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Hinsdale man arrested for impersonating state trooper

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JAMESTOWN – A 37-year-old Hinsdale man was arrested by state police Friday for allegedly impersonating a state trooper in calls to the Jamestown employer of a woman he was hoping to get fired.

Richard E. Williams Jr. was charged with first-degree criminal impersonation and second-degree aggravated harassment. He had repeatedly told the employer that he was a state trooper investigating the woman.

He was remanded to the Chautauqua County Jail following his arraignment in Jamestown City Court.


Man gets two years in jail for driving stolen tow truck while drunk

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A police chase through the city’s Elmwood-Forest area last summer led to a jail sentence Friday for a Town of Tonawanda man who was driving drunk in a stolen tow truck with its boom down and swinging back and forth.

State Supreme Court Justice M. William Boller sentenced Michael Orth, 29, to two years in the Erie County Correctional Facility. Orth had pleaded guilty Oct. 24 to petit larceny, resisting arrest and misdemeanor driving while intoxicated.

Assistant District Attorney Patrick B. Shanahan said Orth stole a tow truck Aug. 23 in the Town of Tonawanda, then drove it to Buffalo, where officers at Elmwood and Forest avenues noticed the truck and the swinging boom.

When they tried to pull the vehicle over, Orth drove off, leading police on a slow chase through the S curves on Delaware Avenue, Shanahan said. Police eventually stopped the truck at the entrance to the Scajaquada Expressway, where Orth fought with officers, the prosecutor said.

After Orth pleaded guilty in October, the judge released him on his own recognizance and ordered him to report to the Veterans Court in Buffalo for its substance abuse treatment program, but the Veterans Court has no record of him showing up for the program, Shanahan said.

He said Orth was arrested about a week later in the Town of Tonawanda after police said he stole a car and pulled it into a gas station at Military Road and Sheridan Drive, where he crashed into a gas pump while doing figure eights.

He pleaded guilty in Tonawanda Town Court to unauthorized use of a motor vehicle and criminal mischief, and is awaiting sentencing there.

Meanwhile, Boller revoked his bail in the tow truck case and scheduled him for sentencing.

At Friday’s sentencing, Shanahan told the judge records show that while Orth served in the military, he received an other than honorable discharge.

The judge agreed with Shanahan that Orth didn’t deserve any more breaks and sentenced him to one year in jail for petit larceny and one year for resisting arrest, with the sentences to run consecutively.

He also placed him on three years’ probation for DWI, fined him $500 and revoked his driver’s license for six months.

email: jstaas@buffnews.com

Two-car crash ties up Scajaquada during rush hour

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Buffalo police are attempting to determine if weather conditions led to a two-car crash in the westbound Scajaquada Expressway that caused a backup during Friday’s afternoon rush.

The crash occurred near Elmwood Avenue when one driver lost control and struck another vehicle before hitting the guard rail. Police reported no one was injured and no charges have been lodged.

An investigation is continuing.

Pennsylvania man pleads guilty to Falls sex crime

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LOCKPORT – A man who was visiting Niagara Falls for a wedding last year pleaded guilty in Niagara County Court Friday to committing a sex crime against a Philadelphia woman in a hotel.

Darryl L. Benedict, 32, of Clarks Summit, Pa., pleaded guilty to first-degree sexual abuse and could be sent to prison for as long as seven years when he returns before Judge Matthew J. Murphy III on May 2.

Assistant District Attorney Robert A. Zucco said Benedict entered a room in the Quality Inn April 20 and sought to have sex with a woman who was intoxicated and asleep.

Custer Street man charged with throwing party for underage drinkers

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A 22-year-old Custer Street man was arrested on drug and criminal nuisance charges early Friday for allegedly throwing a loud party of underage drinkers in his apartment.

Brandon Rivera was arrested about 3:30 a.m. after officers reported finding he had five blue ecstasy pills and was staging a party where numerous fights broke out.

Ontario man imprisoned for drug smuggling

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A Canadian man who federal prosecutors said was responsible for smuggling drugs into Niagara Falls and Niagara County was sentenced this week to two years in federal prison.

U.S. Chief District Judge William M. Skretny imposed the sentence on Edman Ho, 28, of Timmins, Ont. He was convicted of conspiracy to import the drug MDMA, better known as ecstasy, into the U.S. from Canada.

Assistant U.S. Attorney Mary Catherine Baumgarten, who prosecuted the case, said it began with an investigation by Immigration and Customs Enforcement under the director of Special Agent in Charge James C. Spero.

Drug dealer gets a break because of autistic children

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LOCKPORT – Niagara County Judge Sara Sheldon Farkas decided Friday not to send a Buffalo drug dealer to prison because his wife would be left to care for four children, two of them autistic.

Aaron R. Ware, 36, of Gorton Street, was placed on six months of interim probation for his guilty plea to a reduced charge of attempted third-degree criminal sale of a controlled substance. He sold $1,400 worth of cocaine, about 1.5 ounces, to a police informant May 2 in North Tonawanda.

“He should go to state prison, but I’d be giving [his wife] a life sentence,” Farkas said. Prison is still a possibility if Ware performs poorly on probation. He is to return to Farkas’ court Aug. 6 for a final sentence, and must perform 100 hours of community service in the meantime.

Ware’s criminal resume includes a 1995 first-degree manslaughter conviction for accompanying a 14-year-old who shot and killed a man in Buffalo in November 1994.

Associates defend man who had gun in school

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Dwayne Ferguson spent more than a decade advocating for nonviolence and peace in the streets of Buffalo.

He was a well-known face in the movement for the SAFE Act, the state law that made carrying a gun on school property a felony. He was also a familiar presence in the hallways of the city’s Harvey Austin Elementary School, where he worked in the after-school program and mentored students.

No one imagined that on Thursday he would show up at the school in possession of a gun, touching off an hours-long lockdown, search and ultimately his arrest on two felony charges.

Ferguson, 52, told WGRZ-TV that he frequently carries the gun, for which he has a permit, and did not realize he had it on him when he went to the school as part of the mentoring program.

Those who have worked with him also said they believe it was an honest mistake.

“I’m sure Dwayne went into the school not thinking he had the gun on him,” said Rev. James E. Giles, a friend of Ferguson and president of Back to Basics Outreach Ministries. “We know this for a fact, that he called out to a Buffalo police lieutenant asking why the school was in lockdown, and that they were looking for a man with a gun.

“Dwayne’s reaction was to get his kids – he had about 50 of them – and make sure they were safe,” Giles explained. “He led them into the cafeteria and closed the doors.”

Giles, like Ferguson, is a member of Buffalo Peacemakers, an anti-violence coalition that targets gang-related street crime.

Ferguson is not employed by the Buffalo School District but was working in the 21st Century Community Learning Program, an after-school academic enrichment initiative that tutors disadvantaged students.

Professionally, friends say Ferguson operates a printing business and works as a security guard for community events.

The father of three children, Ferguson is a lifelong resident of the East Side. He was 35 when he joined forces with fellow fathers on Buffalo’s East Side to form MAD DADs (Men Against Destruction Defending Against Drugs and Social Disorder) and is now the organization’s president.

Ferguson also has taken an active role in many community outreach programs targeting youth. He regularly patrols area malls, and city streets in an effort to curb gang-related violence.

Throughout the years he has overseen MAD DADS basketball leagues in an organized effort to keep teens off the streets.

He was among local activists who stood with Assemblywoman Crystal Peoples-Stokes last year lobbying for a law that would make possessing a gun on school property a felony. Prior to New York State’s adoption of the SAFE Act last year, in response to the Sandy Hook school massacre in Connecticut, it was a long-established state law that guns could not be brought onto school property. The only difference was that the crime carried less punishment as a misdemeanor.

In an ironic turn of events, Ferguson was charged with two counts of criminal possession of a weapon under that law for Thursday’s incident. The law carries a maximum sentence of up to four years in state prison.

Some gun advocates opposed to the SAFE Act have argued that the law actually makes schools less safe since law-abiding handgun owners cannot possess their weapons on school grounds, while mass murderers have never heeded laws making schools gun-free zones.

Ferguson held a New York State licensed pistol permit, but that makes no difference under the law.

“The more they make these gun-free zones, the more they make people vulnerable to mass killers like at Columbine and Sandy Hook,” said Stephen J. Aldstadt, a Colden resident who serves as president of the state Shooters Committee on Political Education.

Some of Ferguson’s supporters echoed similar criticism, saying that carrying a weapon meant Ferguson could have helped police in the event there was a gunman actually threatening students.

“Dwayne probably was in a position to help the police not knowing that he was the one they were looking for,” said George Johnson, president of Buffalo United Front,

Ferguson often carries a gun during the course of his business day, Giles and Johnson said.

“Mental lapses happen,” Giles said. “Things happen. It’s an unfortunate mistake. Dwayne was not conscious that he was in school with a gun.”

Both Schools Superintendent Pamela C. Brown and Kevin Brinkworth, the district’s chief of police, school safety and security, said it is unclear why Ferguson had the gun on school property, but officials do not believe he had any ill intent.

“This is a person well-known in the building,” Brinkworth said. “No one expected him to have a gun in the building.”

Brown and Brinkworth also revealed new details about the incident, which started with an anonymous call to the school and culminated with an extensive search by the SWAT team.

The school received the call about 4:15 p.m. notifying staff that someone had entered the school with a gun. Brown and Brinkworth said it is not yet clear who placed the call. Around that time, 911 received two calls about the incident, prompting the school to go into lockdown and touching off a search of the building by police and SWAT team responders.

The initial search of the building turned up nothing, Brinkworth said.

It was not until police were patting down students so they could evacuate the school that they found the gun on Ferguson, Brinkworth said.

Ferguson was wearing it in a holster, and at no time during the lockdown did he notify police that he was carrying a weapon.

“He had opportunities,” Brinkworth said.

“I will say he had no ill intent to harm these students,” Brinkworth added. “I don’t know why he had it on him.”

email: tlankes@buffnews.com jkwiatkowski@buffnews.com and lmichel@buffnews.com

Lawsuit over North Tonawanda school sale dismissed

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NORTH TONAWANDA – A seven-year-old lawsuit over the sale of the former Lowry Middle School was thrown out on a legal technicality Friday by the Appellate Division of State Supreme Court.

The five-judge panel ruled unanimously that State Supreme Court Justice Frank Caruso should have dismissed the case because the papers were originally served on the school district’s attorney. The court ruled he was not part of the district’s “governing body” within the meaning of the Education Law provisions governing who should be served with a lawsuit against a school district.

The one-page ruling did not touch on the merits of the case brought by Kevin Gersh, who bought the Payne Avenue school for $700,000 in 2006. It’s now home to Gersh Academy and the Christian Academy of Western New York.

Gersh filed suit when he saw the building’s condition. The district had removed most of the furnishings and left the walls and floors in poor condition, he claimed. Gersh said the sale contract prohibited the district from stripping the building, and Caruso had denied the district’s motion for summary judgment, a victory without a trial.

Wheatfield constable’s First Amendment rights weren’t violated, court rules

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WHEATFIELD – An appeals court ruled Friday that Town Constable Craig M. Schultz’ First Amendment rights weren’t violated in 2011 by a critical letter from a superior that was published in The Buffalo News.

At the time, Schultz was running, unsuccessfully as it turned out, for a seat on the Town Board. Chief Constable Robin R. Zastrow wrote a letter to The News about Schultz that the latter considered defamatory, regarding Schultz’s claim that he had been demoted because of his political challenge to the board incumbents.

Schultz sued Zastrow and the town, but in October 2012, State Supreme Court Justice Catherine Nugent Panepinto threw out the defamation claim, one of five charges Schultz included in the lawsuit.

The Appellate Division of State Supreme Court ruled Friday that Panepinto should have tossed the First Amendment claim, too, although the lawsuit remains open with three charges against the town still standing.

Schultz asserted that Zastrow’s letter put a chilling effect on his political activities. The court said, “The First Amendment does not afford a plaintiff the right to run a political campaign that is free from public criticism.”

Orchard Park police charge man with felony DWI

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Orchard Park Police arrested a 45-year-old man on a felony drunken driving charge and violating Leandra’s Law because a child was in the vehicle.

Police said officers stopped Burke W. Forster of Orchard Park on California Road Friday night because his vehicle had expired out-of-state plates. After submitting to a breath test, Forster was subsequently arrested on a DWI charge because the test revealed his blood-alcohol content was .15 percent, almost twice the legal limit.

Because Forster was convicted of DWI in 2011, the DWI charge was upgraded to a felony, police said.

In addition, his 11-year-old son was in the vehicle when stopped, resulting in police charging Forster with violating Leandra’s Law.

Forster also was charged with endangering the welfare of a child, unregistered motor vehicle, uninsured motor vehicle and speeding. He was released after posting $200 bail and has a Town Court date on Feb. 18.

Leandra’s Law is named after 11-year-old Leandra Rosado, who was killed in October 2009 when the adult driving her and her friends, crashed the car on the Henry Hudson Parkway in New York City. The driver was arrested for DWI.

‘Loner’ leaves $500,000 estate to federal government, Consumer Reports

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There’s a lot we don’t know about Robert J. Gerin.

We don’t know why he moved to Niagara Falls after a period as the owner and driver of a New York City cab.

We don’t know how or precisely when he died.

And we don’t know exactly why he decided to write a will splitting an estate of nearly $500,000 between the U.S. Treasury and Consumer Reports, even though he had a girlfriend.

That’s what the Bronx native did in 2010, about three months before he died at age 59 in an apartment on Sweeney Street in North Tonawanda. The will offers no explanation for his decision.

Andrew W. Meier, the attorney acting as executor of the estate, was asked that question Jan. 10 in Niagara County Surrogate’s Court by County Judge Matthew J. Murphy III, according to a recording of the hearing that was played for a Buffalo News reporter by court officials.

“Well, he had a distrust in the government of the state of New York,” Meier replied. “I explained to him that just because you die without a will, or you have no heirs, or you have no heirs you want to leave your estate to, it doesn’t mean your money goes to the state.”

Meier said Gerin didn’t accept that assurance, but he didn’t explain why Gerin chose the federal Treasury and Consumer Reports as his “heirs.”

Meier did not return repeated calls from The News.

A final accounting of the estate, approved by Murphy last week, sets the gifts at $245,200.80 each for the federal government and Consumer Reports.

“The Treasury gets bequests regularly,” said Brad Benson, spokesman for the Fiscal Service, the Treasury Department subdivision that used to be called the Bureau of the Public Debt. “This would be, in the grand scheme of things, in the top third of what we normally get.”

Benson said the government maintains an account called “the conscience fund,” which takes payments from people who think they have defrauded or stolen something from the government in the past. An example would be a soldier who stole some Army property and got away with it. Other bequests are specifically earmarked to help reduce the national debt, and are used accordingly.

The Treasury has received $201,333 in gifts to reduce the debt so far in the 2014 fiscal year. The total for the previous fiscal year was $1.76 million, about average for the last two decades.

“This one is more typical,” Benson said of Gerin’s bequest, because it’s not earmarked for any federal program in particular.

“Ultimately, it just goes back into the budget,” Benson said.

Likewise, Consumer Reports also gets some gifts, but this one appears to be on the large side. The nonprofit averages $500,000 to $600,000 in bequests annually, according to Heather Dennis, vice president for development at Consumer Reports, known for its ratings of best buys in every type of product.

“They range in size from $100 to, a few years ago, a very generous one of a few million dollars,” she said.

But Gerin’s bequest was a surprise.

“Mr. Gerin didn’t give us any indication that he intended to leave us this generous gift,” she said.

Dennis said Meier, the executor of the estate, contacted Consumer Reports. “The only thing the attorney told us was that when [Gerin] passed, his body had decomposed enough that nobody could tell when he died,” Dennis said.

She added that Gerin was a subscriber “on and off for a long time,” but he never signed up for the annual fund.

Unrestricted gifts to Consumer Reports are applied to its general budget for product testing and publishing, Dennis said.

Gerin’s official date of death was June 22, 2010. His death certificate said he died of “natural causes.”

A report in the Surrogate’s Court file by Niagara Falls attorney Joseph L. Leone Jr., who tried unsuccessfully to find relatives who might qualify as heirs, indicates that Gerin’s will left him scratching his head.

Leone recalled a meeting he had with Meier. “Although Mr. Meier described the decedent as ‘eccentric,’ he also described him as ‘well-read and intelligent,’ ” Leone wrote.

Leone couldn’t figure out why Gerin, who never married and had no known children, would give half of his money to the government, especially since estate taxes weren’t due.

Gerin’s last residence was on Sweeney Street in North Tonawanda, although he was living on Seneca Parkway in Niagara Falls when he made his will on March 4, 2010.

Living at the same Falls address was Agatha Jasek, described in court records as Gerin’s girlfriend. However, she was not left anything in the will. The News was unable to contact her.

A November 2011 rundown of the estate showed most of the money, more than $415,000, was invested in mutual funds: two accounts each at the Vanguard and Fidelity fund companies and one at Northeast Investors Trust.

There also were four bank accounts totaling more than $16,000, two at Bank of America and one each at First Niagara Bank and Cornerstone Community Federal Credit Union.

Gerin owned a house, valued at $34,500, at 334 W. Oak Orchard St. in Medina, and owned a 2006 Chevrolet Aveo.

Meier said in court, “He had other family that was remotely related to him, which he wanted to make sure could not get his assets.”

“He was a loner, didn’t participate in anything,” his uncle, Morton Gold, said this week.

And how did he learn that his nephew had died?

“We found out from the attorney handling his death,” Gold said. “He couldn’t tell us what he died of.”

Gerin died in the North Tonawanda apartment, and his girlfriend, who hadn’t heard from him for some time, checked it out.

“He wasn’t discovered for some time after [his death],” Meier told Murphy.

Gold said he believed that Gerin inherited some money from his parents, both of whom died in 1994.

Gold said Gerin had lived with his mother in Brewster, Putnam County, north of New York City. Gold said Gerin moved to Niagara Falls about 10 years ago, but he didn’t know why.

Meier said in court that he thought Gerin had been a truck driver. His death certificate listed his last job as a bus driver for First American Co. of Cincinnati.

“Apart from that, he just didn’t spend money,” Meier told Murphy.

According to Gold, Gerin at one time owned a medallion, making him an officially licensed New York City taxicab operator. Those medallions can be lucrative: In November, the city auctioned off 200 new ones for up to $1.3 million each.

Gold, who lives in Florida, said he hadn’t seen Gerin since the mid-1990s, when they and some other relatives met in Battery Park in Lower Manhattan.

“He said he knew a lot of great places to eat, because he was a cab driver. He took us to a diner. And that was our last contact with him,” Gold said.

email: tprohaska@buffnews.com

Shoplifting spree leads to heroin charges for 4

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Four Buffalo residents were arrested in a Dunkirk shopping plaza Friday after they went on a shoplifting spree, stealing merchandise valued at more than $2,000, Dunkirk police reported. The four were found in a vehicle in the D&F Plaza parking lot with the stolen merchandise, along with heroin and hypodermic needles, police said.

Dunkirk police responded to a report of shoplifters in several stores at the plaza, 1170 Central Ave., mid-afternoon Friday. The stolen merchandise included candy, medications, clothing, household items and small electronics devices.

Police said the defendants used a homemade, but effective, device to defeat stores’ anti-theft devices.

Richard D. Ryan, 37, of 486 Legion Drive, was charged with of fourth-degree criminal possession of stolen property, second-degree criminal contempt, seventh-degree criminal possession of a controlled substance, possession of a hypodermic instrument, third-degree aggravated unlicensed operation of a motor vehicle, operating an unregistered and uninsured motor vehicle, and improper switched plates.

Nicole J. Andrews, 32, of 45 Boone St., was charged with fourth-degree criminal possession of stolen property, petit larceny, seventh-degree criminal possession of a controlled substance, and two counts of possession of a hypodermic instrument.

Due to extensive criminal records, Ryan and Andrews are being held without bail.

Police also arrested Alexander Irizarry-Singh, 35, of 131 Deurstein St., on fourth-degree criminal possession of stolen property, seventh-degree criminal possession of a controlled substance, and possession of a hypodermic instrument.

Lynn M. Reese, 33, of 40 Hobart St., was charged with fourth-degree criminal possession of stolen property, petit larceny, seventh-degree criminal possession of a controlled substance and possession of a hypodermic instrument. In addition, Reese was wanted by the Amherst police on a bench warrant for a petit larceny charge and held on the detainer warrant.

The criminal contempt charge against Reese stems from his violating an order of protection issued by Amherst Town Court, directing him to stay away from Nicole Andrews, Dunkirk police said.

When Reese and Irizarry-Singh were arraigned, bail was set at $25,000 cash and $50,000 property bond.

The Chautauqua County Sheriff’s Office and Fredonia police assisted in the investigation.

email: krobinson@buffnews.com

Victim of Clarence fire identified

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The woman who died in a Clarence house trailer fire Friday night has been identified as Nelsonia Voight.

Fire calls went out about 7:45 p.m. Friday, and when Erie County Sheriff’s deputies and the Harris Hill Fire Department responded to 9170 Sheridan Drive, they found the mobile home to be fully engulfed in flames.

Firefighters later located the body of the 76-year-old woman. An autopsy conducted determined that her death was caused by smoke inhalation.

Erie County Sheriff’s fire investigators have determined the cause of the fire to be accidental, and may have been caused by careless smoking.

Ex-teacher Solomon’s attorney loses effort to fight client’s sex confession

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LOCKPORT – The attorney for Michael J. Solomon Sr., the former music teacher whose sexual abuse conviction and 32-year prison sentence were overturned on a legal technicality, lost another round last week in his effort to try to use an expert witness to try to discredit Solomon’s confession.

Niagara County Judge Sara Sheldon Farkas ruled that attorney Glenn Pincus won’t be allowed to call a psychologist to testify that his tests of Solomon showed the North Tonawanda man has a personality that makes him more likely than most people to cave in to police pressure and confess to something he didn’t do.

Last week’s ruling came a few weeks after Farkas rejected an effort by Pincus to call an expert to directly discuss false confessions.

“The defendant is disappointed in the court’s ruling,” Pincus said. “Right now, my client steadfastly maintains his innocence.”

Solomon’s second trial is due to begin March 31 on 23 counts, including rape and other sex crimes as well as posing the alleged victim, a girl who was under 11 years old at the time, in photos that allegedly constitute child pornography. The alleged victim is now 22 years old. The crimes allegedly occurred between August 1999 and March 2004.

In the original 2005 trial, the jury convicted Solomon on 23 counts, including one count of first-degree rape and nine counts of second-degree rape.

The jury acquitted Solomon on one count of second-degree rape and eight counts of possession of child porn on his computer.

He remains free on bail.

Solomon directed the band for fourth- to eighth-grade students at Holy Ghost and St. John Lutheran schools in Wheatfield and at night taught trumpet, trombone, saxophone, clarinet and drums at Matt’s Music in North Tonawanda. The alleged victim was not one of his students.

The conviction was overturned by the State Court of Appeals in October 2012 because Solomon’s attorney at the first trial, Assistant Public Defender Michele G. Bergevin, had previously represented one of the investigating officers, North Tonawanda Detective Larry Kuebler, in a private legal matter.

The state’s highest court ruled that was a conflict of interest that couldn’t be tolerated, even though the court admitted Bergevin did a good job cross-examining Kuebler during the 2005 trial.

In a hearing that ended Jan. 21, Pincus sought to persuade Farkas to let him call Dr. Bruce Frumkin to the witness stand during the new trial.

Frumkin, a forensic and criminal psychologist from Miami, testified that he is a specialist in analyzing false and forced confessions. He has reviewed 700 cases, mostly for defense attorneys.

Since Farkas had already ruled out any defense attempt to attack the validity of Solomon’s confession directly, Frumkin conducted a series of psychological tests on Solomon that purportedly showed how Solomon, now 48, might have been vulnerable to the tactics of North Tonawanda Detective Lt. Karen Smith in their June 4, 2004, interview.

But in her ruling, Farkas noted testimony by Smith and Solomon at a pretrial hearing that the detective never raised her voice.

“According to the detective, the defendant denied the alleged conduct for 20 to 25 minutes, but then appeared remorseful and admitted to having intercourse with the alleged victim once the previous summer,” Farkas wrote.

Solomon testified last July that he told Smith he might have molested the girl “once when I was very, very drunk.”

Solomon said that six or seven officers and a police dog came to his home to take him in for questioning, and he was worried about his children, one of them an autistic son, who had been left at home with no indication of when he would return.

“I wanted to get home to my kids,” Solomon testified last summer.

He said he told Smith, “If you say I did it once, I did it once. If you say I did it 100 times, I did it 100 times.”

Pincus said during the Jan. 21 hearing that Solomon’s statement to Smith “doesn’t admit anything that’s specifically in the indictment.”

Farkas wrote, “The defendant’s statements to the police are but one piece of evidence in the case. The prosecution does not rely, even primarily, on the defendant’s statements to the police.”

The judge said other evidence includes recorded phone calls under police supervision placed by the alleged victim to Solomon the day before he was arrested; the contents of his home computer; and the victim’s testimony.

In ruling the confession admissible, Farkas said the police did “nothing unduly coercive” to Solomon.

Frumkin testified that the battery of tests he administered to Solomon showed that the former teacher “has an extremely difficult time being around people.

“He prefers to be alone. He’s asocial, not antisocial,” he said.

He said his tests showed Solomon to be of “average to high-average intelligence,” but Frumkin added, “He tries to take the easy way out in dealing with stressful situations.”

Solomon said during his testimony that Smith told him, falsely, that the police had a dress with DNA on it. Solomon said he replied, “Great, that’ll clear me.”

Frumkin testified that false evidence techniques are “designed to get guilty people to confess.”

But sometimes, he said, people with low intelligence or those with certain psychological problems are vulnerable to confessing falsely under the same circumstances.

Farkas disagreed. “There is no finding that the defendant suffers from any special disability which might make him unusually susceptible to otherwise routine police questioning,” the judge wrote.

“Finally, the length of time between when the tests were administered (by Frumkin) and the police interview in this case makes such testimony minimally relevant,” she wrote in her decision.

email: tprohaska@buffnews.com

How to halt epidemic rise in heroin use

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Since last Sunday, when The Buffalo News reported on an epidemic of heroin and opiate deaths in Erie County and elsewhere in the nation, the deaths kept coming. Starting with actor Philip Seymour Hoffman in New York City.

Over the past six days, two more people in Erie County died of likely heroin or opiate overdoses, and two nearly died.

When will it end? And how can this dramatic rise in heroin and opiate deaths, much of it fueled by prescription painkillers, be prevented?

The News last week interviewed a dozen individuals from law enforcement, addiction treatment centers, the medical profession and relatives of drug addicts, and asked them those questions.

The only consensus was that there is no simple answer. Some said more public money is needed to rehabilitate drug addicts early on. Others believe aggressive law enforcement that puts drug dealers behind bars for decades will help curtail the opiate epidemic.

Still others say New York has made a good start with its I-STOP law that requires doctors and pharmacists to log onto a website giving a real time list of patients’ drug prescriptions to determine if they are abusing opiate pain medicines by seeking multiple prescriptions.

Here are some of their responses:

Catching opiate abusers

Dr. Thomas A. Lombardo Jr. said he initially had doubts about the I-STOP law, officially known as the Internet System for Tracking Over-Prescribing Act, which went into effect last year. He thought it would be just another intrusion, taking time away from treating patients.

But he has found it a useful tool in detecting when a patient wants prescription painkillers for purposes other than treating bona fide pain.

And sometimes the mere mention of going on the Internet is enough to give a drug user second thoughts.

The Amherst orthopedic surgeon cited a man who recently came into his Williamsville office, complaining about aches and pains.

At the end of the examination, the patient feigned a lack of knowledge about pain medication but managed to get his question out anyway.

Could he have a prescription for a painkiller?

“Doctor, you know my sister had a few of those, eh, I don’t know what you call them, hydro tabs or lor-codeines,” the patient told him, obviously referring to hydrocodone and lortabs.

“Are you sure? Do you understand that I am now going to go to a state website and find out your prescription history,” Lombardo responded.

“I think I’ve changed my mind,” the patient quickly said.

Checking the website takes barely half a minute but can give doctors the insight they need to know what is really going on with an individual, said Lombardo, who is president of the Medical Society of Erie County.

Some doctors though, say that while I-STOP halts the ruses for pain pill prescriptions, the answer to curbing the epidemic is far more complicated.

Realistic expectations

Dr. Paul Updike has worked for years with opiate-addicted individuals as the director of a methadone clinic run by Sisters Hospital. He assists individuals in pain management.

Because opiates profoundly alter how the brain functions, he said it is unrealistic to think that an individual can simply summon up enough willpower, quit cold turkey and stay quit.

But, he added, there is plenty of room for recovery.

“What is the optimal treatment? Well, it is not clear. It would be nice to wean them off. But particularly with opiates, it might be that patients never revert back to normal and may require some sort of replacement therapy indefinitely.

“The way I look at this problem, it is a chronic disease, similar to diabetes or hypertension. Really, if we looked at it like that, you need continued treatment,” Updike said.

Use of methadone and other drugs, he said, can provide mitigation.

And though it might not be a perfect solution, Updike believes such an approach decreases the complications and havoc that full-fledged heroin addicts can cause in the community.

“Medical and criminal costs, the cost to families, would all decrease when the addiction was treated properly,” Updike said.

Another crucial component is better educating doctors on how to prescribe pain medication and understanding addiction.

The State Legislature, in fact, is currently considering a law that would require doctors who prescribe large quantities of pain medication to take a one-time, eight-hour course on the different aspects of addiction.

More resources, Updike added, need to be allocated so that there is a greater capacity for treating the thousands of addicts in Western New York and millions more across the country.

Treatment enhancements

Longer stays at inpatient treatment facilities would go a long way toward improving the chances for long-term sobriety, according to Anne Constantino, president and CEO of Horizon Health Services.

Her organization has inpatient and outpatient facilities throughout the region that specialize in treating drug addicts and the mentally ill. One of the fastest-growing populations among drug users assisted by Horizon, she says, are those addicted to opiates.

At Horizon Village in Sanborn, where there is a 50-bed, general adult treatment unit, patients generally stay for 90 days. But that is not the standard elsewhere, she said.

Fourteen-day stays are becoming more common and that is not enough time, she said, explaining that health insurance companies must approve the lengths of stays.

“People need 90 days for this kind of an addiction, especially young people who are impulsive. Their lifestyle is all wrapped up in this kind of a world, and for them to make the changes necessary to live a drug-free lifestyle, it requires work in every area of their life, and you can’t do that in 14 days,” Constantino said.

Even with 25 additional beds planned for Horizon Village, she said, more are needed.

“On any given day, the 50-bed unit has 80 applications pending,” Constantino said.

There is also another financially related issue that flies in the face of health care reform, she said.

“High deductibles and co-pays make intensive outpatient and inpatient care unaffordable because of the out-of-pocket cost. If a family has a $5,000 deductible on their health insurance plan, the family has to pay hundreds of dollars a week until the deductible is met,” she said.

What often happens is the individual in need of the care becomes disengaged in seeking treatment and eventually ends up overdosing and entering the medical system through the emergency room.

“And that is exactly the opposite of what we are trying to do with health care,” Constantino said.

Prevention in the form of educating people to the hazards of misusing prescription painkillers, public health experts say, is yet another means that could help in fighting the epidemic. And it is more economical.

De-stigmatizing addiction

If there is any chance in turning back what has become a public health crisis, a shameless and honest public discussion about addiction to heroin and its companion pharmaceutical drugs needs to occur, said Erie County Health Commissioner Gale R. Burstein.

“We need to embrace this is as a communitywide health issue, and the first step we need to take is to de-stigmatize this,” Burstein said. “We need to talk about it and make people feel comfortable about this problem in our neighborhoods. We need to talk about it in a nonjudgmental manner. But people are afraid to come out. It reminds me of people who are afraid to come into mental health care.”

One of the more daunting obstacles, she said, is that the topic being discussed falls under the category of criminal behavior.

“The larger problem here is that it is illegal and there is an even greater stigma,” Burstein said. “It is not just a socially undesirable behavior. It can also be illegal, and you can possibly go to jail. That’s a huge barrier to coming out and seeking care.”

But steps can be taken, such as curriculum in schools teaching about substance abuse and how easily it can happen. The discussions should also happen at home between parents and children with age-appropriate messages.

Another, more immediate, positive action can be taken on the homefront, Burstein said: emptying out medicine cabinets of unused painkillers and disposing of them safely at designated sites throughout the county.

Warning for others

Marie, whose daughter has become addicted to opiates, is in complete agreement with the health commissioner’s suggestions.

After reading last Sunday’s story in The News, the North Buffalo woman felt compelled to share the nightmare that has engulfed her family over the last few years.

Asking that her family’s last name be withheld because of the sorrow and embarrassment she says it would cause if neighbors and more distant relatives knew the truth, Marie said her grown daughter became hooked on painkillers after they were prescribed in 2011 for injuries suffered in a car accident.

Heroin addiction soon followed.

“The word heroin has such a stigma attached to it,” Marie said. “I would think of New York City, homeless people, people in and out of prison, prostitutes, when it came to heroin.”

Her daughter ended up arrested in Amherst during a routine traffic stop when police found prescription medications outside their proper container. The young woman was ordered to enter Amherst Drug Court.

But despite court-ordered treatment, she continues to test positive for opiates in her system.

Marie said she thought her daughter was buying prescription painkillers from drug dealers but was shocked to discover that her child was still able to obtain them, even after the arrest, from a Buffalo doctor.

“I had believed she was getting them from the streets since she was involved in the court system. But I found a purse of hers hidden in the basement with at least 10 empty bottles of pain medication that were being prescribed to her by a pain management facility connected to her no-fault insurance.

“Once I realized this, I contacted the doctor’s office to inform them not to provide her anymore scripts because she was selling them for heroin,” the mother said.

Despite repeated attempts to speak with the doctor, Marie said she is still waiting for a return call.

There is, however, one phone call she hopes she never gets.

“I’m frantic, afraid when the phone rings it will be to inform me that my daughter has been added to the ever growing statistic of heroin overdose deaths,” she said.

Her daughter was released last week after 14 days in county jail as a sanction for violating drug court requirements, Marie said. She is now back in a halfway house with “one last chance to follow her program and stay drug free,” Marie said.

And while the young woman has not been able to maintain sustained recovery so far, Marie said she is certain the only reason her daughter is still alive is because Amherst Drug Court has kept her on such a short leash.

Law enforcement

Prison is not the answer for curing drug addicts, according to U.S. Attorney William J. Hochul Jr.

Drug courts, rather than regular criminal courts, are the better way to work with those who abuse drugs, he said.

But imprisonment is fine for those responsible for selling heroin and other opiates that are killing drug users, Hochul.

“If it can be proven that a drug dealer sold opiates that ended up killing a customer,” Hochul said, “the dealer faces federal drug charges that could put the individual away for a minimum of 20 years to a maximum sentence of life.”

Drug dealers need to know that Buffalo police are working closely with Hochul and the U.S. Drug Enforcement Administration, State Police and local police agencies to try to curtail the opiate epidemic, said Buffalo Police Commissioner Daniel Derenda.

“We’re in a crisis, an epidemic right now, and it is just not the city,” the commissioner said of his support for aggressive law enforcement and prosecution. “In January, we executed 50 search warrants involving drugs.”

The opiate epidemic, Hochul said, is something of a different animal compared with the crack cocaine epidemic that hit in the late 1980s and early 1990s.

“What really got crack on the public’s radar was the violence associated with the trafficking of the product. What is getting into the public consciousness with the opiates is the great number of overdoses of people ranging from young children to elderly to famous actors to prison inmates,” he said.

With crack, Hochul said, federal prosecutors made use of the Racketeer Influenced and Corrupt Organizations Act.

“The crack industry in Western New York was controlled by a number individuals, and we were able to use the RICO Act to dismantle entire operations,” Hochul said.

With heroin and other opiates, he said, arrests so far have involved one or two individuals at a time. But that may be because local networks selling opiates have not had enough time to develop, he said.

“It may be that we are at an early point in the timeline,” Hochul said.

Crack addicts often started on another illegal drug, cocaine.

But studies have show that the vast majority of opiate addicts got their start with legal prescriptions for pain medications, the U.S. attorney said.

“The potential universe of heroin abusers is substantially larger than anything we saw during the crack cocaine days,” Hochul said. “Crack was largely confined to urban centers, and heroin from a geographical perspective really has no limitation.”

With this widespread customer base and growing demand, law enforcement officials say, getting the upper hand will be all the more challenging.

email: lmichel@buffnews.com

Orchard Park police arrest drivers on drunken driving charges

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Orchard Park police arrested two men on drunken-driving charges in separate incidents Friday.

Police on Saturday said that Timothy J. Hourihan, 28, of West Seneca was charged with DWI after his breath test showed his blood-alcohol content to be .17 percent. He was stopped by police on Southwestern Boulevard for allegedly failing to maintain the car in his lane and making an improper turn.

Police also charged Richard M. Spencer, 22, of East Concord with DWI after pulling him over on Orchard Park Road. Police said Spencer’s breath test showed a blood-alcohol content of .14 percent. Spencer made an unsafe lane change and failed to signal a turn, police said.

Both men were released and are due in town court on Feb. 25.

Jamestown police make heroin arrests across from police headquarters

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Jamestown police said heroin was being sold from an apartment across the street from police headquarters. Three men were arrested Friday on drug charges.

Jamestown police executed a search warrant on an East Second Street apartment with the assistance of the SWAT team. They said they found a “large quantity” of heroin, along with cash, a shotgun, and ammunition for the shotgun.

Police arrested Juan Aponte-Sierra, 22, Christian Marquez-Sierra, 18, and Josh Figueroa, 17, and charged them with felony criminal possession of a controlled substance and criminal using drug paraphernalia. They were arraigned in city court and remanded to the county jail.

Police arrest customer who refused to leave Buffalo bar

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A Long Island man faces charges of disorderly conduct and harassment after he allegedly grabbed several women early Saturday morning at a West Chippewa Street tavern, according to Buffalo police reports.

Kevin M. Reuter, 21, of Bellmore allegedly grabbed the female patrons at Indulge Bar, 49 W. Chippewa St., shortly before 4 a.m. and was caught by security.

Security officers told Reuter to leave and tried to escort him out, but he refused.

Reuter was arrested after he disobeyed orders from Buffalo police to leave the bar.

Man initially denied having gun in Buffalo school

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Dwayne Ferguson, the MAD DADS Buffalo chapter president who was arrested Thursday for having a gun inside the School 97 Harvey Austin Elementary School, allegedly denied possessing the weapon when questioned several times by police, according to a Buffalo Police Department report.

Ferguson, 52, of Butler Avenue, pleaded not guilty to two counts of criminal possession of a weapon in connection with the afternoon incident that drew a big police response. The Erie County Sheriff’s helicopter also responded to the report of “a person bearing a weapon on or near school property.”

The police report revealed that Ferguson, a registered pistol permit holder, was found to have a loaded .38-caliber handgun with one round chambered.

Police officials said the well-known community activist was not suspected of harboring any ill intent. He was apparently involved in the after-school program at the East Side school.

Ferguson is not a city schools employee but has worked with at-risk youth for several years in after-school programs.

He remains released on his own recognizance pending a future date in Buffalo City Court.
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