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Royal Rangers host pinewood derby

By daniel cherry

Today at 8:30 am was the annual Outpost 42 pinewood derby. Jimmy Left and Daniel right on the top photo placed 1st and second in adventure Rangers class.The second image is the wegh in.The cars must be 5.5 ounces or less.Whew lucky ours were less.The 3rd picture down is prims class.The last image is "the finish".The cars are moving at lightning speed.Thanks to all who made this possible for the children and young adults .We do appreciate it...dan

Easter Bunny hops into Oliver's for annual visit

By Howard B. Owens

Six-month-old Jaylynne, with her mother Tesla Greck, met the Easter Bunny for the first time today at Oliver's Candies. The Easter Bunny made a special guest appearance at Oliver's today and gave out candy to dozens of children who came by for a visit.

Blue Devils drop semi-final game to Westhill

By Howard B. Owens

Disappointing first half for Batavia in its semi-final championship match against Westhill.

The Blue Devils trail at the half, 40-22.

The story line of the first half is pretty simple: Batavia's shots haven't been falling and Westhill pretty much can't miss.

Westhill started the game with a three-point goal and Batavia has been chasing the Section III champs all night.

You can listen to the game live on WBTA.

UPDATE 9:41 P.M.: At the end of the third quarter, 51-37, Westhill. Early in the third quarter, Batavia pulled within 10 points, but then Westhill took control back and quickly erased all of the Blue Devil's progress. Listen on WBTA.

UPDATE 10:03 p.m.: Westhill wins, 69-53. Andrew Hoy led Batavia with 24 points.

UPDATE on Saturday evening: Syracuse.com has four good photos from the game.

'Living composer' visits Batavia elementary school

By Daniel Crofts

You learn a lot about great dead composers in music class -- Bach, Mozart and Beethoven, etc.

The kids at John Kennedy Elementary School got a lesson that's a little different this year: learning about a living composer who doesn't live too far from Batavia!

Mark Hijleh, Ph.D, a Houghton resident and professor of Music Theory and Composition at Houghton College, has written many musical pieces in the last couple of decades. These include scores for short films made at the Rochester Institute of Technology. Some of his music is available online, including the piece that John Kennedy School's music teacher, Jeffrey Langdon, chose to share with his students.

"When [Langdon] realized that I lived close by," Hijleh said, "he asked me if I would come in and speak to the kids."

Hijleh is no stranger to the Batavia area. He conducted the Genesee Symphony Orchestra in 1997, and his wife -- also a Houghton professor -- had James Schmeider as a voice student. Schmeider had leading roles in a number of summer theater productions in Batavia.

Hijleh was kind enough to sit down with The Batavian for a Q&A session, in addition to answering students' questions.

Q&A with THE BATAVIAN:

Q: What led you to become a composer?

A: I started with music lessons when I was a kid. I was about 7 when I asked my parents if I could learn to play the piano. Then about five years later I got real serious about it. I started to hear music in my head, and I experienced strong feelings that I wanted to share [through music]. I got a lot of support as my musical interest and talent developed. My high school band director encouraged us to be creative, and my piano teacher helped me out when I started to write my own music.

Q: Did your parents ever say anything like, "Are you sure you don't want to be a doctor?"

A: Good question. Actually, I had very supportive parents. My dad was a computer programmer, but he had always wanted to be a musician. My mother, who was a teacher, was also someone who appreciated music. And I was an only child, so they could afford to support my efforts. I did think about being a lawyer, actually. But then I came to realize that we each have our own calling, our own talents and interests, and this was mine.

Q: Music programs are often prime targets when it comes to budget cuts. Based on your years of experience, do you think music has any practical value that makes it worth funding?

A: The cost question is not inconsequential. Frankly, I think that part of the concern, as far as cost goes, has to do with the question of whether or not music education is relevant to contemporary culture -- more specifically, of whether or not it effectively prepares children for life in an increasingly global society.

Up until about 30 ago, music classes focused almost exclusively on Western Classical music. And there's a lot to be said for Western Classical music, but the relevance of music education becomes questionable when it focuses on one narrow category. But I have seen music education become more progressive in recent years. Teachers and students are discovering a whole world of inspiring and powerful music from many different cultures, and they've come to understand that different forms of music can't be judged by the exact same standards.

As society has become more global, we have proven that music is a good way to help different cultures connect with each other. Every human society has music -- none that we know of don't have it. And there are a lot of things that some cultures don't have, but music isn't one of them. It's relevant to all cultures and absolutely elemental to the human spirit. By helping kids understand the importance of music, we can help them to understand the ways in which what they're listening to on their iPods -- and how they're listening to it, for that matter -- can relate to their lives and influence their decision-making.

Q: What composers have influenced you the most?

A: If I had to narrow it down I'd mention two composers. One is Olivier Messiaen, a French composer who lived from 1908-1992. He contributed greatly to the field, both in terms of the development of musical language and its connection to spirituality. The other is John Williams, the film composer. He's been heard all around the world, probably more than any other composer because of the universal presence of film. I've learned from his ability to both make his music interesting in terms of content and make sure it communicates effectively.

Q&A with STUDENTS:

Q: What does it feel like to be a composer?

A: It's very exciting, but also a little scary because you're sharing inner feelings and thoughts with people and you don't know how they'll react. But it feels really good when people like your music! So it's a risk and a reward to communicate musically.

Q: What inspires you to be a composer?

A: I have music going on in my head all the time, and also in my heart, and it just has to come out and be shared.

Q: What's your favorite song that you didn't write?

A: Honestly, there are so many I just can't choose!

The Houghton Philharmonia Orchestra will play one of Hijleh's pieces, an Arabic-inspired work called "Sama'i Hijaz al Hijleh," in a 7 p.m. concert tomorrow at Attica High School.

Batavia man faces federal complaint for sharing files on sex site

By Howard B. Owens

A federal complaint was filed in Buffalo last week against a Batavia man accused of sharing pictures online in a chatroom depicting naked young girls in revealing positions.

A federal agent was monitoring the chatroom as an administrator on the two occasions when the Batavia man allegedly entered the discussion area.

Samuel W. Nigro, of 145 Trumbull Parkway, is accused of violating Title 18, United States Code, Section 2256(8), which deals with interstate commerce and using both physical and digital means to share material depicting minors in a sexual way across state lines.

According to an affidavit filed by Investigator Matthew R. Meyer of Immigration and Customs Enforcement, Nigro entered chatrooms at free6.com and shared files with another user.

Meyer reports searching Nigro's home on Dec. 9 and seizing two computers, an external hard drive and thumb drives.

There were explicit video files involving prepubescent girls on the devices, according to Meyer, but no charges were listed in the complaint for items found on the devices.

As an administrator, Meyer was able to obtain the IP address for the users, and after Time Warner responded to a subpoena, it was determined that the IP address of one of the users was linked to a subscriber at the Trumbull Parkway residence.

The alleged chats took place on May 21 and June 17.

Free6.com is registered to a man in Sweden, Stefan Sederholm, according to the domain registration company Go Daddy, but the domain has been suspended for "Spam and Abuse."

Two cars reportedly hit near Thruway tollbooth

By Howard B. Owens

Two cars apparently collided when leaving the tollbooth at the Batavia exit of the Thruway.

Initially, there were injuries reported, but a first responder reports he doesn't believe there are injuries.

There is a fluid leak.

Town of Batavia Fire and Mercy EMS are responding.

Blue Devils in state championship semi-finals tonight

By Howard B. Owens

It's Friday, and it's a big night out for the Batavia Blue Devils.

Buddy Brasky's team plays a semi-final state championship tournament game at 8:30 p.m. in Glens Falls.

If the Blue Devils beat Section 3 champion Westhill (20-2), Batavia (20-3) will play for the Class B state championship on Saturday at 9 p.m.

Tonight's game will be broadcast live on WBTA.

Should the Blue Devils advance, The Batavian will cover the championship game on Saturday. T.F. Brown's is sponsoring the coverage (we can accept two more sponsors to help cover the cost of our trip, so if any businesses want to be a sponsor, let me know today).

Police Beat: Man accused of breaking window at friend's house

By Howard B. Owens

Robert Michael Price, 25, of 693 E. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and criminal mischief, 4th. Price allegedly drove to a friend's house and broke the window at a little after midnight today. Deputy Frank Bordonaro arrested Price on the additional charge of DWI.

Matthew J. Klink, 38, of Albion, is charged with DWI and driving with a BAC of .08 or greater. Klink was stopped by state police at 12:28 a.m., Thursday, on Route 77 in Alabama. No further details released.

Anthony W. Johnson, 54, of Buffalo, is charged with DWI. Johnson was arrested by state police at 11:43 p.m., Wednesday following an accident on the Thruway at mile marker 383.8, Town of Stafford. Erin M. Vecio, 33, of Pittsford, was reported as the driver of the other vehicle. One person was reported injured in the accident. No further details were released.

Accidents from the state police blotter:

5:18 p.m., March 18, Thruway, mile marker 396.6, Pembroke, two vehicles; Driver 1: Elvira R. Alexander, 33, of Renselaer; Driver 2: hit-and-run suspect. No injuries reported.

Council facing busy agenda for Monday's meeting

By Howard B. Owens

The Batavia City Council will have a full agenda when it meets at 7 p.m., Monday, at City Hall.

  • The council will be asked to act on awarding a contract for removal of liquid lime sludge from the water treatment facility to A.D. Call and Sons.
  • Up for review are a number of requirements related to receiving Community Development Block Grants for neighborhood improvement efforts.
  • A request to seek qualified consultants to help with the city's strategic planning.
  • Councilwoman Rose Mary Christian has asked for a discussion about proposing legislation regarding the residential location of sex offenders.
  • Councilman Sam Barone has asked for a discussion on compliance letters for code violations and local representation of out-of-state landlords.
  • The public items on the agenda are then followed by a closed session for a personnel matter and union negotiations.

Federal charges brought in two alleged meth lab cases

By Howard B. Owens

Additional charges, including federal charges, have been filed against two men suspected in meth lab operations in Batavia and Le Roy.

One of the men was not previously named as a suspect in recent meth lab raids.

Warren T. Cotton, 33, of 335 Bank St., Batavia, faces federal  charges of manufacturing, possessing with intent to distribute, and distributing a mixture or substance containing a detectable amount of methamphetamine. He's already named as a suspect in the alleged discovery of a meth lab at 13 Ross St. on Feb. 24.

At the state level, Cotton is also charged with criminal possession of a controlled substance, 2nd.

Matthew Long, 20, of 24 W. Main St., Le Roy, is charged with manufacturing, possessing with intent to distribute, and distributing a mixture or substance containing a detectable amount of methamphetamine, in violation of federal law.

Long was not previously named as a suspect in either the 13 Bank St. raid or the alleged discovery on Dec. 10 of a meth lab at 28 Clay St., Le Roy.

Evidence hearing in arson case touches on whether police and parole cooperated too much

By Howard B. Owens

The degree of cooperation between Batavia Police investigators and New York State parole officers during the investigation into an alleged arson last year could determine what evidence can be used at trial against Andre Scott, accused of attempted murder.

In a hearing that was broken up over three different sessions in a three-week span, defense attorney Thomas Burns probed whether state parole officers based in Rochester merely did what they were supposed to do in supervising Scott, or collaborated with Batavia investigators to obtain evidence improperly.

The 6' 8" Scott, who appeared in court Thursday sporting a big, ill-kept '70s style Afro, is charged with arson, attempted murder and burglary. He is in jail awaiting trial.

Burns focused most of his questioning of Det. Chuck Dudek and Parole Officer Chris Van Schaick on when and how Batavia police obtained custody of Scott's mobile phones, the reason and nature of parole officers obtaining a saliva-based drug test and whether Batavia officers incorrectly participated in a search of either Scott's car or his home.

Since Scott was on parole -- starting in 2007 on a unlawful possession of a weapon conviction -- Scott is required to comply with search requests and submit to drug and alcohol tests from parole officers. He isn't required to be as cooperative with agents of other law enforcement units.

Scott is accused of trying to set fire to an apartment in Batavia on Jan. 24, 2009. Batavia investigators quickly identified Scott as a suspect and went to Rochester in an attempt to question him. When they failed to make contact, they called Van Schaick and asked for his help in locating Scott.

After an initial meeting at the parole office in Rochester, two Batavia detectives and three parole officers staked out Scott's apartment.

Scott, who had a 9 p.m. curfew, arrived at the complex at 8:50 p.m., but parked in a lot next door to his complex.

The Batavia detectives, along with a parole officer, stopped Scott and the parole officer immediately handcuffed him, apparently, because of a concern that he might be carrying a weapon.

Parole officers then searched Scott's car and obtained one of his cell phones.

At Thursday's portion of the hearing, Scott took the stand, and said Dudek asked to search his car and Scott said no. Dudek then obtained a key from one of the parole officers and attempted to open the car. After the car was finally opened, Dudek removed Scott's mobile phone and then began pushing buttons -- which Scott said he knew, because he hadn't had time to terminate his previous phone call and his Bluetooth ear piece was still activated.

Dudek denied that sequence of events. He said Det. Patrick Corona accidentally locked Scott's car after Scott was in custody, felt it was his mistake and asked Dudek to help get the car unlocked again. But once it was unlocked, Dudek said he returned to the vehicle where Scott was being held and took no part in the search, except to help remove the spare tire.

Once back at the parole office, Scott was asked to submit to an alcohol screening and drug test.

Scott admitted on the stand Thursday that he had been drinking on Jan. 25, in violation of his parole terms. He also said that during his nearly two years on parole he had been asked to submit to drug tests about 20 times. Each time, he said, the test was a urine sample.

This time, Scott was asked to submit to a mouth swab.

Prior to the alcohol screening, Van Schaick said during his testimony on Thursday that Dudek asked for the mouth swab after the screening.

Van Schaick said he asked Dudek, "You're looking for DNA?" Dudek said he was. "This," Van Schaick said, meaning the mouth swab, "would be better than the tube."

Dudek's version of that exchange didn't include an explicit mention of a search for a DNA sample.

At the end of the hearing Thursday, Judge Robert Noonan, during the process of selecting a trial date, said to District Attorney Lawrence Friedman, "Based on the evidence I've heard, I gather that if the defense wins its motion, it would not be terminal to the prosecution?"

Friedman agreed it would not be terminal to his case against Scott.

Noonan won't rule on the defense motion to suppress the disputed evidence until after receiving written briefs from both the defense and the prosecution.

A trial date was set for Aug. 23, with a provision that if a week (the trial could take up to five days) opens on the court calendar before then, the trial date would be moved up.

Scott has until June 30 to accept any potential plea agreement, otherwise the case will go to trial.

Motorcyclist reportedly struck on Ellicott

By Howard B. Owens

A motorcyclist has reportedly been struck by a car at the intersection of Ellicott and Otis streets, Batavia.

City Fire and Mercy EMS are responding.

Batavia Police investigating home invasion burglary

By Howard B. Owens

Two men with faces covered by white towels or bandannas forced their way into a home at 20 Vine St. at 5 a.m. and demanded drugs.

The intruders threatened the use of guns but did not display a weapon.

One of the three residents at home at the time fought back and one of the suspects, a black man, may have suffered cuts on his face and nose.

The second suspect is a white man.

Investigators do not believe the home was selected at random.  The suspects fled the scene in a northerly direction.

Anyone with information is asked to call the Batavia Police Department at 585-345-6350 or the Batavia Police Department’s Confidential Tip Line at 585-345-6370. Information can also be left via the Suspicious Activity Reporting link at the Batavia Police Department’s web site.

Police Beat: Batavia man accused of trying to steal from CSX Railroad

By Howard B. Owens

David J. Swartz, 49, of 313 Washington Ave., Batavia, is charged with petit larceny and trespass. Swartz was reportedly found on CSX Railroad property Wortendyke Road in the Town of Batavia. Sheriff's deputies and a CSX Railroad police officer responded to the area at 9:30 p.m., Tuesday, after receiving a report of a suspicious vehicle. Swartz was allegedly stealing items from CSX.

Joshua S. Bettilyon, 22, of 26 Maple St., Apt. A, Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Bettilyon was stopped by Deputy Chad Minuto in the Village of Oakfield at 8:45 p.m., Wednesday, for allegedly speeding.

A wee bit of the Irish in Batavia tonight

By Howard B. Owens

Several bars in Batavia tonight were popular spots for St. Patrick's Day celebrations, but Center Street Smoke House had students perform from McMahon School of Irish Dance (above). Meanwhile, O'Lacy's Irish Pub, as you would expect, was packed (below).

Batavia's Richmond Library holds 'Family Primetime Story Hour' on Thursday evenings

By Daniel Crofts

Family Primetime Story Hour is for all ages and is held from 6:30 to 7 p.m. every Thursday at the Richmond Memorial Library.

This event includes stories, music and finger plays. Children are welcome to wear pajamas if they wish.

Please contact the library at 343-9550 for further details.

Event Date and Time
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Raises reported for Graham executives

By Howard B. Owens

In a filing with the SEC, Batavia-based Graham Corp. announced raises for its senior executives, effective April 1, according to the Rochester Business Journal.

Pay for CEO James Lines jumps 3.8 per cent, from $265,000 to $275,000.

Three percent increases were given to Jeff Glajch, vice president–finance and administration and chief financial officer, to $216,000; Alan Smith, vice president of operations, to $183,536; and, Jennifer Condame, controller and chief accounting officer, to $132,613.

'MAMMOTH Sale' and 'Antique Alley' to be held at St. Joseph's in Batavia

By Daniel Crofts

St. Joseph's School will hold its sixth annual MAMMOTH Sale, featuring tens of thousands of garage sale items, on Saturday, April 10. Plus, there will be a new feature called "Antique Alley."

Items for sale will include antique furniture, glassware, a baby buggy from around 1800, kitchen utensils, toys, books (including the "Bobbsey Twins" series), cameras and other local antiques. Only cash will be accepted for payment.

The sale runs from 9 a.m. to 4 p.m. at the school located at 2 Summit St. in the City of Batavia.

Event Date and Time
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Victim asks judge to throw the book at con man, and Noonan grants her wish

By Howard B. Owens

Yusuf A. Hassem told Judge Robert Noonan today that's he's not an evil man.

"Most of those things on my record are misdemeanors," said the 69-year-old con man who's criminal history dates back to 1957.

Noonan wasn't buying it.

"I'm imposing the maximum sentence and I know there is a prosecutor in Albany looking to do the same," Noonan said. "I don't know if you are going to live long enough to see daylight again or not, but society would certainly be safer if you don't."

Hassem, aka Louis L. Reed, was convicted by a jury Feb. 3 of grand larceny, 4th.

The maximum sentence Noonan could impose was two to four years in state prison.

The swindler stole $2,000 from a Batavia woman after meeting her at Tonawanda Valley Federal Credit Union. That day Hassem was dressed in suit that made him look like a possible African visitor and spoke to the woman in a fake Nigerian accent. He said he was new to the country and needed help with a banking transaction. Somehow, he managed to switch packages with her, handing her a pile of paper in a handkerchief, and walking off with her money.

The mother of three was working three jobs at the time, 70 hours a week, and the $2,000 represented her entire savings.

In court today (she asked that I not us her name and I agreed), the woman described how angry she was and how foolish she felt when she realized her money had been stolen.

"I had to rethink the situation and realize I was just being me -- helpful and good-hearted, and I got taken advantage of by a criminal that had sadly made a career out of taking from people," the woman told Noonan.

She said Hassem should be locked away forever and asked Noonan to throw the book at him.

District Attorney Lawrence Friedman pointed out that Hassem has made contradictory statements about the events of that day and most recently told pre-sentence investigators that he didn't steal the victim's money.

"It’s clear this defendant can’t tell the truth," Friedman said. "We can't really protect society from him long enough because eventually he will get out and he will victimize people again. The maximum isn’t long enough, but let’s at least protect society for as long as we can."

Friedman noted that the Buffalo resident's rap sheet is 23 pages long and spans multiple decades, multiple states and multiple aliases.

His defense attorney asked for some a minimum sentence because of health issues and Hassem's age.

When it came time for Hassem to speak, he blamed the victim. He claimed that he flirted with the woman and she flirted back and that they had made a date for later.

"This is really about she couldn't get a dime from me," Hassem said.

When the aging grifter finished his disjointed speech, Noonan laid into him.

"Well, sir, it's hard to imagine that somebody could get to be nearly 70, and to be as intelligent a person as you seem, and then be so detached from reality," Noonan said.  "For you to think that this young woman would be attracted to you and that you could get a date with her, while it may have been in your mind that she was flirting back, while you're all dressed up in your funny little African costume, and that you could win her over as a little old man who needed her help, is hard to believe."

Noonan also ordered Hassem to pay restitution of $2,000, which Hassem also tried to dispute saying his family tried to pay restitution previously, but Friedman turned it down.

Noonan shut him off with a terse, "you also could have accepted a plea before this case went to trial for one and a half years. Those times are long gone. This case is over. The matter is adjourned."

At which point, Hassem was asked to sign some papers and he started to speak again, but his deputy escort said, "Do you want to add contempt of court to your charges?"

Transformer explosion on Walnut Street

By Billie Owens

Batavia Fire Department is responding to a reported "transformer explosion" at 61 Walnut St. National Grid has been notified.

UPDATE 2:54 p.m.: The transformer is fine, says the fireman. They are leaving the scene. There are a couple of wires up high there that are dangling or loose. "Mighta been some squirrels," the fireman says, as a possible explanation.

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