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Lockport man pleads guilty to apartment burglary

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LOCKPORT – Shawn P. Filipovich, 24, of Robinson Road, Lockport, admitted Thursday in Niagara County Court that he burglarized a woman’s apartment Dec. 12 on Dysinger Road in Lockport.

Filipovich pleaded guilty to third-degree burglary and agreed to pay $900 restitution to the woman, who caught him in the act, Assistant District Attorney Joseph A. Scalzo said. Filipovich escaped with two cameras and a gold necklace.

County Judge Matthew J. Murphy III scheduled sentencing for June 6. Filipovich could be given up to seven years in prison.

Confession aired in killing of 5-year-old girl in Falls

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LOCKPORT – John R. Freeman Jr. grasped the situation he was in last summer after his accomplice told Niagara Falls police that Freeman had killed a 5-year-old Cheektowaga girl.

“I’m going down, and it could be for life,” Freeman told Detective Daniel Dobrasz Jr. in a videotaped interview, highlights of which were read aloud Thursday in Niagara County Court.

Freeman, 17, of Sixth Street, Niagara Falls, is charged with second-degree murder in the strangulation of Isabella S. Tennant in her great-grandparents’ Sixth Street home on the night of Aug. 26. Freeman, a friend of the great-grandparents, had been baby-sitting the girl while her mother worked in a Niagara Falls bar.

The next morning, while police were questioning Freeman as a possible source of information in what was then considered a missing child case, Tyler S. Best, 18, of Barnard Street, Buffalo, went to Police Headquarters to report that he had helped Freeman stuff the girl’s body into a stolen garbage tote that they left in an alley.

The information from Best, who is charged with tampering with physical evidence, turned the tone of the detectives’ interview with Freeman from a search for information to an accusatory situation, County Judge Matthew J. Murphy III said as he ruled that all of Freeman’s statements to police would be admissible at his trial.

Murphy said the video shows Dobrasz reading Freeman his rights, and Freeman agreed to answer questions without asking for a lawyer.

“I guess so, because I already heard Tyler Best snitched,” Freeman told Dobrasz. “Tyler Best confessed that we murdered Bella. … Let me ask you one question: Did he say I did it?”

“You knew what happened. You weren’t being honest,” Dobrasz said, according to Murphy. “Your [back] is in a sling.”

“I already heard he said I did it, so I did it,” Freeman answered.

Moments later, according to the judge, Freeman said, “I guess I’m a little bit crazy. I just admitted to a killing. That’s a little bit crazy.”

Defense attorney Robert Viola is considering a psychiatric defense for Freeman. He said a doctor has examined the defendant and should have a report ready in three weeks.

The doctor also will consider records on Freeman’s behavior from as far back as elementary school, obtained through a subpoena that Murphy signed.

In the wake of the expected psychiatric report, the prosecution will be allowed to have Freeman examined by a doctor of its choice. The situation will be updated at a pretrial conference set for May 2.



email: tprohaska@buffnews.com

Report of missing kayakers turns out to be unfounded

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A report that four kayakers were missing Thursday in the lower Niagara River near Whirlpool State Park in Niagara Falls turned out to be unfounded, police said. However, investigators were checking on the identity of the kayakers to determine whether they may have been trying to cross the international border illegally.

Free workshop to profile business incentive programs

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WILSON – Economic development agencies will host a free workshop Wednesday in Town Hall, 375 Lake St., to discuss business incentive programs available on the county, state and federal levels.

The workshop, to last from 9:30 a.m. to 11 a.m., will include presentations by the Niagara County Industrial Development Agency, the county Center for Economic Development, the Niagara County Community College Small Business Development Center, the Town of Lockport IDA, the county Employment and Training Department, the U.S. Small Business Administration and Empire State Development.

Reservations may be made by calling the Center for Economic Development at 278-8760.

State agency seeks developer for abandoned Falls mall

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NIAGARA FALLS – Companies interested in redeveloping the 200,000 square feet of space left in the old Rainbow Centre Mall have until May 20 to make their pitches.

Officials of the USA Niagara Development Corp., a state agency that controls development rights for the former shopping mall, announced Thursday that they have issued a request for qualifications from would-be developers.

Part of the former mall became the Niagara County Community College Culinary Arts Institute last year, but that left two-thirds of the 1970s glass and steel building looking for a reuse plan.

USA Niagara, a subsidiary of Empire State Development, will choose a group of finalists from which it will seek specific proposals.

Its choice of one or more developers, and the subsequent development agreement, will be subject to approval by the City Council, Mayor Paul A. Dyster said.

USA Niagara spokeswoman Laura Magee said it’s hoped a developer will be in place by September. It will be that company’s job to line up tenants.

“I’m presuming there’s going to be a mix of uses,” Dyster said. “We’re having to be reasonably flexible. We want the market to decide this.”

The 29-page request for qualifications tells developers that USA Niagara envisions that the building will not remain intact.

A study by Urban Land Institute, whose conclusions were adopted by USA Niagara, proposed breaking up the mall with an east-west covered corridor, creating new retail frontages along the new “street,” as well as along the mall’s current exteriors on First Street and Rainbow Boulevard.

“Although this could likely require a public investment to accomplish, it would also facilitate a phased approach to the redevelopment,” the document says.

Dyster said, “We’re trying to open it up to pedestrian traffic to eliminate the monolithic faces of the mall. Those things we would want any developer to abide by.”

The study envisioned some uses that would complement the Culinary Institute, such as a ground-level food market. Other ideas in the study included entertainment facilities such as a nightclub, bowling lanes or a health club.

The study also emphasized the importance of improving the building’s appearance, since it faces the Rainbow Bridge plaza.

The state envisions the redevelopment of the mall, which is owned by the city, as part of the “Buffalo Billion” that Gov. Andrew M. Cuomo has promised to spend on economic development in the region.

USA Niagara President Christopher J. Schoepflin said the mall makeover goes along with the planned $25 million Hamister Group hotel and mixed-use project across First Street from the mall, which is to begin construction this year.



email: tprohaska@buffnews.com

Free Wilson workshop set on business incentive programs

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WILSON – Economic development agencies will host a free workshop Wednesday in Town Hall, 375 Lake St., to discuss business incentive programs available on the county, state and federal levels.

The workshop, from 9:30 to 11 a.m., will include presentations by the Niagara County Industrial Development Agency, the county Center for Economic Development, the Niagara County Community College Small Business Development Center, the Town of Lockport IDA, the county Employment and Training Department, the U.S. Small Business Administration and Empire State Development.

Reservations may be made by calling the Center for Economic Development at 278-8760.

Late spring is cold comfort for farmers

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Gardeners can relax. They have plenty of time to get out in the yard.

And growers, feel free to rejoice, or at least to exhale.

Unlike 2012, when March felt more like June, Buffalo’s winter settled in all the way to April this year. Home gardeners with cabin fever may be eager to start digging, but for farmers whose livelihood depends on the region having four distinct seasons, the long chill was a very good thing. In March, 23 of 30 days were at or below the average temperatures for the month.

“This is the way we want it,” said Bob Hall, 60, of Hall Apple Farm in Lockport. “Last year, we went straight [from winter] to summer, then we froze out in mid-April.”

Seven days of record high temperatures in March 2012 – with Buffalo’s warmest March day ever, 82 degrees on March 21 – resulted in a burst of blossoms in area orchards last year and a gorgeous early spring.

Then normal seasonal frosts in April – including a record low of 28 degrees on April 29 – nipped those future apples, peaches and cherries in the bud. Hall said he lost more than 95 percent of his apple crop.

“Anything is going to be better than last year,” he said. “We don’t ever want to see another year like that.”

Closer to the house, crocuses are in bloom and daffodils are poking up, while most forsythias have yet to make their sunny debut. Master garden coordinator Carol Ann Harlos of Cornell Cooperative Extension Erie County advises people to be patient – and, again, to recall the late frost that ruined ornamentals such as hydrangeas in 2012.

“Everyone is eager to get out – I am, too,” Harlos said. “We want to start raking and pulling the mulch off the beds.”

But she offers caution.

“That would be a very bad thing to do,” she said. “We need to wait another month.”

What gardeners can do is clean up winter debris and start some pruning – but not maples and birch trees, which “bleed,” or forsythia and lilacs, since they flower early, according to the Upstate Gardeners’ Journal.

“Once night temperatures are in the mid-50s, then you can plant your perennials,” said Jenn Weber, retail manager at Mike Weber Greenhouses in West Seneca.Already inside the greenhouses one can find hanging baskets heavy with buds, poppies popping up, and a sea of flats filled with hundreds of types of perennials and annuals, plus 95 varieties of herbs enjoying the constant 60-degree warmth.

While cold-treated perennials are pretty hardy, Weber said, gardeners need to be patient with annuals.

“With vegetables, everyone is eager to plant by Mother’s Day,” she said, “but if you can wait until the first week of June, you’ll have much better luck.”

The extended cold weather could also be a boon for landscapers, now that the soil is thawing.

“This is a much nicer year for planting, because your plant isn’t going to be leafed out,” said Russell Gullo, owner of Russell’s Tree and Shrub Farm in East Amherst. The longer trees stay dormant, the easier it is to transplant them and give them a healthy start, he said.

“Landscapers are not getting the jump on the season that they would like to,” he said, but a late spring can extend the season.

The hot, dry weather of 2012 did reduce growth on his tree farm some, Gullo said, but overall “the crop looks really good.” What consumers might see, he said, is the ripple effect of the recession.

Many growers went out of business, especially those in areas hit harder by the housing bust. With the five-year delay between when a tree is planted and when it can be sold, that drop is just starting to hit the market now.

Plus, with the arrival of the emerald ash borer in New York State, customers will begin to see more disease-resistant elms and maple varieties.And on the farm, this year’s slightly colder than average March will mean a big difference for fruit growers, according to John Farfaglia, who is community educator and horticulturists at Cornell Cooperative Extension’s Niagara County bureau.

“Looking at what the alternative was last year and all the bad things that followed,” he said, “I don’t think farmers could have handled another year like that.”

At Singer Farms in Appleton, where cherries, plums, peaches and pears are grown along with apples, Jim Bittner says things are looking great this year.

“Last year, the problem wasn’t the frost – frost in April is normal – but things had progressed too far,” he said. Our apricots were all in bloom.”

And they were wiped out.

Blossoms are most beautiful for growers when they come late in April or in early May.

“Right now, we can take 20 degrees, no problem,” Bittner said, because the trees have kept their buds tightly shut.

There is one lingering effect of last year’s devastating weather, though, Bittner said. Some fruit trees will “overcorrect.”

“With apples, after a year with no fruit, the next year they’ll way overproduce,” Bittner said. “You have to bring the crop size down, or else you’ll get ‘golf balls.’ Right now most growers are pruning like crazy.”

Looking forward to juicy peaches, fresh cherries and crisp Ginger Golds, Crispins and Cortlands this summer is one benefit of having to wear long johns on St. Patrick’s Day. And Farfaglia said there could be more good news for anyone with outdoor plants.

“The winter has been cold enough that a good number of insects and diseases should be dramatically reduced,” he said. That may include armyworms, voracious caterpillars that caused so much crop damage last year that the eight Western New York counties were among 14 in the state that were declared natural disaster areas by the U.S. Department of Agriculture.At Fairbanks Maple in Forestville, Linda Fairbanks said they tapped their first trees in January and began boiling sap for maple syrup on Jan. 11.

“The sugar content [in the sap] was better this year, too,” Fairbanks said. “We started right out at 2 percent; usually it’s around 1.5 percent.”

Lloyd Musee, who runs Big Tree Maple in Lakewood with his son, David, also said this year’s syrup crop was excellent in quality and flavor.

“In 2012, the season ended abnormally early – March 15,” Musee said. “This year it looks like it’s going to continue on through this weekend at least.”



email: mmiller@buffnews.com

Roswell Park faces research cut

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Researchers trying to find a cure for cancer in Buffalo labs and doctors fighting cancer in their patients’ bodies are bracing for the effects of across-the-board federal cuts resulting from Washington’s ongoing budget battle.

The National Institutes of Health, the federal agency that allocates grants for cancer research, faces a $1.6 billion cut this year from the budget reductions known as a sequestration. The impact on Roswell Park Cancer Institute as well as other research facilities across the nation could be huge, as those cuts include more than $250 million in cancer research funding in fiscal year 2013, according to the American Cancer Society Cancer Action Network.

“Whenever people talk about the effects of sequestration, science and medicine rarely get mentioned,” said Dr. Candace Johnson, deputy director of Roswell Park. “Yet it’s one of the most exciting times to be in cancer research.”

In 2012, Roswell Park received more than $60 million in direct and indirect funding from the NIH or the National Cancer Institute. A steep drop in funding would slow progress in cancer treatment and cost jobs, officials have been saying for several months.

“We have a bunch of grants in the queue at NCI and NIH, and we don’t know how this will play out. The lack of not knowing what will happen makes this difficult. We’re trying to plan for bridge funding of [current projects] so people don’t lose their jobs,” said Johnson.

The cancer center, which operates on an annual budget of about $500 million, has prepared for a cut in research funding of about $6 million.

Sequestration came at a bad time for the cancer center, which is in the midst of preparing for the renewal of its five-year core grant from NCI. The grant is based on the institute’s budget at the time of renewal, and budget cuts won’t help, Johnson said.

That’s a major reason why more than 50 Roswell Park researchers are expected to attend the annual meeting next week of the American Association for Cancer Research, a massive convention that will attract more than 17,000 people to Washington, D.C. The association and 100 other organizations will conduct a rally, planned to coincide with the meeting, at 11 a.m. Monday on the steps of the Carnegie Library.

In addition, key scientific leaders here will join Rep. Brian Higgins, D-Buffalo, at an event at the same time in Buffalo to raise awareness of the issue.

Meanwhile, a group of cancer-related organizations warned this week that sequestration cuts to Medicare payments for cancer drugs and services that took effect April 1 will force many community oncology practices to stop seeing new Medicare patients.

“The sequestration cut is a blunt ax to cancer care that will have a devastating effect on patients,” Dr. Mark Thompson, president of the Community Oncology Alliance, said in a statement.

“In some areas, particularly rural communities, practices will simply be driven out of business and close their doors, causing access problems,” he said. “Others will be forced to send patients to hospitals for chemotherapy, if the hospital will treat them, or simply merge into the hospital, resulting in higher costs for both patients and Medicare – the exact opposite of the intent of health care reform.”

Doctors here said they were unaware of patients in the Buffalo area being turned away for treatment but noted that the payment cuts for administering expensive chemotherapy remain a threat to be concerned about if Congress and the White House fail to act.

The potential for disruption is serious because many cancer patients are covered by Medicare, the federal health program for individuals 65 and older.

Medicare cut payments for cancer care services and drugs by 2 percent. Medicare reimburses for outpatient chemotherapy based on an average sales price for the medications and an additional services payment of 6 percent for administrative costs associated with handling, storage, preparation, administration and disposal of the drugs.

Current Medicare payments at many cancer clinics do not fully reimburse the cost of the treatment, and the sequestration cuts will only make things worse, according to the advocacy groups.

The American Society of Clinical Oncology and other groups in a recent letter asked Health and Human Services Secretary Kathleen Sebelius to exempt cancer drugs from the sequestration cuts. But it’s unclear what will happen.

Meanwhile, cancer specialists here said medical practices are reluctant to make major changes to infusion treatment policies in the hope that lawmakers will eventually take action to reverse the cuts, which are likely to be felt more acutely later in the spring as Medicare pays claims at the lower rate.

“The problem for oncology practices is that they have large fixed costs for obtaining these medications. Because the Medicare payment is based on the average sales price, many practices are already operating underwater or with razor-thin margins. It’s a crazy business model,” said Dr. Robert Zielinski, an oncologist at the Buffalo Medical Group.

The Buffalo Medical Group is one of the region’s largest providers of oncology care, as are Roswell Park and Century Medical Associates/CCS Oncology.

Zielinski said Buffalo Medical Group is better positioned than smaller groups to weather the storm, at least temporarily, because it has reasonably good purchasing arrangements for the expensive cancer drugs commonly used by patients.

“We’ve decided to hang in there – watch and wait – hoping this is temporary,” he said. “If it’s not, we would have to re-examine our contractual arrangements.”

The impact is most likely to hit hardest among smaller oncology groups and, as has been happening nationwide in recent years, could lead to more closures and consolidations of oncology groups.

“You are probably going to see the continual contraction of availability of providers,” Zielinski said.

Roswell Park is similarly hopeful that sequestration’s cuts to Medicare, which amount to a $2 million loss at the cancer center, will be addressed in some way.

“The cuts will impact community oncologists more than us because we’re a big institution that can move things around so that we take the financial hit elsewhere. The community oncologists don’t have that luxury,” said Johnson.

However, Roswell Park may not be able to accommodate an influx of patients if the Medicare cuts turn out to eventually restrict services, she said.

“We have increased our capacity [in recent years], but there is a limit to how many patients we can handle,” Johnson said.



email: hdavis@buffnews.com

Judge halts work on Maid of the Mist facility

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A State Supreme Court judge today put a temporary halt to construction on the Maid of the Mist’s new boat storage facility in the Niagara Gorge.

Judge Ralph A. Boniello III signed a temporary restraining order requested by a group known as the Niagara Preservation Coalition, according to its attorney, Linda R. Shaw.

The group wants proof the proper environmental reviews for the site have been completed, Shaw said.

Supporters of the Maid of the Mist have said they believe the group was created by those close to Hornblower to try and delay the dock construction, a charge Hornblower officials have denied.

The Maid of the Mist lost out to Hornblower Cruises & Events of California on an agreement to provide boat tours from the Niagara Falls, Ont., side of the falls.

The Maid of the Mist needs to build a boat storage facility on the U.S. side of the falls before the end of the season because it had previously stored its boats on the Canadian side.

Hornblower also has filed a lawsuit challenging Maid of the Mist’s agreement with New York state.

The issue of the temporary restraining order is set to be taken up before State Supreme Court Judge Catherine Nugent Panepinto on Thursday.

Lou Ricciuti, a Niagara Falls resident with an interest in radiological contamination, is president of the Niagara Preservation Coalition, which has previously called for an investigation of the Maid of the Mist’s contract because of what it terms environmental and historical concerns about the property.

email: abesecker@buffnews.com

Gun-show operators agree to new rules

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Twenty-six gun show operators in New York State have agreed to put in place new rules designed to prevent the sale of guns to customers who can't pass criminal background checks, State Attorney General Eric T. Schneiderman announced Friday.

The organizations, including at least seven that operate gun shows in Western New York, reached voluntary agreements with the State Attorney General's Office to follow a set of model procedures that grew out of Schneiderman's 2011 investigation of gun shows in the state.

Highlights of the new procedures include notifying dealers at the show that they must complete a background check before any guns change hands, tagging each weapon sold at the show to make it easier to confirm the required check was performed and making an effort to ensure illegal gun sales aren't made outside the gun show building.

“The cooperation we have seen shows that public safety does not need to be divisive or a partisan issue. Gun show operators around the state have voluntarily agreed to adopt simple procedures that increase the safety of New Yorkers without infringing upon the Second Amendment rights of gun owners,” Schneiderman said in a statement.

In the 2011 gun show probe, undercover investigators were able to buy semiautomatic rifles here and across the state without undergoing a criminal background check.

The undercover agents were able to buy the weapons even after telling the sellers they had domestic-violence histories.

Ten dealers were charged with illegal gun sales following the eight-month investigation that included visits to gun shows in Erie and Genesee counties. Nine pleaded guilty to the misdemeanor charges, and one was found guilty following a jury trial.

The attorney general's office used the threat of future sting operations to win cooperation from gun show operators in putting in place the model procedures.

Schneiderman last November in Buffalo announced that Niagara Frontier Collectors, which hosts shows here, was one of the first to cooperate with the new regulations.

They're now up to 26 operators, and the rules should be in place for at least 55 gun shows held this year, Schneiderman said Friday.

In addition to Niagara Frontier Collectors, the local operators include: Bontrager Real Estate and Auction Services in Genesee County; Daniel A. Carter Auction Co., Cattaraugus County; New York State Arms Collectors Association, Genesee County; RL Mason Auction, Allegany County; Williston Auctions, Erie County; and York-Penn Shows, Cattaraugus County.

The gun show operators also agree to post signs alerting dealers and customers to the background check requirement; limit the number of entry and exit points at the show to make it easier to determine whether a check has been performed; and request law enforcement patrols in the parking lots of the shows to discourage illegal sales.

The background check requirement is included in a 2000 state law and predates the controversial New York SAFE Act, a set of gun laws recently signed into law.

Schneiderman's office is handling the prosecution of the first defendant charged under the SAFE Act, Benjamin M. Wassell, a Silver Creek resident who is accused of illegally modifying two assault-style weapons before selling them to an undercover officer.



email: swatson@buffnews.com

U.S. looks to ’02 plan as path to peace

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JERUSALEM – The Obama administration is exploring whether a long-abandoned initiative proposed by Saudi Arabia 11 years ago could become the basis for a regional peace agreement between Israel and its neighbors, according to Israeli and Palestinian officials.

With U.S. Secretary of State John F. Kerry due to arrive in the region over the weekend, Palestinian President Mahmoud Abbas has been conferring with other Arab leaders on the viability of the plan, which calls for a normalization of relations between Israel and all the Arab states in exchange for the establishment of a sovereign Palestinian state.

Israeli and Palestinian officials confirmed to McClatchy Newspapers that President Obama raised the possibility of using the Arab Peace Initiative, as the plan was known, as a framework for an agreement when he was in the region last month.

“It was raised directly by Obama during his visit and during his closed-door discussion with the Palestinian leadership,” said a senior Palestinian official directly involved in the talks. “It was made clear to the Palestinian leadership that this would be the new direction of U.S. diplomacy in the region.”

The official said that White House officials laid the groundwork for the renewal of the Arab peace initiative two weeks before Obama’s visit to Israel and the West Bank when they spoke with Palestinian negotiators in Washington.

“They were told then that this would be the focus and that it had great potential,” said the Palestinian official, who asked not to be further identified because of the sensitivity of the talks. He said Obama, Kerry, Abbas and Palestinian negotiators Mohammed Shtayeh and Saeb Erekat discussed the topic for several hours during the president’s visit to Ramallah, where the Palestinian Authority has its headquarters.

“He asked us during that time not to take any unilateral steps in the U.N. or moves that would anger Israel,” the Palestinian official said, referring to Obama. He added that it was his understanding that Israel had agreed not to announce any new settlement construction projects for eight weeks.

“Kerry asked for a quiet time to give the new diplomacy a chance,” the official said.

The Arab Peace Initiative, which also has been referred to as the “Saudi peace plan,” was first proposed in March 2002 at a meeting of the Arab League. It stipulated that Israel withdraw from areas occupied in the 1967 Middle East War – namely the Golan Heights, the West Bank and the Gaza Strip – and allow the establishment of a sovereign Palestinian state. In return, Arab nations would pledge to adopt normal relations with Israel and effectively declare the conflict over.

Ariel Sharon, then Israel’s prime minister, immediately rejected the plan. Subsequent Israeli leaders have periodically warmed to, and then rejected, the plan.

Israeli Prime Minister Benjamin Netanyahu, who openly opposed the plan when he was opposition leader in 2007, has since quietly voiced support for it, including in closed-door meetings with Egyptian and Jordanian officials.

Man who violated probation facing “shock incarceration” program

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LOCKPORT – A man who violated the terms of his probation sentence for choking the mother of one of his children was sent to prison Friday by Niagara County Judge Sara Sheldon Farkas.

Jeffrey J. Farrell Jr., 23, of Washburn Street, Lockport, drew 1 1/3 to four years in prison for agggravated criminal contempt. However, Farkas recommended that Farrell should be assigned to the state’s boot camp-style “shock incarceration” program. Success there would lead to parole in six months.

Farrell, who has three children by three different women, assaulted one of them in the Town of Lockport June 30, in violation of a restraining order.

7 Newfane High athletes face shoplifting charges

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Several members of the Newfane High School varsity baseball team could be facing discipline in court and at school after being arrested Tuesday on misdemeanor shoplifting charges in South Carolina.

Newfane Central School Superintendent Christine Tibbits said the seven players will go before the district’s Athletic Disciplinary Council on Monday. The teammates – three 18-year-olds and four juveniles – were arrested near a Myrtle Beach shopping center Tuesday evening after allegedly being observed stealing several pairs of sunglasses and other items.

The Panthers baseball team was in South Carolina with their coach for the Mingo Bay baseball tournament, which attracts teams from Western New York and around the country.

Tibbits said that, although it was not a school-funded trip and the chaperones were the players’ parents, the event would be considered a school function.

“Anytime our kids are putting on our uniforms and playing as a team, they are representing the school,” she said.

The three 18-year-olds were identified as Brian P. Ratajczak of Lockport, Mitchell L. Valery of Burt and Reid J.J. Weber of Newfane. Weber was named to the second team of the Niagara Orleans Boys Basketball honor roll.

Tibbits said the baseball team has only about 13 players and called the arrests “a disappointment.”

“It’s like being a parent,” Tibbits said. “You feel like these are your kids.”

The athletic council includes the district’s athletic director, high school principal and assistant principal, and coaches from two other sports.

Once the council has interviewed each player and made a recommendation, Tibbits said, she and Newfane High School Principal Thomas B. Stack will determine what action the district will take regarding the students.



email: mmiller@buffnews.com

Newfane home raided as a meth lab by state police and niagara county sheriff

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A Hazardous Materials Response Cleanup team was dispatched to clear volatile meth lab chemicals from a Franklin Street home in Newfane after it was raided by Niagara County Sheriff’s Drug Task Force and state police late Thursday.

Sheriff James R. Voutour said a two-month probe targeted 1579 Franklin St., where methamphetamine was made and sold. Two Newfane men, Dearick Hoefer, 32, and Geoffrey Linderman, 28, were arrested.

Hoefer is being held in lieu of $15,000 bail on a felony charge of criminal possession of a controlled substance in the third degree. Linderman was charged with maintaining a public nuisance and released on $250 bail, officials said.

The sheriff said the sale of the dangerous drug out of the Franklin Street house had been the subject of neighborhood complaints, which prompted the joint investigation. Voutour said the Newfane meth lab is the 12th one shut down in Western New York since early 2012.



email: mgryta@buffnews.com

Beilein’s road to Final four started at ECC

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ATLANTA – Thirty-five years ago Ralph Galanti played a hunch that would impact college basketball for decades to come. He entered the president’s office at Erie Community College and declared he had found the school’s next head coach.

The guy’s name was John Beilein. He had played college ball at Wheeling Jesuit – which isn’t exactly Duke, or even Florida Atlantic. He was coaching at Newfane High School – which isn’t exactly DeMatha, or even Bennett. Beilein’s resume was sparse, uninspiring, so lean that basketball-savvy president Oscar Smukler, who’d officiated the sport for 30 years, suggested his athletic director come back with another name.

Galanti and Santo DeSain, the assistant AD and women’s basketball coach, persisted. They explained that none of the other candidates matched Beilein’s enthusiasm and passion. The guy was a basketball junkie. The game was his calling. To say he aspired to great things in coaching didn’t take it far enough. It was more than an aspiration, closer to a link with destiny.

“He blew us out of the water,” Galanti said by phone while wintering in Florida. “He was so enthusiastic. He was young, he didn’t have any experience at the college level, but his interview just went so great.

“But our president at the time didn’t really want John. He wanted more experience, and he was really upset when Santo and I recommended him. We had a meeting in his office, and he kind of read the riot act, saying if this guy doesn’t prove himself, Santo and I might be looking for a job besides the basketball coach.”

Many years passed before Galanti retired from ECC on his own terms. He watched as Beilein made a methodical climb up the coaching ladder, from ECC to Nazareth and on to LeMoyne. Then came that first Division I job, at Canisius, until he was lured away by Richmond, which surrendered him to West Virginia. The next and presumably last stop on the journey took Beilein to Michigan, which has closed within two wins of the national championship in his sixth season with the Wolverines. They get Syracuse in tonight’s second semifinal.

It’s been a long and accomplished road that Beilein has followed from the tranquility of rural Niagara County and his hometown of Burt to the frenzy of the Final Four. He ranks among the game’s elite, the only active coach to produce 20-win seasons at four different levels (junior college, NAIA, Division II and Division I). He’s won 672 college games all told and has a salary ($1.9 million) commensurate with his successes. But it’s those four seasons at ECC beginning in 1979 that define his determination and provide the baseline for measuring how far he’s come.

DeSain remembers those times well. He and Beilein both lived in Lockport, and neither had a vehicle to brag about, so it made sense for them to carpool from Lockport to ECC’s North Campus in Amherst. “My car had issues with starting and John’s car’s the one that didn’t have the heater in it,” DeSain said. “We had some fun travels. There also were days when we took the bus together. Not a lot of those, but we did have to rely on the bus a few times to get in.

“Sometimes we left at 7 a.m., didn’t get home until 7 or 8. If one of us had the early practice and one of us had the late practice, we would have to wait for the other person. Twelve-hour days were not uncommon at all.”

Beilein laughed at the memory of those trips. Some years they included him chauffeuring his players.

“I had a 1970 Maverick,” Beilein said. “Three on the column and no radio. I picked up – in junior college you could do that – I picked up three kids from Lockport. Two kids from Lockport were in my starting lineup I think. Lawrence Maroney was a great player. Pick them up every morning, take them to school, drive them back. Oh my God.”

The Maverick was a step down from the Volvo Beilein bought when he first started coaching. Then he proposed to Kathleen, and the belt had to tighten.

“I made $10,000 a year, so what do you do? You go buy a $5,000 Volvo as soon as you make $10,000 a year,” Beilein said. “Then all of a sudden we get engaged and I trade it in for the Maverick, and she said, ‘What happened here, John? We had a Volvo, now you have a 1970 Maverick and a radio that you put on the dashboard.”

Never could travel be taken for granted. ECC commuted to away games in vans, sometimes traveling as far as South Carolina. Former UB coach Reggie Witherspoon, a Kat beginning with Beilein’s second season, recalled the team hitting the highway to the Region III tournament and barely arriving on time.

“The van broke down,” Witherspoon said. “Got on the 90, and the freaking van broke down. Tire went flat. It’s cold, windy, and trucks are passing us. Most of us lifted the van, and someone slid the tire off. No jack. Did it all manually. Got there 35, 40 minutes before game. And we lost.”

To Beilein one junior college travel disaster sounds just like another.

“I’ve had more van breakdowns ... ,” he said with a laugh.

Through it all he persevered, developing the coaching philosophies he holds dear to this day. Beilein has been captivated by the art of shooting ever since he was a boy. The best defense on the planet can never win a game unless the ball goes through the basket at least once. Defense can create opportunity, but from there offense takes over. Maybe that’s why he’s always obsessed over proper technique.

“I watched John’s practices, and whenever I could would tap into his knowledge and so forth,” DeSain said. “He worked on the science of shooting. One of the things he told me when I worked with the kids was to have them think about shooting like they’re in a phone booth. They would have to shoot out of the phone booth, which emphasized the reach and the follow-through and so forth. They would go up and down in the same spot. That really struck home with me. It made a lot of sense with me.”

“I’ve honestly heard him say that about the phone both a lot, and I had to catch myself to not use that phrase because I don’t think the kids know what a phone booth is,” Witherspoon said. “He put a premium on shooting even then. Shooting and balance. If you couldn’t shoot, you would feel left out.”

Somehow Beilein made his way without a true mentor. He was never an assistant coach, never had the luxury of learning situational coaching from someone more experienced than he.

“I think in many ways it made it more difficult to become a better coach sometimes because I couldn’t shortcut,” Beilein said. “I couldn’t sit next to a great coach and say, ‘You should never try that in a game.’ I would try it in a game, we would get our butts kicked, I would learn by sleeping on the couch that night because I didn’t sleep all night that night.

“You learn that it takes a step back, but it takes a step forward because the next time you get that opportunity you’re not going to make that same mistake again. It goes up and down, up and down. But it’s well over 1,000 games now, if you go way back to junior college as a coach.”

All the way back to the day when ECC found itself a pretty good basketball coach



email: bdicesare@buffnews.com

Bidding goes awry on Lockport parking ramp demolition

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LOCKPORT – Friday’s opening of bids for the demolition of the closed downtown Lockport parking ramp featured an error that could cost the city $190,000, produce a lawsuit, or both.

Scott Lawn Yard of Sanborn submitted the lowest bid, $987,000, for demolition and replacement of the ramp with a 42-space surface parking lot on Main Street near Pine Street.

The problem was that Scott’s bid was handed in late, after a city employee allegedly told the Scott representative that the bid had to be presented at the Buffalo office of Conestoga-Rovers & Associates, the company that designed the project.

That was wrong information, and by the time the Scott employee returned from Buffalo, he had missed the 2 p.m. deadline.

“We were there at 1,” said Scott Lawn Yard co-owner Scott Miller. “We were in the right place. We were turned around by a secretary for the city.” Mayor Michael W. Tucker said it happened “upstairs,” meaning at an office on the second floor of City Hall. But he noted that Scott Lawn Yard has bid on several city contracts in the past and should know the procedure. The bid documents say the bids were to be delivered to City Hall.

“Very clearly, it says where the bids are going to be opened,” Tucker said. He said he would have to consult with Corporation Counsel John J. Ottaviano about the situation. Ottaviano did not return a call seeking comment.

Miller said he wanted to pursue the matter in some fashion.

The lowest bid of the nine handed in by 2 p.m. came from Empire Dismantlement of Grand Island at $1.17 million, which is $190,000 more than Scott’s offer.

Also, there were five bids for electrical work at the site. Industrial Power and Lighting of Buffalo was the apparent low bidder at $71,000.

The bids must be acted upon by the Common Council, presumably at its April 17 meeting.

Tucker said the package was budgeted at $1.6 million. He expects demolition to begin in late April and take two or three weeks. The construction of the surface lot will ensue, with its opening targeted for the first week of July.



email: tprohaska@buffnews.com

Falls man denies selling crack in Lockport

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LOCKPORT – A Niagara Falls man pleaded not guilty Friday in Niagara County Court to charges that he sold crack cocaine twice to a police informant in the City of Lockport.

Deandre M. Mathews, 22, of Jordan Gardens, was indicted on two counts each of third-degree criminal sale and possession of a controlled substance. The alleged drug deals occurred Nov. 30 and Dec. 5, Assistant District Attorney Peter M. Wydysh said. Mathews was held in lieu of $1,000 bail.

Retrial set for Falls burglary suspect

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LOCKPORT – A Niagara Falls man accused of a burglary, who aborted his trial last month by checking into a hospital’s mental health unit, has been found mentally competent to go through a second trial, set for May 28.

Edward J. Parmer, 52, of 22nd Street, was taken to the Niagara Falls Memorial Medical Center behavior health unit March 11, after jury selection had been completed. Two doctors have found him competent, a development Assistant Public Defender A. Joseph Catalano attributed to new medications for Parmer.

“He’s like a new man,” Niagara County Judge Sara Sheldon Farkas said as Parmer stood before her Friday. He is being held in the County Jail on charges of second-degree burglary, fourth-degree criminal possession of stolen property and petit larceny, stemming from an alleged July 18 break-in at a house on Willow Avenue in the Falls.

Sex offender avoids jail for moving without notice

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LOCKPORT – Five years’ probation was the sentence from Niagara County Judge Sara Sheldon Farkas Friday for a Level 1 sex offender who moved from Niagara Falls to Buffalo without reporting the change of address to the state as required by law.

John E. Allen, 44, moved from 17th Street in the Falls to Niagara Street in Buffalo in March 2012. He pleaded guilty to a felony charge of failure to register.

Double felon assigned to drug-treatment program

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LOCKPORT – Malique L. Rogers of Niagara Falls pleaded guilty to two felonies Friday and was assigned to the judicial diversion program of court-supervised drug treatment by Niagara County Judge Sara Sheldon Farkas.

Rogers, 37, of Cudaback Avenue, admitted to third-degree burglary and fourth-degree criminal possession of stolen property. He faces up to 11 years in prison if he washes out of the treatment program.

Rogers admitted taking part in a Nov. 28 burglary at a vacant house on Fourth Street in Niagara Falls. His brother Emanuel L. Rogers, 31, of Maple Street, Buffalo, still faces charges in that case.

Malique Rogers also admitted using a woman’s credit card to run up $634.11 in purchases Jan. 24. Assistant District Attorney Joseph A. Scalzo said it’s unclear how Rogers obtained the card, which the victim reported missing after hoping to use it at a Buffalo gas station.
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