Stories from

A "general alarm of fire" has been sounded at 5 City Centre, the Girl Scouts of America. City fire crews are responding.

A person at the office tells dispatch that there is nothing showing. Dispatch also reports other alarms sounding in the building.

It's a beautiful evening and the vendors are getting all set up, so come on out for Summer in the City in Downtown Batavia.

An organization that specializes in helping under-served rural communities improve medical care has agreed to open offices in the new med-tech center under construction on Steven Hawley Drive, accross the street from GCC.

The Batavia-based Western New York Rural Area Health Education Center (R-AHEC) is a non-profit independent organization that creates community partnerships to educate and place health care professionals in under-served rural areas.

Additionally, UMMC has received a "certificate of need," allowing it to sign a long-term lease at the new facility.

As a not-for-profit community hospital, UMMC is regulated by the state and is required to seek approval for projects involving expansion of services or renovations to its facilities.

The approval will allow UMMC to move its two physical therapy operations into a single, more modern and high-tech space with improved handicapped accessibility.

Overnight, a witness observed somebody entering parked cars along Cedar Street and called police.

Police officers E.E. Bolles and Frank Klimjack located the suspect on East Avenue and allegedly found him with the fruits of his crime -- items taken from a parked vehicle, including a bottle of prescription medicine.

Charged with petit larceny and possession of a controlled substance was Benjamin Evans, 20, of 11 S. Main St., Batavia.

Evans was arraigned before City Court Judge Michael Del Plato and bound over on $3,000 bail.

Carlson's Studio, 39 Jackson Street, Batavia, N.Y.  Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $100 gift card for $50 (with $2 PayPal fee).

Adam Miller Toy & Bicycle, 8 Center St., Batavia, N.Y.: Here's a toy store suitable for your own fun, or your children's. From models to bikes, from board games to outdoor games, Adam Miller is just a fun place to shop. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

O'Lacy's Irish Pub, 5 School St. Batavia, N.Y.: In Irish pubs, it doesn't get more authentic than O'Lacy's.  Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, N.Y.: An institution in Batavia, Alex's offers a great dining experience, whether you're in the mood for prime rib, ribs or seafood.  We have a $50 gift certificate for $25.

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.

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

All items sold for today.

A "rural justice attitude" will prevent at least one of the defendants in the June 18 Elba bank robbery from getting a fair trial in Genesee County, according to Batavia defense attorney Thomas Burns.

Burns is defending Matthew J. Wells, who is accused, along with two other men from Buffalo, of robbing the M&T Bank branch in Elba, making off with at least $10,000 in cash, and then leading local law enforcement on a five-hour manhunt (with Wells being the final suspect caught).

In papers filed Thursday, Burns cites extensive media coverage of the robbery and manhunt, with special attention on The Batavian, as part of his change of venue motion.

Comments made by readers on The Batavian, as well as quotes from local law enforcement officials cited in coverage on The Batavian, indicate, according to Burns, that local jurors would be prejudiced against his big city client.

Among the five reader comments Burns includes in his brief is this one by Jeff Allen left the day after the robbery:

"Let's give major kudos to our local law enforcement agencies. The fact is these thugs thought that driving out to a hick town near a Thruway exit would be an easy knock off and escape back to the city. They got a quick introduction to rural justice. The only question that loomed yesterday was who would get them first, the police or a ticked off land owner with a shotgun! Great work everybody (Howard included), you did our area proud!"

Burns also cites quotes from Chief Jerome Brewster of the Genesee County Sheriff's Office and District Attorney Lawrence Friedman in The Batavian suggesting the suspects thought a rural bank might make an easy target.

His change of venue motion rests on three key points:

• Intense media saturation coverage in a small, rural community with "sensationalized reports" combined with instantaneous and interactive technologies.
• Lack of racial diversity in Genesee County (only 2.6 percent of the population is African-American).
• The fact that some 30 to 35 percent of the people living in Genesee County were directly impacted by events that day, primarily because of the BOCES-imposed school lock down.

But it's the news coverage of The Batavian, and the comments on posts, that take up the bulk of the motion by Burns.

The attorney argues that the nature of media has changed, making the case for venue change even more compelling. The last change of venue granted was made by a local appellate court in a 1983 murder case. The trial was moved from Livingston County to Monroe County out of concern for "rural justice" attitudes and local media coverage.

"It is submitted that widespread use of internet news services will require courts to carefully assess the impact of instantaneous news reporting from on-line news services upon small rural counties reacting to high-profile crimes," Burns writes.

"It is reasonable to conclude that the Fourth Department Justices grappling with the Acomb, supra, decision in 1983 would have found the extent of localized publicity significantly increased had that decision been made after 1992, when the internet became widely accessible to the public, and even more so today where internet news sources saturate homes and businesses with instantaneous news of local concern and provide interactive content with subscribers and readers. Of the news services cited herein only the traditional print media and Time Warner services require reader/viewers to pay a fee. 'The Batavian' cited at length in this affirmation is available 24 hours per day without fee. In contrast, in Acomb, it is believed that media resources were exceedingly limited when compared to today's media outlets."

Burns also cites "extensive negative press" following bail review hearings for co-defendants Demone Dillon and Dennis Abrams as the reason he didn't seek bail for his client. Both Dillon and Abrams were offered bail of $250,000 and bond of $500,000 following hearings in which both defense attorneys and the prosecution discussed details of the cases at length. Following both hearings, written and verbal confessions were made available in the public case files. The Batavian reported details of the June 18 events from these sources.

District Attorney Lawrence Friedman said he doesn't believe Burns will win his motion and that it's premature for a change of venue motion because jury selection hasn't even started yet.

"Normally, you wait until you select a jury and then document the difficulty in doing so because of pre-trial exposure," Friedman said.

Friedman, who said he regularly follows local law enforcement cases on The Batavian, said it's rare for media coverage to impact the ability of attorneys to impanel an impartial jury and that it's too soon to say if new media is going to make that job harder.

Burns agreed that it may seem early to file a change of venue motion, but he said court rules compel him to file all of his motions within a certain time frame. In order to preserve the rights of his client, he said, he had to file the motion before today.

On behalf of Wells, Burns filed several other motions Thursday, including one to suppress any statements Wells made after his arrest.

Burns contends that Wells was not read his rights for more than two hours after his arrest. During that time, Burns states, Wells expressed a desire to remain silent and to speak to an attorney, but investigators kept pressing Wells to talk. Wells was arrested at 2:51 p.m., but it wasn't until 5:35 p.m., when a written confession was placed before Wells to sign, that he was read his Miranda rights.

Burns also claims there is a lack of reliable eyewitness testimony to place Wells at the Elba bank. The witnesses can only describe the robbers as black, Burns contends, and cannot positively identify Wells as one of the men inside the bank.

These facts call into question the evidence provided to the Grand Jury that led to the indictment of Wells on the bank robbery charges.

Burns also tipped his hand on a possible defense. Wells, in his defense, will assert "lack of knowledge and understanding of the criminal activity as a result of duress or improper influence by one or both of the co-defendants."

The change of venue motion was filed with the New York Supreme Court, Appellate Division, Fourth Department. The other motions were filed with Judge Robert Noonan in Genesee County. Noonan will hear arguments for the motion at 10:30 a.m. on Sept. 8. There's no word on when the appellate division might issue its ruling.

Previously:

• Manhunt in progress near Townline and 63
• Elba robbery suspects identified, arraigned and held without bail
• 'I messed up,' Elba robbery suspect texted wife while hiding from police
• Third suspect in Elba robbery enters not guilty plea
• Elba robbery defendant reportedly sterling citizen prior to alleged crime
• Suspects didn't know what they were getting into when they chose Genesee County
• Two Elba robbery suspects to answer to charges in court tomorrow
• Alleged Elba bank robbers indicted by grand jury

One of my favorite blogs about rural issues, the Daily Yonder, carries this:

What promised to be a consensus-building search for solutions for American’s unsustainable fragmented health problems has turned into a debacle. Make no mistake about it, this is the fault of the President — no one else.  I say this as a supporter of President Obama. I’m a lifelong Democrat. I voted for Barack Obama with enthusiasm and I still have his bumper sticker on my car and pickup truck.

And

I can tell you that his first mistake was to discount the good advice he was getting from rural Senators on both sides of the aisle. Obama is an urban president and he’s been looking to the coasts for direction. He should be looking more to the Plains.

Read the whole thing.  It's a disappointing and disturbing assessment. If the president really screwed the pooch on health care, it will cast a pall on the next three years of his presidency. That's not good for the country, whether you like the president or not or are a localist or a nationalist or not.

Strong winds and cloud-to-ground lightening is expected to pound Genesee County from now until 11 p.m.

The National Weather Services advises people to move inside to avoid being struck by lightning.

Winds up to 60 m.p.h. are expected.

One person suffered a minor injury in an accident Wednesday at 6:43 p.m. when the driver of one car reportedly tried to make a left-hand turn on to Batavia-Oakfield Townline Road from Route 63.

Lisa M. Pursel, 39, complained of neck pain following the accident and was transported to UMMC.

Pursel, of 222 Liberty St., Batavia,  was driving a 2006 Toyota sedan northbound on Route 63 when she attempted to go around an uninvolved southbound vehicle that was also making a left-hand turn.

It appears Pursel did not observe the oncoming, southbound car of Jason Siverling, 35, of 57 Redfield Parkway, Batavia.

Siverling had his three children, ages 2 to 6, with him in his car at the time of the accident. Neither Siverling nor any of the children reported any injuries.

The accident was investigated by Deputy Chris Parker.

There is a severe thunderstorm watch taking effect at 7:23 p.m. for Western New York, and it will be in effect until 2 a.m.

How many ways can New York come up with to tax us?

That's one of the things Batavia resident Louis Dobbs wonders.

Assembly Steve Hawley and Sen. Mike Ranzenhofer held a joint press conference at the Batavia home of Dobbs today calling for a repeal of a recently enacted two-percent tax on utilities.

"It just never seems to end," Dobbs said. "Just when I thought New York State had exhausted all the possible ways to tax us, they find one more way to squeeze a few more dollars out of our wallets." (listen)

Hawley and Ranzenhofer are asking their constituents to sign petitions, which they, along with other Republicans in the legislature, will take to Gov. David Patterson, hoping to convince him to drop the tax.

The tax is scheduled to take effect next July.

Hawley said these are very difficult times in upstate and Western New York, and the new fees and taxes don't help (listen).

To sign the petition yourself, you can contact Steve Hawley’s office at 589-5780, or click this link: Sign the Petition

(This post based on the reporting of Geoff Redick from The Batavian's news partner, WBTA.)

By the time fire crews from Indian Falls and Pembroke arrived on scene of a truck fire this afternoon, the tractor, but not the trailer, was fully engulfed in flames.

Firefighters quickly noticed a placard on the trailer warning that it hauled an oxidizer chemical and notified dispatchers. Genesee County's hazmat team was dispatched to the fire location -- the Flying J off the Thruway at Route 77 in Pembroke.

While it took firefighters from Indian Falls, Pembroke, East Pembroke and Corfu nearly an hour to battle the blaze, they did manage to contain most of the fire to the tractor, according Tom Yaeger, emergency management coordinator for Genesee County.

The fire was initially reported at 1:22 p.m..

The fire did extend into the trailer, the but it was kept well away from the hazardous chemical, Yaeger said.

The chemical was potassium nitrate. The chemical has a wide variety of uses, including fertilizer and fireworks. At one time it was used as a food preservative for meats.  In this case, it was stored in a small electrical component, Yaeger said, and did not spill or leak.

Still, it was a good thing the hazmat team was already in place because more than 240 gallons of diesel fuel leaked into the Flying J's drainage system.

The system, Yaeger said, is designed to contain such spills and none of the fuel went beyond the Flying J property. Most of it wound up in a containment pond, where hazmat crews were able to soak up most of the diesel.

At 4:30 p.m., Yaeger and his team, as well as Pembroke's fire crews, were still on scene awaiting the arrival of a private company to finish the clean up.

There were no injuries in the fire or as a result of the spill or the emergency efforts.

Route 77 was shut down for a couple of hours as a result of the incident.

The tractor is described by a Sheriff's Office report as a 2006 Volvo Tractor, owned by Homes Freight, Inc., out of Ontario, Calif. The tractor was a total loss.

Previously: Fire involving chemicals at Flying J

NOTE: If any of the firefighters who responded happened to take pictures, we would be happy to share them with readers.

Apparently, the arms are down and the lights are flashing at the train crossing on Wortendyke Road in Batavia, but there's no sign of any train.

Alexander Fire is being dispatched to a report of railroad ties on fire at Genesee Street and Maplewood Road in Attica.

UPDATE: Attica is being dispatched for additional manpower. The first responder reports its only a couple of ties on fire, but in the midst of very steep terrain and will be accessible on foot only.-

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Hazmat crews are responding to a truck fire at the Flying J on Route 77 at the Thruway in Pembroke.

The chemical involved hasn't been identified yet, but there is some concern about it mixing with water used to put out the fire and going down a storm drain in the parking lot.

The fire has been extinguished. The primary fire was contained the tractor with some extension into the trailer.

UPDATE: Around 3 p.m. Route 77, which was shut down in response to the chemical spill, was reopened.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually).

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: From cozy to contemporary is what you'll find at this well-stocked gift store. We have a $20 gift certificate for $9.

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

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: Settler's has a 25-year history in Batavia of serving great, affordable breakfasts, lunches and dinners to Batavians. 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.

Picasso's

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South Main

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The Enchanted Florist

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Settler's

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Mark S. Hoadley, 46, of Geneseo, is charged with DWAI. Hoadley was stopped in Pavilion by State Police for allegedly failing to stay in his lane of travel. Hoadley was reportedly found with a BAC of .07 percent. He was issued a ticket for driving with ability impaired by alcohol and failure to stay in designated lane.

Samoni T. Hazle, 23, of Le Roy, is charged with DWI. Hazle was stopped on Route 33 in Bergen for allegedly straying from his lane of travel. State Police report Hazle registered a BAC of .09 percent. Hazle was also accused of having an open container.