Stories from

Dietrich Williams, accused of shaking a baby and seriously injuring the child, has been writing letters to Judge Robert Noonan, Noonan revealed in court today.

The letters deal with issues related to his case and his potential sentence, Noonan said.

"I think communications would be better coming from you rather than your client," Noonan told Defense Attorney Jerry Ader.

Noonan than provided copies of the letters to Ader and District Attorney Lawrence Friedman.

Williams was in court because his attorney has filed a series of motions designed to test the legitimacy of the case against Williams. The fairly standard motions ask Judge Noonan to determine if the case presented by the People to the Grand Jury was sufficient and challenge the use of any post-arrest statements made Williams at a trial.

Ader is also asking for copies of medical reports from the hospital about the nature of the injuries to the baby.

"This is critical evidence as to what the injuries where and whether they were caused by my client," Ader said.

Friedman said his office hasn't received the records either and he said he would prepare a subpoena to have the records produced for the proceedings.

The case was continued to Sept. 24, when Judge Noonan will hear oral arguments regarding the admissibility of any statements Williams made.

They used to hang horse thieves, but what about people who heist classic ponies?

State Police are looking for help in locating a 1965 Ford Mustang that was stolen from a commercial lot in Newstead.

The car was being repainted and had the front bumper, front grill and headlights removed.

Anyone who may have seen this vehicle or with information on this investigation is asked to contact the New York State Police in Clarence at 716-759-6831.

UPDATE, Friday, 10:30 a.m.: Just received this message from the State Police:

Reference the attached press release sent on 09/10/09, this stolen vehicle was recovered at 9:15am in the Town of Newstead after someone read the artice in the Buffalo News and noticed the vehicle sitting unattended.  No arrests have been made at this time.

File photo of a similar car supplied by State Police.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: 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.

Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

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

Total Image - Dawn Williams, 226 Ellicott St., Batavia, N.Y.: Dawn offers  clipper cuts for men, women and children, as well as coloring, highlights, perms and waxing. We have a $22 gift certificate for $11.

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

A suspected drug dealer who allegedly sold cocaine to an undercover agent four times in May was taken into custody Wednesday afternoon by Genesee County Local Drug Enforcement Task Force.

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.

Lee was spotted Wednesday on driving Washington Avenue. He was arrested following a traffic stop.

Lee is in Genesee County Jail pending arraignment this morning in Genesee County Court.

Assisting in the investigation were uniformed members of the Genesee County Sheriff's Office and the District Attorney's Office.

UPDATE: Lee appeared in court this morning and pled not guilty to the charges. Prior to this arrest, he was out of jail on $20,000 bond stemming from a previous indictment on charges of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. All three counts related to cocaine. Today, additional bail or bond was set at $5,000.

Jennifer A. Benhatzel, 32, of Basom, is charged with identify theft, possession of a stolen credit card and forgery. Basom was arrested earlier this month by the State Police. She is held without bail. The alleged crimes took place at Smokin' Joe's in Lewiston. The case remains under investigation.

William A. Andrews, 29, of 16 Ross St., Batavia, is charged with criminal mischief. Andrews allegedly slashed the tires of a neighbor's vehicle. He was jailed on $2,000 bail. The arresting officer was K. M. DeFelice.

Volunteer firefighters in Byron and South Byron say they need more money to support their operations.

The Town of Byron board hasn't given either department a budget increase in three years.

Apparently, the two sides have been growing increasingly frustrated with each other.

Attorney Brad Pinsky, from Syracuse, who started representing the departments about a year ago, thinks there may be a way to resolve the disagreement.

Pinsky spoke to the town board at its meeting Wednesday night and walked away with an agreement for the board to appoint two members to study the issue. In addition, the fire departments promised to present a plan and spending priorities so the board better understands how its money is being allocated.

"I promise you, we'll come to you with our needs and not our wants," Pinsky said.

Each department receives about $68,000 annually from the town, yet each year the departments have an excess of $100,000 in operational expenses.

This budget deficit has forced the departments to turn increasingly to their own fundraising, which the firefighters say isn't how they should be spending their time.

"You've got to be concerned if your firefighters are out fundraising and not training and not fighting fires," Pinsky said.

Fundraising should be for extras, for wants, such as items for the fire hall that make it a more inviting place for recruits to hang out, said Chris Hilbert, president of the Byron Fire Department.

"Fundraising shouldn't be needed to put gas in a fire truck," he said.

Dave Garwood, another attorney with the same firm as Pinsky (all the firm does is represent fire departments), said firefighting is an essential local government service, but it's the only one in some communities that is expected to raise its own funds.

"When was the last time you saw a DPW worker on the side of the road with some chicken barbecue so they could afford to put gas in a DPW truck?" Garwood asked.

Town Supervisor Tom Felton said it's important for the board to better understand the needs of the firefighters, but he doesn't see how the town can take on another $60,000 in expenses without raising taxes.

"We share these very same concerns," Felton said, "but there are only 2,400 people in the town."

Funds for the fire departments are raised through a special tax levy and don't come out of the general fund.

One suggestion thrown out by Pinsky was for the town board to create a fire district, which the board can do on its own authority (no referendum vote is required).

The district would be run by a board of elected commissioners and would have the power to increase the fire tax if needed, and it would also oversee the budget for the two fire units (which would be consolidated into a single department, but remain separate fire companies).

Felton likes the idea of the fire district. It would put authority for fire services under the supervision of a commission that would likely understand fire operations.

"We're challenged to understand the needs of the fire department," Fenton said. "None of us are firefighters."

In order for the fire district idea to move forward, the fire departments will need to agree that is the best way to proceed and then present a plan to the town board.

Don't you think Governor David Paterson and the rest of the Albany government would love to get its hands on revenue generated by Batavia Downs to help offset the state's budget struggles?

County Manager Jay Gsell thinks so, and he's skeptical of a task force created by Paterson to study the efficiency of the state's off-track betting facilities and decide whether all of the state's OTB operations could be consolidated under a single authority.

According to a resolution passed by the Genesee County Legislature on Wednesday evening, many industry pundits think the task force is nothing but a naked attempt to grab OTBs from local control.

Batavia Downs, as with many OTB facilities in the state, contribute revenue to the local governments that support and have invested in the facilities.

"This is just a revenue grab by the state," Gsell said after the meeting.

There are problems with downstate OTB facilities, Gsell said, but it makes no sense to create a single authority to run all of the OTB locations when some of them are doing quite well.

And in the case of Batavia Downs, only after substantial investment.

"It took a large investment just to get it to where it is today," noted Gsell. "They saved what was a moribund, decrepit facility that had been abandoned by private enterprise."

Gsell said the Western Regional Off-Track Betting Corporation invested millions of dollars -- with unpaid debts being somewhere between $15 million and $20 million -- to turn Batavia Downs around.

If the state takes over OTB operations, the revenue both to pay off the debt and to help fund county operations will be diverted to Albany.

"If New York wants to take some of the money, they need to take some of the costs, too," said Legislator Hollis Upson before the resolution vote, "which we know they’re never going to do."

Legislator Charles Zambito called the state's revenue grab unfair because the off-track betting corporation built Batavia Downs into a well run, profitable facility and any problems faced by downstate OTBs have nothing to do with the Downs.

"It would be extremely unfair for them to come in now and say, 'Give it to us,'" Zambito said.

The resolution will be sent to the state task force, but has no force or effect to change whatever the task force decides to do.

Among the items on the agenda for Monday's City Council meeting is a resolution authorizing a pay increase for City Manager Jason Molino.

The resolution states, "WHEREAS, the City Council of the City of Batavia wishes to grant a wage adjustment to the City Manager for the current year based on his performance evaluation."

If approved, Molino's base pay would go up 2.85 percent to $83,487 and would be retroactive to April 1.

Alex's Place, 8322 Park Road, Batavia, N.Y.: 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.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $9.

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $15 gift certificate for $7.50.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: 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.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: 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.

Present Tense Books and Gifts, 101 Washington Ave.:  Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: 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.

The Mane Attraction, 99 E. Main St., Batavia, N.Y.: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. 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

Han Bakker is following the case of Oakfield resident Michael L. Jackson with keen interest.

Jackson is accused of breaking into Holland High Lift, 10033 East Road, Bethany, and causing a great deal of property damage and stealing equipment and a truck.

Bakker owns Holland High Lift.

"We estimate (the alleged burglar) did about $60,000 in damage," Bakker said.

And according to Bakker, chief suspect Jackson wasn't working alone. One other possible suspect left a cell phone under a desk and two women were captured on video tape.

Bakker doesn't understand why the District Attorney's office isn't prosecuting the other suspects. He said he was told the D.A.'s office doesn't think there is enough evidence against the other three suspects to charge them.

The Batavian left a message this afternoon with an Assistant D.A. seeking comment.

The group of people, according to Bakker, broke into his office building on April 11 and trashed the place. They broke glass windows in doors, apparently to help them gain entry into other rooms, even though the doors were unlocked.

Apparently, they used their own bodies to break the window. Investigators, according to Bakker, found a good deal of blood in the building.

One of the reasons the D.A.'s office was apparently slow to seek an indictment against Jackson was investigators were awaiting the results of DNA tests from a Monroe County lab. No word on whether the lab results are in yet.

Jackson is accused of stealing a 2005 Ford Supercab 250. Bakker claims that Jackson drove the truck out on South Swan, striking a tree before trying to run it into the creek. 

Jackson is currently out of jail on $10,000 bond.

Bakker is concerned that Jackson, who reportedly left the state after the investigation into the break-in began, will not consider the bond sufficient inducement to stay in the area while awaiting trial.

"I doubt will ever get repaid," Bakker said.

The New York Senate will be in session tomorrow and Majority Leader Pedro Espada is apparently looking to score points with New York City labor unions -- he's calling for passage of what upstate legislators call "the farm death bill."

The bill, the Farmworkers Omnibus Labor Standards Bill, AB 1867, has already passed the Assembly.

If it becomes law, the bill will require farmers to pay time-and-a-half for over time, allow farm workers to join labor unions and require a day off during harvest season. It will also require farmers to pay into the unemployment system, among other provisions.

The bill is sponsored by Catherine Nolan, who represents Queens. Assemblyman Steve Hawley once pinned her down during a floor debate into admitting that in her district contains "less than one farm."

Sen. Mike Ranzenhofer plans to vote Nay if the bill does come to a vote. He said even upstate farm workers he's spoken with are concerned that passage of the bill will cost them their livelihoods.

"They are alarmed about the bill," Ranzenhofer said. "They're concerned about losing their jobs because farms will be going out of business."

Area farmers and farm workers alike tell both Hawley and Ranzenhofer that many of the issues the bill is trying to address is already taken care of by farmers. Most farmers do supply workers with adequate housing and health care. Workers are paid for all the hours they work, but not necessarily time-and-a-half. Because farm work is seasonal, the legislators note that a great deal of work must be packed into a short amount of time.

But by mandating such services, allowing labor unions to get involved and increasing government oversight, the bill will drive up costs on farmers tremendously.

The supporters of the bill just don't understand farming and that without farms, there is no food, both Hawley and Ranzenhofer say.

"The sponsors are from New York City," Ranzenhofer said. "They don't understand that the relationship between farmers and workers is mutually beneficial. This is a New York City union issue and really has nothing to do with farming in Upstate New York."

It's unclear just how the Senate will vote on the measure. It could go either way.

Buffalo Street in the Village of Bergen is closed for emergency repairs.

DPW chief Joe Chimino said a collapsing culvert buried under the street is presenting a safety problem for cars or trucks that might pass over the roadway.

"It's just a small hole right now, about 8 inches, but I can get my arm down in there," Chimino said. "I'm afraid some car or truck is going to come down and it's going to collapse and it's going to put somebody through a windshield."

The culvert is about 100 feet from Lake Street, Chimino said.

Both lanes of traffic need to be closed, he said, because he can't get his backhoe into the confined space otherwise.

He hopes to have a new drain installed and the road re-opened to traffic by 2:45 p.m., when school buses need to pass through the area again.

View Larger Map

John Michael Bieganski is doing fine now,  but he might not be doing so great if not for the quick action of a group of people willing to step forward and help him Saturday night after he was stabbed in the leg by a knife-wielding assailant.

Bieganski, 23, a Clarence resident, had his leg cut during Cruefest, the concert of Motley Crue at Darien Lake Theme Park.

A friend carried him from the mosh pit (a tangle of dancing males (usually) who typically bang against each other and jump up and down and side-to-side rather violently) after he had been stabbed.

Trouble started for Bieganski, according to a Sheriff's Office report, when he thought he saw a friend being tackled and punched by one or two other men. When he tried to pull one of the men off his friend -- it turned out not to be his friend who was being attacked -- Bieganski said he suddenly felt something warm on his leg, touched it and then saw the blood.

The alleged attacker is described as a white male, about 25 years old, 6-feet tall, a strong build, wearing a gray T-shirt, khaki shorts, with a buzz cut, no glasses and clean shaven.

Bieganski required 28 stitches to close a gaping 4-inch long wound on his leg.

Contrary to initial reports, his artery was not cut, but he did bleed profusely before being treated.

After the attack, Bieganski's buddy, Evan Laczi, grabbed him in a fireman's carry hold and hoisted him from the mosh pit, but according to Glenn Hall, who was one of the first people to come to Bieganski's aid, Laczi and Bieganski came through a whole crowd of people who ignored Laczi's cries for help.

"They had walked past people to get up there (the beer trailer, where Hall was located)," Hall said. "They had walked past a number of people and nobody had done anything, to help him carry his friend or anything like that. Nobody had ran up. I'm sure he screamed out more than once, 'hey, I need help' and nobody ran out to get help or anything."

Hall, a six-year veteran of the Air Force, was a volunteer for a group of recruiters trying to raise funds to help with their recruitment effort (his wife is a military recruiter), and he said when he saw Laczi carrying Bieganski with blood soaking his right leg, his military emergency training just kicked in. He didn't even think about what he needed to do.

"Many soldiers who get this kind of training face this kind of stuff all the time," Hall said. "Overseas and abroad, these are guys are real heroes and they know what they're doing, but every military member gets this kind of training ... but I'd never reached that situation (before) and I didn't know how I would react in that situation (before Saturday night)."

Hall was working the beer trailer when he heard Laczi calling for help and he looked up and saw all the blood on Bieganski's leg.

"My immediate reaction was, 'we need to do something to stop this bleeding,'" Hall said.

His first instinct was to pull off his volunteer T-shirt and then his "wife beater" undershirt, which he ripped into two so it could be used as a tourniquet. Laczi helped place Bieganski on the long towing tongue of the beer trailer (which was covered by a sheet of plywood) while a non-military man who was part of the volunteer group asked, "hey, what can I do?"

Hall had the man put as much pressure on the wound as possible while keeping Laczi's leg elevated. Laczi held onto Bieganski's head. Then Hall went to fetch Darien's security personnel, who came to the scene to confirm the report of a man stabbed, and then called for emergency medical personnel.

It took about 15 minutes, according to Hall, for emergency personnel to arrive.

"The guy was being very compliant," Hall said. "He had bought beer from me earlier that night. He was a very nice guy, but you could tell, he had a very good buzz on. But he was not really moving, not really fighting us. He was just kind of laying there, but you could see that he had a lot of pain going on. At that point, there was nothing we could do but wait for emergency medical personnel to get there."

Hall doesn't want to be painted as a hero who saved a man's life, however.

"Truthfully, I feel like we all did our parts," Hall said. "I'm happy for the guy. It turns out he's alright, but I feel like this was group effort. Everything fell into place like dominoes and the situation was handled the best it could."

"I think the military just pounds it in there so hard and you're constantly trained on it, it almost became like second nature," Hall said. 

Bieganski is out of the hospital, but whomever stabbed him is still at large. The Sheriff's Office investigation is ongoing.

Audio:

• Interview with Glenn Hall, part I
• Glenn Hall, part 2
• Glenn Hall, part 3

GCC volleyball coach Roger Majeski has been suspended for an apparent recruitment violation, a spokesman for the National Junior College Athletic Association confirmed this evening.

The NJCAA is also forcing the team to forfeit its games played with the player in question, and the player will be ineligible to play with the team for the remainder of the season. The player is reportedly a freshman who joined the team this year from California.

Mark Krug, director of sports information and media relations for NJCAA, confirmed the details in an e-mail, but said he could not say more about the situation.

Calls late this afternoon to GCC have not yet been returned.

Majeski is a highly regarded coach, having led the GCC team since 1987 and notching more than 800 wins in his career. His teams have made 11 appearances at the national tournament, and he's been awarded Region III Coach of the Year nine times, as well as AVCA Northeast/Southeast Regional Coach of the Year three times.  He has coached 14 All-American athletes.

Photo above is a file photo provided to The Batavian in December.

Who would ever have thunk that the idea of a President of the United States speaking to the nation's students on the first day of school could be controversial, but in the days leading up to the speech, Obama was accused of attempting to subvert school kids, turning them all into socialists, or worse, Democrats, and/or of using the speech to push a policy agenda through Soviet-style propaganda.

Who would have thunk that a simple message: Do your homework and stay in school could be seen as an inappropriate message from the President.

Imagine, a President proclaiming the virtues of personal responsibility being blasted by the opposition party.

“At the end of the day, we can have the most dedicated teachers, the most supportive parents, and the best schools in the world – and none of it will matter unless all of you fulfill your responsibilities,” Obama said in the speech.

“Unless you show up to those schools; pay attention to those teachers; listen to your parents, grandparents and other adults; and put in the hard work it takes to succeed. And that’s what I want to focus on today, the responsibility each of you has for your education,” Obama said.

The speech didn't stir much notice in Genesee County. Only two districts were in session today -- Elba and Pembroke. The other schools start tomorrow.

Elba Superintendent Joan Cole spoke with WBTA this morning and said use of the president's speech in the class room was optional for teachers.

"We haven't had any concerns expressed by any of our parents," Cole said. 

Watch the video above for yourself, in which Obama makes such supposedly un-American statements as:

And even when you’re struggling, even when you’re discouraged, and you feel like other people have given up on you – don’t ever give up on yourself. Because when you give up on yourself, you give up on your country.

The story of America isn’t about people who quit when things got tough. It’s about people who kept going, who tried harder, who loved their country too much to do anything less than their best.

First Ward City Councilman Bill Cox says there is growing opposition to the school district applying for a grant to develop the North Street Extension with a series of athletic fields.

To help give First Ward residents a chance to share their thoughts on the proposal, he is hosting a community meeting Saturday morning from 9:30 to 10:30 at the Salvation Army Headquarters, 529 E. Main St.

"There is growing public opposition to this development," Cox said in a statement today. "As a councilman, resident, and taxpayer, I want to present the feelings of First Ward residents and taxpayers to council at the next city council meeting. I will also share my position with our residents on this proposal during the meeting."

Doors will open at 9:15 a.m.

The Batavia Police Department conducted a check point on Law Street from 10 p.m. Friday to 2 a.m. Saturday and released details on the enforcement action today.

Two people were arrested for alleged DWI, one person for alleged operation of a vheicle while under the influence of drugs and another person for alleged unlawful possession of marijuana.

The following arrests were made:

Julian J. Matla Jr. 46, of 35 Church St., Le Roy, charged with DWI.

Christopher Herman, 30, of 39 Citation Drive, Henrietta, charged with DWI and endangering the welfare of a child.

Shaun P. Murray, 52, of 117 Friar Drive, Rochester, charged with driving while ability impaired by drugs.

Ellen A. Murray, 52, of 117 Friar Drive, Rochester, charged with unlawful possession of marijuana.

Paul R. Tenney, 39, of Batavia admitted in court today that he stole more than $106,000 from his  employer, Elcon, Inc..

Under terms of the plea agreement, Tenney could be sentenced to five years probation and either six months in jail, or a four-month intermittent term, plus he could be required to repay the stolen $106,000.

Judge Robert Noonan released Tenney from jail following his guilty plea. Between now and his sentencing, Tenney will be under the supervision of Genesee Justice and must abide by a curfew from 6 p.m. to 6 a.m.

The jail sentence is the maximum time, under statute, that a convict placed on probation by a judge can be required to do, according to District Attorney Lawrence Friedman.

Tenney was arrested in early June for reportedly forging checks and falsifying business records.