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EVIDENCE HEARING POSTPONED FOR MAN HELD IN SON'S DEATH

LOCKPORT -- An evidence suppression hearing in the case of a Wheatfield man accused of killing his infant son was delayed Tuesday when defense lawyers realized they did not have copies of all police reports in the investigation.

Niagara County Court Judge Aldo L. DiFlorio adjourned the hearing to 10 a.m. May 29 after defense lawyers Joseph Arbour and Michele G. Bergevin discovered they did not have access to at least one police report on statements made to Sheriff's Investigator Kristin M. Neubauer by their client, Michael R. Clark Sr., 24, of St. Joseph Road.

Clark has been charged with murder in the death of 5-month-old Michael Jr. on Sept. 25. The baby allegedly died from a blow to the head.

Police agencies issue
60 tickets for ATV violations

LOCKPORT -- In a crackdown on the illegal use of all-terrain vehicles, the Niagara County Sheriff's Department in conjunction with three other area police agencies handed out more than 60 tickets for alleged ATV violations during blitzes on the May 3 and May 17 weekends.

Sheriff Thomas A. Beilein said tickets were issued for everything from reckless operation and trespassing on private property to driving uninspected and uninsured vehicles during ATV patrols in Newfane, Wheatfield, Pendleton, Porter, Lewiston and the Town of Niagara.

The concern is that farmland and yards can be damaged when ATV wheels dig into the ground, potentially ripping up turf and hurting crops, Beilein said.

He said his department ran the first blitz on May 3 in Newfane and issued 15 summonses. Three were to the parents of 15-year-olds who were operating unregistered and uninsured vehicles in a public roadway.

Last weekend, deputies along with officers from the State Park Police, CSX Railroad, and the State Department of Environmental Conservation issued 46 tickets to violators in five other towns.

"One was for reckless operation for failing to stop at a road crossing. Two were for resisting arrest. Five for operating on private land and one for operating along railroad tracks. One was for criminal possession of stolen property," Beilein said.

In eight cases, he said police officers had ATVs towed away during the two weekend blitzes.

Dysinger Road man hurt
in motorcycle accident

TOWN OF LOCKPORT -- A Dysinger Road man was injured late Monday night when he lost control of his motorcycle and crashed in front of 6157 Crosby Road, Niagara County sheriff's deputies said.

William J. Marcolivio, 22, was flown from the scene to Erie County Medical Center by Mercy Flight where he was released after treatment for a possible hip fracture, deputies said.

The accident occurred at 9:24 p.m. when Marcolivio apparently failed to negotiate a turn and lost control of his motorcycle. Further details were not available Tuesday. Marcolivio was charged with operating an unregistered vehicle and for being an inexperienced driver, deputies said.

Engineer accepts settlement
in construction accident

Richard R. Radel, a veteran construction engineer forced to retire because of the severe back injury he suffered on the site of the Southside Parkway Bridge project in South Buffalo four years ago has accepted an $800,000 settlement in his unsafe workplace suit, his attorney said Tuesday.

Radel, now 63, agreed to the settlement offer from insurance carriers for Baker Heavy & Highway Inc. and its parent, Michael Baker Corp., after opening arguments at a trial before State Supreme Court Justice Donna M. Siwek and a Buffalo jury.

Lawler F. Quinlan and Terrance M. Connors, Radel's attorneys, said their client, who was a former vice president of engineering for Herbert F. Darling Inc. and had over three decades of experience in underground and pile foundation construction, should get his full cash settlement within three weeks. Radel, project manager for Ferraro Pile and Shoring of West Seneca, was doing preparatory work on foundations for the bridge, which runs over Cazenovia Creek between Stevenson Street and Southside Parkway, when he fell off an unsecure beam Oct. 28, 1999, Quinlan and Connors said.

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