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At an evidence hearing today in the murder case proceedings against Richard D. Hanes, his defense attorney argued that Judge Charles Zambito should not allow his client's mobile phone and its content to be presented to a jury if the case goes to trial.

Hanes, 36, is accused of beating to death Raymond Morgan on July 24 at 111 Liberty St. Batavia.

According to court testimony today by Det. Thad Mart, Hanes showed up at the Batavia PD headquarters and presented himself to police for questioning without being summoned there. At the time, he wasn't a suspect and police had yet to obtain DNA, fingerprints or palm prints that linked him to the case.

The interview with Hanes was videotaped and that evidence was also submitted to the court today (though not played in court).

Mart said on the stand that Hanes does not confess to the murder during the interview nor did he implicate himself while at the police station.

It was during the interview at Batavia PD that parole officers who supervised Hanes showed up and the officers took his mobile phone, apparently, in connection with an alleged parole violation. The parole officers then turned the phone over to a Batavia PD patrol officer.

Defense attorney Fred Rarick argued that if the phone was linked to an actual parole violation, parole officers would have kept it as evidence in that case and would not have turned it over to a police officer.

Rarick argued that the police didn't have probable cause to seize the phone and that parole taking the phone and giving it to police is an attempt to circumvent the need for a warrant.

"There is no probable cause because we don't know why he was arrested on a parole violation," Rarick said. "If there was something on his phone relative to his parole, they would have retained possession of that phone."

District Attorney Lawrenece Friedman said there is no evidence that parole and police communicated about the phone prior to the police obtaining it, that there is no evidence of any agreement for the officers to work togther to obtain the phone.

"It's all very speculative," Friedman said. He added later, "It really doesn't matter why a parole officer took the phone because they were not acting as an agent for the police."

He compared it to a private citizen obtaining the phone, walking out with it and then deciding to hand it over to police.

Outside of court Friedman said he couldn't discuss the significance of the phone to the case.

There is reportedly DNA evidence that links Hanes to the crime scene and investigators have said they believe the murder was premeditated.

Zambito said he will reserve his decision on the admissibility of the phone until a later date. Hanes is scheduled for another court appearance at 2:45 p.m., March 13.

Press release:

The Genesee County Economic Development Center is pleased by the announcement today that Ryan Homes has officially broken ground on its new residential project in Oakwood Hills in Batavia.

Ryan Homes broke ground on the first of 56 new homes which vary in size ranging from 1,483 square feet to 2,190 square feet. Affordably priced and located conveniently to all Genesee County has to offer, these new sites will sell quickly.

The Oakwood Hills project will provide single-tenant living along with homes containing up to five bedrooms, two and a half bathrooms, and a basement. All of the homes are designed with an open floor plan that places an emphasis on allowing natural light to come into the homes. The homes will be affordably priced from the $190's.

“The growth happening within Batavia is undeniable, so it is extremely satisfying for us to be a part of fostering that growth by building more housing options for both residents and newcomers alike,” said Shawn Benzer, Regional Sales and Marketing manager of Ryan Homes.

The Oakwood Hills development is located within a community experiencing significant business activity. Food and beverage manufacturing companies have invested nearly $500 million into the Genesee Valley Agri-Business Park, and the next phases of development at the 1,250-acre WNY STAMP campus and Batavia’s Downtown Revitalization Initiative are catalyzing future growth.

“More people will be moving to Batavia and Genesee County as new opportunities and businesses open up, which means we need more housing options,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center.

“Batavia is filled with so many incredible people and providing both current and future residents with beautiful places to call home is a strong asset in our continued economic growth.”

The new construction by Ryan Homes also supports Genesee County’s Smart Growth development plan and the need identified in county’s 2018 market analysis for new single-family homes. The analysis projects a housing demand for more than 1,100 new single-family homes by 2040 in a mid-range growth scenario for Genesee County.

“As we recently learned from our housing needs assessment, the rise of new businesses and attractions locating in Genesee County over the next 20 years will lead to a rapidly growing demand for new housing options,” said Felipe Oltramari, director of the Genesee County Planning Department.

“Targeted new home construction in Batavia helps meet our housing needs as our county continues to grow, and supports Genesee County’s Smart Growth development plan.”

Ryan Homes encourages interested prospective tenants to join a VIP list at RyanHomes.com to be the first to get information on the community and exclusive access to VIP-only offers like special pricing and incentives for the early birds.

For more information regarding the houses, visit oakwoodhills.co. or click here.

Notre Dame dominated Hammondsport in their first-round Class D1 Section V playoff game at Notre Dame on Wednesday night, winning 85-40.

Gabe Macdonald scored 27 points, Colin McCulley scored 17, and Keith Szczepanski added 14 to pace the Fighting Irish.

Spencer Misit scored eight and Andrew Moore scored six. In all, nine Irish put points on the board.

"I think this was a team effort and I thought everybody contributed," Coach Mike Rapone said. "We played really well on both ends of the floor and rebounded well, passed the ball well. Keith was dominant inside and we got him the ball in areas where he could be effective."

Rapone thinks the road to the Class D1 finals runs through Mount Morris, which is where the Irish, now 12-9 on the season, head to next at 7 p.m., Saturday. Mount Morris is ranked second and is 17-3.

"Mount Morris is a very good team," Rapone said. "They got a few guys who have been starting for three years. This is the year they've been pointing to. They think they got a chance to win it all which they do. So this is a big test for us."

Also on Wednesday night, Batavia beat PalMac 87-41. Coverage is coming.

Tomorrow:

• Elba vs. Bradford, 7 p.m. at Elba
• Alexander vs. Geneseo, 7 p.m., at Alexander

Number 8 seed Pavilion knocked off #9 seed Dundee on Wednesday night at home in a Class 3 Section V playoff game, 36-31, in girls basketball.

For the Golden Gophers, Lindsay Lowe scored nine points, Aprile Beehler and Bri Hirsman each scored eight points, Lauren Kingsley scored seven, and Karlee Zinkievich scored four.

For Dundee, Mckenzie Strait scored 11 points and Megan Sutherland scored 10.

Pavilion is now 10-11 on the season and plays #1 seed South Seneca (18-1) on Saturday at South Seneca at 2 p.m.

In other girls basketball action Wednesday:

• Pembroke 68, Bloomfield 56
• Alexander 72, Rochester Academy 49

Tomorrow's games:

• Batavia vs. Livonia, 7 p.m. at Batavia HS
• Notre Dame vs. PalMac, 7 p.m., at PalMac

Top photo: Karlee Zinkievich.

Photos by Ryan Paddock.

 Lauren Kingsley

Aprile Beehler

Jordan Barrett

A proposal to reduce funding from the state for towns and villages, known as AIM (Aid and Incentives for Municipalities) could wind up as just another cost burden for Genesee County, County Manager Jay Gsell told the Ways and Means Committee at its meeting Wednesday.

If the funding cut goes through, the County could make up the $230,000 in difference for towns and villages from its own revenue.

Gsell said the governor’s office is being somewhat disingenuous about how cuts are being presented to municipalities.

What the state says it will do and what it actually does will be two different things, Gsell suggested.

The governor’s office is proposing a new sales tax on products sold digitally, an e-commerce tax, and that new revenue stream -- the theory goes -- will allow counties to share a portion of sales tax with municipalities.

Genesee County is one of the few counties in the state that currently shares sales tax but the proposal by the governor would mandate an obligation, perhaps above current revenue sharing, and force the rest of the counties to start sharing sales tax.

But there’s no guarantee New York will be successful in instituting an e-commerce tax – something state officials have sought for years, and it would certainly be difficult, Gsell said, to institute before the state’s new fiscal year starts April 1.

That could leave the counties, including Genesee County, with another unfunded mandate.

Under the governor's budget proposal, only municipalities that use a lower percentage of AIM for their annual budget would have funding cut. If that holds, neither the Village of Le Roy nor the City of Batavia, which receives more than $1 million in AIM funding, would have that funding cut.

The Legislature will be asked to vote on a resolution opposing the proposed cut to AIM.

Gov. Andrew Cuomo's Office today announced $23.6 million in funding for 31 airports across the state, including $656,000 for a new aircraft hangar at the Genesee County Airport.

Other airports in the region to receive funding: 

• $559,000 to construct a deicing containment System and emergency equipment at the Penn Yan-Yates County Airport;
• $499,000 to deploy a new start-of-the-art garage parking guidance system at the Greater Rochester International Airport;
• $369,000 to renovate an aircraft hangar at the Dansville Municipal Airport in Livingston County;
• $336,000 for the installation of a new Jet-A fuel tank and associated equipment at the Williamson-Sodus Airport in Wayne County;
• $204,000 to construct an aircraft fuel storage and dispensing system at the Pine Hill Airport in Orleans County;

Press release:

For the remainder of the school year, the Oakfield-Alabama Central School District has reached an agreement with the Sheriff's Office to provide a school resource officer on the district's campuses.

The Public Service Committee recommended Tuesday a budget amendment that would increase the Sheriff's budget by $42,263 to be offset by $41,263 from the school district.

Deputy Howard Wilson is expected to serve as O-A's new SRO.

Wilson's road patrol position will be filled by a new hire.

There are a number of open slots on road patrol currently, Sheriff William Sheron told the committee. 

Five recruits begin law enforcement training March 11. They will attend the academy in Niagara County for 22 weeks, followed by 14 weeks of field training.

Another four recruits are expected to begin training in August or September.

In the meantime, Sheron said, the office is understaffed and deputies are working overtime. The overtime expense is offset by the open positions going unpaid.

Legislator Marianne Clattenburg asked if the Sheriff's Office has received reports from other school districts with new SROs this year -- Alexander, Pavilion, and Pembroke -- to substantiate that the program is effective.

"About a month ago, I revisted each school district and the response from superintendents and staff was overwhelmingly positive," Sheron said. "More than just being a deterrence, their are bonds being formed.

"Students are not fearful of the officers and their not afraid to share experiences with officers, sometimes about home life, which isn't always good. All I can say is every response I've gotten has been favorable from each one of the schools."

Colby Tillotson scored 17 points to help lead Pavilion over Keshequa 59-46  in a first-round  Section V playoff game in Pavilion on Tuesday night.

The #6 seed in Class C3, the Golden Gophers have been without Zach Wiedrich, a top scorer on the team, since the 10th game but Tillotson, Ryley Elliott, Cameron Milligan and Luke Milligan have all stepped up to help fill the gap, said Coach Rob Milligan.

Weidrich, a junior, was diagnosed with a heart condition and may not be able to play competitive basketball again.

As an example of Weidrich scoring prowess, Milligan said he got hot one game last season and scored 36 points.

Tuesday, Elliott scored nine points, as did Cody Penders. Nate Swede scored six points. Tillotson hit three three-point shots.

For Keshequa, Cameron Chestnut scored 17 points. He also hit three three-point shots.

Press release:

The Batavia Development Corporation (BDC) Board of Directors reviewed the agency’s 2018 results and set goals for 2019 at their last board meeting.

In 2018 the BDC assisted eight projects that invested $3.5 million and pledged to create 38 new jobs. The JJ Newberry Building, award winner of the Robert Macon Award from the Community Design Center of Rochester, was the signature project opening its doors in February of 2018.

“The BDC is positioned to help small businesses and building owners in the City advance their projects,” said Pier Cipollone, president of the Batavia Development Corporation.

“We are also working to advance the Batavia Brownfield Opportunity Area (BOA) sites including Ellicott Station, Creek Park, City Centre, the Medical Corridor and the Harvester Campus.”

Other planning efforts guiding the BDC’s work include the recently updated Comprehensive Plan and Downtown Revitalization Investment (DRI) Strategy.

“The BOA, Comprehensive Plan and DRI Plan were created through a civic engagement model that allowed input and direction from the community to create a road map for land use and economic development in the City,” said Martin Moore, City of Batavia manager.

“The plans identify some of the most pressing issues in the City including blighted, contaminated and underutilized sites, housing issues and recommendations to reverse these trends.”

With the DRI award of $10 million the BDC plays a critical role in overseeing and advancing DRI projects. Currently the BDC is working with all of the DRI project owners and multiple state agencies to coordinate and assist projects.

The BDC successfully launched the $600,000 Batavia DRI Building Improvement Fund and is in the process of working with applicants before final selections are made.

“The momentum and excitement of the DRI has attracted new businesses and developers across the City,” said Rachael Tabelski, director of Economic Development for the BDC. “We will start to see scaffolding and construction starting in 2019.”

BDC Board approved 2019 goals:

• Secure capital/business commitments of $5 million;
• Secure business pledges to create 25 jobs;
• Secure a micro-enterprise grant/loan program for the City of Batavia to foster new start-up businesses;
• Achieve the BDC’s 2019-2020 budget;
• Successfully administer and implement the Batavia DRI Building Improvement program;
• Encourage, enable and incentivize downtown building owners to add new upper-floor apartments and new residential living in the City of Batavia;
• Participate in the City’s environmental investigation and planning around the BOA Creek Park site;
• Continue to enhance the BDC’s value and build strong relationships with the City of Batavia government, schools, businesses and residents, and other economic development organizations.

A winter weather advisory has been issued for Wednesday, from 1 to 10 p.m.

The National Weather Service says residents should expect snow, sleet and freezing rain. 

Less than an inch of snow is expected but with sleet and freezing rain, driving conditions could be hazardous.

Press release:

City of Batavia Democrats announce the endorsement of Benjamin Bonarigo Sr. for full-time City Court Judge.

The City of Batavia Democratic Committee voted unanimously to endorse Benjamin Bonarigo Sr. for full-time City Court Judge at their endorsement meeting on Feb. 5th.

Of the endorsement, Chair of the City of Batavia Democratic Committee Erica O’Donnell said, “Mr. Bonarigo’s resume speaks for itself. He is beyond qualified for this position, but beyond that he exhibits a deep commitment to service in our community.”

Bonarigo said: “I am truly honored to have received the support of the City of Batavia Democratic Party and I promise to work hard, just as I have done everyday for the past 36 years of my legal career, to earn the trust and support of the voters in this election.

"I hope to live up to the faith the Democratic Party has shown in me and to make all voters proud to vote for me as the next Batavia City Court Judge. I pledge to be a fair and impartial jurist in every case, listening to the voice of every person that comes before me.”

Aside from establishing his own successful legal practice in the City of Batavia, Bonarigo has serve on many boards, committees and volunteer organizations. He has been involved in youth football, Mock Trial, Literacy Genesee/Orleans, Notre Dame High School Foundation Board and Board of Trustees, the Holland Land Office Museum, Genesee Community College Board of Trustees, and The Twenty-Five Neediest Children’s Fund Inc.

O’Donnell says, “Ben is the perfect example of a public servant and I’m honored to support him. I’m in no way shocked that he received such a warm response from our committee.”

Press release:

Recently, our New York City controlled State Legislature passed, and Governor Cuomo signed, a big change in the schedule for our local elections. Previously, our local parties used the spring and early summer to field and endorse candidates. This resulted in our local Republican candidates and Committee members approaching Republican voters during July to seek your signatures and support.   

The new rules push the whole process much earlier and our Republican Committee had to work hard to have our candidates in place this month as we’re being forced to approach Republican voters in a couple of weeks.

The Republican candidates we endorsed are: City Court Judge Durin Rogers, to replace our retiring full-time City Court Judge; Ward 1 City Council Member Paul Viele for reelection; Ward 2 City Council Member Patti Pacino for reelection; Ward 3 City Council Member John Canale for reelection; Ward 4 City Council Member Al McGinnis for reelection; Ward 5 City Council Member Kathy Briggs for reelection; Wards 1 and 6  County Legislator John Deleo for reelection; Wards 2 and 3  County Legislator Marianne Clattenburg for reelection; and Wards 4 and 5 County Legislator Gary Maha for reelection.  

I’m asking all City Republicans to work with our local Committee to support ALL of our endorsed candidates. Our endorsed candidates are fine Republicans who’ve been working hard to serve you, while promoting our values and efficient local government in Batavia. Each has the valuable experience to continue providing for our needs as residents and taxpayers.

Over the next several weeks, we will be approaching many of you seeking your support for these great Republicans. Unfortunately during these shorter winter days, some of us may be forced to knock on doors during the cold evenings after dark. Please understand that this is out of necessity.

Finally, I’d like to remind all Republican voters that for your signature to count, you must only sign one petition for each position that’s on the ballot. We’ve worked hard on your behalf to recruit, research, interview and consider the candidates that we’ve endorsed and ask you to make sure any petition you sign is presented by a member of our Republican Committee or an endorsed candidate. If other candidates approach you, I ask you to reserve your support for our endorsed candidates.

On behalf of our Republican Committee, I want to thank the Republican voters of Batavia for their continued support. We are proud to serve all citizens of the City of Batavia, regardless of political affiliation.

Dave Saleh
Chairperson, City of Batavia Republican Committee

A tractor-trailer fire is reported on the Thruway in the area of mile marker 390.6.

The truck is fully involved and a trooper on scene reports the fire is starting to get into the trailer.

Town of Batavia fire dispatched. Mutual aid requested from Le Roy, Elba, and Oakfield.

UPDATE 2:27 p.m.: The westbound lanes of the Thruway are being shut down.

UPDATE 3:36 p.m.: Thruway assignment back in service.

A conscientious reporter, he exceled at community coverage for the Batavia Daily News.

Muehlig was born in Buffalo and served in the Coast Guard during the Vietnam War. He was a lifelong Chicago Cubs fan and to his family, a loving husband, devoted father, grandfather, caring son, brother and devoted friend to all who knew him.

For his full obituary, click here.

The Michael Napoleone Memorial Foundation and Gilda's Club of Rochester hosted a new fundraiser Sunday evening at Eli Fish called "Hops for Hope."

Proceeds from the event benefited both organizations, both of which assist children with cancer.

Danielle Rotondo, Donna Kabel, members of the Michael Napoleone Memorial Foundation board of directors, Laurie Napoleone, cofounder, and Mark Parsons, with Gilda's Club of Rochester.

Press release:

The Genesee County Economic Development Center (GCEDC) has announced that the Genesee Valley Educational Partnership (GVEP) will receive the Economic Development Partner of the Year award at the agency’s annual business meeting, which takes place March 8 at Batavia Downs.

GVEP serves more than 24,000 students in 22 school districts in  Genesee, Livingston, Steuben and Wyoming counties. The Partnership offers a wide range of programs and services including career and technical education, special education, alternative education, instructional and technical support services, and management services.

“The Genesee Valley Educational Partnership has been instrumental in advancing workforce development initiatives in Genesee County and across the GLOW region,” said President and CEO of GCEDC Steve Hyde. “We look forward to celebrating the Partnership’s tremendous achievements as we continue to invest in the youth of Genesee County.”

GVEP played an instrumental role in bringing a new program called Edge Factor into Genesee County schools. Edge Factor provides a high-tech Web platform and creates high-end videos for students, parents, teachers, counselors and businesses that help introduce the stakeholders across the county to STEM (Science, Technology, Engineering and Math) career pathways that align with the type of jobs currently in demand across the region.

“The Genesee Valley Educational Partnership (the Partnership) is honored to be selected as the Genesee County Economic Development Center’s 2019 Partner of the Year,” said District Superintendent for The Genesee Valley Educational Partnership Kevin MacDonald.

“We truly appreciate our partnership with the GCEDC as we create and develop new programs and services that are aligned to meet the needs of our communities, businesses and workforce. We are pleased to support the introduction of Edge Factor as a local resource for students to explore regional career prospects.”

The theme of this year’s annual meeting is “Investing in Our Strongest Assets.” The event will emphasize the GCEDC’s workforce talent development and shovel-ready site development achievements, and thank the partners involved in those efforts.

A mild but persistent snowstorm passed through the area overnight and into this morning. Snowfall is expected to taper off as we head into the afternoon. 

If you're viewing this on The Batavian app, click here to view the video on thebatavian.com.

A one-vehicle rollover accident, believed to be with injuries, is reported in the area of 9224 Alexander Road, Alexander.

A caller says it appears an occupant or occupants are beginning to crawl out of the vehicle.

Alexander fire and ambulance dispatched. Mercy EMS is also responding.

UPDATE 9:48 a.m.: Both occupants are out of the car.

UPDATE 9:53 a.m.: Mercy EMS can disregard. Alexander's ambulance will handle sign-offs.