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Photos: Water flow training at DeWitt

By Howard B. Owens

Genesee County Emergency Management Services was conducting water pump operations training for new recruits this afternoon at DeWitt Recreation Area, with assistance from Le Roy fire and Byron fire departments.

The goal while I was there was to get the flow up to 1,500 gallons per minute. Town of Batavia's Ladder 25 is capable of flowing 2,000 gallons a minute.

If you want to do fun stuff like this, become a volunteer firefighter in your community. Visit Ready Genesee for more information.

Truck rolls over on Bank Street after swerving to avoid dog

By Howard B. Owens

A Security Roofing pickup truck was traveling north on Bank Street at about 8 a.m. when it swerved to miss a dog in the road, hit the curb and then a guy wire of a utility pole, causing it to roll onto its side. 

The location was just north of Washington Avenue.

The driver of the pickup, a male in his 30s, was transported to UMMC to be checked out. 

The truck's load of scaffolding spilled onto Bank Street.

National Grid called to the scene to fix the guy wire.

City fire also on location for leaking fluids from the truck.

Photos and reporting by Alecia Kaus / Video News Service.

Tomorrow, tour some beautiful homes and gardens in Batavia

By Howard B. Owens

 

Tomorrow, take the opportunity to tour some of the finest gardens and homes in Batavia.

The Landmark Society of Genesee County is once again hosting the annual House and Garden Tour, this time in cooperation with Vibrant Batavia.

The tour runs from noon to 4:30 p.m. and tickets are $20 per person. Proceeds will go to the Batavia Cemetery Association to assist with efforts to restore the Richmond Mausoleum.

Above, Jim and Kathy Owen of 2 Redfield Parkway in a portion of their garden. The first three photos below are from their garden.

David Gann outside his home on East Avenue. David said the credit for the garden's beauty goes entirely to his wife, Marcia. "I'm just the guy who cuts the lawn," he said. Unfortunately, Marcia wasn't home when The Batavian dropped in unannounced for a picture.

The home and yard of Judith Hale, 14 Jackson Ave.

These pictures are of Lou and Millie Moretto's yard, 65 Edgewood Drive. Millie said the yard is entirely Lou's handy work. Note the fairy garden below.

Lucine Kauffman added this reminder in comments:

Tickets will be available the day of the tour (Saturday) at the Batavia Cemetery starting at 11:30 a.m.

Full press release about the event after the jump:

The Landmark Society of Genesee County will hold its 4th Annual House and Garden Tour on Saturday, August 2, from 12 to 4:30 p.m. Each year the Landmark Society donates proceeds from the tour to support a local preservation effort. This year the proceeds will go to the Batavia Cemetery Association to assist with its efforts to restore the Richmond Mausoleum. Specifically, the stained glass window in the mausoleum is in need of extensive repairs. The Historic Batavia Cemetery on Harvester Avenue will be one of the stops on the tour, and stationed at the mausoleum, Connie Boyd will portray Mary Richmond.

The tour will showcase notable homes and gardens in the City of Batavia. Vibrant Batavia has collaborated with the Landmark Society to organize and plan the event. The Sun Catchers Garden Club has pitched in to help staff the cemetery tour stop and decorate the Richmond Mausoleum exterior with flower pots that its members design. The Youth Bureau Community Garden and the Peace Garden will also be open and staffed with volunteers to provide information and answer questions.

House and Garden Tour Chairperson Marcia Gann’s home will be one of the stops on the tour “The Landmark Society is so pleased to have partnered with Vibrant Batavia this year. Leanna Di Risio has worked with our committee and given us the benefit of her enthusiasm, event planning experience, and contacts in the city. She’s gone above and beyond by opening her beautiful home for one of the tour stops, too. We have an interesting mixture of old and new homes; public and private gardens; and both new and established gardens. We even have a Fairy Garden on the tour this year!”

The private homes on the tour are:

• RaeAnn Engler and Richard Beatty* (home also open for tour)
• 123 Summit St.

• C. 1870 National/Vernacular Style
• When RaeAnn and Richard moved into 123 Summit in 2000, they gutted the interior down to the old studs. Over the next few years virtually everything was replaced except for the framing and oak wood floors. Remarkably, RaeAnn and Richard are only the second family to live here. In 2005 they were named Homeowners of the Year by the City of Batavia. In the gardens they salvaged peonies, tulips, some raspberries, and perennial springtime star flowers. Over the years a variety of perennials and more raspberries have been added. This year the raised vegetable beds were revamped.

• Georgene and Rocco Della Penna
• 19 Richmond Ave.

• C. 1930 Colonial Revival Style
• “I started buying bulbs and progressed to perennial flowers. Two of my favorites are Chinese Tree Peony and Lime Light Hydrangea. I have been gardening for 25 years; it is my favorite pastime. The garden looks the best in June, but we enjoy it throughout the growing season.”

• Dave and Marcia Gann* (home open for tour)
• 268 East Ave.

• C. 1935 Cape Cod
• Dave and Marcia have resided in their Cape Cod home with Arts and Crafts influences for 25 years. The gardens encircling the house were designed and landscaped by Tim Richley and Holly Dougherty. The gardens feature several varieties of hydrangea.

• Paula Miller* (home open for tour)
• 15 Pearl St.

• C. 1927 Folk Victorian Style
• Paula has used Small Space Gardening techniques to create an outdoor living and entertaining room. Her newly planted garden features annuals, perennials, and vegetables arranged around a large backyard patio.

• Debbie and Mike Barone
• 3919 W. Main Street Road

• C. 1948 Ranch Style
• “I love to add unique things to my gardens such as antique pieces. We supplement the perennial selection with annuals to add further color and appeal. The arbor covered with climbing clematis serves as the gateway from our sunroom to our peaceful backyard.”

• Leanna and Dan Di Risio* (home open for tour)
• 60 Edgewood Drive

• C. 2012 Craftsman Style
• “Our simple landscape blooms from spring to fall, and during the summer months we display flower planters to add bursts of color throughout the front and back yard. We recently installed a back patio to give us additional entertaining space to be enjoyed by family and friends!”

• Lou and Millie Moretto
• 65 Edgewood Drive

• C. 2010 Ranch Style
• Several specimen plants make Lou’s yard unique. In only four years, a vacant field has been transformed into a beautiful landscape with the help of Tony and Michele Moretto Slominski (LANDVISION). Lou’s young garden is designed to have something in bloom throughout the season. Be sure to see the “Fairy Garden.”

• Rose Mary Christian
• 29 Williams St.

• C. 1958 Ranch Style
• “I have lived here for over 12 years and my flower bed garden just keeps on growing! My favorite two flowers are from Poland and I will tell you about them when you visit on the tour.”

• Tim and Lisa Stoddard
• 20 Ellicott Ave.

• C. 1880 Queen Anne Style
• Victorian gardens featuring period plants complement this fairy tale home with a large circular front porch and ornate decorative trim. The Stoddards are Landmark Society of Genesee County Preservation Award recipients for their historically appropriate, meticulous restoration of this Batavia gem.

• Jim and Kathy Owen
• 2 Redfield Parkway

• C. 1930 Colonial Revival Style
• A long-established garden hidden from the bustle of Main Street in a park-like setting. This yard features a variety of hosta plants, an informal perennial garden, and a small pond.

• Judith Hale
• 14 Jackson Ave.

• C. 1951 Cape Cod Style
• Showcasing a beautiful collection of hosta plant varieties, Judith’s gardens flow from the front to the back of the property. Each flower bed is painstakingly cared for.

Refreshments will be served at each tour stop.

Door prize drawings will be held at the Historic Batavia Cemetery at 4:30. Completed tour surveys will serve as the door prize entries. You must be present to win. Prizes were generously donated by: Delre’s Greenhouse and Garden Center; Floral Fantasies; Harvester 56 Theatre; Pudgie’s Lawn & Garden; The Landmark Society of Genesee County; and Vibrant Batavia.

Tickets are $20 per person and are available for presale at Harrington’s Produce (Batavia), GOART!, and Valle Jewelers. Tickets will also be available the day of the tour at the Batavia Cemetery starting at 11:30 a.m.

Police announce results of Thursday's neighborhood enforcement detail

By Howard B. Owens

Press release:

On July 31st the City of Batavia Police Department joined by the Genesee County Drug Task Force (The Genesee Drug Task Force is comprised of personnel from Batavia PD, Le Roy PD and the Genesee County Sheriff’s Office.), Genesee County Sheriff’s Office and Genesee County Probation participated in the second neighborhood enforcement detail this summer. The purpose of these details was to systematically approach known problem areas within the City and target criminal activity.

In total 12 law enforcement personnel from four different agencies were partnered in focused enforcement details in seven separate locations. NET patrols included State Street, Bank Street, Tracy Avenue, Dellinger Avenue, Holland Avenue, and the Ellicott Street Corridor. The following are results of this year’s second detail:

45 data runs
24 vehicle/traffic stops
14 Traffic tickets issued
4 Vehicles Searched
3 Penal Law Arrests

  • Munroe, Isaiah J.A., age 24, Unlawful Possession of Marijuana, Court Date 08/12/14
  • Witkop, Michael A, age 22, Unlawful Possession of Marijuana, Court Date 08/12/14
  • Lattimer, Henry, L., age 33, Unlawful Possession of Marijuana, Court Date 08/19/14

12 probation checks
3 probation violations

Batavia Police Chief Shawn Heubusch said “The City Police will continue to make a concentrated effort in those areas that need the most enforcement. We are lucky to have the assistance of the other agencies in providing the support to these very productive details. Many major crimes have been solved by starting small; officers know that the simple traffic stop or street encounter has the possibility to turn into a major arrest. These details have a proven track record of producing tangible results and therefore we look forward to implementing them as the year progresses.”

Genesee County Chief Deputy of Investigations Jerome Brewster added “The NET details provide local law enforcement with the resources necessary to address 'quality of life' issues for our citizens. Through the shared efforts of the Batavia Police, Sheriff's Office, Probation and Parole, we can have an immediate impact on drug dealing, drug-related activity, probation and parole violations, as well as related unlawful behaviors in areas previously noted for this type of behavior. Input from our citizens is critical so that our resources can be directed to areas where the enjoyment of property and neighborhoods have been compromised by the actions of others.”

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons. All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations.  

If you see criminal activity or know about a crime that has occurred please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

St. Joseph School chosen as Enhanced-STEM School by Diocese of Buffalo

By Billie Owens

Press release:

St. Joseph School of Batavia has been chosen by the Diocese of Buffalo as one of 10 diocesan‑schools to pilot their enhanced STEM program. STEM within the educational community has come to refer to enriched programming emphasizing Science, Technology, Engineering and Mathematics.

The Diocese’s enhanced program adds Religion and the Arts to create the STREAM initiative. The STREAM program consists of two facets: “STREAM teaching” and “STREAM Academy.” STREAM teaching is deliberate subject integration. For example, students might be studying ancient Greece in their Social Studies class, column design in Art class and participate in an Olympics-based unit in their Physical Education class.

Stream-teaching is not a new curriculum, but instead a framework for teaching that formalizes what great teachers are inclined to do naturally, integrate across the curriculum. STREAM Academy is the adding of supplemental, project-based courses to the curriculum.

One day a week, during the final period of the day, the entire school (K-8) will participate in various grade-appropriate STREAM project-based courses from robotics to future-city-competition.

“We are completely thrilled that the Diocese chose St. Joseph School to pilot this program,” said Principal Karen Green. “We have worked diligently over the last several years to update our technology and improve our facilities in anticipation of offering new and exciting programming.

"Our goal remains to prepare our students to excel as they grow from their high schools to colleges and eventual careers.”

St. Joseph School currently serves 280 students from 14 school districts within three counties.

Applications for the upcoming school year are still being accepted. Interested families may call 585‑343‑6154 or visit www.sjsbatavia.org

Sean Vickers convicted in sexual abuse trial

By Howard B. Owens

It took a Genesee County jury all of 95 minutes to conclude that Sean Vickers did in fact molest five boys in Batavia over the several years prior to 2013.

The guilty verdict on five counts concludes a three-day trial in County Court.

Vickers, 45, will be sentenced at 10:30 a.m., Aug. 28 29.

The defendant stood motionless in a pressed black suit as the jury foreman was asked to recite the verdict on each of the five counts against Vickers.

Sodomy in the first degree: Guilty.

Sodomy in the first degree: Guilty.

Criminal sexual act in the first degree: Guilty.

Criminal sexual act in the first degree: Guilty.

Sexual abuse in the first degree: Guilty.

Previous coverage:

Raceway Mini-Mart on East Main, Batavia, has closed

By Howard B. Owens

The Raceway Mini-Mart at 629 E. Main St., Batavia, has closed.

A customer contacted us last week about the impending closure and said the store shelves were nearly bare as the owners wound down their operation of the location. She said the owners told her annual rent increases were making it harder to keep the business going. 

She said she was sad to see them close.

"They are the nicest store owners I have encountered," she said. "Every time I’ve gone in there I have just felt that they were so appreciative of my business, and their friendly nature is just so welcoming."

The property is owned by Kevin Brady, president of Townsend Energy in Le Roy.

Brady wasn't available for comment, but a Townsend employee said the building has been leased to another operator and will reopen, but no name or opening date is available at this time.

Photo and some reporting by Alecia Kaus / Video News Service.

Attorneys present their cases to the jury in sexual abuse case

By Howard B. Owens

Inconsistencies in witnesses testimonies, a lack of evidence, and a witness who had motivation to lie are all reasons to find Sean Vickers not guilty of sexually abusing five boys in Batavia, defense attorney Jerry Ader told jurors today in closing arguments of the three-day trial.

District Attorney Lawrence Friedman countered that Ader "nibbled around the edges" of the case and ignore inconvenient facts.

Jurors are being asked to decide whether Vickers is guilty of sodomy (the title of the law at the time of the alleged offenses) and criminal sexual act.

Vickers, a former Batavia resident, was living in Geneva at the time of his arrest. 

Ader, of the Public Defender's Office, told jurors that one witness told investigators at one time that he was eight years old when Vickers molested him; at trial, the same person said the acts occurred in 2011. 

Both statements couldn't be true, Ader said.

"You have people here who just don't remember what happened and when," Ader said. "That leads to whether these things happened at all."

Friedman said that while a person's childhood memories may be faulty about dates, they aren't faulty -- at least in this case -- about the searing memories of abuse.

None of the alleged victims at any point were inconsistent or recanted their testimony about specific acts of abuse, even if they couldn't place them at the right time in their lives.

"That's not something they forget," Friedman said. "That's not something they confuse with something else. That's something that sticks with them for the rest of their lives."

Ader said only one police officer testified at trial and provided only one fact relevant to the case.

"The people did not offer any evidence to support the alleged victim's testimony from an unbiased law enforcement investigation," Ader said. "You heard testimony from a forensic expert that interestingly can explain every inconsistency as being consist with child abuse. How convenient that every possible inconsistency can support sexual abuse."

There was an investigation, Friedman said. That's how some of the witnesses were located and their stories of past abuse -- or knowledge of abuse -- were brought to light.  

And the forensic expert didn't testify that inconsistencies were evidence. She explained, Friedman said, why children who have been abused sometimes lie, hide the truth, are fearful of coming forward and change their stories. 

"We're not at all suggesting that this is evidence of abuse," Friedman said. "This is not a diagnostic tool. We're not saying if you find those factors it proves abuse. The purpose of her testimony is for you to hear from an expert with her speciality explaining why these things happen and don't happen."

The alleged victims were consistent in the key facts: their abuse, Friedman said.

"With five victims in this case, there is no indication of them ever retracting the allegations of sexual abuse," Friedman said. "There's no indication of peer pressure. There's no indication of suggestions by others."

Ader was especially critical of one witness, now an adult serving a state prison term for sexual abuse, who claimed to have been abused by Vickers when he was 12.

The witness has been denied parole before and has another upcoming parole hearing. That's motivation to lie, Ader said.

"He's been in prison for years," Ader said. "He's had more than enough opportunity to make statements, to contact police, to say something about (Vickers) for years, without any threats or promises. (Vickers) can't get him in prison. He can send an anonymous letter. Nothing. But now he needs to get out of prison, so he makes the allegations against (Vickers). How convenient."

The fact is, Friedman said, the witness had shared his allegation of abuse at the hands of Vickers 10 years ago, just not in as much detail as now.

Also, it's not like the witness came forward. An investigator located him and questioned him. There's no evidence the prisoner asked for or received special treatment in exchange for his testimony.

The jury started deliberations after receiving instructions on the law and the counts against Vickers this afternoon.

CORRECTION: An earlier version of this story left out the word "not" in the following quote from DA Lawrence Friedman: ""This is not a diagnostic tool."

Melee reported at Lewis and State, combatants wielding baseball bats

By Billie Owens

About 15 to 20 people are reportedly fighting, armed with baseball bats, at Lewis Place and State Street. City police are responding.

UPDATE 8:54 p.m.: Howard at the scene reports that there are six cop cars at the scene, including units from the Sheriff's Department. In addition, he said dozens of people "are milling about," some of whom are being interviewed by law enforcement. One witness told Howard that no baseball bats were involved.

Several vehicles with smashed windows and stolen valuables reported on Bank Street Road

By Billie Owens

At least 10 vehicles were broken into this evening on Bank Street Road at the Batavia Sports Park. The victims of these "smash-and-grab" crimes are missing purses, wallets, jewelry, credit cards and more.

Mostly, side windows were smashed, but one vehicle had a rear window smashed.

The crimes were reported by an off-duty deputy. State Troopers are on scene now.

Although soccer and kickball games were under way at the park, no witnesses have been found.

In addition to these crimes, it is reported that overnight on the city's Southside, at least four criminal mischief complaints resulted from vehicle break-ins.

For tips that may aid in the investigation, State Police can be reached at (585) 344-6200.

UPDATE 9:45 p.m.: Using mobile phone tracking technology, State Police were able to locate three bags of purses in a dumpster at a hotel in Clarence off the Thruway. No suspects found.

New home of Reed Eye built with historic preservation and customer care in mind

By Howard B. Owens

In the past, when Dr. Ronald Reed has expanded his practice, he's erected gleaming new buildings from the ground up.

But not in Batavia.

Reed Eye Associates has opened its sixth location and Reed selected a location with character and ambiance and a bit of history.

The brick building at 39 Washington Ave., across from Austin Park, was most recently the City Schools administration building, but when originally built in 1903 by Edward Dellinger, it was an elementary school.

Batavia's most prominent architectural firm of the time, Henry Homelius and Son, designed the building.

In remodeling the interior, Reed has kept to an art deco theme with a touch of modernism in keeping with the character of the building.

"I saw the building listed online and went to the site and looked at the building and liked it," Reed said. "I called Tony Mancuso, who had the listing, and he gave me a tour. I thought, 'this building needs a lot of work, but it has some great bones.' "

Refurbishing the building also uncovered a little history. One brickmason left behind a note found in the stairwell that said the best men laid the bricks. Another worker in 1939 put a note in a bottle, which was found in a wall, that said "if you're reading this note, it means by now we're all in hell."  

Then there was letter on YMCA letterhead and postmarked 1913, address to a young Myron Fincher. The apparently mimeographed letter speaks of a young man worthy of attention who exchanged a correspondence with Frank Crane, a Presbyterian minister and newspaper columnist. The letter references the enclosed newspaper column, but the column was not in the envelop.

Fincher was born in 1898 in Corfu and worked on the family farm. His fondness for animals brought him to Cornell University. He became an internationally prominent veterinarian. Early in his career he received the Borden Award from the American Veterinary Medical Association. By the 1960s, he was working overseas in places such as Peru, Uruguay, Brazil, Greece, Nigeria and Italy.

Reed said it was thrilling for these little bits of history to be found in his old building.

Reed's company purchased the property from the school district in 2012 for $500,000 and its 13,452-square-foot building. The renovations cost more than $1.5 million and helped put the property back on the tax roles. Reed Eye received $140,861 in tax incentives through Genesee County Economic Development Center for the project.

The expansion of the practice, which was founded in Bushnell's Basin (Pittsford) in 1978 has come, Reed said, as the practice attracted more and more patients. Each time an office would grow beyond its capacity, rather than expand that location, Reed looked at his patient list and figured out where he had a concentration of patients who were driving some distance to get to his office.

First, Reed Eye expanded to Greece, then Irondequoit, then Newark followed by Sodus.

Expansion has been driven, Reed said, by his belief that doctors should focus on their patients.

No long ago, he said he was asked to speak to a group about the secret of his success. He declined, he said, because "there is no secret."

"My word of advise is 'take good care of your patients and your patients will take care of you,' " Reed said. "If that's the focus of your practice, the patients will build your practice. If you don't, you won't have a practice."

With more and more patients from Genesee County, particularly because of a partnership with Dr. Bill Lapple in Le Roy, Batavia seemed to be the natural choice for a sixth office complex.

Reed said there were simply no suitable sites for the office, which was one reason he considered the old school administration building.

The fact that it's large, with plenty of parking (and room for more), centrally located in the city and across the street from a park, where all advantages.

"The park helps give it a nice bucolic feel," Reed said.

In the redesign, as much of the old building was preserved as possible -- the arches, the worn stairway trampled by thousands of students over the years, and the old woodwork. There's even an old desk from the library that is being restored and will be a centerpiece of the entry hallway.

"I've had an interest for some time in historic preservation," Reed said. "We have a 100 year old house in East Rochester that we've been restoring. This seemed like the right thing to do."

The focus on historic preservation shouldn't imply that the practice isn't state of the art. Reed's optometrists, opthamologists and opticians (and even a facial plastic surgeon) have all new equipment to work with.

Read also believes in supporting the communities he does business in. He hires locally as much as possible, he said. Four key employees already with the Batavia office are longtime Batavia or Le Roy residents.

"When a patient walks in the door, they should recognize the people who work there as members of their community," Reed said. "I want to support the town because if the town supports me, it has to be mutual. We want to keep the dollars local."

There will be a ribbon-cutting and open house for Reed Eye Associations at 2 p.m., Friday.

Optomistrist Kimberly Rosati with patient Tanner Richardson, who was in the clinic Wednesday learning how to put in his new contact lenses (picture below).

 

Batavia Downs security guard performs CPR on patron, saving a life

By Howard B. Owens

A Batavia Downs patron is alive today because of the training and calm professionalism of a security guard who started CPR and helped administer defibrillation.

Cory Lapp is only 21, but he's already been a volunteer EMT with the Attica Fire Department for three years (he joined the department at age 16). His medical training came in handy while working security at the casino when he checked on a report of a patron who was down and unresponsive.

"There were a couple of people standing around, so I peaked over and realized he wasn't moving at all," Lapp said.

Lapp immediately started CPR and summoned a partner, Officer Bob Humphrey, to retrieve the defibrillator.

Together, they used the machine on the patient and the man revived and was later transported to the hospital.

The name of the patient has not been released.

As an EMT, Lapp has been called on to perform CPR before, but he said it still feels pretty good to save a life.

"It feels good to know that when he was in my hands, he was alive," Lapp said. "It's a good feeling. It's kind of hard to describe it."

As Lapp walked with a reporter through the facility, coworkers congratulated him.

"Good job, Cory," they said as he walked by.

Child on bike struck by Jeep at East Avenue and Walker Place

By Billie Owens

A caller reports a child on a bicycle was struck by a Jeep in the area of East Avenue and Walker Place. City police, fire and medics responded.

This was initially reported as being at 34 Columbia Ave. Regardless, the victim is inside the residence at that address.

The vehicle was also described as being a gray van.

City fire is back in service. Police are speaking roadside with the driver.

UPDATE 5:13 p.m.: Medics are taking the patient to UMMC. He is described as 9 years old and complaining of right side pain and a bump on his head.

Batavia Concert Band move's tonight's show to GCC

By Howard B. Owens

Due to the likelihood of rain, the Batavia Concert Band's performance this evening is moved to the Stuart Steiner Theater at GCC.

From the announcement:

Tonight's concert will feature bandmembers' and conductor John Bailey's favorite pieces from this Summer and years past. It'll be an audience (and musician) pleasing mix of movie themes, Big Band and Broadway tunes, and of course -- marches!

Child gives explicit testimony in sex abuse trial of Sean Vickers

By Julia Ferrini

The first witness this morning in the sexual abuse trial of Sean Vickers, a former Batavia resident, offered testimony that was jarring and explicit.

The child testified that Vickers forced him to perform oral and anal sexual acts.

District Attorney Lawrence Friedman asked a series of questions about the acts, which the child answered in simple, direct language.

Friedman: "What did that feel like?"

The witness: "It didn't feel good. I cried."

That witness and a second child testified to alleged abuse in early Autumn, 2012.

Defense attorney Jerry Ader asked the first witness about family outings with Vickers.

"You had said that Sean (Vickers) bought things for you. Were these purchases just for you?"

"No."

"So when you went out with Sean, he paid for those outings?"

"He paid for outings, but I'm really not sure."

Next, Ader switched gears. Reminding the first witness that he had been asked these questions before, right here in Batavia, where the witness had responded that nothing ever happened; also asking the witness if he had said anything to anyone about Vickers, to which the witness responded, no.

"I said nothing happened because I was scared."

After Ader's questions to the witnesses, the DA asked if Vickers had said anything to them. "Do you like it?" "You can't tell anyone" and "You have to promise not to tell anyone" were the responses.

The third witness's memory was a bit shaky at times and Ader masterfully cast doubt as to the credibility of said witness.

"When you were here before in front of the Grand Jury you had said that Vickers told you not to say anything to anyone, yet today you are saying that he said nothing?"

"Yes."

"So, which one is the truth?"

"He didn't say anything."

Friedman countered Ader, asking the witness to think back at the time in 2012 and asked the witness again if Vickers said anything to him and again, the witness again said he (Vickers) did not say anything to him.

However, Friedman also asked the witness if he had said anything to anyone about what Vickers did to him.

"Yes. My Uncle and Dad."

"You didn't tell your Mom?"

"No."

The morning's final witness testified that Vickers had spent several weekends in their home as well as a relative's home where the boys had often gone to throughout the Summer, occasionally spending weekends there. The witness also verified that Vickers purchased items for the family, as well as, treated them to outings such as skiing, camping, the zoo, and the movies.

"Whatever the boys wanted, they got."

Friedman asked the witness if Vickers had ever took videos of the boys, whereas the witness affirmed. However, Ader countered that objections to the videos being taken were never voiced, to which the witness concurred. Ader also pointed out that the witness could not definitively say that Vickers was at the residence where the boys spent an occasional weekend, as the witness was not the only person who had dropped them off.

Before the jury entered the courtoom for the morning testimony, Ader objected to the use of two prosecution witnesses. The jury is already aware of the effects of child abuse, Ader argued. Friedman said the expert testimony is necessary for the jury to have a complete understanding of the effects of child abuse. Judge Robert C. Noonan overruled the objection.

The trial resumes at 2 p.m.

Law and Order: Alleged parole absconder accused of giving false name to police

By Howard B. Owens

Benito A. Gay, 26, of Bank Street, Batavia, is charged with criminal impersonation, 2nd. Gay is accused of giving a false name to police in an attempt to hide his identity as an alleged parole absconder. Gay was jailed on a NYS Parole retainer.

Mckayla J. Kosiorek, 19, of Jackson Street, Batavia, is charged with unlawful possession of marijuana. Kosiorek allegedly possessed marijuana paraphernalia containing marijuana residue.

Alex Scott Dumbleton, 21, of Liberty Street, Batavia, is charged with two counts of criminal contempt, 1st. The day after being served an order of protection barring contact with two people, Dumbleton allegedly went to the residence of the protected parties.

Brian Eric Daggar, 28, Woodmill Drive, Holley, is charged with petit larceny. Dagger was arrested on a Town of Batavia warrant by the Monroe County Sheriff's Office during an investigation into an incident at the Walmart in Brockport.

Amanda Marie Webb, 25, of Colby Road, Darien, is charged with petit larceny and criminal possession of a forged instrument, 3rd. Webb was stopped for an alleged traffic infraction on Colby Road, Darien, and was found to have a warrant out of City Court for an alleged crime reported March 31 at 10 at Jefferson Square, Batavia.

Photos: Patriot Guard delivers portrait of Sgt. Schmigel to her mother

By Howard B. Owens

The Patriot Guard delivered today one more gift, one more honor for Karie Schmigel, the mother of Sgt. Shaina Schmigel, the Iraq War veteran and paratrooper who died while training at Fort Bragg, N.C., in early June.

Members of the group of motorcycle riders -- who often serve as honor guard and escort for soldiers who die in the line of duty, and did so for Shaina's funeral -- drove to Karie's house on South Swan this evening to deliver a special portrait of Sgt. Schmigel.

Karie was immediately overcome as soon as she saw it.

The portrait was presented by Robert Polanski, left, and Scott Hayes.

The Schmigel family is selling bracelets, stickers and T-shirts to honor Shaina. The proceeds are being donated to the Airborne & Special Operations Museum at Fort Bragg. So far, $1,500 has been raised.

Photos: A push mower never goes out of style

By Howard B. Owens

Driving down South Jackson, I see a man in black slacks and a dress shirt with a push mower cutting his lawn.

If it were the 1950s or 1960s, perhaps that wouldn't be unusual.

Frank DeMare said it is a little unusual for him to cut the lawn. Usually, it's one of his sons.

DeMare has four sons and a small yard, so he's never seen the point in buying a power mower, or a power snow blower, for that matter. Shovels work just fine.

Photos: Batavia Bulldawgs tuning up for another football season

By Howard B. Owens

As we move into August, football is in the air. The Batavia Bulldawgs started practices this week with sessions in the late afternoon at Kibbe Park. The first league games are Aug. 16, with Batavia hosting Attica at Lions Park.

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