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Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.

District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.

For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.

Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.

As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions. 

"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."

Genesee County is not immune from one of the worst outbreaks of flu in New York on record.

Health Department Director Paul Pettit said there have been 149 confirmed cases of flu in Genesee County so far this season, compared to just 38 at this point last year.

"This type of increase has been seen across the state and country," Pettit said.

Across the state, there were 6,083 flu cases reported according to the state's Department of Health. There were 1,606 people hospitalized with confirmed cases of the flu in New York. That's the highest number recorded since the state started tracking flu cases in 2004.

There have been no flu-related deaths reported in Genesee County, Pettit said.

Across the nation, 30 children have died as a result of the flu, and the majority of those children were probably not vaccinated, the CDC reports. Adult flu-related deaths are generally not reported and tracked.

Dr. Dan Jernigan, director of the influenza division at the Centers for Disease Control and Prevention, said he's concerned that early reports that the current vaccine is only 10 percent effective may have misled people into thinking they shouldn't bother with the vaccine. 

Even if the vaccine doesn't prevent a person from contracting a specific flu strain, it does lessen the severity of the symptoms and can help avoid hospitalization. The current vaccine does protect against multiple strains of flu. Flu shots also helps prevent the spread of the flu, especially to vulnerable people such as children and the elderly.

Pettit encouraged local residents to get vaccinated soon.

"The season typically peaks by the end of February, so we are still strongly encouraging folks to get the flu shot," Pettit said. "It remains the best protection for yourself and others and getting the shot often helps reduce the severity and duration of the flu if you do get it."

Perry came out on top Tuesday night in a match of two of the best Class C teams in the region, beating Le Roy 47-32.

Perry, ranked #10 in the state, is now 12-2, and Le Roy is 10-3.

For Le Roy, Reece Tresco scored 11 points and had five rebounds, two assists and two steals. Canyon Roster had 11 rebounds.

For Perry, Tyler Cowie scored 19 points, pulled in 15 rebounds, had two assists, three steals, and four blocked shots. Austin Croll scored 13 points and had five rebounds.

Brandi Elizabeth Schmiedicker, 24, of Genesee Street, Corfu, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely. Schmiedicker was charged following an investigation into a motor-vehicle accident by Deputy Mathew Clor that was reported at 1:14 a.m. today on Genesee Street, Darien.

As a result of a series of statewide regional forums hosted by members of the Assembly Republican Conference, Assemblyman Steve Hawley (R,C,I-Batavia) today spoke at a press conference in Albany on legislative solutions to combat domestic violence. The full report and all its recommendations have been made public.

The full report, A Safe Haven: Helping Abuse Victims and Enhancing Protections, can be found here.

“Domestic violence is a grave issue that has irrevocable consequences for families and society as a whole,” Hawley said. “I had the opportunity to host one of our conference’s forums in Batavia, and the testimony and information we received was both concerning and valuable.

"This is a complex issue, but after talking with law enforcement, advocates, victims and those on the frontlines around the state, I believe these recommendations will go very far in preventing domestic violence and helping victims feel safe again.”

Some of the recommendations outlined in the report include:

• Providing financial assistance and relief to victims seeking alternative housing or living in a shelter to escape their abuse;
• Declaring domestic violence a statewide public health crisis;
• Creation of a new “Domestic Violence in the Presence of a Child” crime with harsher penalties for abusers;
• Allowing domestic violence victims to obtain emergency panic buttons through local law enforcement or social services; and
• Freeing up law enforcement to arrest more abusers and keep victims safe.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced $5.5 million is now available to farmers and agricultural producers as part of two new grant programs. The awards are aimed toward farmland conservation, assisting farmers in identifying available land and ensuring that arable land is permanently protected from development and nonfarm uses.

“Farming is one of the cornerstones of our community and extremely important to our local economy, traditions and way of life,” Hawley said. “Too often, farmers lose the ability to work the land due to environmental concerns or development, and these new grants will help protect our producers and ensure that family farms remain family businesses. I remain committed to giving our farmers a voice in Albany, and I look forward to advocating their concerns as we progress through this year’s session.”

More information can be found on the state’s Agriculture and Markets site and interested applicants can access grant information here. Applications will be processed until all funding for the program has been exhausted.

Hawley is the former owner/operator of Hawley Farms in Batavia and sits on the Assembly’s Agriculture Committee.

Genesee County's unemployment rate grew to 5.3 percent from 4.9 percent in December of last year.

The increase fits the trends for Western New York. Rochester's rate went from 4.7 percent to 5.0 percent. Buffalo rose from 5.1 percent to 5.5 percent.

The rate for the GLOW region went from 5.4 percent to 5.5 percent.

There are 600 more people in Genesee County's labor force than a year ago.

The state's rate decreased from 4.7 percent to 4.6 percent.

The nation's unemployment rate is 4.1 percent.

Monday night is training night for most volunteer fire departments but last night in East Pembroke it was gear inspection night.

For the first time, the annual inspection was conducted in the department's new $3.5 million fire hall.

East Pembroke isn't running calls out of the hall yet. They're not quite settled in. The Internet was just hooked up today. The emergency radio has yet to be installed. And there is a lot of equipment yet to move over from the old hall. Chief Don Newton expects the new hall to be in service in about three weeks.

The department will host an open house in the early spring.

Gear inspection is all about ensuring there are no holes, tears or worn spots in any of the three layers of a firefighter's suit that provides thermal protection.  

Newton explained that East Pembroke buys three sets of gear -- boots, hat, jacket, pants and gloves -- every year. That's an annual cost of up to $17,000.  

But it's got to be done. Worn and damaged gear is a danger to firefighters and state regulations require interior firefighters to use gear that is less than 10 years old.

East Pembroke is starting to rotate interior gear every eight years. That leaves two years of life left on the old gear. It can by used by new volunteers while they go through training and it provides back up gear for a firefighter who might wind up with damaged gear before new gear is purchased.

Monday, members also brought in their Class A uniforms for inspection and inventory.

An example of a hole torn in a layer of thermal protection. This suit was being taken out of service.

The new hall has six bays, with two additional backdoors. Those two longer bays can potentially hold two trucks, giving the hall the capability of parking eight trucks.

A caller reports finding an intruder in his apartment on Main Street in Oakfield.

The subject ran from the apartment.

He's described as a white male wearing a black T-shirt and baseball hat. Unknown direction of travel.

Troopers are responding.

Press release:

Darien Lake Theme Park’s 2018 season will feature two unique, thrilling performers, Magical Entertainer Aaron Radatz and Hypnotist Tammy Barton, as part of the amusement park’s free in-park entertainment lineup.

Dubbed “the magical entertainer to see” by Time Magazine, Radatz started performing at the young age of 6 and quickly turned his grandmother's gift of a magic set into a full-time hobby. Today, Radatz is the newest star to hit the magic entertainment scene. He has studied with many of the masters of magic including Harry Blackstone (Jr.) and recently completed his first 6-month run headlining a casino on the Las Vegas strip. He is also a featured magician on the CW Network’s global sensation TV series “Masters of Illusion.”

Radatz is also the only magician who has been commissioned by the U.S. Pentagon for a command performance for the U.S. military. His dedication to the troops has earned him awards, including such high honors as the Commander’s Coin of Excellence and the Scroll of Appreciation of Honor and Admiration.

Barton has been performing as a professional stage hypnotist since 1993. She began her career working with her parents, both of whom are certified hypno-therapists. She quickly realized that hypnosis performed correctly could be both entertaining and educational at the same time, and could allow her to obtain any goal she set for herself.

In every show, Barton selects willing volunteers from the audience and then puts them into a state of hypnosis. She then guides them though a journey of the mind in which the volunteers act on suggestions she provides. Only the imagination of her volunteers will limit their journey.

Radatz and Barton both performed during the 2012 season and the park is thrilled to welcome them back this year.

“These daily in-park shows are high-quality family-friendly entertainment for all of our guests,” said Chris Thorpe, Darien Lake general manager. “Both Tammy Barton and Aaron Radatz are thrilling, unique performers and we are excited to welcome them back to the Darien Lake for what promises to be a wonderful summer.”

Also returning in 2018 is Ignite the Night, Darien Lake’s nightly laser extravaganza. Music, water, fire, video and pyrotechnics all come together for this laser light spectacular in the air, on the stage and all around, which runs beginning in late May through Labor Day Weekend.

For more information about the park or to purchase a season pass, visit DarienLake.com.

Anthony L. Miraglia, 18, of Byron, is charged with sexual abuse, 3rd, unlawful imprisonment, 2nd, forcible touching, and endangering the welfare of a child. State Police Bureau of Criminal Investigations investigated multiple reported incidents in Genesee County from May 2016 to July 2017. The victims ranged in age from 15 to 17 at the time of the alleged incidents. Miraglia was released on his own recognizance. Investigators believe there may be other possible victims. Anybody with information is asked to contact the State Police at (585) 344-6200.

Winston Ashton Lockhart Sr., 22, of Hutchins Street, Batavia, is charged with assault, 3rd, aggravated criminal contempt, criminal mischief, burglary, and strangulation, 2nd. At 1:39 p.m., Jan. 16, officers were dispatched to a residence no Holland Avenue to investigating a complaint that Lockhart had violated an order of protection. Upon further investigation, officers determined Lockhart allegedly committed numerous crimes and had left the scene. Lockhart was located at the Genesee County Courthouse and placed under arrest. He was jailed without bail.

Matthew Wesolowski, 23, of Burrough Road, Cowlesville, is charged with aggravated unlicensed operation, unregistered motor vehicle, and unlawful possession of marijuana. Wesolowski was stopped at 9:17 a.m. Thursday on Liberty Street by Officer James Prusak.

Michael D. Smith, 18, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and inadequate headlights. Smith was stopped at 9:01 p.m. Jan. 16 on West Main Street, Batavia, by Sgt. Chris Camp.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal mischief, 4th, and assault, 3rd. Jaequele allegedly attacked another person and damaged property belonging to that person in an incident reported at 11:14 a.m. Saturday. Tomlin is being held in the Genesee County Jail.

Kurt M. Golata, 37, of Oakfield, is charged with harassment, 2nd. Golata was arrested by State Police in relation to an incident reported at 5:50 p.m. Monday in Oakfield. No further details released.

County Court should have been filled with prospective jurors this morning, ready to be considered for a seat in the jury box in the trial of the People vs. Marlek Holmes on a charge that he failed to register a change of change of address in 2016.

Instead, the courtroom was empty while County Court Judge Charles Zambito, District Attorney Lawrence Friedman, and Fred Rarick, representing Holmes, met in chambers.

When they came out, all Friedman said he could say was that the jury selection would not start today because Holmes was not transported from Wende Auburn Correctional Facility where he is currently being held. Friedman said he could not discuss why Holmes was not transported.

The court will try to start the trial tomorrow, and if it doesn't, officials will try again on Wednesday.

Friedman said that if the trial doesn't start by Wednesday, it's too late for this week.

There is also a hearing scheduled for tomorrow on whether Holmes qualifies as a persistent violent felony offender for the purpose of sentencing on his jury trial conviction on two counts of assault in the second degree and criminal mischief. Holmes assaulted a fellow inmate at the Genesee County Jail.

For that hearing to proceed, Holmes will need to be present.

Holmes, 43, is already serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He was already a registered Level 3 sex offender.

Last week, Holmes was in court and reportedly used profanity during the proceedings. 

In his appearance before that, Holmes sought a delay in his trial, because, he said, being in transit between prisons meant he didn't have access to all of his paperwork and to a law library. Zambito denied the request.

CORRECTION: Holmes is currently being held at Auburn. He was scheduled to be transferred to Wende during the trial.

Shannon Marie Denison, 34, of Colony Run, Attica, is charged with petit larceny. Denison is accused of shoplifting from an undisclosed location on Veterans Memorial Drive.

Nicholas Christian Doell, 27, of Lippold Road, Darien, is charged with criminal contempt, 2nd. Doell allegedly violated a stay away order of protection at 3:20 p.m. Sunday.

James Courtney Presley, 35, of Frances Street, Rochester, is charged with aggravated unlicensed operation, no tail lamps, and driver's view obstructed. Presley was stopped at 10:10 p.m. Wednesday. He was jailed on $250 bail or $2,500 bond.

Kenneth D. Barnhardt, 51, of Mt. Morris, is charged with unlawful possession of marijuana and speeding. Barnhardt was stopped at 3:52 p.m. Saturday on Route 33 in Stafford by State Police.

Carl T. Amesbury, 25, of East Bethany, is charged with petit larceny. Amesbury is accused of shoplifting from a location in the Town of Batavia. He was arrested by State Police. No further details released.

NPR Planet Money: The Case for Earmarks

Terry Hills hosted its annual bridal show today with 23 vendors and more than 200 attendees.

Among the honorees at South Byron Volunteer Fire Department's annual dinner on Saturday night was Gerald Bateman, who was recognized for 65 years of service to the department. State Sen. Michael Ranzenhofer and Assemblyman Steve Hawley were on hand to honor Bateman's service to the community.

The 2018 firematic officers are: Scott Blossom, chief; Brian Hickey, deputy chief; Jim McKenzie, assistant chief; Chase Cone, captain; Andy Konieczny, 1st lieutenant; Matt Dougherty, 2nd lieutenant; Nicole Bold, engineer; Reggie Macdonald, fire police captain; Elizabeth Blossom, fire police sergeant; Steve Sharp, fire police corporal.

Administrative officers: Dean Bates, president; Reggie Macdonald, VP; Elizabeth Blossom, secretary; Alfred Klycek, treasurer; Bob Fite, membership chair; Al Secash, bell jar chair; Allison McKenzie, sunshine chair; Rev. Harold Coller, fire chaplain.

Auxiliary officers: Theresa Hammer, president; Beth Wilson, VP; Melody Stone, secretary; Michelle Yasses, treasurer; Irene Fite, sunshine chair; Theresa Hammer, party chair; Mariellen Blossom, chaplain.

Chief Scott Blossom presented Andy Konieczny with Firefighter of the Year and Most Training Hours awards.

President Dean Bates presented Theresa Hammer with the Member of the Year award.

Corfu Volunteer Fire Department held it's annual awards and installation dinner on Saturday night.

Bernie Fix, top photo, received the Firefighter of the Year Award from Chief Brian Schollard.

The firematic officers for 2018 are: Brian Schollard, chief; Greg Lang, deputy chief; Brian McMartin, 2nd assistant chief; Dean Eck, senior captain; captains Ben Trapani, Mitch Bates, and Dan Smith; Dan Smith; fire police captian, Matt Lenard; fire police lieutenant; lieutenants, Glenn Eck, Steve Rodland, and Tyler Lang; Dean Eck, safety officer.

Executive officers are: Steve Rodland, president; Tyler Lang, VP; Paula Trapani, secretary; Jen Eck, treasurer; Allan Starkweather, sargeant at arms; Brad Lang, chaplain; and trustees, Bernie Fix, Justin Rodland, and Ed Fauth.

EMTs, Kristen Gaik, LoriAnn Santini, Karen Lang and Cathy Skeet. 

Corfu Fire District officers: Bruce Fauth, chairman; Jim Mallory, deputy chairman; Jenny McMartin-Eck, commssioner; Jim Hale, commissioner; Paula Trapani, secretary; and Michelle Sformo, treasurer. 

Paula Trapani received the Service Person of the Year Award from President Steve Rodland.

Linda Tucker was honored for 45 years of service.

Kristen Gaik put in more than 300 hours of training.

Ed Fauth was recognized for responding to the most calls.

Bruce Fauth was recognized for his effort to help the department secure a federal grant.

Nicholas Conley, Earl Roth, and Charlie O’Geen, Elba's 2018 Hall of Fame inductees, were introduced during halftime at the Elba vs. Byron-Bergen basketball game Friday night.

The trio will be inducted tonight during a dinner at Batavia Downs.

Following the introduction, some of Elba's basketball alumni played a four-minute basketball game.

In the boys game, the Lancers beat the Bees 50-42.

For Elba, Colton Dillon scored 22 points, hitting four three-pointers, and Jonathan Boyce scored 14.

For Byron-Bergen, Cameron Shank scored 13. Joshua Hohn and Lucas Stucchio scored seven apiece.