elba

A woman accused of getting more than $21,000 in food stamps she shouldn't have received has been charged with seven counts of offering a false instrument for filing in the first degree.

Kelly Spenton, 36, allegedly lived with an employed person from March 2005 to March 2008 while she was collecting food stamps from the Department of Social Services.

Spenton, formerly of Elba, allegedly did not report this living arrangement to DSS.

The charges are felonies.

Batavia Town Justice Thomas Williams set bail in this case at $10,000, but Spenton is already in jail on a previous conviction.

Who would ever have thunk that the idea of a President of the United States speaking to the nation's students on the first day of school could be controversial, but in the days leading up to the speech, Obama was accused of attempting to subvert school kids, turning them all into socialists, or worse, Democrats, and/or of using the speech to push a policy agenda through Soviet-style propaganda.

Who would have thunk that a simple message: Do your homework and stay in school could be seen as an inappropriate message from the President.

Imagine, a President proclaiming the virtues of personal responsibility being blasted by the opposition party.

“At the end of the day, we can have the most dedicated teachers, the most supportive parents, and the best schools in the world – and none of it will matter unless all of you fulfill your responsibilities,” Obama said in the speech.

“Unless you show up to those schools; pay attention to those teachers; listen to your parents, grandparents and other adults; and put in the hard work it takes to succeed. And that’s what I want to focus on today, the responsibility each of you has for your education,” Obama said.

The speech didn't stir much notice in Genesee County. Only two districts were in session today -- Elba and Pembroke. The other schools start tomorrow.

Elba Superintendent Joan Cole spoke with WBTA this morning and said use of the president's speech in the class room was optional for teachers.

"We haven't had any concerns expressed by any of our parents," Cole said. 

Watch the video above for yourself, in which Obama makes such supposedly un-American statements as:

And even when you’re struggling, even when you’re discouraged, and you feel like other people have given up on you – don’t ever give up on yourself. Because when you give up on yourself, you give up on your country.

The story of America isn’t about people who quit when things got tough. It’s about people who kept going, who tried harder, who loved their country too much to do anything less than their best.

NOTE: This is a rewrite of a previously posted version.

Two of the three men accused of robbing the M&T Bank in Elba on June 18 appeared in court today, and one of them, Dennis M. Abrams entered a guilty plea to one of the charges against him.

The felony conviction, as part of a plea bargain, carries a maximum sentence of 17-and-half-years in prison.

When District Attorney Lawrence Friedman informed Judge Robert Noonan of the plea arrangement, the friends and family of Abrams who were in the courtroom let out audible expressions of shock.

Abrams will be sentenced in two weeks, after a probation department review to help the judge determine an appropriate sentence. He could serve only five years, depending on Judge Noonan's ruling.

Meanwhile, co-defendant Matthew J. Wells followed Abrams into court, but he wasn't there to enter a plea. Rather the judge and attorneys were agreeing to a date for a future hearing on motions made by Attorney Thomas Burns, including a motion for change of venue.

Under questioning from Noonan, Abrams entered his guilty plea and then admitted to the bank robbery. He also said his previous confessions were true and accurate. He also agreed to testify in any trials for his co-defendants, if there is a trial (at this time, that would likely be only Wells, who is proceeding with a defense).

Co-defendant Demone Dillon entered a guilty plea two weeks ago.

Abrams and Wells remain in jail in lieu of bail.

A driver at the intersection of North Byron Road and Oak Orchard Road thought it was a four-way stop yesterday, so she proceeded across Oak Orchard Road, where her car was struck by a southbound car.

Two people suffered minor injuries in the accident. Both were transported to UMMC.

Eleanor M. Hart, 75, of 4991 Watson Road, Elba, was the driver of the second car, the one southbound on Oak Orchard. She suffered a neck injury.

One of her passengers, Burton E. Hart, 75, suffered a hip/upper leg injury.

The driver of the first vehicle, Lorraine J. Spotts, 50, of 4415 Hogmire, Avon, was uninjured in the crash.

Hart had two other passengers in her car and neither were injured: Frank Neindorf, 78, and Monica Neindorf, 72.

The accident occurred at 5:21 p.m. yesterday.

The accident was investigated by Deputy Tim Wescott.

Emergency crews from Elba and Stafford are responding to a single-vehicle motor vehicle accident at Oak Orchard and North Byron roads.

There are injuries and Mercy Flight is being called in, to land at the Stafford fire hall.

There were no serious injuries in the accident.

UPDATE, 10 a.m. Saturday.

An 8-year-old girl was killed in a one-vehicle rollover accident Friday night after the driver swerved to avoid a deer in the roadway.

Abagail Buzard, who was ejected from the vehicle, was pronounced dead at UMMC.

The SUV was driven by Courtney Buzard, 17, of Albion.

Initial reports:

Elba Rescue is responding to a rollover accident in Orleans County in which three people are reportedly injured and a baby is missing.

The single-vehicle accident is reportedly near Spoils Bank Road off Oak Orchard Road (Old Route 98).

UPDATE: There is more than one incident going on. I believe two ambulances initially responded and I believe Mercy 3 is enroute. (There's a concert at Darien Lake tonight which is also contributing to a lot of radio traffic.)

UPDATE: Three Genesee County ambulances responded, and possibly one from Orleans County. One ambulance took an 8-year-old to UMMC. Another ambulance took a 3-year-old and a father to Strong. A mother and another child were taken to Lakeside. No Mercy Flight transport reported.

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Reportedly there are no injuries in a one-vehicle rollover accident on Transit Road, just north of Watson Road, in Elba.

Emergency crews are responding.

Sen. Michael Ranzenhofer and Assemblyman Steve Hawley today announced a new law that allows court proceedings for the towns of Elba, Oakfield and Batavia to be held at a single location, which will help save money.

Ranzenhofer says in a press release: “With the passage of the Shared Court Services legislation, the towns of Batavia, Elba and Oakfield have the opportunity to consolidate facilities to provide upgraded services and decrease costs. Residents ... will see savings on their tax bills by sharing one court facility. (This) reflects the willingness of the Elba, Batavia and Oakfield town supervisors to restructure local government to save money for taxpayers."

Hawley says: “We were pleased to facilitate the towns of Batavia, Elba and Oakfield’s request for this legislation. Helping localities streamline and consolidate their efforts -- resulting in more efficient operations while saving taxpayer dollars -- is indeed a positive reflection on the supervisors of the three towns."

All three adjoining towns expressed a need for upgraded court facilities. The new law amends the Uniform Justice Court Act to allow the court proceedings to be held either in the towns of Elba, Oakfield, Batavia or the city of Batavia. The facility must be approved by all three town boards. The law takes effect immediately.

“This is a good example of how a determined effort by community leaders and their respective staffs can provide a much needed and desirable benefit for the people they serve," said Batavia Town Supervisor Gregory Post.

"This partnership demonstrates efficiency in government with unlimited potential to expand benefits to local members of our population, as well as those who visit our VA campus or other attractions our area offers. The fact that so many elected entities can come together and set aside traditional boundaries to save tax dollars (holds) promise that our future here is bright."

Elba Town Supervisor Lucine Kauffman said: "The Town of Elba sees this proposed shared courthouse facility as an innovative way to meet our courtroom safety and functional needs while saving the taxpayers' money. This bill allows us to pursue the shared facility project and improve service to our communities."

If you're looking for fresh, locally grown produce, look no further than Porter Farms on Edgerton Road in Elba.

I stopped by the farm on Tuesday morning to talk to Katie Porter (pictured above with her three-legged dog, Milo) and get a tour of the family farm, which is one of the top models for organic growers and Community Supported Agriculture in the nation.

Porter, a 2004 graduate of Elba High School and a 2008 graduate of Cornell University, says that she has worked on the farm as far back as she can remember.

"When we first started the CSA, it was my dad, my sister and I," Porter says.  "We helped him with the newsletter and the produce."

Today, as the manager of the program, she writes the newsletter, does presentations to promote the farm, makes phone calls, sends out emails, and oversees distribution of the produce.

"Basically what the CSA is, is people buy a share and we use the money to pay for seeds, labor, equipment repair, stuff like that. Then in return we give them fresh, locally grown produce. Since their money goes right into the farm, they really get to feel what it's like to be a farmer."

Porter says that she thinks this is a big part of the CSA's appeal. It is growing rapidly, with approximately 860 members, which is about 760 members more than it started with in 1996.

"If we have a bad season, the members see the results. Like this year our tomatoes weren't too good, so they didn't really get tomatoes. Or if we have an abundance of onions, they'll get a lot of onions. I think people like it not only because they get their vegetables, but because they learn a lot about farming."

The program usually begins in June and ends in November and is either $310 or $340 a share, depending on whether you choose to pick up your produce at the farm Saturday mornings, or have it delivered if you live in the Rochester area. 

"It's so funny how everyone comes here on Saturday mornings and seems to know everyone else. They just hang out and talk."

The farm, which was started in 1956 by Jack Porter, began as a beef-feeding operation.  In the 1970s the Porters decided to grow the crops they needed to feed the cattle, such as hay, corn and wheat. Eventually pigs and sheep were added to the farm. 

In 1990, due to economic downturns in the livestock market, Jack's sons Steve and Mike switched the focus to crops and began experimenting with organics. Today, the 500+ acre farm is entirely organic and, since the deaths of Jack and Steve, is run by Katie's uncle Mike Porter with assistance from Katie, her sister Sarah and the rest of the family.

"It's definitely beneficial to the environment, It gives us healthier soil and helps with biodiversity.  We're farming the way people used to farm."                                

George Michael Thompson, 32, of 310 Wilson Drive, Milton, Ontario, Canada, is charged with criminal mischief and endangering the welfare of a child. Thompson allegedly got in a argument with a woman at Darien Lake Theme Park and proceeded to cause at least $250 damage to a camping trailer owned by the facility.  A 12-year-old child was present during the incident.

A 17-year-old from Albion is charged with petit larceny for allegedly stealing $53 worth of merchandise from K-Mart.

Wendy M. Cilnyk, 25, of 9 Liberty Ave., Lancaster, is charged with DWI, refusal to take breath test and moving from lane unsafely. Cilnyk was stopped by officer Chris Camp on Pearl Street after police received several calls about an erratic driver.

Jane Amanda Richardson, 24, of 788 Route 33, Corfu, is charged with falsifying business records and petit larceny. Richardson allegedly falsified business records at the Elba Yellow Goose store. The case was investigated by Deputy Brian Thompson.

We received an e-mail reporting a working fire on Batavia-Elba Townline Road between State Street and Norton Road at 4:14 a.m.

Later, we received this picture from a volunteer at the scene.  I'll post more information about the fire as soon as I get it.

UPDATE 8:58 a.m.: The wife of a firefighter e-mailed this to us:

An Abandoned house was on fire in Elba this morning around 3:30am on  Batavia-Elba townline rd! They put it out around 5am! My husband just came  home from it and said they were waiting for someone to come knock it down to  the ground! Elba Oakfield S.Byron and town of batavia fire dept were called  and Barre was on stand by in Elbas hall.

UPDATE 9:12 a.m.: From a report filed by the Sheriff's Office:

The fire was reported at 3:17 a.m. at 4681 Batavia-Elba Townline Road, Elba. The house was vacant and owned by Ron Green, of 4975 Batavia-Elba Townline Road, Elba. The fire originated on the first floor or basement on the northeast corner.  The house was a total loss and uninsured. The cause is unknown.  Fire departments responding: Elba, Town of Batavia, Oakfield, South Byron, Byron, Albabam and Albion.

UPDATE 9:32 a.m.: Just spoke with Tim Yaeger, emergency management coordinator for Genesee County. He said the cause remains under investigation, but that the house still had electricity and water running to it, so investigators will probably be looking most closely at the possibility that it was an electrical fire.  There is nothing suspicious about the fire at this time, he said. The house is still smoldering, but it was burnt completely to the ground.  He said it's believed the house had been in an abandoned state for two months.

NOTE: We received this video this morning, but for some reason, it took YouTube a long time to process it. It's from a cellphone camera, presumably from a volunteer firefighter.

BATAVIA, N.Y. -- Demone Dillon, one of three men accused of robbing the Elba M&T Bank on June 18, entered a guilty plea this afternoon to robbery in the second degree with a recommended prison term of 3 1/2 to 10 years.

As part of the plea bargain, Dillon agreed to testify in any trial of either of the co-defendants.  He also agreed to acknowledge that his confessions the night of the alleged robbery are truthful.

Under oath, while being questioned by Judge Robert Noonan, Dillon admitted that he accompanied Michael Wells and Dennis Abrams to Elba on June 18 and that at the time he entered the vestibule of the bank, he knew the intention of Wells and Abrams was to hold up the branch.

Dillon said he held the door open because the two other suspects feared getting locked in, and he was also supposed to alert Wells and Abrams if he saw the police, but admitted he didn't watch too closely for the cops.

He also couldn't see what was going on in the branch office while the robbery was in progress, he said.

"Everybody admits he's the least culpable of the three," said his attorney, Richard R. Shaw II, after the hearing. "We think that for what he's charged with, this is a fair plea."

Shaw also said he believes at least one of the other co-defendants will soon enter a guilty plea.

The attorney for Abrams, Daniel Killelea, had a closed-door conference with District Attorney Lawrence Friedman and Judge Noonan this afternoon.

Thomas Burns, the attorney for Wells, recently filed a series of motions challenging the prosecution's case and requested a change of venue for a potential trial.

"I imagine they'll all eventually plea," Shaw said.

Dillon's bail was reduced to $250,000 cash OR $250,000 bond. Previously, it was set at $250,000 cash AND $500,000 bond.

Judge Noonan will sentence Dillon at a later date after a probation department review of the case and interviews with Dillon, family members and victims.

Demon Dillon, one of the three men accused of robbing the M&T Bank in Elba on June 18, is scheduled to appear in court tomorrow at 2:30 p.m.

The court docket lists the appearance as "plea."

When a defendant is scheduled for a plea, that often means his attorney, in this case, Gary Horton, and the District Attorney's office have reached a plea agreement. 

A "rural justice attitude" will prevent at least one of the defendants in the June 18 Elba bank robbery from getting a fair trial in Genesee County, according to Batavia defense attorney Thomas Burns.

Burns is defending Matthew J. Wells, who is accused, along with two other men from Buffalo, of robbing the M&T Bank branch in Elba, making off with at least $10,000 in cash, and then leading local law enforcement on a five-hour manhunt (with Wells being the final suspect caught).

In papers filed Thursday, Burns cites extensive media coverage of the robbery and manhunt, with special attention on The Batavian, as part of his change of venue motion.

Comments made by readers on The Batavian, as well as quotes from local law enforcement officials cited in coverage on The Batavian, indicate, according to Burns, that local jurors would be prejudiced against his big city client.

Among the five reader comments Burns includes in his brief is this one by Jeff Allen left the day after the robbery:

"Let's give major kudos to our local law enforcement agencies. The fact is these thugs thought that driving out to a hick town near a Thruway exit would be an easy knock off and escape back to the city. They got a quick introduction to rural justice. The only question that loomed yesterday was who would get them first, the police or a ticked off land owner with a shotgun! Great work everybody (Howard included), you did our area proud!"

Burns also cites quotes from Chief Jerome Brewster of the Genesee County Sheriff's Office and District Attorney Lawrence Friedman in The Batavian suggesting the suspects thought a rural bank might make an easy target.

His change of venue motion rests on three key points:

• Intense media saturation coverage in a small, rural community with "sensationalized reports" combined with instantaneous and interactive technologies.
• Lack of racial diversity in Genesee County (only 2.6 percent of the population is African-American).
• The fact that some 30 to 35 percent of the people living in Genesee County were directly impacted by events that day, primarily because of the BOCES-imposed school lock down.

But it's the news coverage of The Batavian, and the comments on posts, that take up the bulk of the motion by Burns.

The attorney argues that the nature of media has changed, making the case for venue change even more compelling. The last change of venue granted was made by a local appellate court in a 1983 murder case. The trial was moved from Livingston County to Monroe County out of concern for "rural justice" attitudes and local media coverage.

"It is submitted that widespread use of internet news services will require courts to carefully assess the impact of instantaneous news reporting from on-line news services upon small rural counties reacting to high-profile crimes," Burns writes.

"It is reasonable to conclude that the Fourth Department Justices grappling with the Acomb, supra, decision in 1983 would have found the extent of localized publicity significantly increased had that decision been made after 1992, when the internet became widely accessible to the public, and even more so today where internet news sources saturate homes and businesses with instantaneous news of local concern and provide interactive content with subscribers and readers. Of the news services cited herein only the traditional print media and Time Warner services require reader/viewers to pay a fee. 'The Batavian' cited at length in this affirmation is available 24 hours per day without fee. In contrast, in Acomb, it is believed that media resources were exceedingly limited when compared to today's media outlets."

Burns also cites "extensive negative press" following bail review hearings for co-defendants Demone Dillon and Dennis Abrams as the reason he didn't seek bail for his client. Both Dillon and Abrams were offered bail of $250,000 and bond of $500,000 following hearings in which both defense attorneys and the prosecution discussed details of the cases at length. Following both hearings, written and verbal confessions were made available in the public case files. The Batavian reported details of the June 18 events from these sources.

District Attorney Lawrence Friedman said he doesn't believe Burns will win his motion and that it's premature for a change of venue motion because jury selection hasn't even started yet.

"Normally, you wait until you select a jury and then document the difficulty in doing so because of pre-trial exposure," Friedman said.

Friedman, who said he regularly follows local law enforcement cases on The Batavian, said it's rare for media coverage to impact the ability of attorneys to impanel an impartial jury and that it's too soon to say if new media is going to make that job harder.

Burns agreed that it may seem early to file a change of venue motion, but he said court rules compel him to file all of his motions within a certain time frame. In order to preserve the rights of his client, he said, he had to file the motion before today.

On behalf of Wells, Burns filed several other motions Thursday, including one to suppress any statements Wells made after his arrest.

Burns contends that Wells was not read his rights for more than two hours after his arrest. During that time, Burns states, Wells expressed a desire to remain silent and to speak to an attorney, but investigators kept pressing Wells to talk. Wells was arrested at 2:51 p.m., but it wasn't until 5:35 p.m., when a written confession was placed before Wells to sign, that he was read his Miranda rights.

Burns also claims there is a lack of reliable eyewitness testimony to place Wells at the Elba bank. The witnesses can only describe the robbers as black, Burns contends, and cannot positively identify Wells as one of the men inside the bank.

These facts call into question the evidence provided to the Grand Jury that led to the indictment of Wells on the bank robbery charges.

Burns also tipped his hand on a possible defense. Wells, in his defense, will assert "lack of knowledge and understanding of the criminal activity as a result of duress or improper influence by one or both of the co-defendants."

The change of venue motion was filed with the New York Supreme Court, Appellate Division, Fourth Department. The other motions were filed with Judge Robert Noonan in Genesee County. Noonan will hear arguments for the motion at 10:30 a.m. on Sept. 8. There's no word on when the appellate division might issue its ruling.

Previously:

• Manhunt in progress near Townline and 63
• Elba robbery suspects identified, arraigned and held without bail
• 'I messed up,' Elba robbery suspect texted wife while hiding from police
• Third suspect in Elba robbery enters not guilty plea
• Elba robbery defendant reportedly sterling citizen prior to alleged crime
• Suspects didn't know what they were getting into when they chose Genesee County
• Two Elba robbery suspects to answer to charges in court tomorrow
• Alleged Elba bank robbers indicted by grand jury

When asked how old she is, Elba artist Patricia Burr has to think about it a minute.

"Well," she says, "I was born in 1918, so that would make me...my goodness, that would make me 91. But," she adds with a laugh, "I don't feel it."

She doesn't look it or act it, either. Burr, who has resided in Elba for the past 68 of those 91 years, is still a working artist.  

"I've enjoyed drawing for as long as I can remember. But in fifth grade, my teacher noticed that I would always draw in my books after I finished my homework. She called my parents and said, 'You know, it would be nice if your daughter could go to the art school.' Of course, I was all atwitter. I think that was really the beginning of it all."

The art school that her teacher recommended was the Albright Art School, now the Albright Knox Gallery. It was there that she took lessons every Saturday throughout grade school for 50 cents a week.

In 1939, after graduating from Buffalo State College, Burr was hired as Elba High School's first art teacher. Two years later, she moved from her native Buffalo to her current home.

Her love of art is evident just by opening up one of her 14 "fun books," which are filled with photographs and sketches of everything from carefully arranged fruit to strangers seen in restaurants. 

"Always bring a pen or pencil with you wherever you go," Mrs. Burr advises, pointing out to me an impromptu drawing of the back of a friend's house. "You see a lot of different, interesting things."

She says that one of her greatest influences was Don Getz, a well-known Ohio watercolor painter from whom she took some classes.

"He was always very well-prepared for everything. We would all watch him and say, 'Wow, this guy knows how to do it!'  We all hoped that someday we could be as good as Don. My friends and I would go on short road trips to find interesting things to draw, and sometimes Don would come with us. We all had a blast."

Now, Burr paints about three days a week and it usually takes her two days to finish one painting. She tends to work with acryllics and paints mostly landscapes and portraits, although she has been known to paint everything from pets to whiskey bottles, as pictured below.

"There's nothing I don't like to draw," she declares.

Charles Zambito will be honored by Batavia Downs on Aug. 29 as the second Genesee County resident to receive its now annual "Italian-American of the Year" award.

Joe "The Mayor of Batavia" Gerace received the first award last year.

Zambito, an attorney who was born and raised Elba and now serves as a Genesee County legislator, will receive the award inside the winner's circle at Batavia Downs.

The award honors a local Italian-American who has made a significant contribution to the community.

Zambito was elected to the Genesee County Legislature in 2001. He serves as the legislature’s liaison to the Genesee County Chamber of Commerce and Genesee Community College.

A father of three, Zambito, 57, is a trustee of St. Padre Pio Roman Catholic Parish, where he also serves as a lecturer and usher. He is chairman of the Town of Elba Republican Committee and member of the county GOP committee.  Zambito is a former attorney adviser to the Genesee County Mock Trial Program, member of the Batavia Rotary Club, Genesee-Orleans Cornell Club and active with the Paolo Busti Foundation.

Zambito and his wife, Pat, will celebrate their 25th wedding anniversary in September.

Italian-American Night is one of several ethnic celebrations at the Downs during racing season, now through Dec. 5. Anyone wishing to make reservations to attend the Aug. 29 festivities may contact Arna Tygart at (585) 343-3750 (Ext 437).  A special Italian Buffet will be served and live music will be featured with The Formula Band.