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Retired general from Batavia accused of rape by daughter in Virginia

By Howard B. Owens
  James Grazioplene

A retired Army general who was born in Batavia, attended Notre Dame High School, and was nominated by the late Rep. Barber Conable to attend West Point, has been accused by his grown daughter of sexual abuse that started when she was a toddler and continued into her high school years.

The Army attempted to court-martial Maj. Gen. James J. Grazioplene, 69, who retired in 2005, last year. But a judge ruled the statute of limitations had run out under the Uniform Code of Military Justice, even though there was otherwise enough evidence to prosecute Grazioplene.

While Grazioplene avoided a court-martial, civilian authorities took up the investigation and Grazioplene was arrested Dec. 7 following an indictment by a grand jury in Prince William County, Va., on multiple counts of rape and incest.

Jennifer M. Elmore, 47, a Virginia resident, told the Washington Postwhich broke the story, her earliest memory of sexual abuse was when she was 3 years old and at her grandmother's house in Le Roy.

The military's investigation focused on events from 1983 to 1989. Virginia authorities concentrated on events in 1988 and 1989, when the family lived in Woodbridge, Va., where Elmore attended high school in her junior year.

According to the Post, Grazioplene has denied the charges, telling a reporter in September, “The charges are false and incorrect." Grazioplene and his attorney have declined to comment on the case otherwise.

Like many news organizations, the Post does not typically reveal the names of victims in sexual crimes but Elmore told the Post she wanted to go public.

According to the Post, reporters interviewed Elmore, other family members, including Grazioplene 's sister, coworkers, and reviewed letters, all of which corroborated some of Elmore's version of events.

Elmore said she's been estranged from her parents for years and her parents have tried to bridge the gap. She decided to tell the military about the alleged abuse in 2015 after a phone call where her parents apparently again tried to talk her into being part of the family again and her father said, according to Elmore, that “the only thing worse that I could have done to you is murder you.”

Grazioplene was nominated to West Point by Conable in 1967. He received a Bachelor of Science degree from the academy in 1971. His LinkedIn profile says he is currently CEO at Mission Readiness LLC. He's also worked for Total Life Cycle Support and DynCorp. International.

Le Roy PD fills cruisers with donated groceries and toys

By Howard B. Owens

Press release:

Le Roy Police Department’s first "Stuff the Cruiser" event this past weekend was a huge success.

On Dec. 16th, Le Roy police along with volunteers from Le Roy Rotary Early Act were stationed outside of Tops Market in Le Roy for the event.

Community members and local business owners donated enough food to fill five police cruisers, totaling almost 3,000 nonperishable food items. In addition to food, gifts cards and cash donations were also received.

All donated items will be distributed to local families in need this holiday season.

Le Roy police would like to thank Tops Market, Le Roy Rotary, Le Roy schools and all of the community and business owners who provided generous donations!

Le Roy police also partnered with Le Roy schools and Dunkin’ Donuts on Saturday, Dec. 15th, where 60 toys were donated, which will be distributed within the community by Le Roy schools. 

Le Roy loses in overtime to Cal-Mum, 59-54

By Howard B. Owens

Cal-Mum's Kyle Wade found his way to the basket as time expired and flipped a layup through the hoop to tie Friday's Oatkan Knights vs. Red Raiders boy's basketball game and send the game to overtime.

In overtime, Le Roy lost 59-54, even though Reece Tresco had a big night, scoring 25 points, including hitting three three-point shots in the fourth quarter and overtime.

Eric Wilson scored 11 points for Cal-Mum.

The boys game was the second half of a doubleheader that included a girls game against Cal-Mum. Click here for coverage.

In other boys basketball on Friday, Prattsburgh beat Notre Dame, 84-74.

To purchase prints (including pictures from the girls game) click here.

Le Roy girls open doubleheader against Cal-Mum with loss

By Howard B. Owens

The Lady Knights fell to the Cal-Mum Red Raiders in the first game of a rivalry doubleheader in Le Roy on Friday night, 48-42.

The game was tied going into the final minute but Cal-Mum was able to pull ahead to secure the win.

For Cal-Mum, both Elyse Van Auken and Brianna Raniewicz scored 15 points. Baylee Miller scored 10.

For Le Roy, Jillian Curtis scored 12 points and Kiaya Condidorio scored eight.

In other girls basketball games Friday:

  • Pembroke beat Byron-Bergen, 45-40;
  • Pavilion beat Perry, 45-38. For Pavilion, Lindsay Lowe scored 13 points, Lauren Kingsley, 9, and Aprile Beehler, 8. For Perry, Chelsea Pascoe scored 20 points and had 10 rebounds;
  • Elba beat Kendall, 69-22;
  • Notre Dame beat Wheatland, 45-30.

There's no report available for Batavia's game.

Le Roy lost the boys' game nightcap. Click here for coverage.

Law and Order: Two people arrested on bench warrants

By Billie Owens

Matthew James Florian, 30, of Pratt Road, Batavia, was arrested on a bench warrant Dec. 11 for alleged failure to comply with the terms of his conditional release stemming from a DWI guilty plea. He was released on his own recognizance and was scheduled to reappear Batavia City Court on Dec. 13. The case was handled by Batavia Police Officer Jason Ivison.

Jennifer Nichole Wenner, 31, of West Main Street, Le Roy, was arrested on a bench warrant out of Batavia City Court on Dec. 11. Batavia police responded to an address on East Main Street in Batavia for a suspicious condition. While on scene, police took Wenner into custody. She was arraigned and released and is due in city court on Jan. 30. The case was handled by Batavia Police Officer Arick Perkins.

Law and Order: Le Roy woman with previous conviction accused of driving while impaired by drugs

By Billie Owens

Roberta Ann Goodman, 51, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs -- with a previous conviction, a Class E felony. On Dec. 9 at 10:09 a.m., the Genesee County Emergency Dispatch Center received multiple calls of a motor vehicle being driven erratically westbound through the Town and Village of Le Roy. Le Roy Police Detective John Condidorio was able to catch up to the vehicle and initiate a traffic stop stop with the suspect vehicle on Main Road in Stafford. Sheriff's deputies arrived on scene and administered standardized field sobriety tests and Goodman was subsequently arrested. After being given a Drug Influence Evaluation at the jail by Deputy Matt Butler, a certified Drug Recognition Expert, Goodman was arraigned in Stafford Town Court and jailed in lieu of $2,500 cash bail. Additional charges are pending. In addition to Condidorio and Butler, the investigation by Deputy Ryan DeLong was assisted by Deputy Erik Andre and Deputy Kevin McCarthy.

Dustin L. Stump, 48, of State Street, Batavia, is charged with illegal disposal of items. He was arrested at 1:09 p.m. on Dec. 10 after allegedly illegally disposing of garbage in a privately owned dumpster. He was issued an appearance ticket for Batavia City Court and is due there on Dec. 18. The case was handled by Batavia Police Officer Marc Lawrence.

Mark S. Bradley, 58, of Pavilion, is charged with: criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; consumption of alcohol in a motor vehicle; and unauthorized stickers on windshield. He was arrested on Dec. 9 following a traffic stop on Warsaw Boulevard in the Village of Silver Springs. During the stop, he was allegedly found to be in possession of crystal meth, marijuana, marijuana paraphernalia, and an open container of alcohol. His vehicle was towed from the scene. He was processed at the Wyoming County Sheriff's Office and released to relatives. He was issued appearance tickets and is due in Village of Silver Springs Court on Jan. 7 to answer the charges. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan, assisted by Deputy Bradley McGinnis.

Shannon M. LaPaglia, 37, of Le Roy, was arrested at 6:22 a.m. on Dec. 9 by troopers out of SP Batavia and charged with DWI, unlawful possession of marijuana and vehicle and traffic infractions. Her arrest came after troopers responded to a property damage accident on Byron Road in the Town of Stafford. She allegedly failed standardized field sobriety tests. Troopers also allegedly located marijuana in her vehicle. She was transported to SP Batavia for processing and allegedly found to have a BAC of .13 percent. LaPaglia was released on an appearance ticket returnable to Stafford Town Court later this month.

Jason Lawrence McKenzie, 40, of Covell Road, Pavilion, is charged with petit larceny. He was arrested at 7:01 p.m. on Nov. 30 following a complaint at a retail store on Veterans Memorial Drive of shoplifting. He allegedly stole merchandise by passing all points of purchase without paying for the items. He was released on an appearance ticket and is due in Town of Batavia Court on Jan. 7. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Matthew J. Reed, 34, of State Street, Batavia, was arrested on a bench warrant out of Batavia City Court on Dec. 9. Police responded to an address on State Street for the initial report of a possible domestic incident. While there, he was taken into custody on the bench warrant. He was jailed on $500 cash or bond and was due in city court on Dec. 10. The case was handled by Batavia Police Officer Arick Perkins, assisted by Peter Flanagan.

J'zon A. Richardson, 20, of Central Avenue, Batavia, is charged with criminal contempt. He was arrested on Dec. 10 on a warrant out of Batavia City Court for an unspecified incident which occurred on Nov. 15 on Ellicott Street in Batavia. He was arraigned and jailed in lieu of $500 cash or $1,000 bond and is to return to city court at a later date. The case was handled by Batavia Police Officer Stephen Quider.

Attorney for John Duyssen calls charges baseless and product of government interference in families

By Howard B. Owens

The arrest of John Duyssen, a retired deputy and current town justice in Le Roy, is the product of intrusive government rules that mandate a reporting requirement on adults in various government agencies on even slight suspicion of abuse, according to his attorney Thomas Burns.

"As his attorney, it is my firm belief that as this case progresses it will become apparent that this arrest is the product of the ever-growing expansion of government in the personal matters of families and governmental intrusion upon the child-rearing rights and responsibilities of parents," Burns said in a statement issued this afternoon.

Duyssen was arrested by State Police on charges of endangering the welfare of a child and harassment, 2nd. He is accused of striking a child.

The statement from Burns suggests that Duyssen is accused of harming a member of his family but Burns is prohibited from discussing details of the case, so couldn't confirm who might be involved or how the case came to the attention of authorities.

Burns did note that under current regulations, a number of adults who might come into contact with a child, either at school or through social services or other agencies, have mandatory reporting requirements if they think a child has been harmed.

Burns said Duyssen told him that after news of his arrest broke this morning he has received an outpouring of support from people from throughout the community who know him.

"John has expressed to me his deep appreciation for the hundreds of contacts he has received from individuals who have reached out to him to express their support since articles concerning his arrest were published," Burns said. "I believe that such support speaks volumes about the character and integrity of John Duyssen and his impeccable reputation in the community as a retired law enforcement officer, community leader, businessman and father."

Duyssen retired from the Sheriff's Office in 2015 after 21 years of service to the county in which he won several awards, including the Carl Drexler Award, one of the highest honors in the state for a sheriff' deputy for exceptional career achievements and conscientious devotion to duty.

His boss for all those years on the force was Gary Maha, retired Sheriff and current member of the County Legislature. Maha said today he was shocked by news of Duyssen's arrest. 

"I always thought he had impeccable character," Maha said. "He was a great deputy and did a lot for the community. There was never any indication that he would be involved in any kind of child abuse case at all."

Duyssen's community involvement over the years has largely focused on working with kids in agriculture, including the 4-H Club, particularly the Swine Club, and helping to organize and run tractor pulls at the Genesee County Fair.

He and his wife, Jessica, have adopted five children and fostered many others and there has never been another complaint against Duyssen in more than two decades of raising and supervising children. The Duyssens have raised their children on a family farm on Bater Road in Le Roy and for years grew strawberries that they sold at the farm.

Burns said his client will fight the charges.

"John intends to vigorously defend himself in the court on the baseless allegations filed against him and has the utmost confidence in the criminal justice system and the judicial process," Burns said.

Before the arrest went public, Duyssen notified his supervisors in the Unified Court System of his arrest and Burns said he intends to comply fully with any restrictions imposed by his supervising judges with respect to his judicial role while this matter is pending.

It will be up to the supervising judge to determine whether he can continue to hear criminal cases while his own case is pending.

Burns said Duyssen has no intention to resign.

As with most towns, there are two justices in the Le Roy Town Court. The other justice in Le Roy is Darryl Sehm.

Duyssen is scheduled to appear before Sehm on the pending charges at 1 p.m., Dec. 20.

Because of Duyssen's court position, the Genesee County District Attorney's Office is not prosecuting the case. Greg McCaffrey, the Livingston County district attorney, has been appointed special prosecutor.

Photo: File photo from 2015.

Le Roy Town justice, retired deputy arrested, accused of striking child

By Howard B. Owens
      John Duyssen

A Town of Le Roy justice and a retired Genesee County Sheriff's deputy has been arrested by State Police and charged with endangering the welfare of a child and harassment, 2nd.

John R. Duyssen, also a former Town of Le Roy board member, is accused of striking a 9-year-old child. The child reportedly suffered an injury.

Child Protective Services notified the State Police Bureau of Criminal Investigations, which opened an investigation. 

The timeframe of the alleged incident was not released, nor are State Police releasing details around the incident in order to try and avoid identifying the victim.

Duyssen was arraigned in Bergen Town Court and released on his own recognizance. An order of protection was issued. He's scheduled to appear in Le Roy Town Court later this month.

Car stops west of Le Roy after high-speed trip down Route 5

By Howard B. Owens

Deputies have a car stopped, with the assistance of Le Roy PD, that was reportedly driving eastbound on Route 5 from Batavia and through Stafford at a high rate of speed and nearly caused multiple head-on collisions.

Patrols were about to deploy spike strips when a Le Roy officer reported the car was stopped west of the Village.

Multiple patrols were responding with lights and sirens.

There's no report, at least that we've heard, of damage or injuries.

Le Royan promoted by Tops Friendly Markets

By Billie Owens

Submitted photo and press release:

Tops Friendly Markets, a leading full-service grocery retailer in New York, northern Pennsylvania, and Vermont, is pleased to announce the promotion of Lacey Klinkbeil.

She joined the Tops team in 2008 working her way through store operations holding various management positions at stores throughout the chain in the front end, office, bookkeeping, price discipline, and floral departments.

Klinkbeil brings a great deal of store experience to her new role as labor management scheduling specialist, overseeing the day to day management of the scheduling and functions of Tops labor management system.

She will also help develop the labor processes and standards that will be configured. Additionally, Klinkbeil will train and maintain the sustainability of Tops labor management applications.

Klinkbeil holds a Bachelor of Arts degree in Sociology from Buffalo State College and an associate degree in Criminal Justice from Genesee Community College. She and her family are residents of Le Roy.

About Tops Friendly Markets

Tops Markets LLC, is headquartered in Williamsville and operates 159 full-service supermarkets with five additional by franchisees under the Tops banner. Tops employs more than 14,000 associates and is a leading full-service grocery retailer in New York, Northern Pennsylvania, and Vermont. For more information about Tops Markets, visit the company's website at www.topsmarkets.com

Law and Order: Kelsey Road man faces two new felonies related to child porn case

By Billie Owens

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.

Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.

Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20th.

Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.

Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.

Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Photo: Le Roy Winterfest 5K

By Howard B. Owens

It was Winterfest in Le Roy yesterday. Along with shopping, crafts, and Santa, there was the annual 5K race. We were there for the start of the race.

WWII book about USS Juneau has local connection

By Virginia Kropf

Rob R. Thompson, of Attica, has written 15 books, four of which were bestsellers, but his favorite so far is the story of the Sullivan brothers who were all killed on the USS Juneau during World War II.

Thompson will be at Le Roy’s Moose Lodge today (Saturday) to sign copies of "The USS The Sullivans" until 3 p.m. during the Le Roy Winterfest.

His book is not about the bombs, guns and steel which made up the ship, but rather it combines emotion, history and paranormal events surrounding the ship.

While researching for his book, Thompson spent three nights on the ship anchored in Buffalo’s Naval Park.

Thompson covers the history of the cruiser and details the life of Eugene Straub, originally of Darien, who was also lost aboard the Juneau.

During his research, Thompson located Straub’s daughter, now 75 and living in Utica.

The book is available online, as well as at the book signing.

Le Roy celebrates Winterfest today

By Howard B. Owens

Press release:

Le Roy Business Council, along with The Woman of the Moose, Lodge 1132 will once again host Winterfest in the Village of Le Roy on Saturday, Dec. 1st, beginning at 10 a.m., with events going throughout the day and night. 

There will be a scavenger hunt throughout businesses and organizations in Le Roy beginning at 10 a.m., with cards available at the Moose, 12 Bank St, Le Roy. Prizes will be awarded to top finishers. Main Street of Le Roy businesses will have sales and specials throughout the day.  The Jinglin’ All the Way Run/Walk will take place at 3 p.m., with registration beginning at 1 p.m. at the Masonic Community Center, 21 Bank St.

The Christmas Around the World Project on the Oatka Creek Bank will be on display starting at Winterfest. The Annual Community Tree Lighting will be at 6 p.m. on the northeast corner of routes 5 & 19.

Le Roy CSD rolls out new graduation Laude System

By Billie Owens

Submitted photo and press release:

Starting with the Class of 2024, Le Roy Jr.-Sr. High School will recognize graduating seniors through a Laude System.

Our current seventh-grade students will be the first to move through the Sr. High School without using our current graduation class ranking system, including Top Ten and Valedictorian/Salutatorian designations.

Last year our School Improvement Team, comprised of teachers, counselors and administrators, evaluated the execution of our graduation class ranking system and how it impacts our students and school culture.

In our findings and evaluation, it became clear that our current graduation system was not maximizing our student potential.

We then searched for successful ways schools are motivating and celebrating student success at graduation. We analyzed schools in Rochester, Buffalo, and the Midwest, and talked with colleges and universities about the impact of moving from a numerical ranking to a Laude System.

One of the local schools we talked to, Webster Thomas, implemented a similar process 10 years ago.

The new Laude System is a point-based system that combines honor points and cumulative grade-point average. At Graduation in 2024 we will begin celebrating student success with the following levels: Summa Cum Laude ("with highest honor") for 95 GPA +20 points, Magna Cum Laude ("with great honor") for 90 GPA + 15 points, and Cum Laude ("with honor") for 85 GPA + 10 points.

Finally, our student graduation speakers will be voted on by the senior class and all students in a Laude level will be eligible for this honor.

Again, the Laude System is in place for our current seventh-graders, the Class of 2024. It does not affect our students in grades 8-12. We will be meeting with the Class of 2024 to go over these changes prior to the 2019-2020 scheduling process.

Comments from Tim McArdle - Le Roy Jr.-Sr. High School Principal

"After extensive research, our team sought to create a system that did two things. One, create a me vs. me system instead of student vs. peer, encouraging rigor in student course selection, decreasing unnecessary competition between classmates, and increasing students' academic and intellectual risks. Two, to honor all the many pathways our students travel to Graduation and reward them for taking a rigorous road that will not only maximize their potential but prepare them for the competitive world."

"We would like to thank our entire staff for their vital part in giving feedback and developing this exciting new change. Also, a big thank you to our School Board who carefully reviewed this process and unanimously approved it."

Car vs. pole accident on Lake Street Road in Le Roy

By Billie Owens

A car vs. pole accident is reported in Le Roy at 8611 Lake Street Road,just north of the village. There are said to be no injuries but the pole amd wires are down. Le Roy fire and ambulance are responding.

UPDATE 2:20 p.m.: Le Roy Fire Police are asked to shut down southbound traffic on Route 19 at Randall Road.

Accident reported in area of Route 19 and West Bergen

By Howard B. Owens

A traffic accident is reported the area of Lake Street Road and West Bergen Road with a vehicle accident off the road and an unresponsive male in the vehicle.

The caller is a passerby who could not identify the location precisely and dispatchers could not plot his phone location.

Le Roy fire and Le Roy ambulance responding.

UPDATE 10:06 a.m.: A vehicle has been located on Route 19 just north of Orcon and the driver reports no injuries. A trooper on scene also reports the driver is fine. Le Roy police and Le Roy fire continuing to check the area just in case but the pickup truck located matches the description. Le Roy is holding its equipment in quarters.

UPDATE 10:11 a.m.: Le Roy back in service. Le Roy ambulance back in service.

Possible house fire reported on Townline Road, Bergen

By Howard B. Owens

A possible house fire is reported at 7431 Townline Road, Bergen.

The residents are evacuating.

Bergen fire and Le Roy fire dispatched.

UPDATE 11:32 a.m.: A chief on scene investigating.

UPDATE 11:36 a.m.: Chief on scene reports possible insulation on fire from soldering. It appears contained at this time, responding units to continue. Churchville is also responding.

UPDATE 11:38 a.m.: Checking for extension.

UPDATE 11:44 a.m.: Units not yet on scene "can take it easy coming in," Chief says.

UPDATE 12:13 p.m.: Bergen and other assignments back in service.

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