batavia

Jacquetta Simmons

In their vigorous effort to keep their client out of state prison, the attorneys for Jacquetta B. Simmons have presented arguments to the Appellate Division, Fourth District of the NY Supreme Court that challenge both her sentence and her conviction.

SImmons is the young woman who hit Grace Suozzi, then a 70-year-old cashier at Walmart on Christmas Eve 2011, and was later convicted of felony assault based on the injuries sustained by Suozzi and her age relative to Simmons, who was 26 at the time.

A year later, following a jury trial in Genesee County Court, Simmons was sentenced by Judge Robert C. Noonan to five years in prison and three years probation.

The defense contends that the sentence is harsh and excessive, that the evidence presented at trial doesn't support the finding of the jury, and even if it did, the law used to convict Simmons is unconstitutional.

District Attorney Lawrence Friedman has a differing view of the facts and the law and filed an answering brief.

Friedman said the attorneys will likely make oral arguments before the appellate court sometime in September and a ruling isn't likely before the end of the year.

Meanwhile, Simmons, now a mother, is out of prison with her sentence stayed until a decision is rendered.

Here's a summary of the defense's appeal:

The sentence is harsh and excessive.
The defense contends that under the current justice system, a judge is charged with selecting a sentence that will be best suited for rehabilitation of each defendant.

The judge should consider: 1) the nature of the offense; 2) the community's condemnation of the defendant's conduct; 3) the necessity of protection of the community; 4) the deterrent effect on others; 5) the potential for rehabilitation; and, 6) the defendant's previous record.

The defense leans heavily on the lack of criminal history for Simmons and her record of as a productive member of society, who had a job, an education and a history of volunteering in her community.

The defense contends that what Simmons did Dec. 24, 2011 -- whether it was a punch (as the prosecution maintains), a hit (the defense version) or an accident (the defense's argument at trial) -- it was "out of character" for a young woman admired by those who really know her.

While the prosecution maintained at sentencing and in its answering brief that Simmons has shown no remorse, the defense -- attorneys Earl Key and Anne Nichols -- are adamant in briefs that Simmons truly regrets her actions that busy shopping day in Walmart.

They state that at trial, Simmons admitted that she had opportunities to tone down the conflict at Walmart, but proceeded in a manner that eventually led to a harmful result.

"I still hold no hate or bitterness for Grace," Simmons said at trial. "I wish I had stop(ped) my movements before I pulled away then maybe there would have been no harm to her. I would take back that moment a million times."

The defense notes that the Probation Department, in its pre-sentence report, recommended a community-based (no jail time) sentence for Simmons.

The defense also cites several convictions in New York where defendants convicted of more serious crimes were given no more than five years in prison, or were given harsh sentences that were later reduced by the appellate court.

The verdict went against the weight of the evidence.
The defense has a different version of events and sees the testimony differently than the prosecution.

Whereas the prosecution argued at trial that Simmons planted her foot, swung back her arm and took a round-house punch that knocked Suozzi across the floor and caused facial fractures, the defense argues there is a different narrative that the jury did not fully consider.

The defense says the evidence presented at trial shows that Simmons was attempting to leave the store when Suozzi stepped in front of her and another Walmart employee grabbed the arm of Simmons, causing Simmons to swing it forward, striking Suozzi unintentionally.

According to the defense brief, Suozzi and other witnesses either forgot key facts or changed their testimony from their original statements to police in a manner that exaggerated events (Dylan Phillips, for example, was the only witness who testified that Simmons used the C-word at trial and was 15-20 feet away from the altercation).

On the other hand, according to the defense, Simmon's has remained consistent in her statements from the time of her arrest through her testimony.

"She maintained from day one that someone grabbed her arm from behind as she was pulling away as Ms. Suozzi came out from her register to confront her when she was struck," the defense states in its brief.

The defense contends also that Suozzi overstated the nature of her injuries at trial. The brief says that medical records provided to the jury show that her doctor wrote the month after the incident that her fractures were healed and that doctors' notes state that she said she wasn't taking pain medication (at trial, she said she took prescription pain pills for two weeks before switching to Tylenol).

The defense concludes, "... even in viewing the evidence in a light most favorable to the People, that the verdict of guilt is against the weight of the evidence and should be overturned."

The statute is unconstitutional.
After the basic felony assault charge against Simmons was thrown out because Noonan ruled that the grand jury had not received sufficient evidence that Simmons intended to cause serious physical injury, the prosecution was left with only one felony count to try.

That count is a relatively new law that makes it a felony for a person much younger than a person over 65 to cause injury to an older person.

It's often referred to as an elder abuse law.

The dispute between the defense and the prosecution over the law hangs on an arcane legal term, "strict liability."

Think of getting a speeding ticket: If you are driving in Corfu, going 55 mph in a 35 mph zone, it's no defense that you didn't know the posted speed limit was 35. You were going 55 in a 35 mph zone. You're guilty. Period.

In the Simmons case, the prosecution -- and Noonan agreed -- that Simmons need not have knowledge of her victim's exact age to violate the law. That's strict liability.

The defense contends the Legislature, in passing the law, did not intend strict liability, that in order to violate the law, the defendant would need to have knowledge of the victim's age.

"The grammatical construction," the defense writes, "of the statute couples the culpable mental state with the requirement that the actor cause injury to 'such person' which literally reads as an intent element requiring the defendant to have intended to assault a person age 65 years or older, which thereby requires knowledge of the victim's age."

Also, the legislation was enacted, the brief states, to deal with predatory attacks on seniors.

"The case of Ms. Simmons and Ms. Suozzi is certainly not one of a predatory attack," the defense states.

That statute as written, the defense contends, denies a defendant due process under the Fifth and Fourteenth amendments.

The prosecution answers.
The brief from the District Attorney's office, written by ADAs Will Zickl and Melissa Cianfrini, argues that the defense is wrong on both the law and the facts.

Key to the prosecution's case is what Simmons knew and when she knew it, and that isn't a matter of Suozzi's age, but whether Simmons intended to strike her.

While the defense has portrayed the act of Simmons hitting Suozzi as an accident, the prosecution states that in testimony and evidence, Simmons clearly knew what she was doing and why she did it, and has never shown remorse for her actions.

When Simmons was interviewed by Trooper James Baines the night of Dec. 11, 2011, Simmons waived her Miranda rights. Simmons asked to review the surveillance footage from Walmart.

Baines testified that Simmons then said, "someone grabbed her. She doesn't remember what happened. She just punched."

According to Baines, Simmons knew Suozzi was taken to a hospital, but never asked about her well being.

At trial, under cross-examination, Simmons admitted she was angry when a Walmart cashier asked her for a receipt for a prior purchase.

In a series of questions by Friedman, Simmons was asked about punching Suozzi, with Friedman repeatedly using to the word punch, and Simmons never corrected his use of that word.

At the end of the series of questions:

Q. She was a foot away from you, right in front of you, when you punched her, isn't that what you just said?
A. Yes.

Simmons also testified overhearing a woman in the Walmart parking lot after she and her brother ran out of the store saying, "You can't hit a white woman like that." 

Under questioning from Friedman, Simmons said that contrary to the testimony of Baines, she did ask if Suozzi was hurt.

Q. You asked how she was before he showed you the video?"
A. Yes, I did.
Q. So, before you ever knew you hit her, you asked Trooper Baines how she was, right?
A. Yes.

When it comes to the conviction, the prosecution states, "the testimony of the People's witnesses was essentially harmonious and, together with the video evidence offered by the People, painted a clear picture of the case. The defendant was hostile and increasingly aggressive during the incident, and the vicious punch the defendant administered evinced her intent to cause physical injury to the victim."

As for the constitutional question, the prosecution contends that the trial court ruled correctly that the Legislature intended strict liability under the law and that state of mind about the age of the victim was not necessary to win conviction.

As for the sentence, the prosecution continues to maintain that Simmons has never expressed sincere remorse or any real concern for the injuries inflicted on Grace Suozzi, therefore, the five-year prison sentence should stand.

"Despite the fact that the defendant's behavior would have justified an even greater sentence, the court demonstrated lenity by imposing considerably less than the maximum amount of incarceration available to it."

In response to the prosecution's brief, Nichols filed a response with the court that argues strenuously that Simmons expressed remorse.

"At sentencing," Nichols writes, "Ms. Simmons stood up in an open court and stated, 'I just want to say how truly sorry I am about the incident that happened. I hate that Grace and her family had to endure all the things that they are going through right now."

That's remorse, Nichols said.

"Plantiff-Respondent and the sentencing court have simply chosen to not accept Ms. Simmons' statements of remorse, which is different than Ms. Simmons not showing remorse at all."

It will be up to a group of justices in Rochester to sort through these contradictory views, decide which facts hold the most weight and how the law should be properly applied.

Whatever their decision, the case won't necessarily be over, with an appeal to the state's top appeals court possible.

For previous coverage of the Simmons case, click here.

Police were called to an address on Harvester Avenue to check on a resident's complaint that the neighbor was burning garbage outside.

"They're having a backyard cookout," said the responding officer before leaving.

A second suspect has been arrested in the June 1 burglary of the Sherwin-Williams paint store on Liberty Street, Batavia.

Michael J. Elmore, 22, of 130 Bank St., Batavia, is charged with third-degree burglary. He is accused of participating in the break-in and entering the story during the burglary.

Earlier this month, a former employee, who worked at the store at the time, was accused of supplying a key to the theives to help them with the burglary.

Rebecca G. Morse, 21, of 130 Bank St., Batavia, is charged with burglary, 3rd. She allegedly received a portion of the proceeds from the burglary.

Elmore was jailed on $10,000 bail.

The investigation is continuing.

Kyle Jackson, 21, of Slusser Road, Batavia, is charged with grand larceny, 4th. Jackson allegedly drove an electric shopping cart across the Walmart parking lot, onto Route 63 and into the parking lot of Rite Aid at 4:30 a.m., June 12.

Douglas G. Goodwin Jr., of 130 Bank St., Batavia, is charged with offering a false instrument, 2nd, grand larceny, 4th, and criminal mischief, 3rd. Goodwin is accused of entering an apartment and stealing a hot water tank, gas and water lines and other items. Goodwin was jailed on $10,000 bail.

Foster M. Brandt, 22, of 20 Tracy Ave., Batavia, was arrested on warrants for obstruction of governmental administration and criminal mischief, 3rd. Brandt was jailed on $2,000 bail.

Christina A.M. Deluna, 33, of 122 State St., Batavia, is charged with harassment, 2nd. Deluna was arrested by Batavia PD following an investigation into a domestic incident reported at 6 p.m, Friday.

Angela S. Bianco, 42, of 137 State St., Batavia, is charged with petit larceny. Bianco was allegedly seen on security footage at Save-A-Lot taking a Red Osier billfold belonging to another customer.

Bryon Gilbert Keller, 18, of Sumner Road, Corfu, is charged with petit larceny. Keller is accused of stealing a laptop computer from a residence in Darien.

Frank Lyman Stanton, 32, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and no/inadequate exhaust system. Stanton was stopped at 12:32 a.m. Sunday on South Lake Road, Bergen, by Deputy Patrick Reeves.

Joshua Todd Fullmer, 20, of West Main Street Road, Batavia, is charged with criminal possession of a weapon, 4th, and unlawful growing of marijuana. At 5:48 p.m., Saturday, deputies responded to a report of a fight at 3124 W. Main Street Road, Batavia. Upon investigation, Fullmer was allegedly found in possession of brass knuckles and had several marijuana plants growing on his property.

Joshua Christopher Uptegrove, 27, of Meadville Road, Alabama, is charged with harassment, 2nd. Uptegrove allegedly pushed another person during an argument.

James Maslow, member of Big Time Rush, which performed at Darien Lake last night, stopped in at Next Level Fitness yesterday for a workout.

Big Time Rush is both a boy band and a television series on Nickelodeon.

Maslow is a singer-songwriter and actor from La Jolla, Calif. who plays in the television series a Minnesota Hockey player who's moved to Los Angeles and cast into the band Big Time Rush.

Pictured are Andrea Mistler, Kristin Bates, Maslow and Tim Walton.

Photo submitted by Tim Walton.

Last night, it was time again for the party of the year in the Town of Batavia with the fire department's annual Harley Raffle.

Paul Berardini, owner of Big Pauly's Pizza, won the Harley Fatboy.

Prints of photos available for purchase by click here.

The Rangers, of the American League, beat the National League champs, the Mets, yesterday in the Batavia Minor League championship game.

More information about the game once it's e-mailed to us.

To purchase prints, click here.

A program to bring more higher-end apartments to Downtown Batavia is starting to produce results.

Yesterday, visitors were able to view two new apartments at 17 Jackson St. owned by Dr. Edward A. Sielski that were renovated as part of Batavia's community plan.

A $60,000 Main Street Improvement Grant -- funded by the state, administered by the Business Development Committee -- helped pay for the $270,000 project.

The second and third floors of Sielski's building -- his dentist office is on the first floor -- were converted to a pair of 1,000-square-foot apartments. Each is two floors with a kitchen and living space on the first floor and bedrooms, a bathroom and washer/dryer combo on the second floor.

The back apartment overlooks Jackson Square.

There are several more downtown apartment projects in the works under the auspice of the program.

Julie Pacette, economic development coordinator for the BDC, said studies have shown there is pent-up demand for higher-end apartments in Downtown Batavia.

The target market is the professional person or couple earning $60,000 to $75,000 a year who wants to live in a more urban environment. They don't mind walking up stairs and want to walk to the public market, the grocery store, theater, restaurants, bars, post office and gym.

Sielski said he's already received several calls about the apartments without even advertising them.

For the open house, one of the apartments was furnished by Max Pies with decorations from Valle Jewelers.

CORRECTIONS AND CLARIFICATIONS: The total project cost was $270,000 ($100K more than originally reported). This does not include architectural fees). That's 22 percent of the project cost.  The NYS Main Street Grant Program allows grants up to 75 percent of project costs. The first apartment completed under the program was in the Valle Jewelers building, owned by the Valles, and rented immediately.  The rents for these apartments is expected to be $950 to $1,000 a month.

Dr. Sielski with his family, from left, Neil, Lauren, Dr. Sielski, Claudia and Elise.

Val Zinni and Carmen Del Plato will perform in Jackson Square tonight as part of the Over the Hill Musicians Society show.

Performing as the Hutchins Street Blues Brothers Rhythm and Blue Review, Zinni and Del Plato will reprise a performance they've staged a few times over the years since 1981. That year they entered the talent show -- which was right after "The Blue Brothers" movie came out -- at the St. Anthony's Lawn Fete. 

Del Plato said after winning the talent show, Zinni kissed Monsignor Aquavia "right on top of his bald head," John Belushi-style, Del Plato said.

At first, Zinni and Del Plato performed to recorded music, but a few years ago they started performing with Del Plato's brother's band.

"We'll be performing two songs because the band won't let us do any more than that!" Del Plato said.

Show time is 7 p.m.

Photo by Shelley Zinni.

Press release:

RICHMOND AVENUE (from Park Road to Oak Street) will experience traffic delays on TUESDAY, JULY 30 BETWEEN 7 A.M. AND 4 P.M.

Traffic will be reduced to a single lane for paving operations. The following side streets that intersect with Richmond Avenue will see temporary traffic closures preventing access to Richmond Avenue while paving operations are ongoing:

Park Road, Redfield Pkwy, Bogue Avenue, Woodrow Road, Union Street, Vernon Avenue and Lyons Street.

Residents and businesses are not to park on the roadway during paving operations.

Residents and businesses of Richmond Avenue (from Park Road to Oak Street), will have access to their properties, but should expect delays when paving operations are in front of their properties.

Justine and Shayna Lawrence with Aubrey were among the shoppers showing up this afternoon for the Genesee Country Farmers Market at Batavia Downs.

The market is open on Tuesday and Fridays in the Downs parking lot.

All of the produce is grown by the vendors themselves and they displayed well-stocked tables today.

Below, the little red-headed girl holding an ear of corn is 2-year-old Alice, of Oakfield.

Bradman Chiropractic will be hosting an anniversary party and open house event to celebrate 25 years of serving familes in the Genesee Region. A significant milestone, Dr. Bradman has helped thousands of people since his doors opened in 1988. We welcome everyone to bring your family down to celebrate with us this Saturday July 27th from 1 to 5 p.m.!

Visit us online at: http://bradmanchiropractic.com

Press release:

Join us at Dwyer Stadium Aug. 6th, 7th and 8th for our youth baseball camp!

Kids ages 6-14 will receive two days of on-field instruction from the Muckdogs players and coaches on Aug. 6th & 7th from 9 a.m. - 12 p.m. Children will learn from the pros in the areas of hitting, fielding, pitching, catching, base running and bunting.

Then on Aug. 8th, campers will be able to come back to Dwyer for a private autograph signing with the team 30 minutes before the gates open (5:30 p.m.) and then be recognized on the field prior to the Muckdogs game vs. the Hudson Valley Renegades (Tampa Rays affiliate).

Campers will also receive a special T-shirt not available in the team store, a camp photo, two tickets to the Aug. 8th game, as well as daily lunch, all for only $70. Registration forms are available at Dwyer Stadium and online at muckdogs.com. Space is limited and early registration is encouraged.

Anthony L. Holohan, 77, of Gilmore Road, Corfu, is charged with criminal mischief, 2nd. On July 11, an employee of the Log Cabin Restaurant arrived at work and found a hole in a picture window in the dining room. Later he found another window was damaged. After an investigation, Holohan was arrested and accused of damaging the windows at about 3 a.m., July 11. The estimated damage is $2,260. There's no known motive for the alleged crime. Holohan posted $5,000 bail and was released.

Ryan C. Riggi, 18, no permanent address, is charged with two counts of criminal possession of stolen property, 4th. Riggi is accused of twice possessing and using a credit card of another person, stealing more than $3,000. Riggi was jailed on $10,000 bail.

Danielle Marie Stevens, 36, of Ford Road, Elba, is charged with petit larceny and criminal possession of a controlled substance, 7th. Stevens is accused of stealing a bottle of hydrocodone pills from the purse of another person.

Matthew Charles Olcott, 34, of West Main Street Road, Batavia, was arrested on warrants out of the Town of Pembroke and Town of Batavia, for criminal possession of a controlled substance, 7th, violation of probation, attempted unauthorized use of a vehicle, 3rd, and aggravated unlicensed operation of a motor vehicle, 2nd. Olcott was arraigned in Town of Batavia Court on all charges and jailed on $500 bail on the Town of Pembroke charges.

Press release:

Batavia Downs announced today that their highly anticipated expansion project will open on Sept. 27.

"Pushing back our opening date ensures that all facets of our new gaming facility will be finished and ready to accept customers,” said Michael D. Kane, president and CEO of Batavia Downs.

Batavia Downs will be open on Aug. 28th and 29th, days which the casino had planned to be closed. Promotions already scheduled around the weekend of Aug. 30th, including several large cash drawings, will go on as planned. 

"Customers should check our Twitter and Facebook pages for exciting promotions planned on days we were to be closed,” said Ryan Hasenauer, director of marketing.
 

Article written by Angelo Prospero. Prospero is a native of Batavia and grew up knowing many of the local boxers from Batavia's Golden Age of Boxing. He became a boxing writer and boxing historian of some note. He holds degrees in history from Conisius College and taught history at Trident Technical College in Charleston, S.C. He currently resides in Summerville, S.C. He's written for "Ring," the Batavia Daily News, "Boxing Illustrated," "Boxing Digest" and "Unitas Boxing World." He also wrote a book on boxing, "Great Fights and Fighters." Prospero has also been a ringside judge for professional boxing matches. Prospero provided us with the pictures, as well.

Mickey Devine

Patrons of Marshall’s News Store on Jackson Street in Batavia during the 1930s heard the sounds of shuffling feet, speed bags, heavy bags and shadow boxers skipping ropes upstairs as they purchased their newspapers and magazines.

The entire second floor was the home of the Batavia Boxing Club, the brainchild of Batavia businessman John DiCarlo, called by many the Father of Batavia Boxing.

DiCarlo, husband of famous artist Rose Pontillo DiCarlo, was a boxer, teacher, trainer and matchmaker who loved the sport. He was promoting his young brother, Ponce DiCarlo and was appalled at the lack of training facilities. Missing were a ring, showers, equipment and other paraphernalia that goes with a boxing gymnasium. So he took out a yearly lease and with his chief assistant, Tony Gaeta, renovated the upstairs Jackson Street area, making it as fine a place as any in Western New York.

It featured a homemade ring and DiCarlo used his own money to purchase all the equipment and gloves, and formed the BBC. Dues were one dollar a week and the initial response was slow as DiCarlo and Gaeta promoted the career of young Ponce, who became a sensation with a long win streak all over New York State and the surrounding areas.

About this time, the Great Depression hit and many unemployed youngsters flocked to the gym filling it to capacity. It was the Golden Age of Batavia Boxing. Teams were dispatched to Buffalo, Syracuse, Frank Powderly’s Elks Club in Rochester, Cleveland and even New York’s famed Daily News national competition in Madison Square Garden.

Tony Sciolino of Buffalo was a brilliant featherweight who won just about every honor in his hometown and decided to turn professional. He was engaged to a lovely Batavia Miss, Margaret Fusco, of Ellicott Street, who lived near Ellicott Square at Liberty and Ellicott streets. Sciolino was the nephew of John D. Gioia, civic leader and pharmacist.

Since Sciolino was spending so much time in Batavia, Gioia decided to install a makeshift gym behind his pharmacy on Ellicott Street and Sciolino did most of his training there. How good was Sciolino? He defeated world featherweight champion Tommy Paul and fought a draw with Wes Ramey, who this last June, was inducted into the Canastota Boxing Hall of Fame.

Mr. Gioia also convinced Father William Kirby of St. Anthony’s Church to purchase a ring and equipment and put it in the corner of the Community Center on Liberty Street. The Center was financed by the many Bingo nights held there by Reverend Kirby and the gym was portable enough to be disassembled easily and stored in the cavernous bowels of the Center. Many times the boxers-in-training there disassembled the gym themselves with the aid of the school kids at the nearby St. Anthony’s School, so Bingo could be played.

Around the corner on Central Avenue, was the home of the Cintorino family. Ma and Pa Cintorino made a living selling Treadeasy Shoes (made in Batavia) to support their six boys. The second eldest, Joseph, dropped in the gym where Sciolino trained and quickly showed excellence under the tutelage of Sciolino, displaying a stinging left jab and defensive prowess.

Ironically, the teacher and pupil would meet in the ring professionally in a few years. To prevent his father from finding out he was fighting, Joseph Cintorino used the fistic name of Mickey Devine. His younger brother Sam used the name Sammy Devine.

Mickey Devine, undoubtedly Batavia’s greatest professional fighter, used a circuitous route to gain fame in the ring. He fought in two venues, amateur and bootleg. Combined, he had a 70 win, 6 loss record.

There existed at the time a hybrid group called Bootleg Fights, a sort of semi-pro organization with its own officials and rules, outside the normal amateur sphere. Some pros fought as amateurs using different names and amateurs fought as semi-pros looking to pick up a few Depression dollars. They fought in “Smokers” at various places, so called because the smoke was so thick. One such place was the Eastman Kodak in Rochester where the legendary George Eastman would attend. When fighters weren’t paid in cash, sometimes, trophies and watches were awarded which the fighter sold to gain some valuable dollars.

Mickey Devine was a sensation on the circuit and decided to apply for a professional license. As a pro, he compiled a brilliant 18 win – 2 loss – 1 draw record. His one loss to Jeff Furrone was later reversed. In their 2nd contest, Devine won easily, flooring his rival twice. For his 22nd fight, Mickey was matched with his mentor, Tony Sciolino, at Memorial Auditorium in Buffalo in what was billed as “For the lightweight championship of Batavia.” Devine was too slick and too fast for the aging Sciolino and pounded out an easy eight-round decision.

With lucrative bouts offered him, Devine decided to retire and get married. He took the $1200.00 from the Sciolino fight, his largest purse ever, paid off his parents’ mortgage and purchased a house for himself. He served as a referee at amateur contests and trained a protégé, Nick Tundo. Remarkably, he was unmarked despite all those bouts, a tribute to his defensive skills.

Joe Church

Back at the Batavia Boxing Club, all types of would-be pugilists would be in training under the watchful eye of DiCarlo and Gaeta. Some of the notables were Jimmy Amatrano, Cheech Trinchera, Chet Mruzek, Vinnie Lewandowski, Ken Pixley, Joe Syracuse, Tony Zito, Eddie Urban, Tony Stone, Nate DiSanto, Frankie Flynn, Mike Saquella, Kid Fillete, Sammy Devine, Norm Columbo, Paul Columbo, Scrapiron Marshall, Gordon Hyde and Dick Warboys.

But the two gems of the stable were Joe Church and Lou Cecere, both inducted into the Rochester Boxing Assn. Hall of Fame, along with Mickey Devine and Tony Zito. Church from Swan Street on Batavia’s South Side, was a 1929 graduate of Batavia High School. He won his first title, the Niagara District Amateur Championship and his second followed quickly as he swept through the Buffalo Championships and continued his Western New York Amateur dominance, winning the Courier Express title, and repeated his Niagara AAU title in a heavier 126-lb. division.

These wins garnered Church a chance to compete in the prestigious National Amateur Championship in Cleveland. The only problem was money and transportation. Determined to fulfill his dream of winning a national title and competing in the Olympics in 1936, Church and a friend hitchhiked to Cleveland and slept at the bus station the first night.

A 100-1 shot, Church swept through the prelims and then shocked the boxing world by winning the featherweight title. Floored in the first round, Church won the next four rounds handily to win a unanimous decision.

He was awarded a champion’s reception when he returned by train to Batavia, being greeted by dignitaries, including the mayor, who presented him with a Key to the City, as the City Band played proudly. The crowd gave him a tremendous ovation, appreciative of Batavia’s only national boxing champion, ever.

The festivities didn’t end there. A parade brought him from Swan Street to the Community Center on Liberty Street. 250 admirers showered him with gifts and standing ovations. He was introduced by Father Kirby and praised by John DiCarlo, Tony Gaeta and John Gioia. He received another standing ovation when it was announced he would be an alternate on the 1936 Olympic team, the event that featured Jesse Owens.

Church later won a boxing scholarship to the University of Miami and served as a boxing instructor in the Army.

Lou Cecere, one of 11 children, was a boxing fan as a teenager and with his friend, Tony Zito, began appearing at the Jackson Street gym. His speed and footwork caught the eye of John DiCarlo and Cecere’s ability to outbox the veterans put him on several cards in Western New York. He once won 40 consecutive fights, including the prestigious Syracuse Herald American Golden Gloves.

Cecere had a 92-7 record when he headlined the Open Air Amateur card at MacArthur Stadium in the summer of 1940. It was his 100th fight and he didn’t disappoint the thousand fans who showed up at the ballpark. They paid a dollar for ringside and 44 cents general admission to see Cecere put on a dazzling exhibition, winning all five rounds over veteran Buffalonian Earl Wilson.

Lou Cecere

On the same card, youngsters with big padded gloves regaled the throng. Sammy Devine won a four-round decision and Cecere’s stablemate, Vin Tresco, lost a five-rounder to Ed Stokes. Tony Stone of Oakfield and Frank Aquino of Batavia were winners by decision. But, Batavians Kid Fillette, Jimmy DiFalco and Angelo Pettinella were all knockout losers and Ed Urban lost on a decision.

Despite the success of the evening, World War II was approaching and boxing lost its luster for a while. Cecere was drafted into the Army, losing his chance to turn pro. However, he did serve with Billy Conn’s touring group in Europe giving exhibitions in several areas. After four years of distinguished service in World War II, he never fought again.

Tony Zito’s main ambition was to win the Buffalo Golden Gloves. He lost his first effort, then enlisted in the Army. There he became a Service champion compiling an impressive 38-2 record before being shipped overseas where he participated in many infantry battles. During his march through Belgium, a V-2 German rocket destroyed a hospital. Zito worked several days, under heavy fire, getting patients to safety and for this supreme effort, he was awarded the Bronze Star for bravery. He later was wounded twice by shrapnel and received the Purple Heart.

Upon discharge, Zito wanted to return to the ring, but was advised by doctors not to because shrapnel was still in his body. He went ahead any way and in 1946 won two bouts before running into Calvin Leigh of Rochester, later, a successful pro, and lost in the semi-finals. It was his last fight.

Zito, a longtime employee of Batavia Downs, prided himself on his boxing knowledge and became a noted boxing historian.

Boxing in Batavia received a faint spark of life in 1947 with the emergence of Batavia High School athlete Dick Brenkus, who excelled in basketball and football. He tried boxing under the direction of trainer Jack Shevlet and won his first six bouts, capturing the Buffalo Courier Express Novice Middleweight title.

In the final exhibition held in Batavia in April 1947, Brenkus headlined a six-bout card at St. Anthony’s Community Center. The old ring was located and 800 fans packed the auditorium. Anybody who was anybody was there and they were delighted as Jimmy Fasano, a nephew of Tony Sciolino, won his debut in a three-round bout. Bob Smith won a five-round decision. But it was not to be for Batavia boxers that evening.

Sam Nicometo was starched in the first round and Brenkus, with famed coach Danny Van Detta in his corner, was simply overmatched. He was pitted against Buffalo Open Division champion Mickey McGuire who had 60 fights. Brenkus held his own the first round, but McGuire kayoed him in round two with a flurry of combinations dropping him over the lower strand of the ropes as referee Tony Gaeta tolled the mournful 10 count.

The flaming embers for boxing in Batavia died out that evening. With other activities such as cars, television and drive-ins, there wasn’t a farm system to develop young talent. It was over, all over. But what a glorious ride!

Today, boxing is being challenged and probably surpassed by MMA and other kickboxing battles. Aided by reality television and today’s penchant for violence, these affairs are immensely popular and highly visible.

But to the boxing purists of yesterday, they will never match the Sweet Science of the Golden Age of Boxing.

And to that I say “Amen.”

Mickey Devine trains protoge Nick Tundo, circa 1941.

Top photo: The Batavia Boxing Team in 1937. Dick Warboys, Vince Lavandowski, Joe Syracuse, Natalie DiSanto, Nick Tundo, Lou Cecere, Ed Urban, Tony Gaeta, Gorden Hyde and Mike Saquella. Photo by Tony "Butch" Zito.

Two suspects were taken into custody early this morning on assault and robbery charges stemming from an alleged incident on Columbia Avenue at 10 p.m. July 7.

Mark D. Callan, 26, of 189 S. Main St., and John P. Wittkopp, 29, of 24 Columbia Ave., both of Batavia, are each charged with third-degree assault with intent to cause physical injury and second-degree robbery, aided by another.

Callan was arraigned before Judge DelPlato in City Court, jailed without bail, and was scheduled to appear in court again at 11 this morning. No further information was provided about Wittkopp.

The investigation and arrests were made by officers Matt Lutey and Kirbis.

 

Photo and information submitted by Durin Rogers. (Credit, Rogers said, goes to Christine Cecere-Wormley)

The American League All Stars of the Batavia Major League Baseball League beat the nationals in the league's annual season-ending all-star game, 12-8.

Pictured are, front row, Quinton Betances, Bryn Wormley, Vincent Grazioplene, Luke Rogers, Matt Neal, and back row, Manager Dan Utter, Kyle Kendall, Logan vonKramer, Jason Dykstra, Jesse Reinhart, Alex Totten, Dominik Taylor, Brandon Bartz, Coach Dan Utter Sr.

After the jump a submitted game story (click on the headline to read more):

Five (5) doubles in the fifth inning led to American Division Victory over the National League 12 to 8 in the 2013 Majors Division All-star Game.

The Batavia Major League Baseball League has hosted its season-ending All-star Game for almost 40 years. Each year 12 players from various teams are selected to represent  the American and National Division and battle it out for seven innings under the lights at the Paul E. Sputore Field in Batavia, New York. The 2013 All-Star Game was no exception with incredible offensive and defensive plays on both sides. In the end, the American League pulled off the victory 12 to 8 highlighted by strong bats and a string of doubles in the 5th inning.

On the coin toss, the American League, managed by Yankees Manager Dan Utter, pulled home field advantage with the National Division, managed by Phillies Manager Mike Anderson, batting first. American Leaguer Dominik Taylor (Yankees) got the start on the mound, striking out the first batter. Two consecutive walks would lead to eventual scores by Joey Gefell (Astros) and Vincent Dirisio (Phillies) for the  National League. Following an unassisted out by first baseman Brandon Bartz (Red Sox), catcher Jason Dykstra (Red Sox) threw the runner out at third base to end the inning.

Max Rapone (Braves) got the start on the mound for the National League and returned the favor by throwing out the first batter at first base, striking out the fourth batter, and a throw out at third-base by National catcher Gavin Schrader resulted in no score.

Taylor returned to the mound in the second inning, striking out three of the five batters he faced, but not before Cody Henry (Braves) scored for the National League making the score 3 to 0 at top of the second inning. Rapone likewise returned to the mound, striking out one before being relieved by Owen Mileham (Phillies) who threw out the runner at first and struck out a batter; but not before the American Division tied the game on scores by Bartz, Quinton Betances (Athletics) and Kyle Kendall (Rangers).

Luke Rogers (Red Sox) got the call to pitch in the top of the third inning for the American League. Following a walk, Rogers struck out the next batter for the first out of the inning. With two strikes and a runner on second, Rapone hit a deep fly ball to centerfield that was caught by then CF Logan vonKramer (Athletics). The catch started what would prove to be an amazing double-play when vonKramer relayed the ball to pitcher Rogers, who in turn made the throw to the plate where veteran catcher Bryn Wormley blocked the plate and made the tag for the third out. Gefell took the mound next for the National League in the bottom of the third, striking out two, but not before Vincent Grazioplene (Rangers) and Rogers scored for the American Division to take the lead 5 to 3.

Rogers returned to the mound in the top of the fourth for the American League, getting the first two outs and striking out the last, but not before the National Division took the lead 7 to 5 on two well-placed hits by Ryan Lang (Mets) and Dylan Warner (Astros), resulting in runs by both players, as well as Gavin Schrader (Mets) and Henry. Gefell continued strong pitching for the National League limiting the American Division to one run by Kendall on a solid hit by vonKramer to cut the lead by the National Division to 2.

Brandon Bartz (Red Sox) continued the American League pitching power in the top of the fifth inning, striking out three of the five batters he faced, allowing for the American League to show its true power at the plate and what would be a turning point in the game as the American League struck for five doubles in the fifth inning resulting in six runs. With one out, Rogers of the American League drove a Henry pitch deep down the right field line for a double. With two runners on, Bartz hit a towering shot to centerfield, bouncing off the fence and scoring two.  Dirisio relieved Henry to get the second out of the inning. Yet the American Division continued to pour it on with a Dykstra double up the middle to score Bartz, as did Kendall to left field and Jesse Reinhart (Rangers) to left center, all of which resulted in the batters scoring and the American League taking the lead 12 to 7.

Kendall then took control of the mound in the top of the 6th inning for the American League. The National League's first two batters, Dirisio and Schrader, each struck for singles resulting in Dirisio scoring. Kendall struck out the final three batters, stranding a National League runner on third base with the score 12 American, 8 National.

The American Division added to its cause with another hit by then lead-off batter Wormley, however a good play in the field and strong pitching from National League pitcher Schrader downed the remaining American League batters.

With the game on the line, Kendall returned to the mound, hitting the first National League batter and speedster, Mckenzie Riegle (Braves), putting a runner on base. Following a great play resulting in the inning's first out and advancement of the runner to scoring position, Kendall struck out the remaining two batters, ending the game to a crowd roar and American League win.

The National Division Team players were: Max Rapone, Cody Henry, Mckenzie Riegle, Dylan Warner, Joey Gefell, Sawyer Siverling, Gavin Schrader, Max Tenney, Jordan Welker, Owen Mileham, Vincent Dirisio and Ryan Lang.

Nicholas J. Adkins, 22, of 111 Liberty St., Apt. A, Batavia, is charged with resisting arrest, reckless endangerment property, unlawful possession of marijuana and assault, 2nd, with intent to cause physical injury to an officer. Batavia PD reportedly attempted to assist in the arrest of Adkins on State Street at 6:25 p.m., Tuesday, on a NYS Parole warrant and Adkins allegedly fled on foot.

Carolyn Marie Peachay, 30, of Main Road, Stafford, was arrested on a City Drug Court warrant related to a prior DWI case. Peachay was jailed on $100,000 bail.

Jerome W. Brown, of 65, of Lockport, is charged with menacing, 2nd. Brown was arrested by State Police for an alleged incident reported at 10:56 a.m., July 3, in the Town of Pembroke. No further details were released.

(Name redacted upon request), 35, of Buffalo, is charged with DWI and driving with a BAC of .08 or higher. xxxx was stopped at 11:27 p.m. Tuesday on Colby Road, Darien, by State Police.