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The Oakfield Labor Daze Music and Food Festival has two main components. We've covered the weekend's music.  Here's a look at the other part of the festival -- all the good food being served up by about a dozen vendors.

Monday's Schedule:

• 10 a.m.: Parade
• 11 a.m.: Salvatore
• 1 p.m.: Terry Buchwald (Elvis)
• 4 p.m.: Songbirds (Fleetwood Mac)

And food vendors all day.

Like any serious collector of vinyl records, Cheektowaga resident Joe Spath comes across many decades old records with little to no value—copies of the soundtrack to “South Pacific,” for example, or any Mitch Miller LP. Ditto Burl Ives. To say these records are a dime a dozen is to overstate their value.

That's why Spath grabs those records from the pile when he finds them to turn them into wall art.

Using computer-guided cutting tools, Spath turns the vinyl records into tributes to legendary artists, such as Chuck Berry, Paul McCartney, Elton John, ABBA, the Bee Gees, and so on.

He carves an artist's image or logo into the record and prints out a faux record label he downloads from the Web to cover over the original less desirable label.

Spath is one of the vendors this weekend at the Oakfield Labor Daze Music & Food Festival.

He started cutting records about 12 years ago. 

"I've been doing this because it makes people happy," the Navy veteran said Sunday.

A former DJ, Spath said he has cataloged in his collection of "keepers" 8,000 LPs, 2,000 45s, 1,500 CDs, and even a lot of cassettes.

The collection spans the 1940s to the 2000s and pretty much every genre of music.

"Variety is the spice of life," he said.

There are close to three dozen vendors at the festival this weekend.

Sunday night's headliner, Nerds Gone Wild -- perhaps Western New York's most popular cover band -- thrilled all their fans who turned out in Triangle Park for their headlining performance on the second day of the Oakfield Labor Daze Music & Food Festival.

While waiting for the band make its grand entrance, one woman from Arizona approached a reporter and praised the festival. She couldn't believe all the music was free. And she loved all the food options. She said she extended her vacation an extra week just to see Nerds in Oakfield.

Photos by Howard Owens.

Hazzard County, a Buffalo-based country music band, got a late start due to heavy rain, lightning, and thunder but still put on an all-out performance for music fans Sunday in Oakfield.

Photos by Howard Owens.

The Eaglez, an Eagles tribute band, performed Sunday afternoon at the Oakfield Labor Daze Music and Food Festival.

The band's set was cut about 20 minutes short by a torrential downpour.

Photos by Howard Owens.

On Saturday at Labor Daze in Triangle Park in Oakfield, Mayday Buffalo was the afternoon band, and Dave Viterna Group was the headliner for the night.

The rest of this weekend's lineup:

On Sunday:

• 11 a.m. to 12:30 p.m.: Russ Peters Group
• 12:30 to 3:30 p.m., Eaglez tribute to The Eagles
• 3:30 to 6:30 p.m.: Hazzard County
• 6:30 to 9:30 p.m.: Nerds Gone Wild

On Monday:

• 11 a.m. to 1 p.m.: Salvatore
• 1 to 4 p.m.: Terry Buchwald tribute to Elvis
• 4 to 7 p.m.: Songbirds tribute to Fleetwood Mac

The Labor Daze Parade is at 10 a.m. on Monday

Photos by Howard Owens

Genesee Ted kicked off three days of live music in Oakfield for the Labor Daze Music & Food Festival.

Also on Saturday, Mayday from 4 to  7 p.m. and Dave Viterna Group from 7 to 10 p.m.

On Sunday:

• 11 a.m. to 12:30 p.m.: Russ Peters Group
• 12:30 to 3:30 p.m., Eaglez tribute to The Eagles
• 3:30 to 6:30 p.m.: Hazzard Country
• 6:30 to 9:30 p.m.: Nerds Gone Wild

On Monday:

• 11 a.m. to 1 p.m.: Salvatore
• 1 to 4 p.m.: Terry Buchwald tribute to Elvis
• 4 to 7 p.m.: Songbirds tribute to Fleetwood Mac

The Labor Daze Parade is at 10 a.m. on Monday

Photos by Howard Owens

Previously: Catch 'a little bit' of the flying bug during Wings Over Batavia this weekend

Photos by Jim Burns.

One of Batavia's most accomplished bands, The Bluesway Band, packed the house on Friday in Jackson Square for a night of classic rock and blues-based rock.

Photos by Howard Owens

A train is stopped, blocking multiple roads, in Corfu for a reported fire.

Ellinwood and Colby roads are blocked.

Corfu Fire is on scene.

UPDATE 10:13 a.m.: A train car at a crossing, apparently at Ellinwood, is smoking.

UPDATE 10:14 a.m.: A deputy emergency coordinator on scene confirms a fire in a train car. A thermal imaging camera will be used to locate the precise location of the fire.

UPDATE 10:18 a.m.: A CSX truck is just arriving on scene. Firefighters are looking to consult with CSX personnel before proceeding.

UPDATE 10:21 a.m.: The car is full of construction material -- 200,000 pounds.  The fire is at the bottom of the car. The question is whether to fight the fire at the present location or send the train on its way.

UPDATE 10:23 a.m.: The fire is starting to burn through the bottom of the car.

UPDATE 10:25 a.m.: A CSX dispatcher advises that if firefighters can inject water into the location of the fire, do it.  It might be possible to get water in through the hole.  Chiefs on scene have decided to move the train so that the car is at Snippery Road where there is a fire hydrant.  It may be necessary to bring a ladder truck.

UPDATE 10:53 a.m.: The water main leading to the hydrant at Snippery has cracked open. Tankers are required to the scene. A second alarm is being called. 

UPDATE 10:58 a.m.: The thermal camera indicates the fire is burning at about 400 degrees. Since firefighters already laid out a line from Route 33 to the crossing, tankers will charge the line from the Corfu Fire Hall parking lot. 

UPDATE 11:29 a.m.: The plan is to fill the car up with water and drown the fire.  This will be a long operation. 

UPDATE 12:20 p.m.: The Corfu operation is shutting down. The train is going to be moved "elsewhere."

A 48-year-old man accused on Wednesday of firing a gun at an unoccupied car at a mobile home park in Batavia was accused in Texas in 2014 of plotting an insurrection and planning the mass murder of men, women, and children at a mosque in Washington D.C.

Robert James Talbot Jr., who attended Pembroke High School and once lived on Pratt Road in Batavia, was admitted in Federal Court in 2014 to attempted interference with commerce by robbery and solicitation to commit a crime of violence and was sentenced to Federal Prison in November 2015.

State troopers arrested him on Wednesday following an investigation into an incident at Babcock Mobile Home Park, 5066 Clinton Street Road, Batavia, and charged with reckless endangerment in the first degree, criminal mischief in the third degree, and two counts of criminal possession in the fourth degree.

The vehicle was apparently struck six times by bullets. State Police gathered forensic evidence to determine where the shots had been fired from, along with interviews, which led to the arrest of Talbot. Talbot was allegedly found in possession of a Savage Mark II .22 LR Rifle and an H+R 1871 Pardner Pump 20-gauge shotgun.

According to court documents from 2014, Talbot created a Facebook page in 2013 called the American Insurgent Movement, where he shared his plans and tried to recruit "like-minded" people.

He reportedly recruited undercover FBI agents.

Then a Katy, Texas resident, he said his goal was to “to restore America Pre-Constitutionally and look forward to stopping the Regime with action by bloodshed.”

According to the documents, he planned to fund his insurgency by robbing banks and to kill everybody working for banking cartels.

He also said he wanted his recruits to use full-automatic AK-47s to send the "Muslim brotherhood a message they will never forget."

He also wrote a manifesto that said, “We must rebel. There is no other option no. Blood and bullets are the only two things that will change this world, short of divine action.”

NYSP investigators have not shared any information about Talbot's possible motivation for firing gunshots at the 2016 Ford Explorer, which did have the appearance of a law enforcement vehicle.

The date of his next court appearance has not been released. As of Thursday morning, he was being held pending arraignment in Centralized Arraignment Part Court.  His current release status is unknown.

State Police said he has no known residential address.

As a small business owner, Bruce Scofield says trying to operate in the great State of New York is like being part of an abusive relationship.

You know it's wrong and bad for you, but you can't give up the relationship.

"Everybody else can recognize it, but in your heart, you're hoping it gets better," Scofield told The Batavian on Wednesday. "Maybe that's a bad analogy, but in my eyes, it's a great analogy for being a New York State business owner. It's an abusive relationship. You love (the state). It's not the perfect thing but you're always hopeful it will get better."

The latest slap in the face for Scofield, the founder and owner of Scofield Transfer & Recycling in Stafford, was a call from his Mack truck dealer.

The stark message: Don't expect to ever again be able to buy a diesel truck in New York.

The reason is a new state regulation that aims to decrease the number of carbon-emitting trucks on the roads in favor of fully electric vehicles.

It's not that diesel trucks aren't still being sold in New York; they're just a lot harder for a small business owner to buy. New regulations favor fleet buyers, large companies that buy multiple trucks annually. The guy who only buys one truck every two or three years has been pushed to the margins.

Under the new rules, truck dealers must ensure that 10 percent of all new trucks sold are electric. 

"'When we sell one electric truck,'" the dealer told Scofield, "'we get one credit, and we can take that one credit and turn around and sell a diesel motor fuel truck.' He says, 'But if we can also take that one credit,' and he used (a large grocery chain) as an example, just as a matter of speaking, and he said, 'Just say, (the chain) wants 10 trucks?' He says, 'We can use that one credit and sell one customer, a fleet of up to 10 trucks off of that one credit.' He said, 'So if we get one credit, who do you think we'll use it for?' He says, 'Do you think we're going to use it on Bruce Scofield or we're going to use it (for the fleet customer)?'"

The dealer told Scofield, "Your chances as the law reads now of ever getting a brand new truck again -- it will never happen. It's slim to none because we can't use that credit for you."

Scofield isn't against electric vehicles.  He accepts the threat of climate change. He just doesn't think the current technology is practical.

An electric truck is $600,000 to $650,000, compared to up to $400,000 for a diesel.  Then Scofield would need to buy a charge station. A charger that takes 12 hours is $50,000. A charger that takes six hours is $150,000. He would also still need to buy a packer for the back of the truck, which is another $200,000.

Then, the truck would need to be charged every 100 miles.

"In my situation, our trucks go 300 to 400 miles every day," Scofield said. "They haven't perfected it yet. If they had it perfected where they could go 300 or 400 miles, I'd be the first one to have electric because it's hard to find mechanics. In the grand scheme of things, if they ever do, it'll be a great thing, yeah, but they're trying to ram something down our throat that isn't perfected yet."

Scofield said he understands the need to reduce carbon emissions. That isn't his issue with the mandate.

"I'm all for the environment, you know," he said. "I want our environment for my grandchildren. A lot of things, such as when I do things for the County Fair (for example), that's not for me; that's not for publicity. I've got little, young grandchildren. I want that fair thriving, so when they're 8, 10, or 12 years old, things are just rocking, and they have that thing going, that they have the fair sustaining, like when I was a kid, you know. So a lot of my thinking at this stage of the game is for my future generations."

A new business challenge to overcome
Scofield grew Scofield Transfer & Recycling from the ground up, so he's not daunted by challenges.  

After selling an oil business, he became a landlord and was shocked to find that Waste Management charged $500 for a Dumpster roll off.

He figured if somebody came with a Dumpster roll off that was half the size, "they would sell like hotcakes."

"I started with one truck and four boxes and within two weeks, I had 10 boxes," Scofield said. "Now between Dumpsters and roll offices, I'm over 1,000."

He employs more than 20 people. His son Tyler is now a partner in the business. 

When he decided to expand, it wasn't easy. He decided to buy a shuttered transfer station in Stafford owned by Waste Management. The purchase agreement took two years to negotiate, and WM dragged its feet.

He said he boycotted WM, not hauling garbage to the company's facility. That got their attention.

When he got a call about it, he told the company, "You guys screwed me on this transfer station that you said you were going to sell to me."

A local manager decided to help get the deal pushed through with upper management.

Then, it took two years to jump through the state's regulatory hoops and get financing.  The state required a $50,000 deposit on any potential fines.

He had difficulty convincing a regional bank to give him a loan.  Eventually, he secured $75,000 from the bank and a $75,000 low-interest loan from the Genesee County Local Development Council (part of GCEDC). 

He was raising his son alone at the time.

"When I opened this place in 2011, I was flat broke," Scofield said. "I was hauling fuel by five-gallon pails. That's how broke I was. I shut off the cable in my house."

The industrial development agency was particularly helpful in the process, he said. He gives VP of Business Development Chris Suozzi all the credit.

"They were huge, and (Suozzi) was instrumental in getting me financing for that."

He also received tax abatements through GCEDC for construction costs.

He said that he pledged to create five new jobs within five years, and he blew past that goal.

With that background, Scofield isn't intimated by the new state mandate.

"You know," he said, "I'm going to be crafty enough. I'm going to buy used trucks, or I'm gonna go out of state, even if I have to start a business in Ohio just as an entity; I've got friends out there that they've got a commercial location, so I'm always gonna be crafty enough to get around it. But why should we, as business owners in New York State, have to do that?"

Not public knowledge
Scofield doesn't think the new rules have been widely publicized and a lot of people haven't learned yet what the impact will be on New Yorkers.

This was perhaps illustrated by a conversation he had with Tim Hens, county Public Works commissioner, after a Wings Over Batavia committee meeting.

Hens did some "napkin math" and figured out that, at a minimum, the new regulations could cost the county $40 million. Hens confirmed the conversation with The Batavian.

"I wouldn't have known this if it didn't pertain to me," Scofield said. "It's not public knowledge. "There wasn't any publication. Nobody knew about it. They did it with the swipe of a pen without any understanding of what's going on."

It's that lack of forethought that bugs Scofield the most.  He's willing to accept sensible rules. Without the proper forethought, he suggests, this isn't one of them.

He understands that not all regulations are inappropriate. The waste management business is one of the most regulated in the state. The regulations help make him a better operator, he said. He understands why they exist.

"Every law that the state puts on me to run this business, I agree with 100 percent," Scofield said. "I don't feel like all the state's against me. I understand it. I comply with it. I agree with them. So I'm an advocate for the laws they put on me, but a lot of times, the customers don't understand. So like coming in, we can't allow untarped loads, and I enforce it to the hilt. A lot of people will come in and think they're entitled or they don't have to do it next time. No, I say, 'My daughter-in-law is going down the road with my grandchildren in the car -- do you think because you're lazy, that I want stuff flying off at her to get in an accident and kill my grandchildren? That's how seriously I take it, but they want to argue back."

He has a sign at the entrance to the transfer station that invites customers who don't want to follow the rules or be rude to take their business elsewhere.

So, like any troubled relationship, his with New York is filled with mixed emotions.

He loves the people and the community here. He doesn't think the small-town values of Genesee County can be found in Florida or Texas. He helped Le Roy Ambulance raise $40,000 for a new ambulance.  The community pulling together like that isn't happening in a lot of other places, he said.

"I don't want to go anywhere, and I'm free to fold up my tent and go wherever I want. I choose to be here," he said. "It's just a great area. I love the area."

State Police are investigating an apparent shots-fired incident at 5066 Clinton Street Road, Batavia.

A photo of a white SUV submitted by a reader looks like it could be an unmarked law enforcement vehicle and shows, potentially, six bullet pockmarks, including four in the windshield.

According to Trooper James O'Callahan, the public information officer for Troop A, there were no injuries. However, O'Callahan was not on duty Wednesday night, and he said he couldn't provide more information until Thursday.

The vehicle was unoccupied at the time the shots were fired, O'Callahan said. O'Callahan did not comment on whether the vehicle was law enforcement or not.

He said an arrest has been made.

UPDATE: Press release from NYSP, Troop A:

On August 28, 2024, The Bureau of Criminal Investigation arrested Robert J. Talbot, 48 with no known address for Reckless Endangerment 1st degree, Criminal Mischief 3rd degree and Criminal Possession of a Weapon 4th degree (2 counts).

On August 28, 2024, at 12:39 P.M., Troopers out of SP Batavia responded to a complaint of a parked vehicle believed to be shot by a weapon at Babcock Mobile Home Park, Clinton Street Road in the town of Batavia. Investigation determined that an unoccupied 2016 Ford Explorer parked on the street was shot multiple times in the windshield. The NYSP Forensic Identification Unit began processing the scene to designate an area of interest as to where the shots originated from. With further interviews and after processing the scene, Talbot was arrested and the two weapons a Savage Mark II .22 LR Rifle and an H+R 1871 Pardner Pump 20 gage shotgun were recovered from the residence following a consent to search. Talbot is a convicted felon.

Talbot was transported to SP Batavia for processing and taken to Genesee County CAP Court pending arraignment.   

The seemingly anti-business posture of New York's government dominated a conversation on Tuesday at Chapin International in Batavia during Assemblyman Steve Hawley's visit with CEO Tim Onello and other Chapin executives.

Onello said it would help the state's business climate by lowering taxes and reducing mandates and regulations.

"There's just all the extra laws and things you have to maneuver when you're in New York," said Onello, a Buffalo native who became CEO four months ago.

The barriers to business expansion drove Chapin, said Bill Kegler, VP of operations, to open a plant in Kentucky a few years ago.

"We had to go out of state ... unfortunately, because the environment in New York is restrictive and tough, just tough to grow a business," Kegler said. "It's just not conducive to success, to the continued company success."

Hawley noted the echo of history.  Chapin occupies the former Sylvania factory, which relocated to Tennessee in 1976.

"It has been a recurring theme economically speaking and business speaking for many, many decades," Hawley said. "Apparently, we didn't learn from our past mistakes."

Onello said Chapin has no specific legislative requests at the moment and with the Legislature in between sessions, Hawley didn't have much to offer in the way of possible business-related bills the Legislature might consider.

After the talk, Hawley was provided a tour of the factory.

Previously: Genesee County's oldest manufacturing company celebrates 140 years in business

Jon H. Bush, Jr., 41, of Batavia, was arrested on two warrants and also charged with assault 2nd and obstructing governmental administration 2nd.  On Aug. 5, Batavia patrol officers conducted a traffic stop on Park Road and observed Bush attempting to hide in the back seat. Officers were aware of warrants for Bush's arrest. He was ordered to exit the vehicle. After getting out, Bush allegedly attempted to flee on foot. He allegedly fought with officers and injured one of them before he was taken into custody. He was arraigned in City Court and jailed without bail.

Vinayek A. Graves, 20, of Kansas City, Kansas, is charged with possession of a forged instrument 2nd, identity theft 1st, and forgery 2nd. Graves was arrested on Aug. 8 following an investigation into a fraud complaint. He was arraigned and released.

Nicholas M. Ricigliano, 40, of Batavia, is charged with petit larceny. Ricigliano is accused of stealing an umbrella stand from a business on Bank Street on Aug. 21. He was issued an appearance ticket.

Branco J. Blanco, 60, of Batavia, is charged with dog running at large and owning an unlicensed dog. It is alleged that Blanco allowed two dogs to run at large on State Street on Aug. 18. The dogs allegedly bit a person who was walking in the area.  Blanco was issued an appearance ticket.

Jeffrey G. Ellinwood, 65, of Batavia, was charged with criminal trespass 2nd and criminal mischief 4th. It's alleged that Ellinwood broke into a residence on Porter Avenue on Aug. 15. He was arraigned and released.

Jerry T. Saddler, Jr., 48, is charged with criminal mischief 4th, criminal obstruction of breathing, and harassment 2nd. Saddler is accused of striking another person, grabbing that person by the neck, and taking the person's phone to keep the person from calling for help. He also faces charges from an Aug. 14 of criminal obstruction of breathing involving the same victim. He was arraigned in City Court and held in the Genesee County Jail.

Michael C. Smith, 32, of Batavia, was arrested on four warrants. The warrants were issued after Smith allegedly failed to appear in court on four separate criminal cases. He was arraigned in City Court and remanded to the Genesee County Jail. 

Geoffrey M. Anderson, Jr., of Brockport, was arrested on Aug. 16 on two warrants, including a warrant alleging bail jumping 3rd. The warrants were issued after Anderson allegedly failed to appear in court on a trespassing charge from 2017. He was arraigned in City Court and released. 

Aaron Joshua Anwar, 18, of Batavia, is charged with petit larceny. Anwar is accused of stealing merchandise from Dick's Sporting Goods on July 31 at 3:03 p.m. He was processed at the Genesee County Jail and released on an appearance ticket.

Leeanne Krull, 55, of West Main Street Road, Batavia, is charged with criminal contempt 2nd. Krull is accused of violating an order of protection at 12:43 p.m. on July 31 at a location on West Main Street Road, Batavia.  The order of protection had been issued in Centralized Arraignment Part Court just hours earlier. Krull was processed at the Genesee County Jail and released.

Justin Timothy Gladney Sr., 35, of West Main Street Road, Batavia, is charged with promoting prison contraband 1st and criminal possession of a controlled substance 7th.  Gladney is accused of bringing crack cocaine into the Genesee County Jail at 9 a.m. on Aug. 1. He was held for arraignment.

Tricia M. Blatt, 37, of East Main Street, Byron, is charged with endangering the welfare of a child.  Deputies were dispatched at 1:40 a.m. Aug. 3, to Byron to investigate a complaint of a broken window, possible criminal mischief.  Deputies located Blatt and determined she was allegedly too impaired to care for her child. There was no evidence of criminal mischief. Blatt was arraigned and released.

The following people were charged on Aug. 1 while attending the Kenny Chesney concert at Darien Lake Performing Arts Center:

• Jonathon M. Morris, 19, of Rochester, was charged with trespass after allegedly reentering the concert venue following an ejection.
• Avery J. Dieterle, 19, of Akron, is charged with trespass after allegedly reentering the concert venue following an ejection.
• William A. McCray, 57, no permanent address, is charged with harassment 2nd after allegedly striking another person while inside the concert venue.

Businesses often experience setbacks, and the ones that survive are those that find ways to adjust. Lori Steinbrenner took that approach when, after a couple of years of trying, she couldn't find a qualified nail technician.

Steinbrenner, who has owned Personal Preference Salon and Spa in Le Roy for 34 years, partnered with three other experienced businesswomen to open the front of her shop as a specialty boutique.

"I relocated the waiting area to the back of the shop (previously set up for pedicures and manicures) and put the boutique in the front of the salon," Steinbrenner said. "It's a unique little gift store."

The store is called New 2 Main the Boutique at Personal Preference.

Steinbrenner's partners are Becky Kelly, owner of Flowers by Becky, Heather Hunt, owner of Pastique, and Liz Broussard, owner of Indigo Lux.

She said the products are decorative pieces mixed with modern, BoHo-style handbags and accessories, along with fresh-cut flowers.

Personal Preference is located at 34 Main St., Le Roy.

The ongoing pre-trial process for two defendants connected to an incident at Batavia Downs on March 9 that led to the death of Sgt. Thomas A. Sanfratello continued in Genesee County Court on Friday morning.

Michael J. Elmore is charged with first-degree manslaughter, and Lyndsey J. Wilcox, charged with assault in the second degree, appeared separately in court for hearings on the admissibility at trial of statements they made on March 9 and 10 to police officers. 

The hearings, called a Huntley Hearing, are standard pre-trial appearances in criminal cases.

Sanfratello died shortly after midnight at Batavia Downs during a disturbance that allegedly involved Elmore and Wilcox.  The incident began when Sanfratello, working a special detail at the casino, was dispatched to 34 Rush, a bar in the casino, for a disturbance. He asked those involved, which reportedly included Elmore and Wilcox, to leave the facility.  Wilcox was reportedly complying when she started to resist. Elmore then allegedly attacked Sanfrantello. During the struggle, Sanfrello reportedly suffered a medical event, possibly involving his heart, and died.

Today's hearing focused on statements made by Elmore and Wilcox that were captured by body-worn cameras of police officers, a corrections officer, and a criminal investigator.

At the end of the hearings, Judge Donald O'Geen said to issue a written ruling before the defendant's next court appearance in on Sept. 20.

The first witness called was Deputy Kevin McCarthy, who testified that while preparing to transport Elmore back to the Monroe County Jail following a hearing in Batavia Town Court on March 12, Elmore made the spontaneous (meaning nobody in law enforcement asked him a question or otherwise spoke to him) statement "my life is over." (The Batavian also video recorded Elmore leaving the courthouse -- see video at the top of this story)

No other witnesses were called during Elmore's hearing.

Detective Jason Ivison, Batavia PD, testified that his first contact with Wilcox was just before noon on March 10, when he interviewed Wilcox at the Genesee County Jail. Ivison was apparently the first person to inform Wilcox that Sanfratello had died.

She was already distressed, he said, and that news upset her more.

He read her his Miranda warnings ("You have the right to remain silent," etc.) and then questioned her. His body-worn camera was turned on a DVD of the recording was entered into evidence. 

She agreed to talk with Ivison.

Ivison said Wilcox told him that she had been drinking heavily before going to Batavia Downs and that she had blacked out. She said she didn't remember anything from her time at the casino and didn't understand why she was in jail.

Batavia Patrol Officer Joseph Weglarski testified that he responded to the incident on March 9 while it was in progress. He was later assigned to drive Wilcox to the Genesee County Jail.

He said he didn't ask Wilcox any questions and made no statements to her.  He said she called him several expletives, including "bitch" and "dumb-dumb." 

He said his body-worn camera was on the entire time during the transport. A DVD of that recording was entered into evidence.

Senior Corrections Officer Jason R. Queal took the stand next.

Queal testified he was on duty when Wilcox was brought into the jail for processing, and he handled her intake. He said didn't know why Wilcox was brought to the jail. He later learned there had been a disturbance at Batavia Downs and, then, later learned that Sanfratello had died. Still, during that entire morning, he did not know Wilcox and Elmore were involved in that incident. 

He said Wilcox indicated she did not know why she was at the jail. 

Then Elmore was brought in for intake processing. 

During intake for both defendants, Queal had his body-worn camera attached to his uniform and turned on.

The two defendants were in separate but neighboring cells.  When Elmore started yelling and accusing Queal of breaking his arm, Queal activated his body-worn camera again (it had been off for 45 minutes to an hour). He placed it on a table so that if faced Elmore's cell (the view of Wilcox's cell was blocked by equipment).

He said Wilcox could be heard on the recording. 

He said Elmore was making threatening statements toward him and about law enforcement in general.

He said Wilcox was asking anybody she could why she was in jail. He said he told her he didn't know and didn't hear anybody else give her a reason for her confinement. 

After the hearings, O'Geen said jury selection in the trials will begin on June 16 and take at least three days. The two trials are expected to up to a month, going into the middle of June.

After court, District Attorney Kevin Finnell confirmed both trials would be held simultaneously with both defendants in the courtroom. He said it will be up to the defense attorneys to elect whether to have a single jury for both defendants, separate juries, or have one or both defendants receive a bench trial (no jury, with the judge deciding guilty or not guilty).  He said there is no indication yet how the defense will decide to proceed.

For previous coverage of the case and related events, click here.

The search for a new president and CEO of Western Regional OTB is well underway, with the field of global candidates getting narrowed, and the expectation Henry Wojtaszek's replacement is announced before the end of the year, Dennis Bassett told reporters on Thursday.

The discussion with reporters came at the conclusion of the OTB's monthly board meeting at Batavia Downs.

"The search is moving; it is moving along actively, and we're doing our due diligence," said Bassett, chairman of the OTB board.

"We have narrowed the field down," he added. "I'm not going to say how many we have now but we've gone through a step process with the first wave of applicants, narrowed that down, did another perusing by the committee, narrowed that down, and now we're not far away from being able to make some decisions."

Bassett said that when the field is narrowed sufficiently, the entire OTB board will be involved in the candidate interviews, and the board will make the final decision on which candidate to hire.

At its June meeting, the OTB board authorized the buyout of employment contracts for Wojtasek, CFO Jackie Leach, and VP of Operations William White. In the same resolution, the board authorized Bassett to form a CEO search committee.

On Thursday, Bassett said the committee received resumes from applicants that is global in scope, but among the criteria the committee is using to screen candidates is knowledge of the regulatory, legislative, and political landscape of New York.

"One of the key ingredients is knowledge of the New York politics, knowledge of the New York Legislature, how you can work your way through the maze, and how you can help us shed a better light on OTB," Bassett said. "Because one of the key things that I have seen is that we need to do a better job of making sure that the people in Albany know what we're doing and that they look upon WTB as a positive because no one ever asked me, 'are you guys making any money?' In the last two years, we have had record earnings. We are on track to have our third consecutive year of record earnings. No one asks me those questions. No one wants to know. No one wants to see that we're a very successful corporation."

Erie County media has repeatedly speculated on whether Buffalo Mayor Byron Brown would be a candidate for the job. Bassett suggested Brown hadn't applied but then took it back, saying he wouldn't discuss specific candidates.

"I've heard that speculation, too," Bassett said. "If Byron Brown is interested, he'll put his name in," but added that the resume process is closed now.

Asked, "Are you suggesting he has not applied for the job?"

"I'm not suggesting anything like that," Bassett said.

Asked later in the conversation if Brown had applied, Bassett said, "I'm not going to give any answer about our applicants. I'm not going to answer about who has applied for the job, whether it's Byron Brown or anyone else. It's unfair to any candidate to give a name because the candidates who have applied for the job have a job. If I give their name and they don't get the job, how do they go back to their employer and say, 'Well, I was out fishing, and I didn't catch any fish, so I'm back. I'm back, coming to work today.'"

Bassett, a Democrat who represents Monroe County, said he recognizes the need to move quickly if OTB is to have a new CEO in place before Dec. 31, Wojtasek's last day of employment. 

Part of what drives the need to move quickly is at the executive level. For some employers, a mere two-week notice isn't sufficient. An executive may need to give a 30-day notice.

"That's why I have been very keenly aware that we have to move swiftly to try and get through this search process," Bassett said. "The longer you wait, the tougher it is. You don't have good candidates hanging on the fence. We've tried to be very crisp, we've tried to be very thorough, and we've got a very metrics-driven process that we're using, and I think it's working well. The board is going to have some good candidates in front of them for the interview."

Whoever is eventually hired, Bassett suggested, will have big shoes to fill.  Wojtasek is popular with staff, with customers, and has delivered record-breaking results in recent years.

"I have a great working relationship with Henry," Bassett said. "I applaud him and will continue to sing his praises because he's been great to work with. He's been great with the employees. He's been really great with this board. So Henry's electing to leave. Henry is looking for a different challenge. And quite honestly, what better way to leave than leave on top? And I've got to give him his props."