batavia

A jury charged with deciding guilt or innocence in a case of alleged sexual abuse, spent this afternoon deliberating but has yet to reach a verdict.

The jury reconvenes at 9:30 a.m.

After a day and a half of testimony in the trial of Ronald Smith, the jury heard closing arguments late this morning from Public Defender Gary Horton and Assistant District Attorney Melissa Cianfrini.

Smith, a Level 3 sex offender who was out of prison just a few months before he allegedly sexually abused a 7-year-old girl, is charged with three counts of sexual abuse,1st. If convicted, he could be sentenced to as much as three consecutive seven-year sentences.

In order to convict Smith, Horton told the jury, each juror must find beyond a reasonable doubt that Smith intended to achieve sexual gratification when he allegedly touched the little girl's private parts.

Horton argued that there is no evidence that Smith intentionally touched the girl in a sexual manner.

According to Horton, a videotape of a police interrogation of Smith fails to demonstrate that Smith intentionally touched the girl in a sexual way.

"They ask the same question over and over again because they're not satisfied with the answer," Horton told the jury. "They even suggest answers. 'We know you touched this girl in this way,' they said. But what you have is Ronald Smith protesting vehemently that he ever touched that little girl, not in that way, not in a sexual way."

(For fuller coverage of the videotape evidence, read Geoff Redick's story on WBTA's website.)

Horton also told the jury that the young alleged victim changed her story on the witness stand, first saying that Smith had touched her bare skin when questioned by Cianfrini, denying it when questioned by Horton, and then saying again that Smith touched her in her private area and touched bare skin.

Smith is accused of using his finger to touch the girl's intimate area on three different occasions -- once on a visit to her mother's house when he was in the mother's bedroom with her and his 1-year-old child, once in the living room while they watched TV and once in her bedroom.

At one point in testimony, however, according to Horton, the girl even denied Smith ever came over to her house.

Horton was careful not to accuse the alleged victim of lying.

"I point all of this out, not to say this little 7-year-old is involved in some grand conspiracy to bring false accusations against my client," Horton said. "I am saying that, because of her age and level of understanding, she was asked many leading questions. And when she testified she agreed with Ms. Cianfrini, and when I asked the questions she agreed with me."

Horton said the girl showed the same propensity to agree with an adult authority figure when questioned at the Child Advocacy Center by a doctor.

There may be evidence that the girl was molested by another man when visiting his house in another county.

"I am saying it is quite possible that this little girl was molested by somebody else," Horton said.

Cianfrini, in her closing argument, said all of the evidence pointed toward Smith -- that he knowingly, purposefully and for sexual gratification touched the girl's vagina.

"Three times is not an accident," Cianfrini said.

A good portion of Cianfrini's argument involved pointing out Smith's inconsistent statements.

At one time, in a written statement, he denied ever going over to the girl's mother's house to visit his own child when there wasn't another adult present.

But in the video, he clearly admits being alone with the girl at times, but denies touching her in a sexual way.

"Maybe I touched her on accident, but it was when I was playing with her, when we were wrestling," Smith said. "If I did touch her – I never have – but if I did, it was on accident."

Later in the tape, Smith talks with investigators about wrestling with his sexual demons, saying he had conquered those demons, which is why he said he told the girl not to cling to him all the time.

Cianfrini said the girl's testimony was consistent and contained the kind of detail that makes her believable.

"Her recall was accurate," Cianfrini said. "She was able to testify accurately and in detail as to the place of the incidents, what rooms she was in. She was able to describe what she was doing, what Ron was doing and what her baby sister was doing. She was able to tell you what clothes she was wearing. She could tell you where the baby was located."

It was clear, Cianfrini said, that Horton's questions often confused her and once she understood the questions, she gave consistent answers.

I happened down Sumner Street in the city this afternoon -- when the sun was still out -- and spotted a row of sunflowers in a resident's yard. My natural reaction, "let's take some pictures." Here's two of them.

Press release:

The Batavia Police Department is investigating two reported incidents of residential burglary. One incident occurred at a home in the 200 block of State Street. The other incident occurred at a Norris Avenue residence.

Both incidents occurred during the late evening hours, of Monday, September 19th or during the early morning hours of Tuesday, September 20th. During both incidents, the homes were occupied and doors had been left unlocked.

Cash was taken from a purse during the State Street incident. A laptop computer was taken during the Norris Avenue incident.

Anyone with information or anyone having observed suspicious activity is encouraged to contact the Batavia Police Department at 585-345-6350 or the Batavia Police Department’s Confidential Tip Line at 585-345-6370. Information can also be submitted via the Suspicious Activity Report link at the website of the Batavia Police Department.

Residents are reminded to secure the doors to their homes, especially during the overnight hours.

Jody B. Gillett is indicted on two felony counts of menacing a police officer, one count of criminal possession of a weapon, 3rd, and two counts of menacing, 2nd. Gillett is accused threatening, with a knife, two members of the Genesee County Sheriff's Office during an incident July 24 at 8 Pine Hollow Road. He is also accused threatening, with a knife, two other people in the same incident.

Grant A. Sundown Jr., is indicted on a count of DWI and aggravated DWI, driving with a BAC of .18 or greater and three counts of aggravated unlicensed operation. Sundown is accused of driving drunk on Lewiston Road, Oakfield, on April 7.

Paul Wapniewski is indicted on a count of burlgary, 3rd, criminal mischief, 2nd, and petit larceny. Wapniewski is accused of breaking into Delavan's Restaurant, 107 Evans St., Batavia, on May 6.

Jose A. Torres is indicted on two counts of criminal possession of a controlled substance, 3rd. Torres is accused of possessing cocaine on March 28 with the intent to sell it.

Charles L. Muntz is indicated on a felony count of DWI. Muntz is accused of driving drunk on Griffin Road, Alabama, on April 16.

A Batavia nurse is among a group of professionals disciplined for alleged misconduct by Board of Regents of the NYS Department of Education, reports Buffalo First.

Buffalo First reports:

Tracy Ann Niemi, a licensed practical nurse in Batavia, agreed to an indefinite actual suspension for no less than three months and until she is found fit to practice, after which she will be on probation for two years and pay a $500 fine.

No details were released on where Niemi worked or what she reportedly did to violate standards.

Residents of Stringham Drive and Violet Lane made it pretty clear at a Town of Batavia Planning Board meeting Tuesday night -- they don't want an out-of-town developer creating another State or Thorpe street in their neighborhood.

Several residents spoke about their concerns over the proposed Garden Estate development, whose developer is reportedly receiving a $6 million grant to build 19 subsidized homes, even though there's no evidence of a shortage of low-income housing in Genesee County.

The purpose of the meeting was to uncover areas of concern residents might have related to the environmental impact of the project and create what's called a "scoping document." That is a detailed outline of issues that will be contained in the environmental review statement.

While some residents worried about traffic impacts, most comments were pointed at the developer, Rochester-based Nathaniel Development Corp., and whether the project is really needed in Batavia.

Only one representative of Nathaniel was at the meeting, attorney James Bonsignore, and the unwillingness of corporate executives to attend serves as proof, residents said, that Nathaniel is trying to pull a fast one on Batavia. Planning board members say it's very unusual for the main developer not to go to at least one meeting during the review process.

"My other concern," said one resident after questioning the integrity of the developer, "is the type of people who are going to move in and how it impacts the rest of the community."

That was one of the statements that seemed to upset Bonsignore, who stormed out of the meeting when it was over, and initially refused to answer a reporter's questions or even share a copy of his business card.

Pressed for a response to some of the points raised by residents, Bonsignore spun around and said, "Here, you want a statement, one of the persons tonight said that his main concern is the type of people that are going to live there. He made an admission on the record that they're asking the board to discriminate. The law is absolutely clear that uses as determined by the planning board are to be determined by the use of the land not the persons who own it or occupy it."

Bonsignore also became testy during the meeting, when asked near the end to provide information on a reported $6 million grant for Garden Estates. He refused.

"I don't want to disclose it," Bonsignore said. "That information will come out, but when I'm sitting here under personal attack, when I'm just here to represent a developer on a project and I'm attacked for just doing my job, I'm not going to participate in this discussion."

While several residents called Nathaniel Development Corp. untrustworthy, and  seemed dismayed over the developer's lack of transparency, none of their remarks were directed at Bonsignore.

Though some people did indicate that, previously, Bonsignore more or less tried to run the meeting and tell the planning board how to do its job.

"They (Nathaniel Development) are dishonest and deceitful and they don't show up at our meetings," said Jean Butzer, summing up the sentiments expressed by several residents. "I'm not saying I don't want this development in my neighborhood. I'm saying I don't want them in my town or in my county."

Several people applauded Butzer's remarks.

At the start of the meeting, Bonsignore made a statement at the request of Kathy Jasinski, chairwoman of the board, and said that worries over how the project is funded and who might move into the 19 homes are beyond the scope of an environmental review.

"This is a single-family subdivision," Bonsignore said. "Whether it is financed publicly or privately is not an environmental issue and should be of no concern to the board."

Because a previous scoping document was completed, Bonsignore said, the only two areas of further review -- noted as an area of concern in the previous process -- are traffic and the extension of Violet Lane. Any other subjects, he said, were out of bounds.

Attorney Kevin Earl, representing the planning board, disagreed with Bonsignore.

"(In reviewing the law) I didn't see anything in scoping that limited it just to areas that are checked as significant concerns," Earl said. "It's up to the board to say what they want in the scoping document. I can't see a court overturning a review because the board wanted to review too much."

After Bonsignore pressed the point again that the board can only review the two issues, Town Engineer Steve Mountain spoke up.

"If that were indeed true, then there wouldn’t be any need to have a public scoping process," Mountain said. "If it’s already set in stone, then why do the regulations require a public process?"

Jasinski made it clear the board is going to expect a fully completed scoping document with all of its concerns addressed.

"It's been the practice of this planning board to take a good hard look at SEQRA issues," Jasinski said. "We intend to have all of our questions answered and we want to get public input. We intend to put the two scoping documents together and come up with our final scoping document."

Top photo, attorney James Bonsignore. Bottom photo, resident Ron Penepent, speaking.

Penepent questioned taxpayer money being used to fund the project and what will be done with the money. Another resident noted that 19 homes priced at $150,000 each doesn't equal $6 million in cost.

Other residents said they have contacted their state and federal representatives about the use of taxpayer money on a project that is seemingly not needed, but haven't gotten much of a response.

One lady said she's written to both Assemblyman Steve Hawley and State Sen. Mike Ranzenhofer and received back form letters referring her to the town planning board as the proper place to raise her concerns.

Week 2's winner: Tom Guentner, who was among six entrants who correctly picked
Jermaine Gresham, Cincinnati, as the tight end with the most reception yards.

The menu of great local restaurant choices in Batavia grew a bit today with the opening of Salsa and Curry on Jackson Street (former location of Margarita's Mexican Restaurant).

Owners Deena Rathod (right) and daughters Anvpa Hirani (left) and Priya Rathod have opened with just a Mexican food menu for now, but starting Friday will offer daily Indian food specials.

If the Indian food goes over well -- and several of the first customers in the restaurant today asked for Indian food -- then the menu will be expanded.

"If there is demand for it, we'll bring in more Indian food," Deena said. "We'll add it to the menu, but for now we're trying it on a limited basis."

With no previous Indian food restaurant in Batavia to judge the curry-and-spice offerings of the cuisine, the Rathods want to see how much demand there is for Indian menu items.

The Rathods have made a significant investment in remodeling the interior of the former Margarita's, reconfiguring the space, putting in new flooring, booths, tables and chairs.

"I've always wanted to open a restaurant," Deena said. "I have a passion for food and I like to make different dishes. In the past, when I've made different dishes for family and friends, they all enjoyed it."

Deena said many customers who have come into Mr. Wine and Liquor -- which her family also owns -- since Margarita's closed have urged her and her family to open a restaurant, especially an Indian restaurant (the building on Jackson is owned by Deena and her husband, Kevin).

The opportunity seemed ripe to go ahead and give it a try, Deena said.

Geoff Redick of WBTA is the source of this post.

Accused child molester Ronald Smith heard his alleged 7-year-old victim testify against him in Genesee County Court this morning. In a surpising move, Assistant District Attorney Melissa Cianfrini called this primary witness first.

The child, who lives in the City of Batavia, told the jury that "Ronny" is the father of her 1-year-old sister and that the alleged molestation began last fall after he started coming over to the house to visit the baby.

According to the girl, Smith touched her "private parts" on three different occasions when she was left alone with him while her mother visited a neighbor across the street. Each time, she said she told him "to stop it." He told her not to tell anyone or else she'd be grounded.

Before she took the stand, Judge Robert Noonan asked if she knew the difference between a lie and the truth. She said she did and when prompted to explain the difference, she said "If you don't tell the truth, you go to jail."

Smith faces up to seven twenty-one years in prison if convicted at trial on all three sexual abuse counts he faces. The prosecution characterized him as someone who took advantage when the opportunity presented itself and did so purposely for his own sexual gratification.

Cianfrini told the jurors that they would hear Smith's previously recorded testimony, saying that he and the victim were alone at times between October 2010 and January and that he touched her inappropriately.

But Assistant Public Defender William Harper maintained that the defendant is presumed innocent until proven guilty and that nothing has been proven in this case.

“If the people cannot dispel reasonable doubt, then they have failed in their burden, and you must find him not guilty," Harper said.

The alledged victim seemed confused when Public Defender Gary Horton asked on cross-examination if she was touched on her clothes or on her bare skin. She said that neither she nor Smith took her clothes off. Cianfrini brought up the point later, and the child revealed that Smith had “reached” inside her clothes.

"Are you nervous to be here today?” Cianfrini asked.

“Yes,” the girl replied.

"Is it difficult for you to answer these questions in front of the court?” Cianfrini asked.

Once again, she replied quietly, “Yes.”

The neighbor across the street was the only other witness called this morning. Her testimony confirmed that the girl’s mother had come over several times between October 2010 and January, leaving the 7-year-old alone at home with Smith.

In court today, Smith wore a white button-down and dress slacks. He paid close attention to the proceedings and took notes.

Proceedings are expected to wrap up late this afternoon, with summations and jury deliberation tomorrow.

CLARIFICATION:

Smith faces up to 7 years imprisonment on each charge of Sexual Abuse 1st. He faces three of those charges. Thus, he faces a maximum of 21 years in prison IF found guilty on all three counts.

My original information was remiss in not making that clear.

--Geoff Redick, WBTA News

A pedestrian has been struck by a car and is unconscious in front of 10 Seneca Ave. City police, fire and Mercy medics are responding.

UPDATE 5:54 p.m.: One person is being transported to UMMC for injuries. City fire personnel returning, in service.

Billy Joe Edward Murphy, 29, of Route 20, Pavilion, is charged with criminal possession of a weapon, 4th. At 9:21 p.m. Saturday, Sheriff's deputies responded to a report of a domestic disturbance. During the investigation, a long gun was located inside the residence. Allegedly, because of Murphy's criminal history, he is not legally permitted to possess firearms. Murphy was issued an appearance ticket on the weapon's charge and then booked into Genesee County Jail without bail on a warrant for an unrelated matter.

Tiffany Leigh Brown, 24, of South Main Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Brown is accused of throwing a Thermos at another person. The Thermos reportedly ricocheted off the other person then struck and broke a glass bottle sitting on a shelf.

Batavia PD issued 29 citations during a special traffic enforcement detail Thursday.

The checkpoint was set up on Oak Street near the Thruway entrance.

Among the citations issued were four to drivers of commercial vehicles.

The enforcement effort was funded by a "Selective Traffic Enforcement Program" grant issued through the governor's Traffic Safety Committee.

Earlier this summer, a traffic safety check at the same location yielded 35 citations.

This information was provided by firefighter/paramedic Chuck Hammon, who is coordinator of the Child Passenger Safety Program for the City of Batavia Fire Department.

Today is the beginning of National Child Passenger Safety Week. This education and awareness program is designed to protect local youth by increasing the safety of children riding around in our community.

The City of Batavia Fire Department began participating in the program this summer after being approached by the city police department, which has been involved with Child Passenger Safety for a few years.

Fire Chief Jim Maxwell thought it was a great idea and is familiar with the program since it is provided to residents by many fire departments in Monroe County, where he used to work.

Locally, the Genesee County Sheriff’s Department and State Troopers also have programs but do not have the availability to provide daily inspection/instruction.

Three Firefighters (Mark Sacheli, Frank D’Angelo and Chuck Hammon) attended a National Child Passenger Safety Technician course offered in Geneseo. Upon completion of this course we restructured the program around the availability of firefighters/technicians and the two certified police officers: Dan Coffey and Thad Mart.

Detective Rich Schauf currently oversees the grant portion of the program and I have taken the position of program coordinator for the operational oversight. We hope to send four to eight more firefighters to the training course next spring to increase the size of the program.

So far this year, we have held two events. The first was a “soft” opening at National Night Out at Birchwood Village and the second event was a part of "Summer in the City."

From 10 a.m. to 2 p.m. on October 1st, we will be holding our third car seat inspection event at the firehouse during the annual Open House.

The majority of our inspections/educational sessions are done by appointment at the firehouse. Since the fire department took the lead on the program, we have completed 31 inspections. We have issued/replaced 10 car seats, free of charge, to those parents.

Not every inspection results in a new car seat. This program is designed around educating parents and if the car seat supplied is recalled or defective, it is then replaced. We have a supply of car seats available at the firehouse but they are issued depending on supply and demand.

This program is funded by the New York State Governor’s Traffic Safety Committee. An annual grant is awarded to each agency participating in this program, which includes supplies and car seats. The overall cost of the program is free as the inspections/educational sessions are done by the on-duty technicians.

The city fire department is located at 18 Evans St. Program coordinator Hammon's office phone number is 345-6375.

This information was submitted by Becky LeFevre.

A new music school is in full swing in Batavia, located at the Homestead Event Center (formerly the site of Roxy's Music) in the Genesee Country Mall. The Genesee Community School of Music is the result of collaboration between Winnicki Music Studio, Rose Caccamise of Roxy's Music, and local parents.

The school began its first session of classes at the end of August, offering general music for elementary students, chorus, and small group instrument lessons. The first six-week session culminates with a performance at the Batavia Nursing Home on Sept. 27.

The Genesee Community School of Music began primarily as a resource for homeschooled students and grew out of a need for quality and affordable music education. Budget cuts that effect public education have filtered down to the homeschooling community. Music opportunities -- such as instrument lessons -- that used to be available through public schools to students being educated at home have been largely eliminated.

Classes at the GCSM are lively and upbeat. Younger students learn about melody, pitch and rhythm through creative songs and games. Older students develop advanced skills through instrument lessons or in chorus, where they sing in parts and learn vocal technique and conducting.

The Genesee Community School of Music puts a huge emphasis on community.

"Every six weeks, the kids will perform in the community -- at the nursing home, the VA, etcetera, says Jodi Coburn, who has three students attending the music school. "We want them to not only learn about music and experience performing in front of a crowd, but to learn about the way music brings people together and to use music as a vehicle to interact with individuals that we wouldn't meet under everyday circumstances."

Just a month after it opened its doors, the GCSM is experiencing success.

"When you start up something like this, the concern is always (whether) you're going to be able to afford to keep the program running," said Becky LeFevre, whose kindergartener participates in the general music class. "We started this school through word of mouth, and just hoped and prayed that we'd end up with enough students to keep it running and to pay the instructors.

"So far, we've been blessed. This program is phenomenal, and I think people are realizing that and word is beginning to spread.

Word is spreading, not just about the GSCM, but about homeschooling in general. In recent years, the number of families who have chosen to educate their children at home is increasing. Yet the GSCM's long-term goal isn't just to serve the homeschooling community. As budget cuts continue to force music and the arts out of public schools, the GCSM hopes to fill the void.

In the future, they hope to begin a strings program, something many local schools are unable to offer. They also plan to schedule additional classes at times that will be convenient for students who attend traditional schools.

Teacher Diana Winnicki adds "Cooperative music education like this, that is valued in the community, ensures the continuation of the arts regardless of the economic condition of our state.

The second session of classes begins on Oct. 4, followed by a special five-week Christmas session with an emphasis on holiday music from around the world and the formation of a children's bell choir.

For questions about the GSCM, or if you are interested in teaching a course or registering for classes, contact Jodi at 813-4658 or GeneseeCSM-owner@yahoogroups.com.

Batavia Police are on scene at a reported fight involving five adults and several youths in the roadway at Lewis Place and State Street.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants Wednesday, at approximately 9 a.m to  3 p.m, in the general area of Oak Street, Pickthorn Drive, Redfield Parkway, Burke Drive, Bogue Avenue, Gateway Drive, Noonan Drive, and Richmond Avenue.

Homes and businesses nearby will be affected. These flows may result in a temporary discoloration of water in that area.

As in the past, please do not attempt to wash any clothing if your water appears discolored. The rain and or makeup date for flushing is Thursday, at approximately noon to 5 p.m.

More than 200 people attended the Batavia Kiwanis Club's auction and gala to raise funds for the Child Advocacy Center at Batavia Downs.

There were certainly a lot of laughs and some great deals were struck at the auction, which brought in more than $15,000.

The few somber minutes of the evening where just before the live auction when a video about the Child Advocacy Center turned the talkative room quiet. Watch the video below. It will give you a good idea of what the CAC is all about.

If you're unable to view the slide show below, click here.

Coming off two disappointing seasons and starting the 2011 season 0-2, it would be easy to dismiss a game against Oakfield-Alabama as a bye week, but as any coach in the Genesee Region will tell you, there's no squad in the league that can be taken lightly.

There's no telling if the Fighting Irish took the Hornets a little less than serious coming into Friday night's league match-up, but O-A's young players certainly made a game of it.

The final score was 29-14, but the Hornets were never really out of it until the final minutes, and at the half looked like a team that could spoil Notre Dame's early season perfect record.

"They're very well coached," said Notre Dame's head Coach Rick Mancuso. "Brian (Palone) is doing a great job. That (Tommy) Manzella kid is a terrific quarterback. They're tough, there's no doubt about it. They spread you out all over, they throw the ball. I give them all the credit in the world. I thought they played very well tonight."

Palone said his team is young. They let the game get away from them when Nate Woods returned a punt 50 yards for a TD, making the score 15-14 following a two-point conversion.

"That changed the momentum," Palone said.

While Manzella showed he could still march his offense down the field -- he passed for 192 yards on the night on 27 completions -- the Hornets couldn't finish the deal in the red zone.

"Overall I fell like we were right in there," Palone said. "Our kids were fighting hard just like we ask them -- 'give 110 percent.' We’ve got a lot of sophomores out there. We’re just very young this year, so we’re going to make mistakes, but we’re just going to learn from our mistakes and improve."

The scoring started in the first quarter when Nick Taylor capped a Notre Dame drive with a 16-yard run.

But O-A's no-huddle offensive helped the Hornets get the momentum back and the defense was being pretty stingy, twice intercepting Tim McCulley.

Two O-A drives in the second quarter ended in TDs -- a three-yard run by Manzella and a two-yard pass by Manzella to Chris Nanni.

By the fourth quarter, Notre Dame's running game was nearly unstoppable. 

Taylor finished the game with 87 yards on the ground on 17 carries. Nick Conklin had 82 yards rushing on 11 carries.

ND's two fourth-quarter TDs were a five-yard run by Taylor and Woods hauling in a 25-yard pass from McCulley.

McCulley finished with 107 in the air on 16 completions.

Mancuso said his young team played two great quarters to start each of their previous games and then "sort of frittered it away" in second halfs, but Friday the team played better in the second half than the first.

"With a young group of kids like we've got, that's what you expect," Mancuso said. "I want to get us to the point where we're playing four full quarters of football."

As for O-A, which was shut out three times in 2010 on its way to a 0-7 season, following a 2-5 campaign in 2009, Coach Palone is disappointed in his team's 0-3 start, but he said he's seeing progress for the Hornets.

"I feel like this program is heading in the right direction," Palone said. "Every day and each and every game you can see that we’re improving. We’re hanging right in there with these teams now, where last year and the year before we weren’t right in there with the games. They were breaking the games wide open. This year, we're right there."

Prior to 1961, Batavia High's graduating classes held their commencement ceremony at Mancuso Theater, but in 1961, with a new high school built, school officials told the Class of ' 61 that its graduation would be at the new facility. 

There was talk of protest then, but it took the class a half century to actually pull it off.

As part of the class's 50th Reunion, class members walked from Batavia Middle School to the former Mancuso Theater, now City Church, and held a ceremonial commencement with current BHS Principal Christopher Dailey handing Jim Owen back his original diploma as a symbolic graduation. Dailey then delivered the same commencement speech delivered to the Class of 2011.