Trio fighting accusations they damaged Batavia statue

Three men accused of toppling the bronze “Self-Made Man” statue in downtown Batavia in April are suggesting it may have fallen over on its own, according to court documents.

Defense attorney Cathy Cavins has asked for maintenance and repair records from a Batavia firm for the 8-foot-tall, 750-pound statue at the corner of River and State streets.

“These records are necessary for the preparation of the defendant’s defense, and defendants believe (the records) contain material that may tend to negate guilt in this case,” Cavins wrote in individual motions for all three men.

Cavins also wants the names of workers who have performed maintenance on the $35,000 statue, which was installed in the mid-1990s, and “identification of the consistency of the mounting material for bolts to the base,” according to court documents.

Batavia brothers Theodore and Thomas Bittner, 45 and 43, both of the 500 block of Batavia Avenue, and Steve Piron, 43, of the 800 block of Karen Road in Sandwich are charged with criminal damage to state-supported property.

All three are free on bond while the case is pending. The felony carries a top prison term of five years and probation also is an option.

All three surrendered to authorities in early May after they were accused of damaging the statue April 24.

At a brief court hearing Tuesday, Cavin asked Judge James Hallock to grant her motion for supplemental discovery and the trio is due back in court Aug. 23. Cavin declined to comment afterward.

Batavia City Administrator Bill McGrath has said the statue must be sent back to the artist’s studio in Colorado to be repaired, at a cost of up to $5,000.

He could not immediately be reached for comment.