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All-Weather Gang gallery exhibit opens

By James Burns

Pictured above from left. Top row: Alan Brewen, Don Grieger, Michael Killelea, Gil Jordan, Will Mancuso and David Huebsch. Seated; Kevin Feary, Jeff Watkins and Steve BonDurant.

The “All-Weather Gang” keeps a 40-year tradition alive with regional artwork and an exhibit at the Richmond Memorial Library Gallery. Monday's show opening features local scenes depicted in various painting disciplines and continues through October. 

Batavia HS inducts seven into Athletic Hall of Fame for 2019

By Howard B. Owens

Batavia High School held its annual Athletic Hall of Fame Dinner on Saturday night at Batavia Downs.

Inducted were:

  • Elizabeth Varland, 2002, Soccer, Indoor Track & Field, Outdoor Track & Field
  • Ryan Gugel, 2005, Football, Wrestling, Ice Hockey, Baseball
  • Stephanie Conway, 2003, Cross-country, Indoor Track & Field, Outdoor Track & Field
  • Amanda Page, 2006, Soccer, Basketball, Softball
  • Sumiyya Hunter Roff, 2004, Cross Country, Indoor Track & Field, Outdoor Track & Field
  • Jennifer Gurrant, 2005, Gymnastics, Cheerleading, Indoor Track & Field, Outdoor Track & Field
  • Phillip Santiago, 2003, Basketball

Law and Order: Meadowcrest Drive felon accused of endangering child, illegally possessing shotgun

By Billie Owens

Patsy Anthony Rapone, 52, of Meadowcrest Drive, Batavia, is charged with endangering the welfare of a child. He was arrested on Sept. 30 after an investigation into a domestic incident which occurred Sept. 20. He was arrraigned on Oct. 1 in Batavia City Court and released on his own recognizance. He is due back in court on Oct. 17. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Patsy Anthony Rapone, 52, of Meadowcrest Drive, Batavia, was arrested Sept. 30 and charged with criminal possession of a weapon in the fourth degree. He was allegedly found to be in possession of a shotgun illegally, because he is a convicted felon, on Dec. 25 on Meadowcrest Drive. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is to return to city court on Oct. 17. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Jeremy S. Carlson, 48, of Sumner Road, Darien Center, is charged with: driving while intoxicated; aggravated DWI; failure to keep right; speeding; and drinking alcohol in the motor vehicle on a public highway. At 8:55 a.m. on Oct. 6 Carlson was stopped on Pearl Street in Batavia and subsequently arrested at 9:08 a.m. He was processed and released from custody with an appearance ticket for Oct. 23 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Sgt. Eric Bolles.

Stephen Joseph King, 34, of Falleson Road, Rochester, is charged with: Aggravated driving while intoxicated -- with a BAC of .18 percent or greater; DWI -- first offense; and unsafe starting of a stopped motor vehicle. Following a traffic stop at 9:37 p.m. on Oct. 5 on South Lake Avenue in the Village of Bergen, King was arrested. He was released on an appearance ticket and is due in Town of Bergen Court on Oct. 30. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Sgt. Jason Saile.

Video: Wine Walk with a jazzy theme

By Howard B. Owens
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Car hits pole in front of Genesee County Jail

By Howard B. Owens
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A car vs. pole accident is reported at 14 W. Main St., Batavia.

That's in front of the Genesee County Jail.

City fire and Mercy EMS responding.

The driver is reportedly unconscious.

UPDATE(S) By Billie (9:18 p.m.): The accident is actually on the south side of Main Street, between the Peace Garden and the sewage lift station.

UPDATE 9:25 p.m.: The driver is conscious and alert and was able to walk to the stretcher.

UPDATE 9:59 p.m.: The driver is being transported to UMMC for evaluation. The accident toppled over a light standard and a DPW worker responded to deal with the situation.

David Bellavia throwing out first pitch tonight for playoff game in Washington

By Howard B. Owens

Press release:

Army Staff Sgt. Bellavia of Western New York has been invited to throw out the first pitch at tonight's Washington Nationals baseball game against the the L.A. Dodgers (Oct. 6). The game in D.C. begins at 7:45 p.m. and will be aired on TBS. The two teams are tied at 1-1. 

Shortly after receiving the Medal of Honor at the White House on June 25, Bellavia threw out the first pitch at the Mets/Yankees game on the Fourth of July. 

Coming up
This Saturday, Oct. 12, Bellavia will be honored by the Niagara Falls community with a key to the city and present the talk "Duty 1st with David Bellavia: Serving Country and Community" at the Rapids Theatre. Tickets to the 3 p.m. event are $22 and will benefit a new nonprofit created by Bellavia called Deuce Deuce Relief Fund.

This inaugural fundraiser and Deuce Deuce benefits soldiers from Bellavia's prior Task Force in Iraq (Task Force 2-2), who may be experiencing hardship or require other assistance. 

Tickets are available online through EventBrite, with a link at DavidBellavia.com.

Photo: Submitted by Duty 1st courtesy the New York Mets. The photo is from the Mets v. Yankees game earlier this year.

UPDATE: Video below courtesy Duty 1st.

'Southernmost' author Silas House visits Richmond library in Batavia

By Billie Owens

Submitted photos. 

By Samantha Stryker, Richmond Memorial Library Community & Adult Services librarian​

On the evening of Thursday, Sept. 26, the Reading Room at Richmond Memorial Library was filled nearly to capacity for the inaugural Richmond Reads author visit.

The purpose of the Richmond Reads one-book program was to bring the community together through the common experience of reading a book, engaging in thoughtful discussions about it, and hosting a visit from the author.

This year’s selection was the novel "Southernmost" by Silas House, who visited the library that evening to share a reading, give a talk and, as he put it, “have a conversation” with the audience.

The Richmond Reads program began months prior, when the book selection was announced in February. Many related events followed, including a contest during Summer Reading for a chance to win attendance to a tea with the author, a Joni Mitchell tribute concert by artist Leah Zicari to celebrate the musical influences in "Southernmost," a film screening of the documentary "Hillbilly" and community book discussions.

As homage to the Tale for Three Counties program, the Richmond Reads committee also decided to revive the review contest that had been a hallmark of Tale. Four winners were selected to attend a small tea event with the author for a chance to interact one-on-one prior to the main event.

Reviews were judged anonymously by the Richmond Reads committee for creativity, originality and writing quality. The four contest winners chosen were Ruth Andes, Sue Blanchard, Laurie Mastin and Rita Nan Tresco. Excerpts from their review are included below.

Ruth Andes (Elba):
"Southernmost requires each of us to look back at pivotal points in our lives. We confront the beliefs we hold and realize that they no longer fit the person we have become. The two gay men forced Asher to take that public stand. Once confronted, we cannot go forward in the life we have constructed. Change is required and often that change is radical.”

Sue Blanchard (Lockport):
“While reading this story, you can’t help but put yourself in the same set of circumstances and examine your own prejudices, values, morals, and beliefs. Not only was the book a well written story, but it challenged my thinking. I admire Asher for standing up for what he believed was right, despite the negative impacts, and, in the end I believe he made the right decision. Southernmost illustrates the struggle that judgement and hatred cause – Asher was judged by his community, and he judged his brother - both situations caused emotional turmoil. Tolerance is indeed a hard quality to embrace.”

Laurie Mastin (Pavilion):
“ 'Brainwashed: persuaded, convinced, indoctrinated, molded.' (courtesy-- Thesaurus: English (U.S.))
The term was only used twice in this book but it struck me as a central theme. Aren’t we all brainwashed by the experiences we’ve had and the people we are surrounded by?

"Reading this novel was thought provoking at a time when our country is being divided by extremely different points of views on many of these issues. It’s time to reconsider our past brainwashing, and use critical thinking to reach common ground.”

Rita Nan Tresco (Batavia):
“To flee with his son Justin is the only option Asher Sharp, a small Tennessee preacher feels he has after examining his conscience and finding his voice to speak to his congregation, on the topic of tolerance and human kindness. Preacher Sharp loses everything; his wife, family, and congregation and is also shunned by his community. With little access to the son he loves above all else, he sees no way out but to run…Along the way, as the story unfolds, we find our author, Silas House, weaving his words to be like a musical river of honey with many bends, twists and turns. The lovely conclusion has a beautiful message of learning to care for others through kindness, finding forgiveness in your heart, and being tolerant and respectful of each other. But mostly this lovely story is about finding the voice and the courage to love all of humanity.”

The Inaugural Richmond Reads Event

During his talk Sept. 26, Silas spoke to the themes in the book as they related to his personal experiences, ranging from his own journey as a father to his experience growing up in the evangelical church. He read passages from the text, particularly those that spoke to his theory that dogs are symbolic of “the presence of the divine.” Indeed, throughout the book, we see the pivotal part that dogs play as a metaphor for the lost and found faith of the main characters.

During an interactive discussion with participants, House graciously answered questions ranging from “what are you working on now?” (he said he has many “pots on the stove,” or projects, all at once -- one of which is a novel about a man and dog traveling across Ireland, set in the near future) to “what are you reading now?” ("Whiskey When We’re Dry" by John Larison, which he highly recommended, along with "Women Talking" by Miriam Toews) and answered many questions about his themes and characterizations in the novel.

The only question he declined to answer (to avoid spoilers) was what he thought happened to his main character, Asher, after the end of the book. He did note, however, that he likes to end his books with hope, which was certainly the case with "Southernmost."

After his talk, House signed books and interacted even more with attendees, sharing his open and generous spirit. He was warmly received, with one attendee showing him true Western New York hospitality by gifting him with some heirloom tomatoes to take home!

Making it Possible

This project would not have been possible without the hard work and dedication of the Richmond Reads Planning Committee, comprised of Sue Briggs, Sue Chiddy, Leslie DeLooze, Irene Hickey, Frances McNulty and Judy Sikora. Thanks also to Lift Bridge Book Shop, of Brockport, for selling books at the event. 

Richmond Reads was sponsored by The Friends of Richmond Memorial Library, as well as through a grant through GO ART!

This project was also made possible with funds from the Decentralization Program, a regrant program of the New York State Council on the Arts with the support of Governor Andrew Cuomo and the New York State Legislature and administered by GO ART!

Richmond Memorial Library continually provides access to physical and virtual resources and services that meet the educational, informational and recreational needs of its diverse community in a safe and comfortable environment.

Richmond Memorial Library is located at 19 Ross St. in the City of Batavia.

About Silas House

Hailing from Kentucky, Silas House is the best-selling author of six novels, three plays, and a book of creative nonfiction. He is a former commentator for NPR’s “All Things Considered,” is the recipient of three honorary doctorates and has won numerous prestigious awards for his work. "Southernmost" in particular was long-listed for the Andrew Carnegie Medal for Excellence in Fiction and was honored with many more awards.

House recently produced, wrote, and was featured in the documentary "Hillbilly," which examined the myths and stereotypes of Appalachia, historically and in the context of the 2016 election season. "Hillbilly" was chosen as the winner of the Best Documentary at the L.A. Film Festival and was long-listed for an Academy Award.

Silas currently lives in Lexington, Ky., with his husband, Jason, and has two children. 

Top photo: The Richmond Reads Planning Committee pictured with author Silas House. Back row, from left: Irene Hickey, Sue Briggs, Sue Chiddy, Judy Sikora and Leslie DeLooze. Seated: Samantha Stryker, Community & Adult Services lbrarian and Richmond Reads coordinator, and Author Silas House. (Not pictured: Frances McNulty) (Photo credit: Jim DeLooze)

Photo below: Author Silas House speaks to a packed room at Richmond Memorial Library for the inaugural Richmond Reads Program. (Photo credit: Jim DeLooze)

Below: Summer Reading and Review Contest winners attend a small one-on-one event at GO ART! with the author ahead of the main event.

Below: Author Silas House signs books following his talk for the 2019 Richmond Reads Program. (Photo credit: Jim DeLooze)

Batavia's four-man backfield unstoppable in 33-18 win over Bishop Kearney

By Howard B. Owens

The Blue Devils appear to have found their own four horsemen of destruction, capable of shredding defenses and leaving despair in their wake.

Cody Burns, Terez Smith, Alex Rood and Jesse Reinhart are establishing themselves, since Head Coach Brennan Briggs realigned the backfield before last week's game, as a dominant offensive force.

Last night Burns gained 118 yards on nine carries and scored a TD. Smith ran for 99 yards on 21 carries. Rood rushed 14 times for 95 yards and two TDs. While Reinhart was 7 for 16 passing for 113 yards and a TD.

Batavia beat Bishop Kearney 33-18.

Daemon Konieczny caught two passes for 58 yards. Bannon Moore had one 30-yard TD reception.

On defense, Isaiah Hill had nine tackles and Rood had eight. Max Rapone snagged two interceptions and returned one 90 yards on the last play of the game, getting caught from behind two yards from the goal line. Reinhart had five tackles and an interception.

In other Friday night football: 

  • Notre Dame beat Lyons 51-6. Jed Reese went into the game needing to gain 205 yards to top 1,000 rushing yards on the season. He gained 210. He ran 16 times and scored four touchdowns. All but 19 of the yards were gained in the first half. The game was played with a running clock in the second half. Gabe Macdonald was 3-5 passing for 41 yards and a TD. He rushed six times for 52 yards an two TDs, all in the first half. Jayson Reinhart had two catches for 25 yards and a TD. Mason Randall and Reinhart had three sacks each. Randall made five tackles. Max Hutchins had eight tackles and Collin McWilliams had seven tackles and a sack.
  • Le Roy beat Mynderse/South Seneca 58-13. Separate coverage coming.
  • In eight-man football, Oakfield-Alabama/Elba 14, Pembroke 0.
  • Alexander plays at Red Jacket this afternoon.

Photos by Steve Ognibene.

Top photo: Bannon Moore, who caught a key pass from a double QB move from Rood to Reinhart with seconds left before halftime to give the Devils the lead.

To view and purchase prints, click here.

Reinhart intercepts the ball during the first half.

Alex Rood scores from the ground.

Blue Devils defense stopping senior Nathan Carter from scoring.

Maximus Rapone incercepts the ball.

Cody Burns on the run for a touchdown.

Video: Antwan Odom found not guilty on all charges

By Howard B. Owens
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Law and Order: Three arrested on multiple charges after traffic stop at Ross and East Avenue

By Billie Owens

Gabrielle M. Chaplin, 28, of Porter Avenue, Batavia, and Trevon L. Armstrong, 34, of Denio Street, Batavia, and Darius L. Jones, 27, of Exchange Street, Attica, are charged with several crimes in connection with a traffic stop of a single vehicle at 12:22 p.m. on Oct. 2 at East Avenue and Ross Street in the City of Batavia. An investigation pursuant to a traffic stop for failing to signal a turn, allegedly revealed that marijuana, oxycodone and a loaded hangun were inside the vehicle. A 10-month-old child was allegedly in the back seat and not properly secured in a child-restraint seat; the child was also allegedly in proximity to the handgun. All subjects were arraigned in Batavia City Court and all were to appear again in court Thursday morning (Oct. 3). All are charged with: criminal possession of a weapon in the second degree, a felony; criminal possession of a controlled substance in the seventh degree, a misdemeanor; endangering the welfare of a child, a misdemeanor; and unlawful possession of marijuana, a violation. In addition, Jones is charged with exposure of a person, a violation. And Chaplin is also charged with failure to give notice, a traffic infraction, and improper/no child restraint, another traffic infraction. Armstrong and Jones were jailed without bail; Chaplin was jailed in lieu of $10,000 cash bail or $20,000 bond. The incident was investigated by Genesee County Sheriff's Investigator Christopher Parker, assisted by Deputy Christopher Erion and K-9 "Frankie," Sgt. Michael Lute, Sgt. James Diehl, Investigator Ronald Welker, Det. James DeFreze, and Batavia Police officers Felicia DeGroot, Jordan McGinnis, Stephen Cronmiller, Mitchell Cowen and Adam Tucker.

Jeffrey D. Hart, 40, of Sumner Road, Corfu, is charged with: aggravated unlicensed operation of a motor vehicle in the first degree; driving while intoxicated; DWI -- with a BAC of .08 percent or more; speeding; and refusal to take a breath test. On Oct. 3 following a traffic stop at 9:55 p.m. on Route 77 in the Village of Corfu, Hart was arrested. He was issued an appearance ticket and is due in Pembroke Town Court on Oct. 17. The case was handled by Genesee County Sheriff's Sgt. Jason Saile.

Now at the GC Animal Shelter: 'certified pre-owned adult cats'

By Billie Owens

Many people have heard about CARFAX, the one-stop-shop online for used cars. The Genesee County Animal Shelter's Volunteers For Animals offer their own version, called CATFAX, but it's an in-person opportunity for those interested in "certified pre-owned adult cats."

We're not making this up; they are. (Cleverness credit where cleverness credit is due.)

For only 60 bucks, with zero-percent financing -- cash or check only, you can bring home your very own feline companion.

Features and Specs:

  • All cats over 1 year old;
  • All makes and models;
  • Standard 4-paw drive;
  • 100,000 purr warranty;
  • Over curtain climbing phase.

Multi-point Inspection:

  • Spayed or neutered;
  • Vaccinated;
  • FIV/FeLV tested;
  • General grooming;
  • Flea, earmite, worm treatment.

To test drive your potential pet, or at least check under the hood, visit the Genesee County Animal Shelter at 3841 W. Main Street Road in the Town of Batavia during adoption hours.

Adoption Hours:

  • Mon‑Fri: 12 ‑ 6 p.m.
  • Saturday: 10 a.m. ‑ 4 p.m.

Contact the Volunteers For Animals at www.vol4animals.org

Or call the shelter at (585) 343-6410.

Serious inquiries only. Real pets for real people. Must be able to provide food, water, shelter and affection. Those not up to the task need not inquire. Providing catnip, luxury bedding, bejeweled collars, crystal supping dishes, a chaise longue (lounge), and other whimsies optional.

This message has been brought to you as a public service on behalf of fur friends county-wide.

BREAKING: Antwan Odom not guilty on all counts

By Howard B. Owens

A Genesee County jury of nine women and three men has found Antwan Odom, accused of assaulting former teammate and friend Ray Leach on Aug. 4, 2018, during an incident on Ross Street, not guilty on all counts.

The verdict was unanimous on assault in the first degree and the lesser included offenses of attempted assault in the first degree and assault in the second degree as well as criminal possession of a weapon in the fourth degree.

UPDATE 12:57 p.m.: We have video interviews outside of court with Antwan Odom, Frank Housh, Lawrence Friedman, and a couple of the jurors. I'm editing the video now and will post it at the top of the home page as soon as it's ready.

Correction and clarification on Antwan Odom coverage

By Howard B. Owens

In recent coverage of the Antwan Odom trial, The Batavian has reported that in May, Odom was offered a "no jail time" plea deal.

"No jail time" was not explicitly part of a plea offer, though that would have been an option for Judge Charles Zambito if he adjudicated Odom as a youthful offender.

We also misunderstood from our coverage at that time the fact that a finding of youthful offender status is still available to Zambito even if Odom is convicted by a jury. Upon a finding of youthful offender status, Zambito has the full range of sentencing options available.

We've reported that a conviction on the count of assault in the first degree has a mandatory minimum status of five years in prison. This is true; however, if Zambito grants Odom youthful offender status, he can determine no jail time is appropriate but if he decides some prison time is appropriate, he can sentence Odom as if the conviction were for a Class E felony. The maximum possible sentence for a Class E felony is one and a third to four years.

The Batavian regrets the error.

Batavia PD warns of increase of larcenies from cars

By Howard B. Owens

Press release:

The Batavia Police Department has received multiple reports of larcenies from vehicles over the past couple weeks. The items taken from the vehicles have been: Cash, change, GPS units and other electronic items. 

The larcenies have occurred at locations all throughout the City.

Residents are encouraged to lock unattended vehicles and to not leave items of value in vehicles overnight.

The larcenies are believed to have been committed by persons walking and/or riding their bicycles in the neighborhoods during the evening/overnight hours.

Police will continue to be observant for persons involved in this activity. Residents are encouraged to report any suspicious activity they observe to Police as soon as possible.

Ferrell Gas seeks public's help in collecting gift cards for local families in need

By Billie Owens

From Ferrell Gas:

All this month Ferrellgas in Batavia is collecting gift cards to donate to the nonprofit Willie Bee Foundation to help families with a child in crisis.

Throughout October, the business at 655 Ellicott St. is seeking the public's help to reach its goal of amassing 100 gift cards to help spread some love to families that need the community's support.

Do you have a gift card sitting on your desk or in some drawer that you've never used? Consider mailing it to Ferrell Gas to help ease a local family's burden during what for many of them may be the hardest time of their life.

Drop a gift card off at the office or mail one there.

For your kindness, you will receive a coupon for a FREE 20# tank exchange from Ferrell Gas.

As always, we thank you for your continued support. Let's show everyone how amazing our community is!

Mailing address: Ferrell Gas, 655 Ellicott St., Batavia NY 14020

Phone: 1-800-437-4856

To learn about the Willie Bee Foundation, click here.

Attorneys in Odom case wrangle over jury instructions before deliberations begin

By Howard B. Owens

A jury of nine women and three men are sitting in a private room at the Genesee County Courthouse right now and debating, not just the merits of a legal case against a 19-year-old man, but what kind of future he might have in society.

Of course, jurors are instructed not to consider any potential sentence a defendant might receive, but for Antwan Odom that is what the deliberations come down to because a conviction on assault in the first degree, a Class B violent felony, carries a mandatory minimum of five years in state prison.

The Batavia High School grad and former basketball star passed up a chance, on the advice of his attorney Frank Housh, for a plea deal that could have meant no jail time and adjudication as a youthful offender.

If Odom is convicted, Judge Charles Zambito will have no choice under the law than sending him to prison for anything less than five years.

Housh expressed in court in May, when the plea deal was offered, that he thought Zambito and District Attorney Lawrence Friedman were somehow colluding against his client. It's a theory Housh reiterated today in a conversation with Odom while a reporter was sitting nearby -- which Housh knew -- and that reporter could easily hear him tell Odom, "The judge isn't going to do it because he's going to do what the DA tells him to do."

Housh made the statement while discussing with Odom that he would ask Zambito to include in jury instructions on what constituted a serious physical injury. He also said he would object to the jury being instructed on the options for conviction on lesser-included offense. That's because Housh believes that if the evidence doesn't support the indicted charge, it doesn't support either potential lesser-included offenses.

In fact, Housh made that motion and also said the lesser-included offense should not be part of the jury form because Friedman, in his closing argument, told jurors they shouldn't even consider the lesser-included offense because Odom should be found guilty on the original count of the indictment.

Housh also argued that prior legal precedent meant that Zambito should instruct the jury that Leach didn't receive a serious injury because protracted pain that is only subjectively reported is not a serious injury.

Friedman's response to the assertion that he asked the jury not to consider a lesser-included offense was that he was on the record, and the record was clear, that he did call for the lesser-included offense to be part of the jury's charge. That was done before summations so that the attorneys would know what instructions the jury would receive so they could fashion their arguments accordingly.

"Just because I asked the jury not to consider the lesser-included offenses means nothing," Friedman said. "It's common practice and there is nothing inappropriate about it. Our summations are based on rulings made prior to the summations."

Zambito agreed that Friedman was on the record seeking to include the lesser offenses.

Housh also made a motion for a mistrial based on prosecutorial misconduct because, he said, Friedman knowingly introduced into evidence a fact that was not relevant to the alleged serious physical injuries of Ray Leach. Housh said Dr. Lori Ferris testified that hand numbness reported to her by Leach was not the result of the Aug. 4, 2018 incident that led to Odom's arrest.

"He had to have known (before she took the stand)," Housh said "For a prosecutor of Mr. Friedman's high level of skill and experience not to know which injury is related to my client's prosecution is not believable. He asked Ray Leach (on the witness stand) about his hand, knowing it was unrelated (to the incident) and asked the jury to consider it as evidence."

Friedman responded, "as for the claim of prosecutorial misconduct, it's absurd. As a representative of the office of the court, I did not know that the doctor would testify that the hand injury was potentially unrelated to these crimes."

Housh reiterated his contention that for a prosecutor of Friedman's skill, expertise and experience not to know isn't believable.

"While I always appreciate compliments coming my way from Mr. Housh, I'm telling you, I did not know," Friedman said.

Zambito denied Housh's application for mistrial.

The judge and two attorneys then continued going over jury instructions.

Once they were done, the jury was brought in and Zambito read to them several pages of jury instructions about the law, the charges and how to apply the law and the evidence to the charges.

When Zambito finished, Friedman asked to approach the bench. The jurors were asked to leave the room but admonished to not start talking about the case yet.

The attorneys and Zambito conferred for a few minutes and then the attorneys returned to their tables, at which point Housh complained that Friedman did not follow proper procedure by raising an objection in front of the jury.

Friedman's concern was that Zambito neglected to include instructions on how to consider an agreement to mutual combat in a justification defense.

After much back and forth discussion, the attorneys all agreed that the jury would be brought back, Friedman would make his objection on the record, and then Zambito would read again the entire section on the justification defense, this time including information on mutual combat.

The jury started deliberations at about 11:30 and have reportedly sent out at least one note asking for a copy of the charging document and the evidence.

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