batavia

A car has struck a guard rail at Pearl Street Road and Upton Road in the Town of Batavia. There are believed to be no injuries. Law enforcement is responding.

Before being handed the maximum sentence possible in county court today, caregiver Heidi L. Schollard was described as ruthless, narcissistic, thoughtless, manipulative, dangerous, relentless, remorseless, predatory, cruel, selfish, without mercy and completely clueless as to the gravity of her crimes.

The 40-year-old Batavia woman and mother of two who bilked two elderly patients out of hundreds of thousands of dollars was given up to seven years in prison. In May, she pled guilty to four felonies -- three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony.

On the latter conviction, she got one-and-a-third to four years in prison, and for the other crimes she was given two-and-a-third to seven years. These will be served concurrently under the terms of a plea agreement with the District Attorney's Office.

The caregiver was initially arrested in December 2010 for allegedly stealing about $250,000 from a Batavia resident. She was out of jail during the proceedings in that case and was arrested again in March and accused of defrauding another elderly person. The victim in that case is a resident of the Town of Alabama.

When asked about what some may consider a good deal for the defendant, District Attorney Lawrence Friedman said afterward that "there were no assurances with this case" if it had gone to trial. That's because the simple fact that the victims needed a caretaker could call into question their capacity to testify and communicate about the case.

"It is already a hole in the balloon," said a relative of a victim outside the courtroom.

"If Heidi says she was given gifts of money, how do you prove they weren't?" Friedman said, "It's not a slam-dunk and unless you know all the facts of the case, it's easy to -- like the judge said -- be critical."

Schollard, who lives at 161 Bank St., was also ordered to pay restitution to the first victim of $265,131 and $42,026.57 to the second one. In addition, she has to repay the state Department of Taxation and Finance $23,414 and another $2,485 to the NYS Department of Labor. When you tack on another 5-percent surcharge requirement, the order comes to nearly $350,000.

But no one in the courtroom seemed to believe full monetary restitution will ever be made -- certainly not in the victims' lifetime, nor likely in the defendant's lifetime.

In the meanwhile, the victims are having to liquidate many of their assets. And their families are left to pick up the pieces of all the broken lives, according to their testimonies and in letters filed with the court.

The first speaker this afternoon identified himself as a victim's son and told Judge Noonan:

"We were an average American family -- we spent the holidays at my parent's house, Thanksgiving, Christmas, birthdays. We had bumps, but we all got along. Then Heidi came into the house and started to change everything. She moved around the furniture. She did things her way. It became Heidi's house. I didn't even like to enter the house. It felt foreign."

Add this to the mix -- Heidi's in a romantic relationship with his nephew and now the lines of communication in the family are strained.

"We're no longer a family, we have no base anymore, it's gone," he said, choking back his tears.

The next speaker said his aunt was a victim and that Schollard first came into the picture in 2006 when she was highly recommended as a caregiver. In time, the employee's actions resulted in his aunt not being able to live out her years in the lovely home she had had all her life.

"She ruthlessly and thoughtlessly manipulated my aunt to further her criminal plans," the man said.

His aunt experienced a "profound loss of trust, deep depression, self recrimination and has lost her will to live and this has impacted her health."

The nephew went on to say that besides stealing huge amounts of money via hundreds of fraudulent checks and ATM transactions, she continuously violated basic personal boundaries.

As an example of Schollard's manipulative behavior, the nephew said she frequently introduced herself to people as the woman's daughter or granddaughter. She even insisted on being allowed to sit in on his aunt's sessions with her psychiatrist. But the doctor refused and deemed Schollard to be "dangerous."

When his aunt was placed in an assisted-living facility, he said Schollard would go there, after being told to have no contact with her, and not sign in at the front desk. She'd leave with his aunt and then bring her back just in time for her meds so she wouldn't be missed. She gave his aunt a cell phone and only Schollard knew the number to it. Ultimately, he says Schollard tried to move his aunt out of the facility. And not long ago, she tried to contact his aunt in violation of a court order, the nephew said.

A CPA, who had been one of the victim's tax advisor for 25 years and is now a financial co-guardian of the estate, said that in his entire 35-year career, he has never encountered such an egregious example of elder abuse. The accountant said that in the week leading up to a family meeting about the forensic examination of the victim's financial records and the dispensation of 249 checks, Schollard misappropriated $50,000 and covered her tracks by cooking up a second set of books.

Throughout the whole ordeal, the tax man said Schollard showed no remorse whatsoever.

After the testimonies, Friedman said the picture that emerged reflects exactly what "someone like her would say and do," and he told Noonan she deserved no consideration of leniency.

"No one wants her to be at liberty to pay back some part of the restitution," Friedman said. "We seek the strongest maximum sentence."

Noonan said over the past several days he spent hours poring over a voluminous case file. Oddly, the last letter he read was written last week by Schollard herself, and it's chock full of attempted manipulation in order to get leniency. Noonan said it had the complete opposite effect on him.

The other letters he read amounted to more than just the rantings of angry victims. It was practically a case study in how someone can methodically victimize the frail and elderly.

He knows because during the last two years he said he's attended seminars about an emerging trend in the courts -- elder abuse -- which will likely continue as more Baby Boomers age.

Then Noonan put this case in context of his time spent on the bench. In the last 16 years, having meted out prison times for more than 100 cases a year on a wide range of crimes, Heidi L. Schollard's case is a rarity.

"This is a case that's different from any I've ever had before," Noonan said, not only for the huge theft -- none has ever totalled up to this much money, but also because it's rare that he sentences nonviolent, first offenders to a lengthy prison term.

"You are so narcissistic, so self-centered, so unaware of how your conduct fits into the world," Noonan told Schollard. "Society needs to be rid of you for as long as possible. ... You just don't get it...You are a thief who apparently has enough charm to make the elderly feel you are their friend but you are not."

Even her attorney said "We won't waste the court's time asking for mercy."

The perp was sullen, dressed in a gray hoodie and matching pants, wearing white sneakers, tortoise shell-rimmed glasses, with her hair pulled back in a stubby ponytail. Gone was her mug shot's pert semblance of a smile and look of wide-eyed wonder. She sat with slumped shoulders, eyes cast downward, and had nothing to say when the judge asked her if she wanted to speak.

After sentencing, a deputy ushered her off to jail.

Outside the courtroom, her brother-in-law stood, seeming somewhat dazed about what had just taken place. He said this has been a long time in coming and he wanted to witness the proceedings firsthand, so later on Heidi can't lie about what was said. He said she is a pathological liar.

"She's been a peach to deal with for 10 or 15 years," he said, noting that she always blames her troubles on others, or the past.

He said she is the second youngest of 12 children who were split up during childhood and put in foster homes "where some bad things happened." But she denies responsiblity for her actions.

Now he and her sister are the guardians of the former caregiver's children and will be for years to come.

A convicted criminal in Pembroke was allegedly found in possession of four handguns during the execution of a search warrant at his residence Wednesday.

Members of Local Drug Enforcement Task Force were assisting Batavia PD detectives with the search at a home on Allegheny Road when the guns were allegedly found.

The original reason for the search warrant or why it was a Batavia PD case was not released.

Charged with criminal possession of a weapon, 3rd, a Class D felony, is 59-year-old Frederick J. Hensel Jr.

Hensel has a prior criminal conviction, according to the Sheriff's Office, and did not have pistol permit.

Hensel was arraigned in Darien Town Court and jailed on $25,000 bail.

For the second time today, a white male wearing a tan, possibly white, shirt and shorts entered the McDonald's restaurant in Batavia and yelled at patrons not to eat their food. Police are responding.

Alleged intruders are inside the former Laughing Buddha tattoo parlor and reportedly trashing the store and/or throwing things around inside, says a caller to the emergency dispatch center. A rep from building owner Mancuso Properties is en route along with city police.

The store is located on Ellicott Street in the City of Batavia.

An officer on scene reports there are two people inside. An officer asks dispatch to contact former store operator Jason Lang.

UPDATE 10:09 p.m. (by Howard): Free-lance journalist Alecia Kaus went to the scene. It appears there was a misunderstanding over a display counter inside the former store. Another business owner claims he still owns the counter and was removing it. The property owner showed up and wouldn't let the person remove the counter. Authorities were unable to contact Lang to help resolve the issue, so the property claim is being held over until tomorrow.

Ready, set, go! Join the 5K Run/Fun Walk starting at 6:15 Saturday afternoon to benefit Donald R. Carroll's Toys for Kids program. The 5K is in conjunction with historic Downtown's Summer in the City.

All proceeds help make Christmas wishes come true for disadvantaged children in our community.

Check out the Web site at DonCarrollrace.com to register online. The first 75 entries get a T-shirt.

Preregistration is $20. High school students pay $10 (no shirt giveaway). On race day, registration is $25 and you can register from 3 to 6 p.m. at Bank and Main streets near the Senior Center.

The course is certified to be accurate by USA Track & Field ( #NY06914KL). The Start Line (6:15 p.m. SHARP) is Main and Bank by the Senior Center. The Finish Line is there also.

Trophies will be awarded to the best overall male and female; and first-, second- and third-place trophies by age category. There will be no duplicate winners.

Afterward, there will be a 31st Anniversary Party Extravaganza, free for all participants with race numbers, and guests are welcome for a $5 donation. The party will feature music and dancing, chicken BBQ, turkey dogs, yogurt, freshly sliced fruit, ice cold water, and a beer coupon.

Sponsors of the event are:

• T-Shirts, Etc.
• Southside Deli
• That Taco Place
• Wortzman Furniture
• Jerry Arena's Pizzeria
• Center Street Smoke House
• Clor's Meat Market
• Amputee Treatment Center
• Max Pies Furniture
• Grace Baptist Church
• The Insurance Center
• Coffee Culture
• The Enchanted Florist
• Downtown Batavia Business District
• Lays Potato Chips
• The Batavian

At Summer in the City this Saturday, United Memorial Medical Center will have a Health Fair featuring free health screenings, giveaways, raffles, refreshments, information and more.

It will take place from 11 a.m. to 4 p.m. under the tent at Cary Hall, located at 211 E. Main St. -- near the car show.

Bring your kids and grandkids!

Jeremy Newman of WBEE 92.5 will have a live remote broadcast from 2 to 4 p.m.

The free health screenings offered are for blood pressure, blood glucose, total cholesterol. Also, men's prostate health checks will be available from 2 to 4 p.m.

Community partners for the event, which will be there with giveaways and information, are:

• Genesee County Sheriff's Office
• Genesee Veterans Support Network
• Community Action
• County Department of Health
• Lovey's Imagination Station
• UMMC Infection Prevention
• Summit PT and OT
• UMMC Cardiac Rehab
• UMMC Foundation
• Healthy Living
• Wound Care and Hyperbaric Medicine Center
• Maternity
• Fidelis Care
• Dr. William Guthringer
• GC Office for the Aging
• VNA of WNY
• NYS Public Service Commission
• Genesee ARC
• Jerome Senior Apartments
• Cornell Cooperative Extension
• MVP
• GCASA
• Homecare and Hospice
• Dr. Irene Burns
• Allergy Advocacy Association
• Justice for Children Advocacy Center
• ProcAir and UMMC Sleep Services
• Crossroads

A two-car accident with a minor injury -- reportedly neck pain -- is reported at West Main Street and Porter Avenue in the city. City fire and Mercy medics are responding.

UPDATE 2:39 p.m.: City fire is back in service. One patient was transported to UMMC.

Press release:

With the construction of Batavia Downs Casino’s new LED sign, pieces of the old neon sign are now available to interested parties. Batavia Downs Casino has already given two letters to representatives of the Holland Land Office Museum of Batavia, but other letters still remain.

Interested persons should contact Tom Balk, director of Building and Grounds for information on obtaining remaining pieces. It should be noted that the letters are over 7 feet tall and in various states of disrepair having been on the roof for so long. Mr. Balk can be reached at (585) 343-3750, ext. 312.

During a routine patrol Wednesday members of the Local Drug Enforcement Task allegedly spotted two women in a car in a parking lot on West Main Street Road, Batavia, ingesting a controlled substance.

Upon approaching the car, task force members allegedly found the women in possession of a quantity of oxycodone.

Charged with criminal possession of a controlled substance, 7th, were (name redacted upon request, charge dismissed), 19, of Colonial Boulevard, and Julie A. Huntoon, 20, of Jackson Street, Batavia.

Kimberly Dawn Moore, 45, of South Main Street, Warsaw, is charged with criminal possession of a controlled substance. Moore was stopped at 1:34 p.m., Saturday, on Ellicott Street, Batavia, by Deputy Brian Thompson and Officer Eric Hill. Moore was found to allegedly be in illegal possession of hydrocodone. Also charged with criminal possession of a controlled substance was Jon Hoyt Bush, 29, of Oak Orchard Road, Batavia.

Kyle K. Shultz, 18, of Norton Road, Elba, is charged with DWI, driving with a BAC of .08, failure to keep right, open container, mobile phone use in a motor vehicle. Shultz was stopped at 6:14 a.m., Saturday, at Byron Road and Fotch Road, Stafford, by Deputy Brian Thompson. Shultz allegedly had a BAC of .16.

Redfield Parkway, one of the City of Batavia's historic neighborhoods, has changed quite a bit over the years.

Photo provided by Jim Owen

Above is a picture from 1912, when it was first founded by Charles A. Williams (former Genesee County Sheriff and mayor of Batavia) and his then-partner, David Garrett.

Jim Owen, a Redfield resident known as "the mayor" to some of his neighbors, is part of the committee organizing the "100th Anniversary Redfield Parkway Program" on Saturday.

Other members are Linda Conroy, Kathy Owen (Jim's sister, who lives with him), Tricia Clark, Lori Wendt, Julie Mancuso, Jane Johnson, Lisa MacDonough and Alicia Kaus.

There will be a ceremony that is free and open to the public from 1 until 2 p.m. on Saturday. Sunday is the rain date. It will include:

• Music by the Batavia High School "Blue Bells"
• Proclamations by Assemblyman Stephen Hawley, Senator Michael Ranzenhofer, City Councilman Pierluigi Cipollone, City Councilman-at-Large Jim Russell, County Legislator Ed DeJaneiro Jr. and possibly Congresswoman Kathy Hochul (who is a former student of Owen's)

Wayne Fuller of WBTA will be the Master of Ceremonies.

Owen looks forward to celebrating Redfield's heritage with his neighbors and fellow Batavians.

"From an historical point of view it's neat to find out where we came from," he said.

At 1:45 p.m., a time capsule will be dedicated. Made by Redfield resident Rick Wendt, it will include news articles, a DVD of photos from Saturday's event -- to be made by Redfield resident Alicia Kaus -- a current phone book, literature on the street's history and much more.

Owen said the tentative plan is to bury it near the pillars, with a stone made by Derrick Monument Co. of Le Roy marking the spot.

Copies of local historian William F. Brown Jr.'s book "The Story of Redfield Parkway: The Beginning" will be available for purchase for $5 from Owen.

Redfield Parkway: A quick history

Photo from Brown's "The Story of Redfield Parkway: The Beginning"

Redfield Parkway was named in honor of the family of Heman Redfield, a local politician, lawyer, landowner and one-time Le Roy Postmaster. His home, according to Owen, was where Batavia's Valu Plaza is located today.

Redfield was born in Connecticut on Dec. 27, 1788, but he lived in Genesee County for most of his life. A member of St. James Episcopal Church, he served as a warden and vestryman. He also helped build St. Mark's Episcopal Church in Le Roy.

He was elected to the New York State Senate in 1823, serving with Attorney General Martin Van Buren (before he became the eighth president of the United States).

A War of 1812 veteran, he fought at the battle of Queenston Heights at age 24.

On July 22, 1877, Redfield died at age 89. According to literature provided by Owen, his funeral procession was the longest in the history of Batavia at that time. He is buried in the historic Batavia Cemetery on Harvester Avenue.

He had 12 children, and his family owned the land where Redfield Parkway now stands until 1912.

A postcard of Redfield Parkway from the 1940s. Photo provided by Jim Owen.

Redfield Parkway was a private street until 1928, at which point it became part of the City of Batavia. It has existed in its present state since 1966, when the last house was built.

Over the years, it distinguished itself not only by its beautiful flower beds, but also by the row of American flags running down the street's median. Appropriately, the flags would eventually lead the way to the Batavia VA Medical Center (they were stolen, but Batavia Downs is supplying new ones).

The Owens

Photo provided by Jim Owen

Owen and his sister are lifelong Redfield residents. Their parents, Frank and Natalie (pictured), bought the house in 1930 and the adjacent land in 1945. They bought the land from Edna Gruber, who was Batavia's "most famous madam" and well-known for her local charitable work.

Interestingly, 2 Redfield is technically 4 Redfield (anyone who drives by and looks closely will see that although the house has a "2" on it, the house right next door is 6 Redfield).

The vacant space to the right of the house is 2 Redfield. The Owens had lived at 4 Redfield for 15 years by the time they bought this space, so they just gave the same number to the whole property.

Here is a photo of the real 2 Redfield, a garden well tended by Kathy.

Celebration of a heritage

People can learn more about these and other stories on Saturday.

"(Our neighborhood) has a tradition that's been carried on for 100 years, and I hope it continues," Owen said.

To that end, he added that the neighborhood will be making an effort to save the pillars at the parkway entrance in the near future.

"They're 100 years old, and the mortar is coming out," he said.

At this point, the pillars are owned by the city. Owen said the repairs will cost about $16,000, and they are hoping for a grant.

For more information and for any updates, visit the Redfield Parkway 100th Anniversary page on Facebook.

Heman Redfield trivia

• Redfield's daughter, Jane, was said to have been the first woman to cross Niagara Falls in a basket;
• Some people trace his ancestry to the Mayflower;
• His grandfather fought under General George Washington at Valley Forge during the Revolutionary War.

A 19-year-old male has suffered a head injury in a dirt bike accident at Area 51. Mercy medics, a Sheriff's deputy and firefighters are responding. The track is located on Harloff Road in the Town of Batavia.

City police went on a brief foot chase that started by the courthouse to catch a white male allegedly observed rifling through vehicles and "possibly in possession of stolen items." He is wearing a white T-shirt, blue jeans and a hat. He's now been tracked down in the ARC parking lot on Walnut Street.

He was on a bike at first but ditched it in the weeds behind the courthouse.

UPDATE 2:27 p.m.: He's being taken back to the courthouse. He allegedly is in possession of "items commonly found in the front seats of passenger vehicles," says on officer, "change, cigarettes, electronic items." They are going to meet up with owners of the vehicles allegedly involved and interview them.

UPDATE 2:32 p.m.: "There are some silver coins -- dimes and nickels -- strewn about here," says an officer searching the grounds of the courthouse. They've also found some other property  -- a camera and other items -- that were possibly stolen.

Workers today are installing the first two silos at the new Alpina Products plant in the Genesee Valley Agri-Business Park, Batavia.

The first silo is 40 feet tall and will hold up to 20,000 gallons of raw milk. The second silo is half the height and will hold 12,000 gallons of whey.

More silos can be added as the capacity of the Greek yogurt plant increases.

More pictures after the jump (click on the headline to continue):

Duane Leo was honored by the Batavia City Council on Monday night for his 25 years and two months service to the city as a water and wastewater maintenance worker.

Press release:

In keeping with its policy to provide the residents of the City of Batavia with the maximum amount of information allowed by law regarding registered sex offenders residing in the City of Batavia, the Batavia Police Department is now posting the exact address information of New York State Level 2 Registered Sex Offenders.

The New York State Corrections Law now provides for the posting of exact address information in regards to New York State Level 2 Registered Sex Offenders by local law enforcement agencies. Previously, local law enforcement could post only the exact address of Level 3 offenders.

Batavia Police Department continues to provide information regarding Level 1 offenders, but by law is only allowed to post an approximate address by Zip Code.

Batavia residents are encouraged to frequently view the Local Sex Offender Web site at www.batavianewyork.com for the most current and real-time information regarding registered sex offenders residing in the City of Batavia.

Residents are also encouraged to sign up for NY –Alert – Sex Offender Relocation Email Alerts, provided by the New York Division of Criminal Justice Services at: www.criminaljustice.ny.gov.

It's time for the State Legislature to pass legislation dealing more forcefully with the rise of synthetic drugs in New York, Batavia City Council members said on Monday.

City staff will draft a resolution for the council to vote on at its next meeting, encouraging Albany to expand the penal code to make the manufacture, sale and possession of designer drugs a crime with the same penalties as any other controlled substance.

Some on council wanted to know why the city couldn't enact is own tough, local law, but City Attorney George Van Nest explained that's easier said than done.

"The state has determined that this should be addressed under state law," Van Nest said. "There's that issue, that if the city chose to go above and beyond that, it would be preempted by state action.

"There's also a matter of complexity," Van Nest added. "As the materials indicate, this is a very complicated matter. For city staff to sit down and to try and draft and articulate a statute that's going to stand up in court, withstand challenge, is not going to be an easy undertaking."

Last week, the governor's office announced an emergency order banning the sale and possession of a wide range of synthetic drug compounds, including substances that act like controlled substances.

But breaking this law is only a violation. The maximum criminal penalty under the law is a $500 fine and 15 days in jail.

Councilwoman Rose Mary Christian noted that DEA agents seized about $750,000 from the reported owners of The 420 Emporium chain in raids on July 25, which is quite a bit of money compared to a $500 fine.

Incorporating sale and possession into penal law would mean defendants could face a year in jail for a misdemeanor or several years in prison for a felony conviction (depending on the how much of the substance a defendant possessed).

City Manager Jason Molino shared a report with council members that said from around May 1 (the approximate date The 420 Emporium opened in Batavia) until July 25 (when the DEA raided the store (and it's been closed since)), Batavia PD handled 35 to 40 calls for "bath salts" related incidents.

Since July 25, Batavia PD has handled no such calls.

During the course of those three months, seven individuals were identified as alleged bath salt users.

"That doesn't mean there couldn't have been more, but we didn't have contact with them," Molino said.

"Bath salts" has become a generic name for a range of products that, despite their "not for human consumption" labels, are often snorted, injected or inhaled in order to provide the user with a stimulant-type of high or hallucinations. The chemicals used have nothing in common with substances commonly added to hot water to provide a relaxing bath.

Because the manufacturers of these chemicals change the compounds as quickly as state and federal officials can ban them, it will take a more comprehensive piece of legislation from Albany to effectively deal with the synthetic drug trade in New York.

Starting at 7:30 a.m., Saturday, the streets of Downtown Batavia, will start closing so vendors, classic car owners, food stands and musicians can start setting up for Summer in the City.

Main Street will be closed in both directions from Court Street to Liberty Street. Court, Jackson, Center and Bank streets will all be closed.

For a map of closures and locations of Summer in the City attractions, click here (pdf). For more detail on closures, click here (pdf).