batavia

One person suffered minor injuries in an accident Saturday at the intersection of Park Road and Veterans Memorial Drive.

The apparent cause of the accident was one driver pulling out from a stop sign who did not see the other car approaching.

Aaron N. Holley, 16, a passenger in the second vehicle, was transported to UMMC for a report of pain.

The driver of the first vehicle, D.C. Chamberlain, 16, of Route 20A, Perry, was cited for alleged failure to yield.

The driver of the second vehicle was Allen Peters, 31, of Durham Street, Rochester.

Holley was the only reported injury.

The accident occurred at 7:32 p.m.

(initial report)

This fine group of people are residents at 400 Towers. They came out today for a little lunchtime talk about The Batavian. They asked a few questions and talked about how they get their news. Bea McManis, in the back row with The Batavian sweatshirt on, organized the event and said very nice things about the site, its news and its readers.

It is reported that traffic lights are out on Vine, Summit and Ross at the Main Street intersection. Power is also out in that area.

A utility pole is also arcing, but is not a hazard, at Summit and Washington.

National Grid has been notified.

UPDATE 11:42 a.m.: National Grid reports 274 customers on the north and south sides of Main Street are without power.

There was a two-car accident at the corner of Main and Jackson, Batavia, this morning.

One person was taken to UMMC, as a precaution, with a complaint of chest pain.

There is a disabled school bus partially blocking traffic in a westbound lane of Main Street near Oak Street.

Police are on scene and a tow truck is on its way.

A student pilot apparently forgot to put down the landing gear on his plane today leading to an unintentional crash landing at the Genesee County Airport this afternoon.

While the crash, reported at 12:17 p.m., caused an estimated $40,000 damage to a 2004 Cessna, there were no injuries, fire or fuel spill.

The student pilot, according to a Sheriff's Office release, was 66-year-old Michael E. Pearson, of Pittsford.

His instructor was Robert J. Roberts, 35, of Rochester.

The student and instructor were doing "touch-and-go" training at the airport this afternoon at the time of the accident.

The plane skidded 546 feet down the runway.

The investigation is continuing, conducted by Deputy Lonnie Nati and the Federal Aviation Administration.

Assisting at the scene were Genesee County Emergency Services, Town of Batavia Fire and Mercy EMS.

(initial report)

A jury of six Batavia residents took only about five minutes to reach a not guilty verdict in the promoting prison contraband trial of Scott F. Doll.

Assistant District Attorney Robert Zickl had little to say after the trial.

"I guess I don’t have a reaction," Zickl said. "This is divided up. Everybody has different jobs to do. They have their job, I have mine. Everybody does their job and this is where we wind up."

Doll's attorney, Dan Killelea, said Scott insisted from the beginning that he was not guilty.

"I think his faith in the jury system was very shaken by his conviction in the murder trial," said Killelea, who helped defend Doll in May against charges that he killed retired corrections officer Joseph Benaquist.

"I’m hoping, I’m really hoping, this restores some of his faith in the system, because it’s a system I believe in. I think it’s the best system we have, though it’s not perfect."

He also praised Zickl for putting on a thorough case and presenting a strong closing argument.

"Bob Zickl did, I believe, a tremendous job," Killelea said. "I thought his closing argument was outstanding. He had me worried. He gave the jurors a lot to work with if they were going to go that way. I hope I was able to point out some holes in the case and I’m hoping that’s what they hung their hat on."

As for the implication that a specific corrections officer supplied the aspirin to Doll, Killelea said it wasn't his intention to draw a bead on a specific individual.

"I think in light of the circumstantial nature of the prosecution’s case, I don’t think the facts led to only one conclusion -- that he was guilty -- and I’m hopeful the jury agreed with me and found reasonable doubt in other legitimate conclusions that could have been reached," Killelea said.

Doll, dressed in a prison-supplied pair of tan slacks and white shirt, showed no apparent reaction to the verdict.

Today's coverage:

• No proof Doll brought contraband into jail, defense contends
• Doll's attorney suggests corrections officer at jail was source of aspirin

In closing arguments in the Scott Doll prison contraband case, the key question attorneys for both sides wrangled over is who brought powdered aspirin into the Genesee County Jail.

Defense Attorney Dan Killelea made the suggestion that the aspirin was given to Doll by a corrections officer at the jail.

Repeating a phrase Doll reportedly used when speaking "officer to officer" with Corrections Officer Vincent Maurer about his state of mind after trying to ingest the aspirin, Doll reportedly said to Maurer, "an officer gave it to me."

After the aspirin was discovered by Maurer, Killelea suggested, jail officials had no choice but to prosecute him for promoting prison contraband.

"Who’s going to step up (and say) they just gave aspirin to a guy just was convicted of murder?" Killelea said. "Who is going to fess up to showing some humanity, some professional courtesy?"

Assistant District Attorney Robert Zickl said that suggestion made no sense and wasn't supported by the evidence.

This is not "Law and Order Batavia," Zickl said, adding that conspiracy theories belong on TV, where they’re entertaining, but they’re not reality. Zickl said this case is reality.

"If you are a senior corrections officer are you going to risk your career by giving the defendant aspirin ground up in a balloon?" Zickl said. "If you did that, why would you say you've got to go upstairs to check on something and let somebody else watch the defendant? Why wouldn’t you stay there and watch him ingest it?"

Zickl argued that if a corrections officer wanted to give Doll aspirin, why grind it up, why not just give him a few tablets?

The evidence -- the balloon, the white powder all over the jail cell and on Doll's face -- is more consistent with the behavior of an intoxicated, despondent person who carried the alleged contraband into the jail himself.

Killelea questioned why the balloon wasn't introduced as evidence, why it wasn't tested for fingerprints or DNA. He argued that to produce the amount of white powder observed by officers, a pretty large balloon would be needed, and a balloon that size would be difficult to hide through three pat down searches.

There is no evidence, Zickl argued, that the balloon was giant. He said 20 ground-up pills could produce a good deal of powder and easily be concealed by an experienced former corrections officer who would know how to hide something not easily found in a standard pat down search.

After arguments, with the jury out of the courtroom, Killelea objected to Zickl's closing argument, saying that Zickl repeatedly made reference to the aspirin being in the balloon at one time. He said no evidence was introduced to prove the balloon ever contained aspirin, or that there even was a balloon.

Judge Robert Balbick is just completing instructions to the jurors, who will begin deliberations shortly.

A plane is reportedly "down on the runway" at the Genesee County Airport.

It left the terminal and went off the runway. There are no injuries and only minor damage to the plane. There is no fuel leakage.

The Town of Batavia Fire Department is responding. Mercy EMS was called, then cancelled.

UPDATE (12:25 p.m.): The airport has been temporarily shut down while the incident is being investigated.

UPDATE (12:35 p.m.): An investigator from the Federal Aviation Administration is en route. Pictures are being taken at the scene. Then the plane will be towed away and the airport reopened.

UPDATE (1:31 p.m.): The airplane has been stabilized and is being removed from the airport runway now. The airport is to be reopened shortly. The FAA investigator is on scene. Town of Batavia fire units are put back in service.

There's no proof that Scott Doll carried a green balloon into the Genesee County Jail on May 20.

That's the assertion made by defense attorney Dan Killelea in an opening statement this morning in Doll's trial for allegedly introducing contraband into jail following his murder conviction.

Doll was allegedly found in a holding cell about to drink from a cup with a mixture of water and a white powdery substance.

Sgt. Greg Walker transported Doll from the courthouse, and then came back to the jail to investigate the alleged incident in the holding cell. He testified that when he looked into the holding cell, there was a white powdery substance trailing from the sink, to the floor and onto the bed.

The green balloon was laying empty on the bed.

It turned out that the white powder was aspirin.

Walker testified that he did a brief pat down search of Doll in the holding cell at the Genesee County Courthouse and found only a couple of coins in Doll's pocket, which he allowed him to keep.

The sargeant testified that Deputy Vincent Maurer also conducted a search of Doll upon his arrival at the jail.

At that time, Maurer felt something unusual along Doll's pant leg and took Doll into a holding cell for a more thorough search. Nothing was found.

Walker also testified that he arrived at the courthouse as the same time Doll was dropped off at the front door and held the door for him to enter the building.

Doll appeared intoxicated, Walker said. He could smell alcohol on his breath and he was staggering and swaying a bit.

UPDATE 12:16 p.m.: Maurer testifies that Doll told him an "officer" gave him the white powder and he didn't know what it was.

"I told him it was my birthday and I didn’t want to see him hurt himself on my birthday and have that be my memory," Maurer said. "He said it was nothing against me. I'm trying to take the edge off -- some officer gave it to me."

Maurer added that Doll said, "You don’t know what I’m going through. I’ve lost my family. I’ve lost 25 years of my career. I’ve lost everything. Officer to officer."

When Doll arrived, prior to the alleged white powder incident, Maurer observed that Doll appeared despondent and intoxicated. He recommended Doll be placed under constant supervision, but that constant supervision -- which involves an officer sitting outside his cell and logging everything he does -- would not begin until after he was fully processed.

Maurer said a document that says he should be on constant watch while in the holding cell is a typo, that he should have gone on constant watch after processing was completed.

Maurer also testified that nobody was in the holding cell prior to Doll entering and that he didn't see a balloon or white powder in the room.

As for the pat search when Doll first arrived, Maurer said when patting his pant leg, "I felt something funny" and asked him to go into a holding cell for a more thorough search. Doll was asked to drop his pants and nothing unusual was found. At that point, he said he thought that maybe he only felt the seam of Doll's pants previously.

UPDATE 12:52 p.m.: Batavia City Court Judge Robert Balbick rules that Assistant District Attorney Robert Zickl could have asked his question during his initial direct examination, after Wolf had been qualified as an expert witness. Since that didn't happen, Killelea's objection is sustained.

UPDATE 12:56 p.m.: Lunch break. Prosecution will rest after lunch. The defense will not call any witnesses.

The Tony Award-winning rock opera "RENT" ran on Broadway for 5,124 performances and now a group of local actors are working on putting together a Batavia production that will run Jan. 13-16.

With the cast deep into rehearsals, they received a special visit at Batavia Middle School on Monday evening -- Gwen Stewart, one of the original cast members of "RENT" on Broadway stopped by for a visit.

After a short rehearsal, Stewart hopped onto the edge of the stage and talked about the importance and message of RENT, which dealt with what was a very controversial issue at the time -- AIDS.

She said because of advances in treatment, AIDS isn't the death sentence that it was when "RENT" opened in 1980, but the message of dealing with medical hardships is still relevant.

A couple of cast members mentioned that they had seen Stewart perform in "RENT," either on Broadway or in Rochester.

The local production of "RENT" is being staged by WNY Arts Society. For a complete cast list, click here. The director is Ashley Bateman, pictured above on the left with Stewart.

Scott F. Doll is back in Batavia this afternoon, dressed in tan slacks and a new, white, unironed shirt, listening to attorneys question prospective jurors in his newest criminal case.

Doll allegedly tried to smuggle a white powdery substance into the Genesee County Jail on May 20, the day he was convicted by a jury of murdering 66-year-old Joseph Benaquist in February 2009.

It turned out the substance, reportedly stashed in a purple balloon concealed on his body, was nothing more than aspirin.

But even aspirin can't be brought into a jail without permission.

Currently, Doll is living in Fallsburg at the Sullivan Correctional Facility.

Sullivan is an all male, maximum-security prison just north of New York City.

Doll is serving a 15-years-to-life sentence.

Dan Killelea, part of Doll's legal team for the murder trial, is representing Doll in the alleged "promoting prison contraband" case.

More than 30 prospective jurors crowded into Batavia City Court at 1 p.m.

A jury for a misdemeanor allegation in city court is comprised of six people with only one or two alternatives. The number of challenges each attorney can make is reduced to three, so jury selection shouldn't last past this afternoon.

The trial is on the docket for Tuesday at 9:30 a.m.

A 15-year-old girl reported missing by Batavia Police on Friday has been found and reunited with her family.

Det. Rich Schauf said no criminal activity is suspected in her disappearance but did not release further details.

A former corrections officer who admitted to workers compensation fraud will spend a couple of more months in jail before serving five months of probation, but the stiffest penalty he may face is paying back the nearly $38,000 he still owes the state.

James S. Gibbs has completed two months in county jail and will serve another two months before being released on probation, Judge Robert C. Noonan ruled today.

In May, Gibbs admitted to charges of grand larceny and attempted workers compensation fraud. He also agreed to more than $40,000 in restitution, with $20,000 payable before his sentencing.

Since then he's allegedly violated the terms of his presentencing release by getting arrested in Monroe County on a possession of a controlled substance charge, and he's been through a divorce in which the couple lost their home.

Rather than a $20,000 payment, Gibbs has paid only $3,003.13.

Over the five years of his probation, his attorney Thomas Burns noted, paying back nearly $38,000 would work out to more than $600 per month, which Burns said seemed like a steep amount to expect Gibbs to pay back (among other expenses, Gibbs must pay child support). He asked for payments of $175 per month.

Even District Attorney Lawrence Friedman acknowledged that asking Gibbs to pay back the full amount in five years was a tall order.

"We ask that you set whatever maximum amount you deem appropriate," Friedman said.

Noonan noted that Gibbs was a good wage earner before his arrest, even in his side job -- driveway paving. He set the monthly payment at $200 per month and ordered that restitution be reviewed next summer.

For previous coverage, click here.

Darrell Smith, 43, of Queens Drive, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and improper stopping on a highway in the Town of Alexander. Smith was arrested following a report of a one-car accident at 3:32 a.m. on Oak Street in the City of Batavia. Smith allegedly fled the scene of the accident in his car. Smith also faces charges in the city for allegedly leaving the scene of a property damage accident, moving from lane unsafely and aggravated unlicensed operation.

A 17-year-old from Attica Road, Attica, is charged with criminal possession of stolen property, 5th. The youth was allegedly found in possession of a stolen a black Diamond Back BMX-style bicycle. The bicycle had been reported stolen from a person in the Village of Attica on July 3.

Peter J. Gravante Jr., 21, of Townline Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, no license plate lamp and operating without brake lights. Gravante was stopped at 4:08 a.m., Friday, on Route 5, Town of Batavia, by Deputy Kevin McCarthy.

Alexander Kae Zorich, 18, of Batavia-Stafford Townline Road, Batavia, is charged with petit larceny. Zorich is accused of shoplifting from Kmart.

A 16-year-old from Route 20, Alexander, is charged with criminal possession of stolen property. The youth was arrested following an investigation into car break-ins in the Village of Alexander during the night hours of Aug. 6-7. A younger defendant was also arrested, and considered the prime suspect. That case was handed over to family court.

Wesley Herrick Marean, 20, of Bronson Avenue, Avon, is charged with petit larceny. Marean is accused of shoplifting from Kmart.

Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with criminal trespass. Gaulden was allegedly found in a controlled access building at College Village. Gaulden was reportedly barred from the property. On Nov. 4, Gaulden was also arrested for alleged trespass and issued an appearance ticket. For the alleged trespass on Friday, Gaulden was jailed on $500 bail.

Gina Lee Schmidt, 21, of Elm Street, Le Roy, is charged with petit larceny. Schmidt is accused of using a fraudulent check at Walmart.

Peter S. Brigzna, 21, of Townline Road, Bergen, is charged with felony DWI and stopping on a highway. Brigzna was arrested following a report of a car stopped in the middle of the road on Bank Street Road, Batavia, at 6:52 p.m., Friday. Brigzna was allegedly found passed out in the car with the car running and the lights on. He was jailed on $1,500 bail.

Travis J. Schultz, 22, of 3620 Maltby Road, Oakfield, is charged with criminal mischief, 4th. Schultz is accused of recklessly damaging the entry door of Sport of Kings restaurant during a fight with another person.

Clinton A. Anderson, 25, of 8 Walden Creek Drive, Batavia, is charged with criminal contempt, 2nd. Anderson was allegedly involved in a domestic incident with a woman he was ordered to stay away from. He was jailed on $2,500 bail.

Brandon T.C. Johnson, 20, of Culver Road, Rochester, is charged with unlawful possession of marijuana and uninspected motor vehicle. Johnson was stopped at 5:14 p.m., Nov. 3, on Main Road, Corfu, by Deputy Patrick Reeves.

A resident on Pringle Avenue has asked for police to respond to his house.

He says he came home to find his house broken into.  The only thing missing are his keys and his red Chevy Impala.

UPDATE 6:51 a.m.: The car has been located.  The owner's brother borrowed it.  The owner's brother sent a text message saying he was borrowing it, but the owner didn't read the text message.

A two-car accident with an injury is reported at the intersection of Park Road and Veterans Memorial Drive, Town of Batavia.

The accident is reportedly blocking the intersection.

Town of Batavia Fire and Mercy EMS dispatched.

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When the verdict was pronounced, all Kristen Cianfrini could do was cry.

Melissa Engelhardt, who in her mind, had murdered her 21-month-old son, Andrew Cianfrini, was getting away with it.

Even though experts had told Kristen a manslaughter rather than a murder verdict was possible, especially from a reportedly liberal Chumung County judge who would render the decision in a non-jury trial, she didn't want to believe it.

"I just pushed it out of my mind," Kristen said. "I just thought the evidence was there."

And according to Ed Minardo, director of Genesee Justice, who sat with Kristen through the entire trial, it was.

"How can somebody put poison in a sippy cup and over the next 24 hours watch a baby get sicker and not take him to the hospital and that not be depraved indifference?" said Minardo.

George Engelhardt, Melissa's husband, didn't know what his wife was up to, according to testimony, and Melissa resisted his attempts to get her to take Andrew to the hospital. He didn't know Andrew had been poisoned.

"He was devastated (by the verdict)," Minardo said.

Kristen said her former boyfriend and Andrew's father tried to divorce Melissa after Andrew's death, but couldn't because she was pregnant with the couple's second child.

George Engelhardt doesn't currently have a phone. We've contacted him through Facebook seeking comment.

Judge Peter C. Buckley took more than an hour to read his verdict, meticulously going through his reasoning, while the supporters of Andrew Cianfrini grew increasingly fearful as Buckley's line thinking started to become clear.

"It got to the point where it was just like, 'Get it over with and let us get out of here,'" Minardo said. "It was tortuous."

Minardo said Buckley skipped right past evidence that 24-year-old Englehardt had discussed with friends how to poison a toddler, and that she had researched through Google how to poison a baby.

According to Minardo, the judge said that Engelhardt was unable to comprehend the articles she found online because she only has a GED-level education.

Minardo said Buckley put a lot of stock in the fact that Engelhardt had read that convulsions would proceed death in a methanol poisoning, ignoring statements in the same article that death is likely if a person ingests methanol.

"He used the evidence he wanted to support the conclusion he wanted to arrive at," Minardo said.

Engelhardt's whole idea of poisoning Andrew started with the thought, according to Minardo, that she could some how pin it on Kristen. Even if Andrew didn't die, she could get Kristen labeled an unfit and neglectful parent. Then George and Melissa could gain sole custody, and George would no longer be required to pay child support.

If the Elmira resident had been convicted of murder, she could have been locked away for more than 25 years, possibility for life. With a manslaughter conviction, the sentence range is five to 25 years.

"Andrew's not coming back," said his grandmother, Jean Cianfrini. "There is no justice, no matter how long she gets. But if she only gets give years, I don't think this family can handle it."

Minardo is hoping many people from Genesee County write letters to the Chumung County Probation Department asking that Melissa Engelhardt receive a long, if not the maximum sentence. The department is preparing the required report that Buckley will review prior to sentencing.

Minardo said the community could make a difference.

"The fact that he did not find her guilty of murder second doesn't mean he needs to be lenient in the sentence Melissa gets," Minardo said.

A long prison sentence, Kristen said, would help restore some of her damaged faith in the criminal justice system.

Engelhardt is scheduled for sentencing at 1:30 p.m. on Monday, Dec. 6, in Elmira.

Letters for presentencing review can be sent to: 

Brian Dupont
Re: People v. Melissa Engelhardt
Chumung County Probation Department
203 Williams St.
Elmira, NY 14091

Photo: Jean Cianfrini, left, Kristen Cianfrini and Ed Minardo.

It's been a lot of work, but Fedora Diner, at 4974 Ellicott St. Road, Batavia (the former Beehive location) is finally ready to open, according to owner Alice Buckel.

The diner will open Monday, but it's just a soft opening for the first few days. The diner will offer only baked goods and coffee. A full hot-breakfast menu will be served once any kinks in operations get ironed out.

County Legislator Jay Grasso says he felt threatened by online postings, and one phone call, from a member of the County Democratic Committee and so he called State Police.

Yesterday, 30-year-old Chris Charvella -- a former candidate for the legislature himself and a frequent contributor to The Batavian -- was arrested and charged with aggravated harassment, 2nd, a misdemeanor.

Today, Grasso said that he felt Charvella had gone too far with some of his postings, but when Jay got a call from his wife, who said she felt fearful after a phone call from Charvella, he couldn't just laugh it off.

"I don't view it as a joke once you call my wife and upset my wife," Grasso said. "When you call my house and threaten my wife, that's going too far in local politics."

The complaint against Charvella reads:

On the aforementioned date, time and place, said defendant did contact the residence of Jerome J. Grasso by leaving a message. The message stated "Hey, Jerome, it's Chris Charvella, thanks for reading my blog."

The complaint is signed by Jay Grasso.

The alleged message is the same one Charvella said he left in a blog item about troopers showing up at his house that he posted on his own website yesterday at 7:55 a.m., more than 24 hours before his arrest.

Today, Charvella, who lost a legislative race to Republican Hollis Upson in 2009, made a two-sentence statement to The Batavian: "You can decide whether or not there is something illegal in there. I obviously don't think so."

The genesis of this particular dispute goes back to just a few days before the Nov. 2 election. Charvella wrote in a blog post that he had shown up to work that morning and found a lawn sign for Republican Mike Ranzenhofer's campaign on his employer's property. He speculated that Grasso had left the sign, giving him the alias, "Sharome Glasshole."

Charvella concluded his post thusly:

"So, to the Genesee County 'sign guy' and the Ranzenhofer campaign: The next time I see an unauthorized sign go up in front of a commercial property, I'm going to harvest the damn thing, march straight down to Republican headquarters and cram it up the first ass I see."

The next day, according to another blog post by Charvella, a Ranzenhofer sign was left in his front yard with a message, "Courtesy of Sharome Glasshole."

It was that message, according to Charvella, that prompted the phone message on Glasso's home phone.

In that post, Charvella raised a number of allegations about Grasso, accusing him of not having a job to pay his bills, having a house go into foreclosure and assaulting a subject while a Sheriff's deputy.

Those are allegations Grasso has heard before and he said today that he can prove he was the victim of identify theft and he is fully prepared for local Democrats to try and use those allegations against him.

Charvella's post concludes with a picture of an Ewok (of "Star Wars" movie fame) and the caption "Prepare Your Anus."

That was a remark that Grasso said he found threatening, adding that the alleged threats have no place in local politics.

"This is local," Grasso said. "We all know each other. We don't need this partisanship. Hopefully, (this case) will cause people to reflect and step back from the politics of destruction."

Photo: File photo of Charvella.