Stories from

An Oakfield couple was allegedly found last night to posses a substantial amount of crack cocaine after the Genesee County Drug Enforcement Task Force obtained a search warrant for 26 S. Pearl St., Apt. 2.

Investigators reportedly found $300 in crack cocaine and $300 in marijuana during the search of the residence and related vehicles.

Taken into custody were Dennis "Dookie" R. Lloyd-Butler, 27, and Mandy Lloyd, 29.

Investigators reportedly found marijuana in the glove box of Mandy Lloyd's car.

Lloyd-Butler was charged with criminal possession of a controlled substance, a felony, and criminal possession of marijuana. Mandy Lloyd was charged with unlawful possession of marijuana.

Lloyd-Butler is being held in Genesee County Jail without bail. Mandy Lloyd was issued an appearance ticket.

The Sheriff's Office reports additional charges are pending.

Assisting in the investigation were the Genesee County District Attorney's office, City of Batavia's Emergency Response Team, Genesee County Sherif's deputies, New York State Police officers and K-9 "Jay."

Patrick W. Collins, 46, of Batavia, is being held on $2,500 bail after allegedly attacking his wife. Collins reportedly threw his wife against a wall, put his hands around her neck and threatened to kill her. He is charged with menacing in the third degree. The alleged incident occurred last night around 11:30 p.m.

Martin G. Pacer, 29, of Corfu, allegedly violated an order of protection by punching another person in the face Wednesday night around 11 p.m. The incident occurred in Pembroke. He is charged with criminal contempt and harassment. Pacer is held in Genesee County Jail on $5,000 bail.

Just after midnight, the Le Roy fire department was called to a structure fire at 8484 E. Main St. Road where upon arrival they found the house fully engulfed, according to reader Gary Spencer.

Lorie Longhany also e-mailed reports of the fire.

Neighbors from across the streets dog barked, woke owner up, he crossed the street and alerted the homeowners.  The husband went back in after car keys and he was burned and taken to the hospital -- wife and daughter also taken in for smoke inhalation.  House is a total loss.

Longhany, who lives on Lime Rock, said units from Le Roy, Stafford, Caledonia, Bergen and Pavilion responded. Route 5 was closed and traffic was sent around York Road and Church Road.

Also from Lorie: 

The hero in this fire was a dog named Rocket that is no stranger to alerting danger.  A couple years back this dog was out of his yard and barking around our friends pool.  His owner was calling him to come home.  He wouldn't -- kept barking around the pool.  When his owner went to retrieve him, he found that in the pool was my neighbors and good friends dog, Buddy who would have drown.  Last night, from what my neighbors first hand account, Rocket's barking alerted his owners to the burning house across the street.  The neighbor saw the flames and ran across the street and woke up the homeowners.  That dog may have saved three lives last night.

That's all the information we have on the fire at this time.

UPDATE: Lorie sends along this note this morning:

We took a ride by this morning, and as I said, we kept away from the scene and stood in our friends driveway after being awoken to all the commotion, but it appears that the structure is heavily damaged, but not burned to the ground by any means.  The fire fighters did a tremendous job.  It is really amazing the organizational skills that these volunteers put into play as they are battling a fire.  We watched in amazement.  Probably a good many of them were there till the early hours and then had to get up and go to their paying jobs this morning.

Also, she "cautions" that her account of Rocket is third person, having been told by a neighbor who spoke with Rocket's owner.

UPDATE II: WBTA reports:

The home was occupied by 54-year-old Rita Teeter, her 54-year-old boyfriend Daniel Bovee and her 25-year-old daughter, Jennifer Coombs.

Rita and Jennifer were treated at Strong Hospital for smoke inhalation and released.

Bovee was admitted to the hospital in satisfactory condition with burns to his face, head and feet.

Among Scott Doll's statements the night Joseph Benaquist was found dead in his Pembroke driveway, was: "I was there, but I didn't do it.," his defense attorney Paul Cambria said during a motions hearing today

Cambria is preparing a defense to explain away any statements that Doll might have made the night of the killing, Feb. 17,  that the prosecution could use as admissions of guilt.

Deputies found Doll walking along North Lake Road in Pembroke around 8:40 p.m. that night. According to initial reports, Doll was soaked in "fresh blood"  and "dressed all in camouflage" and carrying a car jack, a screwdriver and a lug wrench.

None of those items, however, were used in the murder, and among Cambria's other motions were ones related to the insufficiency of evidence that led to Doll's arrest warrant and warrants for the search of his vehicles, mobile phone and home.

The murder weapon has not been found.

Cambria made it clear during the hearing that he doesn't believe Doll killed Benaquist and opened the door to speculation that a third person was present at the time of the attack.

"There is no way anybody could testify that (only) my client was present at the time of the crime," Cambria said.

Outside of saying that Doll said "I was there, but I didn't do it," Cambria didn't share what other statements Doll reportedly made that night, but he's clearly concerned that some statements could damage his defense.

Among claims raised by Cambria during today's hearing was that Doll wasn't read his rights properly.

Meanwhile, while stating that the defense will not make any attempt to claim insanity or mental defect, Cambria is asking that an expert witness, a psychiatric professional, be allowed to testify who will  offer "an innocent explanation" of Doll's conduct and statements.

"We are not claiming at all (that Doll was mentally incapacitated)," Cambria said. "This is not a matter if 'I did it, however ... ' It's clearly a case of 'I didn't do it.'"

Cambria indicated that investigators improperly disregarded Doll's statement that he didn't kill Benaquist.

Due to the that statement not being fully considered, the timing and method of searches of Doll's van, as well as Doll's arrest without sufficient cause, call into question all of the warrants used in the case, according to Cambria.

The warrant application is "probably one of the most insufficient I've seen in my years," Cambria said. "It's kind of astonishing really that with no accusations in the warrant request that warrant could be issued."

First Assistant District Attorney David Gann took issue with Cambria's statements during his brief reply.

The warrant "provides numerous details that Mr. Cambria perhaps went by pretty quickly in his characterization of the warrant," Gann said. "It is lengthy and it is detailed."

Gann raised no issues of evidence or gave any indication of the prosecutions strategy during his reply to Cambria.

One of the defense's motions dealt with discovery and the issue of reviewing the medical examiners report. Gann said the report should be completed in three to four weeks.

County Court Judge Robert Noonan will issue a written opinion on all of the motions from today's hearing (many of them are routine and were submitted in writing only), but not until after a hearing, called a Huntly hearing, on the motion related to Doll's statements.

That hearing is scheduled for June 16 at 1:30 p.m.

UPDATE: Scott DeSmit obtained transcripts of Scott Doll's statements the night of the murder. Read his story for more details on Doll's statements.

An Angus calf has been roaming around Batavia-Townline Road for two days, according to Jonathan Lamb.

Lamb and neighbors have tried to capture the young animal, but it runs any time anybody approaches it.

"Maybe you remember Woody from last year -- I don't know if we have another Woody on our hands, but I've called all the neighbors and nobody knows who it belongs to," Lamb said.

The calf is wandering in a field near the road, Lamb said.

If anybody is missing an Angus calf, Lamb said the owner should e-mail him at jonathanl (at) lambfarmsinc dot net.

Today's deal -- enjoy a good meal at Larry's Steakhouse with this $25 gift certificate available today at half price: $12.50 (plus a $1 service fee).

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

Scott Doll, accused of murdering Joseph Benaquist in February, is on the docket today at 1:30 p.m.  The docket lists "oral arguments" as the reason for the appearance.

We plan on being there for the hearing.

Glowing report on the GLOW Democrats blog about their recent BBQ fundraiser. It sounds like almost all of the local elected Democrats where there serving food and talking with party faithful.

Russ Stresing reports the event was a sell-out and raised $1,000 for local Democrats.

The long arm of Illinois law enforcement apparently got its man with the help of the Genesee County Sheriff's Office yesterday afternoon when William John Riley was stopped for excessive window tint on the car he was driving on Lover's Lane Road in Batavia.

Riley is either 32 or 39, depending on which date of birth he uses, and was allegedly wanted in Illinois on a charge of home repair fraud in Pontiac, Ill.

Sheriff's Deputy Ronald Meides became suspicious of Riley during the traffic stop, so Riley, who has been living in Rochester, was brought into the Sheriff's Office for questioning.

During the conversation, Meides suspected Riley of giving false information about his identity.

Riley's finger prints were live scanned at the Genesee County Jail and a short time later, his identity was confirmed, according to a Sheriff's Office press release.

Riley is being held without bail.

He faces additional charges  for the window tint and for carrying a radio in the car that is capable of picking up police frequencies.

Trisha Boyd, 20, of Glendale, Nova Scotia, Canada, is charged with endangering the welfare of a child. Boyd allegedly left two children unattended in a car while inside the Shoe Dept. store on Veterans Memorial Drive.

All eight school budgets up for vote yesterday won in their respective districts by comfortable margins, according to results posted on WBTA's site.

Batavia's budget passed 323 to 131.

In the only contested school board race in the county, Terrence Krajewski beat out Jeanne Walton for a seat on the Alexander board of education, 137 to 120. Sixteen school board members were elected without opposition.

Elba approved a bus purchase, 121 to 27. Pavilion voters also passed a proposition to purchase a bus, 191 to 93.

Pembroke agreed to a contract with the Corfu Library (373 to 135) and passed a proposition to purchase buses, 377 to 134.

Le Roy also approved its library budget 424-106.

I came across a crew of News 8 out of Rochester on Main Street today interviewing Lynn Freeman, president of the Chamber of Commerce, outside the chamber's office. It sounded like they were talking about business development issues.

The Batavia Daily News seems intent on teaching City Manager Jason Molino a little lesson after getting scooped on Fire Chief Tom Dillon's resignation. The lesson: Don't fight with people who buy ink by the barrel.

Friday, Batavia's "paper of record" published an editorial slamming what they called City Manager Jason Molino's secrecy.

It was pretty harsh.

City administrator Jason Molino, isn't talking, and neither are ''his'' employees -- we say "his" because that is how he refers to them, even though taxpayers pay their salaries.

In the editorial, they say Dillon's resignation became public only because a help wanted ad was spotted in the Democrat and Chronicle. That's not, shall we say, accurate.

The Batavian broke the story and it had nothing to do with an ad appearing in the D&C. If you read the original post, you'll see, we didn't even know about the ad when we first posted our story. We got the story the good old-fashioned way -- by talking with sources.

Of course, the Daily can't give credit where credit's due -- that would violate Tom Turnbull's mandate that the newspaper never print The Batavian's name (well, they did have to take our LLC ad).

Yet, the staff there pays attention when we get stories before them, and the Dillon scoop seems to have particularly rubbed the "newspaper of record" the wrong way.

Today, the lead story is about the fire chief but it doesn't tell readers much new. We already know that Molino would handle interim administrative duties for the department and that the four captains turned down the interim position. That takes care of the first two paragraphs of the story. From there, we're treated to the details of the Daily trying to get more information from the city and Molino's unresponsiveness.

The Daily News had asked City Manager Jason Molino what the city's plan was in lieu of a chief. He did not return phone calls or e-mails. Cox forwarded questions from The Daily News to Molino, who then sent a reply to all councilmen. He still has not replied to The Daily News.

After explaining the 211 waiver situation (again, nothing new here), we get more back-and-forth on the Daily's attempts to get more information from the city. Then we read again the fiction that the public wouldn't have known about the situation if the Daily hadn't asked:

The Daily News had also sent an e-mail last week to all City Councilmen to find out why the public was kept in the dark about Dillon's departure. The news was publicized only after The Daily News asked Molino and Dillon about Dillon's employment status.

Now, I can certainly sympathize with the editorial staff's frustration at getting shut out of communication with Jason Molino and city staff. We've made those complaints public ourselves, and perhaps with a tad too much arrogance and pettiness, but some honest reporting is in order here. The Daily got beat. It happens in a competitive news town. Between the Daily, The Batavian and WBTA, we've all had our own scoops in the past several months, and we will all continue to develop our own sources and stories and get some of them first. That's the way it goes. Unless a source deliberately burns you, there's no point in getting upset with government officials because another news outlet did its job and got the information.

UPDATE: I just saw the print edition -- this story is banner headline on the top of the front page.  Meanwhile, Pagent of the Bands folding after 35 years, and the Daily put most of that story below the fold. That's a huge story in a community like this.  Nice scoop. Wish I had it.

There are a couple of places in Genesee County where you can go to get a passport, such as the post office or the County Clerk's office, so Rep. Chris Lee's indefatigable push to get a regional passport office in Western New York seemed a little over done.

Yesterday, I e-mailed County Clerk Don Read and asked him to clarify the urgent need for such an office.

Read explained that normal processing through his office can take 4 to 6 weeks, and eight weeks during peak periods. There is a process for expedited processing, but these options are either inconvenient or expensive.

June 1, The Western Hemisphere Travel Initiative takes effect and it will require passports or passport cards for people traveling to and from Canada.

Read said the change in travel requirements will catch more people by surprise as unexpected trips arrive.  A passport office in WNY will make urgent acquisitions of passports easier.

"Many people are preparing for this by obtaining one of the acceptable documents, but there will be many whose travel to Canada will not be anticipated or routine," Read said. "These are the cases where a Passport Agency in Western New York will be extremely valuable and will provide our area with the same type of service which already exists in other areas across the norther border and also the southern border.  The Niagara Frontier is one of the busiest access points to Canada."

Lee's and Rep. Brian Higgin's constant attention to this issue seems to have paid off. On Friday, Lee put out a press release stating that the State Department has agreed to open a passport agency office in the Buffalo-Niagrara Falls region.

In a joint statement, the lawmakers applauded the State Department’s decision, while cautioning that it was not yet official:“The State Department has informed us of its intention to open a passport office in the Buffalo-Niagara Falls region. This is great news for Western New Yorkers, who currently have to travel to New York City or Detroit to acquire a passport in short order, all while living just miles from one of the nation’s busiest border crossings. Of course, this is just the beginning of a process, but we are confident that at the end of the day, Western New Yorkers will have access to this one-stop shop for passports. In the meantime, we will continue to work with federal, state, and local officials to ensure the implementation of the next phase of WHTI goes as smoothly as possible for local residents and businesses.”

Donal Slubecky, 47, of Alden, was arrested for alleged trespassing for the purposes of hunting in Batavia. Slubecky was allegedly turkey hunting on posted land off of Kelsey Road. He was taken into custody this morning at 6:48 a.m.

(Photo submitted by Stacey Smith)

A vacant bungalow at 28 Hutchins Place was heavily damaged in a late-night fire that had crews from the city and town of Batavia on scene for more than three hours.

The blaze apparently started in the rear porch area and quickly spread to the main structure. The home was "well involved" by the time fire crews arrived, according to a Batavia Fire Department release this morning.

The cause is under investigation.

The home was owned by Nathanial Williams.

No injuries were reported.

View Larger Map

View Larger Map

More photos from Stacey Smith:

We have three great gift certificates available today: T.F. Brown's, Batavia Downs Grandstand Bar and Grille and Main St. Pizza Company.

T.F. Brown's features a great bar, sports on several televisions and a fun and tasteful menu.

Batavia Downs Grandstand Bar and Grille is set in one of Genesee County's great entertainment spots.

Main St. Pizza company is one of the areas post popular restaurants, and recently took first place in The Batavian's polls for favorite pizza and favorite wings.

All three gift certificates are for $25 and available through The Batavian for $12.50 (half off!), plus a $1 PayPal service fee.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

T.F. Brown's

SOLD

Batavia Downs

SOLD

Main St. Pizza Company

SOLD

Today is the day to weigh in on school spending through out Genesee County, with several districts holding budget votes this afternoon and evening.

In Batavia, voters are being asked to approve a .33 percent tax increase to fund a $39.9 million budget.

Three incumbent school board member are also up for re-election, all running unopposed: Gail Stevens, Gary Stich and Andrew Pedro.

Polls are open from noon to 9 p.m.

In Alexander, there is no change in the tax levy and the budget stands at $16.8 million. Polls are open from 1 p.m. to 9 p.m.

In Byron-Bergen, the $19.4 million budget does not include a change in taxes. Polls opened at 6 a.m. and close at 9 p.m.

In Elba, the spending plan is up 1.9 percent for a $9.9 million budget. Polls are open from noon to 9 p.m.

In Le Roy, No tax increase in the $21 million budget. Polls opened at 7 a.m. and close at 9 p.m.

In Oakfield-Alabama, taxes will climb less than 2 percent for a $16.8 million budget.

In Pavilion, No tax increase. Spending: $16.3 million. Noon to 9 p.m.

In Pembroke, taxes will go down by 1 percent and proposed spending drops 2.3 percent for a $19.3 million budget. Voting: Noon to 9 p.m.

Apparently, Genesee County is so far slated to get an out-sized portion of Federal stimulus funds.

From the Jamestown Post-Journal:

Last week, an Associated Press study found that stimulus dollars announced so far are not going where they are needed the most and that stimulus spending is 50 percent higher in counties with the lowest unemployment rates compared to counties with the highest even though it is meant to put people back to work.

That holds true across New York state, according to an analysis of AP's figures by The Post-Journal. According to the analysis, eight of the top 10 counties receiving the most stimulus money per person in New York state are not in the top 10 for unemployment.

At the top of the list is Genesee County, which stands to gain $5.5 million in stimulus funding approved so far, or $93.81 per person, even though it ranks 34 in unemployment with a rate of 8.9 percent. Next is Seneca County, which stands to gain $3.1 million, or $91.70 per person, even though it ties Genesee County with an unemployment rate of 8.9 percent.

Likewise, eight of the 10 counties with the highest unemployment rates are not in the top 10 for stimulus funding. At the very bottom is Lewis County, which stands to gain only $842,667, or $31.83 per person, with an unemployment rate of 11.9 percent. Next is Hamilton County, population 5,075, which has so far gotten nothing but has an unemployment rate of 11.8 percent.

I haven't been able to find the original AP story to double check the figures. 

According to this article, however, Genesee County wasn't included in any of the latest round of my released by Gov. Paterson.

Rep. Chris Lee (R-26) is asking the government to step in and help save dealerships -- or at least the jobs they represent -- that have been slated for closure by Chrysler and General Motors.

In a statement, Lee said " the rapid and potentially disorderly elimination of thousands" of dealerships could put 150,000 people out of work.

Lee is asking the Treasury Administration's Auto Task Force to instead implement a plan that would allow for "market forces " to consolidate dealerships.

According to Lee's statement, "More than 60 members of congress, both Republicans and Democrats from districts all over the country, signed on in support of the letter.
 

Full press release after the jump.

Press Release:

WASHINGTON – Congressman Dan Maffei (D-NY) and Congressman Chris Lee (R-NY) are leading the effort to save local auto dealership jobs. Maffei and Lee wrote a letter to the Treasury Administration’s Auto Task Force, headed by Mr. Steven Rattner, to request the Task Force reconsider the forced closure of dealerships across the country in favor of a more flexible and transparent process that would allow for market forces to consolidate dealerships. More than 60 members of congress, both Republicans and Democrats from districts all over the country, signed on in support of the letter.
 
Congressman Dan Maffei said: “We all recognize that the economy is not favorable to the auto industry right now. We’ve seen layoffs from manufacturers and we expect to see more dealerships consolidate and close this year. However, forced closure of arbitrary dealers will not necessarily help automakers, and it certainly will not help our local economy. We are asking the Task Force to hold off on forced closures and allow more time for smarter consolidation and attrition of our local dealerships. These dealerships employ hundreds of people across our area in good-paying jobs, they sponsor our little league teams and our pancake breakfasts, they have been an integral part of our community for generations -- and all we are asking for is that they be allowed to make the best decisions possible for their businesses.”

Congressman Chris Lee added: “Hundreds of good-paying jobs in Western New York are tied to the future of local dealerships, and we can’t afford to lose them due to hasty decisions made in Washington. In many cases, dealerships are small, family-owned entities that are deeply connected to the communities they serve.  We have asked the auto task force to take a long, hard look at this issue to ensure an open and transparent process that is fair to both the dealers and their customers.”
 
Bailey Wood, a spokesman for the National Automobile Dealers Association (NADA), commended this action by Congress: “Representatives Maffei, Lee and more than 60 of their colleagues recognized the important role that neighborhood auto dealers play in their communities.  With the local auto dealer as the largest private employer in many small towns, the rapid disruption in the local job market will have an even greater negative impact on the local economy.  A more balanced and fair approach to the inevitable consolidation of dealerships will be better for all parties, and we strongly encourage the Auto Task Force and President Obama take heed of the suggestions made in this letter.”
 
A copy of the letter is below. A list of those Members who co-signed the letter will be released shortly.
 

 
The Honorable Steven Rattner
Counselor to the Secretary of the Treasury
United States Department of the Treasury
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220
 
Dear Mr. Rattner:
 
We are writing to express our serious concerns regarding the decision by the Auto Industry for the rapid and potentially disorderly elimination of thousands of Chrysler and General Motors dealerships.  This action, if implemented, could put approximately 150,000 people out of work.  Since these dealer reductions and its ripple effects would have a serious and adverse impact on the United States, we would like to ask you to inquire with the companies about their rationale for revoking franchise agreements with thousands of dealerships.
 
To justify these job losses, GM and Chrysler are apparently relying on a misperception that new car dealers create a cost burden to auto manufacturers.  This is not true, on average reportedly almost all of an automaker’s revenue comes from dealers purchasing the automakers’ vehicles.  Far from saving money, a rapid reduction in dealerships could very likely reduce GM’s and Chrysler’s revenue and market share.  
 
Automobile dealers are one of the largest private sector employers in the United States, providing tens of thousands of local jobs and contributing millions of dollars in tax revenues to states. Auto dealers are anchors in communities throughout the country and many times ownership is passed down from generation to generation. In addition many auto dealerships are minority owned and have traditionally provided strong local community support. Each dealership creates an average of 52 neighborhood jobs and these positions typically pay twice the national average as other retail-sector jobs.  Dealers have invested about $233 billion to create an auto sales network that provides a vast distribution and service channel for consumers.  In fact, automakers created the franchise dealer network specifically to lower their costs, as they outsource virtually all costs associated with selling and servicing cars. 
 
Last year, over a thousand auto dealers closed their doors for good.  Further thinning of the dealer ranks through normal market, dealer-driven consolidation, and other forces is inevitable.  The action being proposed has not taken into effect the impact on communities and workers, and without any evidence that massive and immediate dealer reductions are necessary to restore the financial health of GM and Chrysler.
 
We appreciate the enormity of the mission your Task Force has undertaken to help the auto industry.  However, we are concerned the reduction of dealerships, at a time when the national unemployment rate is rising, is counterproductive policy. We respectfully request that the Auto Task Force urge the companies to provide more transparency and justification on forced dealership closures, revisit their decision and consider the damaging effects on local communities.
 
Sincerely,
 
 

______________________________
Daniel B. Maffei
Member of Congress
 
______________________________
Christopher J. Lee
Member of Congress