A Le Roy police officer has been dispatched to the Main Street bridge over the Oatka Creek to investigate a report of "three young kids" jumping off the bridge into the creek.
UPDATE 5:21 p.m.: An officer is clearing the scene after speaking to the juveniles.
In the case of the People v. Antwan Odom, the District Attorney wants the defense attorney to shut up -- at least when it comes talking to reporters -- and the defense attorney wants the DA disqualified from the case.
In other words, the case of the People v. Antwan Odom has been reduced to two attorneys squabbling about what happens outside the courtroom.
The attorney vs. attorney dispute dates back to May 3 when Odom's attorney Frank Housh told reporters that he would defend his client by trying to show jurors that the fellow student Odom allegedly stabbed on Ross Street on Aug. 4.
In court on May 3, Housh said he intended to file a motion to get evidence introduced, in order to mount a self-defense claim, that impeached the character of Ray Leach, the local football star Odom allegedly cut with a knife multiple times, so outside of court, reporters asked him to clarify his motion.
"The fact that Ray Leach is known in the community to be a violent person, to be a confrontational person, who confronted (Odom) -- by the prosecution's own admission -- he was the first aggressor," Housh said outside of court on May 3. "He went to my client's house and called him out and beat him into unconsciousness.
"So, under those circumstances, to say, when the prosecution is admitting that he was the first aggressor, to say that his history of violence and intimidation is irrelevant is simply absurd. We should be able to bring that up because it goes to the circumstance of his justification."
District Attorney Lawrence Friedman included the quote in a May 8 filing with the court requesting a gag order on both attorneys in the case.
In court today, Housh also revealed that Friedman filed a grievance against Housh with the state courts for "unprofessional conduct."
"Now I feel there is a parallel prosecution by the elected District Attorney of me and my client," Housh said.
He said that raises a sufficient conflict of interest that Friedman should be disqualified from continuing as the prosecutor on the case.
That motion was continued until Odom's next court appearance on July 2.
Friedman, according to court discussions today, filed a one-sentence objection to the motion for disqualification.
Today, Friedman complained to Judge Charles Zambito that Housh was trying to get him disqualified from the case for following through on his ethical obligation to file a grievance over what he saw as unprofessional conduct.
Friedman said that as far as he knows nobody is prosecuting Housh and that he is not prosecuting Housh by following his "ethical obligation to report ethical misconduct."
"He says I'm seeking his disbarment," Friedman said. "I'm not seeking his disbarment. I followed through on the ethical obligation I have. All I wish to do is make sure he is able to remain professional and does nothing to violate professional conduct."
In his filing with the court, Friedman asserted that Housh's statements about Leach violated the rules of professional conduct, specifically the rule that prohibits attorneys from making statements could prejudice a jury, including statements relating to the character or credibility of a witness.
In the Order to Show Cause, Zambito ordered Housh and Friedman to show why they shouldn't be barred from "making statements to the media regarding anything involving this case."
The Batavian has filed a memo with Zambito objecting to the order. While judges in criminal cases can restrict what attorneys can say to the media, such orders, according to prior case law, can't be overly broad; can't apply to parties other than the attorneys in the case; and should consider how much time before the trial the statements are made.
In addition, both attorneys can use the jury selection process to identify potential jurors who should be disqualified because media exposure has tainted their view of the case.
Gag orders can act, courts have found, as a form of prior restraint (the government censoring speech before the speech is made), which violates the First Amendment.
While cases such as Gentile v. State Bar of Nevada have given courts leeway to restrict speech by attorneys because of their special access to information, in order to issue a gag order, courts have ruled that: a judge must make specific findings; consider less drastic alternatives; and narrowly tailor the order to address identified harm.
(For support of statements about gag orders in this story, see this brief filed by attorneys for the Reporters Committee for Freedom of the Press in another criminal case).
Courts have repeatedly found that a free press is essential to ensure fair trials, as in the 1965 case, Sheppard v. Maxwell.
"A responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field," the Supreme Court said in its ruling. "The press does not simply publish information about trials, but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny.’’
In CBS Inc. vs. Young, a case that vacated a gag order, the court found that the newsgathering rights of a free press extend beyond the courtroom to include access to sources and court documents.
Asked to comment on the gag order by Zambito, an attorney for the Reporters Committee for the Freedom of the Press, Sarah Matthews, provided the following statement:
Although courts may restrict what attorneys can say about a case outside the courtroom, it raises First Amendment concerns when courts issue broad gag orders on attorneys that go beyond what the ethics rules require and actually bar any discussion of a case.
Meanwhile, Housh has shown he's fearful of even being seen nodding in the direction of a member of the press since Zambito issued the Order to Show Cause.
A few days after the order was delivered, a reporter ran into Housh at a local restaurant and Housh made it clear he didn't want to be seen talking to the reporter, and today when that reporter entered the courtroom and gave Housh a friendly wave, Housh shook his head as if to say, "don't even wave at me."
Below, selected quotes. For the fuller context of each quote, watch the videos.
Thank you to Western and New York for love and support
David Bellavia opened the press conference acknowledging all of the Western New Yorkers who have contacted him over the past 72 hours and then discussed how the men who served in Vietnam didn't benefit from a warm homecoming, and that many veterans do not get the recognition they deserve.
"I just wish that more Vietnam veterans, Korean War veterans, everyone guys at V.A. hospitals. can feel half the love that Western York has given to me, and most importantly. the Gold Star families in Western New York and Rochester. These men and women have given up their sons and daughters and there's really, it's not just Memorial Day, it isn't one day a year for these families; it's every single day. And we still live with that and we still think about them. And you know I think about them, too."
The benefits of military enlistment
"If there's anything that can come out of this, hopefully, young people in Western New York will we'll see their country as more worthy than anything else in their life. We are a very special institution, the United States Army, and I encourage as many people to look at that as an opportunity to better themselves but more importantly better their communities and their country."
The call from the president
Bellavia said he was told in August that he would be receiving a call from a top official in the Department of Defense, though he didn't know why. When the call was repeatedly delayed, he admitted to some frustration
"I really didn't know who that could have been. It could've been Secretary of the Army. It could've been Secretary of Defense. But that senior member of the DoD was very difficult to get on the phone. So no offense to Secretary of the Army; I'm sure he's a busy person. But he can't be that busy because there was a very difficult time to get that individual to allocate time. I had no idea that the senior member of the DoD, he was the senior member of the DoD, being the commander in chief.
"It was pretty humbling. It was pretty life altering.
"I lost my dad a year ago and yesterday would've been his 75th birthday. It was pretty crazy that the White House announcement came on his birthday, but my dad was my hero. I loved him. I spent every day talking to him. When I deployed my dad would, he would type up play-by-play of the Buffalo Bills games as if I had no access to get scores in the Army. He would take the time to write me a six-page letter single-spaced (letters) on every play. I would read these no matter where I was, Kosovo, Germany, or Iraq and we just talked about the Bills no matter how bad the day was, it was about the Bills.
"My dad would always tell me something and I always thought he was just uncool because he's my dad but he'd always say, 'way to go.' He'd say, 'way to go, man.' That's what my dad would say. No one else has ever said that to me in my life because it's not something you would expect anyone to say. But as the whole conversation with the president he's going on, I'm not even listening. I'm just kind of...but at the end of it, he said. 'Good job. David. Way to go, man.' That's what the president said and I haven't heard anyone say that to me but my father and it just brought me right back down to Earth."
On being an Iraq War veteran
Bellavia acknowledged that the Iraq War is a controversial war and that many people believe the United States entered the war because of faulty intelligence.
"Listen, you know I'm not going to pretend to write -- the narrative the Iraq war as well established but the Iraq veteran has nothing to apologize for. The Iraq veteran has served with the same, in the finest traditions of any other generation at war. And, you know, there's a whole lot of men and women who -- Yeah, everything's changed. I have to represent those people because that's what we have to do.
"I can't tell you that looking back and seeing how a lot of people tend to look at the valor of a generation and say well are these good wars or bad wars. Iraq veterans are walking around with chips on their shoulder because they're regarded as part of the bad war the war of choice, the war that was based on bad intelligence and you know we're free to think and decide whatever you want. I think the narrative is written on that. But I would just caution us to not make the veteran feel the weight of that. I don't think it's their responsibility. Ninety-nine percent of these men and women served with honor and distinction and we really shouldn't have to apologize for where our nation sends us to fight."
Thoughts on the battle that led to the Medal of Honor
"When you go through a graveyard and you see someone born and died on the same day, you know, I always see that on a tombstone and think, you know, that's got to be horrible and I just imagined how someone could explain to my son why I chose to do this. I wanted someone to be able to articulate to my kid that it's not that I don't love you, it's that I love these guys, too. We're in this together and that's why it's so important to me to tell as many Gold Star families that if the roles were reversed their sons would be talking to my mom, and their sons would be talking to my kids, and their sons would be saying, 'don't forget what your son did.' "
On veterans and being a veteran
"I happen to believe that veterans make the best neighbors you can have. I think we make great employees. I think we make great teachers. I think we make great friends.
"I'm forever grateful to the United States Army they gave me purpose and direction they gave my life meaning and value. I'm a better human being because of my service. And I think most of the people that I've served with can all tell you the same thing. And I encourage any man or woman that wants to become an individual in their community to serve the United States military."
On how he's changed since Fallujah; veterans are anti-war (from the interview)
"You know, I never saw the enemy as people. I think, now, when I have, when you have children, you think you know, obviously, you want your guys, America, the good guys, to be OK. But I also think back to, I don't want the enemy's children to take the road that their dads took. I don't want my kids to be fighting in conflicts with another generation. ... What are the things that we can do, especially when it comes to acknowledging that a lot of people think that war guys, veteran guys are pro-war, that we love this. You know, we're pretty anti-war. I mean, I don't know of any veteran that you've talked to that is like, 'this is the greatest thing in the world.'
"We're violently anti-war but with the goal, the end state is that we won't do this anymore. I mean, if you would've told me that I would join the Army because my son and daughters would also get to have this experience, I never would have done it. It's not worth it. You fight so that it stops here and it doesn't continue. And it would be heartbreaking to know that this is going to go on for another 25 years."
We also asked about his political future and he suggested he will not be a candidate for Congress in 2020. He said he believes the Army will keep him busy for the next 18 months to two years with Medal of Honor appearances.
There were dozens of vehicles on display Saturday for the Bergen Park Festival Classic Car Show. Our video features Batavia resident Darell Mase and his 1957 Ford Fairlane.
A motor-vehicle accident, a car into a tree, with unknown injuries, is reported in the area of 8251 W. Bergen Road, between Randall Road and Selden Road, Le Roy.
Le Roy fire and Le Roy ambulance dispatched.
UPDATE 11:33 p.m.: Law enforcement on scene reports the driver is out of the vehicle and walking. Responding units can come in non-emergency.
Saturday residents of Bergen enjoyed perfect weather for the 30th Bergen Park Festival and the annual parade.
Watch for two more videos we'll post later from the Bergen Festival.
The Department of Defense today released this video of Batavia resident David Bellavia discussing the fight with insurgents in Fallujah, Iraq, that led to his nomination for a Medal of Honor, which he will receive in a White House ceremony on June 25.
There is also an Army webpage available about Bellavia and the award.
Official announcement:
On Tuesday, June 25, 2019, President Donald J. Trump will award the Medal of Honor to David G. Bellavia for conspicuous gallantry while serving as a Staff Sergeant in the United States Army.
Then-Staff Sergeant David G. Bellavia will receive the Medal of Honor for his actions on November 10, 2004, while serving as a squad leader in support of Operation Phantom Fury in Fallujah, Iraq. Then-Staff Sergeant Bellavia was clearing a block of houses when his platoon became pinned down. He quickly exchanged an M16 rifle for an M249 Squad Automatic Weapon, entered the house where his squad was trapped, and engaged insurgents, providing cover fire so that he and his fellow soldiers could exit safely. A Bradley Fighting Vehicle arrived to help suppress the enemy, but it could not fire directly into the house. Then-Staff Sergeant Bellavia reentered the house, armed with an M16, and assaulted insurgents who were firing rocket-propelled grenades. He proceeded to kill one insurgent and wound another, who then ran to another part of the house. Then-Staff Sergeant Bellavia was soon engaged by another insurgent rushing down the stairs when the previously wounded insurgent reemerged to engage him as well. Then-Staff Sergeant Bellavia returned fire, killing both attackers. He then took enemy fire from an insurgent who had appeared from a closet across the room. He pursued him up the stairs and killed him. Soon thereafter, he moved to the roof where he engaged and wounded a fifth insurgent, who fell from the roof of the building. That remarkable day, then-Staff Sergeant Bellavia rescued an entire squad, cleared an insurgent strongpoint, and saved many members of his platoon from imminent threat.
PERSONAL BACKGROUND:
David Bellavia enlisted in the United States Army in 1999. After previously serving in Kosovo, he deployed to Iraq in 2004 with Company A, Task Force 2-2, 1st Infantry Division. He was released from duty on August 16, 2005. David now has his own daily radio talk show for WBEN in Buffalo, New York. He continues to serve the military and veteran communities through a number of philanthropic organizations.
ADDITIONAL INFORMATION
THE MEDAL OF HONOR:
The Medal of Honor is awarded to members of the Armed Forces who distinguish themselves conspicuously by gallantry and intrepidity at the risk of their own lives above and beyond the call of duty while:
- engaged in an action against an enemy of the United States;
- engaged in military operations involving conflict with an opposing foreign force; or
- serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
The meritorious conduct must involve great personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life. There must be incontestable proof of the performance of the meritorious conduct, and each recommendation for the award must be considered on the standard of extraordinary merit.
Press release from AAA:
Today’s national average price for a gallon of gasoline is $2.75, down 6 cents from last week. One year ago, the price was $2.92. The New York State average is $2.90 – down 3 cents from last week. A year ago, the NYS average was $3.07. AAA Western and Central New York (AAA WCNY) reports the following averages:
- Batavia - $2.83 (down 1 cent since last week)
- Buffalo - $2.87 (down 1 cent since last week)
- Ithaca - $2.84 (down 2 cents since last week)
- Rochester - $2.84 (down 3 cents since last week)
- Rome - $2.86 (down 1 cent since last week)
- Syracuse - $2.81 (down 3 cents since last week)
- Watertown - $2.88 (down 5 cents since last week)
Gasoline stocks rose again last week though they remain much lower than last year. If stocks continue to increase, alongside declining oil prices, American motorists will likely see the cost of gasoline continue to fall at their local gas stations this week.
Summer 2019 gasoline demand is forecasted to be extremely high -- reaching some of the highest levels on record in the United States. If the country sees warm summer weather that encourages travel and demand reaches expected levels, pump prices could see modest increases, especially if supply is tight in local markets.
Glenn S. Loomis Post 332, Batavia American Legion, celebrated its 100th Anniversary on Saturday in Centennial Park.
The girl's basketball team at Oakfield-Alabama held a color run Saturday as a fundraiser for the program.
UPDATE 10:41 a.m.: The person has been identified and has been in contact with police. The investigation and interviews are continuing. No further update from Le Roy PD pending further investigation.
A man is suspected of approaching young girls in the area of Wolcott Street School and asking them if they had any piercings followed by a request to photograph the piercings claiming he was going to post them on his web site.
Police are asking the public's assistance in identifying the man.
He is described a white male, late 20s to early 30s, with short/buzzed hair, wearing a gray t-shirt with an unknown logo and "size matters" on it, along with gray shorts, and gray shower shoes/slip-on sandals.
He was carrying a DSLR camera.
Police believe the man was picked up by another individual driving a red/burgundy four-door sedan.
The incident occurred around 3 p.m., Saturday.
Anyone with information on the identity of the male subject or anyone that has been approached or has had a child approached by the subject is asked to contact the Le Roy Police Department at (585) 345 6350.
Five former residents of the Batavia PTSD Clinic who died within the past year were honored and remembered Friday in a ceremony that including reading their names (their names will be added to bricks in a path to the memorial flag pole) and laying a wreath in their honor.
The five veterans honored were:
Volunteers from fire departments in Pembroke, Indian Falls, East Pembroke, Darien, and Corfu, along with personnel from the Sheriff's Office, Coroner's Office, C.B. Beach Mortuary, Mercy EMS, and Mercy Flight, conducted a DWI drill Friday afternoon for the benefit of seniors from Pembroke High School in advance of tonight's prom.
Previously (ICYMI):
The Batavia Downtown Public Market opened Friday at Alva Place and Bank Street.
A two-car accident with injuries is reported on the Thruway in the westbound lane at mile marker 398.7.
East Pembroke fire and Mercy EMS dispatched.
UPDATE 9:53 a.m.: Two vehicles, two patients, one complaining of injuries. "We'll be all set with the resources we have," says a first responder.
UPDATE 10:12 a.m.: East Pembroke assignment is back in service.
Members of Batavia City Fire, IAFF Local 896, were at locations on Main Street and Ellicott Street in Downtown Batavia today for their annual Fill the Boot campaign to raise money for MDA.
This year, they raised more than $11,000 from thousands of small donations by residents passing by the firefighters with boots.
Le Roy Fire Department, with assistance from Le Roy PD and Le Roy Ambulance, staged a simulated DWI fatal accident to help make seniors at Le Roy High School more aware of the dangers of distracted driving, and drinking and driving.
Smokin' Eagle BBQ & Brew kicked off its 2019 Battle of the Bands on Thursday night with two acts taking the stage and a check presentation to Golisano Children's Hospital for $3,100.
This season's goal: $5,000.
The lineup for the remainder of the summer series:
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