Holiday News Update
Written by Mitch Ernst on July 4, 2025
The attorneys representing the Tops mass shooter have filed a motion to dismiss his federal indictment, claiming it was obtained in violation of the Fifth and Sixth Amendments, and in violation of the Jury Selection and Service Act. The motion claims there was systemic under-representation in the grand jury that indicted Payton Gendron. It also alleges the jury was “drawn from a pool from which approximately one third of the Black persons expected and one third of the Hispanic/Latino persons expected were missing.” In addition, the attorneys claim the records compiled for what is called the “master jury wheel” were not kept, despite the Jury Selection and Service Act requiring it. Legal analyst and former Erie County District Attorney John Flynn said it’s unlikely a judge will rule to throw out the indictment in this case. “It’s a huge Hail Mary,” Flynn said. “Again, the chances are nil that this is going to be thrown out based upon this right here. Again, there’s a possibility obviously with everything, but the chances are very slim. Some of the accusations are a little concerning if I was the prosecution here.” Judge Lawrence Vilardo issued an order moving the trial start date. Jury selection is now set to begin on Aug. 17, 2026, which is almost one full year past the original September trial date. The case will be back in court for a status conference in a couple of weeks.
In case you missed it: Students attending Genesee Community College in the fall won’t be paying more for tuition. The school is announcing a tuition freeze is going to be in place for the 2025-2026 academic year. The college says this move will help ensure students can still pursue a higher education without having to worry about extra costs. Anyone who is still interested in applying can do so online.
Governor Hochul’s press secretary remains suspended after being accused of sexual harassment. The New York Times is reporting Avi Small inappropriately touched another staffer. The alleged incident happened back on June 16th in Albany during a staff retreat. Small has been an aide to Hochul since she took over for former Governor Andrew Cuomo in 2021. The governor’s office says Hochul has zero tolerance for misconduct by any state employee.
A 10-year-old boy is expected to survive after being hit by a car in Rochester. A group of kids were playing between Hudson Street and North Street when the incident happened last night. The driver tried to avoid striking the child but wasn’t able to stop in time. There is no word on the boy’s condition and no tickets were given to the driver.
The Rochester Red Wings are ready for their annual Independence Day holiday celebration. The team is hosting the Buffalo Bisons at Innovative Field today and first pitch is scheduled for 6:45 this evening. Red Wings players will be wearing patriotic jerseys and hats and once the contest is over, there will be a massive fireworks show. A limited number of seats are still available and prices start at $16/ticket
