batavia

A local attorney representing a woman accused of hitting her child with an object is asking a Family Court judge to disqualify Durin Rogers, and the County Attorney's Office, from prosecuting the case in Family Court because of a perceived conflict of interest.

Thomas A. Burns, representing Niasia Jiggetts, filed the motion Oct. 22 alleging that because Rogers is a sitting, part-time Batavia City Court judge, and Jiggetts is also facing criminal charges in City Court, it opens up an apparent conflict of interest in Rogers access to City Court documents and his interactions with other members of the county's criminal justice system.

If the motion was successful at removing both Rogers, who is also a deputy county attorney, and the County Attorney's Office, the Department of Social Services would need to hire another attorney not affiliated with county government to represent the agency in this case in Family Court.

"As this court is certainly aware, and as DCA Rogers should be aware, a judge is obligated to avoid impropriety and the appearance of impropriety in all of the judge's activities and a judge is obligated to respect and comply with the law and is obligated to act at all times in a manner that promotes the confidence of the public in the integrity and impartiality of the judiciary," Burns wrote in his motion. "As this court is also aware, the judicial duties of a judge take precedence over all of the judge's other activities."

The Batavian contacted Rogers, a candidate for the full-time City Court Judge office, on Wednesday and offered him an opportunity to respond. Rogers said before replying he needed guidance from the Judicial Campaign Ethics Center.

In a request for an interview or statement, Rogers provided the following statement:

As a City Court Judge I cannot comment on pending city court matters, even when it is a case that I am not presiding over. The motion you forwarded to me is directed to me as an attorney. As an attorney with the County Attorney’s Office handling neglect and abuse matters in Family Court, I cannot and will not discuss the specific allegations of such matters due to laws regarding strict confidentiality. As to the motion, it is scheduled in the regular course of proceedings. Based on the Ethics Opinion that I sought and received from the Advisory Committee on Judicial Ethics when I first took the bench that ethically permits me to hold both positions, the motion has no merit and I am confident that it will be denied.

He also provided a link to the January 2015 opinion.

In response to the statement from Rogers, Burns said the 2015 opinion is not a ruling and was issued in response to questions posed by Rogers about serving in two capacities in general, not to actual overlapping roles of a specific case.

"The facts present in my client’s case were never considered in the opinion he cites," Burns said. "He is well aware that the opinion does not provide him with the authority to hold the position of both judge and prosecutor in the same case and to suggest otherwise is a complete misrepresentation of the opinion he cites and a total lack understanding of the ethical obligations he should have assumed when he sought the part-time judge position."

Burns added that Rogers' statement doesn't address the rights of his client nor the direct conflict raised by his duel capacities.

"I also find it troubling that he suggests that he cannot comment on a pending City Court case when he continues to argue the case in front of Judge Adams and Judge Balbick as a prosecutor," Burns said.

Jiggetts was arrested in September for an alleged incident on June 10. She is charged with assault in the second degree. Since the case involves her minor child, there is both a criminal case pending in City Court (because it's a felony, it could be referred to County Court later) and a case in Family Court. The Family Court case also alleges neglect of her child from March through April 2017.

She has pled not guilty.

Burns alleges Rogers has a conflict of interest because he shares chambers with Judge Robert Balbick, the presiding judge in Jiggetts' case, with desks only 10 feet apart and they confer frequently. Also, even though the case isn't assigned to Rogers, he could be asked to sit in for Balbick, if Balbick is unable to make court on any particular day. Rogers also has unfettered access to all City Court documents.

As a City Court judge, Rogers also interacts with many of the people involved in these cases for a variety of reasons, including deputies, social workers, child advocates, attorneys and prosecutors.

As an example, Burns stated, when Jiggetts appeared in City Court on Oct. 1, the assistant district attorney handling cases in City Court that day, had to call Rogers to confer with him about the status of an order of protection issued in Family Court and to "remarkably" seek the input of Rogers about a possible order of protection signed by Balbick. Rogers, Burns said, "consented" to a no offensive conduct order of protection.

"The assistant district attorney should not have to be put in a position of conferring with the associate Batavia City Court judge relative to the status of a proceeding in this court with respect to the matter pending before the senior Batavia City Court judge," Burns wrote.

Burns said in his motion, Rogers' position as both a county attorney and a part-time judge has put a number of people in local criminal justice in "extremely uncomfortable and ultimately unethical positions."

"The appearance of impropriety under these circumstances is clear and results from the unwillingness of DCA Rogers to acknowledge the fact that he cannot prosecute a neglect proceeding involving a pending criminal court charge in the Batavia City Court where he is appointed to act as a part-time judge," Burns wrote in his motion.

While Rogers has been both a deputy county attorney and a part-time city court judge for some time, and Burns said he's had concerns in the past, this is the first time, in his view, there has been a clear conflict of interest.

"There are many cases that overlap but I have never seen one that is so over the top obvious as this one," Burns said in response to an emailed question. "I simply cannot understand the unwillingness of the County Attorney's Office to acknowledge the conflict present here."

Asked for a statement, County Attorney Kevin Earl said, "I cannot comment upon the specifics of any allegations, but I know that during my tenure as the Genesee County Attorney as his immediate supervisor, Durin Rogers has always conducted himself exhibiting the highest professional and ethical standards."

Rogers is being challenged for the full-time City Court judge position by attorney Ben Bonarigo. Burns attended Bonarigo's campaign kick-off event last year.

The Genesee County Office for the Aging is offering an exclusive bus trip for a lunch at Salvatore's Italian Gardens Restaurant in Depew, featuring the live show "A 'Sinatra' Christmas My Way" with Buffalo entertainer Gary Quatrani.

This special Sinatra-inspired holiday bash sells out every year. Must RSVP by Nov. 15.

Trip is Tuesday, Dec. 3 and costs $49 per person, including lunch and show ticket. Cash bar is available.

Quatrani brings to life the timeless classics of Frank Sinatra, one of the most influential musical artists of the 20th century. Quatrani includes Sinatra favorites as well as festive holiday songs.

Come and be entertained, reminisce and sing along with this uplifting tribute to Sinatra and fantastic holiday show.

(Here's a link to Quatrani's take on "That's Life" performed at Salvatore's in 2017.)

Upon reservation, you can select one of three entrees:

• Lemon-caper chicken;
• Bruschetta tilapia;
• or spiral ribbon vegetables served on bed of ancient grains with marinara sauce.

Departure from the Office of the Aging, located at 2 Bank St. in Downtown Batavia, is at 10 a.m. on Dec. 3.

Doors at the venue open at 11 a.m. There will be a basket auction with tickets available for purchase to benefit a local charity (to be announced). These tickets are nonrefundable.

Lunch is served at noon. Entertainment begins at 1:30. Prizes awarded at 2:45.

Departure for Batavia is at 3 p.m.

For booking or more information call the Office for the Aging at 343-1611.

The bus tour event is provided by Know How Tours.

Press release:

Genesee Feeds, a Purina^® Certified Expert Dealer, is announcing their 2019 Purina^® Check-R-Board^® Days, a customer appreciation event. Their event celebrates another year of serving the Batavia community as a Purina^® dealer. Purina^® is also celebrating with their 125^th anniversary.

Stop by Genesee Feeds, located at 3860 W. Main Street Road in Batavia, tomorrow (Nov. 2^nd) during regular Saturday store hours 8 a.m. to 3 p.m. Enjoy savings, refreshments and prizes.

Customers will also have the opportunity to enter in the national 2019 Purina® Check-R-Board® Days Sweepstakes for their chance to win a 2019 Polaris® Ranger utility vehicle, a trip-for-two to the Purina® Animal Nutrition Center, or Orion® 65 Cooler.* (See store for official rules.)

“It is exciting to celebrate another year as a Purina® dealer,” says the staff of Genesee Feeds. “We thank our loyal customers and invite everyone to come celebrate our 2019 Purina® Check-R-Board® Days and Purina’s 125^th Anniversary with us!”

Purina Animal Nutrition LLC (www.purinamills.com) is a national organization serving producers, animal owners and their families through more than 4,700 local cooperatives, independent dealers and other large retailers throughout the United States. Purina Animal Nutrition LLC is headquartered in Shoreview, Minn., and a wholly owned subsidiary of Land O’Lakes Inc.

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors approved incentives for two capital investment projects in the Town of Le Roy at the board’s Oct. 31^st meeting.

Wright Associates is investing approximately $9.5 million to purchase and build-out an existing 139,000-square-foot building on Wright Avenue in Le Roy, and in the process create 125 new full-time jobs in Genesee County.

The company will make significant renovations to the building and property, including the installation of a new roof, updates to the electrical system, improvements to drainage system, installation of fiber optic cable, updates to heating, ventilation and air-conditioning systems, and other enhancements.

The beverage distribution company, based in Rochester, requested approximately $854,452 in mortgage, sales and property tax exemptions. The project's property, local sales tax and payroll represent a $135.50 local impact for every $1 of benefits.

Wendt Propane Gas Service is investing $1.3 million to build a new 9,600-square-foot facility at the corner of Route 19 and North Road in the Town of Le Roy, creating four new full-time jobs.

The company will be expanding its propane service to local residential, commercial, industrial and agricultural customers.

The company sought approximately $120,000 in mortgage, sales and property tax exemptions. The project represents a $24.50 local impact for every $1 of benefits.

The GCEDC board also voted to accept an application for incentives from Fraser-Branche Property LLC which is seeking to purchase and renovate the YWCA building on North Street in the City of Batavia.

The company will renovate approximately 8,700 square feet of the 13,000-square-foot facility for an expansion of Three Little Birds Pediatrics, and is proposing to lease back the remainder of the facility to the YWCA and two other existing tenants.

The total project capital investment is $1.4 million. Fraser-Branche Property, LLC is seeking approximately $105,000 in mortgage, sales and property tax exemptions.

The project will be part of the Batavia Pathway to Prosperity (BP2) program. Since the project is seeking more than$100,000 in incentives, the GCEDC will conduct a public hearing.

“These are three exciting projects for Genesee County, and especially the Town of Le Roy and City of Batavia,” said GCEDC Board Chair Paul Battaglia. “It’s great to see both the high level of capital investment being made and the number of jobs being created.”

City of Batavia firefighters gave Gretchen Weicher, a student at St. Paul Luthern School in Batavia, a ride to school in a fire truck as an award for winning the department's annual fire safety poster contest.

The National Weather Service is forecasting heavy rain, about a half-inch, between 4:30 and 7 p.m. for Genesee County.

Those are prime trick-or-treat hours but at least two venues in Batavia are moving their Halloween-related events indoors.

There is an event, a fall festival, starting at 5 p.m. at City Church's St. Anthony's facility on Liberty Street and what was originally a "trunk-or-treat" event at Grace Baptist on Vine Street at 5:30 p.m.

As for the rain, expect flooding in low-lying areas. Motorists are urged to slow down during the storm. Brief gusty winds are expected around 7 p.m. before strong winds arrive before the morning.

Marya B. Cole, 36, of Bank Street, Batavia, is charged with criminal nuisance. She was arrested on Oct. 23 after allegedly allowing people to sell crack cocaine out of her apartment between Sept. 9 and Sept. 28 in the City of Batavia. Cole was issued an appearance ticket and released. Cole is due in Batavia City Court at 1 p.m. on Nov. 12. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Mitchell Cowen.

Lizbet D. Cramer, 42, of Dellinger Avenue, Batavia, is charged with failure to exercise control of a minor. Cramer was arrested Sept. 9 after an investigation that alleges she allows a child to violate curfew and fails to abide by probation stipulations. She was issued an appearance ticket and is due in Batavia City Court on Nov. 12. The case was handled by Batavia Police Sgt. Christopher Camp.

Aaron W. Clark, 30, of Oak Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested at 4:20 p.m. on Oct. 28 on Oak Street in Batavia after allegedly punching and damaging a wall at a residence. Clark was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Nov. 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

Bobby Lee Mobley, 34, no address provided, is charged with: obstruction of governmental administration; criminal possession of a controlled substance; and criminal contempt. Mobley was arrested at 11:54 p.m. on Oct. 27 on Maple Street in Batavia following a domestic incident. Mobley was arraigned in Batavia City Court on Oct. 28 and jailed in lieu of $5,000 cash or bond. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Arick Perkins.

Aaron M. Hatt, 23, of Broadway Road, Alexander, is charged with third-degree criminal trespass. Hatt was arrested on Oct. 19 after allegedly entering and remaining on private property without permission to do so at 9:07 a.m. that day on Howard Street in Batavia. He was processed at the scene and released with an appearance ticket for Oct. 29 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Ridge A. Bono, 28, of Ross Street, Batavia, is charged with trespass. Bono was arrested on Oct. 21 following a trespass complaint alleging he went on property on North Street in Batavia at 4 p.m. on Oct. 20 that he had previously been banned from. Bono received an appearance ticket and is due in Batavia City Court on Nov. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jason Ivison.

UPTON ROAD BRIDGE PROJECT

There will be a public informational meeting on the replacement of the Upton Road Bridge on Tuesday, Nov. 19, at 6 p.m. at the Batavia Town Hall, 3833 W. Main Street Road.

For further information or if you require special arrangements (translators, handicap accessibility, etc.) contact:

Tom Lichtenthal, Town of Batavia Asst. Town Engineer

585-343-1729, ext. 218

A 64-year-old woman living in Batavia has been arrested on suspicion of selling controlled substances following an investigation by the Local Drug Task Force.

Linda P. Thomas, of West Main Street, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, and criminal sale of a controlled substance, 5th.

Thomas is accused of selling hydrocodone to an agent of the Local Drug Task Force and alprazolam to an agent on two other occasions.

Thomas was arraigned in County Court and released under supervision of Genesee Justice.

O’Lacy’s Irish Pub & Eli Fish Brewing Company have worked together and created a custom-made beer, hoping to show the public and business community that its not always about competing, but when you work together, both businesses can benefit!

On Tuesday, Nov. 5th , 5-9 p.m., O’Lacy’s Irish Pub will be hosting a kick-off party for the new hazelnut porter that has been custom made for O’Lacy’s Irish Pub by Eli Fish Brewing Company.

The collaboration was inspired as Kent Ewell (owner, O’Lacy’s), Chris Hoffman (bartender at O’Lacy’s) and Matt Gray (wwner, Eli Fish) were discussing the large amount of draft beer that O’Lacy’s sells.

“We should make you your own custom brew,” Gray said. “You pick the type (lager, ale etc.) and flavor if you wish and we can make it."    

After reviewing what was currently on tap at O’Lacy’s, Ewell chose a hazelnut porter, which is named appropriately, “Old Sod Hazelnut Porter.”

After sampling the test batch, Ewell said, “I think this is very unique and something people will enjoy.” 

At Tuesday's kick-off party, pints will be on special for $3.50. Come on out and try the new “Old Sod Hazelnut Porte,r” which pairs perfectly with O’Lacy’s Reuben sandwich and famous homemade chips and dip.

A former parolee from Rochester accused of murdering a good Samaritan on Ross Street at the end of May refused to appear in court today for an evidentiary hearing and Judge Charles Zambito set a new hearing date and ordered deputies to bring him in by force next time if necessary.

Quinten Edmonds is being held at the Genesee County Jail while awaiting trial. He is accused of killing Michael R. Paladino, 43, after Paladino reportedly saw Edmonds hitting a woman, who had been a passenger in the Rochester man's car, outside of Paladino's apartment on Ross Street.

A grand jury has indicted Edmunds on second-degree murder, a Class A-1 felony. 

Batavia Police Chief Shawn Heubusch said after the incident that their investigation indicated that Edmonds was in a vehicle in the City when an argument began between Edmonds and at least one of the two women in the vehicle with him. The vehicle stopped on Ross Street and the argument continued outside the vehicle.

Emergency dispatchers received a call of the disturbance at 5/7 Ross St. at 12:44 a.m.

Paladino suffered multiple stab and cut wounds to his upper torso and head and collapsed in the entryway of his apartment. He was transported by Mercy EMS to UMMC. He was pronounced dead at 5:05 a.m. by Coroner Don Coleman.

The women in the vehicle fled the scene right away and a police officer saw a vehicle driving erratically and stopped it in the parking lot just east of St. Joseph School.

Edmonds is next expected in court at 3 p.m., Dec. 12.

Benjamin Santiago Jr.

A man accused of entering an apartment on Ellicott Street and attacking the resident with a hammer before stealing property and a credit card and then stealing a truck from another person appeared in Genesee County Court today and accepted a plea bargain he had previously turned down.

With the guilty plea in the assault and robbery case, Benjamin Santiago Jr., 30, is facing a prison term of eight to 20 years.

Sentencing is scheduled for Dec. 5 at 2 p.m.

At 9:15 p.m., June 2, Santiago entered the apartment of a person he knew on Ellicott Street and demanded money. When he didn't get it, he attacked the man with a hammer, then stole items and fled on a bicycle he had stolen earlier in the day from a location on Bank Street.

He then located a 2010 Ford F150 Lariat super cab truck belonging to a third victim and fled to Rochester, where he was located and arrested by police there.

Santiago had rejected a similar plea offer before the case was referred to the grand jury.

He came into court facing an eight-count indictment, including first-degree robbery and a first-degree assault, and with the previous plea offer no longer on the table; however, after a conference with Judge Charles Zambito, Santiago was allowed to enter the plea under the same conditions as the previous offer.

Santiago has been arrested previously in and around Batavia, including a case involving problems at a local hotel that led to a multi-agency manhunt 2011. The two brothers in the case were later accused of trying to hire somebody to kill Santiago. Eventually, that case led to a prison term for Santiago. He was most recently accused of stealing $800 in tools from Crocker's Ace Hardware in Le Roy.

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors will consider approving incentives for two capital investment projects in the Town of Le Roy and an application for incentives for a project in the City of Batavia at the board’s Oct. 31^st meeting tomorrow.

Wright Associates is requesting incentives for a proposed $9.5 million capital project that would include the purchase of an existing 139,000-square-foot building on Wright Avenue in Le Roy. The beverage distribution company based in Rochester in seeking approximately $854,452 in mortgage, sales and property taxes. (Previously, Wright's project was estimated to cost $8.9 million, but additional costs in the final application pushed the projected total to $9.5 million.)

The project would create 125 new full-time jobs in Genesee County.

Wendt Propane Gas Service is requesting incentives in order to build a new 9,600-square-foot facility at the corner of Route 19 and North Road in the Town of Le Roy. The company will be expanding its propane service to local residential, commercial, industrial and agricultural customers. The company is seeking approximately $120,000 in mortgage, sales and property taxes.

The project would create four new jobs.

The GCEDC board also will consider accepting an application for incentives from Fraser-Branche Property LLC, which is seeking to purchase and renovate the YWCA building on North Street in the City of Batavia.

The company will renovate approximately 67 percent of the 13,000-square-foot facility and is proposing to lease back the remainder of the facility to the YWCA and two other existing tenants.

The total project capital investment is $1.4 million. Fraser-Branche Property LLC is seeking approximately $105,000 in mortgage, sales and property taxes. The project will be part of the Batavia Pathway to Prosperity (BP2) program.

The GCEDC Board meeting will take place at 4 p.m. Thursday at its offices at 99 MedTech Drive in Batavia. The meeting is open to the public.

A hazardous weather outlook was issued shortly after 3 p.m. today by the National Weather Service in Buffalo for portions of Western New York, including Genesee County and specifically the City of Batavia.

There's a high wind watch in effect from Thursday evening through Friday evening.

Southwest winds 30 to 40 mph are expected with gusts up to 60 mph possible.

Damaging winds could blow down trees and power lines. Given the wet antecedent conditions that will be in place, shallow rooted pines will be most vulnerable.

Widespread power outages will be possible. Travel could be difficult, especially for high profile vehicles.

Fasten loose objects or shelter objects in a safe location prior to the onset of winds.

A man on Cherry Street in the city called emergency dispatch to report that his neighbor "came onto his property and cut down his tree." The complainant wishes to speak with an officer, so one is en route.

Press release:

The City of Batavia is looking for residents of the City of Batavia to fill seats on the Deer Committee.

The City of Batavia and City Manager Martin Moore, Ph.D., are seeking interested candidates to join this committee in an effort to develop a workable deer management plan to mitigate the deer issue in the City. 

“We expect the work of this committee to take about six (6) months,” Moore said. “Once the deer management plan is completed, it will be presented to the City Council, and ultimately New York State for approval, in order to further our mitigation efforts.”   

Applicants must be residents of the City of Batavia. Applications are available at the City Clerk’s Office or online here.