation recognizes volunteer men and women of Genesee County who have helped promote the emotional, physical and spiritual well-being of the area’s residents.
In naming Bill Hayes for this year’s award, The Jerome Foundation recognized more than 30 years of volunteer service and community involvement by Hayes. He has been a supporter of multiple charitable causes in our community including Habitat for Humanity, BEA, Cornell Cooperative Extension, Notre Dame High School, St. Joseph School, YMCA, YWCA, All Babies Cherished, Batavia Lions Club, Northgate Free Methodist Church, among others.
Performances of the Adventures of Sherlock Holmes by the BHS Drama Club will go ahead as scheduled on Saturday and Sunday (7 p.m. and 2 p.m.) with Friday's postponed performance being moved to 7 p.m., Sunday. Tickets for all three shows are still available here.
Previously: BHS Drama Club presents Sherlock Holmes play
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