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Photos: Downtown Public Market opens

By Howard B. Owens

The Downtown Public Market opened today.

Above, Salters Alston, proprietor of Alston's Bone Sucking BBQ Sauce, serves up a mound of his pulled pork.

Between Alston's and the Jackson Street Grill stand, the market is going to be a great place to stop for lunch on Thursdays.

And then you can pick yourself up a few big, plump tomatoes to take home.

Legislative committee to consider proposal for staggered, four-year terms

By Howard B. Owens

Moving forward with a proposal to change the scheme of County Legislature terms received a slight nod of approval at the Ways and Means Community yesterday.

County Legislature Chairwoman Mary Pat Hancock volunteered to bring a resolution to the next committee meeting that would authorize a public hearing on the proposal.

"If I can bring a resolution -- not because I'm sponsoring it, or because you're sponsoring it, but because that is the only way it will move forward," Hancock said. "To walk away from this would not be respectful of the committee."

The proposal would increase legislative terms from two to four years and stagger the terms so that entire legislature is not put up for election every two years. A committee charged by the Legislature to study a suggestion brought forward by a local resident made the recommendations.

There was no vote yesterday on Hancock's request, but also no objection raised during the committee meeting.

"I know it's not on your personal agenda, nor is it on ours, but it's out there," said Hollis Upson, committee chairman.

As Legislator Ed DeJaneiro spoke in favor of the specifics of the proposal, Legislator Annie Lawrence shook her head.

Asked later if she objected to the proposal, she said she might or might not support it, but now is not the time to deal with it.

"I don't think any of the legislators have heard any comments from any of their constituents," Lawrence said. "I think we've got bigger fish to fry this year than to bring this out."

Career Center reporting an uptick in jobs, fewer new jobless

By Howard B. Owens

The economy seems to be turning around, according to Scott Gage, director of the Genesee County Career Center.

New job orders -- companies posting jobs at the career center -- are up to 80 to 90 a week, nearly double what job orders were last year.

And there are fewer people showing up for the center's weekly unemployment orientation classes.

"Obviously a lot of it is seasonal and service sector jobs, such as Darien Lake, but there is also some manufacturing being done, and some of the food processing people are actually increasing the number of year-around lines, too," Gage said.

He also said there are more supervisor-level jobs coming in.

Gage shared his news during the Ways and Means Committee meeting.

Legislator Ed Dejaneiro added his own anecdotal evidence of a turn-around.

“I received a call yesterday from a guy who has been unemployed for two years, and he just got a job, in Batavia," Dejaneiro said. "A good paying job."

The state's official employment numbers should be out next week.

Police Beat: Driver accused of DWI following accident

By Howard B. Owens

Brian P. Demko, 32, of Le Roy, is charged with felony DWI, failure to keep right, moved from lane unsafely, drove left of pavement markings, operating with unsafe tire. Demko was allegedly involved in a single-car accident at 10:20 p.m., Wednesday, in the area of 8094 Route 98, Batavia. Demko is accused of making a right-hand turn a little early and striking the guide wire of a utility pole, causing damage. Demko then allegedly drove from the scene with a flat tire. He was located at 4320 Commerce Drive, Batavia. The incident was investigated by Deputy Patrick Reeves. (Correction: This item previously used the incorrect first name of "Paul." The Batavian apologizes for the error.)

Michael A. Witkop, 18, of 249 Ross St., Batavia, is charged with sexual misconduct. Witkop is accused of having sex with a girl under the age of 17, who is deemed incapable of giving consent because of her age.

Jason Ross Graybill, 26, of Victor Lane, Hamlin, was arrested on a Monroe County bench warrant. Graybill was reportedly a passenger in a vehicle stopped for an alleged traffic violation when he was identified and the warrant was discovered.

Today's Deals: Alex's, Larry's Delavan's, Main St., and more

By Howard B. Owens

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts,lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

 

Photos: Kicking off the 2010 Batavia Muckdogs season

By Howard B. Owens

Jason Molino can hit. He's no Mickey Hyde, who easily won the "home run" hitting contest at Dwyer Stadium tonight, but he looked good at the plate and hit some shots.

It was the "Pep Dog Rally" in preparation of the season opener on Saturday. The turn out was good, and the evening was a heck of a lot of fun.

After the contest, the players of the 2010 Muckdogs introduced themselves and then fans were invited onto the field to collect autographs.

The player in the center of this picture is Nick Longmire. He's a 5th-round draft pick of the Cardinals, which means he's a legitimate prospect. He's a center fielder who has some power. That's cool. But what's really cool: He's a graduate of my alma mater, Grossmont High School, La Mesa, Calif. His mother also graduated from GHS, in 1978, two years ahead of me. So guess who will be my favorite Muckdog this season? Go Foothillers!

More pictures after the jump:

 

 

 

Car fire reported on Judge Road, Alabama

By Howard B. Owens

A car fire has been reported on Judge Road, Alabama.

Alabama Fire is being dispatched.

UPDATE 11:34 p.m.: An anonymous female caller said, "the car was set on fire."  A chief has been notified. It's near Purdy Road.

UPDATE: Alabama fire cleared at 12:25 a.m.

Chris Lee says he's cooperating with probe into fundraising activities

By Howard B. Owens

The fundraising practices of Congressman Chris Lee, are being examined by the House Ethics Committee.

From the Buffalo News:

The Office of Congressional Ethics this month sent letters to banking lobbyists, seeking information about their fundraising contacts with Lee and the other lawmakers, a mix of Democrats and Republicans who serve on the House Financial Services or Ways and Means committees.

The letter to lobbyists, which was first reported Monday afternoon by a Capitol Hill newspaper called The Hill, did not name any specific charges against the lawmakers and identified the probe as a “preliminary review.”

Lee, a first-term Republican, told the News that he has "nothing to hide," adding, “The more accountable and transparent we can be, the better off things will be in the long term.”

He said he's cooperated fully with the investigation.

Since the beginning of 2009, the committee has started 48 ethics probes and 22 of those were dropped in their preliminary stages.

Six other lawmakers are also being investigated.

Meth lab suspect accused of violating Federal pre-trial release rules

By Howard B. Owens

One of Genesee County's multiple meth lab suspects is back in federal custody after allegedly violating pre-trial release conditions.

Matthew J. Long, 20, of 36 Main St., Le Roy, is a suspect in the alleged meth lab found at 28 Clay St., Le Roy.

He was taken into custody yesterday by Le Roy Police on a U.S. District Court warrant after being spotted walking on West Main Street, Le Roy.

Following his arrest by Det. John Condidorio and Sgt. Timothy Hayes, he was turned over to U.S. Marshals.

Police Beat: Attica man accused of sending threatening messages on Facebook

By Howard B. Owens

Joshua John King, 21, of 42 Genesee St., Attica, is charged with harassment, 2nd. King is accused of using his account on Facebook to send threatening messages to another Facebook member.

William D. Hirsch III, 23, of 11025 Buckman Road, Bethany, is charged with burglary, 2nd, criminal contempt, 1st, and stalking, 4th. Hirsch is accused of showing up at the house of a protected person and entering and staying without permission with the intent to stalk that person. He's also accused of sending text messages to that person, whom he was ordered not to contact. He allegedly caused that person to fear for his or her safety. He was jailed on $10,000 bail.

Philip M. Niccloy, 23 of 75 Summit St., Le Roy, is charged assault, 2nd. Niccloy allegedly punched another person in the face, causing extended pain, numbness and diminished eye sight and multiple fractions of the victim's facial bones. He was jailed on $2,000 bail.

Andre Leigh Little, 21, of Ham Road, Alabama, is charged with petit larceny. Little allegedly stole three pre-paid phone cards from the TA Travel Plaza.

Jasmine Lynn Oliver, 20, of Water Street, Attica, is charged with petit larceny. Oliver was taken into custody on a bench warrant out of Niagara County.

Photos: Time for locally grown fresh fruits and veggies

By Howard B. Owens

We're starting farmers market and road-side stand season, so good fresh fruits and vegetables will be bountiful (can't wait for the sweet corn to arrive). Yesterday, the farmers market at Batavia Downs opened. Tomorrow, the downtown public market at Center and Ellicott will open.

Sandra Cassandra sells a bag of cherries to David Hiscutt.

Today's Deals: Oliver's, Clor's, Mane Attraction, Blue Pearl and more

By Howard B. Owens

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Get started on your spring gardening projects. We have a $25 gift certificate for $12.50.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Give yourself the gift of flowers, or give to a friend. We have a $20 gift certificate for $9.50.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for four weeks of yoga (four sessions), a $40 value, for $20.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Fickel Murder still a long way from being solved

By Howard B. Owens

(Revised at 3:49 p.m.)

If the Chief Deputy Jerome Brewster -- who's been the lead investigator on the Bill Fickel murder for five years -- is going to make a case against "person of interest" Steven Patrick Rebert, it seems like he's got a lot of work ahead of him.

"In order to arrest someone, you need probable cause, you need more than a mere suspicion," Brewster said this morning. "Do we have probable cause at this point? Absolutely not."

Yesterday, in an interview with WBTA 1490, Brewster said there are some tantalizing coincidences that make Rebert a person of interest following his arrest on a double homicide charge in Jefferson County, Pa.

"There are some commonalities that would make a prudent person go, 'um, I wonder if this is something there we should be looking at,'" Brewster said.

Those commonalities might include (our own list, not from Chief Brewster):

  • Rebert knew Fickel. They went to the same high school, but it is not known whether they attended it at the same time.
  • The two men lived less than a mile apart in 2005 (Fickel on Burns Road, Rebert on East Shelby Road);
  • Both Fickel and the homicide victims in Pennsylvania -- James and Victoria Shugar -- were shot to death;
  • Pennsylvannia investigators say Rebert was doing computer searchs on the murders of the Shugars, Bill Fickel and Kevin Smith (Smith was killed in 2007 in Orleans County and Rebert is now considered a person of interest in that case as well).
  • Fickel was killed with a 30-30 and Rebert reportedly told investigators in Pennsylvania that the only gun he owned was a 30-30;
  • For the last five years of his life, Fickel worked as a cable installer with Time-Warner; at the time of his arrest, Rebert was a contractor for Zito Media installing fiber optics. There's no information that Rebert ever worked at TW.
  • Both men enjoyed hunting.

Those commonalities are mostly coincidences that certainly don't tie Rebert to the Fickel murder. The two most intriguing coincidences are that Rebert knew Fickel and that Fickel was reportedly doing internet news searches on the Fickel murder.

Knowing somebody, however, isn't a crime, and Rebert could simply have been checking for an update on the death of somebody he knew (though reports indicate Rebert was pretty obessively seeking out news reports on the Shugar murders).

Coincidences, also, don't establish probable cause. There also needs to be evidence.

Such as the DNA found at the scene of the Fickel murder. It's DNA that doesn't match Fickel, and no match has ever been found in the national criminal database.

Pennsylvania State Police will likely obtain a sample of Rebert's DNA, and if it matches the sample Brewster has tagged as evidence, it would likely place Rebert at the scene the night of the murder.

But putting Rebert at the scene, Brewster was quick to point out, doesn't mean Rebert is the killer.

"A match itself is not probable cause," Brewster said. "Just putting you at the scene doesn't mean you where the one who pulled the trigger."

Brewster has long suspected there were two people at 5820 Burns Road when Bill Fickel walked out onto his driveway at 7:55 p.m., Nov. 10, 2005, because a flatbed truck had just arrived and Bill and Lisa thought somebody was there to look at a van they had for sale.

Finding just one of those two people, even if the person identified didn't pull the trigger, would be a big break in the case.

Brewster is naturally reluctant to discuss details of other evidence that might be used in building probable cause, but it's obvious that finding the murder weapon would also be a big break in the case.

Rebert was arrested in Genesee County on June 3 on a weapons charge (he was allegedly carrying a switchblade knife).

Last Friday, Rebert waived extradition back to Pennsylvania, where he was arrested and charged with charged with two counts of criminal homicide, two counts of aggravated assault and one count of burglary.

When he waived extradition, only a mind reader would know if he realized he was going to face murder charges. The waiver affidavit charged him only with manufacturing/delivery/possession of a controlled substance and a small amount of marijuana for personal use, though he had been questioned in the murder investigation on April 25.

Researcher looking for information on WWII airman from Batavia

By Howard B. Owens

Do you know any of the men in this photo? Researcher and historian Teunis Schuurman from the Netherlands is trying to identify all the men, who were aboard a plan believed to have crashed in his hometown during World War II. He believes S/Sgt. Joseph Deffner, from Batavia, is in the front row, but isn't entirely sure which man he is. He's hoping for help in identifying him as well as finding out as much information about him as possible. Teunis can be reached at teun.pats@gmail.com.

Gillibrand throws support behind federal anti-gang legislation

By Howard B. Owens

There are too many gang members in New York, in Sen. Kirsten Gillibrand's view, and she wants to do something about it.

Today, Gillibrand announced a sweeping piece of legislation that she's co-sponsoring called the Youth PROMISE Act.

The act will:

... help keep children from joining gangs and fight gang-related crime. The legislation would draw on recommendations from a broad range of community leaders and experts to develop effective policies to prevent children from joining gangs and break up existing gangs.

Specifically, communities facing the greatest youth gang and crime challenges would initiate a coordinated response from law enforcement, court services, schools, social services, health and mental-health providers, and community-service and faith-based organizations.

Gillibrand said there are 50,000 gang members in New York, including 4,000 in WNY.

The specific measures proposed in the legislation:

Arm Law Enforcement with Resources to Fight Gang Activity, Drug Crime
Senator Gillibrand is cosponsoring the Gang Abatement and Prevention Act of 2009. The legislation toughens penalties for gang-related offenses, creates High Intensity Gang Activity Areas (HIGAAs) structured to target areas where gang activity is prevalent, authorizes federal grants through the Office of Justice Programs for gang prevention and intervention, initiates a national commission to develop effective gang and crime prevention strategies, and authorizes the Attorney General to expand the Project Safe Neighborhoods Program and the Safe Streets Program.

Additionally, the legislation launches an anti-heroin media campaign to educate the public about the dangers of heroin use, and the drug’s ability to destroy lives, families and entire communities.

Restore Funding for Safe and Drug Free Schools
Senator Gillibrand is fighting to restore funding cuts to state grants administered through the Office of Safe and Drug Free Schools. Last year, the Obama Administration was forced to eliminate grants for state governments that funded anti-drug programs in local school districts – a total of $295 million annually.  

Senator Gillibrand is gathering support from senators Tom Harkin (D-IA) and Thad Cochran (R-MS), chairman and ranking member of the Labor-HHS Appropriations Subcommittee to restore this funding in the FY2011 Appropriations Bill.

Maintain Funding for Drug Free Communities Grant Program
Senator Gillibrand is also lobbying Senators Durbin and Collins to keep funding for the Drug Free Communities Grant Program for FY2011 – and fight a $9.5 million proposed funding cut for the program that provides community-based anti-drug coalitions to keep children, families and communities safe.

Fully Fund the High Intensity Drug Trafficking Area (HIDTA) Program
Senator Gillibrand is lobbying senators Dick Durbin (D-IL) and Susan Collins (R-MA), chairman and ranking member of the Appropriations Subcommittee on Financial Services and General Government, to fully fund HIDTA in FY2011 – and fight a proposed 12-percent funding cut.

The HIDTA program gives local law enforcement agencies the resources they need to mount coordinated anti-drug efforts. Last year, Senator Gillibrand worked with Senator Schumer to secure HIDTA funding to fight drug crime in Clinton, Franklin and St. Lawrence counties.

Photos published on The Batavian make first cut in statewide contest

By Howard B. Owens

Two photos that were first published on The Batavian will represent Genesee County in a statewide contest aimed at finding photos that showcase New York's landscapes and landmarks.

The winners of the Genesee County stage of the contest were announced by County Legislature Chairwoman Mary Pat Hancock today.

The winners are "Barn Storm - LeRoy, NY" by Le Roy resident Darrick Coleman and "Old Courthouse at Sunset" by Batavia resident Howard Owens.

The Coleman photo is being submitted in the landscape category and the photo from Owens is in the landmark category.

The contest is sponsored by the New York State Association of Counties.

Genesee County received more than two dozen submissions from about 12 photographers.

For more on Coleman, here's a video Philip Anselmo made about him in 2008. For more of Darrick's photography, click here.

Police Beat: Alleged violation of court order leads to arrest, $1k bail

By Howard B. Owens

Chad E. Heideman, 35, of 10540 Roosevelt Highway, Lyndonville, is charged with criminal contempt. At about 1:40 a.m., Le Roy Police responded to a report that Heideman was at the residence of a woman in Le Roy. There is reportedly a order of protection in place barring Heideman from having contact with that woman. Heideman was jailed on $1,000 bail.

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