batavia

In the case of the People v. Antwan Odom, the District Attorney wants the defense attorney to shut up -- at least when it comes talking to reporters -- and the defense attorney wants the DA disqualified from the case.

In other words, the case of the People v. Antwan Odom has been reduced to two attorneys squabbling about what happens outside the courtroom.

The attorney vs. attorney dispute dates back to May 3 when Odom's attorney Frank Housh told reporters that he would defend his client by trying to show jurors that the fellow student Odom allegedly stabbed on Ross Street on Aug. 4.

In court on May 3, Housh said he intended to file a motion to get evidence introduced, in order to mount a self-defense claim, that impeached the character of Ray Leach, the local football star Odom allegedly cut with a knife multiple times, so outside of court, reporters asked him to clarify his motion.

"The fact that Ray Leach is known in the community to be a violent person, to be a confrontational person, who confronted (Odom) -- by the prosecution's own admission -- he was the first aggressor," Housh said outside of court on May 3. "He went to my client's house and called him out and beat him into unconsciousness.

"So, under those circumstances, to say, when the prosecution is admitting that he was the first aggressor, to say that his history of violence and intimidation is irrelevant is simply absurd. We should be able to bring that up because it goes to the circumstance of his justification."

District Attorney Lawrence Friedman included the quote in a May 8 filing with the court requesting a gag order on both attorneys in the case.

In court today, Housh also revealed that Friedman filed a grievance against Housh with the state courts for "unprofessional conduct."

"Now I feel there is a parallel prosecution by the elected District Attorney of me and my client," Housh said. 

He said that raises a sufficient conflict of interest that Friedman should be disqualified from continuing as the prosecutor on the case.

That motion was continued until Odom's next court appearance on July 2.

Friedman, according to court discussions today, filed a one-sentence objection to the motion for disqualification.

Today, Friedman complained to Judge Charles Zambito that Housh was trying to get him disqualified from the case for following through on his ethical obligation to file a grievance over what he saw as unprofessional conduct.

Friedman said that as far as he knows nobody is prosecuting Housh and that he is not prosecuting Housh by following his "ethical obligation to report ethical misconduct."

"He says I'm seeking his disbarment," Friedman said. "I'm not seeking his disbarment. I followed through on the ethical obligation I have. All I wish to do is make sure he is able to remain professional and does nothing to violate professional conduct."

In his filing with the court, Friedman asserted that Housh's statements about Leach violated the rules of professional conduct, specifically the rule that prohibits attorneys from making statements could prejudice a jury, including statements relating to the character or credibility of a witness.

In the Order to Show Cause, Zambito ordered Housh and Friedman to show why they shouldn't be barred from "making statements to the media regarding anything involving this case."

The Batavian has filed a memo with Zambito objecting to the order. While judges in criminal cases can restrict what attorneys can say to the media, such orders, according to prior case law, can't be overly broad; can't apply to parties other than the attorneys in the case; and should consider how much time before the trial the statements are made.

In addition, both attorneys can use the jury selection process to identify potential jurors who should be disqualified because media exposure has tainted their view of the case. 

Gag orders can act, courts have found, as a form of prior restraint (the government censoring speech before the speech is made), which violates the First Amendment. 

While cases such as Gentile v. State Bar of Nevada have given courts leeway to restrict speech by attorneys because of their special access to information, in order to issue a gag order, courts have ruled that: a judge must make specific findings; consider less drastic alternatives; and narrowly tailor the order to address identified harm.

(For support of statements about gag orders in this story, see this brief filed by attorneys for the Reporters Committee for Freedom of the Press in another criminal case).

Courts have repeatedly found that a free press is essential to ensure fair trials, as in the 1965 case, Sheppard v. Maxwell.

"A responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field," the Supreme Court said in its ruling. "The press does not simply publish information about trials, but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny.’’

In CBS Inc. vs. Young, a case that vacated a gag order, the court found that the newsgathering rights of a free press extend beyond the courtroom to include access to sources and court documents.

Asked to comment on the gag order by Zambito, an attorney for the Reporters Committee for the Freedom of the Press, Sarah Matthews, provided the following statement:

Although courts may restrict what attorneys can say about a case outside the courtroom, it raises First Amendment concerns when courts issue broad gag orders on attorneys that go beyond what the ethics rules require and actually bar any discussion of a case.

Meanwhile, Housh has shown he's fearful of even being seen nodding in the direction of a member of the press since Zambito issued the Order to Show Cause.

A few days after the order was delivered, a reporter ran into Housh at a local restaurant and Housh made it clear he didn't want to be seen talking to the reporter, and today when that reporter entered the courtroom and gave Housh a friendly wave, Housh shook his head as if to say, "don't even wave at me."

Press release:

Empire State Development (ESD) today announced its investment in the continued growth of Tompkins Metal Finishing Inc. located in Batavia, Genesee County.

As part of the industrial plating company’s modernization project, it has installed a state-of-the-art wastewater treatment and recycling system at its Apollo Drive location.

The updated system will reduce water usage by as much at 80 percent. The facility upgrade will allow the company to add another shift, resulting in the creation of up to 10 new jobs; 100 jobs will be retained, 30 of which had been at risk.

Empire State Development President, CEO & Commissioner Howard Zemsky said, “Tompkins Metal Finishing’s decision to continue its expansion in Genesee County reflects the success of our strategic support for growing and revitalizing the Upstate economy, especially by adding jobs and opportunity.”

To help ensure Tompkins Metal Finishing Inc. continued success, ESD is providing the company with up to $150,000 through the Excelsior Jobs Program in exchange for job creation commitments. Tompkins Metal Finishing Inc. is investing $900,000 in the facility upgrade which they expect to be completed by the end of this year.

Tompkins Metal Finishing Inc. President Allen Tompkins said, “Without this tax credit it would have been much more difficult to invest the $900,000 in our state-of-the-art wastewater treatment and water recycling system. This new system and the investment from ESD will allow us to continue our growth in Genesee County and will allow us to recycle our water for years to come.”

Established in 1955, Tompkins Metal Finishing Inc. is operating in a new state-of-the-art 65,000-square-foot facility. In addition to offering its customers high-quality products, Tompkins Metal Finishing Inc. owns a fleet of trucks, allowing them to deliver those products efficiently to customers throughout Western New York. They service clients in the aerospace, communications, transportation, electronics, optical, medical, machine, defense and protype fields.

State Senator Michael H. Ranzenhofer said, “It is always great to see new jobs being created. The investments that the State is making in our community to grow new manufacturing jobs is crucial. I am appreciative of the commitment that Tompkins Metal Finishing Inc. is making to Genesee County.”

State Assemblyman Stephen Hawley said, "Tompkins Metal Finishing has been a hallmark business in our community for many years and I am pleased to witness their further expansion that includes renewed efforts toward improving environmental stewardship.

"The Finger Lakes Region is on the rise, and I commend any company or organization, which creates jobs and contributes to our overall success as Tompkins Metal Finishing has done for many years. I look forward to touring their new state-of-the-art wastewater system and wish them the best of success moving forward.”

City Council President Eugene Jankowski Jr. said, “It’s exciting to see a long-established company like Tompkins Metal Finishing Inc. continue to grow and invest in Batavia. Not only are they creating new jobs they’re also protecting our fragile environment in the process. I commend Tompkins Metal Finishing for their forward thinking and continued commitment to the community!”

Steven G. Hyde, GCEDC President & CEO, said, “The investment being made by Tompkins Metal Finishing demonstrates their commitment to building high-quality industrial plating products, and high-quality careers in Genesee County. This investment reinforces that Governor Cuomo’s strategy and plan to grow manufacturing jobs and capital investments to the Finger Lakes region is working. We want to thank Tompkins Metal Finishing for their continued investment in our community.”

For more information about Tompkins Metal Finishing Inc., click here.

Accelerating Finger Lakes Forward

Today’s announcement complements “Finger Lakes Forward,” the region’s comprehensive blueprint to generate robust economic growth and community development. The State has already invested more than $6.1 billion in the region since 2012 to lay the groundwork for the plan – investing in key industries including photonics, agriculture‎ and food production, and advanced manufacturing.

Today, unemployment is down to the lowest levels since before the Great Recession; personal and corporate income taxes are down; and businesses are choosing places like Rochester, Batavia and Canandaigua as a destination to grow and invest in.

Now, the region is accelerating Finger Lakes Forward with a $500 million State investment through the Upstate Revitalization Initiative, announced by Governor Cuomo in December 2015. The State’s $500 million investment will incentivize private business to invest well over $2.5 billion – and the region’s plan, as submitted, projects up to 8,200 new jobs. More information is available here.

Press release:

The Genesee County 4-H Program is seeking volunteer judges for the following events at this year’s Genesee County Fair:

• Kennedy Building Exhibits: Judging times are Friday, July 12^th, 5 to 7 p.m. and Saturday, July 13^th, 10 a.m. to 4 p.m. Two-hour time slots are available on July 13^th. Volunteer judges receive a fair parking pass and meal coupon. No experience is necessary! Exhibits may include: crafts, artwork, photography, sewing, baked goods, horticultural projects and more!
• 4-H Livestock Costume Contest -- Saturday, July 13 at 6 p.m. 4-H’ers will be dressing their project animals up in fun costumes & accessories; help us decide who is the most creative, most humorous, has the best craftsmanship, the best team, and overall champion!

Interested in helping? Contact the 4-H Office for more details 343-3040, or email genesee4h@cornell.edu

Cassidy Jane Hackett, 21, of Holland Avenue, Batavia, is charged with fourth-degree attempted grand larceny. It is alleged that at 1:23 p.m. on May 9 that Hackett attempted to withdraw $1,500 from a person's bank account. She was arraigned, released on an appearance ticket and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Jessica Nicole Weiss, 28, of West Main Street Road, Batavia, is charged with petit larceny and endangering the welfare of a child. Weiss was arrested after allegedly stealing merchandise from Walmart at 2:29 p.m. on June 10 while her 8-month-old son and 3-year-old daughter were with her. She was issued an appearance ticket for June 27 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Genesee Community College President James Sunser made clear the college’s frustration with the New York State Excelsior Scholarship.

Last Wednesday, the Ways & Means Committee was surprised when Sunser told them, “The Excelsior Scholarship did not help us … It’s a very stringent program. If students don’t make the grade, they lose it forever.”

Sunser spoke about the strings attached to the award. Excelsior recipients must meet minimum grade requirements and plan to reside and work in-state for the length of time they received the scholarship. Otherwise, their awards revert to costly loans.

“The way that the Excelsior program works is that when you hit the income threshold, you get that tuition paid,” Sunser explained.

In other words, students with families earning gross incomes of $125,000 or less can receive full tuition to SUNY two- or four-year colleges.

According to Sunser, “When you tell a family that’s making $125,000 that you can go to any of these institutions that’ll accept you, then that becomes a problem” because students tend to choose four-year schools rather than local community colleges.

The declining population and smaller graduating high school classes in Upstate New York have also reduced GCC enrollment, therefore revenue. Between Fall 2017 and Fall 2018 alone, the undergraduate enrollment at GCC dropped from 5,900 to 5,530 students.

These numbers beg the question of whether the Excelsior Scholarship actually brings in more students to enjoy county and college investments. GCC leaders say the answer is no.

The lower enrollment factored into the 2019–20 GCC annual budget, which will increase slightly, .01 percent ($4,000) to approximately $40.2 million.

This year, the college is seeking additional local support, which has remained flat since 2015-16:

• A $50,000 increase in annual county support to GCC;

• A one-time $100,000 allocation for the college's Criminal Justice and Veterinary Tech surgical labs.

The Ways & Means Committee voted in favor of setting up and conducting the required public hearing on the college's budget request, at a date to be announced later.

At its next meeting at 4:30 p.m. on June 19, the two-part funding request will be discussed by the Ways & Means Committee.

Sunser said GCC will raise its full-time tuition by $100 per semester, totaling $4,350. Students should also be aware that there will be a $10 increase per credit hour for part-time student tuition, which totals $180 per credit hour.

He said he hopes the fact that GCC is one of the most affordable options among area community colleges is enough to counter the downfalls of the Excelsior Scholarship and draw students back to higher education in Genesee County.

Daryl Leach agreed to a plea deal this afternoon in Genesee County Court after being charged with the Feb. 26 robbery of the Speedway at Oak and Main streets, Batavia.

The 38-year-old Batavia resident entered a guilty plea to robbery, 3rd, and faces two to four years in prison.

Leach was found by investigators at a location on Swamp Road after the alleged robbery and was taken into custody.

Leach will be sentenced as a second-felony offender due to previous conviction and incarceration.

Judge Charles Zambito scheduled sentencing for 9:15 a.m., July 16, in Genesee County Court.

Press release:

Representatives from Batavia Downs and Ground Force Fights today announced they will be holding a spot in Saturday’s MMA card at Batavia Downs for the Canadian pop star and American movie star to settle their differences in the cage.

On June 9^th, Justin Bieber Tweeted; “I wanna challenge Tom Cruise to fight in the octagon. Tom if you dont take this fight you're scared and you will never live it down. Who is willing to put on the fight?”

Richard Mitchell, owner of Ground Force Fights, responds by saying: “We would welcome both Justin and Tom to compete at Throwdown at the Downs 2.0. Fights begin at 6 p.m. and we’d be happy to fit them onto the card whenever it’s convenient for them, given their busy schedules.”

It is unknown at this time why the 25-year-old Bieber decided to challenge the 56-year-old Cruise to the bout.

“Mr. Bieber hails from London, Ontario, while Mr. Cruise was born in Syracuse, New York,” said Ryan Hasenauer, director of Marketing for Batavia Downs. “Batavia is a perfect place for them to meet in the middle to settle whatever this beef is about.

"Batavia has an airport where both celebrities and any entourages can fly in. If they call ahead we can even send our Batavia Downs Shuttle Bus to pick them up.”

Regardless of whether Bieber and Cruise make an appearance, tickets are on sale now for Throwdown at the Downs 2.0 atbataviaconcerts.com.

Doors open at 4:30 p.m.; event starts at 6 p.m. Tickets are $35 for General Admission and $55 for VIP seats closer to the cage.

Lawn chairs (which are normally permitted for other Batavia Downs events) are NOT permitted for this event. There will be limited chairs and bleacher seating available.

Each concert ticket is also redeemable once at Player’s Club in the three days following the event for $15 Free Play to be used on one of Batavia Downs Gaming’s 800+ gaming machines.

About Batavia Downs/WROTB

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia. WROTB owns and operates 17 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility.

Since its inception, Western Region OTB has generated more than $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

About Ground Force Fights

Ground Force Fights is an amateur mixed martial arts organization based in Western New York. We aim to give the public some of the most exciting talent and amateur mixed martial arts shows. They strive to be the best for not only fighters, but fans as well.

Above, photo from May 27 game.

Submitted photos and press release:

The Batavia boys 13U baseball travel team has competed in weekly baseball tournaments in Rochester. The last two weeks they won both tournaments, on May 27 and on June 10, winning four games to reach the winner's circle.

The travel team is called Athletes Edge and they have two age groups: 10-year-olds and 13-year-olds.

Below, photo from June 10 game.

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Proceeds from an upcoming Rummage Sale will be donated to Northgate’s "Connected Community" School in Gahanda, Rwanda, Africa, shown above, as well as Batavia's All Babies Cherished.

Submitted photos and press release:

A few months ago, the pastors at Northgate Free Methodist Church gave a series of messages based on a book by Rick Warren titled, “40 Days of Community.”

The book outlines five purposes for people to fulfill in community with other people -- people within your church family, small groups and in the world around you.

Warren calls the readers to "reach out" and "serve together." So, in response to that call, some of the people who attend Northgate felt led to organize and facilitate a Rummage Sale that will be hosted at Northgate’s South Campus, located at 350 Bank St., Batavia.

Donations will be collected, sorted, and priced accordingly, all by a volunteer group out of Northgate.

The sale will take place Friday, June 21st from 9 a.m. - 6 p.m. and Saturday, June 22nd from 8 a.m. - 12 p.m. There will be refreshments available at the sale.

ALL proceeds from this Rummage Sale will be donated to Northgate’s "Connected Community" School in Gahanda, Rwanda, Africa, a school which aids 1,200 children within the area, as well as the Batavia-based charity All Babies Cherished.

Please consider joining Northgate for this sale and contributing to the important work that these charities do.

For further information, please visit northgatefmc.com, contact the Northgate office at (585) 343-4011 or email office@northgatefmc.com.

Below: Smiling faces of children at Northgate’s "Connected Community" School in Gahanda, Rwanda, Africa.

Submitted video clip and press release:

Batavia City Council President, retired Batavia Police Lieutenant, and competitive shooter Eugene Jankowski Jr. recently announced his strong endorsement of Durin Rogers for Batavia City Court judge.

In an endorsement video filmed at a local shooting range that was released Monday, Jankowski said, “I’m a retired police officer as well as a sponsored competitive shooter. Public safety as well as the U.S. Constitution are very important to me.

"I’ve known Judge Durin Rogers for many years and he’s always been very thorough and very judicious when it comes to the rule of law. I fully endorse him for City of Batavia Court Judge.”

Jankowski has been a lifelong local public servant, retiring as a lieutenant from the Batavia City Police Department after 34 years of service to the community. Jankowski continues his dedication to Batavia currently serving as the City Council president.

Rogers, who currently serves as part-time Batavia City Court judge, has already earned the endorsements of: the current and former County Social Services commissioners; the current and former County Sheriff; the current program coordinator and former director of Genesee Justice; the City of Batavia Republican Committee; the Genesee County Conservative Committee; and many other citizens and businesses.  

The Department of Defense today released this video of Batavia resident David Bellavia discussing the fight with insurgents in Fallujah, Iraq, that led to his nomination for a Medal of Honor, which he will receive in a White House ceremony on June 25.

There is also an Army webpage available about Bellavia and the award.

John J. Saddler, 31, no address provided, is charged with disorderly conduct with obscene sexual language and gestures. It is alleged that at 10:51 a.m. on June 7 on Jerome Place in Batavia that Saddler was observed outside screaming sexual obscenities and making sexual gestures toward the public. He was arrested and released on an appearance ticket and is due in Batavia City Court on June 11. The case was handled by Batavia Police Officer Jason Ivison, assisted by Peter Post. While officers were attempting to speak with Saddler about the disturbance he allegedly caused moments earlier, he became belligerent and allegedly said he was going to shoot Batavia city police officers. He was then charged with second-degree harassment and is also due to answer that charge on June 11 in city court. Batavia Police Officer Peter Post handled the incident, assisted by Officer Miah Stevens.

Sean M. Madigan, 33, of Collegeview Drive, Batavia, is charged with forcible touching and unlawfully dealing with a child. Madigan was arrested after an investigation of an incident which occurred at a restaurant in the Home Valu Plaza on West Main Street Road in Batavia at 6 p.m. on Dec. 27. It is alleged that while he was working at the restaurant, he subjected an employee to unwanted physical contact and provided alcohol to subjects under age 21. After his arraignment in Batavia City Court, he was issued an appearance ticket and is due back in court on June 18. The case was investigated by Batavia Police Officer Kevin DeFelice.

Carlton L. Beardsley, 24, of West Main Street Road, Batavia, and Brittany M. Smith, no age or address provided, are charged with obstruction of governmental administration. It is alleged that at 4:08 p.m. on June 3 on West Main Street in Batavia, that they fought with police while police were investigating a reported assault that had occurred on West Main Street. They are due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Jason Davis.

Shaneeka R. Wroten, 26, of Ellicott Street, Batavia, is charged with petit larceny. Wroten was arrested on East Main Street in Batavia at 6:53 p.m. on June 6 after allegedly proceeding beyond the point of sale at a local store without paying for merchandise. She was issued an appearance ticket and is due in Batavia City Court on June 18. The case was handled by Batavia Police Officer Stephen Quider.

Jessica M. Pfenninger, 36, is charged with petit larceny. She was arrested at 12:41 p.m. on June 6 after police investigated a shoplifting complaint at Dollar General on East Main Street in Batavia. Pfenninger was issued an appearance ticket and is due in Batavia City Court on June 18. The case was handled by Batavia Police Officer Peter Post.

Crystal M. Bouter, 30, of Church Street, Medina, is charged with failure to appear in court on April 3. She was arrested on a warrant and issued an appearance ticket for June 11 in Batavia City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Official announcement:

On Tuesday, June 25, 2019, President Donald J. Trump will award the Medal of Honor to David G. Bellavia for conspicuous gallantry while serving as a Staff Sergeant in the United States Army.

Then-Staff Sergeant David G. Bellavia will receive the Medal of Honor for his actions on November 10, 2004, while serving as a squad leader in support of Operation Phantom Fury in Fallujah, Iraq. Then-Staff Sergeant Bellavia was clearing a block of houses when his platoon became pinned down. He quickly exchanged an M16 rifle for an M249 Squad Automatic Weapon, entered the house where his squad was trapped, and engaged insurgents, providing cover fire so that he and his fellow soldiers could exit safely. A Bradley Fighting Vehicle arrived to help suppress the enemy, but it could not fire directly into the house. Then-Staff Sergeant Bellavia reentered the house, armed with an M16, and assaulted insurgents who were firing rocket-propelled grenades. He proceeded to kill one insurgent and wound another, who then ran to another part of the house. Then-Staff Sergeant Bellavia was soon engaged by another insurgent rushing down the stairs when the previously wounded insurgent reemerged to engage him as well. Then-Staff Sergeant Bellavia returned fire, killing both attackers. He then took enemy fire from an insurgent who had appeared from a closet across the room. He pursued him up the stairs and killed him. Soon thereafter, he moved to the roof where he engaged and wounded a fifth insurgent, who fell from the roof of the building. That remarkable day, then-Staff Sergeant Bellavia rescued an entire squad, cleared an insurgent strongpoint, and saved many members of his platoon from imminent threat.

PERSONAL BACKGROUND:

David Bellavia enlisted in the United States Army in 1999. After previously serving in Kosovo, he deployed to Iraq in 2004 with Company A, Task Force 2-2, 1st Infantry Division. He was released from duty on August 16, 2005. David now has his own daily radio talk show for WBEN in Buffalo, New York. He continues to serve the military and veteran communities through a number of philanthropic organizations.

ADDITIONAL INFORMATION

THE MEDAL OF HONOR:

The Medal of Honor is awarded to members of the Armed Forces who distinguish themselves conspicuously by gallantry and intrepidity at the risk of their own lives above and beyond the call of duty while:

• engaged in an action against an enemy of the United States;
• engaged in military operations involving conflict with an opposing foreign force; or
• serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

The meritorious conduct must involve great personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life. There must be incontestable proof of the performance of the meritorious conduct, and each recommendation for the award must be considered on the standard of extraordinary merit.

Glenn S. Loomis Post 332, Batavia American Legion, celebrated its 100th Anniversary on Saturday in Centennial Park.

City police are responding to 1 W. Main St. for the report of five or six children playing in the water behind the courts facility.

A child on a bicycle was struck by a vehicle at the junction of Main Street and West Main Street in the city. Police, fire and Mercy medics are on scene.