Frederick Miller

ALBION – Jurors are deliberating whether Frederick Miller will be convicted of second-degree murder or a reduced charge of first-degree manslaughter in the death of his girlfriend Rachel Miller.

Jurors began deliberations at about 10:50 a.m. following closing summations from District Attorney Joseph Cardone and Miller’s defense attorney, Robert King.

Miller admitted in court on Tuesday that he killed his live-in girlfriend. However, his attorney contends it wasn’t murder because Miller 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.”

While Rachel Miller, then 53, was getting ready for work on March 4, 2013 at their Oak Orchard River Road home, Miller went into the bathroom and stabbed her in the neck with scissors. He then stabbed her in the torso and in the back.

She fled the house. Mr. Miller, then 61, stayed inside, but then went outside and found Rachel lying down in the snow. He snapped off a metal “Posted” sign and beat her with it.

Miller’s actions – the multiple stab wounds – are consistent with “snapping,” his attorney said.

“What happened to her is horrible,” King told jurors this morning. “It was a great tragedy. It wasn’t a murder. He was acting under extreme emotional disturbance.”

King cited the testimony of the medical examiner who said he had never seen a murder with a sign post. Very few deaths are caused from stab wounds from scissors, King said today.

He held up the scissors and the sign post for the jury to see.

“These are not murder weapons,” he said. “Any reasonable person knows this is not how you kill someone. These are what was in front of Fred Miller when his world came crashing down.”

Cardone urged the jury to return a conviction of second-degree murder, which carries a sentence of 25 years to life in prison.

Miller wasn’t emotionally disturbed, Cardone said.

“This case is entirely about control,” the DA said. “It is entirely about maniplulation.”

Miller was angry when Rachel wanted to spend Easter in Georgia with family, with Miller left behind. 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.”

Miller twice made the choice to murder Rachel, first by stabbing her with scissors and then by beating her with the sign, Cardone said.

“He killed her twice,” Cardone said.

Miller then left Rachel lying in the snow, without a shirt, for the world to discover. She was found by a school bus driver.

“He stayed in the house and left her out there as a trophy,” Cardone said.

Miller refused to be examined by a psychiatrist. His attorney said Miller didn’t want to tell the worst day of his life to a stranger. Miller was honest with the jury on Tuesday, in reliving that day and sharing his financial woes and other disappointments, King said.

“He told you what went through his mind and how terribly sick he was,” King told the jury.

Cardone said Miller killed Rachel to have “the last word.” But now the jury gets a chance to speak, the DA said.

“Ladies and gentleman you have the last word,” he said. “You have the responsibility to find him guilty of murder.”

ALBION – A former Medina resident was sentenced to three years in state prison today for attempted sexual abuse in the first degree.

Patrick E. Sewar, 23, is a former resident on Knowlesville Road. He most recently has been living at the Holley Hotel.

He admitted in court to inappropriate touching with a 7-year-old girl. He did not have sex with the girl, according to court officials.

He also faces charges in Genesee County for allegedly molesting another child at Darien Lake on June 24, 2013.

Orleans County Court Judge James Punch sentenced Sewar to three years in state prison, plus another 10 years of post-release supervision.

Two other people were sentenced today in court.

Brigitte Lutsch, 20, of Brockport was sentenced to a year in state prison after violating the terms of Drug Court.

Lutsch admitted in a previous court appearance that she helped sell cocaine in Albion on Oct. 6. She allegedly drove a drug dealer to Albion. She said she was aware cocaine was in her vehicle and that the drug was to be sold.

She faced a maximum of 2 ½ years in state prison for criminal possession of a controlled substance in the fifth degree. However, she was allowed to enter Drug Court. If she successfully completed Drug Court the charge would have been reduced to a misdemeanor, but she didn’t meet the terms of the program.

A Hamlin woman was sentenced to six months in county jail for attempted burglary in the second degree after she allegedly stole about $1,400 from a Kendall residence last Oct. 23.

Melissa Thomas, a resident of Orleans-Monroe County Line Road, also was sentenced to five years Probation after she is released from jail.

ALBION – A Medina woman was sentenced to 2 years in state prison today after she pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Serina Winters admitted in court on March 3 that she had prescription narcotics and gave them to her estranged husband. Winters, 37, of 909 Church St., Apt. 1 faced numerous drug charges but those charges were dropped as part of a plea deal when she plead guilty to CPCS in the fifth degree, which has a maximum sentence of 2 ½ years in state prison.

“You have a horrible record,” Judge James Punch told Winters during sentencing this afternoon. “You’re completely irresponsible. There is no consideration for any one but yourself.”

Winters will also have one year of post-release supervision when she is out of prison.

In another drug case in county court, Freddie Taylor of Rochester pleaded guilty to criminal possession of controlled substance in the fifth degree.

Taylor, 45, of 510 Mt. Read Blvd. was arrested on April 1 on several drug charges. He admitted in court today he had cocaine in Albion on Feb. 3.

As a second felony offender, Taylor faces a maximum sentence of 4 years in state prison. He will be sentenced on Nov. 24. Punch agreed to lower Taylor’s bail from $250,000 to $25,000 which Punch said is more in line with the charge.

Miller faces 25 years in state prison if convicted

Frederick Miller

ALBION – A murder trial that has been delayed three times will finally begin on Tuesday with jury selection scheduled to start at 10 a.m. at the Orleans County Courthouse.

Frederick Miller, 62, is accused of bludgeoning and stabbing Rachel Miller several times, causing her death on March 4, 2013. If convicted of second-degree murder, he could be sentenced to 25 years in state prison.

The trial was first delayed when Miller switched attorneys from the public defender to Robert King of Rochester. It was delayed again when King in March filed paperwork for a psychiatric defense, claiming Miller subjected to emotional abuse by his live-in girlfriend.

But King withdrew that defense when Miller refused to meet with a psychiatrist. Orleans County Court Judge James Punch on April 28 said he was forced to preclude expert psychiatric testimony because Miller refused to cooperate.

The trial was set to start on May 12, but was again pushed back. King, the defense lawyer, filed a motion to review evidence that District Attorney Joe Cardone sought to add to the prosecution’s case. Cardone filed an amended indictment and King requested time to explore the evidence and alleged proof.

Orleans County Court Judge James Punch opted on May 12 to delay the trial so King would have time to file a motion about the amended indictment.

Rachel Miller, 53, died of blunt force trauma combined with multiple stab wounds on March 4, 2013. The couple allegedly had a fight at a home they shared on Oak Orchard River Road, according to the Orleans County Sheriff’s Department.

ALBION – An Albion man was sentenced to 1 to 3 years in state prison for a burglary last August at Robinson’s Redemption in Albion.

Hayden Ettinger, 20, of East Academy Street pleaded guilty to attempted burglary in the third degree on June 2. He faced up to four years in state prison. His attorney requested Probation and no incarceration.

Genesee County Judge Robert Noonan gave Ettinger five years on Probation for a similar crime of breaking into a barn in Oakfield last October. Ettinger has been receiving treatment for a “horrendous drinking problem,” his attorney said.

Orleans County Court Judge James Punch said Ettinger committed multiple crimes, and breaking into other people’s property is a serious crime.

“I’m not going to sentence you to Probation,” Punch said. “I don’t think that appropriate.”

In other cases in County Court:

The judge set bail at $200,000 for a Holley resident charged with driving while intoxicated and numerous other offenses, including second-degree assault, second-degree vehicular assault, two counts of third-degree assault, second-degree reckless endangerment and operating a motor vehicle while ability impaired by drugs and alcohol.

William O. Kuyal, 54, was arrested on June 18 after a car accident on Route 237 and Powerline Road in the town of Clarendon. Kuyal allegedly drove through a stop sign while going westbound on Powerline Road, crossing into Route 237. Kuyal and three other people were injured in the crash.

Kuyal has an extensive criminal record, said Susan Howard, the assistant district attorney. She noted he has 25 prior arrests and 13 convictions.

Kuyal is represented by attorney Kevin McKain, who entered not guilty pleas on behalf of Kuyal and requested that bail be reduced “to a more palatable figure.” McKain said Kuyal fell asleep while driving and there was nothing intentional about the alleged crimes.

Punch kept bail at $200,000 for Kuyal, who is in Orleans County Jail.

“This is a whopper of a criminal record,” Punch said.

A New York City resident admitted he mailed prescription narcotics to his ex-wife, an inmate at the Albion Correctional Facility.

Juan J. Gonzalez could be sentenced to up to 2 ½ years in state prison after he pleaded guilty to criminal sale of a controlled substance in the fifth degree. Gonzalez said he mailed the drugs to his ex-wife between Nov. 1 and Nov. 23.

He said he was paid for the buprenorphine, which he acquired without his own prescription.

Gonzalez has open charges against him in the Bronx and Puerto Rico. He is currently in the Orleans County Jail. Judge Punch set $250,000 bail for him. Gonzalez will be sentenced on Nov. 17.

MEDINA – An 18-year-old was arraigned in Orleans County Court on a charge of making a terrorist threat, which carries a maximum of 2 1/3 to 7 years in state prison.

Mackenzie Barrett was a junior at Medina High School when he was arrested by Village Police on May 18 after allegedly making threats against the school and students on social media.

Barrett has been jailed since then. He won’t be returning to Medina school, but wants to work towards earning his GED, his attorney Dominic Saraceno told the court on Monday. Saraceno works out of the public defender’s office and was assigned to represent Barrett, who pleaded not guilty to the felony charge.

Barrett has one prior misdemeanor. Assistant District Attorney Susan Howard inquired about a psychological exam for Barrett, but told Judge James Punch she wasn’t requesting one. Saraceno also said he wasn’t seeking an exam for his client.

The judge set bail at $20,000 for Barrett, who is due back in court on Sept. 8.

ALBION – An Albion man accused to taking a lead role in a rash of burglaries in Albion and Medina last year was sentenced to 10 years in state prison today.

Jonathan Banks, 21, has been in Niagara County Jail for nearly a year after he was arrested in Lockport for a break-in. Now he is going to state prison after being sentenced by Orleans County Court Judge James Punch.

“I don’t see any remorse whatsoever,” Punch said during sentencing. “This was a broad-based crime spree that brought down the quality of life in the community.”

Banks pleaded guilty on May 5 to second-degree burglary. He is suspected in 32 break-ins burglaries in August and September, with crimes committed in Albion, Medina, Oakfield and Lockport. He admitted on May 5 to breaking into one of the Sandy Creek apartments in the town of Gaines on Aug. 13, 2013. He entered through a window and took a television. He acted alone, Banks told the court then.

Banks declined to speak during his sentencing today. His attorney Mark Deal asked the judge to consider Banks’ youth. “He has his whole life ahead of him,” Deal said.

Banks also used marijuana daily when he was on the crime spree, his attorney told Punch.

The judge said those aren’t excuses for avoiding prison or getting a reduced sentence. He also ordered Banks to pay restitution of $887.50 for three of the victims. Banks has 18 months to pay.

District Attorney Joe Cardone said Banks went into “numerous homes” in the community.

“This was an organized effort on his part,” Cardone said. “He took young people in with him. Mr. Banks deserves to go to state prison.”

A Medina man on Aug. 11 admitted in court to assisting Banks with some of the burglaries. Isaiah Bonk, 21, said he served as the look-out while Banks went inside and returned with stolen items in a burglary at Sandy Creek Apartments on Lydun Drive in Albion.

Bonk will be sentenced on Oct. 20. He pleaded guilty to attempted second-degree burglary, which carries a maximum sentence of seven years in state prison. However, as part of a plea deal he can withdraw the plea if he is sentenced to more than five years in state prison.

The district attorney said after court today that he is working on the cases for two other people arrested last December for their alleged roles in the rash of burglaries.

ALBION – A Medina resident who broke into a convenience store last October was sentenced to 1 1/3 to 4 years in state prison.

Michael Bauer, 28, of 730 S. Main St. pleaded guilty to attempted burglary in the third degree during a June 9 court appearance. He was sentenced to state prison on Monday by James Punch, Orleans County Court judge.

Bauer admitted he broke into The Corner Store in Medina last October and stole items from the South Main Street location. Medina police said he stole the convenience store’s cash register, an undetermined number of scratch-off lottery tickets, cigarettes and other store merchandise.

Bauer had been drinking before the crime but he wasn’t so intoxicated he didn’t know what he was doing, Punch said, based on Bauer’s recall of the crime.

Punch told Bauer he could try to use the defense that he was so drunk he didn’t know what he was doing. Bauer chose not to pursue that as a possible defense and accepted the sentence on Monday.

ALBION – Three people pleaded guilty to drug crimes in Orleans County Court on Monday, and all could be sentenced to jail or state prison.

Stacy Bryan, 23, of Medina pleaded guilty to criminal possession of a controlled substance in the fifth degree. As a second felony offender, he faces a maximum of four years in state prison when he is sentenced on Nov. 3.

Bryan was due to go to trial on Wednesday but pleaded guilty in court on Monday. He admitted he sold dextroamphetamines on three occasions. The controlled substance is used to treat attention deficit hyperactivity disorder.

An Albion man also pleaded guilty to criminal possession of a controlled substance in the fifth degree. Christopher A. Saddler, 30, of 304 West State St. faces a maximum of 2 ½ years in state prison when he is sentenced on Nov. 17.

He was charged on April 1 when 16 people were arrested in Albion and Carlton for multiple sale and possession charges.

Saddler admitted in court he possessed a prescription narcotic with the intent to sell it.

Jessica Saddler, 24, of the same address also pleaded guilty on Monday. She admitted she had more than 2 ounces of marijuana in her upstairs closet on April 14.

She pleaded guilty to misdemeanor criminal possession of marijuana in the fourth degree. She could be sentenced to up to a year in jail on Nov. 17.

ALBION – A Batavia man who was banned from Wal-Mart but then allegedly stole from the store in Albion admitted to the crime in Orleans County Court on Monday.

Jason Lang, 33, of Liberty Street in Batavia pleaded guilty to attempted burglary in the third degree. He faces a maximum of 1 1/3 to 4 years in state prison when he is sentenced on Nov. 24.

He stole two coffee machines and a blender from the Albion store on Nov. 20. Because he was banned from Wal-Mart, he was charged with burglary.

In other cases in County Court:

An Albion man was sentenced to 6 months in county jail for third-degree burglary. Jacob Marks, 25, of Allen’s Bridge Road could have had the charge removed if he had not committed any additional crimes since he completed Drug Court.

However, he violated terms of his conditional discharge with a new charge of petty larceny in Niagara County.

“You have no self discipline,” Judge James Punch told Marks during sentencing. “You are a danger to other people.”

A state Canal Corporation worker accused of stealing $5,700 worth of metal from the Canal Corp.’s Albion maintenance facility rejected a plea deal and will go to trial beginning Nov. 19.

Bruce Rotoli, 55, of Albion has been charged with third-degree grand larceny and third-degree criminal possession of stolen property. He was arrested in May following a four-month investigation by state police, Village of Albion police and the Thruway Authority, which runs the canal system.

Police say that Rotoli in the fall of 2012 removed bronze bushing material from the Albion maintenance facility. Rotoli is currently on disability.

He was offered a reduced charge if he pleaded guilty to fourth-degree grand larceny and paid restitution.

Rodrick S. Griffin, 31, of Eagle Street in Medina was arraigned on several drug possession and sale drug charges as well as criminal possession of a weapon in the fourth degree.

He has a prior felony. Judge James Punch set bail at $200,000.

Griffin was arrested in June after a police investigation into the possession, sale and distribution of marijuana in the village of Medina. He also allegedly possessed a stolen 22-caliber handgun.

ALBION – A Rochester man who allegedly fired a rifle at two fleeing people in Medina last month was arraigned in Orleans County Court on Monday.

Nathaniel Harvey, 21, of Rochester has been charged with attempted murder in the second degree and reckless endangerment in the first degree. He has been in county jail since his arrest. Judge James Punch increased Harvey’s bail from $250,000 to $300,000 on Monday.

Punch said Harvey has a prior felony and twice he has failed to appear for prior court dates.

The two men who fled on foot on July 18 were not injured. A verbal altercation started on Church Street and moved near the corner of South Main and Oak Orchard streets. The gunshot missed the two men and also an elderly woman who was working in her garden along South Main Street.

Judge sets Jan. 20 for trial start against Harriger

ALBION – A pastor who used to lead a church in Lyndonville rejected a plea deal in Orleans County Court today that could have resulted in a sentence of up to 25 years in state prison.

Roy Harriger, 70, has been charged with three counts of incest, three counts of coarse sexual conduct and three counts of endangering the welfare of a child.

District Attorney Joe Cardone said if Harriger pleaded guilty to three counts of coarse sexual conduct he would face the maximum of up to 25 years.

Harriger, standing with his attorney Larry Koss, declined the plea offer.

Orleans County Court Judge James Punch said no more plea offers will be considered. He set Jan. 20 for the start of the trial against Harriger, who could face 25 years in prison if convicted.

Harriger is the pastor of the Community Fellowship Church in the town of Hartland. He was charged in November with three counts of coarse sexual contact in the first degree and three counts of incest. The endangering the welfare of a child charges were added in June.

Punch has ordered Harriger to stay away from church and any other locations where there are children 18 or younger. Harriger remains free on $250,000 bail.

The alleged crimes by Harriger occurred against three family members between September 2000 and September 2001, when he was pastor of the Ashwood Wesleyan Church in Lyndonville.

ALBION – A Medina man pleaded guilty in Orleans County Court today for his role in an Albion break-in last summer.

Isaiah Bonk, 21, admitted he teamed with Jonathan Banks, 22, of Medina at a robbery last Aug. 13 at Sandy Creek Apartments on Lydun Drive in Albion. Bonk said he served as the look-out while Banks went inside and returned with stolen items.

The two were part of a group of four Orleans County men suspected in 32 burglaries in August and September, with the alleged crimes committed in Albion, Medina, Oakfield and Lockport.

Banks pleaded guilty in May to second-degree burglary and could be sentenced to as much as 15 years in state prison on Aug. 25.

Bonk pleaded guilty to attempted second-degree burglary, which carries a maximum sentence of seven years in state prison. However, as part of a plea deal he can withdraw the plea if he is sentenced to more than five years in state prison. Judge James Punch set sentencing for Oct. 20.

Bonk is not a prior felon but has two previous misdemeanors, District Attorney Joe Cardone said. Bonk is being held in Niagara County on $50,000 bail.

In other cases in county court today:

Dawn M. Read, 42, of Albion pleaded guilty to attempted criminal sale of a controlled substance in the fifth degree. She could be sentenced to up to two years in state prison on Oct. 20.

She admitted in court she sold prescription medication to make a profit. She was charged on April 1.

A Lockport woman pleaded guilty to being part of a cocaine sale in Albion on June 2. Amanda Brosius, 23, 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. Brosius will be sentenced on Nov. 17.

A Buffalo man was arraigned on numerous drug charges after he was arrested on June 4 in Albion. Timothy Cobb, 30, has been charged with two counts of criminal sale of a controlled substance in the third degree, two counts of criminal possession of a controlled substance in the third degree, one count of CSCS in the fifth, two counts of CPCS in the fifth and one count of criminal sale of marijuana.

Former track star could get up to 6 months in jail

ALBION – Morris Taylor, 24, admitted in Orleans County Court today that he sold cocaine on State Street in the village of Albion last Sept. 4.

Taylor has no prior felony convictions and has never served on Probation. District Attorney Joe Cardone presented a plea deal to Taylor where he would face no more than 6 months in Orleans County Jail and 5 years on Probation. Taylor accepted the plea offer in court today.

If Judge James Punch gives Taylor more than 6 months in jail, Taylor can rescind his plea and go to trial. He has been charged with criminal possession of a controlled substance in the fifth degree, which carries a maximum of 2 ½ years in state prison.

Taylor, a former state track champion and football star for Albion, was accused of robbing Mark’s Pizzeria in February 2013. That case went to trial and Taylor was found not guilty.

Taylor on Dec. 2 also was arraigned on first-degree rape and forcible compulsion rape. Those crimes allegedly occurred on Thanksgiving morning. Those charges are now in a lower court and will be prosecuted separate from the drug case. Cardone said in court today there are some “issues” with the rape case. It may be handled as a misdemeanor.

“Some are questioning her motives with coming forward,” Cardone told the judge about the alleged victim.

Punch set Oct. 20 for sentencing for the drug charge.

Judge gives some jail time for Medina man with cancer

ALBION – Two people were sentenced to Orleans County Jail today.

A Medina man battling cancer was sentenced to four months of an intermittent sentence in jail. Kimberly C. Dillon, 57, of State Street will be allowed out of jail from Wednesday at noon to Friday at noon so we can receive weekly cancer treatments in Rochester.

Dillon admitted he sold hydrocodone from his house on Nov. 25, 2013. He pleaded guilty to criminal possession of a controlled substance in the fifth degree. He faced a maximum of six months in jail as part of his plea offer. He told Orleans County Court Judge James Punch that time in jail “is going to kill me.”

Punch said he could have given Dillon straight time in jail.

“I have to consider the people you are going to slowly kill by the spread of drugs,” Punch said. “You’re lucky you’re not in state prison.”

The judge also sentenced an Appleton woman to six months in jail for stealing a horse trailer from Lynn-Ette and Sons farm in Kent.

Dawn Papazian pleaded guilty to grand larceny. She apologized to the Roberts family and said she was fighting depression when she committed the crime.

She has paid restitution. However, she isn’t sure what happened to some of the contents in the trailer, her attorney Nathan Pace told the court.

“I am hoping to prove I’m a better person than that,” she told the judge.

Punch gave her time in jail. Punch said being “in a dark place,” to quote Papazian, isn’t an excuse for committing a crime.

“The victims work hard for their property,” he said. “It meant a lot to them.”