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It's been a tough year for stenography in the Genesee County Court and today three cases came before Judge Charles Zambito dealing with stenography issues.

Two stemmed from a previously reported stenographer's mistake while transcribing grand jury proceedings -- that stenographer inappropriately taped the proceedings.

Another defendant appeared before Zambito today because an appeals court overturned his conviction on a burglary charge because a part of the transcription of his jury trial was not preserved for review.

In the People vs. Victor J. Grimes, Grimes was convicted at a jury trial in August 2016 and subsequently sentenced to seven years in prison.

He's served 44 months of that sentence. 

Last week, a state appeals court ordered a new trial -- even while finding evidence was sufficient for conviction -- because a stenographer's error on the final day of the trial meant relevant notes in the case were not preserved. Since the court then didn't have the final day's transcription, the court couldn't review the proceedings to ensure the trial court complied with specific procedures. 

In the trial, Grimes was represented by retained counsel. He's now represented by Lisa Kroemer of the Public Defender's Office. Kroemer asked for time to review the case and speak with District Attorney Lawrence Friedman before a new date for the trial is set. 

Judge Zambito ordered Grimes held on $25,000 bail or $50,000 bond pending his possible trial.

The other two stenographer-related cases heard today were People vs. Antwan Odom and People vs. Richard Hanes.

Odom is accused of knifing Ray Leach. Hanes is charged with murder in the beating death of Ray Morgan. 

Friedman asked the cases be placed on the docket because he wanted to get on record what the defense attorneys intend to do regarding the mistaken recording by the stenographer of grand jury proceedings in those cases.

The attorneys for Odom and Hanes took decidedly different approaches.

Odom is represented by Buffalo attorney Frank Housh. Housh with his own unique sartorial style at every court appearance, walked into court today in seersucker slacks and robin's-egg blue sports jacket. And when pressed about how he intended to proceed, raised his prior complaint that Friedman is conducting a dual prosecution, one against his client and one against him.

In May, Housh made statements to local media that Friedman considered a violation of professional standards and risked tainting the jury pool. Friedman asked for a gag order and Zambito issued a temporary gag order but lifted it last week, citing an objection on free press grounds by "the media" (in this case, The Batavian). 

Zambito did rule against Housh's motion to have Friedman removed from the case because of this alleged "dual prosecution."

Besides the request for a gag order, Housh said Friedman has also filed a grievance complaint with the state bar against Housh. 

Housh contends -- without presenting proof -- that everything Housh says or does in the case is forwarded by Friedman to the state bar.

For that reason, Housh said he has not made the trip to the District Attorney's Office to review the case file on the stenography issue because, he said, he would need to bring his attorney with him.

Housh has repeatedly threatened to withdraw from the case because of this "dual prosecution" but so far has not withdrawn.

Today he asked Zambito for a summary judgment dismissing the case against Odom because, he said, in a prior answering brief, Friedman stated the grand jury process was legally constituted when in fact Friedman, he said, new about the inappropriate recording of the proceedings.

After more discussion, Zambito agreed to meet with the attorneys in his chambers for an on-the-record but closed-door discussion about the issue.

Out of that meeting, it was agreed, as stated in court later, that Housh would file a motion and there would be a hearing Aug. 5 (instead of the trial starting on that day) on the defense motion.

In contrast to the approach of Housh, Fred Rarick, representing Hanes, was willing to stipulate in court that prior hearings on this topic -- including one in the Jennifer Serrano case -- established the facts of the incident and those same facts could be entered into the Hanes case and Zambito could issue a ruling based on the facts and evidence already presented.

On previous cases, including Serrano, Zambito ruled that stenography issue did not invalidate the grand jury proceedings.

Outside of court, Rarick said he saw no point in going through another hearing where the same facts and evidence would be presented that are already on the record knowing that Zambito is unlikely to rule any differently than he has previously.

By getting the prior hearings submitted as evidence in the Hanes case, without objection from Friedman, he has preserved any possible appeal over the issue for his client should Hanes be convicted at jury trial.

Jennifer K. Urvizu-  Hanlon

A local former businesswoman who admitted to giving a loaded firearm to a 17-year-old boy, who then shot and wounded a man who had just stabbed and killed another man on Central Avenue on May 17, 2018, told Judge Charles Zambito today that she's not a threat to the community. 

Jennifer K. Urvizu-Hanlon, 48, mentioned the letters Zambito had received supportering her, her involvement in her church, her steady employment and her lack of criminal record.

Zambito saw something else.

"I do think you are minimizing what happened," Zambito said. "You're minimizing your involvement. Samuel Blackshear would not be in prison and Nathanial Wilson would not have been shot had you not handed your loaded firearm to a 17-year-old boy. That young man is in prison now because of you. And after that happened, after a man was killed and another wounded, you went home.

"I do consider you a risk to the community but under the circumstances, I'm prepared to accept the plea offer and go along with the sentence. You're being treated entirely fairly here. I don't think it's right for you to even suggest otherwise."

Urvizu-Hanlon, the former owner of a small Mexican grocery store on West Main Street in Batavia, accepted a plea deal in May that capped her prison term to two years on an attempted criminal possession of a weapon conviction.

More than a dozen people in the gallery, friends, and family, were there, it appeared, to support Urvizu-Hanlon, which Zambito also acknowledged.

Zambito said he seriously considered rejecting the plea arrangement because she should perhaps get at least three and a half years in prison, which is the term Blackshear received.

"You got a significant break here," Zambito said. "Perhaps that is because of your minimal involvement in the incident and your clean record."

On Thursday evening in May, Nathaniel Wilson stabbed and killed Terry Toote at Central and Pringle. As the stabbing was taking place, Urvizu-Hanlon arrived in her car and Blackshear approached the car and she gave her handgun, which she was licensed to carry, to Blackshear, who immediately fired at Wilson, hitting him in the leg.

Blackshear's attorney argued at his sentencing that he was acting to protect himself and others from a killer. Zambito rejected that contention, accusing Blackshear of exercising "street justice" before denying him youthful offender status and sending him to prison.

That defense isn't available to Urvizu-Hanlon under the current statute for attempted criminal possession of a weapon but her attorney, Christian Kenndey, said the Legislature is considering a change, and that it could be said Urvizu-Hanlon was justified in giving Blackshear the gun so he could protect others from a killer.

Wilson was later sentenced to 25-years-to-life in prison for the murder of Toote.

As in the Blackshear case, Zambito said he was fully aware of the May 17 incident. He had seen all the video recordings, read the witness statements, and felt he had a complete picture of what happened that evening.

He said there was nothing spontaneous about events on Central Avenue as the incident went down. The confrontation, the expectation of violence, was all premeditated.

"You knew what was going to happen," Zambito said. "I don't think you thought Terry Toote was going to get murdered but you went there under the impression there was going to be confrontation and you were ready to take action."

Once the sentence was pronounced and the paperwork complete, a deputy stepped behind Urvizu-Hanlon -- dressed in a gray blouse covered by a black windbreaker, a long skirt, and flip-flops -- and asked her to place her hands behind her back. For a moment, the only sound in the courtroom was the metallic zip of the cuffs closing around her wrists. As she was led away, somebody at the back of the room yelled, "Love you, Jen."

    Michael J. Piasta

Before sending him to prison for 10 years, Judge Charles Zambito reminded Michael J. Piasta Jr., that in 2010 he promised Judge Robert Noonan that he was going to straighten out his life and that he would never appear in County Court again.

Piasta was out of prison barely two years before he robbed, at fake gunpoint, the Arby's, taking from $6,000 to $10,000 on March 25, 2018.

"I'm going to give you a very long time to think about what you did," Zambito said.

The 10-year sentence, followed by 10 years on parole, was on Piasta's jury-trial conviction for robbery in the second degree. On his convictions for grand larceny and criminal possession of a weapon, Zambito gave him three and a half to seven years on each count, to be served concurrently with the robbery sentence.

In 2010, Noonan heard from Piasta's attorney at the time, William Teford, about Piasta's hard life -- a father who died of an overdose, a mother with a drug problem, domestic abuse, a learning disability, and the lack of a meaningful childhood.

Piasta acknowledged his wrongdoing and told Noonan, "At this point, I just want to say I don’t feel that I’m hopeless," Piasta said. "Regardless of what happens today, I think I can make things better."

Piasta already had a lengthy criminal record when Noonan sent him to prison in 2010.

Today, attorney Brian Degnan also reminded Zambito of Piasta's troubled past. 

"Mr. Piasta, with his upbringing, with his adult life, he's certainly been dealt a very bad hand here," Degnan said.

He acknowledged a prison term was inevitable but asked Zambito to consider Piasta's circumstances and expressed hope that Piasta could get the help he needs while in prison.

Piasta's own statement was short, asking Zambito to take into consideration Degnan's arguments on his behalf.

While Piasta was convicted by a unanimous verdict of a jury, Piasta, Degnan noted, has continued to maintain his innocence.  

Zambito agreed to hold a hearing on the issue of restitution. Degnan contends that there was contradictory testimony at the trial, with a contention that $5,000 was stolen from Arby's, and a claim of $10,000 stolen. Arby's has filed a claim for $6,000.

Submitted photo and press release:

Regarding Crossroads House Garage Sale donations...

A very generous community has packed our storage containers to our limit.

As a result, we cannot accept additional donations for the upcoming sale later this month.

You folks have filled three tractor-trailers, two shipping containers, a barn and our garage!

We are so fortunate to serve in a community of givers. We look forward to seeing everyone at the sale.

For more information on dates and times, click here.

Pictured from left are members of the scholarship committee and the 2019 recipients: Karen Hall, Hannah Kujawski, Peg Patterson-Case, Melissa Vinyard, Chelsea Elliott, Todd Rapp, Amy Swanson, Kari Heidemann and Melinda Rodriguez.

Submitted photo and press release:

The Genesee County Interagency Council awarded two $1,000 scholarships at their annual picnic last month at the DeWitt Recreation Area.

This year’s recipients are Melinda Rogriguez and Melissa Vinyard.

Special Thanks to the Red Osier Landmark Restaurant in Stafford for catering such a wonderful meal for our council, scholarship recipients and their guests.

After encountering community resistance for a planned recreation center for people in drug and alcohol recovery on South Swan Street in Batavia, GCASA has turned its attention to a former restaurant location on Clinton Street Road in the Town of Batavia.

And the Town officials have been more than encouraging and supportive, said John Bennett, executive director of GCASA, following a County Planning Board meeting Thursday evening where the board recommended approval of a special use permit for 5258 Clinton Street Road -- site of the former Bohn's Restaurant.

GCASA is in the process of acquiring the property.

Bennett said the community center will have a community garden, a basketball court, TVs for viewing sports, a pool table, space for other recreational activities. And, of course, since there's no place for a tavern in a building dedicated to recovery, the former bar area is likely to become a coffee and sandwich shop.

"We went into Rochester and went to this place called out Coffee Connections and it's a roasting business, a coffee-roasting business, run by recovering women," Bennett said. They run two coffeehouses and they serve lunches and breakfasts and we were kind of scoping that out, seeing how they did that. We're seeing if we can partner with somebody who might want to run a small little coffee shop."

People in recovery want to lead normal lives -- watch big sporting events together, play pool, eat some wings and pizza, socialize, but in an environment without drugs or alcohol, Bennett said.

"This is the new norm in urban areas," Bennett said. "It's what they call sober bars. And that's exactly what they are. They actually have mixology stuff but it's all alcohol-free and it's very much like going to any other bar that you would go to where they're having either karaoke or live music or dancing or whatever it is. I think just people in recovery are looking to be normal without having to worry about drugs and alcohol."

The most notable downside of opening up a social center for people in recovery on the outskirts of the City is that it won't be in walking distance for most people, like the originally proposed South Swan location. The upside is the square footage of the Clinton Street Road property is twice as much as the South Swan location. 

The asking price for the property, being sold by Mike Bohn after buying back the property in a foreclosure auction, is $250,000. Bennett said he can't disclose the actual sale price since the deal hasn't closed yet and the price is still being negotiated.

A presale building inspection was completed two days ago.

Much of the floor plan of the former restaurant will remain the same, Bennett said, but the interior, which probably hasn't been updated since the 1970s or early '80s, will be modernized.

There is also some equipment, furnishing, games and TVs to buy.

Bennett said GCASA has a modest $75,000 budget for the upgrades.

The property will be open to the community -- if there is a coffee shop, that will be open to everybody. If a community member isn't in recovery but wants to host an event -- say a birthday party -- for a friend or relative who is in recovery -- or isn't but perhaps should be -- the facility will be available for those reservations as well.

And there will be events for people in recovery, whether it be an open mic night or for big sporting events.

"Let's just say we're going to do a March Madness night or a week of March Madness basketball and we're gonna show games -- it's just a sober place to come down and watch basketball," Bennett said. "We'll have a little sports area and you can watch the Super Bowl or watch the World Series, things like that."

Bennett is a little exasperated by the community outcry over the proposed South Swan location but he said he understands it.

"It's really too bad that the South Side saw this as something that would threaten the community instead of benefit it because if you check out ROCovery in Rochester," Bennett said, " ... there's a whole thing around fitness and recovery. I went up and I met with them and they were amazing people and the community now has just enveloped them.

"Their community gardens are open to everybody in the community. Everybody gets to come down and pick some tomatoes or some peppers or lettuce or whatever they need. And everybody is also allowed to use the recovery center.

"So so I think that's where we want to head to. We want to say, 'hey this is open to you, too. You just have to be willing to be drug-free while you're here.'

"I think they were shortsighted but I understand that people have fears and the work we do is stigmatized."

Friday, July 12th – PREVIEW NIGHT • Free Parking

• 4 p.m. – Midway OPEN
• 7 p.m. – Karaoke Qualifier

Daily at the Genesee County Fair:

• Mechanical Bull Riding – try your hand at bull riding on the mechanical bull
• Balloon Display and Demonstrations
• Pig Racing
• Entertainer – Wade Henry

Events & times subject to change. Follow us on Facebook to keep up-to-date with changes.

Press release:

The Batavia Police Department is investigating damage to the City Center, which occurred between 06/29/2019 and 07/01/2019. The suspects did not gain entry to the building but did damage the skylights in the mall concourse, after getting onto the roof.

The attached photos are individuals who may have information in regards to the investigation.

Anyone with information in reference to the case or who can identify the persons in the photos may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Pledges from Volunteers for Animals and animal lovers in the community have led to at least a $2,000 reward being offered for the arrest and conviction of the person responsible for tossing an eight-week-old kitten from the window of a red car on Route 98 near West Saile Drive on Saturday night.

The kitten had to be euthanized because of its extensive injuries. 

The Sheriff's Office announced the award this evening.

Anyone with information about the incident is asked to call the Sheriff's Office at (585) 343-5000.

A possible apartment fire is reported at 518 East Main St., Batavia.

The call is for an unknown type fire on the third floor. '

City Fire is responding.

UPDATE 8:32 p.m.: Cooking fire.

 

Salvatore M. Tornabene, 26, of Ross Street, Batavia, (inset photo right) is charged with third-degree assault. He was arrested following a domestic incident on Ross Street at 11:30 p.m. on July 1. He was arraigned in Batavia City Court and jailed without bail. Tornabene was due back in city court July 8. 

Salvatore M. Tornabene, 26, of Ross Street, Batavia, is charged with criminal possession of a weapon in the third degree, and second-degree menacing. At 11:05 p.m. on July 6, Batavia police responded to Ross Street for a report of subjects fighting, possibly with weapons. He was arrested after he allegedly threatened a woman with an imitation pistol. He was arraigned in Batavia City Court and jailed without bail. Tornabene was due back in city court July 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Kyle Allan Hawley, 29, of South Lake Avenue, Bergen, is charged with: two counts of criminal possession of a controlled substance in the seventh degree; possession of a hypodermic instrument; and criminal use of drug paraphernalia in the second degree. At 8:10 a.m. on July 10, the GC Emergency Dispatch Center received a report of a larceny that just occurred at a business on West Main Street in the City of Batavia. The suspect vehicle was located entering the Thruway at the Exit 48 interchange. Hawley was identified as a passenger in the vehicle. Following a search of the vehicle, and after allegedly observing stolen property in plain view, Hawley was found to allegedly possession two different kinds of controlled substances and drug paraphernalia. He was arrested, arraigned in Batavia Town Court and processed, then released on appearance tickets. He is due back in town court on July 25. The investigation was assisted by members of the NYS Troopers and City of Batavia Police Department. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Mitchell Edward Bryan, 27, East Bethany -- Le Roy Road, Stafford, is charged with: aggravated driving while intoxicated; DWI; driving left of pavement markings; moving from unsafely; and failure to keep right. At 12:12 a.m. on July 11, the Genesee County Sheriff's Office investigated a one-car accident on Bernd Road in the Town of Le Roy. The driver and sole occupant, Bryan, was arrested on the charges listed. He was driving northbound on Bernd Road when he cross over into the southbound lane and continued off the west shoulder, striking a tree. Further investigation allegedly revealed he had a BAC of .18 percent or higher. He was released on an appearance ticket and is due in the Town of Le Roy Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy David Moore.

David M. Raines, 37, of Bank Street, Batavia, is charged with second-degree harassment. He was arrested at 7 p.m. on July 5 after an incident on Bank Street. He was issued an appearance ticket and is due in Batavia City Court on July 16 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Post.

OPEN HOUSE THIS SUNDAY 1 - 3 p.m. -- July 14th. 5 Allanview Drive, Batavia. Go first class with this immaculate 2069-square-foot, 4 bedroom, 2 1/2 bath colonial.

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Forced air gas heat, central air, smart thermostat, full unfinished basement, two-car attached garage, smart garage door opener, open porch, patio with awning, beautiful, mature landscaped 110' x 107' lot in one of Batavia's finest subdivisions. Click here for more information.

Batavia PD may yet once again have a working police dog and on Monday, Police Chief Shawn Heubusch updated the City Council on efforts to reinstitute the program.

The effort includes receiving donations and seeking funds from Homeland Security.

It's been 20 years since Batavia PD had a working K-9 officer.

If approved, a resolution presented to the Council on Monday would create a K-9 fund in order for the Batavia Police Department to accept donations and funds from the federal government for a canine purchase, training and associated costs. 

The K-9 program’s approximately $23,000 price tag was broken down by Heubusch. He explained to Council members that it will cost $10,000 to purchase the dog and $5,000 to train the canine and its police officer over the course of several weeks. 

“During the regular workday, we’ll give the officer the allotted time for their training,” Heubusch said. “On off-days, we’ll have to compensate the officer for that. We do have some sample MOAs with some different unions to cover that.”

Additional expenses include $5,500 to purchase a vehicle designed to carry the canine, $2,500 for food and veterinarian bills, and $500 for incidentals and supplies.

Heubusch said the K-9 program will be like a specialized tool with a warranty. Beyond regular duties, the officer who receives specialty K-9 training would be called to respond when a police dog is needed for investigations.

“The officer is not dedicated to K-9 duty 100-percent of the time,” Heubusch said. “They would be on the road just like any other officer would be assigned to a patrol zone. We don’t have the luxury of just being able to dedicate an officer to that duty.”

Council President Eugene Jankowski said that, on occasion, the canine may be called for investigations that are not in the City of Batavia. Although it most likely would not happen often, the canine and its owner would be prepared to respond at non-city locations.

BPD is working on an agreement with the Homeland Security Investigation Federal Asset Forfeiture Program to defray some of the canine and training costs. Federal funding is not currently available due to high demand for border patrol canines.

Based on the positive feedback Heubusch received from Council members, this proposed resolution may receive approval at the August business meeting, which would allow BPD to be prepared for the K-9 program when federal funding is ready.

Previously: Batavia seeks Federal funds to bring back a K-9 patrol to the city

Nearly two months after a grand opening, Fresenius Kidney Care, on Veterans Memorial Drive next to The Home Depot, is still waiting on final certification from the state to become fully operational. 

Until then, the clinic cannot accept additional patients, said spokeswoman Madelaine Ronquillo.

Until the CMS certification is received, the clinic is open three days a week for approved patients. Ronquillo indicated this is the normal process for opening a new clinic.

The clinic's manager and staff are at the facility during normal business hours Monday through Friday, she said.

As for a real estate listing, found by an alert reader of The Batavian, Ronquillo said Fresenius has a 12-year lease on the site and the sale is a matter of the original developer selling the investment property.

The property is being offered for $2.74 million. The 3.8-acre parcel includes two other recent developments, including an urgent care business and a vacant storefront. The listed property owner is Morgan, 4181 Veterans Drive LLC, out of Pittsford.

Photo: File photo.

Students, families and staff are celebrating the career of retiring principal Anne Werk and greeting incoming principal Jason Clark at St. Paul Lutheran Church and School, 31 Washington Ave., Batavia.

Werk is retiring after more than two decades as a teacher and principal at St. Paul’s. As of July 1, Clark, who is a lifelong member of St. Paul’s church, received unanimous approval from the school board and church congregation to succeed Werk. 

Clark said his ratification brought him excitement and relief, but also sadness at the departure of Werk and her husband, Allen, who is the pastor at St. Paul’s. Clark will continue to serve as a second- and third-grade teacher in addition to his new responsibilities as principal of grades K–5.

His initial goal is “hopefully just maintaining some stability in this time of change,” Clark said. “Being that I’ve been here for 17 years, it’s not a brand new face leading the school.”

Clark has several initiatives for the school as he steps into his new position. They include increasing funding and sponsorship, incorporating more technology into classroom learning and boosting enrollment.  

“The last couple of years, our numbers have been down a little bit,” Clark said. “So, I’m just looking forward to hopefully building that back up and seeing what we can do for the future of the school.”

The Werks will be moving to Indiana to be closer to relatives. Anne Werk said she will stay updated with school and church events on social media and serve as a resource for Clark when he needs support.

Clark said he will follow Werk’s advice of relying on his faith and school staff as he enters the principal role. He described Werk as a great mentor, both personally and professionally. 

Werk’s career was honored at a retirement celebration June 19. Alumni students spoke about the impact Werk has had on them. Werk, however, feels her most meaningful experiences at St. Paul’s are teaching and overseeing students as they mature.

“I love being a part of the children’s lives and their families’ lives … and seeing growth over the years,” Werk said.

“When you get to retirement age, you start talking about your legacy and about what you’re leaving behind,” Werk said. “I hope that I’ve made a difference in the lives of the kids and their families.”

Anne Werk (left) and Jason Clark (right) in the St. Paul's school library.

Photo by Lauren Leone.

St. Paul Lutheran School is offering one full-tuition award and one partial-tuition award to two new elementary students during the 2019–20 school year.

The grant money to fund these scholarships was provided by Lutheran Church Extension Society of Buffalo. 

For a student to be eligible for either the full or $400 partial-tuition award, this must be their first time enrolling at St. Paul’s school and their 2019–20 registration must be accepted by school administration by July 31.

The two students whose names are pulled at a drawing Aug. 6 will be contacted by the school board about their tuition awards.

St. Paul’s “will look into ways to get our name out there even more than it already is,” said Jason Clark, the newly hired St. Paul’s School principal.

”We’ve already started that with this grant that we’ve received and are advertising out,” Clark said. “Having a new student be able to come tuition-free for the first year is a great start.”

Registration forms are available at the school’s location at 31 Washington Ave., Batavia, and online here.