batavia

Even though local laws regulating where convicted sex offenders can live have been overturned by courts, the Batavia City Council wants more information on what sort of laws it can pass regulating sex-offender residency around daycare centers, parks, schools and churches.

The issue is being pushed hardest by Councilwoman Rose Mary Christian, who has received complaints about a Level 3 sex offender in her ward.

"Our preliminary investigation shows a strong leaning in the courts -- because there is such an extensive body of state statute dealing with this matter -- there is a strong feeling in the courts that this is an area that the state legislature has preempted," said City Attorney George Van Nest. "It would be beyond the ability of local municipalities to create a whole other body of regulations."

A Web page maintained by David Hess, pastor of the West Henrietta Baptist Church in West Henrietta, tracks local sex-offender laws and writes that such laws have been thrown out in Schuyler, Albany and Rensselaer counties.

"We need to do something to protect our children," Christian insists.

Council President Marianne Clattenburg suggested the city ask the New York Conference of Mayors if any local laws have been upheld. Those might be the model for Batavia, she suggested. Then the council can better direct Van Nest on any draft laws or other action.

Three residents spoke in favor of creating tighter local regulations on where sex offenders can live, including Tara Pariso, a mother of three children who is also executive director of CASA, an agency that acts as advocates for children caught up in the legal system.

Pariso discovered while searching for daycare for her own children that one daycare center in Batavia is operated by the wife of a Level 2 sex offender who lives in the house next door to the facility.

"I have no trust left in our state that they’re protecting our children," Pariso told local media after the meeting. "They have no licensing requirement that there are no sex offenders in their neighborhood. I would not trust the state to tell me who is safe and who is not, and the licensing really means nothing to me at this point. I have to do my own background investigation to figure out who I can trust my children with."

The home Pariso is concerned about is Teddy Bear Day Care, at 25 Pearl St., Batavia. 

The New York Office of Children and Family Services lists Marsha Coy as the operator of Teddy Bear Day Care.

Ronnie Coy, a Level 2 sex offender, lives at 27 Pearl St. He was convicted in 2002 of promoting sexual performances by a child and served more than a year in prison. According to local law enforcement officials, Coy has not been in any trouble since his release from prison.

A Genesee County database indicates Ronnie and Marsh Coy purchased 27 Pearl in March, 1983.

The owner of 25 Pearl is another Batavia resident, so Marsha Coy apparently rents the location of Teddy Bear Day Care.

According to the state site, the daycare business was first licensed in June, 2003. It's current license runs through June 2011. It was last inspected on Jan. 25. There have been no state enforcement actions against Teddy Bear since it opened in 2003. There are no pending complaints against the facility, which is licensed to handle 10 children ages 6 months to 12 years old, and two additional school-aged children.

Teddy Bear's only signage on the house is hand-painted and hanging from a window by the front door.

In researching this article, we found Hess's Web site, mentioned above, and he asserts that local laws restricting where sex offenders can live are counterproductive.

The common view is that the recidivism rate is high among sex offenders. It is not. New York regularly publishes 3-year follow-ups of all those released from state prisons. Between 1985 and 2002 a total of 12,863 sex offenders were released. Only 272 of these (2.1%) were returned to prison for new sex crimes within three years of their release.  (2002 Releases: Three Year Post Release Follow-up, State of New York Department of Correctional Services, p.16) 

This corresponds with an Associated Press story from 2003 that states that only 5.3 percent of sex offenders are arrested for the same offense after their release. Wikipedia also has a good summary of studies and stats about the very low recidivism rates among convicted sex offenders.

Batavia Police are being dispatched to State Street in the area of Batavia High School where a man has been observed dancing in the rain.

The subject was "last seen sashaying south on State," a dispatcher said.

The caller also reports that the man allegedly took a bottle from his pocket, took a swig and returned it to his pocket.

Josh Stendts, a 17-year-old senior at Batavia High, is pretty impressed with the slide shows ESPN creates for its Web site, so a while back he tried his hand at creating one about the Buffalo Bills losing season. Friends and family liked it and started encouraging him to do one about the Blue Devils boys basketball team.

At first, he resisted the idea, but when Batavia beat Sutherland and went to 8-1, he got excited about the team's prospects for the season.

In past seasons, Batavia vs. Sutherland games "have had a lot of tension and produced exciting games," Josh said in an e-mail today. "When I heard the Blue Devils had won in Sutherland, I knew it was going to be a special season. No one, including myself, thought this team was going to be as successful as they ended up being. I stopped doubting the team when the Blue Devils defeated Sutherland."

Josh's dad was also pushing him to do a video about the Blue Devils.

There was problem, Josh had a song idea, but not enough pictures. When Batavia reached Sectionals, however, The Batavian started going to games and shooting and posting lots and lots of photos.

The song was Billy Joel's "We Didn't Start the Fire," because, Josh said, it was fast and he could pack a lot of information about the team into the lyrics.

When he first uploaded the slide show, he didn't have all the pictures he would eventually include, but as more and more friends and fans saw the video, it began to become popular around the campus.

He continued to polish the effort.

"On March 12th, I put together a slide show with a few pictures," Josh wrote. "I finished a rough copy and posted it on YouTube. When I returned to school on Monday the 14th everyone, including the teachers, congratulated me on such a great video. My last class of the day on Monday was GYM and my teacher is Coach Brasky. As I entered the gym to check in, he immediately pointed at me and told me 'Great Job, unbelievable.'"

Buddy Brasky and Principle Chris Daily wanted to show the video at a pep rally on Friday, before the team left for the state championship games in Glens Falls.

"I was absolutely shocked and incredibly thankful for the opportunity," Josh said.

He did one more edit on the video and then handed it over to school officials to play at the rally.

"On Friday, the video was played in front of the entire school," according to Josh. "I was nervous about what everyone would think. As the video came to a close, I received a standing ovation from the entire auditorium, including the basketball team. It was definitely one of the best experiences of my life."

Josh is definitely thinking about the idea of going into media production, but he's also interested in sports medicine. He says he has plenty to think about when he starts classed at GCC in the fall.

"I would like to sincerely thank everyone who was involved in making this video a success, Mr. Dailey and Mr. Mullen for allowing me to show the video at the assembly," Josh said at the close of his e-mail. "Mr. Bromley (Sports director) who e-mailed the video to all the teachers. All my family and friends who viewed the video, and a special thanks to The Batavian for giving me permission to use their pictures for the slide show."

The Batavian would like to thank Josh for using our pictures. That's a great honor. We did ask Josh to add credit to The Batavian in his video, and we are grateful that he readily agreed to so. Congratulations to Josh on such a great tribute to the Blue Devils. It's definitely a great piece of quality work.

Katrina L. Drake, 20, of 14 South Main St., Batavia, is charged with criminal mischief, 4th; Toni M. White, 29, same address, is charged with disorderly conduct. Drake and White were allegedly involved in a domestic dispute at 10:53 a.m., Saturday, with Drake allegedly destroying property belonging to White, and White allegedly yelling obscenities repeatedly while outside.

Stephen A. Lewis, II, 29, of 18 Cherry St., Batavia, is charged with DWAI (Drugs); aggravated unlicensed operation; moved from lane unsafely and inadequate headlamps. Officer Jason Davis stopped Lewis stopped Lewis at 12:15 a.m, Sunday, after reportedly observing him driving on East Main Street with out headlamps, turning onto Harvester Avenue and striking the curb.

Gregory L. Brennan, 41, of 8044 Kelsey Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, and driving the wrong way on a one-way street. Brennan was stopped at 5:06 a.m., Friday, by Officer Daniel J. Coffey after allegedly being observed driving the wrong way down North Spruce Street.

Summer Ogden, 31, of 112 State Street, lower, rear, is charged with assault, 3rd, and criminal mischief, 4th. Ogden is accused of attacking her boyfriend and biting him causing an injury. She also allegedly destroyed some property. She was arrested at 8:15 p.m., Thursday. She was jailed on $1,000 bail.

Andrew J. Duckworth, 31, of 128 Jackson St., Batavia, is charged with harassment, 2nd. Duckworth was allegedly involved in a domestic dispute with his girlfriend at their residence. He was arrested at 4:08 a.m., Sunday, and jailed on $1,000 bail.

Warren H. Gaskin, 51, of 541 East Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating without headlamps. Gaskin was stopped at 2:17 a.m., Saturday, by Officer Thad Mart after allegedly being observed driving on West Main Street without headlamps.

Robert J. Scott, 35, of 30 West Ave., Medina, is charged with aggravated unlicensed operation, 2nd. Scott was taken into custody on a warrant from 2005 by Batavia Police on Friday after being released from Orleans County Jail on unrelated charges. He was jailed on $1,000 bail.

Dennis F. Johnson, 49, of 901 Akron Road, Pembroke, is charged with DWI, driving with BAC of .08 or greater, consumption of alcohol in a motor vehicle, inadequate plate lamps and failure to yield to an emergency vehicle. Johnson allegedly failed to stop at 8:30 p.m., Saturday, for Deputy Kevin McCarthy who was attempting to make a traffic stop for an alleged equipment violation. Johnson allegedly didn't stop until he was in the driveway of his home.

Justin Zane Barker, 21, of 52 Columbia Ave., Batavia, was taken into custody on a bench warrant out of Cheektowaga Court for alleged petit larceny.

Julie Skye Besser, 42, of 380 Council House Road, Alabama, is charged with DWI, failure to yield right of way to emergency vehicle, refusal to take a breath test and failure to dim lights. Besser was reportedly stopped at 12:47 a.m., Sunday, on Hopkins Road in Pembroke, by Deputy Jason Saile.

Justin James Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal contempt, 1st, two counts of criminal trespass, 2nd, unlawful imprisonment, 2nd, menacing, 3rd, harassment, 2nd. Jaszko allegedly violated an order of protection at 4:30 a.m., Saturday. He was jailed on $20,000 bail.

A 17-year-old from Oakfield is charged with aggravated harassment. The youth allegedly sent unwanted text messages and made unwanted phone calls to a young victim after being told to have no further contact with that person.

Lacey Ann Easton, 21, of 13369 Steiner Road, Akron, is charged with unlawful possession of marijuana. Easton was stopped at 12:34 a.m., Saturday, by Deputy Patrick Reeves for alleged traffic violations on Route 5, Pembroke.

Anthony John Ferris, 28, of 43 Longs Lane, Corfu, is charged with six counts of criminal contempt, 2nd. Ferris allegedly tried to call his ex-girlfriend in violation of a court order while locked up in Genesee County Jail.

Henry Leon Polanowski, 30, of 7205 E. Superstition Springs Blvd., Mesa, Ariz., is charged with unlawful possession of marijuana. Polanowski was arrested by Deputy Chad Minuto at 2:21 p.m., Friday, in Oakfield.

James R. Presnal, 51, of Penfield, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and refusal to take a breath test. Presnal was reportedly stopped by State Police at 7:46 p.m., Saturday on the Thruway in the Town of Batavia.

Accidents from the State Police blotter:

4:32 p.m., March 18, Pekin Road, Elba, two vehicles; Driver 1: Mary R. Maciag, 26, of Darien Center; Driver 2: Joan C. Whyman, 68, of Oakfield. No injuries reported.

7:40 a.m., March 20, Thruway toll entrance, Town of Batavia, two vehicles; Driver 1: Ashton L. Smith, 27, of Le Roy; Driver 2: M.L. Klinkbeil, 36, of Rochester. One injury reported.

Brandon M. Maldonado apparently needed a place to sleep Monday night, but where he wound up on Tuesday evening probably isn't what he had in mind.

That night, he was sleeping in the Genesee County Jail, locked up on no bail and charged with burglary, 2nd, endangering the welfare of a child and unlawful possession of marijuana.

At 7 a.m., Tuesday, the 21-year-old Batavia resident was reportedly found sleeping on a couch, wearing only a T-shirt and covered with a blanket, in an upstairs bedroom in a house on North Spruce Street. That isn't where he lives. His address is 42 Spencer Court.

It's unknown what time Maldonado allegedly entered the house as an uninvited guest, but he was reportedly highly intoxicated at the time.

The rest of his clothes were reportedly found in a child's bedroom, where a 5-year-old was sleeping that night, leading to the charge of endangering the welfare of a child.

The child was not injured.

So, as Peter and I have time, we've slowly started to explore Batavia. We're both from the Hilton/Spencerport area, and do not really know the good places to go and who to call when we need stuff.

One of our first discoveries was Main Street Pizza last summer, and we love getting pizza from there. We order a large and bring it home to eat it for days. The coupons in the penny saver are great, too.

We've been shopping at Neptune Gardens for a while now, for all of our fish. While some supplies are limited, the fish we buy from there generally last and are quite healthy.

This past Wednesday, I got out of work early, and we decided to go out for a bite to eat. We hit up T.F. Brown's. It was terrific. Peter got corned beef and cabbage, and I got a personal pizza, and we got wings for a starter. We'll definitely be going back.

This morning we wanted something quick and easy for breakfast, and so we debated between Settler's and Miss Batavia, and chose Miss Batavia. We were in an out in less than an hour and the food was great! We both got great meals, with good portions and prices. We'll be back, and even will recommend it when we have people in town.

I think as we explore more, I'll post about our experiences. Many of our ideas about where to go comes from local advertising, such as The Batavian. We also got a few ideas from the place mat ads at Miss Batavia. While we may not know a lot of people, I'm hoping the more the explore, the more we find places to go where we might be able to meet more people.

More wells in the area of Bank Street and Townline roads have tested positive for e-coli bacteria, according to Town Supervisor Greg Post.

With 25 percent of the 55 wells checked in that area testing positive, Post said it's time for the town to make free well tests available to all homeowners in the town.

And the town is also ready to help neighborhoods that want to switch to public water get started on that process.

"I would have a hard time as town supervisor if I denied somebody even on the other side of town help if they had the same issue," Post said.

In an unattributed press release from the Town of Batavia, officials say well contamination is a serious issue that demands immediate attention. The town is working with the Genesee County Health Department to determine the extent of contamination.

From the press release:

It's the Town's experience that wells within the Town are highly susceptible to well contamination during spring thaw. The Town strongly encourages any Town of Batavia property owners that do not currently have public water to contact the Genesee County Department of Health at 585-344-2580 and request a one-time sampling. The Genesee County Health Department will collect the sample and plot the location of the water well with a GPS survey device. These samples are funded by the Town of Batavia. You may request a test for coliform bacteria and nitrates. The results of the test will be available at Batavia Town Hall.

Any property owners who are interested in public water are encouraged to notify the town in writing (either with an informal petition, by individual letter or e-mail). In areas of concentrated interest, the Town will begin the process of seeking grant funding to extend public water to those areas.

Previously: Three residential wells on State Street Road contaminated by e-coli

Today was the 21st annual Penny Carnival at St. Joe's. As always, a big turnout for the games, activities and food.

More pictures after the jump:

A special invitation was given to the Girls Club of Assembly of God to join in on the Easter Bunny day at Olivers Candies. The girls club is in the process of raising money to go to Camp Hill. The girls club held a hot dog sale. They had lots of help from their fellow friends and church members. The Girls Club truly thanks Manager Jeremy Liles pictured above with wife Anna and children Trinity, Jesse, and Tahlia.  A special thanks to those of you in the community that stopped by and supported the girls. Also a special thanks to Olivers Candies for the free chocolate and candy given to all that stopped to see the Easter Bunny.

Hey I even caught our very own Howard on camera!  It was an awesome spring day out!

These two employees enjoy the day sharing the joy with all that came in the store.

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

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.

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.

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.

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 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.

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).

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.

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.

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.

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.