All three alleged bookies released from jail following bail review hearing
Lance Engel
Three Batavia men, including two city firefighters, who are accused of operating an illegal gambling operation, are being released from jail this afternoon following a bail review hearing in city court.
All three entered not guilty pleas to the charge of criminal possession of gambling records, a Class E felony.
Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, were arrested Thursday following a six-month investigation.
The trio was initially arraigned Thursday and Justice Robert Balbick was required, because of the felony charge, to order them held in Genesee County Jail without bail pending a report by Genesee Justice of their bail status.
The report on all three recommended, because of their strong ties to the community, that they be released on their own recognizance.
Attorney Larry Andolina is representing Phillips. Asked what he made of the charges, he replied to a reporter, "Are you looking for something other than dumb?"
He added, "I think prosecuting somebody for gambling in New York State is at best, dumb. As I was leaving the Sheriff’s department today, there’s a sign with an arrow that says 'Batavia Downs Race Track and Casino' and it points that way. If you drive down that way, there’s lottery tickets on every corner, there’s Power Ball every where, I just don’t understand it."
Phillips is a longtime resident with extended family in the area. He's married with children and owns his home. He's worked for the city 17 years.
Phillips is also accused of possessing a small amount of cocaine and is charged with criminal possession of a controlled substance, 7th.
Bordinaro is married, too, with one child at home and he's a homeowner. He's been employed by the city 18 years.
Engel has a wife and three children, owns his home and has been employed by the state for 17 years.
The alleged bookies had several friends and family members in the courtroom during the hearings.
Anolina explained that under state civil service law, the two city firefighters will stay on the payroll until the department files charges. Once charges are filed -- this is a process outside the judicial system -- the department will have 30 days to hold a disciplinary hearing or reinstate their pay.
The Rochester-based attorney reminded reporters that "suspects are innocent until proven guilty."
"These are good people," he said. "They are good men. We’re not dealing with people who are bad people. They are good family men."
COMING: The Sheriff's Office conducted a press conference this afternoon. We'll post a separate story on that later.