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Falls man charged for his role in a shooting that injured a 2-year-old

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A Niagara Falls man wanted in the shooting of a 2-year-old girl in late November turned himself in to police Wednesday and is being held without bail in the Niagara County Jail.

Willie R. Scott Jr., 32, of LaSalle Avenue, was charged with first-degree assault and second-degree criminal use of a firearm.

The child was in the car with her mother’s friend Nov. 27 in front of the Hometown Market, on Pierce Avenue, when Scott allegedly opened fire on the vehicle, striking the child in the face, police said.

No one else was wounded in the shooting.

Police said the girl is recovering but did not release any other information on her current condition.

The girl’s mother, Sha’Ronda Platt, said her daughter was in the back seat of the car when she and a male friend stopped at the grocery store that November afternoon.

Platt said she went into the store for a short time and heard the shots. When she ran out, she found that her daughter was wounded.

She said she and her friend then drove the conscious but bleeding girl to the hospital.

Doctors removed a bullet near the toddler’s right cheek, as well as a bullet fragment on the left side of her face, according to a family spokesman, Pastor Duane Thomas of Praise Temple.

Platt said the bullet came close to but did not hit her daughter’s brain and did not cause any brain damage, though the girl will need facial reconstruction surgery.

Scott, who police said is known to them for drug-related offenses, also was wanted on outstanding warrants unrelated to the shooting.

He was remanded, and a return court date was set for Monday.

email: nfischer@buffnews.com

NT man arraigned in DWI case

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LOCKPORT – A North Tonawanda man, who has served state prison time for drunken driving in the past, pleaded not guilty this week to a fresh indictment charging him felony driving while intoxicated and first-degree aggravated unlicensed operation.

Rodney W. Craft, 46, of Maple Terrace, who rejected a pre-indictment plea Dec. 20, was pulled over after allegedly running a stop sign in North Tonawanda at 1:52 a.m. Nov. 5.

He has four previous DWI convictions and was released from Gowanda Correctional Facility Sept. 30, 2011, after serving three years on a DWI conviction from Erie County, according to the state prison website.

Two teens face suspension and drug charges in Sanborn

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SANBORN – Two Niagara Academy teens were charged by Niagara County sheriff’s deputies in separate drug-related cases Tuesday. Both boys were suspended pending a superintendent’s conference.

One teen was found by a teacher selling prescription drugs in a classroom, deputies said. The boy’s father gave the school permission to give the boy a drug test and the school found he was selling the prescription drug Adderall, which had been prescribed for him.

In another case a 16-year-old Wilson teen was suspected of being under the influence and was found hiding marijuana in a deodorant container, deputies reported. The boy was given an appearance ticket and released into the custody of his mother.

Free tax services available in the Falls and Lewiston for low-income taxpayers

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LEWISTON – Elderly and low-income taxpayers in the Niagara Falls area received more than $575,000 in federal and state income-tax refunds last year with free tax-preparation help from students in the College of Business Administration at Niagara University, and the program will be available again this year.

James Ingham, an assistant professor of accounting who was coordinator of last year’s program, said 77 students contributed more than 860 volunteer hours to help local residents file 479 tax returns. She said he hopes students can do more this year.

NU students prepare and electronically file the tax returns. Beta Alpha Psi, the international honor society for accounting, and the college’s accounting society are coordinating the program.

Beginning Feb. 12, help in filing tax returns will be provided from 5:45 to 7:30 p.m. in Room 207 of St. Vincent’s Hall on the Niagara University campus on Feb. 12, 14, 19, 21, 26 and 28, March 12, 14, 19, 21 and 26, and April 2 and 4.

Sessions also will be held from 5:30 to 7:30 p.m. in the Doris W. Jones Family Resource Building, 3001 Ninth St., on six Wednesdays: Feb. 13, 20 and 27, and March 13, 20 and 27.

No appointments are necessary for these free services.

Sloma resigns as Niagara IDA chairman

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WHEATFIELD – Henry M. Sloma, who has been chairman of the Niagara County Industrial Development Agency for more than seven years, resigned Wednesday.

Sloma said he has a business opportunity that might create a conflict of interest with his IDA service if he pursued it, so he handed County Legislature Chairman William L. Ross a letter of resignation when Ross arrived to observe the IDA board meeting.

The resignation is effective Friday. Ross said he had no advance knowledge of it.

“I got my January surprise,” he said.

Sloma was appointed to the IDA board by the County Legislature in April 2005 and became chairman Aug. 11, 2005.

“I’m going to look into other things,” Sloma told reporters. “Some of them are commercial in nature and could create a conflict of interest.”

Sloma operates a business consulting company and said he’s been contacted by a firm that might be applying to the IDA for assistance.

“I’ve been working for the community for 40 years,” said Sloma, who has been a Lewiston town councilman and administrator of Mount View Health Facility, Niagara County’s now-closed nursing home.

He also serves on the Niagara Frontier Transportation Authority board of commissioners, a post he said he will keep because his business dealings do not create a conflict with that service. He also was part of the Berger Commission, the statewide panel on the future of health care facilities in New York.

“I think I’ve given my fair share,” said Sloma, 69. “I had a birthday the other day, and I had to decide what to do with the rest of my life.”

Ross said that Sloma “really provided strong leadership. Whenever we went into these projects, every ‘T’ was crossed, every ‘I’ was dotted.”

Lockport Mayor Michael W. Tucker is vice chairman of the IDA board, but he said he doesn’t have time to be Sloma’s permanent successor.

“I’m going to be the acting chairman until they appoint someone, however long that takes,” Tucker said. “I told them I had no desire to be the permanent chairman because of the time constraints. … My No. 1 priority, of course, is the City of Lockport.”

Tucker missed Wednesday’s IDA meeting because he was in Albany to attend Gov. Andrew M. Cuomo’s State of the State address. He said he had no advance word of Sloma’s decision.

There are now two vacancies on what is supposed to be a nine-member board. Joseph C. Frain, of Newfane, resigned last fall and hasn’t been replaced.

Ross said he wants the County Legislature to make new appointments as quickly as possible. The chairman is actually chosen by a vote of the IDA board members.

There are no fixed terms for IDA board members; they serve at the Legislature’s pleasure. The positions are unsalaried.



email: tprohaska@buffnews.com

Tuscarora man pleads guilty in fatal car wreck

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LOCKPORT – A man who crashed his car into a tree on the Tuscarora Indian Reservation last summer, fatally injuring his best friend, pleaded guilty Wednesday in Niagara County Court.

Pierce L. Abrams, 22, of Printup Road on the reservation, admitted to second-degree vehicular manslaughter and a misdemeanor count of driving while intoxicated.

He could receive anything from probation to seven years in state prison when he returns to court March 22 for sentencing by County Judge Sara Sheldon Farkas, who made no promises.

Deputy District Attorney Theodore A. Brenner said Abrams’ blood alcohol content was measured at 0.22 percent - nearly three times the level at which a person is considered intoxicated – after the Aug. 19 crash that killed Kyle Atkins, 22.

“He is very remorseful,” said Abrams’ attorney, Joel L. Daniels. “His best friend and almost a member of his family died that night. It’s something he’ll carry with him for the rest of his days.”

The wreck occurred about 4:45 a.m. on Mount Hope Road just east of Green Road. Lewiston police said Abrams’ 2008 Suzuki was speeding westbound when it went out of control. It crossed the road and struck the ditch, a culvert and a small boulder before becoming airborne and smashing into a tree. The vehicle then overturned.

Atkins died of his injuries Aug. 24 in Erie County Medical Center.

Brenner said Atkins’ mother approved the pre-indictment plea offer.

Daniels said Abrams received a lacrosse scholarship to Syracuse University. He attended Syracuse for three semesters starting in the fall of 2009 but never played a game, according to Mike Morrison of the Syracuse sports information office.



email: tprohaska@buffnews.com

Town of Lockport man sent to prison for probation violation

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LOCKPORT – A Town of Lockport man who violated the terms of his probation in a grand larceny case was sentenced to one to three years in prison Wednesday by Niagara County Judge Sara Sheldon Farkas.

Patrick T. Vail, 23, had pleaded guilty to stealing numerous stainless steel items from the Niagara Foods plant in Middleport in April and May 2010 and selling them for scrap. He served six months in the County Jail to begin a five-year probation term that required him to repay the company $10,000.

Lockport wins $570,000 grant for sidewalks

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TOWN OF LOCKPORT – New sidewalks in areas leading to Lockport schools will be funded through a $570,000 grant from the state Department of Transportation, Economic Development Director David R. Kinyon told the Town Board on Wednesday.

The grant from the DOT was a collaborative effort between Kinyon and Rosanna Sandell, director of research and development for the Lockport City School District.

Kinyon said they had help from City of Lockport Director of Engineering and Public Works Norman D. Allen, the Lockport Police Department, the Niagara County Sheriff’s Office and other agencies.

In the town, Kinyon said, new sidewalks will be installed along Locust Street Extension between O’Connor Drive and George Southard Elementary School, the only school in the Lockport district located outside city limits.

Other sidewalks will be installed along East High Street between Day and Davison roads, leading to Roy B. Kelley Elementary and Emmet Belknap Intermediate schools.

Kinyon said the funding package includes $116,000 toward programs educating both children and motorists about safety around schools.

Town Supervisor Marc R. Smith said this appears to be the largest grant the town has ever received.

“We started in 2005 with a connectivity plan, and this gets a great deal of that connectivity plan into the ground,” Smith said.

The town also has been working with the DOT to have extended sidewalks installed along Robinson Road to allow pedestrian access all the way to South Transit Road.

In other matters Wednesday, Smith said the board intends to appoint a successor to late Councilman Paul H. Pettit at its Jan. 23 session.

Pettit, who died Nov. 17 at age 74, had served on the Town Board since 1997. His term would have expired at the end of this year.

The appointee will have to run for a full four-year term this November if he or she wants to stay on the board beyond 2013.

Wednesday, the board appointed Robert M. Runk to the town Industrial Development Agency, replacing Paul J. Haber, who resigned last month. Runk, lead mechanical engineer at Edwards Vacuum in Wheatfield, will serve through 2017. Also, Sallie P. Reed was reappointed to the IDA board through 2019.

Kevin S. Roth was appointed to the Zoning Board of Appeals through 2016, taking the seat of Frank R. Loiars, who died Oct. 28.

Kevin J. McCabe, the former chairman of the City of Lockport Zoning Board who has moved to the town, was chosen to succeed Roth as the Zoning Board’s alternate member through 2017. Also, Donald J. Jablonski, chairman of the town Republican Committee, was reappointed to the Zoning Board with a term running through 2017.

Scott B. Carlson and alternate member Thomas F. Grzebinski II were reappointed to the Planning Board. Carlson’s term lasts through 2019; Grzebinski’s appointment is only for this year.

email: tprohaska@buffnews.com

Richards taps Sklarski as deputy supervisor

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TOWN OF NIAGARA – Supervisor Steven Richards named a new deputy supervisor at the annual reorganizational meeting Wednesday.

Councilman Danny Sklarski was picked by Richards to serve in the post for 2013. He replaces Councilman Marc Carpenter, who has served in the post a number of times, most recently for the last two years.

Richards said he prefers to make the change periodically to give the other board members the experience.

“I like to try to rotate it through the whole board, especially since I will only be here another few years,” Richards said. His current term expires in four years. The deputy position adds $3,500 a year to the councilman’s salary of $12,038.

Students will give tax aid to the elderly and low-income

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LEWISTON – Elderly and low-income taxpayers in the Niagara Falls area received more than $575,000 in federal and state income tax refunds last year with free tax-preparation help from students in the College of Business Administration at Niagara University, and the program will be available again this year.

James Ingham, an assistant professor of accounting who was coordinator of last year’s program, said 77 students contributed more than 860 volunteer hours to help local residents file 479 tax returns. He said he hopes students can do more this year.

NU students prepare and electronically file the tax returns. Beta Alpha Psi, the international honor society for accounting, and the college’s accounting society are coordinating the program.

Tax return help will be given from 5:45 to 7:30 p.m. in Room 207 of St. Vincent’s Hall on the Niagara University campus on Feb. 12, 14, 19, 21, 26 and 28; March 12, 14, 19, 21 and 26; and April 2 and 4. Sessions also will be held from 5:30 to 7:30 p.m. in the Doris W. Jones Family Resource Building, 3001 Ninth St., Niagara Falls, on six Wednesdays: Feb. 13, 20 and 27; and March 13, 20 and 27. No appointments are necessary for these free services.

Medina firm receives tax breaks for move to Lockport

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WHEATFIELD – The planned move of Trek Inc. from Medina to Lockport cleared another hurdle Wednesday, as the Niagara County Industrial Development Agency approved a 20-year property tax break on the building to which the electronic instrument maker is to relocate.

However, Trek’s lease on that site – Building 4 of the former Harrison Radiator plant in downtown Lockport, now called Harrison Place – remains incomplete.

R. Charles Bell, city director of planning and development, said a bank’s appraisal of the 96,000-square-foot, three-story building is not finished.

Without the appraisal, 210 Walnut LLC, the city-controlled entity that owns Harrison Place, can’t complete the bank loan it needs to cover most of the tab for an estimated $4 million renovation of the largely vacant, unheated building. And without the loan terms being finalized, 210 Walnut can’t be sure how much to charge Trek for the space.

Bell said the company must pay enough to enable 210 Walnut to make its loan payments.

“We’re hoping to have something completed next week,” he said Wednesday.

The 20-year lease would give Trek the first and second floors of the building, with the third floor held open for five years in case Trek wants it for expansion. The deal also gives Trek an option to purchase the entire building at any time.

On Monday, the city’s Planning and Zoning boards approved the subdivision of the Harrison Place property to clear the way for the tax break on Building 4.

Although it’s controlled by the city, 210 Walnut is formally a private entity, which means it’s not exempt from property taxes without IDA action.

The payment-in-lieu-of-taxes agreement approved by the IDA board includes a 100 percent tax exemption for Building 4 for the first five years of Trek’s occupancy.

That was allowed under the IDA’s Opportunity Zone program aimed at luring tenants to vacant space in the downtown areas of Niagara County’s three cities.

In the sixth and seventh years, the assessed value added to Building 4 by the renovation and Trek’s relocation will be taxed at 20 percent of its full value. Taxation will be 30 percent in years 8 and 9; 40 percent in years 10 through 14; and 50 percent in years 15 through 20.

Trek, which says it has outgrown its current plant on Salt Works Road in Medina, will bring 72 jobs to Lockport and intends to add another 26 within three years.

The tax breaks, which include a mortgage recording tax exemption and a sales tax exemption on construction materials, furnishings and equipment for the new plant, will save the company an estimated $920,000 over 20 years. The annual payroll for 98 jobs is expected to top $5 million a year.

Trek moved 23 workers in research and development to 57 Canal St. in Lockport in 2011. Those workers will remain there.

The company considered moving its production facilities to South Carolina or Japan.

“We convinced them Niagara County was a good place to do business,” IDA Chairman Henry M. Sloma said.



email: tprohaska@buffnews.com

Hearts broken by Russia

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Jeff and Kate Conrad know how lucky they are to have their 5-year-old son, Ryan, in their lives.

They also realize that, if they hadn’t started the adoption process from Russia when they did, he might not be part of their family.

At the end of last year, Russian President Vladimir Putin signed a law that banned adoptions from his country to the United States.

The law stunned the international adoption community and shattered the dreams of many American families hoping to bring home a Russian child.

“It could easily have been us,” said Jeff Conrad, whose son has lived with him and his wife in Buffalo since April. “Thank God it wasn’t. Our prayers were answered. ... I just feel very, very sorry for those other families.”

It’s upsetting, he said, to think of all the other children he met at the “children’s home” where Ryan lived, who now may never be placed with a family.

“I’d take them all home, if I could,” he said.

The ban ends two decades of adoptions to the United States from Russia, where an estimated 700,000 children have no parents. About 60,000 Russian children were adopted to American families during that time.

International children’s advocates have decried the ban. They point out that ceasing adoptions to the United States punishes the children, particularly those with special needs, who probably will never find a home with Russian families, who are hesitant to see adoption as an option.

Due to Putin’s ban, about 500 Russian children who already had been matched with American families will not be allowed to come to the United States. The fate of 46 children whose adoptions already were cleared by the Russian court system remains unclear.

It’s widely understood that Putin signed the new legislation ending the U.S. adoptions as retaliation against an American law that placed sanctions against Russians who are considered human rights violators.

The Russian ban also followed highly publicized cases of American adoptions going wrong, including the 2008 case of a Russian toddler who died after being left by his father in an overheated car. Then, in 2010, a mother who couldn’t handle her adopted 7-year-old son sent him back to Russia alone on a plane.

Those cases led to new, tighter regulations ironed out in a bilateral agreement in November.

That’s why the sudden ban “was just quite a shock to the international adoption community,” said Judy O’Mara, adoption director for Baker Victory Services.

The Western New York organization has assisted hundreds of families with their adoptions through international agencies by conducting home studies and follow-up visits.

O’Mara pointed out that it’s unclear what will happen to the four dozen families who had already met their children and were waiting to bring them home.

“We’re hopeful that the Russian government will allow the 46 families in process to proceed and receive their children,” she said. “Families would be devastated if they’re not allowed to proceed with the adoption as planned.”

Back when the Conrads were going through the adoption process, they often worried that it could fall through at any moment.

In the middle of the process, they learned that they would be required to take not two but three separate trips to Russia to bring home a child.

But they happily complied and dutifully completed a long list of other tasks, including providing stacks of paperwork about their health and proof they had completed parenting classes.

They learned through their adoption agency, Families Through International Adoptions, that they had been matched with a child Nov. 3, 2011. Baker Victory handled their home study for the agency.

They were to fly to the Rostov region, about 500 miles south of Moscow, where they would meet with a child. They had to be there Nov. 20.

They didn’t know the child’s name, or even the child’s age or gender.

But the Conrads were more than happy for the opportunity.

On their first morning in Rostov-on-Don, an interpreter met with them and told them about the child – a 5-year-old boy.

At first, the boy was very guarded, but he seemed to warm up to the couple as they gave him little toys and shared Cheerios and animal crackers with him. They got his medical information and had a doctor in the United States make sure there weren’t any major concerns.

They met with him every day for a week and then returned home for another round of paperwork.

The couple returned in February to go before a medical board and then the courts.

When the boy first saw them, he again was shy. But on the morning before the court date, the Conrads stopped by.

“He was smiling ear to ear,” Jeff Conrad said.

After a 4½-hour court session, a judge signed off on the adoption.

Kate Conrad returned in April with her parents to bring Ryan to Buffalo.

He’s thrived since coming to Western New York. He’s going to kindergarten at Trinity Catholic School. He loves pizza and is crazy about the family’s St. Bernard. He adores Santa Claus and Darth Vader, and enjoys playing soccer and hockey.

The Conrads feel they’re a complete family now.

“Absolutely, yes,” Jeff Conrad said.

Another Western New York family knows the feeling.

Every time Amy wraps her arms around her 4-year-old son, Ivan, she knows how lucky she is.

“It’s so chilling to me to think we might not have our son,” said Amy, who asked that her last name not be published because her family must undergo three years of follow-up visits to meet Russia’s adoption regulations.

With the ban now in place, Amy can’t help but think about the 80 children at the orphanage where Ivan lived.

She remembered a little boy who grabbed her leg and called her “mama.” A little girl danced for her and her husband.

“They also wanted to leave with a family, too,” she said. “Your heart hurts for these kids.”

Ivan has thrived during his first three months in Western New York, his mother said. He is enjoying fresh fruit and vegetables, and has gotten medical care he couldn’t get in Russia, including hernia surgery and an operation to correct vision problems. He is set to have his tonsils removed soon, too.

“We’re able to provide him with the care that he needs to be a healthy boy,” Amy said.

Amy understands why Russia was concerned about the safety of its children in American families and agrees that stricter regulations were in order.

She hopes Russian politicians understand that the vast majority of American families taking in Russian orphans are loving parents who cherish their children.

“We do have to keep children safe,” she said. “We were all in support of that. It’s just a shame that at this point these families are being caught in the political crossfire between Moscow and Washington politics. ... There are so many children in these institutions. They could have the safety of a loving home.”

Another New York family was not as fortunate as Amy and Doug.

A New York City woman who was working with International Assistance Group and Baker Victory had just been matched with a 1-year-old girl, Kira, and was planning to meet her next month. The woman, who holds dual citizenship in Russia and the United States, spoke on the condition of anonymity.

The ban destroyed all hope that she would even get to meet the beautiful red-headed girl.

“It’s heartbreaking,” she said.

While she had not seen Kira in person, she had been given photos that she placed throughout her home. She watched a six-minute video over and over.

“We watched it every day. Then out of nowhere, Mr. Putin makes this decision,” she said.

The woman understands the Russian perspective to some degree. Russians were rightly outraged by the adoption fiascoes that made the news, she said, and politicians in the United States may have gone too far in imposing sanctions over the human rights violations.

But she believes it’s unfortunate that Russia’s estimated 700,000 orphans will have to pay for political squabbling. Including little Kira.

The disappointing turn comes after many other heartbreaks for the couple. The couple was matched with a different little girl about a year ago, but that fell through when a Russian couple adopted her domestically.

Now, with Russian adoptions ending, they don’t know where they will turn.

The woman said that because she is 46 and her husband is 55, many countries won’t adopt to them.

She said she has not stopped looking at the photo of little Kira, even though she knows Kira will not come home to her.

“For us, there is definitely no hope.”



email: mbecker@buffnews.com

Lockport man charged in ‘shaken baby’ case

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LOCKPORT – A 26-year-old man charged in a suspected case of “shaken baby syndrome” was to appear today in Lockport City Court, according to State Police.

Kenneth S. Lathrop Jr., of Ruhlman Road, was charged Wednesday with a felony count of assault and a misdemeanor count of endangering the welfare of a child. Troopers said they were contacted by Niagara County Child Protective Services and told that a child, less than a year old, was being treated at Women & Children’s Hospital in Buffalo for injuries consistent with the syndrome, in which a child suffers brain injuries from being shaken violently.

Lathrop was caring for the child at the time the injuries were suffered, troopers said.

Following arraignment before Lockport Town Justice Leonard Tilney on Wednesday, Lathrop was sent to the Niagara County Jail, in lieu of $5,000 cash bail, pending today’s court appearance.

Man who looted elderly friend’s estate avoids prison

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Matt Pollack saved more than $600,000 over his lifetime so he could live out his last years at his Barker home and tend his garden.

But the 90-year-old man was forced into assisted living because Kenneth Heitzenrater, the man he trusted as a son, swindled him out of that small fortune. Heitzenrater was sentenced Thursday to probation.

“What was important to him was his independence and his garden,” prosecutor Heather A. DeCastro said of Pollack, who suffers from dementia. “He had a lot of money and he wanted it for later in life. That’s why he didn’t spend it.”

The power of attorney that Pollack signed in March 2010, when he was still considered lucid, did not include a major gift rider. DeCastro called that “the smoking gun.”

“Mr. Heitzenrater had no authority to self-gift, not one cent,” the prosecutor said. “In my opinion, this was a case of greed. He took advantage of his relationship with this elderly gentleman. As [Pollack’s] mental capacity diminished, so did his bank account.”

Niagara County Judge Sara Sheldon Farkas said she sentenced Heitzenrater to probation so that he can work and improve his chances of paying restitution of $550,686 to his victim. He will be paying at a rate of at least $1,300 a month. She could have sent Heitzenrater to prison for as long as four years.

She warned the admitted swindler that she still could send him to prison for four years if he doesn’t pay the money.

Heitzenrater said that it would be difficult for him to repay the money.

“My snowplow business, I pretty much lost everything because of the newspaper [publicity about his crime],” Heitzenrater told the judge. “My construction business is practically nothing. I got to find other work. I don’t know how I’m going to find a job, being a felon.”

Farkas told him he would have to do anything he could find that was legal.

“It’s not supposed to be easy,” said defense attorney Jon L. Wilson. “He took money that wasn’t his.”

Heitzenrater, 50, of Hartland Road, has signed a civil judgment, acknowledging that he owes $624,002 to Matthew Pollack.

“If there’s a default, it all becomes due,” said William Ilecki, Pollack’s civil attorney.

Heitzenrater drew the attention of Barker police a couple of years ago by bragging that he was a millionaire, DeCastro said. The local officers started investigating and got the District Attorney’s Office involved.

It took two years to untangle all the records of how Heitzenrater misused the power of attorney Pollack granted him, DeCastro said. By that time, Pollack’s savings had disappeared. Diagnosed with dementia and supervised by court-appointed guardian Jill Plavetzki, he was forced into assisted living.

DeCastro, in what was believed to be the first PowerPoint sentencing presentation in Niagara County Court annals, highlighted Pollack’s modest ranch house on Quaker Road, including a shot of a closet with two garments in it. He compared that with photos of Heitzenrater’s cars, recreational and all-terrain vehicles, snowmobiles and businesses set up for him and his wife, Tara – Ken’s Eats and Treats and Heartland Quilts.

But Heitzenrater said those items weren’t the result of the swindle.

“The only thing that was bought with Matt’s money was the two businesses and the Chevy Camaro, which I sold and gave the money back,” Heitzenrater said.

DeCastro said promissory notes securing a debt from Heitzenrater to Pollack weren’t drawn up until after investigators from the District Attorney’s Office started questioning Heitzenrater.

DeCastro said an intern in her office, Anthony Rooney, deserves most of the credit for the line-by-line history of how the money was spent. It took Rooney all last summer. The results of his work were stacked in the courtroom – seven cardboard boxes and an accordion folder, in all more than six feet high.

“I met Matt 30 years ago and did all kinds of stuff for him,” Heitzenrater said. “I was the son he never had, and he was the father I never had. I guess I’ve ruined his trust in me. I’m sad. I’m sorry I can’t visit him anymore.”

That’s because Farkas imposed a restraining order barring all contact between the men.

“You were his trusted friend, and now what you’ve basically done is destroyed the last years of his life on earth by taking away his chance to live in pleasant surroundings,” Farkas told Heitzenrater.



email: tprohaska@buffnews.com

Sex offender admits to more charges involving children

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A City of Tonawanda man already behind bars as a predatory sex offender has admitted to more sex crimes involving children.

Donald C. Filer, 52, pleaded guilty this week to two counts of predatory sexual assault against a child, first-degree sexual abuse, and two counts of endangering the welfare of a child, according to the Erie County District Attorney’s Office.

Filer admitted raping and sodomizing a 10-year-old girl in 2007 and sexually abusing a 5-year-old the same year, the District Attorney’s Office said.

The charges carry a maximum prison sentence of 25 years to life. He is scheduled to be sentenced by Erie County Judge Thomas P. Franczyk on Feb. 7.

Filer is currently serving a sentence of 32 years to life at a state prison in Auburn for his 2008 conviction in Niagara County for predatory sexual assault against a child and three other felonies. That case involved one of the children he admitted to abusing in his Erie County plea.

Cuomo suggests no new casinos for WNY

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ALBANY – Gov. Andrew M. Cuomo strongly suggested Thursday that no new casino will be located in Western New York, even as he tries to add three new gambling halls upstate.

When asked several times to clarify his position on casino expansion, Cuomo said the state would “honor legal agreements that are in good standing.”

The Seneca Nation of Indians and the state in 2002 signed a casino compact that prohibits any new casinos in a large area of Western New York west of Route 14, a north-south road that runs from Lake Ontario to the Pennsylvania border.

Would he oppose any new casinos in Western New York as part of his gambling expansion package?

“We’re not going to violate any contracts that are in good standing, so you’d have to look at the contract,” Cuomo responded. “If it says there’s an exclusivity geographically, then we’re not going to violate any contract that’s in good standing.”

So he would oppose one in Western New York?

“If there is a contractual agreement that is binding, then we wouldn’t,” he responded.

Is there one binding?

“It depends on where geographically. Some parts of upstate are under contract, some places aren’t,” he said.

The Seneca Nation, though, says the state has violated the 2002 compact by allowing new forms of casino-like gambling at racetracks in the exclusivity zone, including Hamburg and Batavia.

It is unclear whether the 2002 compact would be null and void should the current dispute between the state and the Seneca Nation end without a resolution and one party declares that agreement to be over.

Also, there is nothing in the 2002 compact that would prevent the Senecas, theoretically, of partnering with a private company to build a new casino in the exclusivity zone if that plan meets the standards Cuomo is seeking to establish additional gambling halls.

The State Legislature last year gave first passage of a change to the state constitution to permit up to seven casinos on non-Indian lands.

The Legislature did not say where the casinos would be located.

If the same resolution passes this year, the matter will go to voters in a statewide referendum this fall.

In his State of the State address Wednesday, Cuomo said he wants lawmakers to pass legislation for what he called “phase one” of the casino expansion.

In that phase, the first three casinos would have to be built upstate.

Cuomo said his plan would help the upstate economy by forcing casino developers, who would first want to build in New York City, to build in locations north of the city.

Seneca President Barry Snyder Sr. declined to comment.



email: tprecious@buffnews.com

NT mom pleads guilty to impaired driving with 4 kids in car

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LOCKPORT – A North Tonawanda mother of four admitted Thursday in Niagara County Court that she drove under the influence of alcohol in that city March 2, while all four of her children were in the car.

Michelle A. Lorenc, 46, of Wall Street, pleaded guilty to impaired driving and endangering the welfare of a child, and was scheduled for sentencing Feb. 15 by County Judge Sara Sheldon Farkas.

The children are now 9, 10, 13 and 16 years old, Lorenc said in court. She was originally charged with felony driving while intoxicated under Leandra’s Law, but the case was pleaded down to a misdemeanor and a traffic infraction.

Drug treatment failure leads to prison term for Falls man

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LOCKPORT – Lester Lamar Jr. paid the price Thursday for washing out of the judicial diversion program of court-supervised drug treatment: five years in state prison and three years of post-release supervision.

That’s the punishment Niagara County Judge Sara Sheldon Farkas hung on Lamar for his original guilty plea to third-degree criminal sale of a controlled substance.

Lamar, 26, of C Street, Niagara Falls, sold crack cocaine in a Town of Niagara parking lot March 28, 2011, and then led police on a car chase during which he sideswiped a house and struck a utility pole. He entered diversion in December 2011, but was booted in October for continuing to use drugs and showing little interest in the treatment rules.

Group home placement eyed for sex offender

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LOCKPORT – A developmentally disabled man, who had sex with a 15-year-old girl several times last year, was placed on 10 years’ probation Thursday by Niagara County Judge Sara Sheldon Farkas, who said she wants the defendant assigned to a residential facility.

Christopher B. LaForme Jr., 27, of Berner Parkway, Royalton, was freed from the County Jail, where he had been for more than six months. He had pleaded guilty to third-degree rape, third-degree criminal sexual act, disseminating indecent material to a minor and second-degree criminal contempt. Defense attorney David C. Douglas called LaForme “mildly retarded.”

Farkas ordered the county Probation Department to refer LaForme, rated a Level 2 sex offender, to the state Office of Mental Retardation and Developmental Disabilities for placement. She also said Probation may require him to submit to electronic home monitoring in the meantime.

Substance abuse also may have played a role in the case. LaForme told a probation officer he’d been using opiates since age 14, but told a staffer of the county Treatment Alternatives to Street Crime program that he uses only alcohol and marijuana.

Hertel Avenue man pleads guilty in NT crack case

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LOCKPORT – A Buffalo man admitted in Niagara County Court Thursday that he dealt crack cocaine in North Tonawanda last summer.

Jamar M. Harris, 24, of Hertel Avenue, pleaded guilty to fifth-degree criminal sale of a controlled substance in connection with the July 13 sale to a police informant on Schenck Street in the Lumber City. He was living in Amherst at the time, Assistant District Attorney Peter M. Wydysh said.

Harris, who must forfeit $416 police seized when they arrested him, faces up to 2½ years in prison when he is sentenced April 11 by Judge Matthew J. Murphy III.
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