batavia

A key issue in the July 2018 murder of Raymond L. Morgan — and a crucial piece of evidence that could connect the perpetrator to the 111 Liberty St., Batavia, crime scene — is the description of the man who jumped out Morgan’s window after the bludgeoning attack. 

This pivotal detail caused defense attorney Frederick Rarick to motion for a trial dismissal for his client, Richard D. Hanes, three times yesterday. Rarick argued that without DNA evidence, finger or palm prints or identification of Hanes at the scene, the case is “all speculative as to who that subject is.”

District Attorney Lawrence Friedman responded that eyewitness accounts of Hanes are not needed to overcome the prosecution’s burden of proof. Judge Charles Zambito denied all three of Rarick's motions because “the People have established each and every element of the offense,” so the jury should be able to reach a verdict on Hanes's second-degree murder charge. 

Detective Sgt. Kevin Czora, the last witness called by the prosecution, questioned inconsistencies about the gray sweatpants and green shirt — similar to those of the unidentified suspect — found in Hanes’s bedroom closet at his former 5 Thorpe St., Batavia, house. 

The clothing items recovered from Hanes’s closet did not match either the descriptions given by witnesses or the clothing items shown in surveillance video footage from Southside Deli, Marchese Computer Products and a Goade Park residence.

The videos also captured a man who appeared to be Hanes biking from Liberty Street to Ellicott Street at 11:13 p.m., moments before Batavia PD received a 9-1-1 call to the scene at 11:14 p.m. Czora testified to the possibility that Hanes arrived at 111 Liberty St. unnoticed by making a U-turn on Goade Park and cutting behind the house. 

Rarick called witnesses Michael Elmore, Danielle Case and Bonnie Cortright to attest to their recollections of the man who fled the scene. Elmore said his statement to police was mistakenly based on the premise that the individual who jumped out the window was Morgan. 

“I gave [Batavia PD] a description that resembled Ray Morgan,” Case also told jurors. 

Rebuttal testimony from detectives Matthew Wojtaszczyk and Thad Mart offered evidence against Case and Cortright. The detectives said the suspect was bald and wore sandals despite the women’s claims that the individual had short dark hair and wore sneakers. 

The jury must sort through these contradictory descriptions starting today in Genesee County Court. Jurors will hear closing arguments and elements of the second-degree murder charge before entering verdict deliberations. Hanes can be sentenced to life in prison if convicted.

An open burn in the city is reported at 130 Pearl St. City fire and law enforcement are responding. The location is between Roosevelt Avenue and Brooklyn Avenue.

Press release:

Do you know the difference between Alzheimer’s disease and dementia? Learn the facts during a free educational program in Batavia."Understanding Alzheimer’s Disease and Dementia" is a free program that will be presented by experts with the Alzheimer’s Association® Western New York Chapter at 11 a.m. on Tuesday, Aug. 6.

The Genesee County Office of Aging at 2 Bank Street will host the class.

While Alzheimer’s disease currently cannot be prevented or slowed, there are steps to take and recommendations to follow in the areas of diet and nutrition, exercise and cognitive activity that promote healthy aging.

Learn more during a free educational program offered by dementia experts at the Chapter in August. "Healthy Living for your Brain and Body" will be presented at 1 p.m. at the New York State Veterans Home at 220 Richmond Ave. in Batavia on Monday, Aug. 12.

Registration is required for both programs by calling the Chapter office during traditional business hours at (716) 626-0600, ext. 313, or 24-hours a day, 7-days a week at 800-272-3900.

Additionally, the Chapter oversees several monthly caregiver support group meetings across the county, which allow caregivers to connect with others facing similar challenges and hear advice for overcoming them:

• 3^rd Wednesday (Aug. 21) at 7 p.m. – Richmond Memorial Library, 19 Ross St. in Batavia
• 3^rd Thursday (Aug. 22) at 1 p.m. – Genesee County Office for the Aging, 12 Bank St. in Batavia
• 2^nd Monday (Aug. 12) at 2 p.m. – The Greens of Le Roy, 1 West Ave. in Le Roy

Community social programs, or respites, are also available every month in Batavia and Corfu. This program provides relief to those who care for individuals with Alzheimer’s disease or other dementia and offers them some time to refresh and recharge, while their loved one is engaged in social activities in a safe environment.

First Presbyterian Church of Batavia offers this free service on the fourth Monday (Aug. 26) from 10:30 a.m. - 2:30 p.m. For additional information, please call Mickey Rodak at (585) 455-5940.

Local residents now have a second Batavia location for this service. On the second Monday of each month (Aug. 12) St. James Episcopal Church at 405 E. Main St. will offer a four-hour program, starting at 10:30 a.m. Those interested in this respite should call Barbara King at (585) 343-6802.

Indian Falls United Methodist Church at 7908 Allegany Road offers a respite program on the third Wednesday (Aug. 21) from 10:30 a.m. to 2:30 p.m. For more information, call Celinda McQuiston at (585) 762-9105.

To learn more about other Alzheimer’s Association programs and services, contact the WNY Chapter office at 800-272-3900.

You can also access dementia care programs and resources by calling the Genesee County Office for the Aging at (585) 343-1611.

Justin P. Avino, 26, of Swan Street, Batavia, is charged with second-degree harassment. He was arrested after an investigation allegedly found he physical contact with another person at 4 a.m. July 21 on Swan Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Aug. 8. The case was handled by Officer Peter Flanagan.

Katherine S. Thomas, 46, of Ross Street, Batavia, is charged with trespass. She was arrested after an investigation into a disturbance on Ross Street at 1:11 a.m. on July 26. Thomas was warned to stay away from the scene by police but she allegedly returned a short time later. She was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Matthew Lutey.

Dustin Wayne Bogue, 37, address unknown, Buffalo, was arrested on a warrant in which is alleges that the defendant violated an order of protection at 10:38 a.m. on April 5 on Tracy Avenue in Batavia. He was arraigned in Batavia City Court and jailed with unspecified bail. He was due to return to city court on July 28. The case was handled by Officer Peter Flanagan.

Myriam M. Cruz, 36, of Copeland Street, Rochester, and Christian Saez, no age or address provided, are each charged with two counts of petit larceny after allegedly shoplifting from a local business on separate occasions in July. Cruz was released on her own recognizance. Saez was jailed on July 26 in lieu of $500 cash bail or $2,500 bond. Both are due in Batavia City Court on Aug. 1. The investigation was conducted by Batavia Police Officer Kevin DeFelice, assisted by Sgt. Dan Coffey.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with larceny of beer from a local business at 2:50 a.m. on July 25. He was arrested and processed at the jail, issued an appearance ticket for Aug. 6 in Batavia City Court, and released to his mother. The case was handled by Batavia Police Officer Darryle Streeter.

A head-on collision with injuries is reported at Route 63 (Lewiston Road) and Batavia-Oakfield Townline Road. Mercy Flight #5 out of Batavia is on a ground standby. Town of Batavia Fire Department is responding along with two Mercy medics ambulances and law enforcement.

UPDATE 12:55 p.m.: A first responder reports "at least two vehicles involved." They are off the roadway. Tools may be needed for extrication. National Fuel will be contacted because a piece of their roadside equipment was broken. Mercy Flight can stand down.

UPDATE 1:02 p.m.: Two vehicles involved; two flatbed tows are called.

UPDATE 1:22 p.m.: A maroon-colored sedan, with the driver as sole occupant, was eastbound on Batavia-Oakfield Townline Road when it failed to stop at the stop sign at Lewiston Road. It was broadsided by a silver Jeep, which had one passenger in addition to the driver. No serious injuries reported.

UPDATE 8:09 p.m.: According to the Sheriff's Office accident report, prepared by Sgt. Thomas Sanfratello, Mariam J. Blackchief, 87, of Bloomingdale Road, Basom, was eastbound on Batavia-Oakfield Townline Road and she allegedly failed to stop for a stop sign at Lewiston Road. Gregory M. Nellist, 64, of Medina, was southbound.  Joan A. Anderson, 88, was a passenger in Nellist's car.  Nobody was seriously injured though all three were transported to area hospitals. A citation is pending.

Press release:

The Batavia Muckdogs had lost four straight and were suddenly down 3-0 on Sunday to Williamsport with their first-place lead in danger.

That's when Muckdogs Manager Tom Lawless started pulling out the stops as he has all season. The team started bunting, double steals with a steal of home and then a big home run.

The Muckdogs then turned to the bullpen with the lead and held on to win, 5-4 before an Irish Night crowd of 1,021 at Dwyer Stadium, just a day after a near-record crowd of 2,779 filled Dwyer. That's a three-day total of 4,687 to see the 25-18 Muckdogs.

Down 3-0, in the fourth, Brayan Hernandez singled in Troy Johnston, advancing Andrew Turner to third. On the double steal, Hernandez swiped second then Turner stole home, cutting the lead to 3-2.

In the bottom of the fifth, Dalvy Rosario's RBI double scored Milton Smith II to tie the game then Nic Ready's sacrifice fly scored Rosario for the lead.

In the bottom of the sixth, Batavia catcher Michael Hernandez crushed an opposite-field home run to give Batavia a 5-3 lead they would not lose. it was the second home run of the season for Hernandez, who came to the Miami Marlins organization out of Nova Southeastern College.

J.D. Orr blasted a triple for Batavia and his average of .374 still leads the entire New York-Penn League.

Left starter Andrew Miller, a 2018 Marlins draft pick out of Kentucky, had the win to even his record at 3-3. He went five innings and struck out five walking just one.

Josh Simpson, another lefty and a 32nd-round pick this year out of Columbia University, earned his fifth hold of the season throwing a perfect sixth.

Bryan Hoeing, a 6-foot-6, 225-pound righty who was a seventh-round Marlins draft pick out of Louisville this year threw 2.2 innings for his second hold, striking out one and allowing one run.

Evan Brabrand, one of the best closers in the minor leagues, picked up his eighth save of the year, striking out the last batter of the game with runners on base. Brabrand was a ninth-round pick of the Marlins this year out of Liberty University in Lynchburg, Va.

Batavia at 25-18 holds a two-game lead over 22-19 West Virginia in the Pinckney Division and a three-game lead over State College in Pennsylvania and Mahoning Valley, both 22-21. Only Lowell with 26 wins has more wins in the entire NYPL than the Muckdogs.

Batavia is on the road for three games with the Tri-City ValleyCats (Houston farm club) before returning home to take on the Detroit Tigers Class A team, the Connecticut Tigers Friday, Saturday and Sunday, Aug. 2, 3 and 4. There will be fireworks on Saturday and specials all three games.

Photos by Jim Burns.

Gillian Romano, right, with Mary Wilson, played in the Ralph Wilson Jr. Memorial Golf Tournament this weekend, and on the 13th hole at Diamond Hawk in Cheektowaga Romano shot her first hole-in-one.

Bottom photo, Romano with Russ, Nick Rotondo, Ellen Simkulet and Will Fowler.

Photos and info submitted by Norm Itjen.

The smell of something burning is reported in the front apartment at 219 Liberty St. in the city. No flames showing. City fire is responding.

UPDATE 5:59 p.m.: A first responder on scene reports nothing showing. Building evacuated.

New York Craft Malt in Batavia hosted a malt sensory seminar on Friday where brewers could learn about a relatively new way to test and compare malts for flavor profiles.

Defense attorney Frederick Rarick told the court on Friday that he intends to call five witnesses on behalf of his client, Richard D. Hanes, the man standing trial for the July 24, 2018, murder of 47-year-old Raymond L. Morgan. 

Rarick said he plans to bring forward Danielle Case, Michael Elmore, Bonnie Cortright and Hanes’s mother and father. Though the trial will most likely last until Tuesday or Wednesday of next week, Hanes is not anticipated to testify in his defense.

Case made the initial 9-1-1 call to emergency responders after the bludgeoning of Morgan occurred around 11:15 p.m. at 111 Liberty St., Batavia. Case reportedly said “That’s Ray” when an unknown male dropped from Morgan’s second-floor window and fled the scene before he could be identified.

Elmore was the resident of the Liberty Street house who allegedly posted photos of the bloody crime scene to social media before the landlord could secure Morgan’s room. At the time, Elmore apparently posted that Morgan was the killer. 

No major developments arose during the cross-examination of Batavia PD Detective Thad Mart Friday afternoon. District Attorney Lawrence Friedman is expected to call the final witness for the People, Detective Sgt. Kevin Czora, to attest to his account of the murder investigation.

Witness testimony will begin at 9 a.m. Monday in Genesee County Court. Once the prosecution and defense rest, jurors will hear summations and legal elements of the second-degree murder charge before entering verdict deliberations. If found guilty, Hanes faces a life sentence.

A rollover accident is reported at East Main Street and Liberty Street. It is blocking traffic. One vehicle is on its roof. Unknown injuries. City fire and Mercy medics are responding.

UPDATE 2:07 p.m.: One person was loaded on a stretcher, conscious and alert, to be transported to a hospital for evaluation. At the time of the collision, it appears a Chevy Trailblazer was on East Main Street but investigators have not yet determined whether it was attempting to turn left on Liberty Street or was proceeding south from Summit Street onto Liberty Street; a BMW 535i was headed eastbound on East Main Street. The driver of the BMW and a passenger were sign-offs (translation: they waived medical treatment).

UPDATE 2:23 p.m.: Investigators have now determined the Chevy Trailblazer was southbound on Summit Street and proceeding onto Liberty Street at the time of the collision on East Main Street.

UPDATE 4:29 p.m.: Batavia PD is asking anyone who witnessed the accident to come forward and help investigators determine the cause.

Press release: 

The Batavia Police Department is seeking assistance from the community. Saturday, July 27, at around 1:50 p.m., there was a two-car rollover accident at the intersection of East Main Street at Liberty Street. The Batavia Police Department is asking for anyone who may have witnessed the accident to please contact Sgt. Dan Coffey at (585) 345-6352 with any information.

The Batavia Police Department can be reached at 585-345-6350, the confidential tip line at 585-345- 6370.

More than 100 young soccer players turned out today for the annual clinic at the Batavia Sports Park hosted by Ricky Palermo and the Ricky Palermo Foundation.

The final day of the Crossroads House Garage Sale is tomorrow, from 9 a.m. to noon.

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Following an investigation at Six Flags Darien Lake, Cunningham was arrested at 6:40 p.m. on July 25 and arraigned in Darien Town Court. He is accused of touching the intimate parts of two individuals less than 14 years of age.

He was jailed in lieu of $2,500 cash bail and is due back in Darien Town Court at 3 p.m. on July 30. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien.

Ricardo Sampel, 50, of Dellinger Avenue, Batavia, is charged with five counts of aggravated family offense -- more than one offense within five years. On July 17, the Genesee County Emergency Dispatch Center received the report of a violation of an order of protection by a third party. Following an investigation, Sampel was identified and is alleged to have committed the crime of second-degree criminal contempt. It is alleged that he knowingly violated an order of protection by contacting the protected party via phone on July 13. Due to his previous criminal history, including criminal contempt convictions, the charge against him was elevated to a Class E felony. The defendant is currently being held in GC Jail on a separate criminal contempt charge. He was arraigned in Batavia City Court and jailed without bail. The investigation was assisted by jail correctional officers, including Senior Correctional Officer J.M. Smart. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong.

Jennifer Jean Greene, 46, of Tennyson Terrace, Williamsville, is charged with second-degree criminal contempt. At 4:45 p.m. on July 7, deputies responded to Six Flags Darien Lake for the report of a violation of an order of protection. Following an investigation, Greene was arrested. It is alleged that she made physical contact with a person who had a stay away order of protection against Greene. The defendant was arraigned in Darien Town Court and released on her own recognizance. She is due back in Darien Town Court on July 30. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Press release:

The Batavia City School District Foundation Inc. is proud to announce their Engraved Brick Campaign at VanDetta Stadium at Woodward Field.

The bricks will be located in front of the weight room and will be a “River Red” color. Each brick is $100 (including engraving). All engravings will be approved by the BCSD Foundation Inc. 

Each brick will be 7¾ x 4 x 1¾ inch and on each brick there will be a maximum of 14 characters per line with a maximum of three lines. A character is any letter, space or punctuation mark.

Order forms are available on the BCSD Foundation Inc. website here or at the Batavia City School District’s Instructional Services’ office at 260 State St., Batavia.

Orders received by Sept. 1 will be installed in the Fall of 2019. All others will be installed the following years.  

If you have any questions, please contact the BCSD Foundation Inc. at:  foundation@ bataviacsd.org or Julia Rogers at 343-2480, ext. 1010.

Batavia Police Department detectives' court testimony on Thursday attempted to connect the bludgeoning death of 47-year-old Raymond L. Morgan to Richard D. Hanes, the man accused of murdering Morgan in his Liberty Street residence last July.  

District Attorney Lawrence Friedman called detectives Eric Hill and Thad Mart to testify about their recollections of the events surrounding the July 24, 2018, murder. 

The investigators said lab tests detected Hanes’s DNA on a baseball cap found below Morgan’s bedroom window. Detectives reportedly also found a green shirt and gray pants — similar to descriptions of the unknown perpetrator’s clothes — in Hanes’s blood-covered closet at his former Thorpe Street, Batavia, home. 

The detectives explained to jurors that Morgan’s DNA began to be collected throughout the city following his death. Batavia PD found Morgan’s blood on both the exterior of his bedroom window and the house siding below the room in the hours after the attack. 

Morgan’s DNA was also swabbed from a handlebar grip of Hanes’s bicycle and a hammer on the roof of an Ellicott Street house. Detectives suspect Hanes may have thrown the alleged murder weapon before pedaling back to Thorpe Street. 

Jurors listened as Hill reassembled a text conversation between Morgan and Hanes from the fatal night last July. Although Morgan’s contact information and the text messages did not appear on Hanes’s phone, they were later found in a phone records search by police. 

Hanes apparently texted Morgan “I owe you $395. Imma pay you” around 10:50 p.m. and “Here” at 11:09 p.m, minutes before Batavia PD was called to 111 Liberty St.

Mart told the jury that he had heard loud sirens from emergency responders as he was driving on Main Street before being dispatched to the scene of Morgan's death.

Mart questioned why Hanes said in a July 26, 2018, interview that he did not hear or see responders while traveling on his bicycle in the vicinity of the crime scene. 

“For him to be in the area where he said he was, I find it hard to believe that he would not at least hear the sirens,” Mart said.

Hanes faces life in prison if convicted of second-degree murder. Defense attorney Frederick Rarick will have the opportunity to cross-examine Mart when the trial continues at 2 p.m. today in Genesee County Court.

David Bellavia visited the Holland Land Office Museum on Wednesday at the request of The Batavian for an exclusive interview to discuss his experience in Washington the week he received the Medal of Honor on June 25 in a ceremony at the White House and was inducted into the Hall of Heroes at the Pentagon.

In the interview, we discuss not only his Medal of Honor, but the Medal of Honor received by Charles F. Rand, a Batavia resident often credited with being the first to enlist in the Army as a volunteer at the start of the Civil War. We discussed the "bubble" Bellavia was in during his time in Washington; the time he spent with the men he went to war with in Iraq;the men who didn't come home, most notably Capt. Sean Sims; what it was like on stage in the East Room during the Medal of Honor ceremony; the rush of people around him during the reception after the ceremony; what it means to represent the Army as a Medal of Honor recipient; and why he wanted to be sure to include in the events his friends from Western New York, especially the GLOW counties. Now that he's personally met President Donald Trump, we also asked for his measure of the man. And finally, we discussed his childrens' reaction, especially his sons, to the award.

NOTE AND POSSIBLE CORRECTION:  We have been referring to David Bellavia and Charles Rand, including in this video, as the only two Batavia residents to receive the Medal of Honor. We knew about James E. Cross but the history on Cross, as passed along to us, has been that he was born in Darien and enlisted in Batavia. County Clerk Michael Cianfrini wrote yesterday to suggest that Cross was a resident of Batavia. This morning I did a quick search on ancestry.com and it appears Cross was a resident of Batavia during the 1860 and 1870 censuses. It appears that he enlisted in Elmira. He was discharged with a disability in 1862 and was awarded the Medal of Honor in 1898. We'll see if we can find out more.