county court

4 arraigned in County Court

By Tom Rivers, Editor Posted 17 November 2014 at 12:00 am

ALBION – Four people accused of crimes in Orleans County were arraigned in court today. Orleans County Court Judge set bail for all four.

Matthew Mudge, 24, of Albion faces charges of third-degree and fourth-degree criminal possession of a weapon. Mudge was charged on Aug. 16 following investigation of a “suspicious person” complaint on Bass Road in the Town of Carlton.

Mudge was allegedly found in possession of a loaded .380 caliber automatic pistol which he didn’t have a permit for. He also has a previous conviction for criminal possession of a weapon, according to the Orleans County Sheriff’s Department.

He has been in jail on $5,000 bail. Orleans County Court Judge James Punch continued to keep bail at $5,000 during Mudge’s arraignment today.

Mudge is a past youthful offender and also has “a series of misdemeanor offenses,” District Attorney Joe Cardone said.


In other cases:

An Elba resident was arraigned for violating Probation. Mark Gregori, 52, of Oak Orchard Road was remanded to jail on $5,000 bail.

Ivy E. Schell, 19, of Buffalo was charged with criminal sale of a controlled substance in the fourth degree and criminal possession of a controlled substance in the fifth degree. The former Albion resident allegedly sold Hydrocodone and Acetaminophen in Albion in April.

She has been in the county jail on $1,000 bail. Judge Punch kept bail at $1,000.

A Holley resident was arraigned on second-degree burglary. Dylan DiPlato, 26, allegedly was found uninvited in a Holley resident’s home on Sept. 21 when the resident returned.

Judge Punch set $5,000 bail for DiPlato. He has a prior offense of driving while ability impaired, Cardone said.

Husband gets prison, wife probation for drug crimes

By Tom Rivers, Editor Posted 17 November 2014 at 12:00 am

ALBION – A husband and wife were both sentenced in Orleans County Court today with the husband getting a year in prison and his wife three years on Probation.

Christopher A. Saddler, 30, of 304 West State St. pleaded guilty on Aug. 19 to criminal possession of a controlled substance in the fifth degree. He faced a maximum of 2 ½ years in state prison. He admitted in court he possessed a prescription narcotic with the intent to sell it.

His attorney sought leniency in court, asking that Saddler avoid jail or prison. If he was going to be incarcerated, his lawyer asked that the sentence start after Dec. 17 when Saddler was due to take final exams for coursework.

Saddler apologized in court to his family, Judge James Punch and the community.

“I never thought I was capable of using such bad judgment,” Saddler said during sentencing. “I know I deserve to be punished.”

Punch said Saddler had multiple sales of drugs. He also has two prior misdemeanors. Punch said he needs to punish people who spread drugs, which he called a “poison” in the community.

“It’s toxic,” Punch said about drugs. “It causes damage to people. They become addicted to it and it could kill them.”

He gave Saddler a year in prison with the sentence to start today. Saddler can tend to his coursework when he gets out of prison, the judge said, calling the sentence Saddler’s immediate priority.

The judge noted he didn’t give Saddler the maximum sentence of 2 ½ years in prison because Saddler admitted his role in the crime.

“If you weren’t honest and hadn’t owned up to it you would be looking at more state time,” Punch said.

Saddler’s wife, Jessica Saddler, 24, was spared jail. She was sentenced to three years on Probation.

She admitted she had more than 2 ounces of marijuana in her upstairs closet on April 14.

She pleaded guilty on Aug. 19 to misdemeanor criminal possession of marijuana in the fourth degree. She could have been sentenced to up to a year in jail.

Mrs. Saddler has no prior criminal history. Punch said she was brought into drug activity by her husband.


In another case, a Lockport woman was sentenced to five years of Probation for being part of a cocaine sale in Albion on June 2. Amanda Brosius, 33, pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 2 ½ years in state prison.

As part of her plea deal, she agreed to assist the district attorney with prosecution of the codefendant in the case. Judge Punch said if Brosius is involved in another drug case she will surely be sentenced to state prison in the future.

“This is serious stuff,” the judge told Brosius. “I take your involvement in the spread of this very seriously.”

Woman admits selling cocaine

By Tom Rivers, Editor Posted 10 November 2014 at 12:00 am

Bail set at $100K for Medina man with 4th DWI

ALBION – A Brockport woman admitted in Orleans County Court today that she sold cocaine for $100 to an undercover officer on May 29, 2013.

Cynthia Winkelman, 46, of Skyline Circle pleaded guilty today to criminal possession of a controlled substance in the fifth degree. She has no prior criminal record. Winkelman could face up to a year in the county jail when she is sentenced on Feb. 2.


Also in county court today:

Judge James Punch set bail at $100,000 for Norman Bloom Sr. of Medina. He was charged with driving while intoxicated on Saturday. It was his fourth DWI, District Attorney Joe Cardone said.

Bloom, 48, of West Center Street has three prior felonies, two prior misdemeanors and a failure to appear at court. He is currently in the county jail.

He is scheduled to appear in Shelby Town Court on Dec. 4.

Judge Punch accepted Joseph Ahue, 25, into the Drug Court program. Ahue of McKinistry Street in Albion pleaded guilty to attempted criminal possession of a controlled substance in the fourth degree and criminal possession of a controlled substance in the seventh degree.

If he completes Drug Court, the CPCS in the 4th degree charge will be dismissed. The CPCS in the 7th degree would remain, but Punch said Ahue would be spared jail if he completes Drug Court.

Ahue on Aug. 1 was arrested charged after a vehicle driven by his friend was pulled over. Ahue had 0.17 ounce of oxycodone in his pocket, Cardone said.

Jury convicts Albion man on drug charges

By Tom Rivers, Editor Posted 6 November 2014 at 12:00 am

ALBION – An Albion man with an extensive criminal history, including four prior felonies, was convicted by a jury on several drug charges on Friday.

Charles G. Ingram, 58, was arrested on April 1 along with 15 others following a six-month investigation into the sale and distribution of crack cocaine, heroin, prescription narcotics and marijuana in the village of Albion, the Orleans County Major Felony Crime Task Force reported then.

Ingram was living in 175 North Main St., Room No. 20, when he was arrested. He has been in the Orleans County Jail since then.

Ingram was arraigned on charges of three counts of criminal sale and criminal possession of a controlled substance in the third degree. He rejected a plea offer from Orleans County District Attorney Joe Cardone.

Ingram went to trial last week and he was found guilty of two counts each of criminal sale and criminal possession of a controlled substance in the third degree, as well as one count of criminal possession of a controlled substance in the seventh degree.

His sentencing date hasn’t been set.

Medina man sentenced to 3 years in prison on drug charge

By Tom Rivers, Editor Posted 4 November 2014 at 12:00 am

ALBION – A Medina man was sentenced to 3 years in state prison Monday after he admitted to selling prescription drugs.

Stacy Bryan, 23, of Medina pleaded guilty to criminal possession of a controlled substance in the fifth degree. As a second felony offender, he faced a maximum of 4 years in state prison. Punch gave him 3 years, despite a request for more leniency from Bryan’s attorney, who said the buyer of prescription pills sought out Bryan.

“I got caught up in something stupid,” Bryan said during sentencing. “I’m not a drug dealer.”

Bryan in a September court appearance admitted he sold dextroamphetamines on three occasions. The controlled substance is used to treat attention deficit hyperactivity disorder.

Orleans County Court Judge James Punch said Bryan, a second felony offender, already has a criminal history with attempted assault, theft and endangering the welfare of a child.

“This is a serious matter and it must be dealt with seriously,” the judge said.

As Bryan was led out of the courtroom, he yelled an expletive at the judge.


In other cases:

An Albion man pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum 1 ½ years in state prison.

Joseph B. James, 33, was living in Albion when he was arrested on April 1. He admitted in court he had cocaine with the intent to sell on March 3, 2014.

He is currently in the county jail. His attorney Shirley Gorman requested that bail for James, who has no prior felonies, be reduced. Judge Punch agreed to lower bail from $100,000 to $20,000. James will be sentenced at 2 p.m. on Feb. 2.

An Albion man who was scheduled to be sentenced had that adjourned for three months while he recovers from injuries.

James Herring III, 24, of East State Street is accused of selling cocaine on May 22, 2013. He faces up to 2 ½ years in state prison. He has pleaded guilty to attempted criminal possession of a controlled substance in the third degree.

Miller is sentenced to 25 years to life in state prison

By Tom Rivers, Editor Posted 3 November 2014 at 12:00 am

Judge says the crime ‘one of the most painful deaths I’ve seen’

Frederick Miller

ALBION – Frederick Miller will spend the rest of his life in prison for killing his girlfriend, Rachel Miller on March 4, 2013.

Orleans County Court Judge James Punch gave Miller, 63, the maximum sentence today. The judge called the murder “one of the most tortuous, bloody, painful deaths I’ve seen.”

Miller was convicted of second-degree murder by a jury on Sept. 17, following a trial when he admitted to stabbing her with scissors. Rachel was still alive after being stabbed nine times with scissors.

She fled their house on Oak Orchard Road in Carlton and Miller broke off a metal Posted sign. Miller struck her three times in the head. Her body was discovered the morning of March 4, 2013 by a passing school bus driver.

“Imagine the pain and anguish that woman experienced as she left the earth,” Punch said during sentencing this afternoon.

Punch said he has been part of 20 to 25 murder cases as county judge and district attorney. Punch said Rachel’s death “was the cruelest and most protracted” murder in his career.

Frederick Miller’s attorney Robert King asked for mercy, saying the court should save the maximum sentences for people who commit “cold and calculated murders.” King said Miller “snapped” the day he killed his live-in girlfriend. King said it was “a great tragedy.”

“It was horrible, it was inexplicable and it was violent,” King said. “We don’t contest that.”

Miller, wearing the orange jumpsuit issued for county jail inmates, declined to speak during the sentencing. During his trial, he said he was depressed. He had lost a high-paying job at Kodak and was driving a bus for a fraction of his former pay.

His attorney offered a defense of “extreme emotional disturbance.” King said Miller wasn’t himself in the months leading up the crime due to a job loss, his mother’s serious illness and a deteriorating relationship with Rachel.

Rachel Miller

The judge didn’t believe that Miller snapped.

Rachel was stabbed with scissors in the bathroom, then the bedroom and then on the way out of the house. Miller then followed her outside and struck her with the sign post three times.

“You had plenty of time to stop and think,” Punch said.

District Attorney Joe Cardone said Miller’s selfishness and narcissism pushed him to commit “one of the most senseless killings” that Cardone has experienced in his two decades as DA.

Rachel Miller’s son addressed the court and asked the judge to sentence his mother’s killer to the rest of life in prison.

“We haven’t asked for anything,” Cody said on behalf of Rachel’s family and friends. “But you make sure we never have to see him again.”

Cody turned to Miller and used several expletives in telling him to die in prison. The judge said he wouldn’t hold Cody Miller in contempt of court.

“Fred, could you imagine your mother lying in the snow bleeding to death?” the judge said.

Cody said his mother was a loving person to her family, friends, students at Rainbow Preschool and also to animals. His mother was a speech therapist at Rainbow Preschool, which is run by The Arc of Orleans County. She was the mother of four children and grandmother to 14. Cody listed all of their names.

He fought back tears and had to pause and collect himself several times while he spoke during the sentencing.

“She lived a life of giving,” Cody Miller said at sentencing. “She never wanted anything but happiness. The world kept taking from her but she fought back by giving.”

The Arc and Rainbow Preschool last Dec. 6 dedicated the “Socio-Dramatic Play Center” in memory of Rachel, who was 53 when she was killed.

She worked with children ages 3 to 5 who had significant developmental delays. Many of the children have autism and some of them have not spoken a word by the time they enroll in Rainbow Preschool.

Cody Miller spoke of the dedication program for his mother last Dec. 6, when one student talked to a large group, thanking Rachel Miller for helping him to say his first words.

Three of Rachel Miller’s children – Amanda, Roy and Cody – attended the dedication for a play room in their mother’s memory on Dec. 6.

Cody said his mother was a positive influence on so many people, especially her family.

“She was there to pick us up when we fell and to hold us in a warm embrace and tell us it’s OK,” he said.

Cody thanked the local judicial system for working to bring justice in the case, even when the trial was delayed several times. Miller switched attorneys and his lawyer requested a psychological exam, only to have Miller refuse to meet with a psychiatrist.

Punch said he has tried to understand what provoked Miller in the attack. During the trial, Miller’s attorney said Miller became enraged when Rachel brought home baby chickens without consulting Miller.

Punch said bringing home chickens to nurture was in line with Rachel’s character.

“She was full of life, a ray of sunshine in that house,” Punch said.

He contrasted that with Miller, who felt he was a victim of life’s circumstances. He was envious of Rachel and her positive energy, the judge said.

“Rather than get off the couch you snuffed out this bright light,” the judge said.

King asked for mercy on behalf of Miller. The judge that will have to come from a higher power.

“It’s not up to me to show you mercy, Fred,” the judge said. “It’s up to God.”

Medina man admits selling marijuana, and criminal possession of gun

By Tom Rivers, Editor Posted 27 October 2014 at 12:00 am

ALBION – A Medina man admitted in court today he sold marijuana on May 20 and also had a .22-caliber revolver at his residence.

Rodrick S. Griffin, 31, of 238 Eagle St. pleaded guilty to criminal sale of marijuana in the third degree, which carries a maximum of 1 ½ to 2 years in state prison. He also pleaded guilty to criminal possession of a weapon in the fourth degree, which carries a maximum of a year in jail.

Griffin was charged after allegedly selling 27 ounces of marijuana on West Avenue in Medina. The gun was discovered at his residence.

He will be sentenced on Feb. 2.


In another case in County Court, a Holley man was arraigned and remanded to jail on $100,000 bail. David Diaz Jr., 31, faces charges of criminal sale and criminal possession of a controlled substance, as well as criminal sale and criminal possession of cocaine in the third degree, in addition to a charge of escape.

Diaz was arrested on July 14 after a six-hour manhunt in Holley after he was taken to the police station and allegedly fled from officers. He was finally arrested after he was discovered hiding in a hollowed out couch in an abandoned house at 27 Mechanic St.

Given a past history of five misdemeanors, three failures to appear in court, two Probation revocations and the escape from the Holley Police Department, Orleans County Court Judge decided to set bail at $100,000 for Diaz.

 

Burglar gets 5 years in state prison

By Tom Rivers, Editor Posted 20 October 2014 at 12:00 am

ALBION – A Medina man who admitted his role in at least two Albion burglaries in the summer of 2013 today was sentenced to five years in state prison.

Isaiah Bonk, 21, was given the maximum sentence as part of a plea deal reached in August when he pleaded guilty to attempted second-degree burglary. His attorney Michael Manusia asked the judge for leniency. Manusia said he wasn’t making excuses for Bonk, but the attorney said Bonk didn’t enter the homes that were burglarized. He served as the look-out while another man went inside, Manusia said.

Bonk has also endured tragedy in his life, including the death of his mother in a fire when Bonk was 6. Manusia said Bonk was ridiculed in school for learning disabilities and was swayed to participate in the burglaries by the other criminals in the case.

Orleans County Court Judge James Punch said Bonk is “reasonably intelligent.” The multiple burglaries warranted prison time, Punch said.

“I think you were as influential to them as they were to you,” Punch said during sentencing. “Once you start wandering through peoples’ houses and taking their stuff that’s serious.”


In other cases:

The judge sentenced Morris Taylor to six months in jail for criminal possession of a controlled substance in the fifth degree. Taylor, 24, of Albion admitted to selling cocaine in September 2013.

That was a one-time transaction, with Taylor serving as the middle man in the sale, his attorney Mark Foti told the judge.

Taylor is a first-time felony offender. He is a former track and football star at Albion. Several of his coaches submitted letters to the court on behalf of Taylor, vouching for his character.

Taylor has already served six months in jail, from December to May. His sentence today won’t result in additional jail time.

Punch also gave Taylor five years on probation.

“You’re certainly not a hopeless criminal like some of what we see here – of course, no one is hopeless,” Punch said during sentencing. “I’m hopeful you won’t be back (in court).”


An Albion woman was sentenced to two years in state prison after admitting in court she sold prescription medication to make a profit. She was charged on April 1.

Dawn M. Read, 42, has prior convictions, including grand larceny in the fourth degree. Punch gave her the maximum sentence for criminal possession of a controlled substance in the fifth degree.

“You just decided somewhere along the way to be a criminal,” Punch said.


An 18-year-old from Medina admitted to sending text messages last May where he threatened to kill other students.

Mackenzie Barrett pleaded guilty today to making a terrorist threat, which carries a maximum of 2 1/3 to 7 years in state prison. As part of a plea deal, Barrett will face a maximum of one year in jail when he is sentenced on Jan. 12. If the sentence is greater than a year, he can withdraw his plea and go to trial.

“Did you threaten to shoot, stab and use bombs at the school?” Punch asked Barrett in court today.

“Yes,” Barrett replied.

He said the texts weren’t directed at anyone specifically.

Punch said people would naturally feel intimidated by those text messages given many instances of mass deaths by student gunmen.

“You know there has been all these school shootings, right, and that would play into that?” Punch asked Barrett.

He replied, “Yes.”

Barrett remains incarcerated in the county jail.

Miller will be sentenced Nov. 3 for second-degree murder

By Tom Rivers, Editor Posted 14 October 2014 at 12:00 am

Miller

ALBION – The sentencing for a Carlton man found guilty of second-degree murder will be on Nov. 3.

Frederick Miller
was convicted of the crime on Sept. 17. That day sentencing was set for Oct. 8. But that date was a miscommunication by the court, court officials said this afternoon.

Miller will be sentenced by Orleans County Court Judge James Punch at 2 p.m. on Nov. 3. Miller faces a maximum of 25 years to life in prison.

Jurors found Miller guilty of second-degree murder during a trial last month. Jurors picked the more serious charge for Miller over a reduced charge of first-degree manslaughter.

Miller was 61 when he killed his girlfriend, Rachel Miller, stabbing her with scissors and then beating her with a snapped off “Posted” sign.

Miller’s attorney, Robert King, argued during the trial that his client was suffering from an “extreme emotional disturbance” due to the loss of work, the serious illness of his mother and “a relationship that was falling apart.”

District Attorney Joe Cardone refuted King’s claims, saying Miller wasn’t emotionally disturbed.

“This case is entirely about control,” the DA said in his closing arguments. “It is entirely about manipulation.”

Miller was angry when Rachel wanted to spend Easter in Georgia with family, with Miller left behind, Cardone said. She angered him when she brought home baby chicks on March 3, the day before she was killed. And Miller testified he was mad when she took a long shower that morning.

“It wasn’t about extreme emotional disturbance,” Cardone said. “It was about his extreme arrogance, it was about his extreme selfishness, it was about his extreme narcissism and his extreme need to have control of his life and Rachel Miller.”

Judge sends 3 to prison despite pleas for leniency

By Tom Rivers, Editor Posted 6 October 2014 at 12:00 am

ALBION – Orleans County Court Judge James Punch sentenced three people to state prison today, including two teenagers, despite pleas for leniency for all three.

The judge acknowledged he gets some criticism for the prison sentences he often gives people with drug offenses. He makes no apologies and said he will continue to punish people for selling drugs, a “poison” in the community.

Punch sentenced Jesse Boldt, 38, of Medina to 1 ½ years in state prison, the maximum the judge said he could do because of state sentencing requirements.

Boldt pleaded guilty to criminal possession of controlled substance in the fifth degree.

He admitted he possessed LSD with the intent to sell on Dec. 30, 2013. He has a criminal history in the states of Alabama, Texas and Pennsylvania, District Attorney Joe Cardone said.

Boldt has difficulty walking and has metal rods in his legs after a car accident. His attorney Dominic Saraceno asked that Boldt avoid jail because of his health problems and also because of his upbringing, which included his mother giving him marijuana at age 5 because he was hyperactive.

“I realize I broke the law and messed up,” Boldt said in court today. “I’m sorry.”

Boldt was sentenced after the judge put two teenagers in state prison for crimes Punch said were fueled by drugs.

The judge it was “painful” he could only give Boldt the maximum of 1 ½ in state prison.

“You’re a habitual drug dealer,” Punch said. “It’s people like you that start these chain reactions of misery I have to deal with every day for a few bucks in your pocket.”


“It’s a ripple of misery in our community. Thank God we’re trying to do something about it.” – Judge James Punch


The two teens were each sentenced to 1 to 3 years in state prison for their role in multiple burglaries. The two broke into houses and stole others’ belongings to fuel their drug use, Punch said during sentencing.

The judge gave them youthful offender status, meaning their record would be sealed and they shouldn’t be publicly identified by the press.

Their attorneys asked the two avoid jail or prison and be sentenced to Probation. But the judge said the multiple burglaries violated homeowners’ sense of security.

“This was not a youthful discretion,” the judge said. “This was not painting your name on the water tower. This is a drug-fueled crime.”

The two teens were ordered to pay restitution to the victims at about $3,300 total. Both teens were joined in the courtroom by their families and several community members submitted letters to the court, saying the boys had good character.

The judge said the pull of drugs causes a “disconnect,” leading some people astray and to a life of crime. He said the teens were victims of the drug activity in the community.

“It’s a ripple of misery in our community,” the judge said. “Thank God we’re trying to do something about it.”

Several are sentenced to jail or prison for drug crimes

By Tom Rivers, Editor Posted 29 September 2014 at 12:00 am

Medina man, 74, gets a year in county jail

ALBION – Orleans County Court Judge James Punch sentenced several drug criminals to either county jail or state prison today, including a 74-year-old Medina man.

Angel Gonzalez of Ricky Place pleaded guilty to criminal sale of a controlled substance in the fifth degree. He faced a maximum of 2 ½ years in state prison. His attorney, Nathan Pace, asked the judge to keep Gonzalez out of jail or prison due to his age and declining health.

Punch said he doesn’t like to use a defendant’s illness as a reason for avoiding jail. If a defendant is well enough to commit a crime, the judge said the defendant should be able to serve time behind bars.

Gonzalez admitted to selling hydrocodone, his prescribed medication for pain relief, to make money. He has a “disturbing criminal history,” Punch said.

“I don’t think probation is appropriate,” the judge said in handing down a sentence of one year in jail and one year of post-release supervision.


In other cases:

A former resident of West Park Street in Albion was sentenced to a year in state prison with a recommendation from Judge Punch for shock camp.

Tyriek Johnson, 26, now lives in Fairport. He is a first-time offender. He could have been sentenced to up to 9 years in state prison after he pleaded guilty to criminal possession of a controlled substance in the third and fifth degrees.

Johnson has his own business and has been respectful in court, his attorney Matthew Parrinello told the judge.

In a previous court appearance, Johnson said he was trying to sell cocaine in Albion on March 14, 2013. He said he was driving on Platt and Ingersoll streets, looking to sell the drug.

Johnson apologized to his family for getting into trouble with the law. He asked the judge for leniency.

“You were heavily involved in the drug trade around here,” Punch told Johnson. “You need to learn some discipline. You made the community a worse place by spreading these toxic substances around here.”

Michael Nellist, 35, of East Center Street in Medina was sentenced to the maximum 1 ½ years in state prison for selling marijuana. He has prior drug and driving while intoxicated charges, the District Attorney’s Office noted.

Nellist has twice been on probation. He was also ordered to pay $1,020 in restitution to the Orleans County Major Felony Crime task Force, money it used for drug buys.

“You have a long record,” Punch said. “You’ve been given breaks in the past but did not take advantage of them.”

A Rochester man was sentenced to three years in state prison. Luke Lawhorn, 27, was arrested on March 6 following a year-long investigation in the sale and distribution of crack cocaine from Rochester to Orleans County.

Lawhorn was only days away from graduating from the Monroe County Drug Court when he was arrested in March.

He apologized to his family and to the community during his sentencing today.

The district attorney requested state prison for Lawhorn, who continued to sell drugs even while in Drug Court, Cardone said.

The judge also ordered Lawhorn to pay back $480 to the Task Force.

A Medina resident was sentenced to 2 to 4 years in state prison for burglary. Levy Hill, 42, admitted he used a brick to break a window at the Kwik Fill in Medina on Sept. 7, 2013. After he broke the window, he reached his hand in and grabbed some merchandise from the business on Pearl Street.

He is a second felony offender. He was also ordered to pay $1,353 in restitution.

Batavia man, 35, admits having sex with girl, 14

By Tom Rivers, Editor Posted 29 September 2014 at 12:00 am

ALBION – A Batavia man admitted in Orleans County Court that he had sex with a 14-year-old girl on Dec. 28, 2013.

Christopher Bucci, 35, of Galloway Road pleaded guilty to attempted rape in the second degree. The crime carries a maximum sentence of 1 ½ to 4 years in state prison.

Bucci will be sentenced at 2 p.m. on Jan. 5.


In another case in County Court today, Debra Unell, 52, of Medina pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 2 ½ years in state.

She admitted in court to trying to sell cocaine in Medina. She will be sentenced at 2:30 p.m. on Dec. 22.

Attorney tells judge County Task Force violates due process

By Tom Rivers, Editor Posted 23 September 2014 at 12:00 am

Unit operates out of DA’s office, which then prosecutes

ALBION – An attorney for an Albion man facing numerous drug charges is questioning whether his due process rights have been violated because he was arrested by a task force that operates out of the District Attorney’s Office, which is now prosecuting him.

Shirley Gorman represents Joseph James, an inmate in the county jail. James, 33, was arrested along with 15 others on April 1 following a six-month investigation into the sale and distribution of illegal drugs in the village of Albion, the Orleans County Major Felony Crime Task Force reported.

Gorman says the Task Force in Orleans differs from those in other counties, which operate outside of the DA’s Office as independent units. Gorman made her statements in court on Monday during an appearance with James.

“My position is the Drug Task Force violates due process and a fair trial,” she told Orleans County Court Judge James Punch. He set a hearing for Nov. 5 from 1:30 to 4:30 p.m. on that and other issues raised by Gorman.

“This would be legally unprecedented,” Punch told her in court on Monday.

The Task Force works under the supervision of the DA’s Office, but the Task Force has independence is investigating its cases, First Assistant DA Susan Howard told the judge.

The Task Force includes officers from the Holley, Albion and Medina police departments, as well as the Orleans County Sheriff’s Department. A board of directors oversees the Task Force. They include the three village mayors, county legislators and law enforcement officials.

Howard said the arrests by task force members actually come from one of the village police departments or the Sheriff’s Department.

In other counties, the DA’s Office will work with a task force after the charges have been brought, but not while a case is being developed, Gorman said.

“The DA’s Office is creating the crime,” Gorman said. “It’s not the action of a police department. It’s a task force run by the DA’s Office.”

She also alleged prosecutorial misconduct because the confidential informant in the case against James was observed on tape telling a police officer, “I have to tell you I used some.” Gorman said the informant ingested cocaine without any apparent repercussions from the task force or DA’s Office.

Howard said the informants often will ingest materials that resemble illegal drugs, but aren’t necessarily cocaine or another narcotic.

She noted the office willingly turned over videos to Gorman.

“We’re not trying to hide anything,” Howard responded in court.

Punch said he wants to hear more on the informant’s actions as well as other issues raised by Gorman.

“All of these things need to be developed at the hearing,” he said.

Rochester man gets 5 years in prison for bringing heroin to Albion

By Tom Rivers, Editor Posted 22 September 2014 at 12:00 am

ALBION – A Rochester man who admitted he brought heroin to Albion last November with the intent to sell it was sentenced today to 5 years in state prison, plus three years of post-release supervision.

Terry Holmes, 32, pleaded guilty to attempted criminal possession of a controlled substance in the third degree. As a second felony offender, he faced a maximum 3 ½ to 9 years in state prison.

Holmes and another Rochester man were arrested in November after a vehicle stop at 167 South Main St.


In other cases in county court:

A Holley man admitted to aggravated unlicensed operation of a motor vehicle and driving under the influence of alcohol.

Enrique Fierro, 34, was charged on May 17 after a traffic stop at 1:30 a.m. on Route 31 in the town of Murray. He faces a maximum sentence of 1 1/3 to 4 years in state prison when he is sentenced on Dec. 1.

Melissa A. Warren, 28, admitted she had cocaine on March 5 with the intent to sell it. The former Albion resident now lives in Batavia.

She pleaded guilty to criminal possession of a controlled substance in the fifth degree and faces a maximum sentence of up to 2 ½ years in state prison when she is sentenced on Dec. 22.

Cheryl A. Poole, 51, of Carlton also pleaded guilty to criminal possession of a controlled substance in the fifth degree. She admitted she had prescription medication that was a controlled substance. She said she sold it from her home on March 13.

As a second felony offender she faces a maximum of 1 ½ to 4 years in state prison.

Stephen W. Miles, 51, admitted he had a prescription narcotic, tramadol, and intended to sell it on March 26 from his room in Albion at 175 North Main St., Room No. 12.

He pleaded guilty to CPCS in the 5th degree and faces a maximum sentence to 2 ½ years in state prison when he is sentenced on Dec. 22.

A Holley man was sentenced to jail for a year after violating probation. Chester Sherman, 55, was charged with felony driving while intoxicated in Genesee County in 2011.

He has failed to report to probation appointments, driven without a license, registered a motorcycle without telling probation and has been observed drinking alcohol, Orleans County Court Judge James Punch said.

Sherman will serve an intermittent sentence, reporting to the jail at 9 a.m. Sundays and leaving at 6 p.m. on Mondays for the next year.

Miller found guilty of murder

Staff Reports Posted 17 September 2014 at 12:00 am

ALBION – Frederick Miller has been found guilty of second-degree murder for killing his girlfriend, Rachel Miller, on March 4, 2013. He faces 25 years to life in prison.

Jurors reached the verdict early this afternoon after beginning deliberations at about 11 a.m.

The attorney for Frederick Miller, 63, offered a defense of “extreme emotional disturbance.” Robert King, the defense lawyer, said Miller wasn’t himself in the months leading up the crime due to a job loss, his mother’s serious illness and a deteriorating relationship with Rachel, his live-in girlfriend.

But District Attorney Joe Cardone told the jurors that Mr. Miller wasn’t suffering from extreme emotional disturbance.

“It was about his extreme arrogance, it was about his extreme selfishness, it was about his extreme narcissism and his extreme need to have control of his life and Rachel Miller,” Cardone told jurors during his closing statement this morning.

Miller is being held without bail and sentencing is scheduled for Oct. 8.