‘The huge benefit is justice would be administered more evenly. Things are not on an even playing field from town to town – they just aren’t.’ – Public Defender Joanne Best

CARLTON – Orleans County District Attorney Joe Cardone has been talking for at least a couple years about a district court in Orleans. That would include at least two towns with one judge.

Joe Cardone

Cardone said it may make the most sense to have three district courts – one on the east side for Murray, Clarendon and Kendall; the central towns of Barre, Albion, Gaines and Carlton; and the west end with Shelby, Ridgeway and Yates.

That would result in a more unified approach to justice in the county, where Cardone and Public Defender Joanne Best said there is currently a lack of consistency among the 10 town courts, as well as the CAP Court where there are arraignments twice a day in the County Jail with town justices serving in the CAP on a rotational basis.

Cardone and Best both spoke about the issue last week during the monthly meeting of the Orleans County Association of Municipalities at the Black North Inn. They want to keep having a discussion about the issue.

Cardone has tried before, requesting information from the towns on how much they spend annually for their justice courts, with salary and benefits for judges and court clerks, as well as other costs – security utilities and equipment. But Cardone said he didn’t get much response from that request.

There are currently 13 town justices in the county. Cardone, who has been district attorney for about 30 years, said that is down from about 25 local justices when he started. The villages of Albion, Medina and Lyndonville have all ended their courts with those caseloads assumed by the towns in those villages.

Cardone and Best see more room for streamlining court functions, and offering more consistency and professionalism. With a district court one judge would serve a court that covered at least two towns.

Joanne Best

“The huge benefit is justice would be administered more evenly,” Best told the group of town, village and county officials. “Things are not on an even playing field from town to town – they just aren’t.”

Cardone said the Orleans County Magistrates Association, which represents the 13 towns justices, don’t want to make the change to district courts with fewer judges.

He said the change would keep the fine money with the local municipalities and would also bring resources from the state Office of Court Administration.

Richard Moy, the Clarendon town supervisor, said he discussed a district court with the Clarendon Town Board and the group wasn’t interested in pursuing it. They see less local control, and a court run by lawyers, including a judge who would likely be an attorney.

Moy said attorneys already have too many key positions in the government.

“Look at our country, who are the senators and congressmen? They’re lawyers,” Moy said. “People see lawyers taking over the country.”

Cardone and Best said it would be beneficial to people in court to have a judge with years of background in the law.

Moy acknowledged there is varying degrees of competence among town justices, but he said that would continue if there was a switch to district courts with lawyers behind the bench.

“Not all lawyers are good judges,” he said.

Cardone and Best said they want the local government leaders to discuss the issue and look at how it could work in Orleans County – before there is a directive from the state.

“Regionalism is coming to our communities, one way or the other,” Best said. “We need to try to get ahead of the curve because the state could mandate it. Let’s develop something for our county rather than being told what to do.”

The local officials asked Cardone to put together cost estimates with a district court, and how it could save or cost more for towns with their current court budgets.

Cardone said it will depend on how many towns join in a district court. Right now he said the courts aren’t “money-makers” for the towns, and they shouldn’t look at a district court, even with less personnel, as a court that could be run cheaper.

Cardone said the focus should be on dispensing justice in a consistent and fair way across the county.

“I see things moving in this direction where things are done more professionally than they are now,” Cardone said.

It’s not something that will happen “overnight,” Cardone said. He said it could take several years to implement the district courts. The change can’t happen until the terms expire for elected town judges. Some towns last November elected judges to new four-year terms.

County Legislator Bill Eick of Shelby urged the local leaders to be open to discussing the issue.

“It’s a change factor and no one wants change,” Eick said. “We need to act before it’s shoved down our throats.”

ALBION – An Albion man was sentenced today to 1 ½ to 3 years in state prison for breaking into a home and then waving a knife towards a resident inside.

Joshua Biaselli, 38, allegedly broke into the home on May 3, 2021. He faced charges of second-degree burglary and criminal possession of a weapon.

Biaselli pleaded guilty to attempted criminal possession of a weapon in the third degree. He was sentenced today in Orleans County Court by Judge Sanford Church.

Biaselli is a second felony offender. He was sentenced in Febraury 2018 in County Court to 1 1/3 to 4 years in state prison after driving intoxicated and crashing into a garage with a stolen car.

In other cases in County Court today:

• Paul Gulczewski, 28, pleaded guilty to attempted criminal possession of a weapon in the third degree. Gulczewski, formerly of Ridgeway but now an Albion resident, was charged on Sept. 1 after police were called with reports of gunshots from a Ridgeway residence.

He had a loaded 9 mm handgun, a large capacity ammunition feeding device which held 30 bullets, and was in possession of cocaine.

He faces up to 1 1/3 to 4 years in state prison when he is sentenced on May 4.

• Leo Woodrich Jr., 58, of Medina pleaded guilty to misdemeanor driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the third degree. He could spend up to 1 to 3 years in prison when he is sentenced on May 4.

He was driving in an erratic manner and under the influence on Oct. 22, 2021, said District Attorney Joe Cardone. Woodrich was going about 30 miles per hour when he rear-ended another vehicle that was stopped, causing extensive damage to that vehicle, Cardone said.

Woodrich acknowledged he was driving with a license that had been suspended the previous day after he pleaded guilty in Barre Town Court to driving while ability impaired.

• Luis Sanchez, 32, of Albion was arraigned on charges of criminal contempt in the first degree, assault in the second degree, tampering with a witness and robbery in the third degree.

Sanchez allegedly took a person’s phone, violated an order of protection and injured the person who was ordered to stay away from.

ALBION – Orleans County Court Judge Sanford Church today sentenced an Albion man to two years in state prison, plus two years of post-release supervision for selling cocaine.

Henry Rodgers, 56, was charged in February 2020 after allegedly making one sale of cocaine in Albion.

He pleaded guilty to criminal possession of a controlled substance in the fifth degree. He was sentenced as a second-felony offender with a previous felony of driving while intoxicated.

Also in County Court today, a Middleton town man pleaded guilty to attempted promoting of prison contraband.

Jamarr Gooden, 33, was charged on Nov. 13, 2021 after bringing Oxycontin and Suboxone into the Orleans Correctional Facility with intent of passing them to an inmate.

He will be sentenced on May 11 and faces a maximum sentence of 1 ½ to 3 years in prison.

ALBION – A New York City man was sentenced today in Orleans County Court to three years in state prison and three years of post-release supervision for selling cocaine in Albion.

Hector Mendez

Hector Mendez, 41, faced multiple drug charges for criminal possession and criminal sale of a controlled substance in the third degree when he was arrested on Nov. 8, 2020.

He allegedly sold cocaine in Albion on Sept. 24, Oct. 23 and twice on Nov. 8, 2020, working with a woman on West Academy Street in Albion. During a search warrant, police seized over 100 individual bags of crack cocaine packaged for sale with a total weight of approximately two ounces, as well as cash, scales, packaging and other drug paraphernalia.

In other cases in County Court today:

• Jonathan Jimenez, 23, of Thomas Estates in Clarendon was arraigned for two counts of criminal possession of weapon in the second degree for a loaded firearm, and one count of reckless endangerment in the first degree.

Jimenez was charged on Aug. 17 after exchanging gunfire twice in the Village of Albion with Prince Wilson, 22, on Aug. 8 and Aug. 14.

Jimenez was wounded in the leg on Aug. 14. He pleaded not guilty during court today.

Wilson was due to be arraigned as well this morning but it was rescheduled until Friday morning. Wilson faces charges of criminal use of a firearm in the first degree, two counts of criminal possession of a weapon for a loaded firearm and reckless endangerment in the first degree.

Jimenez has posted bail ($2,500 cash or $5,000 bond) and Wilson also is out on bail ($50,000 cash or $100,000 bond).

District Attorney Joe Cardone said the two men were using “ghost guns” without serial numbers.

“These are extremely serious charges,” Cardone told County Court Judge Sanford Church.

• A Medina resident pleaded guilty to felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Michael R. Coffey, 74, was stopped by State Police in Carlton on Sept. 10, 2021.

He faces up to 364 days in the county jail when he is sentenced on April 27.

ALBION – Four people were sentenced to state prison or the Orleans County Jail for crimes in the county.

Judge Sanford Church sentenced the following on Jan. 12:

• Steven Forshey, 44, received the longest sentence of five years in prison, plus five years of post-release supervision for first-degree burglary.

He allegedly went into an elderly man’s house on Shelby Basin Road and threatened him with a knife, and took some of his possessions.

• Kenneth Martin II, 31, of Medina was sentenced to two to four years in state prison for third-degree burglary. He was sentenced as a second-felony offender.

• Judd Farewell, 30, of Medina was sentenced to two to four years in state prison for third-degree burglary and fourth-degree grand larceny. In February 2020, he allegedly entered a building on Maple Ridge Road without permission and stole copper supply lines worth an estimated $1,500.

• Gary Pugh, 60, was sentenced to 364 days in the county jail for driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the third degree.

ALBION – An Albion who stabbed a 17-year-old in the chest in a domestic dispute last May was sentenced to five years in state prison this morning.

Isaiah Alexander, 62, was sentenced for first-degree assault and third-degree assault. He initially was charged with attempted murder, but the 17-year-old male recovered from his injuries to his upper chest. A 20-year-old woman also suffered a severe laceration to her hand.

Orleans County Court Judge Sanford Church gave Alexander the maximum sentenced in a plea agreement. Alexander will also face five years of post-release supervision.

“Fortunately it didn’t do worse damage,” Church said about the stab wound.

Joanne Best, the public defender, said Alexander was assaulted during an altercation at Oak Orchard Estates Mobile Home Park. He was hit over the head with a broken glass candle holder, she said.

Alexander has “virtually no criminal history,” she said, and has been a very hard worker for many years at local farms.

She asked the judge for less than the maximum sentence.

District Attorney Joe Cardone said Alexander had been drinking the night of May 11 when the altercation then ensued. The DA asked for the maximum sentence because of the “very serious conduct.”

Judge Church also issued three orders of protection in court today for people in the altercation with Alexander on May 11.

In another sentencing today, Melissa Kuhn, 20, of Holley was sentenced to 1 to 3 years in state prison for violating her probation. She admitted in court on Jan. 5 that she didn’t report to probation soon after being released from county jail and also by communicating with a co-defendant who she was forbidden to talk with.

Kuhn was on probation after admitting to being the driver for people in a burglary on Fruit Avenue in Ridgeway.

ALBION – A Holley man who injured a Medina police officer was sentenced today to 5 years in state prison, plus 5 years of post-release supervision.

William A. Nichols II, 28, was charged after attacking a Medina police officer on March 12. He was charged with second-degree assault, intent to damage property and resisting arrest.

As part of a plea agreement he faced a maximum of 3 to 5 years in prison, plus post-release supervision.

His attorney, Public Defender Joanne Best, asked for 3 years of prison for Nichols, who was sentenced as a second-felony offender. She said he was in a drug treatment program and had reduced his drug use significantly at the time of his arrest.

She said Nichols has been incarcerated several times and has never been on probation or parole, where she said the supervision will help him.

The Medina police officer who was injured by Nichols hasn’t been able to return to work yet.

Orleans County Court Judge Sanford Church gave Nichols the maximum sentence. The judge cited Nichols’ previous criminal history and the nature of the latest offense.

In other cases in County Court today:

• A husband and wife from Rochester were both sentenced after they were charged on Aug. 16, 2020 after a traffic stop in Medina and had fentanyl in their vehicle. They were charged with criminal possession of a narcotic drug with intent to sell.

Pedro Gratacos, 46, was sentenced to sixnths in Orleans County Jail plus 5 years of probation. He has a prior criminal record.

His wife, Clementina Gratacos, 40, has no prior record. She was sentenced to a year on probation.

Her attorney cited her community involvement as a business owner who organizes back-to-school events and community Thanksgiving dinners.

“She is not going to be a repeat customer in this court or any other court,” said her attorney, Joseph Damelio.

• Melissa Kuhn, 20, of Holley admitted to violating terms of her probation by not reporting to probation soon after being released from county jail and also by communicating with a co-defendant who she was forbidden to talk with.

Kuhn was on probation after admitting to being the driver for people in a burglary on Fruit Avenue in Ridgeway.

She will be sentenced later this month for third-degree burglary.

• Paul Gulczewski, 28, formerly of Ridgeway but now an Albion resident, was arraigned on criminal possession of weapon in the second degree for a loaded firearm, criminal possession of a weapon in the third degree for an illegal ammunition clip, reckless endangering in the first degree, criminal possession of a controlled substance in the seventh degree and acting in a manner injurious to a child under 17.

He was charged on Sept. 1 after police were called with reports of gunshots from a Ridgeway residence. He pleaded not guilty to the charges and is free on $5,000 cash bail or bond.

• Jacoun Harden, 35, of Holley and formerly of Medina, was charged with criminal possession of weapon in the second degree for having a loaded firearm. He pleaded not guilty.

Judge Church also issued three orders of protection. Harden remains free after posting $1,000 cash bail.

Press Release, Gov. Kathy Hochul’s Office

Governor Kathy Hochul today signed legislation (S.282/A.6769) that allows individuals who were under the age of 19 when they were convicted of a crime, and therefore eligible for youthful offender status, but denied the designation to reapply for youthful offender status retroactively.

“Far too many New Yorkers who made poor choices at a young age are forced to deal with the lifelong consequences of criminal convictions that deny them a second chance at a productive, fulfilling life,” Governor Hochul said. “Communities thrive when every member has the opportunity to contribute and it’s time for New York to make the changes necessary for ensuring everybody has a fair shot at success. Thanks to this legislation, we can now support those who have learned from their mistakes by doing away with the stigma of a criminal conviction, and giving them the opportunity to get back on their feet.”

For those convicted of a crime when they are under the age of 19, New York’s Youthful Offender law provides the opportunity for their conviction to be replaced by a confidential, non-criminal adjudication and reduced prison sentence.

A criminal record has lasting effects, including societal bias and limited access to employment – two significant barriers to rehabilitation that dramatically increase the likelihood of recidivism. Many of those under the age of 19 when convicted and eligible for youthful offender status are still not granted it. This legislation allows those who were not granted that designation and who have not been convicted of another crime in at least five years since their original sentence to apply for retroactive designation of youthful offender status.

17-year-old shooter sentenced to 20 years to life

Cheyenne Farewell

LOCKPORT – Three people were sentenced to state prison on Thursday for their roles in the shooting death of a Medina woman and also for injuring five others by gunfire.

Cheyenne Farewell, 20, of Medina was killed when she was shot while attending a Halloween party last Oct. 17 in Lockport. Five others were injured when bullets were fired through a side garage door of a home on South Niagara Street.

Jeff Farewell, Cheyenne’s father, posted this message on his Facebook page: “Thank you everyone for your support. This part of the chapter is over. Now it’s time to start another. I don’t know what that is but I’m positive Cheyenne Farewell will show me the way….”

Two youths, ages 16 and 17, were charged with murder in the second degree, multiple counts of first-degree assault and second-degree assault, reckless endangerment, and criminal possession of a weapon.

One of the defendants pleaded guilty to manslaughter and was sentenced by Niagara County Court Judge Matthew Murphy to 1 1/3 to 4 years in state prison. Murphy granted this defendant youthful offender status and his name shouldn’t be published.

The youthful offender possessed a gun and walked up to the garage door but did not fire any shots, said District Attorney Brian Seaman. The DA said he wanted a longer sentence for this defendant and opposed him being given YO status.

The other adolescent offender, Shawn Johnson, was the shooter, Seaman said. Johnson plead guilty to second-degree murder, several assault charges and a weapons charge. He was sentenced to 20 years to life in prison.

Jonathan Frey, the adult who drove the vehicle involved, entered a guilty plea to hindering prosecution, and was sentenced to 2 to 4 years in state prison.

“This case was a complex and tragic incident ably investigated by the Lockport Police Department,” First Assistant District Attorney Doreen Hoffman and Executive ADA Mary-Jean Bowman said in a statement from the DA’s Office.

“The sentencing of these individuals brings the legal proceedings in this sad chapter of Lockport’s history to an end,” Seaman said. “It is my hope that it will also bring some sense of closure to the victims and their families who will continue to suffer greatly.”

Photos by Tom Rivers

ALBION – The top photo shows the Orleans County Department of Public Works on Wednesday working on the front area of the Orleans County Courthouse, facing East State Street.

The DPW has removed the sidewalks and wide walkway leading from the street to the historic building from 1858.

This photo from this afternoon shows the front area leading to the building without any concrete sidewalks. New ones will soon be going in that will be 12 feet wide, much slimmer than the previous ones.

The County Legislature has set aside $50,000 to replace sidewalks, upgrade landscaping, and relocate existing light fixtures at the Courthouse Square.

It’s part of several improvements at the site. The county also replaced the roof hatch and sealed the cupola. The sealed cupola should stop water from leaking inside. The hatch, which is used for workers to access the cupola and top of the dome, had deteriorated.

Angel Gonzalez-Rodriguez, left, and Jeffrey VanEpps

ALBION – Two men have been charged with assault after getting in a fight with knives last night in the Village of Albion.

Albion police officers and the Orleans County Sheriff’s deputies were dispatched to 110 West Bank St. at 10:54 p.m. after a report of two men fighting with knives, and one with a laceration to the face.

Upon arrival, Albion Police were flagged down by a 35-year-old man suffering from a stab wound to the right leg, Albion Police Chief David Mogle said.

The Albion Fire Department and the Medina Ambulance responded to the scene and treated the 35-year-old man. The Medina Ambulance transported the man to Strong Memorial Hospital with non-life-threatening injuries due to the stab wound.

Albion police officers were given a description of the suspect and where the suspect lived. The Albion PD, with the assistance of the Orleans County Sheriff’s Office, took the suspect into custody without incident.

Jeffrey VanEpps, 43, of Albion was charged with one count of Assault in the 2^nddegree, one count of criminal possession of a weapon 4th, one count of Menacing 1st and one count of disorderly conduct. VanEpps was remanded to Orleans County Jail for CAP Court.

After further investigation, it was determined that the individual stabbed in the leg named Angel Gonzalez- Rodriguez, 35, of Albion had initially been involved in a fight with VanEpps over a cell phone, Mogle said. The two are neighbors.

During the fight Gonzalez-Rodriguez attempted to stab VanEpps, causing a minor laceration to VanEpps’ forehead, Mogle said.

Gonzalez-Rodriguez was later released from Strong Memorial Hospital and charged by the Albion Police Department with one count of attempted assault 2nd, one count of criminal possession of a weapon 4th, one count of menacing 2nd, one count of harassment 2nd and one count of sisorderly conduct.

“The Albion Police Department believes that this was an isolated incident between the two involved individuals and that there is no immediate further threat to the Albion community,” Mogle said.

“The Albion Police Department would like to thank the Orleans County Sheriff’s Office, Albion Fire Department, and the Medina Ambulance for their prompt response to assist with this incident,” he said.