Stories from

The criminal case of a Bergen woman accused of stealing $35,000 from a former Rochester resident has been dismissed, but Judge Robert C. Noonan's order dismissing the charges is being hidden in the defendant's now-sealed court file.

A court official said as a routine matter, case files are sealed when charges are dismissed.

Noonan's order would possibly include his findings in the matter and explain any deficiencies in the government's case and possibly include exculpatory information favoring the defendant.

Michele Case, 45, of 7100 N. Bergen Road, Bergen, was subjected to a criminal investigation by State Police after allegations arose that she improperly obtained funds the woman's accounts while caring for the ailing, elderly woman.

There were no arrests at Thursday's Green Day concert at Darien Lake Theme Park.

Five people received citations for alleged underage drinking:

Anne R. Mesmer, 20, of Woodstock Avenue, Tonawanda
Laura E. Hanzly, 20, of Pheasant Run Road, Amherst
Katelyn M. Kibler, 20, of Monarch Drive, Amherst
Melissa S. Deck, 20, of Vine Lane, Amherst
Joelle E. Breidenstein, 20, of Broadmoor Drive, Tonawanda

Darren M. Brooks, 24, of Hawkmeadow Drive, Irving, is charged with criminal contempt,1st, and harassment, 2nd. Brooks was allegedly involved in a fight with a woman while leaving a bar in the area of Sandhill Road, Alexander. Brooks is allegedly barred from having contact with that woman. He was jailed on $5,000 bail or $10,000 bond.

Elysia Marie Summers, 26, of South Main Street, Batavia, is charged with petit larceny. Summers is accused of attempting to shoplift from Kmart. She allegedly filled a large diaper bag with merchandise totaling $332.81.

Saul D. Standsblack, 32, of Parker Road, Alabama, is charged with criminal contempt, 2nd. Standsblack was allegedly involved in a fight at Jim & Bob's Automotive. There are no charges from that altercation; however, Standsblack allegedly had contact with a person he was barred from contacting during the incident.

Lisa Marie Franks, 38, of McDonald Street, Greensville, N.C., is charged with DWI and driving with a BAC of .08 or greater. Franks was allegedly observed leaving the Green Day concert at Darien Lake Theme Park driving in an erratic manner. Franks was followed by a citizen who phoned in a complaint about Franks' driving.

Buffalo Sabres legend Danny Gare has an important Genesee County tie -- his daughter and son-in-law live in Le Roy. And now he has a grandchild. His daughter just gave birth at UMMC, so he was in Batavia tonight and stopped in at South Beach for dinner with his son-in-law.

Above, South Beach owner Ken Mistler takes a mobile phone picture of Mary Kline with Gare. Below, Chef Arvin Ortiz -- a HUGE Sabres fan -- poses with Gare.

Four speakers, two opinions -- that was what it came down to at a public hearing Wednesday night on the issue of changing the terms of service for the County Legislature.

Former legislator John Sackett dislikes the idea so much he doesn't even think it should appear on the ballot. But another former legislator, Richard Rudolph, thinks it's a good idea that the people deserve to vote on.

Steve Ferry, who has been championing the idea, of course spoke in favor of it, and Bob Zegler spoke against it.

The proposal is to make legislative terms four years and stagger district elections so every seat isn't up for election every two years.

"I believe that you cannot have representative government by having longer terms of office," Sackett said.

Perry believes that four-year terms will reduce the sense of constant campaigning for legislators and encourage more people to run, making elections more competitive.

"If you do not get challenged in life, in business, as a legislator, then you do no fulfill the dreams of the public," Perry said.

Zegler spoke against the current proposal, but said he would like to see the County Legislature abolished and return county government to the hands of a Board of Supervisors.

On Wednesday, the Legislature will be asked to vote on a resolution authorizing a ballot initiative on the proposal.

A possible electrical problem is reportedly creating smoke in the house at 32 Canterbury Lane, Bergen.

Bergen Fire and Le Roy's ladder truck are being dispatched.

Mutual aid requested from Churchville.

Michele Case, 45, of North Bergen Road, Bergen, is charged with endangering the welfare of a child. Case is accused of failing to provide supervision for her juvenile son when he got off the bus at his residence.

John H. Holliday, 47, of Batavia, is charged with offering a false instrument for filing. Holliday was charged by State Police for an alleged incident on July 21. No further details were released.

Ray E. Baker, 46, of Batavia, is charged with DWI and aggravated DWI. Baker was stopped by State Police at 8:38 p.m., Sunday, in Stafford.

From inside the County Legislature's chambers.

The 86th season for the Batavia Concert Band is drawing to a close. Tonight, the group of experienced professionals and enthusiastic amatuers presented its second-to-last show of the summer at Centennial Park.

More than 200 people were on hand in the warm, beautiful evening to hear a mix of classic and popular tunes.

The Concert Band performs its finale of the season at 7 p.m. next Wednesday in Centennial Park.

An apparent attempt to steal DVDs from an adult product store on Ellicott Street led to a search of the Buell Street neighborhood this afternoon.

A Batavia Police officer believed the man ran into a wooded area near train tracks off of Edward Street and the search was called off. 

A short time later, the owner of Pandora's Boxxx, 4818 Ellicott St., Batavia, drove down Edward and spotted a man fitting the description of the suspect.

The store owner remained in his car, called 9-1-1 and followed the suspect down Edward and into the Elmwood/St. Joseph Cemetery.

Uniformed and plain clothes officers from the Sheriff's Office and the Batavia Police Department arrived on scene and at about that time the suspect decided to try to run.

He was apprehended quickly.

The man is identified as Micahel J. Piasta, 30, of East Main Street, Batavia.

He is charged with attempted petit larceny.

The store owner praised his employee for providing an exact description of the suspect to Deputy Chris Parker, who handled the investigation.

(initial report)

Batavia resident Frank VanApeldoorn was positioned on Ellicott Street this afternoon with his religious sign. VanApeldoorn said today wasn't the first time he's stood in front of the former Dellapenna building with his sign. He's also travelled around the region, and even around the country, with his sign. VanApeldoorn, a member of Calvary Baptist Church on Galloway Road, said he likes the Dellapenna's location because it's visible, but still out of people's way and, "It's where God put me."

A 21-year-old Holland Avenue resident has been arrested by Batavia Police and accused of rape.

Detectives say Michael Lanham had consensual (see clarification below) sex one time with a 15-year-old girl, and on another occasion forced himself on her.

Both incidents occurred in July, according to Det. Kevin Czora and Det. Todd Crossett.

Lanham is also accused of taking and possessing explicit pictures of the girl.

He is charged with rape, 1st, rape, 3rd, promoting sexual performance with a child and possessing sexual performance with a child.

Lanham is being held in Genesee County Jail without bail.

CLARIFICATION: The original press release said one of the sex acts was "without consent," and I changed that into "consensual," which legally means something different. The girl, being underage, can't have consensual sex. Det. Czora clarified it this way: "On one occasion, there was no 'force' used, and the charge was based on the ages of the defendant and the victim. On a second occasion, she was considered legally 'physically helpless' and her age was not a contributing factor."

Batavia Police are looking for a subject in the area of Buell Street, west of Cedar Street.

The subject may have committed a petit larceny at Pandora's Boxxx on Ellicott Street.

A partial description, a white male with a tanned complexion wearing a plaid shirt and gray undershirt.

UPDATE (3:25 p.m.): The owner of Pandora's Boxxx reportedly spotted the suspect and followed him down Edward Street, where he ran into Elmwood/St. Joseph Cemetery. Police arrived and he tried to escape but appeared to run out of energy, or willpower, and was quickly apprehended.

A Batavia man who stole a wallet from a car on Gateway Drive and used credit cards to make purchases at stores on Veterans Memorial Drive is facing two to four years in prison after pleading guilty in Genesee County Court today.

Kyle C. Monroe admitted in court that he stole the wallet and removed a credit card and a debit card, he also admitted to a violation of probation.

Monroe was convicted of possession of stolen property, 4th, on March 9 and is now considered a second felony offender for purposes of sentencing.

Defense Attorney Jerry Ader asked that his client be released under supervision so that Monroe can take care of some personal matters before going away to prison. Ader said that Monroe has been living with his girlfriend on State Street Road and started classes at GCC before his last arrest.

"I won’t forgo the possibility of release, but that doesn’t sound like a promising plan," Judge Robert Noonan said.

Bail on the larceny case is set at $5,000 and bail on the probation violation is $10,000.

Sentencing was set for Sept. 23.

Previous coverage:

• Reader tips help lead to arrest of larceny suspect
• Alleged credit card larcenist also accused of violating probation
• Police Beat: Man allegedly found driving stolen Caravan
• County Manager Gsell helps apprehend alleged car thief

Parents, do your back-to-school shopping now.

Starting in October, under the 123-day-late budget passed by the Senate last night, clothing priced at under $110 will once again be assessed a 4-percent sales tax.

That's one of the provisions to increase revenue.

Even so, Associated Press reports that budget isn't balanced and Republicans complain that it both raises taxes and increases spending (Gothamist).

The revenue package is expected to generate $1.5 billion dollars and was approved by the Senate on a 32-28 vote.

A soda tax was not included in the bill.

The total budget: $136 billion.

Buffalo News: New financing provision for UB not included in budget.

New York Times: With Connecticut trying to woo hedge funds, the budget doesn't include a change in state law that would have taxed bonuses as ordinary income.

Albany Times-Union: Statement from Gov. Paterson's office.

LoHud.com: Senate is planning property tax cap.

Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)

Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.

A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.