Frederick Miller

ALBION – The trial against accused murderer Frederick Miller of Carlton has been pushed back two months. The trial was scheduled to begin with jury selection today but will now start on May 12.

Miller’s lawyer, Robert King of Rochester, filed notice he is seeking a psychiatric defense for Miller. That prompted Orleans County Court Judge James Punch to adjourn the trial so District Attorney Joe Cardone would have time to hire an independent psychiatrist to evaluate Miller. Cardone will then review the psychiatrist’s report.

Miller faces second-degree murder charges after he allegedly killed his girlfriend, Rachel Miller, on March 4, 2013.

Rachel Miller, 53, died of blunt force trauma combined with multiple stab wounds. The couple allegedly had a fight at a home they shared on Oak Orchard River Road.

ALBION – Two Medina women admitted in Orleans County Court to selling drugs. The cases are not related. Both pleaded guilty to criminal possession of a controlled substance in the fifth degree, which carries a maximum sentence of 2.5 years in state prison.

Gale V. Morehouse, 51, can withdraw her guilty plea if she is sentenced to more than six months in county jail on June 9.

She admitted she sold methadone from her home on Church Street in Medina on April 22. She is a first-time offender. Morehouse has since moved to Lockport.

She told County Court Judge James Punch she “needed some money” when she sold the drug.

Another Medina woman, Serina Winters, also pleaded guilty on Monday to CPCS in the fifth degree.

Winters, 37, of 909 Church St., Apt. 1 was charged with two counts of third-degree criminal sale of a controlled substance, two counts of third-degree criminal possession of a controlled substance and one count of third-degree welfare fraud.

In exchange for pleading guilty to one of the drug charges, the District Attorney’s Office agreed to withdraw the other charges.

Winters admitted she had prescription narcotics and gave them to her estranged husband.

She has been in jail on $5,000 bail since Jan. 15. Her attorney, Shirley Gorman, asked that Winters be released from jail or that her bail be reduced. Gorman said Winters is pregnant.

Judge Punch agreed to lower the bail to $1,000. Winters will be sentenced on May 5.

Rothmund in his July mugshot

ALBION – A Rochester man was sentenced to 15 years in state prison for robbing a bank in Albion on July 2.

Jeremy Rothmund, 30, pleaded guilty to first-degree robbery on Dec. 9. He faced a maximum of 15 years in state prison as part of the plea. Orleans County Court Judge James Punch gave Rothmund the maximum during sentencing this afternoon.

In an Oct. 21 court appearance, Rothmund confessed in court that he robbed the Bank of America in Albion on July 2, showing up at the bank wearing a mask and threatening a clerk with a bomb that later was discovered to be fake.

In court today he apologized for his crimes. He has admitted to robbing two banks in Greece as well as the site in Albion. He said in court today he will use his time in prison to become a better father and citizen.

Rothmund faced a maximum of 20 years in state prison. The plea reduced the max to 15 years. He still faces charges for two other bank robberies in the town of Greece. Those cases are being handled by the District Attorney’s Office in Monroe County. Rothmund could see his prison sentenced extended with those cases.

Rothmund on Oct. 16 injured a corrections officer in the county jail. The bank robbery sentence doesn’t include that incident.

Rothmund’s girlfriend, Elyse A. Hoffer, also pleaded guilty in December to first-degree robbery. She faces up to five years in prison when she is sentenced.  She admitted to driving the getaway car when Rothmund robbed the banks.

In Albion on July 2, Rothmund said he told her to park behind the Freeze-Dry building on Route 31 near the railroad tracks. Rothmund went to the Bank of America and returned with a bag full of $18,000. He said he told Hoffer to drive fast out of town.

The two were later stopped and arrested in Holley after a resident identified them in Albion and called the police.

Frederick Miller

ALBION – The trial against accused murderer Frederick Miller of Carlton will start next week.

Jurors will be picked beginning at 10 a.m. March 10 at the Orleans County Courthouse. The District Attorney’s Office expects the trial will last a week to 10 days.

Miller, 61, is accused of killing his live-in girlfriend on March 4. Miller allegedly bludgeoned and stabbed Rachel Miller several times. He has been charged with second-degree murder.

The couple allegedly had a fight on March 4 at a home they shared on Oak Orchard River Road. Rachel Miller, who was formerly married to Miller’s cousin, was 53 when she died as a result of blunt force trauma combined with multiple stab wounds, according to an autopsy. Her body was discovered early in the morning on March 4 by an Albion school bus driver.

Frederick Miller hired defense lawyer Robert King of Rochester on Dec. 7. For nearly nine months Miller was represented by the public defender.

ALBION – Orleans County Court Judge James Punch set bail at $75,000 for a Rochester man accused of selling cocaine in the village of Albion on Oct. 6.

Timothy Turner, 33, of Mount Read Boulevard was arraigned in court on Monday for criminal  possession and criminal sale of a controlled substance in the third degree.

Turner has a prior felony record and he hasn’t always shown up in court for scheduled appearances, Punch said when he set bail.

In other county court cases:

Lori Martinez, 46, of Park Avenue in Medina pleaded guilty to criminal possession of a controlled substance in the fifth degree. She is accused of selling hydrocodone and another prescription narcotic on May 18. The prescriptions were prescribed to her.

She will be sentenced April 21 and could receive up to 2 ½ years in prison or a lesser sentence.

A Medina man was arraigned on three counts of both criminal sale and criminal possession of a controlled substance in the fifth degree, as well as third-degree welfare fraud.

Stacy Bryan, 23, of West Avenue allegedly sold dextroamphetamines on three occasions. He profited from the sales and didn’t report the income while collecting welfare benefits, the district attorney’s office said.

A Medina resident was arraigned for criminal possession of a controlled substance in the fifth degree and criminal sale of a controlled substance in the fourth degree.

Jason Fidanza, 41, of Slade Road allegedly sold hydrocodone and another prescription narcotic in Ridgeway on June 18.

ALBION – Orleans County Court Judge James Punch on Monday approved two local residents for the Drug Court program, which provides services for people with addictions and applies consequences if they use drugs.

Krystle L. Hughson, 30, of Albion pleaded guilty to petit larceny after she allegedly entered a motor home on Beachwood Boulevard in Albion on Dec. 20. Once inside, she is accused of stealing prescription pills.

Hughson told Judge Punch she was retrieving a loose dog for the owner. When she went inside the motor home, she confessed to taking prescription medication that wasn’t hers. She said she didn’t enter the home with the intention to taking the medication. But once inside, she stole the pills.

If Hughson successfully completes Drug Court, the petit larceny charge will be dismissed.

In another case for Drug Court, Joseph Piedmont, 48, of Lydun Drive in Albion pleaded guilty to grand larceny in the fourth degree and petit larceny.

If Piedmont completes Drug Court, the grand larceny charge will be dropped and he will be sentenced for petit larceny with the stipulation of no jail time.

Piedmont confessed in court to using his mother’s credit card without her permission. He used it to take money from an ATM to buy drugs, the DA’s office said.

ALBION – A pastor accused of sex crimes against children was offered a plea deal in Orleans County Court on Monday that would carry a maximum sentence of 25 years in state prison.

Roy Harriger, the pastor of the Community Fellowship Church in the town of Hartland, faces six counts of sex abuse charges. He has pleaded not guilty.

Harriger, 70,  of Middleport was charged in November with three counts of coarse sexual contact in the first degree and three counts of incest. District Attorney Joe Cardone presented a plea for Harriger to plead guilty to the three counts of coarse sexual contact. Cardone said he wouldn’t pursue the incest charges.

The coarse sexual contact charges carry a minimum of five years and a maximum of 25 years in state prison. The sentence for the three counts would run at the same time, according to the plea offer from the DA.

Harriger is represented by attorney Larry Koss. Harriger did not accept the offer in court on Monday. He has until April 7 to decide. That is his next court appearance. He can accept the plea offer or the case will go to trial.

Judge James Punch has ordered Harriger to stay away from church and any other locations where there are children 18 or younger.

Harriger was first arraigned in the Yates Town Court on Nov. 27 after being charged by the state police. He posted $250,000 bail. Punch has kept the bail at $250,000.

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.

“Witnesses can’t say exactly when they happened, but there were multiple offenses with multiple victims,” Cardone said in court on Monday.

Theresa Nichols

ALBION – An Albion woman was sentenced to 3½ years in state prison today for selling hydrocodone and other prescription narcotics. She and her two sons were arrested on Oct. 1 and accused of selling drugs in Albion.

Theresa S. Nichols, 51, of 209 North Main St. apologized in court before she was sentenced.

“I want to say I’m sorry,” she told County Judge James Punch. “I know I was wrong.”

Nichols on Dec. 9 pleaded guilty to attempted criminal sale of a controlled substance in the third degree. She faced up to four years in state prison.

Her attorney, Michael O’Keefe of Medina, asked for probation for Nichols. He said she has been taken AA classes in jail and has a place to live on Countyline Road with her fiance.

Punch said Nichols has been on probation before and it didn’t stop her from committing crimes. He insisted on state prison.

“You’ve been profiting from the sale of this poison in our community,” Punch said.

Nichols has a prior criminal history. She was on social services and disability. She was selling prescription narcotics to supplement her income, O’Keefe said in a previous court appearance.

She has been in county jail for about six months on $25,000 bail.

Her two sons also face numerous counts of criminal possession and sale of a controlled substance. The sons, along with their mother, were allegedly selling hydrocodone and tramadol pills, which were prescribed to the mother.

David Nichols, 28, was sentenced to three years in state prison on Feb. 10. He pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Joshua Nichols, 26, also faces charges of selling prescription narcotics. His case is pending in court.

Harriger

ALBION – A pastor accused of sex crimes against children in his family faces a new charge of criminal possession of a firearm.

The Rev. Roy Harriger, 70, faces the new charge because Harriger allegedly possessed an unregistered revolver at his residence on Nov. 27. State police reported Harriger did not have a valid permit for the revolver.

Harriger was issued an appearance ticket in Town of Hartland Court for 7:30 p.m. on March 10.

Harriger, pastor of the Community Fellowship Church in Middleport, was arraigned in the Orleans County Court on Monday before Judge James Punch. The arraignment was based on a six count indictment handed up by the Orleans County grand jury charging Harriger with three counts of course of sexual conduct against a child, two counts of incest and one count of incest in the first degree. All are felonies.

Judge Punch issued an order of protection barring Harriger from having any contact with the alleged victims. Judge Punch further ordered that Harriger is not to have any contact with any person under the age 18, without any exceptions, pending the outcome of the case.

ALBION – An Albion man who admitted to selling drugs with his mother was sentenced to 3 years in state prison on Monday.

David Nichols, 28, on Dec. 16 pleaded guilty to criminal possession of a controlled substance in the fifth degree. Nichols admitted to trying to sell prescription narcotics that were rolled into cigarettes.

He faced 1 ½ to 4 years in state prison as a second-felony offender. Orleans County Court Judge James Punch gave Nichols 3 years.

Nichols has a prior charge of first-degree criminal contempt in Genesee County in November 2008 as well as other charges when he was granted youthful offender.

He was represented by the public defender’s office, which said in court that Nichols was left to “fend for himself” in ninth grade when he was mother was sentenced to prison. Nichols quit school in ninth grade and tried to support himself.

Judge Punch said Nichols had several opportunities through probation to avoid crime but he “failed miserably.” The judge said Nichols capitalized on the misery of others by “spreading synthetic narcotics.”

His mother and brother also await sentencing. Theresa S. Nichols, 51, has pleaded guilty in Orleans County Court to selling hydrocodone and other prescription narcotics.

She could face up to four years in state prison after she pleaded guilty to attempted criminal sale of a controlled substance in the third degree. She will be sentenced on Feb. 24. She admitted in court to selling hydrocodone to an undercover police officer.

She also faces a charge of felony welfare fraud in the third degree.

Her son Josh Nichols, 26, will be sentenced on March 24. He could face up to 2 ½ in state prison after pleading guilty to criminal possession of a controlled substance in the fifth degree.

ALBION – An Albion man was arraigned on robbery and burglary charges on Monday, when Orleans County Court Judge James Punch set bail at $75,000.

Kyle Depoty, 23, of Albion faces charges of third-degree robbery and petit larceny for allegedly taking items from the Albion Wal-Mart on Dec. 8 and then threatening to harm a store employee.

Depoty also has been charged with second-degree burglary and petit larceny for allegedly stealing a camera, camcorder and cigarettes from an Eagle Harbor home on Dec. 4. He also faces probation violation charges.

In other cases in county court:

An 18-year-old Murray man was arraigned for disseminating indecent material to a minor. Damien Jost of Ridge Road was remanded to jail on $2,500 bail.

He was charged in September with endangering the welfare of a child, use of a child in a sexual performance and disseminating indecent material to a minor. An investigation showed he was allegedly sending and receiving photos of a victim who was 12 years old that he was messaging on-line. Jost also allegedly sent the 12-year-old images of him having sex with his girlfriend.

Jost will be represented by the public defender’s office. Judge James Punch issued an order of protection for the 12-year-old.

Tricia Stoller, 29, of Groth Road in Holley pleaded guilty to fourth-degree grand larceny and fifth-degree criminal possession of stolen property. She faces a maximum sentence of 1 to 3 years in state prison when she is sentenced on May 12.

Stoller told Judge Punch that she stole a credit card on Sept. 27, 2012 from her sister-in-law and used the card. Stoller also admitted in court to having stolen coins and currency from a Murray residence. She said she planned to sell them at a pawn shop.

A Rochester man admitted to selling cocaine at the Burger King in Albion on Nov. 22. Kamerin Burroughs, 23, of Normandy Street pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Burroughs, a first-time offender, will be sentenced to no more than six months in jail as part of a plea deal. He will be sentenced May 19.

A Brockport woman admitted to helping sell cocaine in Albion on Oct. 6. Brigitte Lutsch, 20, 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 has been charged with criminal possession of a controlled substance in the fifth degree, a charge that carries a maximum sentence of 2 ½ years in state prison. She has been accepted into drug court. If she completes the program, which usually takes about a year, the charge will be reduced to a misdemeanor.

An Albion man also was accepted into drug court. Jeffrey Starkweather, 51, admitted he had a prescription narcotic that wasn’t prescribed to him on Aug. 1, 2013.

A first-time offender, he pleaded guilty to criminal possession of a controlled substance in the seventh degree. The charge carries a maximum sentence of a year in county jail. The charge will be dismissed if he completes drug court.

A former Orleans County resident was arraigned for third-degree welfare fraud. Otis Hardy was allegedly living in Florida while collecting local welfare benefits. He is in jail on $5,000 bail.

Taylor

ALBION – A former state track champion and football star from Albion, who already faced robbery and rape charges, now has been accused of selling cocaine.

Morris Taylor, 23, was arraigned on Monday on charges of third degree criminal possession of a controlled substance and third degree criminal sale of a controlled substance. He allegedly sold cocaine in the village of Albion on Sept. 4.

Taylor is in jail on $75,000 bail. Last Feb. 28, he allegedly was armed with a knife and robbed a pizza delivery person outside Mark’s Pizzeria in Albion. After the robbery, Taylor allegedly left the area with $300. Judge James Punch set May 7 as the start date for a trial for that case.

Taylor is represented by attorney Mark Foti of the Parrinello Law Firm in Rochester. Foti told Judge Punch the firm was hired first to represent Taylor for the robbery charge and hasn’t yet agreed to represent Taylor for the additional charges. Foti agreed in court to do so on a provisional basis.

Taylor on Dec. 2 was arraigned on first-degree rape and forcible compulsion rape. Those crimes allegedly occurred on Thanksgiving morning.

Roy Harriger pleads not guilty to sex abuse charges

Harriger

The pastor of the Community Fellowship Church in the town of Hartland was told to stay away from church and any other locations where there are children 18 or younger.

Orleans County Court Judge James Punch made that stipulation on Roy Harriger today. Harriger, pastor of the Community Fellowship Church, faces six counts of sex abuse charges. He was arraigned in county court this afternoon and pleaded not guilty.

He asked through his attorney, Larry Koss of Brockport, to be permitted to attend church. But Punch said Harriger needs to stay away from church and any homes with children. He also must not email and have any communications with children.

“There will be no exceptions,” Punch said at the arraignment.

Harriger was arraigned on three counts of coarse sexual contact in the first degree and three counts of incest. He was first arraigned in the Yates Town Court on Nov. 27 after being charged by the state police. He posted $250,000 bail. Punch kept the bail at $250,000.

He also ordered Harriger to surrender all of his guns after the request was made by District Attorney Joe Cardone. Harriger has already surrendered one gun but Cardone said he believes Harriger has others, and Cardone wants them turned over.

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.

Harriger, 70, of Middleport was the pastor at Ashwood Wesleyan for 12 years before he was terminated by the church in 2009 after a falling out with denomination leaders. Harriger then started a new church, Community Fellowship Church in Johnson Creek, which is in Niagara County.

A state police investigation revealed the alleged crimes were perpetrated in New York, as well as the states of Michigan and Pennsylvania between 1974 and 2003. The alleged incidents in Michigan and Pennsylvania have been referred to their respective State Police agencies, New York State Police said.

Cardone is prosecuting the charges against Harriger in Orleans County. Cardone said he had no comment if charges will be pursued in the other states.

Harriger is next scheduled to appear in court on Feb. 24.

Harriger

A pastor who used to lead a church in Lyndonville has been indicted by an Orleans County grand jury on charges of incest, first-degree sodomy and course of sexual conduct against three children.

The Rev. Roy Harriger, currently pastor of the Community Fellowship Church in the town of Hartland in Niagara County, allegedly committed the crimes between September 2000 and September 2001, when he was pastor of the Ashwood Wesleyan Church in Lyndonville.

Harriger, 70, of Middleport was charged on Nov. 27 by the State Police with two counts of Course of Sexual Conduct (B Felony), two counts of Incest (E Felony), and four counts of Sodomy 1st (B Felony).

A state police investigation revealed the alleged crimes were perpetrated in New York, as well as the states of Michigan and Pennsylvania between 1974 and 2003. The alleged incidents in Michigan and Pennsylvania have been referred to their respective State Police agencies, New York State Police said.

Orleans County District Attorney Joseph Cardone is prosecuting the charges against Harriger, who was the pastor at Ashwood Wesleyan for 12 years before he was terminated by the church in 2009 after a falling out with denomination leaders. Harriger then started a new church, Community Fellowship Church in Johnson Creek, which is in Niagara County.

ALBION – A former resident of West Park Street in Albion could be 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.

Tyriek Johnson, 26, now lives in Fairport. He said in Orleans County Court on Monday that 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.

He is a first-time felony offender. He will be sentenced on April 28.

In other drug cases in county court on Monday:

Tracey Stratton, 51, of Vermont pleaded guilty to criminal possession of a controlled substance in the fifth degree, a charge that carries a maximum of 2.5 years in state prison.

As part of a plea deal, she will face up to a year in jail. She will be sentenced on April 7.

Stratton was charged after she mailed a controlled substance, the drug buprenorphine, to her son, who was an inmate at the Orleans Correctional Facility. She mailed the drug on Dec. 20, 2012.

Stratton was initially charged with promoting prison contraband in the first degree and criminal sale of a controlled substance in the fourth degree.

Her son Jason Seifert, 28, pleaded guilty last week to promoting prison contraband when he received the controlled substance from his mother. Seifert could face another year in jail, plus three years probation when he is sentenced on April 7.

Two men were arraigned for criminal sale of marijuana in the third degree. Christopher Hoste, 33, of Bishop Road in Appleton and Michael Nellist, 35, of East Center Street in Medina both face four counts of criminal sale of marijuana.

The sales allegedly took place in Ridgeway on May 20, July 3, October 23 and October 30.

Rudolfo Juarez-Ramerez, 30, of 17255 Lakeshore Rd., Kendall, pleaded guilty to criminal possession of a controlled substance in the fifth degree. He will be sentenced to up to a year in jail on March 31.

Juarez-Ramerez admitted he sold cocaine and received $80 for the transaction. He was charged in June after a multi-agency law enforcement effort resulted in 13 local arrests for drug and immigration crimes.