The Republican challenger for Chautauqua County District Attorney is blasting Democratic candidate Patrick Swanson for Swanson's handling of last December's double-homicide in the city of Jamestown. Fredonia area Attorney Jason Schmidt says the decision to move forward with prosecuting the case as a double manslaughter case sets a "dangerous precident." Schmidt says it's not Swanson's place to determine an "affirmative defense" for defendant Allen Witruke. Swanson recently got the indictment against Witruke from a Chautauqua County Grand Jury. However... Schmidt believes he would have gotten an indictment for second-degree murder in the case. He adds that Swanson has now denied a jury the opportunity to consider murder charges. Schmidt was also critical of the fact it took Swanson six months to get the case through the Grand Jury process. He says it should have been presented to a Grand Jury immediately. Schmidt also says that Swanson should not have "reduced" the charges before the Jamestown Police Department's investigation has ended.
Acting Chautauqua County D-A Patrick Swanson says... after carefully analyzing the Witruke double-homicide case... he felt they could not sustain second-degree murder charges. Swanson says immediately following the homicide in Jamestown... his predecessor, David Foley, met with Public Defender Ned Barone before the preliminary hearing... and, it was decided to adjourn the matter. He says that was to allow a "forensic psychological evaluation" of the suspect. Swanson says both the prosecution and defense experts agreed with each other. Swanson says the District Attorney... in such cases... must seek "justice and truth." He says they are forbidden from prosecutorial "overreach" in their cases. He adds that "ethically..." he has a responsibility as Acting D-A... and he takes that "very seriously." Schmidt argues that Witruke could be freed after as little as five years in prison on each of the manslaughter counts. However... Swanson says Witruke would spend 8 to 25 years in state prison. He adds his opponent only has "very limited knowledge" of the actual case.
The scheduled lecturer of the morning Monday at Chautauqua Institution was a no-show after being arrested early last weekend during a "Black Lives Matter" rally in Louisiana. DeRay McKesson was one of the more than 100 people arrested during a protest in Baton Rouge late last Saturday night. The protest was in response to the police-involved death of Alton Sterling. McKesson was released on bond about 4:30 AM Sunday. He's listed as a "Black Lives Matter activist..." and was scheduled to lead-off the week on the theme of "Moral Leadership in Action" in the Chautauqua Amphitheater. McKesson is also a former mayoral candidate in Baltimore... and, is an active user of Twitter. McKesson live-streamed his Saturday arrest on Periscope. A national outcry for his release ensued. In his place... Chautauqua hosted a discussion with PBS Anchor Bill Moyers and former U-S Ambassador to the United Nations, Andrew Young.
A Jamestown man faces a boating while intoxicated charge after his pontoon boat struck a dock at the Chautauqua Lake Yacht Club in Lakewood late Sunday night. Sheriff's officers say they received a call for people in the water... and, a vessel believed to be sinking about 10:30 PM. Deputies say... on arrival, the Navigation Unit and Lakewood-Busti Police found that the boat had struck the north dock... knocking it over. There were no injuries, and the pontoon boat was not damaged. The operator of the boat... 23 year-old Nekyle Taylor of 61 Chautauqua Avenue in the city... was charged with Boating While Intoxicated... and, issued appearance tickets for Busti Town Court.
The father of Fredonia native Jenn Suhr says clinching a spot in next month's Rio Olympics was not enough -- she also wanted to win a national title in the pole vault. Mark Stuczynski says Suhr overcame a tight hamstring suffered in the preliminary qualifiers to defeat Sandi Morris and Alexis Weeks in Sunday's national final in Eugene, Oregon. Suhr will now get a chance to defend the gold medal she won at the 2012 games in London. A number of athletes have decided to back out of next month's Olympics due to worries over the Zika virus in Rio, but Stuczynski adds that Jenn is not too concerned because she'll be primarily indoors, and not involved in a water sport... which is where the major concern is. Stuczynski feels his daughter's chances of winning another gold medal are "very good," despite losing to Morris at this year's USA Indoor Track and Field Championships.
The Roswell Park Cancer Institute is part of a new collaboration targeting cancer in Native American and Alaska Native communities. The Buffalo hospital and research center will work with the Indian Health Service of the U.S. Department of Health and Human Services under an agreement that focuses on cancer prevention and research. Roswell Park researcher Rodney Haring, a member of the Seneca Nation, says the values and traditions of Native American culture will inform and enhance the efforts.
New Dunkirk School Superintendent James Tracy begins his first, full-week as the district's top official after a very busy start. However... while speaking to Dunkirk School Board members late last week... Dr. Tracy stated that there is a lot of good going on in the District. He says it's his goal to help to continue to improve upon what the district is doing to make it a better one. Tracy says he would like to utilize his experience with improving communications between buildings, Pre-K-through 12th programming curriculum... and, to work closely with administrative team. Tracy replaces Gary Cerne who retired as district superintendent in June.
New York state is warning health insurers not to discriminate against women dealing with maternal depression. The state's Department of Financial Services issued guidelines to insurance companies Monday specifically prohibiting them from denying coverage, cancelling plans or changing rates because a woman had been diagnosed with depression. Democratic Governor Andrew Cuomo says the state will have ``zero tolerance'' for insurers that violate the rules, which he says are meant to ensure all pregnant and postpartum women get the help they need. Earlier this year... the state required insurance companies to cover screenings for depression in woman during and following pregnancy.
New York Governor Andrew Cuomo and Food Network star Sandra Lee are continued their motorcycle tour of New York state to raise awareness about breast cancer. The Democratic governor and his longtime girlfriend joined nearly 200 people on a ride from Utica to Buffalo last Friday. The pair participated in a similar ride earlier last month from Long Island to New Paltz. The event is also intended to celebrate a new law requiring hospitals to extend hours for mammograms and eliminating insurance costs for the procedure. Lee's successful treatment for breast cancer prompted Cuomo to introduce the legislation. Under the new law... more than 200 hospitals around the state will be required to offer evening and weekend hours for mammograms. Insurance companies will be prohibited from charging deductibles or copays for the procedure.
It's been a 'heartbreaking week'. Those are the feelings of Yale University professor Tracey Meares, an expert in constitutional law and community policing. She spoke Monday at Chautauqua for the Robert H. Jackson Center. Meares says the problem was further compounded by the killing of five police officers in Dallas, Texas. Meares, a black woman, adds 'race and policing is just one of a constellation of issues for people who've not yet had an opportunity to be fully part of our democracy'. She says Robert H. Jackson understood in a really deep way the importance of the relationship between 'good governance and full participation'. Monday's program was the 12th annual Robert H. Jackson lecture at Chautauqua on the Supreme Court.
