ALBION – A Rochester man was sentenced to 6 months in jail and 5 years on Probation after he sold cocaine from 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. He is a first-time offender. His attorney Steven Sercu asked for no jail time, citing Burroughs had no prior criminal history and was raised in a supportive two-parent household.

“This isn’t the way Mr. Burroughs was raised,” Sercu told Orleans County Court Judge James Punch this afternoon.

The CPCS charge carries a maximum of 2 ½ years in state prison. Punch said Burroughs involvement in selling in heroin and cocaine warranted time behind bars.

“This is not a tiny amount of cocaine and heroin,” Punch said. “This is serious stuff.”

Burroughs was asked to cooperate in a drug investigation by the Rochester Police Department, but Burroughs declined, saying he feared retaliation. Punch said that fear shows how far Burroughs had sunk in associating wth dangerous people.

“I would like to apologize to you and your community for coming out here with this garbage,” Burroughs told Judge Punch.

The judge said Burroughs has a lot of potential.

“I hope you turn things around starting right now,” Punch told Burroughs.

In another local drug case, a Medina man pleaded guilty to criminal possession of a controlled substance in the fifth degree.

Kimberly C. Dillon, 57, of 135 State St. could face up to six months in jail as part of a plea deal. If the sentence exceeds six months, he can withdraw the plea and go to trial.

In court today Dillon admitted he sold hydrocodone and acetaminophen from his house on Nov. 25, 2013. He will be sentenced on July 21 at 2 p.m.

Dillon initially was charged with three counts of criminal sale of a controlled substance in the third degree, three counts of criminal possession of a controlled substance in the third degree, and one count of welfare fraud in the third degree.

He and six others were arrested in January following a six-month investigation into the sale and distribution of prescription narcotics and marijuana in the village of Medina, the Orleans County Major Felony Crime Task Force reported at the time of the arrests.

Miller’s lawyer granted more time to review evidence

ALBION – A murder trial that was scheduled to start this morning after two delays has again been postponed.

Robert King, the defense lawyer for Frederick Miller, filed a motion to review evidence that District Attorney Joe Cardone recently 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 this morning to delay the trial so King would have time to file a motion about the amended indictment. He has until next month to do so. There may or may not be hearings set then before the judge sets another trial date.

“These cases are extremely issue-ridden,” Cardone said at about 1 p.m.

Miller, 62, of Carlton faces 25 years to life in prison if he is convicted of killing his girlfriend Rachel Miller on March 4, 2013. Mr. Miller allegedly bludgeoned and stabbed Rachel Miller several times. He has been charged with second-degree murder.

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 is refusing to cooperate.

ALBION – A murder trial that has twice been delayed will finally begin today with jury selection.

Frederick Miller, 62, faces 25 years to life in prison if he is convicted of killing his girlfriend Rachel Miller on March 4, 2013. Mr. Miller allegedly bludgeoned and stabbed Rachel Miller several times. He has been charged with second-degree murder.

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 is refusing to cooperate.

The Millers allegedly had a fight on March 4 at a home they shared on Oak Orchard River Road. Rachel Miller was 53 when she died as a result of blunt force trauma combined with multiple stab wounds, according to an autopsy.

Jury selection begins at 10 a.m. today in the county courthouse.

ALBION – Three people were arraigned in Orleans County Court for felony crimes ranging from driving while intoxicated to drug possession and sale. All entered not guilty pleas.

Jesse Boldt, 38, of Medina was arraigned in court on Monday on two counts each of criminal possession and criminal sale of a controlled substance in the fifth degree.

Boldt of 723 South Main St., Apartment 1, was arrested on March 5 by the Orleans County Major Felony Crime Task Force. Boldt allegedly was selling LSD.

He was been in jail on $25,000 bail since his arrest. Judge James Punch agreed to reduce bail to $10,000.

In other cases:

An Albion man accused of selling cocaine was arraigned on one count each of criminal sale and criminal possession of a controlled substance in the third degree.

James Herring III, 24, of East State Street had his bail raised from $10,000 to $25,000. He was arrested for allegedly selling cocaine on May 22, 2013.

A Rochester resident was arraigned for felony DWI and aggravated unlicensed operation of a motor vehicle.

James Isaacs, 34, of Ardella Street was charged with the crimes on Feb. 3 in the town of Yates. He has a prior DWI. He has posted $5,000 bail set at the Yates court. Punch agreed to keep bail at $5,000.

MEDINA – A Medina woman who sold a prescription narcotic and a Medina man who stole a kayak and sold it online were both sentenced to state prison.

Lori Martinez, 46, of Park Avenue in Medina was sentenced to 1 ½ years in state prison by Orleans County Court Judge James Punch.

Martinez pleaded guilty on Feb. 24 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 received $25 for the sale.

Her attorney, Michael O’Keefe, asked that the judge not sentence her to jail or prison. Martinez takes care of two grandchildren and has been volunteering in the community.

“She has learned from her mistakes,” O’Keefe said in court on Monday.

Martinez apologized for committing the crime.

“I know I made a bad mistake and I’m working on making myself a better person,” she told Judge Punch.

The judge said Martinez has a criminal history and she was profiting by selling drugs. He sentenced her to 1 ½ years in state prison, plus another year of post-release supervision. She also has to pay back $970.68 in welfare benefits.

Justin Tillinghast, 19, of 167 North St. was sentenced to 1 to 3 years in state prison for grand larceny and fourth-degree criminal possession of stolen property.

Tillinghast allegedly took a kayak from a neighbor and sold it on eBay. His lawyer asked for no state prison for Tillinghast, especially because he was only 18 when he committed the crime.

But Tillinghast has a criminal history, Punch said during sentencing.

“It’s clear to me you’re out of control and you don’t seem to take responsibility for this crime,” Punch said.

Jonathan Banks could face up to 15 years in state prison

ALBION – One of the four people charged with a rash of burglaries last summer in Albion and Medina pleaded guilty today to second-degree burglary.

Jonathan Banks could be sentenced to as much as 15 years in state prison on Aug. 25. However, as part of a plea deal today, he can withdraw his guilty plea if the sentence exceeds 10 years.

Banks, 21, is suspected in 32 break-ins burglaries in August and September, with crimes committed in Albion, Medina, Oakfield and Lockport.

He has been in Niagara County Jail. His attorney Mark Deal asked that bail be reduced to $10,000 for Banks, who Deal said may be given youthful offender status.

Banks also is recently married with family in Albion and Medina, and isn’t a flight risk, Deal said.

Orleans County Court Judge James Punch refused to set bail that low. He put it at $150,000.

“This is quite frankly a disturbing crime spree that he went on,” the judge said in court today.

Banks and three other men from Orleans County were arrested and charged with the burglaries in December. Banks was arrested by Lockport police in September. After his arrest, there weren’t additional burglaries.

Banks admitted to one of the burglaries today. He said he broke into one of the Sandy Creek apartments in the town of Gaines on Aug. 13. He entered through a window and took a television. He acted alone, Banks told the court.

Banks faced 10 counts of second-degree burglary, one count of attempted burglary and attempted robbery in the second degree, six counts of grand larceny, seven counts of petit larceny, three counts of attempted petit larceny, and four counts of fourth-degree criminal mischief.

As part of the plea deal today, his sentence in Niagara County would be added to the Orleans sentence if the two together do not exceed 10 years. Banks faces a minimum sentence of 3 ½ years in Orleans. If he gets that, he could face up to 6 ½ years from Niagara.

If he is sentenced to 10 years by Judge Punch, the Niagara sentence would be concurrent or at the same time as the sentence from the Orleans court.

He also faces a fine of double the value of items he stole in the burglaries or the fine could be set as high as $5,000.

ALBION – An Albion man will spend 90 days in jail after pleading guilty to driving while intoxicated on Sept. 7 in Medina.

Josh Porter, 40, of East Park Street has a prior DWI from Oct. 27, 2011 in Lockport. He registered a 0.13 percent blood alcohol content on Sept. 7, above the legal limit of 0.8 percent.

Porter apologized in court for the crime. He said he has been sober for 7 months and 20 days and is determined to be a better family man and citizen.

“We’re lucky this isn’t a vehicular manslaughter,” County Court Judge James Punch said at sentencing on Monday. “It’s a wonder to me more people aren’t killed by people like you.”

The judge also sentenced Porter to five years on probation and revoked his driver’s license for a year. Porter also must install an inter-lock ignition device for the next three years on any vehicle he drives. That device makes sure he hasn’t been drinking.

In another case on Monday, an Appleton woman pleaded guilty to grand larceny. Dawn Papazian admitted she stole a horse trailer from Lynn-Ette and Sons farm in Kent. She will be sentenced at a later date and won’t receive a state prison sentence, but could receive up to a year in the county jail.

Defendant declines to meet with psychologist

ALBION – Frederick Miller planned to use a psychiatric defense, that he was subjected to emotional abuse by his live-in girlfriend.

Miller, 62, is accused of killing Rachel Miller on March 4, 2013. Mr. Miller allegedly bludgeoned and stabbed Rachel Miller several times. He has been charged with second-degree murder.

But today in court Miller refused to meet with a psychiatrist. Orleans County Court Judge James Punch said he has been forced to preclude expert psychiatric testimony because Miller is refusing to cooperate.

Miller’s attorney, Robert King of Rochester, said in court today he will no longer pursue the psychiatric defense.

Punch set 10 a.m. on May 12 at the start of the trial. It has twice been delayed, first when Miller switched attorneys and then when King filed paperwork for the psychiatric defense.

“It would be a lot easier for everyone if you just cooperate,” Punch told Miller.

Miller met with Dr. John Amos, a psychiatrist form Rochester, but Punch said Miller wouldn’t discuss any details of the alleged crime. Punch said Amos would be available to meet again Tuesday or Wednesday this week for an evaluation, but Miller wouldn’t agree to it.

“He’s refused to cooperate with a psychiatrist assigned to the task,” Punch said in court. “It’s creating quite a mess.”

In setting May 12 for the start of the trial, Punch said there won’t be any plea deals entertained by the court.

The Millers allegedly had a fight on March 4 at a home they shared on Oak Orchard River Road. Rachel Miller was 53 when she died as a result of blunt force trauma combined with multiple stab wounds, according to an autopsy.

ALBION – A Medina man who let in a friend’s loose dog and then stole a kayak was sentenced to 3 to 6 years in state prison today by Orleans County Court Judge James Punch.Brandon Taylor, 33, of Fletcher Chapel Road pleaded guilty to third-degree burglary. He could have been sentenced to 3 ½ to 7 years in state prison.

He is second felony offender. Taylor said he was in drug and alcohol withdrawal on Nov. 6, when he saw his friend’s dog running loose. He returned the dog to a house on Portage Road and discovered an enclosed porch was unlocked. He admitted in court to taking a kayak from the porch.

Taylor apologized to the victim in court during sentencing today.

In other cases in court court:

Richard Klaver, 53, of Catherine Street in Medina pleaded guilty to driving while intoxicated, aggravated unlicensed operation of a motor vehicle and violation of Probation.

Klaver could be sentenced to up to four years in state prison on June 2.

Jackie L. Sponaugle Jr., 22, of Ashwood Road in Waterport pleaded guilty to third-degree burglary and fifth-degree criminal possession of a controlled substance. He could be sentenced to up to seven years in state prison on July 14.

Sponaugle admitted he broke into a Carlton home on Gaines Road and stole items on Aug. 19, 2013. He also said he had morphine and intended to sell it on Oct. 3.

Lori Martinez, 46, of Park Avenue in Medina was to be sentenced today after she pleaded guilty on Feb. 24 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.

The district attorney’s office also is pursuing welfare fraud charges and wants Martinez to repay $11,600 in welfare benefits she collected over a year’s time.

Judge Punch will have a restitution hearing next month, when Martinez is expected to be sentenced. Punch said the presentence investigation report says the CPCS charge is based on an isolated incident, not a series of sales.

He wants evidence that Martinez was profiting from drug sales on more than one occasion before ordering her to pay restitution.

ALBION – A Holley man was sentenced to 1 1/3 to 4 years in state prison for taking valuable coins from a Kendall resident on Oct. 22.

James Calus, 42, of Perry Street pleaded guilty to attempted burglary in the third degree. He has a prior record, but his attorney Shirley Gorman said the previous crimes were more than 20 years ago.

Calus took the coins to help pay for college tuition for his girlfriend’s son, and to help with family bills, Gorman told County Court Judge James Punch.

“It wasn’t for drugs or gambling,” she said.

Calus took the coins not knowing how valuable they were, Gorman said. The victim in the crime asked Punch to sentence Calus to weekends in jail so he could work and pay towards restitution.

But Punch said the seriousness of crime warranted state prison.

“Just because you need money doesn’t give you the right to wander into someone else’s property and take their hard-earned property,” the judge said during sentencing on Monday.

In other cases in county court:

A Medina man was sentenced to 1 to 3 years in state prison for felony aggravated unlicensed operation of a motor vehicle and driving while intoxicated.

Milton Hinkley III, 41, of Glenwood Avenue was charged with DWI and AUO after he was stopped on May 18, 2013 on Glenwood Avenue.

He had been on Probation three times and “apparently it’s had no effect,” Punch said. Hinkley has a prior DWI in 1999.

An inmate at Orleans Correctional Facility was sentenced to another year in prison for promoting prison contraband.

Jason Seifert, 28, has been at the prison in Albion since April 23, 2010. He pleaded guilty to promoting prison contraband when he received a controlled substance, the drug buprenorphine, in the mail from his mother.

His mother, Tracey Stratton, 51, of Vermont last week was sentenced to a year in county jail for criminal possession of a controlled substance in the fifth degree.

A Kent man was sent to jail on $15,000 bail. Daniel Flanagan, 28, of Bills Road appeared in court after a bench warrant was issued for his arrest for missing a previous scheduled appearance.

He faces charges of DWI and aggravated unlicensed operation of a motor vehicle after being stopped Dec. 7 on East State Street in Albion.

An Albion man was arraigned for violation of probation and jailed on $20,000 bail. Dennis Calkins, 34, faces more serious charges but they are yet to be brought before the grand jury.

Calkins on Feb. 13 allegedly jumped from a moving vehicle and fled police on foot. He was wanted on a parole warrant. Albion police and Orleans County Sheriff’s deputies found a backpack full of ingredients for making methamphetamine in the back seat of the car he was driving.

Calkins was charged with felony unlawful manufacturing or possession of meth or meth lab materials, punishable by up to seven years in prison, and misdemeanor counts of obstruction of governmental administration and possession of a hypodermic instrument.

Police also charged him with use of a car without an Interlock device, reckless driving, aggravated unlicensed operation, unlawful fleeing from a police officer and resisting arrest.