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Attorney Thomas Burns won't get a change of venue for his client Matthew Wells, at least not yet, according to a ruling handed down by the New York Supreme Court, Appellate Division, Fourth Judicial Department.

Wells is one of three men accused of robbing the M&T Bank branch in Elba on June 18 and then leading local law enforcement on a six-hour manhunt through the fields and woods between Batavia and Oakfield.

Burns argued that Wells could not get a fair and impartial jury in Genesee County because many residents -- as evidenced primarily by comments left on The Batavian -- took offense to the perception that three city slickers could get away easily with a bank robbery in a rural county. Burns, in his motion, picked up on the phrase of one comment on The Batavian about dishing out "rural justice."

Burns also suggested that the only a fraction of Genesee County residents are black, so that it would be hard to seat a jury of peers for his African-American client.

The appellate judges ruled that Burns did meet the burden of proof that there is "reasonable cause to believe that a fair and impartial trial cannot be had." But the single-page ruling left open the ability for Burns to appeal again during the jury selection phase of a trial.

It's rare -- if not unheard of -- for attorneys to be granted a change of venue before jury selection begins, but if Burns had not filed the motion now, he could not file a motion -- under rules of the court -- for a change of venue later.

Wells is the only one of the three defendants to not plead guilty. Both Damone Dillon and Dennis Abrams have admitted to their roles in the June 18 robbery. Abrams, who planned the heist, is facing a lengthy prison term. Wells is accused of entering the bank with Abrams and actually participating in the stick up, while Dillon held the door and claims to have been a reluctant participant.

Neither defendant has been sentenced yet.

For previous coverage, click here.

A car fire has been reported on Route 262 just west of Route 19 in Bergen. Bergen Fire is responding. A first responder reports visible flames from the engine compartment.

A woman has been arrested for allegedly telling the Department of Social Services that a relative moved into her house, qualifying her for temporary government assistance.

Between Dec. 5 and Feb. 16, Stacey Ziminski, 36, of 119 South Swan St., is accused of collecting public assistance checks totalling $710.93.

The family member Ziminiski allegedly said was living with her, was actually living elsewhere, according to DSS investigators.

Ziminski was charged with two felony counts of offering a false instrument for filing in the first degree and one count of misdemeanor petit larceny.

She was arrested by Genesee County Sheriff’s Deputy Matt Butler, and arraigned before Stafford Town Justice Ben Mancuso, who ordered her held on $250 bail. 

Statements made by Dietrich Williams to State Police during an investigation into a shaken baby case in June can be used at his trial, Judge Robert Noonan ruled this morning.

Williams, currently held in Genesee County Jail, is charged with assault in the first degree and reckless assault of a child.

The content and nature of his statements were not discussed in court today, but he spent nearly eight hours in State Police custody June 25, after being picked up at a residence he shared with his girlfriend at 14 Hutchins Place.

The baby's name is Mariah and she was reportedly critically injured. Both Defense Attorney Jerry Ader and District Attorney Larry Friedman are waiting for the hospital to produce the baby's medical records for evidentiary review.

Williams is accused of shaking the baby and hitting Mariah's head against a hard object.

Shaken Baby Syndrome has come under new research scrutiny recently, and researchers suggest that the baby's head hitting a hard object may be a key element to any crime.

In his ruling, Judge Noonan said that Williams was made fully aware of his rights and had every opportunity to request an attorney or to cut off questioning. There was nothing improper about the State Police agent's questioning, Noonan said.

State Police investigators who specialize in violent crimes assisted in the investigation.

There were 10 more break-ins into unlocked cars in the Town of Batavia overnight.

Six occurred on Stringham Drive, two on Violet Lane and two on Terry Hills.

The usual items were taken, according to Deputy Chief Gordon Dibble, adding that the break-ins may be related to yesterday's thefts.

"For the most part, the thieves are limiting their efforts to unlocked cars with valuables in plain sight," he said. "Locking cars and removing valuable items (maybe locking them in the trunk) would seem to be prudent advice."

It would be illegal to use stimulus funds to help struggling dairy farmers, according to Gov. David Paterson's office.

Dairy farmers, of course, create and retain jobs and help provide an essential food product. Agriculture is a significant part of Upstate New York's economic well being.

Meanwhile, the D&C reports today that Rochester's homeless program, with a regular annual budget of $400,000, is receiving $4 million in stimulus funds.

No slam here against the homeless or helping the needy -- government handouts to both dairy farmers and the homeless raise certain small-government and free market philosophical issues ... but, isn't something amiss here? 

If stimulus money is supposed to, you know, stimulate the economy (at least in theory), shouldn't it actually go to programs that, you know, might actually stimulate the economy?

A car has driven off the road and into the trees in the area 1950 Roberts Road in Alabama.

Unknown injuries at this time.

UPDATE: First responder reports minor injuries.

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Bergen Volunteer Fire Department is working a small bursh fire at 14 Gates St. It's described as "two small piles."  No report yet of it turning out to be a controlled burn.

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So you hear there are no jobs in Batavia, and companies don't want to do business here, etcetera. The carping sometimes seems ceaseless.

Me, I'm a glass-is-half-full kind of guy.

And I think most of the entrepreneurs who have invested in Batavia and Genesee County are the same sort of people, which is why this job ad posted today caught my eye:

Career Opportunities - Growing Company in Batavia is searching for hard working, reliable employees for all aspects of manufacturing.

We are conducting open interviews Friday 10/2/09 from 9:00am-12:00pm.

Imagine, a local company doing so well in Batavia that they have to conduct their own job fair. The ad makes it sound like there are at least six openings, and from the job titles, I'm betting a few if not all of them pay "a living wage" (to use the oft-cited term for what makes a good job).

The company is Prime Materials Corporation, 6 Treadeasy Ave., in the City of Batavia.

The last time somebody left a comment asserting that nobody wants to do business here and all the businesses are leaving, I pointed out some counter examples, which I'll note again: Kravings Kafe and Great Kutz both just opened in Valu Plaza; Ken Mistler is readying two new businesses and planning a third; There's one newish business on Ellicott Street and another store coming; A Canadian company is opening a new location downtown; Mancuso Corp. is investing a substantial amount of its own money (not just the RestoreNY funds) into the Masse Gateway Project; Clor's Meat Market greatly expanded its operations by moving to a new location; people complain about the open store fronts on Main Street, but all of them have ongoing interest from potential businesses for those locations. And I'm sure I'm leaving out other new businesses and expansions.

Not to mention that there are several hundred businesses thriving in the city and several hundred more throughout the county.

For me and Billie, we consider Batavia a great place to base our own business. If we didn't, we wouldn't be here. That's a lot of things I could do or places I could be if I didn't see Batavia and Genesee County as a great opportunity.

The bottom line: the pessimism about Batavia and Genesee County as a place to do business is unwarranted and it's contradicted by the actual business activity in town.

(Updated Version)

The driver of a Chevy Aveo suffered a serious-enough head injury to require Mercy Flight Air transportation to an area hospital following a two-car accident in the vicinity of 3892 W. Main Street Road, Batavia.

The woman was initially reported as unconscious, but regained consciousness after emergency personnel arrived on scene.

Deputy James Diehl said his initial investigation indicates the Santa Fe was changing lanes when it struck the Aveo, which was stopped to make a turn.

The driver of the Santa Fe, who was not injured, is likely to be cited, Diehl said, for unreasonable speed with a hazard in the road (the stopped Aveo).

We'll update this post when the official accident report is released.

UPDATE:  The driver of the Santa Fe has been identified as Heather Nadolny, 35, of 2753 Pearl St., Batavia. The driver of the Aveo has been identified as Jeannette N. Orr, 65, of 3396 Dodgeson Road, Alexander. Orr was taken to ECMC via Mercy Flight. This morning, Orr is listed in fair condition.

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A Stafford man admitted this morning to brandishing a rifle in a threatening manner during a dispute on March 17.

Michael A. Nicometo, 24, also pleaded guilty to an unrelated misdemeanor DWI charge and aggravated unlicensed operation of a motor vehicle. He was arrested on the DWI charge in Le Roy on Sept. 6.

As part of the plea arrangement, a handful of traffic tickets, some stemming from the Sept. 6 arrest and two others from other dates, were dismissed.

Nicometo will be released to an alcohol treatment facility and will come back at a later date for bail review and sentencing on the menacing and DWI pleas.

The maximum sentence imposed on Nicometo, primarily for the aggrevated unlicensed operation charge, could be four years in state prison. But if Nicometo follows the judge's orders, he could face a maximum sentence of 1 1/3 to 3 years. Regardless, the menancing charge would result in a concurrent sentence.

A Batavia man accused of selling cocaine and crack cocaine on two different occasions plead not guilty today to all the pending charges.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance stemming from an arrest earlier this month. In June, Lee was arrested and charged with criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. He was reportedly a resident of Ross Street at the time of that arrest.

Lee is out of jail after posting bail of $50,000 for the first arrest and an additional $5,000 on the second set of charges.

Previously:

• Batavia man accused of dealing cocaine
• Police Beat: Alleged drug dealer on Maple Street in Batavia arrested

Two men accused of dealing drugs in Batavia -- in separate cases -- were in court today to consider possible plea bargains and both men said they needed more time to think about the offers.

Michael R. Ransear, 24, of Rochester, was arrested in January for allegedly dealing crack cocaine. His aunt was arrested at the same time for alleged possession of a controlled substance.

Today, Asst. D.A. David Gann told Judge Robert Noonan that Ransear has been offered a plea that would lead to a maximum six-month sentence. He would be required to plead guilty to a class D felony, criminal sale of a controlled substance.

Ransear's attorney, Fred Rarik, said his client requested more time to think about it. Judge Noonan set a trial date for October, but also granted Ransear an extension on the plea offer.

Kirby S. Wall, 32, of Rochester, was arrested in April. He reportedly tried to run from police to evade arrest but was subsequently caught in the area of 400 Towers.

Wall has been offered a 2 1/2- to 3 1/2-year prison term in exchange for pleading guilty to a felony count of criminal sale of a controlled substance as a second serious felony offense.

Wall, also, wants more time to consider the offer. Judge Noonan granted an extension on the offer, but also set a trial date in the case.

Gann asked that as a condition of his plea, Wall be required to return "the buy money," which he allegedly ditched during the foot pursuit.

Both Wall and Ransear are out on bail.

Cody L. Pahuta, 18, of 9548 Alleghany Road, Corfu, is charged with rape in the second degree, a criminal sexual act and endangering the welfare of a child. Pahuta is accused of having sexual intercourse with a 14-year-old girl. He was jailed on $10,000 bail. The case was investigated by Village of Corfu Police.

Joel D. Prouty, 23, of 705 Old State Road, Bergen, is charged with DWI, aggravated DWI with a BAC of .08 percent or greater and citations for alleged unsafe lane change, consumption of alcohol in a motor vehicle, uninspected motor vehicle and failure to notify DMV of an address change. Prouty was stopped by Deputy Jason Saile on Thwing Road in Stafford following a report of a suspicious person in the area. Prouty was issued an appearance ticket.

Marilyn Drilling has been named museum director of the Holland Land Office Museum.

Her appointment was approved by the board of directors last night, according to a press release we received this morning.

Drilling replaces Patrick Weissand, who held the position for 11 years before accepting a position as a branch manager with the Bank of Castile.

Drilling was hired by the museum in July to create a marketing and membership program.

A totaly of 49 people applied for the position, according to the press release.

Drilling is a 1983 summa cum laude graduate of St. Bonaventure University with a degree in Mass Communication. She has held fundraising and public relations positions in both Genesee and Wyoming counties, including the director of development for the Medina Health Care Foundation, development director for Notre Dame High School in Batavia and Crossroads House. She was also the director of the Genesee Country Mall and has worked in the newsrooms of WBTA, WRTK in Rochester and WBTF in Attica.

"I am excited to begin implementing an integrated marketing program for the museum," noted Drilling. "The public will soon notice new life and new  programs coming from our doors. There is renewed interest in history and the younger generation especially wants to know more about our past and how it can affect our future."

Full press release after the jump

Marilyn Drilling of Batavia has accepted the position of Museum Director at  the Holland Land Office.  The Board of Directors made the offer after final  interviews last night (Tuesday, Sept. 22).

Drilling was initially hired by the Board in July to create a marketing and  membership program for the West Main Street Museum.  She submitted her resume  to the Board during their search for a replacement of long-time Museum  director Patrick Weissand, who resigned in June to join the Bank of Castile  in Medina as its branch manager.

49 resumes were reviewed for the position, according to Barbara Toal,  President of the Holland Purchase Historical Society.

Drilling is a 1983 summa cum laude graduate of St. Bonaventure University  with a degree in Mass Communication.  She has held fundraising and public  relations positions in both Genesee and Wyoming counties, including the  Director of Development for the Medina Health Care Foundation, Development  Director for Notre Dame High School in Batavia and Crossroads House.  She was  also the director of the Genesee Country Mall and has worked in the newsrooms  of WBTA Batavia, WRTK Rochester and WBTF Attica.

"I am excited to begin implementing an integrated marketing program for the  Museum," noted Drilling.  "The public will soon notice new life and new  programs coming from our doors.  There is renewed interest in history and the  younger generation especially wants to know more about our past and how it  can affect our future."

New board-approved programs include History Heroes, a series of programs and activities for the younger generation.  A Membership campaign will kick-off  on October 5th and new events have been added to the calendar.

Organizations and businesses are also encouraged to utilize the meeting room  at the Holland Land Office Museum for their gatherings.  "The Meeting Place"  is available at no charge and can be reserved by telephoning the Museum at  343-4727.

"We're also very excited about our newest exhibit," said Drilling."  "52  handsewn quilts are now on display...each unique in design and each has its  own story.  Members of the Museum Quilt Guild are celebrating their 30th  anniversary this year by showcasing some of their finest creations."

The public is invited to a special Quilt Exhibit Opening on Friday, September  25th from 6 to 9 p.m.  complete with entertainment and refreshments.  Members  of the Museum Guild will be there to share their quilting stories.

"This is a beginning of new and exciting displays for the Museum," said  Drilling.  "We're ""Making History Happen"" in Genesee County."
 

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

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.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Pudgie's Lawn and Garden Center, 3646 West Main Road, Batavia, NY: Autumn is the time to think about spring flowers -- and Pudgie's has a great selection of bulbs already in stock, ready to plant. We have a $25 gift certificate for $12.50.

Clor's Meat Market, 4169 W. Main Street Road, Batavia, NY: Clor's features the finest and freshest selection of meat in town, from strip steaks to a variety of sausages. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $15 gift card for $7.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

Sport of Kings Family Restaurant, 419 W. Main St., Batavia, NY: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.

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

SOLD OUT

A Stafford man was robbed in his home this morning after he answered a knock on the door only to be hit on his head by a man wielding an unknown object, and when he regained consciousness, the 22-year-old had been cut on his chest and face.

He was treated at UMMC, although his injuries were not serious.

The robber or robbers grabbed his wallet and smashed his mobile phone. The wallet was recovered in the driveway, short $30 cash.

No other items were reported stolen.

The suspect is described as a male in his early 20s, stocky build, wearing blue jeans with a black hoodie. He may have been driving a red Pontiac Grand Am.

The incident occurred between 9:30 and 9:45 a.m..

Anybody with information is asked to call investigator Kristopher Kautz at the Genesee County Sheriff's Office, (585) 343-5000.

I know a couple of people who have been pretty sick recently, and you probably do, too. The symptoms sound a lot like flu, and according Randy Garney, interim health director for Genesee County, if you have the flu this time of year, there's about a 90-percent chance it's H1N1, or "swine flu."

But, according to Garney, there have been no official cases of H1N1 reported recently in Genesee County.

Suspected flu cases are only tested, Garney said, if the sick person shows up at the hospital. 

We have a call into UMMC to see if they've been dealing with any suspected H1N1 cases and are waiting for a call back.

Garney said H1N1 is widespread throughout the Southeast, according to the National Center for Disease Control.

"At this point (outside of flu season) widespread activity is unheard of," Garney said. "To call it widespread is not normal at all."

As usual, Garney warned that people who are sick need to stay home in "social isolation" to avoid spreading the virus.

If you have a fever of 100 degrees, you probably have the flu. You should wait at least 24 hours after the fever has abated (not counting taking medications to reduce the fever) before mixing in public.

He called the virus a mild form of the flu.

"I use mild very gently because the people I’ve talked to, the epidemiologists I’ve talked to, (say) it may be mild, but you’re going to be very sick," Garney said.  "You’re going to be very achy, you’re going to be in bed, but you’re going to recover with no ramifications."

The New York Department of Health recommends: