Niagara University student says she was sexually assaulted by member of school’s swim team

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LEWISTON, N.Y. (WIVB) – A sophomore student at Niagara University was sexually assaulted by a member of the men’s swim team in a Fall 2018 incident, a lawsuit alleges.

The lawsuit, which was initially filed in federal court earlier this year, was amended Thursday to include the new allegation. The female student is not identified. Neither is the swim team member. The lawsuit does note, however, that the man is still a member of the swim team.

The woman joins three others as plaintiffs in the lawsuit, which was filed in September. The other three women are all either current or former members of Niagara’s women’s swim or dive teams. They claim that they were “subjected to severe and pervasive sexual harassment and bullying by members of the men’s swim team”.

“Had the university taken appropriate action when complaints about sexual harassment and other abuse was first made in 2015, (20)16, (20)17, she may not have had the same issues that she did with this young man,” said Cheryl Meyers Buth, an attorney who represents the alleged sexual assault victim.

The lawsuit claims that following the assault, the victim received a threatening phone message from a man she believed to be the person who assaulted her. She then met with Niagara’s Title IX Coordinator Ryan Thompson, who “influenced her not to” file a formal complaint, she said.

Full Story: https://www.wivb.com/news/local-news/niagara-university-student-says-she-was-sexually-assaulted-by-member-of-schools-swim-team/


Chris Collins sentenced to 26 months in prison

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NEW YORK CITY (WIVB) — Chris Collins was on Friday sentenced to 26 months for his conviction on conspiracy to commit securities fraud and lying to the FBI.

The former congressman for New York’s 27th District was also handed down one year of supervised release and a $200,000 fine.

Collins last year pleaded guilty to insider trading, as did his son Cameron Collins and his son’s father-in-law, Stephen Zarsky, who were both tipped off. That allowed them to save hundreds of thousands of dollars, as alleged by prosecutors in the indictment Collins pleaded guilty to.

Federal prosecutors recommended that Collins serve between 46 and 57 months in prison. Collins’ attorneys sought probation. Probation officers recommended he spend a year and a day in prison.

“It’s a big swing,” said Cheryl Meyers Buth, a legal analyst and attorney at Meyers Buth Law Group. “I find in my practice it’s the most stressful time for a defense client because you won’t know until you’re standing in front of a judge what he’s going to do.

“You won’t know – are you going to federal prison are you going to a halfway house? Are you going to be on probation and what the conditions of probation are going to be?”

Full Story: https://www.wivb.com/news/top-stories/chris-collins-sentencing-january-17/


Collins files appeal in insider trading case; effect on trial date unclear

NEW YORK (WIVB) – Rep. Chris Collins has appealed a recent decision by the judge in his insider trading case. It could create a delay that leads to the postponement of his trail date, which is currently scheduled for February 3rd, 2020.

In a letter sent to Judge Vernon Broderick, on Friday, Collins’ attorney said he has filed an appeal to the 2nd U.S. Circuit Court of Appeals. The appeal revolves around Speech or Debate concerns that Collins has raised.

“Congressman Collins does not anticipate filing any further motions in this Court bearing on the Speech or Debase Clause during the pendency of this appeal,” Jonathan Barr wrote.

Barr is Collins’ lead attorney in the case.

The Speech or Debate Clause of the U.S. Constitution protects certain actions by congress people while they are at work. Collins has been asking for prosecutors to turn over more evidence that he thinks will prove his Speech or Debate rights were violated as the federal government investigated his case.

On September 6th, however, Broderick filed a ruling stating Collins was not entitled to receive that evidence. The Court of Appeals will now answer the same question.

While it could force a delay in the February trial date, attorney Cheryl Meyers Buth, who is not associated with the Collins case, says the trial date could still be saved.

“It depends on what the 2nd Circuit does,” Buth said. “They could issue, for example, an expedited briefing schedule which would require the government and Congressman Collins’ attorneys to file briefs much quicker than they would normally require.

Full Story: https://www.wivb.com/news/local-news/collins-files-appeal-in-insider-trading-case-effect-on-trial-date-unclear/


Trooper charged with reckless driving in July crash that sent five to hospitals

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SHERIDAN, N.Y. (WIVB) — A New York State Trooper was arrested on Tuesday and charged in a July crash on a stretch of the Thruway that runs through Chautauqua County.

Stephen Barker is charged with second-degree reckless endangerment and reckless driving after an investigation into the July 15 crash.

State Police said that a cruiser driven by Barker, 33, crashed into the back of a minivan after he failed to notice that the van was slowing down to traffic.

The five occupants were taken to hospitals in Buffalo and Dunkirk. State police said all were treated for injuries ranging from minor to severe.

An attorney for Timothy McCann, who was taken to a Buffalo hospital by helicopter from the crash scene, said that he remains paralyzed.

“Timothy McCann arrived back at home on Christmas Eve from the spinal rehab center where he had been taken for treatment. The McCann’s are grateful to the emergency responders who saved his life that day (July 15). He appreciates the actions taken by the NYS Police to investigate the accident and District Attorney (Patrick) Swanson’s handling of the matter. Although he remains paralyzed, Mr. McCann is looking forward to spending 2020 with his family and prays for his other friends who were also injured in the accident.”

CHERYL MEYERS BUTH, ATTORNEY FOR CRASH VICTIM TIMOTHY MCCANN

Barker is suspended without pay, say state police.

https://www.wivb.com/news/local-news/chautauqua-county/trooper-charged-with-reckless-driving-in-july-crash-that-sent-five-to-hospitals/