BATAVIA, NY -- Joseph Benaquist's dying words, according to Scott Doll's attorney, were, "The boy. The boy."

Doll is accused of murdering Benaquist -- beating him to death and leaving his body in a pool of blood in his own driveway in Pembroke on Feb. 16, 2009.

But Paul Cambria, Doll's attorney, said this morning in opening arguments of Doll's murder trial that it wasn't Doll who killed Benaquist.

But if not Doll, then, who? 

Cambria said it crossed the mind of Scott Doll within minutes of hearing Benaquist utter, "The Boy. The Boy" just before he died in Doll's arms, that it was his own son, Joshua Doll.

Joshua Doll was the one who was supposed to meet Benaquist earlier that night and drive with him to the car auction in Adesa, and Joshua Doll who regularly dealt with Benaquist on auto transactions.

Scott Doll only went to Benaquist's home after the former corrections officer failed to show for an appointment at the Adesa auction. He arrived while his longtime business partner and friend was struggling for his life, Cambria said.

There was blood everywhere -- on the ground and splattered and smeared on nearby cars, and Doll was shocked at what he found and what he heard, Cambria said.

"Mr. Benaquist weighed 220 pounds," Cambria said. "The evidence will show he struggled and fought for his life. Yet, there's not one injury on my client, because he did not have a fight with Mr. Benaquist."

Equally adamant on the other side that Scott Doll is the murderer is District Attorney Lawrence Friedman.

"When this trial is over," Friedman said, "when you connect the dots you will find beyond a reasonable doubt that this defendant is responsible for the murder of Joseph Benaquist and is guilty as charged of murder in the second degree."

Friedman opened his statement by outlining the facts of the case -- that Benaquist was found dead in a pool of his own blood, the victim of multiple blows to the head, outside his Pembroke home on a cold Monday night. That Doll was found returning to the scene with his clothes and face covered in the victim's blood, and that the van Doll was driving had blood on the outside and the interior.

Friedman also said that during the course of the trial he will present evidence related to auto transactions that went wrong and that Doll was having increasing financial trouble.

While the prosecution is not required to provide proof of a motive for the murder of Benaquist, Friedman said the evidence will show that Doll and Benaquist were in conflict over some auto deals.

Doll and Benaquist cooperated in a used car business that was licensed to Doll. Benaquist also apparently used Doll's registration at the Adesa auto auction house to purchase vehicles for his own use.

Besides suggesting that Josh Doll may have killed Benaquist, Cambria also noted that despite extensive efforts by local law enforcement to find a murder weapon, none was ever located.

He suggested that if juror's apply common sense, they will conclude that Doll had no opportunity to dispose of the murder weapon.

He also said that any statements Doll made where intended to just buy him time, while he tried to figure out where his son was and whether he was involved. Doll's repeated requests to consult with an attorney were "ignored," according to Cambria, and also intended to buy time to find out if his son was involved.

He called the Sheriff's Office arrest of Doll a "rush to judgment."

The first witness called was James Waff, a second assistant chief in the Pembroke Fire Department. Waff first called emergency dispatch after spotting a suspicious person at the gas station on the corner of Main Road and Lake Road in Pembroke. Waff was returning from the Fire Hall at the time.

He described seeing Doll in a winter camouflage jumpsuit with his face covered with a firefighter's hood -- Doll was also a volunteer firefighter -- and then going to a friend's house nearby to see if he had also seen the person at the gas station.

When they returned, Doll was walking on Lake Road and they observed him until deputies arrived to question him.

The Batavian will have additional coverage of today's proceedings late in the afternoon.

While the crime rate in New York went down from 2000 to 2009, both for violent and for property crime, in Genesee County, the crime data is more of a mixed bag.

In Genesee County, from 2000 to 2009, the crime rate dropped 8.4 percent, with 1,634 crimes reported in 2000 and 1,496 reported in 2009.

But violent crime increased during the same period, going from 85 violent crimes in 2000 to 92 in 2009, an 8.2-percent increase. All of the increase is in the category of rape, which jumped from 9 reported rapes in 2000 to 17 in 2009.

Property crimes dropped from 1,549 reported crimes in 2000 to 1,404 in 2009, a 9.4-percent decrease. Motor vehicle thefts saw the biggest drop, going from 51 to 37, a 27.5-percent drop.

From 2008 to 2009, crime in Genesee County increased 3.7 percent, with total reported crimes increasing from 1,443 to 1,496. 

Violent crime, year-over-year, however, was down 18.6 percent, with 92 reported crimes in 2009 compared to 113 in 2008.

Property crime in Genesee County rose 5.6 percent last year, over the 1,330 crimes reported in 2008.

Statewide, from 2000 to 2009, violent crime dropped 30 percent and property crime fell 24 percent.

When a man and a woman entered a restroom together at a West Main Street Restaurant about 9:30 p.m., Thursday, it made employees suspicious, so they asked the couple to leave.

They refused.

Batavia Police were called.

When police arrived, they found the couple locked in a stall together.

After being taken out the stall, they were interviewed by police and found in alleged possession of hypodermic instruments and drugs.

Arrested where Jason R. Anderson, 28, 6742 Oak Orchard Road, Elba, and Sophie A. Jeschke, 20, of 10203 Goodman Road, Alexander.

Anderson was charged with trespass, possession of a hypodermic instrument, two counts of criminal possession of a controlled substance and possession of a controlled substance not in its original container.

Jeschke was charged with trespass, possession of a hypodermic instrument and criminal possession of a controlled instrument.

They were jailed on $1,000 bail each.

A Livingston County man who thought he met a 15-year-old boy in an online chat room and agreed to meet him in Batavia for sexual activity was convicted in a Federal Court today of online enticement of a minor, receipt of child porn and possession of child porn.

Dalton Wilke, 45, of Conesus, was arrested in Batavia in August, 2008 based in a large part on the work of Police Det. Todd Crossett. Crossett had posed as the 15-year-old boy in the online chat room.

Crossett said today that he was notified that Wilke was convicted of all counts and taken into custody. He will be sentenced at a later date.

Wilke faces a minimum of 10 years in prison, with a life sentence possible. Each count is also punishable by a fine of up to $250,000 each.

Assistant U.S. Attorneys Craig R. Gestring and Marisa J. Miller who tried the case, stated that the defendant engaged in a series of sexually explicit online chats with a person he believed to be a 15 year old boy.

Over a period of 5 months, Wilke repeatedly attempted to induce, persuade, and entice the child to meet for sex. A meeting was finally arranged in August of 2008 at a park in Batavia.

When Wilke arrived at the park he was met not by a 15-year-old boy, but by FBI agents and Batavia Police officers.

Following his arrest, FBI Agents seized the defendant's computers from his home in Consesus.

A forensic analysis of these computers, performed at the Regional Computer Forensic Lab, linked them to the online enticement, and also recovered a 48 minute long video depicting two young boys engaged in sexually explicit conduct.

In addition to finding the defendant guilty on all counts, the jury also determined that the 2004 GMC Sierra pickup truck which the defendant drove to the meeting location was subject to forfeiture.

Sentencing is scheduled for August 6, 2010, in Rochester

A year ago, Crossett was recognized by the National Center for Missing and Exploited Children for his work on the case.

A caller reports a house struck by lightning at 7914 North Pembroke Road, but no smoke or flames.

A first responder reports nothing showing but a hint of smoke in the air. He's requesting a thermal camera.

East Pembroke Fire is responding.

View Larger Map

A morning that started off with the hope of  finishing jury selection for the Scott Doll murder trial didn't quite work out that way.

Only one alternate was selected in the morning, with the prospective jury review process to resume at 2 p.m.

Court observers are uncertain whether opening arguments will, in fact, begin today, or more likely now, the trial will begin Thursday.

UPDATE 4:39 p.m.: Jury selection is complete. Opening arguments are scheduled for 9:30 a.m., Thursday.

All five Batavia City schools are taking learning to a new level using the "bells and whistles" of the modern classroom.

Last night, elementary, middle and high school students got to show their parents -- and others -- what kind of work they've been doing at the district's "Technology Exposition" at Jackson Elementary School:

Joe Rebisz' fifth-grade class at Jackson has been discussing Gary Paulsen's book "Hatchet" using Moodle, an online discussion tool. Each student takes a turn asking a question, and then the class tries to answer it based on the details of the story.

Four students from Andy Reagan's fifth-grade class at John Kennedy man the computers in the Jackson Media Center, each talking about a different internet-based program/resource that all John Kennedy fifth-graders are using.

Examples include:

• "Class Blogmeister"-- Every fifth-grader has a personal blog -- linked to the classroom blog -- where they can keep journals, complete writing assignments and interact with their teachers and classmates (by commenting on postings, etc). All postings are reviewed and approved by the teachers before being published. 
• "Famous Americans Wiki"-- Each student chooses a famous American to research for the fifth-grade Exit Project. They set up their own wiki pages and add pictures, written information, links to other resources and, last but not least, audio interviews in which one student asks questions and another plays the role of the famous person being interviewed.
• "Fish4Info"-- The kids use this interactive site to look for books, review books they've already read, and to see which books their classmates are recommending.

For more information on what the John Kennedy students are up to technology-wise, have a look at this brief article.

Alicia Scroger and Anand Patel are both in Jen Sloan's fourth-grade class at Robert Morris. Sloan's class has been working closely with Sean Krauss' (pictured below, left) 11th-graders at Batavia High on learning to communicate through technology.

Sloan's students submit written work to Krauss' students via an online blog, and then the high-schoolers proofread and offer editorial suggestions.

The following video shows the "Math Review Games on the Promethean" and "Programming and Designing with Technology" exhibits, representing Batavia Middle School and Batavia High, respectively (Bob Mullen was the BHS faculty advisor).

Vist the Batavia City School District website for more info.

Tellesa Levon Evans, 19, of Rochester, is charged with petit larceny. Evans is accused of stealing candy from the Arrow Mart store on Clinton Street. He was located by deputies a short distance from the store, walking back toward College Village.

Corina M. Gallo, 19, of Batavia, is charged with possession of a controlled substance for sale and criminal possession of a controlled substance. Gallo was arrested by State Police at 10:25 p.m., Monday. No further information was released.

Accidents from the State Police blotter:

5:40 p.m., May 3, Exit 47, Thruway, Town of Batavia, one vehicle: Driver 1: Wade M. Blood, 53, of Lockport. No injuries reported.

BATAVIA, NY -- With the primary panel of 12 jurors and only the alternatives to pick this morning, District Attorney Lawrence Friedman expects opening arguments in the Scott Doll murder trial to be heard as early as this afternoon.

Friedman said there is even a chance the first testimony could begin before the end of the day.

Doll, of Corfu, is accused of killing his business partner, Pembroke resident Joseph Benaquist.

Today, attorneys and Judge Robert Noonan will interview more prospective jurors in search for the right three to six alternates.

Alternate jurors are required to attend the entire trial and pay attention just as if they were one of the 12 jurors in the case. Alternates are necessary in case one of the regular jurors is unable to complete the trial.

A Batavia man pulling a boat on a trailer through Morristown was involved in an accident that sent the other driver to the hospital with a minor injury.

Douglas C. Houseknecht, 35, of 3472 South Main St., stopped at an intersection in Morristown, according to a report on NorthCountryNow.com, and then proceeded while another car was about to enter the intersection.

A car driven by Joy M. Buckingham, 29, of 178 Clinton St., Gouverneur, struck Houseknecht's trailer and boat.

Buckingham needed to be extricated from her car and was taken by ambulance to an area hospital for treatment of pain in her arm and hip.

Houseknecht was cited for allegedly failing to yield the right-of-way. Buckingham was cited for allegedly driving with a suspended registration.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Mother's Day is just around the corner! We have a $20 gift certificate for $9.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Two women are reported fighting inside the McDonald's on Main Street in Le Roy.

Law enforcement is responding.

UPDATE 9:22 p.m.: Le Roy Police on scene with situation under control. The Sheriff's deputies responding told to disregard.

Uncooperative witnesses and a victim who doesn't want to press charges means there will likely be no arrests stemming from a fight at the downtown carnival Saturday night, according to Sgt. John Peck of the Batavia Police Department.

The 19-year-old victim is a GCC student from Utica.

When police arrived on scene at 9:59 p.m., there was a group of 10 or 12 people piled onto the victim, who was having a seizure, Peck said. Some of the people involved in the melee were trying to help the victim, other people where trying to pull them off. The first concern, he said, was to deal with his seizure.

"It was pretty chaotic," Peck said.

The victim, a black male, was taken by ambulance to Strong Memorial Hospital as a precautionary measure, but it turns out he was not seriously injured, Peck said.

"It probably looked worse than it was," he said, describing the injuries as just a couple of bumps and bruises.

All of the suspects are black males, Peck said.

On Saturday night, several witnesses promised to show up at the police station on Sunday to give statements, but none of them showed up.

That night there were also white youths seen running from the carnival down Ellicott Street. Police pursued them, but were unable to apprehend them. One of the youths dropped a knife.

But, Peck said, it appears none of those youths were involved in the carnival fight and police don't know why they fled the scene.

There was a report of a second fight by the big slide, but when State Police arrived to check out the report, no fight was in progress.

The cause of the fight appears to be something someone said to another guy's girlfriend, Peck said.

In all, five Batavia patrol units, two Sheriff's units and two State Police units responded to the reported fights.

A nonemergency response from the Oakfield Fire Dept. was requested a couple of minutes ago for a youth who is not injured but stuck in a swing nonetheless.

The incident is at the Town of Oakfield Park at 37 Drake St.

Update: 6:03 p.m.: Oakfield back in service. The child was freed from the swing.

A tractor fire has been reported at Scalia's Landscape, 8106 State Street Road, Batavia.

The bobcat is not near any structures.

Town of Batavia Fire is responding.

One of the four men accused of breaking into a State Street residence last September while the elderly woman who lived there slept, was back in court today, but not on the alleged burglary charge.

Twenty-five-year-old Quentin L. Gibson faces a new charge of criminal mischief as well as two traffic citations.

While his three co-defendants in the State Street case have either pled guilty or were convicted of the crime, Gibson's case is still wending through the legal system.

While the case proceeds, Gibson has been out of jail under the supervision of Genesee Justice.

But Gibson appeared in City Court today to answer the new charges stemming from an alleged incident May 1 on Wood Street. Justice Robert Balbick adjourned the proceedings for a few minutes while Assistant District Attorney Robert Zickl consulted with Genesee Justice on Gibson's conduct since he's been out of jail.

After getting a report that Gibson has been doing well, and learning that Gibson has paid partial restitution on the alleged property damage that led to the criminal mischief charge, Zickl recommended that Gibson's release under supervision continue. Balbick agreed.

District Attorney Lawrence Friedman was in court for the Scott Doll jury selection and was not available for an update on Gibson's status in the State Street case.

Also in court today facing charges for the alleged May 1 incident on Wood Street was Thomas Culver, also facing a criminal mischief charge.

The Batavia Police department has not yet released information on the two criminal mischief arrests, so no further information on the alleged incident is available.

UPDATE: Gibson and Culver were arrested at 10:35 p.m., Saturday, for allegedly intentionally breaking the door of a friend.

Gibson resides at 27 Richmond Ave., and 31-year-old Culver's address is 13 Wood St.

Reginald Wilson was convicted April 1 of burglary and possession of stolen property following a jury trial. The other defendants in the case, Dillon Brito and Joseph Dash have both pled guilty to charges related to the State Street break-in.

In an unrelated case in City Court today: Summer Ogden, 31, appeared on an endangering the welfare of a child charge. She is in jail on $500 bail. The charge stems from an alleged April 30 incident wherein she broke a temporary, plastic window in a car while her child was in the car.

The child was not injured, according to Zickl. Ogden was arrested in March for allegedly assaulting and biting her boyfriend and also faces a DWI charge. Her case was adjourned until Thursday for review for possible referral to either mental health or drug court.

BATAVIA,  NY -- A day and a half into the jury selection process for the Scott Doll murder trial, and only three jurors have been seated.

District Attorney Lawrence Friedman noted that at the current rate, it would take four days and eight panels of potential jurors just to get to 12 men and women to decide the case. That doesn't include the four- to six-alternate jurors needed for the anticipated three-week trial.

The prosecution has used 12 of its 20 peremptory challenges, and the defense 14 of 20.

While either side can request more peremptory challenges, it will be up to Judge Robert C. Noonan whether to grant such an extension.

Once the peremptory challenges are gone, the prosecution and defense will be left to accept any juror that can't be dismissed for cause.

A prospective juror dismissed for cause is somebody who has a clear conflict of interest and probably can't judge the case impartially. A peremptory challenge is one in which the prosecution or defense deems a particular juror just isn't suitable for the case, for any reason.

"It's a combination of everything, what they know, what you hear -- it's just a gut reaction in the end," Friedman said, adding that "Both sides are being very careful about who goes on this jury."

Doll, a Corfu resident, is accused of murdering Joseph Benaquist of Pembroke in February, 2009. Doll and Benaquist were apparently in business together selling used cars.

The Richmond Memorial Library's trustee election will continue until 9 tonight in the library's Gallery Room, 19 Ross St. in Batavia. Anyone who lives in the Batavia City School District and is registered to vote may participate.

NOTES

• Rosemary Surowka is seeking re-election as a trustee
• Due to the absence of a proposed tax increase for the library this year, there is no budget proposition