Online News. Community Views.

>> Download <<
The Batavian Mobile
Droid | iPhone

Recent comments

Community Sponsors

pembroke

April 17, 2016 - 8:48am
posted by Howard B. Owens in pembroke, news.

Law enforcement is out with an individual at Boyce Road and Route 5, Pembroke, who became the subject of a multi-patrol search after reportedly making attempts to walk on the Thruway.

He was reportedly warned to stay off the Thruway, but was later seen on the Thruway again.

At one point during the search, a trooper reminded all responding units that there were no pending criminal charges, he was just an individual trying to get to New York City.

The individual is being transported to the Pembroke exit by a deputy, who will meet up with troopers from Troop T.

UPDATE 8:54 p.m.: The subject is now in custody of a Troop T trooper and is facing a possible criminal trespass charge.

April 15, 2016 - 1:16pm
posted by Billie Owens in crime, news, batavia, byron, Le Roy, pembroke.

James R. Kosiorek (pictured left), 23, who has no permanent address and is currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department and charged with a second residential burglary where guns were allegedly involved. Kosiorek was initially charged for burglarizing a residence March 17 on Lake Street in LeRoy and attempting to steal guns from inside. During that alleged burglary, the homeowner interrupted the burglary finding Kosiorek inside at which time Kosiorek allegedly fled the scene, leaving the guns. While conducting that investigation, information was received alleging Kosiorek committed a different but similar burglary on Genesee Street in Le Roy. A subsequent investigation into the Genesee Street burglary alleged that on March 13 Kosiorek forced entry to an acquaintances apartment at which time Kosiorek removed two shotguns from the apartment. It is alleged that Kosiorek was again interrupted by the tenant and fled the scene. The shotguns were recovered by the tenant in the back yard. Kosiorek was charged Thursday with one count of second-degree burglary, a Class C felony, two counts of fourth-degree grand larceny, a Class E felony, and one count of third-degree criminal mischief, also a Class E felony. Kosiorek was arraigned before the Hon. Michael Welsh of the Le Roy Town Court and released on his own recognizance as he was already being held on bail for the Lake Street burglary.

Amelia Rose Witkowski, 30, of Angling Road, Pembroke, is charged with second-degree burglary, making a punishable false written statement and petit larceny. She was arrested for allegedly entering a resident on Main Road in Pembroke at 6:30 p.m. on Jan. 29 and stealing property from within. She also allegedly provided a written deposition to a Sheriff's deputy which contained false information. The case was handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Christopher Erion.

Kimberly M. Zeiner, 48, of Caroline Street, Albion, was charged with aggravated unlicensed operation, 2nd, and driving without headlights following a traffic stop at 3 p.m. April 6 on West Main Street, Batavia. Zeiner was subsequently arrested on April 14 on an outstanding bench warrant on those charges issued out of City of Batavia Court. The defendant was jailed in lieu of $250 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

Nicholas Adam Dubois, 18, of Shady Lane, Batavia, is charged with two counts of petit larceny. Dubois was arrested following an investigation of theft of stone from two locations in the Town of Byron. He was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

A 17-year-old is charged with two counts of petit larceny. The youth was arrested following an investigation of theft of stone from two locations in the Town of Byron. The subject was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

April 14, 2016 - 10:42pm
posted by Howard B. Owens in accident, thruway, pembroke, news.

A two-car accident is reported in the westbound lanes of the Thruway in the area of mile marker 400.4.

Unknown injuries.

Pembroke and Indian Falls fire departments dispatched along with Mercy EMS.

UPDATE 10:50 p.m.: One vehicle off the road, a tractor trailer about a half mile ahead. Three individuals are out of the vehicle and standing.

UPDATE 10:54 p.m.: No injuries at the vehicle. The chief on scene is now going to check on the tractor-trailer.

UPDATE 10:59 p.m.: The vehicle is a van, with heavy damage. All three occupants are in an ambulance being evaluated.

UPDATE 11:28 p.m.: A chief apparently needed a trooper there because of "an escalating situation." A trooper is now on scene, from Troop T.

April 4, 2016 - 12:05pm
posted by Howard B. Owens in Hannah Dibble, crime, corfu, pembroke, Bethany.

Hannah C. Dibble is not the "party girl of Pembroke" she once was, her attorney Ben Bonarigo told Judge Micheal F. Pietruzka, in County Court this morning before Pietruzka sentenced Dibble to six months in jail and five years probation for a drunken-driving accident that claimed the life of Alyson D. Krzanak.

Krzanak was an 18-year-old GCC student who hoped to become a Special Ed teacher.

The 23-year-old Dibble, who has gone from a California blonde to a bookish brunette since her last court appearance, told Piertuzka how sorry she was She apologized to Krzanak's family, her family, the families of the other accident victims, the community and any others hurt by her poor decision of Feb. 21, 2015.

Dibble was supposed to be the designated driver that night.

Bonarigo said when he first met with Dibble after the accident, he wasn't sure she really comprehended what she had done, her culpability in the accident. He said he was then "a doubting Thomas."

But as Dibble has proceeded through months of rehabilitation, much of it at her own insistence that she needed more work, through in-patient care to halfway houses and support facilities, he's seen Dibble come to grips with her own actions and reach the level of remorse where she wishes she could go back and if not undo what happened, at least trade places with Krzanak.

This morning's hearing opened with Alyson's parents, Dave and Renee Krzanak, delivering victim impact statements.

Both said Alyson was a joy, a friend, a talented and special person who had much to give the world. Dave said his wife still wakes up at night sometimes crying. He said he thinks about the fact that he will never walk his daughter down the aisle on her wedding day, see her graduate, have children, become a teacher.

Renee said Alyson was a miracle baby. After years of trying to conceive, she was about to undergo a fertility treatment when a doctor told her he couldn't do the treatment. She was already three days pregnant.  If the doctor hadn't noticed that little embryo, Alyson wouldn't have been born.

They always knew Alyson would be special.

"She excelled at everything she tried," Renee said.

"People don't understand what it's like to lose a child until you lose your child," Dave said. "It's a sadness you can't imagine."

Renee said she last spoke to Alyson about 11:30 the night of the accident. 

"Whatever you're doing, be safe," Renee said she told her daughter.

"I'll be safe," Alyson said. "I have a driver."

Alyson trusted her friend, Hannah C. Dibble, Dave and Renee said, and it was a trust misplaced.

"We don't hate Hannah Dibble," Dave said. "We hate the choice she made."

Dibble drove her 1997 Chevrolet Geo across Route 20 coming off Molasses Hill Road in Bethany and it was slammed into by a semi-truck.

Not only was Krzanak killed, three others suffered serious physical injuries: James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20.

Assistant DA Will Zickl said through getting to know Dave and Renee as he took them through the mundane legal process of prosecuting Dibble, he came to understand who Alyson was as a person.

"These are fine people," he said.

Their grace and understanding he said were a reflection of the grace and understanding Alyson would want shown to Dibble, which is why there was eventually a plea deal that would cap Dibble's maximum possible sentence to six months in jail and five years probation.

Pietruzka wasn't on the Genesee County bench for any of the prior hearings in the case and as he reviewed the court documents and notes last week, he said he was initially puzzled as to why Noonan agreed to such a seemingly light sentence in such a serious case.

"Now I understand as difficult as that commitment was, it was made after much discussion and consideration and in appreciation of Alyson and who she was as a person," Pietruzka said.

After signing court documents, Dibble was escorted, without handcuffs, from the courtroom, by a deputy. Officially, she's in the custody of the Sheriff's Office, but since the county jail is unable to house female prisoners, she will be transferred to another, as yet undetermined, county jail to serve her six-month term.

Dibble said she hopes to continue her rehabilitation and education and eventually enter the medical profession.

"I take full responsibility for what happened that night," Dibble said. "It's very clear to me what I must do. Every step I make in recovery, I dedicate to her. I must make sure everything in my life changes for the better and everything I do and have done will be in Alyson's name."

March 26, 2016 - 12:15pm
posted by Billie Owens in crime, news, Darien, pembroke, batavia, Alabama.

Adam D. Smart is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 6 in the City of Batavia, the defendant violated an Order of Protection which required him to stay away from the person on whose behalf the order was issued. In count two, he is accused of first-degree criminal contempt for allegedly violating an Order of Protection on Nov. 6, which required him to stay away from another person in the City of Batavia who also had a protective order against him.

Gayno S. Standsblack is indicted for the crime of driving while intoxicated, as a Class D felony. Standsblack is accused of driving a 2000 Dodge on Meadville Road in the Town of Alabama on Jan. 16 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving on that date allegedly under the influence of alcohol or a drug while knowing, or having reason to know, that his driver's license was suspended or revoked. In count three, he is accused of the crime of using a vehicle that did not have an ignition interlock device, a Class A misdemeanor.

John R. Benton is indicted for the crime of driving while intoxicated, as a Class E felony. On Oct. 1, in the Town of Darien, it is alleged that he drove a 2006 Toyota on Tinkham Road while intoxicated. In count two, Benton is accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time.

Alfonso G. Mayfield is indicted for the crime of driving while intoxicated, as a Class E felony. On Nov. 8, in the Town of Pembroke, it is alleged that he drove a 2007 Jeep on I-90 while intoxicated.

March 23, 2016 - 3:30pm
posted by Billie Owens in accident, pembroke, news.

An accident with possible minor injuries is reported at 605 Scribner Road. The vehicle is off the roadway and there are wires down.

Pembroke and Indian Falls fire departments and Mercy medics are responding.

March 19, 2016 - 12:37pm
posted by Billie Owens in crime, news, batavia, pembroke.

Morgan Lee Cox, 48, of Scribner Road, Pembroke, is charged with first-degree criminal contempt. On March 19, Cox was arrested following an investigation of a domestic incident at 11 p.m. on March 18. It is alleged that Cox violated a court order of protection. The case was handled by Sheriff's Deputy Chad Cummings, assisted by Deputy Kevin McCarthy.

Kenneth James Henning, 24, of Main Street, Batavia, is charged with unlawful possession of marijuana and failure to stop at a stop sign. He was arrested as the result of a traffic stop at 8:20 p.m. on March 18 on West Main Street Road, Batavia. He was released on an appearance tickets for Town of Batavia Court. The case was handled by Sheriff's Deputy Richard Schildwaster.

March 18, 2016 - 3:00pm

2165 Main Road, Pembroke, NY. This new Pembroke listing is a MUST SEE! Super solid well maintained home in Pembroke School system and conveniently located, just minutes from thruway, schools and shopping! This 3 bedroom home has a great layout and possibility of large downstairs bedroom and another bath for those looking for 1st floor everything!! Many updates including roof, windows, furnace, H2O tank, and flooring and carpeting within last 10 years approx.! Interior features sunken living room, knotty pine and also cathedral ceilings. There is public water and a well for gardening, and prettily landscaped on a 1.5 acre yard with an additional large shed for puttering!! Call Lynn Bezon at Reliant Real Estate today 585-344-HOME or click here to view the complete listing!

March 13, 2016 - 6:07pm
posted by Billie Owens in ARC, Notre Dame, pembroke, alexander.

(Submitted photo.)

Courtesy of our news partner WBTA:

The Genesee ARC awarded $1,000 scholarships on Saturday to each of three local students planning to pursue a career in the field of developmental disabilities.

Receiving the scholarships were: (seated on stage from left) Michelle Martinucci, Notre Dame High School; Hunter Marzlof, Alexander High School; and Alison Reiner, Pembroke High School.

The scholarships are named in memory of Mary Anne Graney, parent, educator, advocate and friend of the ARC. The scholarships are funded through the annual Mary Anne Graney Friends & Family 5K run.

Presenting the scholarships on Saturday were: Ted Graney, Mary Anne’s son, NYS Assemblyman Steve Hawley and ARC Executive Director Donna Saskowski.

March 9, 2016 - 3:30pm

Open House this Saturday from 11 a.m. to 12:30 p.m.! Don't miss this lovely country home nestled on 4.66 acres in the Town of Pembroke. Ample counter-space and cabinetry await in the spacious kitchen. Convenient first floor laundry is just one of the highlights featured on this property. A large open family room, formal dining area, first floor bedroom, office, and half bath round out the first floor. Upstairs you'll find two more bedrooms and a full bath. The outdoor space boasts of two outbuildings, both complete with poured concrete floors and electric service. Two acres of underground electric pet fence make this a great property for animal lovers. The acreage includes trails and wooded land. MLS# R294048. Call Chuck Flynn at Nothnagle today at 716-860-2222.

March 2, 2016 - 8:54am
posted by Howard B. Owens in crime, pembroke, batavia, bergen, Le Roy, news.

William E. Berge, 21, of Hutchins Street, Batavia, is charged with criminal possession of a weapon, 4th. Berge was allegedly found in possession of a flare gun that was modified to fire a 12-gauge shotgun round.

Joseph M. Marceilli Jr., 30, of Central Avenue, Batavia, is charged with aggravated unlicensed operation, 2nd, and obstructed view. Marceilli was stopped for an alleged traffic violation at 4:52 p.m. Saturday on Liberty Street, Batavia, by Officer Christopher Lindsay.

Tyler J. Henderson, 27, of Franklin Street, Batavia, was arrested on a warrant for alleged failure to appear. Henderson was arrested on a City Court warrant and released on his own recognizance.

Woodrow C. Horseman, 39, no permanent address, was arrested on a warrant for alleged failure to appear on criminal trespass and endangering the welfare of a child. He was jailed on $2,500 bail.

Jeffrey Robert Ammon, 48, of South Lake Street, Le Roy, is charged with trespass. Ammon is accused of being on the premises of a location on Maple Avenue, Bergen, at 6:25 p.m. Tuesday after being told to leave. Also charged with trespass was Krista Renee Lewis, 46, of Church Street, Bergen.

Amanda Ann Allard, 35, of Cadwell Road, Bliss, is charged with possession or transport or offer for sale of unstamped cigarettes and speeding. Allard was stopped at 12:29 p.m. Tuesday on Route 77, Pembroke, by Deputy Joseph Corona.

Tremain Valdez Gillbert, 26, of Wing Street, Bliss, is charged with unlawful possession of marijuana. Wing was arrested following a traffic stop at 12:29 p.m. Tuesday on Route 77, Pembroke.

February 29, 2016 - 7:42am
posted by Howard B. Owens in crime, batavia, Darien, pembroke, Le Roy.

Rochard Joseph Tomaino, 28, of Wheatfield Street, North Tonawanda, is charged with: unlawful fleeing a police officer; speeding; no/inadequate plate lamps; obscured plate; failure to yield the right of way to emergency vehicles; aggravated unlicensed operation; failure to stop at a stop sign; reckless driving; criminal possession of a controlled substance, 7th, and resisting arrest. Tomaino was arrested following an alleged police pursuit that started in the Town of Batavia at 1:36 a.m. Saturday on Pearl Street Road, proceeded through the City of Batavia and continued back to the west, ending in the Town of Darien at the Erie County line. The Sheriff's Office was assisted by Batavia PD, State Police and the Erie County Sheriff's Office. Tomaino was jailed without bail pending his next court appearance. (Initial Report)

Cody Patrick MacNaughton, 25, of Weatherwood Lane, Rochester, is charged with unlawful possession of marijuana and registration / plate display violation. MacNaughton was stopped after allegedly being observed speeding in the Village of Bergen at 8:06 a.m. Sunday by Deputy Joseph Corona.

Carl Daniel Blackmon, 43, of Stewart Avenue, Buffalo, is charged with unlawful possession of marijuana. Blackmon was stopped for an alleged traffic violation at 2 p.m. Friday on Route 77, Pembroke, by Deputy Richard Schildwaster.

A 16-year-old resident of Mill Street, Le Roy, is charged with criminal mischief, 4th, menacing, 2nd, and harassment, 2nd. The youth was charged following a domestic incident reported at 5:30 p.m. Thursday. The youth was jailed on $500 bail.

Paul Konieczny, 51, of Harvester Avenue, Batavia, is charged with harassment, 2nd. Konieczny was arrested by Batavia PD following an investigation into a reported domestic incident at 12:21 a.m. Thursday. He was jailed on $1,000 bail.

Ryan James Wetsell, 22, of Bank Street, Batavia, is charged with unlawful possession of marijuana. Wetsell was allegedly found in possession of marijuana during a police investigation into a reported burglary at his residence.

Michael T. MacCowan, 42, of Meadow Farm North, North Chili, is charged with DWI, driving with a BAC of .08 or greater and passed red light (two counts). MacCowan was stopped at 2:20 a.m. Sunday on Clinton Street by Officer Eric Foels.

Frank L. Morrison, 34, of East Avenue, Medina, was arrested on a warrant. Morrison was arrested by a deputy and turned over to Batavia PD on a City Court warrant.

February 22, 2016 - 3:23pm
posted by Billie Owens in crime, pembroke, Grand Jury, news.

Jonathan D. Knauss is indicted for the crime of third-degree burglary. It is alleged that between August 2014 and June 2015 Knauss knowingly entered or unlawfully remained inside a building in the Town of Pembroke with the intent to commit a crime. In count two, the defendant is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property, in this case brass, valued in excess of $3,000. In count three, Knauss is accused of criminal possession of stolen property, 3rd, a Class D felony, for allegedly knowingly possessing stolen property with the intent to benefit himself or someone other than the owner, or to impede the recovery by an owner of the property, when the value of that property was more than $3,000.

February 19, 2016 - 10:08am
posted by Howard B. Owens in crime, alexander, batavia, pembroke, news.

Keith C. Michels, 38, of Alden, is charged with DWI and uninspected motor vehicle. With a state Trooper parked nearby and watching, Michels was observed doing donuts in the parking lot of the Alexander Fire Department on Route 98, Alexander. Upon further investigation, the Trooper allegedly observed that the vehicle did not have a current inspection sticker and the Trooper reported detecting the odor of alcohol emanating from Michels. Michels was transported to the Batavia Barracks of the State Police where he was allegedly found to have a BAC of .13.

Ian RIchard Eli Tarbell Sr., 43, of State Route 37, Hogansburg, is charged with transport and sale of 4,800 cartons of untaxed cigarettes, failure to keep right and moving from lane unsafely. Tarbell was stopped at 8:42 a.m. Thursday on Route 77, Pembroke, by Deputy Lonnie Nati. Tarbell was jailed on $100,000 bail.

James Francis Scharf, 50, of Walker Lake Ontario Road, Hilton, is charged with second-degree criminal contempt and trespass. Scharf was arrested on a warrant issued by Oakfield Town Court and jailed on $2,500 bail.

Andrew Charles Webster, 22, of Gilette Road, Alexander, is charged with petit larceny. Webster was arrested on a warrant. He was jailed on $2,000 bail or $4,000 bond.

February 11, 2016 - 10:20am
posted by Howard B. Owens in crime, byron, bergen, batavia, pembroke.

Jaime Vega Tinuco, 26, of Walkers Corners Road, Byron, is charged with stalking, 4th, and endangering the welfare of a child. Tinuco allegedly showed up at the residence of a 16-year-old female after being told numerous times to cease contact. Bail was set at 2,500.

Woodrow Horseman, 39, of Walnut Street, Batavia, is charged with criminal trespass and endangering the welfare of a child. Horseman allegedly refused to leave the residence of another person. Horseman was released under supervision of Genesee Justice.

Kyle B. Smith, 27, of Knox Road, East Aurora, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to signal. Smith was stopped at 12:36 a.m. Saturday on Richmond Avenue, Batavia, by Officer Mitchell Cowen.

A 17-year-old resident of Walnut Street, Batavia, is charged with menacing, 2nd. The youth is accused of menacing a 14-year-old with a realistic looking BB gun.

Amber L. Ostrander, 25, of West Main Street, Fillmore, was arrested on a warrant. Ostrander was arrested by the Wyoming County Sheriff's Office and turned over to Batavia PD. She posted $500 bail and was released.

Martin F. Jones, 44, of Liberty Street, Batavia, is charged with petit larceny. Jones allegedly stole two cans of beer valued at $2.67 from Southside Deli. Jones was jailed on $2,000 bail or $4,000 bond.

Nicole Georgantopoulous Belluccio, 35, of Juliane Drive, Rochester, is charged with possession and transport of more than 400 untaxed cigarettes and obstructed plates. Belluccio was stopped at 12:47 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Belluccio was allegedly found in possession of 6,400 untaxed cigarettes.

Jimmy Ray Wenzel, 29, of Seven Springs Road, Batavia, is charged with criminal contempt, 1st. Wenzel was allegedly in contact with a person in violation of an order of protection. Wenzel has a prior criminal contempt conviction within the past five years.

Amy Lynette Cliff, 44, of West Main Street, Byron, is charged with driving while ability impaired by alcohol, refusal to take prescreen test and speeding. Cliff was stopped at 9:35 p.m. Tuesday on Parkview Drive, Bergen, by Deputy Joseph Corona.

February 1, 2016 - 6:55pm
posted by Billie Owens in accident, pembroke, indian falls.

A two-car accident with injuries is reported at the exit 48A toll booth of the Thruway. Pembroke and Indian Falls fire departments are responding, along with an ambulance as mutual aid from Darien.

January 30, 2016 - 3:48pm
posted by Howard B. Owens in corfu, winterfest, pembroke.

corfuwinterfest2016.jpg

There was still enough ice on the rink behind the Corfu Village Hall for a bit of hockey today during the annual Winterfest, despite the temperature hitting 50 degrees.

Nobody was complaining about the warm weather as they enjoyed food, vendors, music and a basket raffle.

corfuwinterfest2016-2.jpg

corfuwinterfest2016-3.jpg

corfuwinterfest2016-4.jpg

corfuwinterfest2016-5.jpg

corfuwinterfest2016-6.jpg

corfuwinterfest2016-7.jpg

corfuwinterfest2016-8.jpg

corfuwinterfest2016-9.jpg

corfuwinterfest2016-10.jpg

corfuwinterfest2016-11.jpg

corfuwinterfest2016-12.jpg

January 28, 2016 - 1:19pm
posted by Billie Owens in corfu, pembroke, winterfest.

The Corfu-Pembroke Community Winterfest will be held from 10 a.m. to 6 p.m. this Saturday, Jan. 30, at the Pembroke Community Center. It's located at 116 E. Main St. in Corfu.

Music, entertainment, food, prizes, raffles and more are in store so join your friends and neighbors for a good time. Bring canned goods and non-perishables for door prize tickets to benefit the Pembroke-area food/meals programs. Admission is free to this family-friendly event.

In the morning, there will be breakfast sandwiches and baked goods for sale. In the afternoon, hamburgers and hot dogs will be available, plus chicken BBQ offered by the Corfu Free Library. For BBQ pre-sale tickets, call 599-3321.

The Corfu Fire District will sponsor a Kids' Korner and there will be a roomful of youth-based activities and giveaways. The Genesee County Sheriff's Department will offer the Safe Child ID Program.

Here's a lineup of what to expect:

  • Al Starkweather -- Historian: "Music History in Our Backyard"
  • Magic by Larry Kohorst (in the courtroom) -- 11:30 a.m. to 12:30 p.m.
  • Outside events, including ice rink skating/sledding/bonfire -- weather permitting
  • Balloons by Paul Schuler
  • K-9 Demo featuring canine "Destro" and Sheriff's Deputy Erion -- at noon

Under the Big Top:

  • Corfu-Pembroke Community Band -- 10 to 11:30 a.m.
  • DPS Jazz Trio -- noon to 1 p.m.
  • Pembroke Central School Ensemble -- 1:15 to 3:15 p.m.
  • Alexander Central School Ensemble -- 3:30 to 5:30 p.m.

Other fun things include:

  • PYA Basket Raffle
  • Dozens of vendors and crafters
  • Pembroke Art CLub Show (on display in the conference room)
January 25, 2016 - 3:15pm
posted by Howard B. Owens in crime, pembroke, corfu, scott doll.
   File Photo: Scott Doll

The attorney handling the murder conviction appeal of Scott F. Doll is asking for a hearing on why a Monroe County medical examiner testified during Doll's trial that fingernail clippings were taken and retained from the victim, Joseph Benaquist, when they were not.

Timothy Murphy argued his motion today in Superior Court, but presiding judge Michael F. Pieturszka was full of skeptical questions. 

Repeatedly, in various ways, Pieturszka asked Murphy what would be gained by a hearing when it's already known that the evidence doesn't exist. A hearing isn't going to suddenly produce the evidence, the judge noted.

Murphy argued that is presumably in the best interest of the court to find out why the trial judge -- Robert C. Noonan -- was misled about the existence of the fingernail clippings. Murphy also repeatedly stated that he didn't blame the DA's Office for the missing evidence, but he thinks the ME's Office should explain the now clearly false testimony that the evidence was collected.

At the time of trial, neither the DA nor the defense, led by Paul Cambria, requested DNA evidence from the fingernail clippings. The lack of the evidence was only discovered after Judge Robert C. Noonan, now retired, ordered the Monroe County ME's Office produce it.

Scott LaPoint, a deputy ME, testified in Doll's trial that the evidence is routinely collected and that it was collected in this instance.

Pieturszka asked what the pratical result of a hearing might be since a hearing wouldn't make evidence appear that didn't exist.

"The court is entitled to know why an order was not enforced and fully enforced," Murphy said, arguing that it was in the best interest of the court to find out why false testimony was given and why the ME's Office wasn't able to satisfactorily produce evidence Noonan ordered produced.

The fact that there may have been a third person's DNA at the scene of the crime, on Benaquist's left boot, made the inquiry all the more important, Murphy asserted, but Pieturszka asked whether even that fact was relevant without any idea of how the DNA came to be introduced into the crime scene.

It's an incomplete DNA sample, so a third person cannot be identified with it. There's no indication that, if there was a third person present, it was at the time Benaquist was killed, or if it was on Benaquist's boot prior to the attack, or if it accidently came from an investigator after the fact.

ADA Will Zickl argued that even if Murphy's request had merit, it wasn't related to the motion presently before the court. Zickl said Murphy could bring a new motion to uncover the information he seeks, but the fact that the evidence doesn't exist and can't be produced ends the original motion that prompted the discovery of the mistake.

Murphy also wants hair samples from Benaquist subjected to DNA testing to see if any third-party DNA might be found. But Zickl argued that it was such a bloody crime scene and the hair was covered so thoroughly with Benaquist's blood, there is nothing to be gained by another round of tests.

"The pulled hair samples are not worth the trouble it would take the lab to test it in light of the circumstances," Zickl said.

Pieturszka is reserving his decision until a later date. He gave Murphy two weeks to file a memo supporting his position, and Zickl two weeks after that to produce an answering memo.

Previously: DNA sample can't be matched to 2009 murder victim, nor the man convicted of killing him

Forl all previous coverage of the Scott Doll case, click here.

January 25, 2016 - 6:37am
posted by Howard B. Owens in crime, batavia, Le Roy, pembroke, bergen.

Philip Michael Molina Sr., 30, of Slade Road, Medina, is charged with criminal possession of a weapon, 3rd, and aggravated unlicensed operation of motor vehicle, 2nd. Molina was arrested following an investigation into a shoplifting complaint at Walmart involving a female companion. Molina was allegedly found in possession of metal knuckles and driving on a suspended driver's license. He was jailed on $15,000 bail or $30,000 bond.

Thomas C. Williamee, 45, of Clay St, Le Roy, is charged with petit larceny. Williamee is accused of shoplifting from Tops Market in Le Roy. He allegedly stole $8.11 in merchandise.

William A. Andrews III, 36, no permanent address, Batavia, was arrested on a warrant for alleged aggravated criminal contempt. Andrews allegedly violated a complete stay away order of protection. He is accused of punching the protected party in the face at 1:55 a.m. Aug. 23 while on West Main Street, Batavia.  Andrews charged with another count of aggravated criminal contempt for allegedly being with the protected party at the time of his arrest at 11:23 a.m. Friday. He was jailed on $10,000 bail.

Justin T. Pahl, 31, of Perry Road, Le Roy, is charged with endangering the welfare of a child. Pahl allegedly punched out a window during an incident reported at 8:30 a.m. Friday at a location on Thomas Avenue, Batavia, causing shards of glass to scatter in a room where there were two children, ages 2 and 6.

Amanda R. McDonald, 34, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to pay restitution stemming from a December 2013 incident. McDonald was arraigned and released on her own recognizance with the balance due on her restitution by her next court appearance, March 24.

J'Shon K. Naegely, 19, of Montclair Avenue, Batavia, is charged with criminal possession of stolen property, 5th. Naegely is accused of possessing and selling a video game console and video games that did not belong to him.

Allison Josephine Minnick, 22, of Maple Ridge Road, Medina, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, speed not reasonable and prudent. Minnick was arrested following an investigation by Deputy Chad Cummings into a motor-vehicle accident reported at 5:16 a.m. Saturday on Route 262, Byron.

A 17-year-old resident of Judge Road, Alabama, is charged with aggravated harassment, 2nd. The teen allegedly sent threatening text messages to a female victim causing annoyance and alarm. 

Cheryl A. Baker, 32, of Rochester, is charged with forgery, 2nd, falsifying business records, offering for file a false instrument, criminal impersonation, 2nd, and driving on a suspended registration. Baker was arrested by State Police for alleged criminal activity in the Town of Pembroke. She was jailed on $15,000 bail. No further information available at this time.

Matthew D. Chojnacki, 80, of Akron, is charged with DWI. Chojnacki was stopped at 1:23 p.m. Friday on Route 33, Bergen, by State Police.

Pages

Subscribe to

Calendar

S M T W T F S
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
23
 
 

Upcoming

Copyright © 2008-2016 The Batavian. Some Rights Reserved. Privacy Policy | Terms of Service
Original content available for non-commercial use under a Creative Commons license.
Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

blue button