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Batavia PD's Frank Klimjack retires after 28 years in law enforcement

By Howard B. Owens

Officer Frank Klimjack called out of service for the last time this afternoon, ending more than 20 years with Batavia PD and 28 and a half years total working in law enforcement in the state.

The Buffalo native served in the military before taking a job with the state parks police in New York City. From there he transferred to Long Island, then Western New York, and then decided Batavia was a good place in the middle of Western New York to settle in and call home.

"I've had a good long career and I'm leaving on a high note," Klimjack said. "I could have done a few more years but just the way things worked out, it’s a good time to go."

He's loved living and working in Batavia, he said.

"It’s a great place to work," Klimjack said. "It’s a great community. It’s got its up and downs just like any community but it’s a good solid community. A great place to raise kids."

Klimjack and his wife have bought a home in Tennessee and will relocate there soon and he told us with a smile, "I’ll be down in Tennessee spending my New York State pension and paying a lot less in taxes.”

Photos: Four Poets in Search of an Answer

By Howard B. Owens

Eric Zwieg reads one of his poems during a poetry reading Thursday night at Moon Java Cafe on Harvester Avenue in Batavia.

The "Four Poets in Search of An Answer" reading also featured Jen Ashburn, Jason Irwin, and Scott W. Williams.

Jason Irwin

K-Kids prepare 4,000 Easter eggs for big hunt April 20

By Howard B. Owens

K-Kids at St. Joe's yesterday filled 4,000 plastic Easter eggs with candy and prizes for the annual Kiwanis Club Easter Egg Hunt at Centennial Park at 9 a.m., April 20.

Hundreds of children from the area are expected to scramble for Easter eggs during the hunt. 

From left, Ben Landers, Addison Yasses, Guinnevere Clark, Summer Campopiano, Maria Prattico, Eliana Therrien, and Logan Dryja.

Sponsor of farm labor bill visits farmers and farmworkers in Batavia and Elba

By Howard B. Owens

 

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Sen. Jessica Ramos, a first-term state legislator from Queens, and sponsor of the Farmworkers Fair Labor Practices Act visited Batavia and Elba yesterday to meet with farmers and farmworkers at the invitation of Sen. Michael Ranzenhofer.

In the morning she and Ranzenhofer hosted a discussion with more than a dozen area farmers and some of their workers in the foyer of the Call Arena at Genesee Community College. That event was closed to the press and a reporter who showed up was asked to leave.

In the afternoon, Ramos visited the Torrey Farms Big-O onion packing facility in Elba and when The Batavian arrived, we were not asked to leave and were able to obtain exclusive coverage of the event. We were unable to interview Ramos at the event because of a scheduling conflict but expect to be able to talk with her soon.

At yesterday's event, we spoke with farmworkers and farmers and were told repeatedly that farmworkers do not favor the farmworkers bill because they fear it will mean fewer hours and less money.  

Farmworkers said they understand the weather-driven variability of farm work and they said that it is critical to their ability to making a living that they be able to pack in as many hours in a week as they can when the sun is shining. They depend on the income to take care of family members back home, their families here, to pay mortgages, send kids to college, and fund their own business-ownership dreams.

Farmers said that if the proposed overtime laws pass, they will be forced to reduce hours worked by their employees and that their migrant employees, who don't have ties to the area, will likely leave for nearby states such as Pennsylvania and Ohio, where they can work as many hours as they want.

UPDATE 11:20 a.m.: Sen. Ramos canceled our interview scheduled for this afternoon.

As many as five title fights expected at second Throwdown at the Downs

By Howard B. Owens

Quentin Marozzi, a resident of Caledonia, can't wait to defend his MMA title in the 135-pound weight class in the Throwdown at The Downs on June 15.

"I am pumped," Marozzi said. "I'm ecstatic. I'm ready to go. I'm so honored to be here to do what I do. It's what I live for."

Batavia Downs is once again teaming up with local mix martial arts promoter Richard Mitchell and Ground Force Fights.

"Oh man," Mitchell said, "obviously last year's show was big, big. This year is going to be bigger. We're going to have 15 to 20 flights again and a lot of exciting fighters. There will be at least five title fights, maybe more."

Local fighters on the card so far include Peter Flanagan, Kenny Hale and Steven Kleckler.

Heavyweight Jon Marconi returns from Canada to defend his title.

Shotzie Doran, from Rochester, is also fighting.

"Honestly, I just love fighting and I'm just humbled by the entire experience, so I'm happy to be here, happy to be a part of it," Doran said.

Marozzi said he's looking forward to taking on the challenge of a fighter who comes to MMA from wrestling.

"He's really tough," Marozzi said. "He's undefeated. I'm looking forward to really going out there with a wrestler. Most wrestlers I've fought have a really good jaw. So we're going to test his jaw and see how good it really is. He's a good guy. He's humble and he's respectable so he's going to be a good opponent. It's going to be a good time."

Marozzi said he's also pleased to be fighting again in one of Mitchell's events.

"He takes care of his fighters," Marozzi said. "He cares about the fighters in the ring and out of the ring, in their lives and at camps. He's not like a lot of promoters who really just care about the fighter to showing up. He actually cares about his fighters. He's the best promoter I've fought for and I've had like 15 fights."

“We are excited to have Ground Force Fights back at Batavia Downs,” said Henry Wojtaszek, CEO/president at Batavia Downs Gaming. “After the success of last year’s event, we began talks almost immediately on putting together another event here in June of 2019. We’re looking forward to another great night of fights that will entertain the passionate MMA fans of Western New York.”

Tickets are on sale now at bataviaconcerts.com. Doors open at 4:30 p.m.; event starts at 6 p.m. Tickets are $35 for General Admission and $55 for VIP seats closer to the cage. Lawn chairs (which are normally permitted for other Batavia Downs events) are NOT permitted for this event. There will be limited chairs and bleacher seating available.

Each concert ticket is also redeemable once at Player’s Club in the three days following the event for $15 Free Play to be used on one of Batavia Downs Gaming’s 800+ gaming machines.

Photo: Quentin Marozzi, Richard Mitchell and Shotzie Doran.

Voters in Darien turn down proposed water district

By Howard B. Owens

Press release:

The mandatory referendum on the establishment of Water District No. 6 in the Town of Darien has been completed. The result of the April 10, 2019 referendum is 684 “No” votes, 183 “Yes” votes and one Affidavit vote still pending validation.

While the vote count remains unofficial, the result of the referendum will not change. Therefore, the Establishment of Water District No. 6 in the Town of Darien is not approved, and the Town is proceeding to file the required documents to close out this action. 

David Hagelberger, Supervisor

Local farmers raise concerns about farm labor bill in New York

By Howard B. Owens

 

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Proposed changes to farm labor practices in New York would likely destroy the state's agriculture industry, with a spill-over effect on many other businesses in local communities, and ultimately lead to families getting out of farming, a group of local farms said Wednesday at a press conference at Stein Farms in Le Roy.

The farmers gathered to raise concerns about the Farmworker Fair Labor Practices Act now making its way through the New York State Legislature.

"We're at the point I think where this has the potential to be the single greatest economic devastating effect on agriculture in New York in my lifetime," said Dale Stein, senior partner at Stein Farms.

The bill's chief sponsor and supporter, Sen. Jessica Ramos, from Queens, is in Batavia today, as a guest of Sen. Michael Ranzenhofer, to meet with area farmers and listen to their concerns. The press conference was called in advance of that meeting so farmers could share their concerns with the broader public.

"We just aren't heard now very well by Downstate And it's not they're not good people and don't care. They do. Our people want to work. They don't want 40 hours a week. They don't want eight hours a day as my staff tell me. I don't want to sit home and watch TV. I'd rather come and work. We offer them extra hours if they want they come and work. They don't want us at home. They want to make all the money they can."

Stein, along with Jeff Toussaint, an Albion farmer, and Jim Starowitz, a farm employee in Byron, not only talked about the potential costs of the bill, which would institute new overtime rules, reduce weekly working hours, and other regulatory burdens for farms, but also how unnecessary the bill is because of laws already in place, the above-minimum-wage pay scales in place at farms now, and the desire of farm workers to work while there's money to be made.

The bill would also allow farm workers to join labor unions.

"I'm here to tell you that apples are a perishable crop and I can't emphasize that enough," Toussaint said. "They have to be harvested on time. If apples are left in the orchard too long they become soft and we're unable to store them. In just a matter of a few days of becoming overripe, they can lose 50 to 75 percent of their original value. A strike during harvest season would ultimately be catastrophic."

Starowitz said the increased costs associated with the bill would eventually put a lot of farm workers out of work.

"The costs are an additional $200,000 a year," Starowtiz said. "That equates to an extra $32 a tonne (aka metric ton), or almost a thousand dollars an acre. If all states where there are growers are on the same level, we could pass our cost along like every other business.

"But this is a state law that puts us in a noncompetitive position with other states. It increases labor cost and over time we will be no longer able to raise our vegetables. We'll have to move to a row-crop-only business or close our doors."

Maureen Torrey, co-owner of Torrey Farms, joined the conversation and said besides making it harder for her to compete nationally, the proposed changes will also make it harder to attract farm labor to New York.

"We have a limited pool even of visa workers," Torrey said. "They're going to go work where they can get a minimum of 60 hours or more."

Bonfires reported on Wood Street and Manhattan Avenue, Batavia

By Howard B. Owens

Bonfires are reported in the backyards of homes on Wood Street and Manhattan Avenue, City of Batavia.

City fire and Batavia PD have been dispatched to both locations.

UPDATE 8:51 p.m.: At the Wood Street location, the occupants are smoking brisket. The City fire assignment to that location is back in service.

UPDATE 8:54 p.m.: A scene commander tells dispatch there's no need for law enforcement at the Manhattan Avenue location.

Photos: An old car parked in Byron

By Howard B. Owens

I don't know enough about vintage cars to tell you the make or year of this vehicle but driving through Byron this morning I found it sitting outside a building in the hamlet.

No cuts in music planned in Le Roy school budget; reading and business instruction gets boost

By Howard B. Owens

The sound of music will still be heard in Le Roy in the coming school year despite concerns that rippled through choral classes that the Central School District Board of Trustees wanted to scale back the program.

In fact, school officials hit all the right notes in a boardroom packed with music students and parents who came to Tuesday's meeting in response to rumors that a chorus teaching position would be eliminated in the proposed 2019-20 budget.

Board President Jackie Whiting told the group that just as there are six teachers in the music department now, there will be six music teachers at the elementary and middle school/high school next year.

Rather than cutting position, the district is adding the equivalent of two and a half teachers, if the budget is approved by voters, in 2019/20, including a special education teacher specializing in reading for first- and second-graders, and a teacher for business education classes (such as computer science, career and finance, advertising and marketing, and accounting).

Superintendent Merritt Holly indicated that the concerns about the music department seemed to stem from a thorough and exhausting budget process that had the budget and finance committee asking a lot of hard questions about what should stay and what should go and what should be added in the coming school year.

"In our conversations we looked at every area inside this budget to provide a program that is, number one, fiscally responsible, and number two, moves up the level of our students up so they can compete, not only in our region, not just in Western New York and Upstate, but across the country and, in fact, as part of the global economy," Holly said.

Like many school boards, Le Roy's allows a forum for public comment early in its agenda and then the public is not given a chance to speak during board discussions of actual agenda items. So before budget came up for board discussion and the members in attendance actually knew no teachers were being eliminated from the music department, four people stood before the board and made their case for retaining a full complement of music teachers.

Speakers include Rita Pencilla, representing the Music Boosters, Megan Privatera, a senior, Aubry Puccio, an elementary school student, and Matthew Austin, a parent.

They all made points about the importance of music to education, the role music plays in shaping students and improving their grades and test scores, and the importance of Le Roy's music programs to the community.

"We have a large number of students who go on to study music or participate in music after graduation," Pencilla said. "This pattern shows that we are cultivating talent and these students need solid foundations in music before graduating."

She added later, "Many studies support the importance of music education and how it improves language and reasoning skills, and the spatial intelligence needed to solve advanced mathematics problems. Students involved in music education are more successful on standardized tests and get better grades."

Austin admitted he's tone deaf and owns the largest collection of guitars of anybody who can't play guitar, but said he's amazed by the progress he sees over the years of students advancing through the district's music programs.

"I’ve really come to appreciate the teachers because they’re here all the time," Austin said. "They give and they give and they give. They’re not just creating singers or dancers or players. They’re creating future citizens that are going to rock the world."

Before telling those in attendance that the budget did not include music department staff cuts, Whiting explained a bit about the budget process.

"None of the decision making is random," she said. "It’s not rash, and it definately involves our staff. They are the key to what happens here, too. In discussions with staff, scenarios may be thrown out, what if we did this, what if we changed that, what if we thought about this. What would it look like if we had one less staff? And that was a discussion that brought all of you people here today. But it was part of a discussion where there is a lot of options."

The proposed budget is $25,909,998, which is $710,770 more than the current fiscal year.

The state's cap on property tax levies would allow the district to increase its local levy 3.45 percent, said Business Manager Brian Foeller. The district is proposing a tax levy increase of 2.89 percent.

The actual proposed budget has not yet been made available to the public yet but there is a vote scheduled for May 2.

Among the highlights outlined by Holly and staff at Tuesday's meeting is the addition of a reading specialist for first- and second-graders.

"If we don’t have students ready to go at grade level by third grade, then we're fighting an uphill battle in math," Holly said.

He gave credit to Wolcott Principal Carol Messura for advocating for the position, even while he pushed back and challenged her on the need.

"Early intervention is the key and we just do not have enough staff to support that early intervention need down in the primary house," Messura said. "With the addition of a reading teacher, my focus will be my first and second grade. It will make a difference."

High School Principal Tim McArdle made the case for increasing the business instructor core from the equivalent of one and a half teachers to three.

"We've been very methodical with business and allowed the data to speak for itself," McArdle said. "We've looked at the number of students who are interested and who are going to college in this field. We're up now to 140 students for the third straight year, up from below 100, the upper 90s, in previous years."

One piece of consistent feedback alumni give is that they wish there had been more computer science instruction available when they were in school and that every student should take the career/finance course.

McArdle said he hopes to see 90 percent of the graduates with that course on their transcripts.

Holly said he felt now is the right time to expand what the school offers to juniors and seniors in business instruction.

"We’re ready right now to make that next step for our students in offering an elective set at the junior and senior level that I would put up against anybody in our region pound for pound with our student enrollment," Holly said.

Matthew Austin speaking.

Jackie Whiting at the head of the table.

Merritt Holly, superintendent.

At the start of the meeting, Josh Englerth was recognized for his Section V title in wrestling.

City fire cleans up Clorox on Ellicott Street after truck accident

By Howard B. Owens

A tractor-trailer hauling Clorox failed to stop in time to avoid hitting another truck on Ellicott Street just north of Cedar Street, Batavia, at 6:37 p.m.

The load of the trailer shifted and some containers of Clorox broke open causing a spill of the chemical.

Firefighters used low-flow water pressure into the bed of the trailer, under the pallets to dilute and wash out the Clorox and then water on the street to dilute and wash away the bleach.

Firefighters also used absorbent to clean up engine fluids from the roadway.

No injuries were reported.

City fire and Batavia PD responded to the scene and the northbound lane was blocked for more than two hours.

When Jerry Brewster walks out the Sheriff's Office door for the last time Friday, he will leave behind a job he still enjoys

By Howard B. Owens

Jerry Brewster likes to talk.

He could probably talk the tail feathers off a pheasant.

He's certainly talked a few people into admitting to things they would have rather have kept quiet, such as burglaries, rapes, arsons, and even murders.

Brewster said getting confessions is one of the most satisfying parts of being a criminal investigator, a job he's held since 1988 as part of a 44-year career with the Genesee County Sheriff's Office that ends this week.

"When I was actively investigating cases, I would get a lot of confessions and come Tuesday when there's a grand jury, I might be going into a grand jury four, five, six times talking about different cases that I investigated and they all had confessions," Brewster said. "I remember one day I was in there and at the end of the grand jury proceeding there is an opportunity for the grand jurors ask questions. After about the fifth time I was there one afternoon, ... the district attorney asked if there were any questions and a guy raised his hand and said, 'I don't have any questions (about the case) but I want to know, how does he get those people to talk to him?' "

How many confessions has Brewster coaxed out of reluctant suspects? He couldn't tell you.

"I just never thought about it," Brewster said. "I just don't know. I do what I do and then I move on. I never did the chalk-mark-on-the-wall kind of thing."

However many cases Brewster has cracked, it's surely not bad for a kid from Oakfield who was a math/science major with an eye on a career as a pharmacist when he got a job offer under the Comprehensive Employment Training Act program for an emergency dispatcher position.

He was 22 years old and had worked for Agway and Montgomery Ward.

"The economic situation being what it was, I was doing a balancing act in my mind," Brewster said. "You know, here's a job where the money and benefits are good or going into the unknown. I just had to go into the job at the Sheriff's Office. I didn't know if I was going to like it. It wasn't anything that I had thought about that much but it just kind of grew on me. And apparently, I must have had some skills or was somewhat adept at it so and it ended up being a good fit."

From dispatcher to deputy working in the jail, to road patrol, Brewster's early career moved on quickly.

Road patrol, that was something he liked. It wasn't long before he was promoted to sergeant. But it was also on road patrol where he discovered that he liked helping victims get answers but he also learned that the cases that took the most work -- usually felonies -- were often handed off to investigators.

Brewster was hooked both on helping victims and coaxing confessions when he helped an Oakfield resident, a person he knew, recover a stolen canoe.

"I only had a description of the canoe," Brewster said. "We didn't have serial numbers or anything like that. I happened upon a car over in Four Corners in Byron and here was a canoe that kind of looked like the one we were looking for, and I started talking to (the driver) about it and he had some answers that weren't quite adding up and eventually was I able to get a confession roadside from him."

That experience helped convince Brewster to accept a position -- even though it was a step down from sergeant -- as an investigator. Six years later, in 1994, Brewster was promoted to chief deputy in charge of investigations.

Patience, Brewster said, is the key to being a good investigator. You also need to be intelligent, educated, willing to listen.

"You have to be a good judge of character," Brewster said. "You have to be able to use the eyes in your head and your senses to try and figure out when somebody is not being truthful. Let's face it, in this position in this career that we have chosen, most people don't tell you the truth."

It's interesting, Brewster observed, that most parents teach their children to always be truthful, except when dealing with cops.

"You're in a backseat when dad gets pulled over for speeding and the first thing he says is, 'I wasn't speeding,' Brewster said. "So, it was OK to lie to the police and it kind of pervades today, which is OK. We understand. We're not angry about that. We just realize that most people, when we ask them the first time, they're not going to tell us the truth."

Early in Brewster's career as an investigator, he was called on to look into the death of a woman who was beaten to death inside her home on Route 77 in Indian Falls. After her death, her husband tried to take his own life. He didn't succeed and he was hospitalized. He was in critical condition at first and couldn't be interviewed. On Christmas Day, Brewster learned the man could finally talk so, taking time away from his family, he went to the hospital and interviewed the man for five hours.

He confessed to the murder.

"It was quite obvious that he was not being truthful because, on one hand, he would say he didn't remember and you'd ask him what was on television you could tell exactly what was on television," Brewster said. "So those sorts of things he seemed to remember OK. So we narrow this thing down. (Now it's) 'I remember everything that happened up until this moment' at which point it's a matter of working on that moment."

Much about investigating crime has changed since 1988. Back then, DNA evidence was new and uncommon. Now it's used in many cases. And of course, people didn't have cell phones that could be tracked, and certainly not phones that could easily take video. There was, in fact, very little video evidence. Now, Brewster said, it's hard to convince a jury a suspect did the crime without video evidence. Computers now also finding dots and connecting them much easier.

"Our capabilities are just tremendous," Brewster said. "In cars today, there are computers and they can tell us a lot of stuff about you and your car before an accident. We didn't have that before, or cell phones. They can tell us a lot of stuff.

"Of course, then you have the rights groups saying, 'well I don't want you to know where I go; I don't want you to know who I talk to or where I've been.' But if we need to, we get to work by valid search warrant, and we're doing a lot of search warrants these days, and we can get that information and we are using that sometimes to solve crimes or to exonerate people."

The key to solving any criminal case, Brewster said, is knowing who to look at as a person of interest. Once you determine that, you can figure out a possible motive and know what questions to ask.

"It makes my job a lot easier if I knew who to look at," Brewster said. "Sometimes I would have informants and I would tell them, 'look it, I don't want you to come forward and testify; I just want you to tell me who did it' and then I could start working and I might be able to find a witness who said they saw him there. If I don't know what to look at, it makes a lot harder. Fingerprints can do it. DNA is helping us. It's just like that guy pointing his finger back in the day. I needed to know who was most likely to have done it and then I could solve the case."

But the danger for any investigator, Brewster said, is to approach a crime with a preconceived notion. You can't put the pieces together if you don't see the whole picture. Tunnel vision can kill an investigation.

One of his roles as chief deputy, he said, was to listen to his investigators, let them paint a picture, and then tell them what they were missing.

"Maybe I have a little bit of a luxury as chief deputy because I have the investigators out there doing the digging and the interviews and they're coming back to me and telling you what's going on," Brewster said. "I'm already a little bit detached. Many times I haven't even been out to the scene so things will start clicking in my mind. I'm more of a visual person and if you describe what that scene looked like and then you start talking to me about it, even if I haven't been there, I can say, 'Yeah but what about that? Well, take a look at this. How do you explain what this guy said he saw?' And then they start questioning him. So that's one of the roles I see myself in here."

Brewster's other role, he said, is to stay on top of both changes in technology and in case law. That involves a lot of reading but he doesn't want to see a criminal case get crossed up because an appeals court has changed how evidence can be gathered and cases built.

If you're not current on case law, Brewster said, "you're fishing in the dark and you don't know what you might be doing wrong. What was OK six months ago isn't OK to do now. We need to know that because we might make that mistake."

Solving cases that don't run afoul of Constitutional protections for citizens is critical to good police work, Brewster said.

"If we can't do it legally there will always be another time," Brewster said. "If we don't have it, there will always be another time. For a police officer, time is always on our side. We just have to be patient. These guys that are screwing up will continue to screw up. If we don't get them somebody else will."

With that in mind, Brewster's advice to Joseph Graff, the next chief deputy in charge of investigations, is: read. Read a lot.

Also, be prepared for how demanding the job is. There is no downtime. When you go out with your family, your wife and kids need to be prepared to find their own way home because dad has to go to a crime scene. And the cases you get involved in can be draining emotionally.

"It's pretty hard to detach yourself emotionally from that we do," Brewster said. "That's the hardest part of the job."

That, and leaving the job at the door.

"You have a personal life, too, but when your job is chief deputy you're on the phone and you're working all the time," Brewster said. "There are things that need to be addressed around the clock, 24/7. I've been on call 24/7 since 1994 and it takes its toll on you. When I walk out that door at 4 o'clock, it's pretty hard to detach that. When you talk to the spouses and families of police officers they're all going to tell you the same thing. It's pretty hard for them to leave that at work."

What makes the job worthwhile, Brewster said, is helping people but sometimes even that isn't enough.

"I think that a lot of the things that we do, we have to put up a wall when we get there," Brewster said. "There may be all sorts of death and mayhem and all sorts of gruesomeness and we don't really see that. We're just there to do a job. But we do see how it impacts the people there and their families. We see that and it bothers us a little bit in the back of our mind and eventually, some of this does come back and, you know, it's like a profound sadness for all those people, all those things that you saw that you really couldn't help them with. Maybe you took care of the person that was responsible for causing all this death or mayhem but that doesn't really bring anyone back."

When you talk with Brewster long enough about criminal investigations, it's clear he's not all that ready to give up the work of solving crimes.

"I am going to miss it," Brewster said. "I'm going to miss getting up in the morning with a purpose in mind that I've got this interview, I've got this to do, we're going to get this general order in line for today, you know, those sorts of things. There's a feeling that I'm not useful anymore or valuable anymore but I'll get into it. I'll do fine."

Brewster, who has three adult children from his first marriage and two stepchildren from his second marriage, is 66 now and figures he'll tinker. He's got a new barn at his home in Alexander. He has a boat. He's going to renovate an old pickup for his stepson. There's a neighbor across the way who has an old car that hasn't run in years that Brewster figures he can get running again. 

"I've got a lot of projects," Brewster said. "My wife is pretty good at giving me things to do, which I appreciate. I'm not going to be sitting around. Not at all. If I get bored I'll probably go find something to do."

One thing Brewster doesn't figure to do is sit around thinking about the cases he hasn't solved. You might think the unsolved murders would eat at him but he says that's not the case.

For one thing, many of them won't go unsolved much longer, he said.

Brewster listed off the open murder cases he expects will be closed soon: Bill Fickle, Kisha Sullivan, Anne Lee, Eddie Freson, and Deborah Maniace.

In some of these cases, DNA will play a role, perhaps, even, the use of family tree websites that match DNA among family members (used last year to arrest the suspected Golden State Killer in California). There is also new witness information in some cases. Perhaps there will even be a confession.

"As I'm going out of here there are some major developments coming in some of those cases already due solely to technology," Brewster said. "As I said, it's one of the things where you have to be patient. You are going to see something happening here. I think it will be everyone but one case we've got something, some poker's in the fire. Those cases aren't just sitting in a box rusting away and nobody is looking at them or thinking about them. If you go down the hall to each one of these guys, there are different cases that they're working beside a regular caseload.

"So, yeah, stay tuned."

Those cases, in fact, the whole investigative department, is being left in good hands, Brewster said, with Graff taking over.

"I'm walking out of here with a replacement for myself as the first guy that I've seen in the 20 some years that I've been doing this who I can say, 'Yeah he can take my place,' " Brewster said. "This place is not going to miss a beat with Joe Graff."

Collins trying again with 9-1-1 legislation

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) and Congresswoman Anna G. Eshoo (CA-18) reintroduced legislation that prevents states from diverting fees collected from consumers on their phone bills, which are meant to be used to improve 9-1-1 emergency communications systems. The Federal Communications Commission (FCC) has found that New York diverts at least 41 percent of 9-1-1 fees that are collected for non-public safety related purposes. Congresswoman Anna G. Eshoo (CA-18) co-lead on the bill has also seen 9-1-1 fee diversion in California.
 
“It is completely unacceptable that states, like New York, continue to rob our emergency response systems of important and necessary resources by diverting funds,” Collins said. “Diverting these fees puts lives in danger, especially in rural areas. I thank Congresswoman Eshoo for her support once again of this legislation and her commitment to making sure all communities across the nation can achieve the highest level of safety.”  
 
“State and local governments charge citizens 9-1-1 fees on their phone bills to support emergency services, but some states divert this revenue to other government projects unrelated to improving public safety,” Eshoo said. “In fact, nearly $285 million in 9-1-1 fees collected by states were diverted for non-9-1-1 purposes in 2017, taking away valuable resources from already strapped public safety budgets. This bipartisan legislation directs the FCC to crack down on this practice to ensure taxpayer dollars collected for emergency services are actually invested in emergency services.”
 
Passage of this bill will direct the FCC, in consultation with public safety organizations, and state, local and tribal governments, to determine the appropriate use of funds collected from consumers. Currently, states are able to set their own definition of what is a covered cost for 9-1-1 fees, which has allowed them to divert fees.
 
Last April, Collins toured the Niagara County 9-1-1 call center with FCC Commissioner Mike O’Rielly where they called on the state of New York to stop diverting fees. Unfortunately, fee diversion continues in New York, California and other states around the country.

Accident reported on Route 5 and Kelsey Road, Batavia

By Howard B. Owens

A motor-vehicle accident with unknown injuries is reported at West Main Street Road and Kelsey Road, Batavia.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 9:37 p.m.: A medic on scene reports two injuries. One may require an ALS (advanced life support) ambulance and the other BLS (basic life support). Traffic control is also needed. The westbound lane is blocked.

UPDATE 9:46 p.m.: Darien's ambulance requested to the scene.

UPDATE 10:21 p.m.: East Pembroke assignment back in service.

Gas prices rise sharply

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.74, up 5 cents from last week. One year ago, the price was $2.66. The New York State average is $2.76 – up 3 cents from last week. A year ago, the NYS average was $2.77. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.72 (up 7 cents since last week)
  • Buffalo -- $2.69 (up 8 cents since last week)
  • Ithaca -- $2.73 (up 2 cents since last week)
  • Rochester -- $2.75 (up 6 cents since last week)
  • Rome -- $2.76 (up 6 cents since last week)
  • Syracuse -- $2.74 (up 7 cents since last week)
  • Watertown -- $2.78 (up 5 cents since last week)

Refinery maintenance season has hit some unexpected bumps in the road, leading to higher pump prices as the nation settles into spring. According to data from the Energy Information Administration (EIA), total domestic refinery utilization – a measure of how much crude and other feedstocks refineries use to make various products, including gasoline – fell to 86.4 percent recently.

At this time last year, EIA measured total refinery utilization at 93 percent. The year-over-year difference underscores the impact of unplanned refinery maintenance on markets across the country. Lower gasoline production and refinery utilization is leading to a drop in domestic gasoline stocks.

Until refineries return to normal operations, which will take a few weeks, American motorists should expect pump prices to continue increasing as gasoline demand increases with spring break road trips and upcoming Easter travel.

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