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November 29, 2010 - 6:54pm
posted by Howard B. Owens in batavia, crime, Oakfield.

Batavia Police have been alerted to look for a 1992 Dodge Shadow that was allegedly involved in a hit-and-run accident in the area of 20 Farnsworth St., Oakfield.

The small sedan reportedly lost its front license plate after striking at least one car at that address.

The maroon vehicle is registered to a Batavia resident and reportedly has heavy front-end damage.

Sheriff's deputies are responding to the scene in Oakfield.

UPDATE 7:02 p.m.: Car may have been located in Oakfield.

UPDATE 7:38 p.m.: It sounds like there has been arrest.

 


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November 29, 2010 - 12:07pm
posted by Howard B. Owens in batavia, crime, Stafford.

David S. Hare, 38, of 5236 Cotton Road, Silver Springs, is charged with DWI, driving with a BAC of .08 or greater, criminal trespass, 2nd, and criminal mischief, 4th. Hare was charged following a report of a man entering a residence at 2:12 a.m. today in the area of Route 63 and Batavia-Stafford Townline Road, Batavia. The suspect reportedly broke the door to gain entrance to the house. He then reportedly drove from the scene. Hare was  found by Sgt. Thomas Sanfratello a short distance from the house where his car had driven off the road. He was issued an appearance ticket.

Jeffrey L. Upchurch, 46, of Butler Drive, Bristol, Tenn., is charged with DWI, driving with a BAC of .18 or greater, and unsafe lane change. Upchurch was arrested following a report of a truck driver and a companion leaving Red Osier on Route 5 in Stafford at 7 p.m., Friday, after being refused service. Upchurch reportedly got into a semi-truck that didn't have a trailer. His truck reportedly hit a tree as he pulled from the parking lot. Upchurch was reportedly found driving his truck on Route 5 just west of the city line by Deputy Matt Butler. Upchurch was jailed on $2,000 bail. (Initial Report)

Jon D. Smith, 28, and Sylvia L. Smith, 25, of 5 Prune St., Batavia, are charged with endangering the welfare of a child. The Smiths were allegedly found on Thursday by officer Kevin DeFelice to be keeping their children living in substandard conditions.

Philip R. Ayala, 25, of 732 W. Bridges Ave., Auburndare, Fla., is charged with unlawful possession of marijuana. Ayala was charged following a traffic stop on Bank Street on Thursday by Office Marc Lawrence.

Carrie L. Jackson, 32, of 3 Tracy Ave., Batavia, is charged with aggravated harassment, 2nd. Jackson is accused of sending threatening text messages to a male acquaintance.

Frankie Lee Brumsted, 19, of South Main Street, Batavia, is charged with unlawful dealing with a child. Brumsted is accused of hosting an underage drinking party at a residence on Batavia-Bethany Townline Road.

Michael S. Colombo, 30, of Batavia, is charged with unlawful possession of marijuana. Colombo was stopped by State Police at 8:26 p.m., Saturday, on Route 33 in Stafford.

Eric J. Flowers, 25, of Batavia, is charged with petit larceny and criminal possession of a controlled substance, 7th. Flowers was arrested by State Police at 4:13 p.m., Thursday. No further details provided.

November 27, 2010 - 11:22pm
posted by Howard B. Owens in batavia, crime, alexander.

An Alexander couple were arrested today for allegedly engaging in a sex act in a public place.

The pair was reported to the Sheriff's Office by security personnel with a business on Veteran's Memorial Drive after they were allegedly witnessed engaged in sexual activity at 4:11 p.m.

Charged with public lewdness were Kelly Anne Brown, 34, and Karl James Hulshoff, 34, both of Broadway Road in Alexander.

Brown and Hulshoff were allegedly engaged in a sex act in a parked car in the vicinity of 4180 Veterans Memorial Drive.

They were arrested by Deputy James Diehl and released on an appearance ticket.

November 27, 2010 - 12:55pm
posted by Howard B. Owens in crime, elba.

mug_roberto_aguilar.jpgA 25-year-old Elba man is being charged with sexual abuse in the first degree following his arrest for allegedly having sexual contact with a child under 11 years old.

Rigoberto Aguilar, of Oak Orchard Road, was jailed on $25,000 bail.

Aguilar was taken into custody following a 9-1-1 call at 3 a.m., Friday.

November 26, 2010 - 1:42pm
posted by Howard B. Owens in batavia, crime, Darien, corfu.

James Lamar Poole, 46, of Fargo Road, Darien, is charged with DWI, unlawful possession of marijuana, unlicensed driver, driving left of pavement markings and consumption of alcohol in a motor vehicle on a highway. Poole was stopped at 1:46 a.m., Thursday, in Allegheny Road, Corfu, by Deputy Kevin McCarthy. Poole was jailed on $10,000 bail.

Gregory Scott Snyder, 42, of West Main Street, Batavia, is charged with criminal contempt, 2nd. Snyder allegedly twice went to the residence of a protected person in violation of a court's stay-away order.

November 24, 2010 - 6:25pm
posted by Howard B. Owens in batavia, crime, Suzanne Corona, Farrall Park.

suzanne_corona_nov24.jpg

Suzanne Corona -- the 41-year-old Batavia woman who admitted to sexual contact with an Oakfield man in Farrall Park over the summer -- was sentenced this afternoon to one year probation by City Court Judge Michael Delplato.

Her attorney, Brian Degnan, asked a conditional discharge -- meaning the charges would be dropped if Corona complied with certain requirements over a six-month period -- but Delplato said he thought the Probation's Department recommendation for probation was best for Corona.

Corona will need to continue in substance-abuse counseling, which she already started voluntarily, and stay out of trouble.

She previously pled guilty to public lewdness, a misdemeanor, and an adultery charge against her was dropped.

Outside of the courtroom, Corona was she was glad to put the embarrassing case behind her.

"I'm glad it's over," Corona said. "It was a long time coming. I'm glad. My family's glad."

Then she told the handful of reporters gathered outside the courthouse, "Hopefully there will be another scandalous behavior in Batavia to keep you all busy."

The reporters laughed and WHAM-13's Sean Carroll said, "One that doesn't involve you, right?"

"No, it won't involve me," Corona said.

Corona told Delplato prior to her sentencing that she's been going to private counseling three times a week and a group session once a week.

One reason Delplato decided upon probation, he said, was because she had a prior arrest in another state and she never went to court on the matter. There is an arrest warrant, he said, for her in that jurisdiction.

"It's my responsibility to fashion a sentence that addresses the needs you have," Delplato said. "That's why I'm sentencing you to a year in probation.

Delplato also ordered Corona not to have any contact with her co-defendant, 29-year-old Justin Amend.

Amend is currently a fugitive from justice. A warrant was issued for his arrest earlier this month after he failed to appear for his sentencing on a public lewdness conviction.

November 24, 2010 - 8:18am
posted by Howard B. Owens in batavia, crime, Oakfield.

Meagan Victoria Finzer, 21, of Clarendon Street, Albion, is charged with petit larceny. Finzer was allegedly confronted by loss prevention officers at Kmart shortly after 6 p.m., Tuesday, and she reportedly did not cooperate, and instead got into her car and drove off. A description of the vehicle, with license plate, was provided to local law enforcement and her car was stopped a short time later on West Main Street by Batavia Police. Following further investigation, she was taken into custody by a Sheriff's Deputy.

Michael John Coffta, 18, of West Main Street Road, Batavia, is charged with petit larceny. Coffta is accused of shoplifting from Kmart.

Joshua A. Kitanik, 22, of Oakfield, is charged with trespass. Kitanik was arrested at 4:48 p.m., Monday, by State Police on the Tonawanda Indian Reservation. No further details released.

November 23, 2010 - 4:38pm
posted by Howard B. Owens in batavia, crime, Oakfield, Alabama, corfu.

David Wayne King, 53, of Batavia-Oakfield Townline Road, Oakfield, is charged with petit larceny. King is accused of shoplifting cigarettes from Jan's Smoke Shop on the Tonawanda Indian Reservation.

Andrew R. Osborne, 18, of Drake Street, Oakfield, is charged with endangering the welfare of a child. Osborne is accused of sending inappropriate pictures to a female victim.

Joshua Charles Brownell, 19, of South Pearl Street, Oakfield, is charged with stalking, 4th, and harassment, 2nd. Brownell is accused of blocking a road with his vehicle and then exiting his vehicle and threatening another person.

Patrick Raymond Krieger, 20, of Genesee Street Road, Corfu, is charged with unlawful possession of marijuana. Krieger was approached at Kmart by Deputy Brian Thompson regarding alleged illegal tinting of his windows. During the interview, Thompson allegedly found Krieger to be in possession of marijuana.

Thomas William Glass, 37, of Steven Drive, Cheektowaga, is charged with unlawful possession of marijuana. Deputy Brian Thompson stopped Glass in the Village of Corfu for an alleged traffic violation at 1:40 p.m., Tuesday. During the traffic stop, K-9 "Jay" alerted on the vehicle.

Douglas James Karek, 50, of Geary Street, Buffalo, was picked up on a warrant out of Erie County Family Court. Karek was identified during a traffic stop on Route 33 in Corfu (Karek was reportedly a passenger in the vehicle driven by Glass above).

November 22, 2010 - 2:41pm
posted by Howard B. Owens in batavia, crime, Oakfield.

A Batavia man who admitted to attempted robbery for trying to steal oxycodone from the Oakfield Pharmacy will spend one-and-a-half to three years in prison.

He must also receive substance-abuse counseling.

Cain Catino, 39, was sentenced in Genesee County Court today for the Sept. 20 attempted robbery, which was thwarted when the store owners wrestled Catino to the ground. It was revealed in court later that Catino had a knife on him at the time.

Last month, his mother, Kathleen Catino, 60, admitted she tried to smuggle oxycodone into her son at the Genesee County Jail. She is scheduled to be sentenced in January.

November 22, 2010 - 12:56pm
posted by Howard B. Owens in batavia, crime, alexander, pembroke, Pavilion, Stafford, corfu.

Justin J. Wheeler, 37, of Attica, is charged with driving with ability impaired by drugs and failure to keep right. Wheeler is accused of being involved in an alleged hit-and-run accident on South Main Street, Batavia, and was subsequently stopped on Route 98, Town of Alexander, for allegedly operating erratically. (initial report)

Thomas Anthony Sobczak, 45, of West Main Street, Corfu, is charged with criminal possession of a controlled substance and unlawful possession of marijuana. Sobczak was stopped on an unidentified road in Batavia at 2:45 p.m., Nov. 15, for allegedly following too closely behind a semi-trailer by Deputy Brian Thompson. Thompson reported allegedly finding marijuana and codeine in Sobczak's possession.

Jeffrey M. Kohorst, 22, of 6105 Main Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater and speeding. Kohorst was stopped at 9:51 p.m., Saturday, in the City of Batavia by Officer Kevin DeFelice.

Michael Todd Dibble, 19, of Indian Falls Road, Corfu, is charged with unlawful possession of marijuana. Dibble was stopped at 11:35 p.m., Saturday, on Route 5, Town of Batavia, for an alleged traffic violation by Deputy Kevin McCarthy.

A 16-year-old of Pratt Road, Batavia, is charged with unlawful possession of marijuana. The youth was charged following a traffic stop on Angling Road, Pembroke, by Deputy Brian Thompson. A 16-year-old passenger in the car was also charged with unlawful possession of marijuana. The 17-year-old driver was charged with unlawful possession of marijuana, reckless driving and speeding (90 mph in a 55 mph zone). The reckless driving drive stems from an alleged attempt to elude law enforcement with four passengers in the car.

Gary David Doctor, 28, of East Main Street, Corfu, is charged with unlawful possession of marijuana and unsafe tires. Doctor was stopped on Route 33, Pembroke by Deputy Brian Thompson.

Dylan James Hawkins, 18, of Hilltop Acres, Morrow Road, Pavilion, is charged with unlawful possession of marijuana. Hawkins was reportedly a passenger in a vehicle stopped on East Avenue by Deputy Brian Thompson. The 17-year-old driver, of Bryant Street, Batavia, was also charged with unlawful possession of marijuana.

Teriance M. Schramm, 20, of Edwards Street, Batavia, is charged with criminal possession of a weapon and unlawful possession of marijuana. Schramm was allegedly seen on Nov. 15 walking down Ross Street with nunchaku ("nunchucks") in his pocket. He was questioned by Deputy Matt Butler and also found to allegedly possess marijuana.

Summer Ogden, 34, of Batavia, is charged with criminal contempt and disobeying a court order. Ogden was arrested by State Police at 8:32 a.m., Saturday. No further details released.

November 20, 2010 - 5:37pm
posted by Howard B. Owens in batavia, crime, accident.

Attica PD has been notified of a suspected hit-and-run driver heading South on Route 98 after allegedly hitting a parked car at 7 South Main St., Batavia.

The suspect truck is a red 2004 Ford F-150.

A Batavia Police officer said the same vehicle was suspected of erratic operation yesterday.

UPDATE 5:42 p.m.: Attica PD has the vehicle stopped in Attica.

UPDATE 5:46 p.m.: A Sheriff's Deputy is on his way to Attica to get the suspect.


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November 20, 2010 - 12:13pm
posted by Howard B. Owens in crime, Le Roy.

A Town of Le Roy employee working at the transfer station on Circular Hill Road is being accused of taking money from people bringing in garbage and keeping the cash for herself.

Arrested was 52-year-old Dawn Joy Mancuso, of York Road, Le Roy. She is charged with petit larceny and official misconduct.

After receiving numerous complaints about Mancuso taking money, Deputy Ron Meides, dressed in civilian clothes, began a process of dumping garbage at the transfer facility and getting his dump card punched. On the last week, when Meides was low on available punches on his dump card, Meides said Mancuso allegedly took $10 from him and never turned the cash over to the Town of Le Roy.

Meides alleges in his report that Mancuso has been regularly taking cash from transfer station patrons who did not have enough punches on their cards to drop off garbage.

Mancuso allegedly never turned any of this money over to the town.

November 19, 2010 - 1:22pm
posted by Howard B. Owens in batavia, crime, Le Roy.

Michael Richard Mack, 24, of 72 Main St., Le Roy, is charged with two counts of menacing, 2nd, criminal possession of a weapon, 4th, and criminal mischief, 4th. Mack was arrested by Le Roy Police Officer Kyle Slocum following the report of a disturbance at Mack's residence. Mack is accused of twice threatening a guest at his apartment and damaging the victim's mobile phone. Mack was arraigned and released under supervision of Genesee Justice.

David James Dole, 28, of 610 Kennedy Road, Cheektowaga, is charged with criminal possession of stolen property. Dole is accused of attempting to use a stolen credit card at two retail locations on Veterans Memorial Drive.

November 18, 2010 - 11:35pm
posted by Howard B. Owens in batavia, crime, scott doll.

At least one of the six jurors who found Scott Doll not guilty of promoting prison contraband earlier this week is pretty certain Doll did, in fact, transport a balloon of crushed aspirin into the Genesee County Jail.

The proof, however, just wasn't there, she said.

Doll was accused of bringing the aspirin into the jail in violation of law following his conviction of murder for killing Pembroke resident Joseph Benaquist. 

Corrections officers testified to finding Doll in a holding cell on May 20 covered in white powder, with white powder on a sink, the floor and the bed, along with a green balloon sitting on the bed.

The juror -- whom we agreed to identify only as Juror #2 -- called The Batavian today because she was bothered by a statement from Sheriff Gary Maha about the verdict.

"Who knows, maybe they felt sorry for him because he's been convicted of murder and they thought, 'what's this silly little charge?'" Maha told The Batavian.

Nothing could be further from the truth, said Juror #2.

While the juror said she agrees with Maha that it makes no sense to believe anybody with the jail staff gave Doll the aspirin, she just didn't feel the case was made that Doll had the aspirin on his body when he entered the jail.

How it got there, she doesn't know, and Doll is the most likely culprit, but she just couldn't vote to convict him on the available evidence.

"We’re not saying there isn’t anybody who didn’t do their job," the juror said. "We’re not saying that at all. There was just no proof that he brought it in."

She said she was bothered by the fact that the prosecution did not offer the balloon into evidence, that there was no DNA evidence that might show Doll "stuck the balloon up his bum" or no photos were shown to put in perspective how much white powder was found in the jail cell.

The description of the amount of white powder found in the cell, Juror #2 said, left the impression that the amount of aspirin must have made the balloon "the size of a baseball."

She just didn't see how Doll could have hidden a balloon that size on his body and have it go undiscovered through three pat down searches.

The first vote, by secret written ballot, was 5-1 for acquittal. The one juror who favored guilty then asked the other jurors to explain their reasoning. After a short discussion, another vote was taken and "not guilty" was the unanimous decision.

Juror #2 said as far as she's concerned, it never crossed anybody's mine to let Doll off out of some sort of sympathy or that the case seemed too trival to bother with compared to his murder conviction.

"We took the case very serious," she said.

She also admitted that when she was first seated on the jury, she was sure Doll was guilty.

"You just don’t know," she said. "Things totally change when you are sitting in the jury box and you’re listening to all the evidence and you’re listen to all that testimony and you’re like, ‘wait a minute, I didn’t think of that.’"

November 18, 2010 - 10:48pm
posted by Howard B. Owens in batavia, crime, Le Roy, Chris Charvella, Jay Grasso.

Sure there's a free speech consideration, District Attorney Lawrence Friedman said when discussing the arrest of local Democrat activist Chris Charvella on a charge of aggravated harassment, 2nd.

But the statute he's charged under has nothing to do with the content of the phone message Charvella left for Republican Legislator Jay Grasso.

lawrence_friedman.jpgThe statute is about making a phone call "for no legitimate purpose other than to harass or annoy," Friedman said.

The content of the message matters only in helping to establish intent, and intent is a matter, ultimately, only a judge or jury can decide.

"That's always true," Friedman said.

Critics of Charvella's arrest have expressed concern that the 30-year-old Batavia resident won't get a fair hearing in Genesee County because of his political affiliation.

Friedman, a Republican, said politics plays no part of it.

"I've been in this job 29 years and I challenge anyone to say politics has played a part in my decision making," Friedman said.

The case is being handled by one of Friedman's five assistant attorneys, and as is often the case, he said he isn't personally involved. Friedman said how the case is handled is entirely up to Assistant District Attorney Kevin Finnell.

Because of the jurisdiction of the case -- a town court, where ADAs handle the caseload -- and the nature of the charges, it's a case that he does not routinely follow.

"I don’t intend to get personally involved in this case, so my political affiliation is irrelevant," Friedman said. "My political affiliation is always irrelevant. I don’t look at anybody’s politics when I get involved in a case, neither the victims nor the defendants nor the witnesses nor anybody else."

He added, "I don't get involved just because a case is in the media."

Friedman said he hasn't read the case file and only knows about Charvella's arrest from what he's read in media reports. 

For previous coverage of Charvella's arrest for allegedly harassing Grasso, click here.

Photo: File photo.

November 17, 2010 - 11:26pm
posted by Howard B. Owens in crime, Le Roy.

mug_gregory_jones.jpgLe Roy Police have arrested a 31-year-old village resident suspected of child sexual abuse.

Gregory A. Jones, of 34 Main St., Apt. #1, Le Roy, is charged with two counts of predatory sexual assault against a child, a class A-II felony.

The alleged victim is under 13 years old.

Included in the predatory sexual assault charge are accusations of a criminal sexual act, 1st, formerly known as sodomy, and coarse sexual conduct against a child, 1st.

The alleged crimes occurred over an 11-month period at his residence on Main Street.

The investigation was conducted by Det. John Condidorio and the Department of Social Services.

Jones was jailed without bail.

Assisting in the case were the Genesee County Advocacy Center, the District Attorney’s Office and the New York State Police Computer Forensic Unit.

November 17, 2010 - 4:51pm
posted by Howard B. Owens in batavia, crime, scott doll.

While the acquittal of Scott Doll on a promoting prison contraband charge is surprising, said Sheriff Gary Maha, he remains confident that it was Doll who brought a balloon filled with aspirin into the Genesee County Jail on May 20.

"You never know what goes on in a jury's mind," said Maha. "Who knows, maybe they felt sorry for him because he's been convicted of murder and they thought, 'what's this silly little charge?'"

mug_gary_maha.jpgThe implication of the defense was that a member of the Sheriff's staff provided Doll with the powdered aspirin. It's a notion that Maha rejects, saying that all of the officers who came into contact with Doll the day he was convicted of killing Joseph Benaquist are professionals who know the regulations.

"We might have to look at the particulars and do some review," Maha said. "We might need to remind our guys to do a more thorough search of incoming inmates."

The initial report released by the Sheriff's Office said that Doll had the green balloon of white powder concealed on his body. But the only evidence introduced at trial was that the first time anybody saw a balloon was when it was sitting on a holding cell bed and Doll was already covered in white powder with more on the floor and the sink.

Maha said he was told from the beginning that the balloon was found on Scott Doll. He said he would ask his investigators about the discrepancy.

He doesn't believe, however, that any policies or procedures need to be changed. The fact that Doll wasn't convicted is more a matter, he indicted, that defense attorney Dan Killelea did a good job of creating reasonable doubt.

Maha agreed with Assistant District Attorney Robert Zickl's closing argument that if any department official was going to give Doll aspirin, why crush it up first? Why not just hand him a bunch of tablets?

"There's no possible way one of our guys gave it to him," Maha said. "That's totally ridiculous. I think he (Killelea) probably wanted to create doubt.

"As far as I know," Maha added, "we did everything right. It should have been a slam-dunk."

Inset photo: File photo of Sheriff Gary Maha.

November 16, 2010 - 4:42pm
posted by Howard B. Owens in batavia, crime, scott doll.

A jury of six Batavia residents took only about five minutes to reach a not guilty verdict in the promoting prison contraband trial of Scott F. Doll.

Assistant District Attorney Robert Zickl had little to say after the trial.

mug_scott_doll.jpg"I guess I don’t have a reaction," Zickl said. "This is divided up. Everybody has different jobs to do. They have their job, I have mine. Everybody does their job and this is where we wind up."

Doll's attorney, Dan Killelea, said Scott insisted from the beginning that he was not guilty.

"I think his faith in the jury system was very shaken by his conviction in the murder trial," said Killelea, who helped defend Doll in May against charges that he killed retired corrections officer Joseph Benaquist.

"I’m hoping, I’m really hoping, this restores some of his faith in the system, because it’s a system I believe in. I think it’s the best system we have, though it’s not perfect."

He also praised Zickl for putting on a thorough case and presenting a strong closing argument.

"Bob Zickl did, I believe, a tremendous job," Killelea said. "I thought his closing argument was outstanding. He had me worried. He gave the jurors a lot to work with if they were going to go that way. I hope I was able to point out some holes in the case and I’m hoping that’s what they hung their hat on."

As for the implication that a specific corrections officer supplied the aspirin to Doll, Killelea said it wasn't his intention to draw a bead on a specific individual.

"I think in light of the circumstantial nature of the prosecution’s case, I don’t think the facts led to only one conclusion -- that he was guilty -- and I’m hopeful the jury agreed with me and found reasonable doubt in other legitimate conclusions that could have been reached," Killelea said.

Doll, dressed in a prison-supplied pair of tan slacks and white shirt, showed no apparent reaction to the verdict.

Today's coverage:

November 16, 2010 - 4:11pm
posted by Howard B. Owens in batavia, crime, scott doll.

In closing arguments in the Scott Doll prison contraband case, the key question attorneys for both sides wrangled over is who brought powdered aspirin into the Genesee County Jail.

Defense Attorney Dan Killelea made the suggestion that the aspirin was given to Doll by a corrections officer at the jail.

Repeating a phrase Doll reportedly used when speaking "officer to officer" with Corrections Officer Vincent Maurer about his state of mind after trying to ingest the aspirin, Doll reportedly said to Maurer, "an officer gave it to me."

After the aspirin was discovered by Maurer, Killelea suggested, jail officials had no choice but to prosecute him for promoting prison contraband.

"Who’s going to step up (and say) they just gave aspirin to a guy just was convicted of murder?" Killelea said. "Who is going to fess up to showing some humanity, some professional courtesy?"

Assistant District Attorney Robert Zickl said that suggestion made no sense and wasn't supported by the evidence.

This is not "Law and Order Batavia," Zickl said, adding that conspiracy theories belong on TV, where they’re entertaining, but they’re not reality. Zickl said this case is reality.

"If you are a senior corrections officer are you going to risk your career by giving the defendant aspirin ground up in a balloon?" Zickl said. "If you did that, why would you say you've got to go upstairs to check on something and let somebody else watch the defendant? Why wouldn’t you stay there and watch him ingest it?"

Zickl argued that if a corrections officer wanted to give Doll aspirin, why grind it up, why not just give him a few tablets?

The evidence -- the balloon, the white powder all over the jail cell and on Doll's face -- is more consistent with the behavior of an intoxicated, despondent person who carried the alleged contraband into the jail himself.

Killelea questioned why the balloon wasn't introduced as evidence, why it wasn't tested for fingerprints or DNA. He argued that to produce the amount of white powder observed by officers, a pretty large balloon would be needed, and a balloon that size would be difficult to hide through three pat down searches.

There is no evidence, Zickl argued, that the balloon was giant. He said 20 ground-up pills could produce a good deal of powder and easily be concealed by an experienced former corrections officer who would know how to hide something not easily found in a standard pat down search.

After arguments, with the jury out of the courtroom, Killelea objected to Zickl's closing argument, saying that Zickl repeatedly made reference to the aspirin being in the balloon at one time. He said no evidence was introduced to prove the balloon ever contained aspirin, or that there even was a balloon.

Judge Robert Balbick is just completing instructions to the jurors, who will begin deliberations shortly.

November 16, 2010 - 11:55am
posted by Howard B. Owens in batavia, crime, scott doll.

There's no proof that Scott Doll carried a green balloon into the Genesee County Jail on May 20.

mug_scott_doll.jpgThat's the assertion made by defense attorney Dan Killelea in an opening statement this morning in Doll's trial for allegedly introducing contraband into jail following his murder conviction.

Doll was allegedly found in a holding cell about to drink from a cup with a mixture of water and a white powdery substance.

Sgt. Greg Walker transported Doll from the courthouse, and then came back to the jail to investigate the alleged incident in the holding cell. He testified that when he looked into the holding cell, there was a white powdery substance trailing from the sink, to the floor and onto the bed.

The green balloon was laying empty on the bed.

It turned out that the white powder was aspirin.

Walker testified that he did a brief pat down search of Doll in the holding cell at the Genesee County Courthouse and found only a couple of coins in Doll's pocket, which he allowed him to keep.

The sargeant testified that Deputy Vincent Maurer also conducted a search of Doll upon his arrival at the jail.

At that time, Maurer felt something unusual along Doll's pant leg and took Doll into a holding cell for a more thorough search. Nothing was found.

Walker also testified that he arrived at the courthouse as the same time Doll was dropped off at the front door and held the door for him to enter the building.

Doll appeared intoxicated, Walker said. He could smell alcohol on his breath and he was staggering and swaying a bit.

UPDATE 12:16 p.m.: Maurer testifies that Doll told him an "officer" gave him the white powder and he didn't know what it was.

"I told him it was my birthday and I didn’t want to see him hurt himself on my birthday and have that be my memory," Maurer said. "He said it was nothing against me. I'm trying to take the edge off -- some officer gave it to me."

Maurer added that Doll said, "You don’t know what I’m going through. I’ve lost my family. I’ve lost 25 years of my career. I’ve lost everything. Officer to officer."

When Doll arrived, prior to the alleged white powder incident, Maurer observed that Doll appeared despondent and intoxicated. He recommended Doll be placed under constant supervision, but that constant supervision -- which involves an officer sitting outside his cell and logging everything he does -- would not begin until after he was fully processed.

Maurer said a document that says he should be on constant watch while in the holding cell is a typo, that he should have gone on constant watch after processing was completed.

Maurer also testified that nobody was in the holding cell prior to Doll entering and that he didn't see a balloon or white powder in the room.

As for the pat search when Doll first arrived, Maurer said when patting his pant leg, "I felt something funny" and asked him to go into a holding cell for a more thorough search. Doll was asked to drop his pants and nothing unusual was found. At that point, he said he thought that maybe he only felt the seam of Doll's pants previously.

UPDATE 12:52 p.m.: Batavia City Court Judge Robert Balbick rules that Assistant District Attorney Robert Zickl could have asked his question during his initial direct examination, after Wolf had been qualified as an expert witness. Since that didn't happen, Killelea's objection is sustained.

UPDATE 12:56 p.m.: Lunch break. Prosecution will rest after lunch. The defense will not call any witnesses.

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