corfu

Zachary D. Leitten is indicted on three counts of aggravated DWI, a Class E felony,  DWI, a Class E felony, DWI, as a misdemeanor, and driving with a BAC of .08 or greater, a misdemeanor. Leitten is accused of driving drunk with children less than 15 years old in the car on Jan. 17 in the Village of Corfu. His BAC at the time of his arrest was allegedly .08.

Kent L. Handy, Jr., is indicted on a count of DWI, a Class E felony. Handy is accused of driving drunk on Jan. 28 in the Town of Stafford while on the Thruway. The indictment alleges that Handy was previously convicted of DWI on Sept. 8, 2015, in the City of Rochester.

Ryan J. Wanike is indicted on counts of DWI, a Class D felony, and driving with a BAC of .08 or greater, a Class D felony. Wanike is accused of driving drunk on Nov. 28 on Clinton Street Road in the Town of Stafford. His BAC was allegedly .08.  The indictment alleges that he had a prior DWI conviction on Sept. 24, 2015, in the Town of Gates.

Sarah L. Elmore is indicted on counts of aggravated DWI, a Class E felony, and driving with a BAC of .08 or greater, a Class E. felony. Elmore is accused of driving with a BAC 0f .08 or greater with a child less than 15 years old in the vehicle on Sept. 10 in the Town of Bethany on Molasses Hill Road.

Joseph C. Jeffords is indicted on counts of falsifying business records in the first degree, a Class E felony, and petit larceny, a Class A misdemeanor. Jeffords is accused of falsifying a bill of sale at Pawn King on Dec. 10 in order to conceal a theft from Dick's Sporting Goods.

Parker E. Payton is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony, DWI, a Class E felony, and driving with a BAC of .08 or greater, a Class E felony. Payton is accused of driving drunk while on a revoked license on Dec. 31 on South Street in the Village of Le Roy.

Dale W. Skaters, Jr., is indicted on one count of grand larceny in the fourth degree. Skates is accused of stealing property valued at more than $1,000 while at The Home Depot on Nov. 16.

Chad W. Main is indicted on counts of driving while ability impaired by drugs, a Class E felony, aggravated unlicensed operation in the first degree, a Class E felony, criminal possession of a controlled substance in the fifth degree, a Class D felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor.  Main is accused of driving while impaired by drugs on Parmalee Road in the Town of Le Roy on Dec. 2 while his license was revoked. He is accused of possessing more than 500 milligrams of cocaine and of possessing methamphetamine. The indictment alleges that Main had his driving privileges revoked on April 27, 2017.

Isaac D. Abrams is indicted on one count of robbery in the second degree, a Class C violent felony. Abrams is accused of using force on March 10 to steal money and a safe from a dispensary on Poodry Road in the Town of Alabama.

Matthew M. Keiffer is indicted on counts of burglary in the third degree, a Class D felony, two counts of grand larceny in the fourth degree, a Class E felony, and criminal mischief in the third degree, a Class E felony. Kieffer is accused of breaking into a business in the Town of Pembroke on March 16, causing damage to the building, with the intent to commit a crime, and of stealing two credit cards.

Anthony F. Armstrong, Jr., is indicted on counts of burglary in the first degree, a Class B violent felony, unlawful imprisonment in the first degree, criminal possession of a weapon in the third degree, a Class D felony, menacing in the second degree, a Class A misdemeanor, and three counts of criminal mischief in the fourth degree, a Class A misdemeanor. Armstrong is accused of entering an apartment on Walnut Street, City of Batavia, on March 20, with the intent to commit a crime within, and of using a serrated blade knife to threaten another person and of unlawfully restraining that person. He is also accused of causing physical damage to the property.

After selling barbecue in front of his house to help locals endure the 2020 pandemic, Nick Rada decided it was time to translate his training and skills with smoked meat and open an authentic Southern BBQ restaurant in Corfu.

It's where his lifelong passion has led him.

“I’ve always had a passion for it. I always would hang out back by my grandfather’s pond. [I would] cook over live fire,” Rada said. 

After years of cooking with fire, Rada found himself in Greenville, S.C., and he said a man nicknamed “Mr. T” showed him old-school southern barbecue. It was there that Rada’s passion for barbecue was solidified. Now, after barbecuing first as a hobbyist, then for those during the pandemic, Rada has opened his own restaurant. 

The restaurant offers catering, limited dine-in services and takeout. 

Diners can enjoy Southern classics like smoked barbecue chicken, pulled pork, chopped beef and more. Rada also takes great pride in not just perfecting his main dishes but his sides as well. Macaroni and cheese, collard greens and tangy cole slaw are fan favorites. 

“It’s about as authentic and true you will get to real barbecue compared to anywhere down south. Even though I’m up in New York State, come on in, and you’ll have good barbecue. I take pride in it.” 

He makes his own sauce, mixing his own sauce that he developed with a store-bought sauce.  The baked beans and potato salad are made from scratch.

He said during the summer, most of his business is catering, and his weekends are frequently booked.

Burnin’ Barrel BBQ is located at 10 E. Main St in Corfu. Open from 11:30 a.m. to 7 p.m. Thursdays and Fridays. 

Photos by Howard Owens.

2023 Indian Falls Road, Corfu - OPEN HOUSE SATURDAY JULY 1, from 11am-1:00pm! Truly the most warm and inviting country home you will see! Immaculately kept this property has all quality upgrades and is no flip! All Anderson windows, radiant in floor heat(you will fall in love again this winter)upgraded 200 amp electrical service, fully gutted/remodeled kitchen with gorgeous tongue and groove ceiling and large pantry room with laundry is just the start! Inviting country kitchen has small breakfast nook as well as dining area for larger gatherings. Cozy wood burning stove and half bath downstairs for your guests makes this place great for entertaining as well as large family room with Cathedral ceiling and beautiful windows that lead out to wrap around deck with views of the prettiest backgrounds! Inviting 1st floor bedroom suite with closet everyone will be jealous of and newly renovated large&bright private bath that leads to its own deck with hot tub! A 2 bay shop built in 2016 with xtra tall covered carport ready for RV, gorgeous gardens, fruit trees and grapevines and fire pit area with charming waterfall makes this property a true homestead! Offers due July 5 @ 4:00. 

The welcome mat, in the form of entry signs into the village, will be a little brighter in Corfu beginning this summer.

After 15 years, the entry signs along the main thoroughfares into Corfu have become a bit faded, so the village board invited art students at Pembroke High School to design and paint new signs.

They wanted color, flowers, especially tulips, and a welcoming message.

That's what they got, and students involved in the project said they got to work on an exciting, meaningful project.

"It was a cool experience because we could kind of shape how things in our community look," said Kayla Reynolds, who just finished her senior year and is heading off in the fall to Roberts Wesleyan. "It was a fun project. We could be creative and try to represent our town in the best way possible."

Junior Sophie Crandall is thinking about making a career in art so the project was especially fascinating to her, she said.

"I just think it was really interesting getting to do such a big project with very little restriction," she said. "We kind of got to do whatever we wanted with those designs."

Fifteen years ago, a group of Pembroke students designed the outgoing signs, and when the village's maintenance supervisor Norm Waff noticed the signs were showing their age, he approached the village board about designing and painting a new set of signs.

Waff said he thinks the students are really talented and did a wonderful job.

"I think that it really gives the students an opportunity to get involved in activities of the village around Pembroke," Waff said.

Deputy Mayor Michael Doktor said the students were given only a little direction -- incorporate village history, which means flowers.

"Other than that, it was just really leaving it up to the kids' imagination and their creativity," Doktor said.

About tulips: In the late 19th and early 20th centuries, there were five greenhouses in Corfu. The florists mainly grew tulips and the tiny village was one of the largest exporters of tulips in the nation. Changing tastes and the Great Depression led to the eventual demise of the tulip, but a couple of the greenhouses survived until just the past decade or so (both were heavily damaged by the 2009 tornado that blew through town) by growing mums.

Mayor Tom Sargent said the project both helps beautify the community as well as builds community spirit.

"This is something that keeps the kids involved in our community," Sargent said. "It's a way for them to give back. Now every time that they come into the village, even 10 years from now, the signs will still be here. They can say, 'I did that sign.'"

The fact that the students knew everybody entering the village over the next 10 or 15 years would see the signs really motivated them to do their best work, Reynolds said. 

"We really wanted it to be the best quality possible because people are gonna see it for -- we don't really know how many years -- and everyone that drives into Corfu is going to see these signs. We wanted them to be as finished and as professional looking as possible."

A motorcycle is reportedly off the road with injury at Route 33 at Snipery Road, Corfu.

Corfu Fire and Mercy EMS dispatched.

UPDATE 11:24 p.m.: Apparently, only cuts and scrapes, according to a first responder.

2023 Indian Falls Road, Corfu. OPEN HOUSE SATURDAY JULY 1st from 11am-1pm. Truly the most warm and inviting country home you will see! Immaculately kept, this property has all quality upgrades and is no flip! All Anderson windows, radiant in floor heat (you will fall in love again this winter), upgraded 200 amp electrical service, fully gutted/remodeled kitchen with gorgeous tongue and groove ceiling and large pantry room with laundry is just the start! Inviting country kitchen has small breakfast nook as well as dining area for larger gatherings. Cozy wood burning stove and half bath downstairs for your guests makes, this place great for entertaining as well as large family room with Cathedral ceiling and beautiful windows that lead out to wrap around deck with views of the prettiest backgrounds! Inviting 1st floor bedroom suite with closet everyone will be jealous of and newly renovated large&bright private bath that leads to its own deck with hot tub! A 2 bay shop built in 2016 with xtra tall covered carport ready for RV, gorgeous gardens, fruit trees and grapevines and fire pit area with charming waterfall makes this property a true homestead! Offers due July 5 @ 4:00. 

Press Release:

The Corfu-Pembroke Dollars for Scholars will be announcing the receipt of a $300,000 donation (Vernon J. Rupert Memorial Endowment Scholarship) to our organization to support scholarships for graduating Pembroke students. 

The senior awards ceremony will begin at 7 p.m. Thursday in the high school auditorium. News information will be provided at 6:30 p.m. in the school auditorium by the Dollars for Scholars Board of Directors and school administration. 

Currently, the Corfu-Pembroke Dollars for Scholars (DFS) awards 24 scholarships to scholars annually. The addition of this new gift will allow us to more than double the financial awards to graduating students.

These new funds will be used to create and support FIVE- $5,000 annual awards for students pursuing trade school careers, 2-year associate degrees, and 4-year college or university studies.

In the last 14 years, the Corfu-Pembroke DFS chapter has awarded 186 scholars over $145,000 for college study. This year DFS is awarding $19,300 to graduating Pembroke seniors.

Carolyn L Kurek, 80, of West Main Street, Batavia, is charged with trespass and harassment 2nd. Kurek is accused of refusing to leave a location on North Street.  After a lengthy negotiation with police, according to the report, the officers attempted to physically remove her, and she allegedly kicked and scratched the officers.  Kurek was issued an appearance ticket, transported to her apartment, and released.

Shane Kyle Logan, 50, of Meadville Road, Basom, is charged with criminal sexual act 3rd and incest 3rd.  Logan was charged following an investigation by Investigator Kevin Forsyth for an act alleged to have occurred on Aug. 30 in Basom. He was ordered held on $5,000 bail.

Teesean T. Ayala, 24, of Walnut Street, Batavia, is charged with trespass, obstruction of governmental administration, and criminal impersonation. On May 21, at about 6:05 a.m., police officers were dispatched to Vine Street to investigate a report of a male walking onto driveways and checking car door handles. A possible suspect was identified who then fled from police on foot through backyards in the northeast section of the city. The suspect was eventually apprehended and identified as Teesean Ayala. He is scheduled to appear in City Court at a later date.

Richard A. Demmer, Jr., 30, no permanent address, is charged with petit larceny and falsifying business records. Demmer is accused of stealing property from a residence on Towne Place, Alabama, on May 24. He then allegedly falsified a bill of sale at Pawn King on Veterans Memorial Drive. Demmer was arraigned and was released on his own recognizance. The case was investigated by Deputy Jenna Ferrando and Investigator Erik Andre.

Madison Lee McKenzie, 19, of Creek Road, Batavia, is charged with criminal contempt 2nd and endangering the welfare of a child.  McKenzie is accused of using Snapchat between May 28 and May 30 to send explicit messages and photos to a person under age 15 in violation of an order of protection.  McKenzie was arraigned and released pending her next court appearance.

Heather N. Holbrook, 38, of Walnut Street, Batavia, is charged with criminal possession of a narcotic with the intent to sell and criminal possession of a controlled substance 4th. Holbrook was a subject of a traffic stop by Officer Wesley Rissinger on May 17 at an unspecified location in the City of Batavia. At the time of the stop, the Sheriff's Office held an arrest warrant for Holbrook.  While being taken into custody, she was allegedly found in possession of a significant quantity of a narcotic. Holbrook was arraigned and released on her own recognizance. Also charged as a result of the traffic stop was Jeremy P. Holbrook, 40., of West Bergen Road, Bergen. He was charged with criminal possession of a controlled substance 7th.  He was issued an appearance ticket.

Nathaniel L. Beglinger, 31, of Peaviner Road, Alexander, is charged with criminal possession of a controlled substance 7th, criminally using drug paraphernalia 2nd, and obstructed view.  Beglinger was the subject of a traffic stop on May 17 on East Main Street, Batavia. He was allegedly found in possession of a controlled substance. He was issued an appearance ticket.

Rosemary R. Waters, 37, of East Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Waters was allegedly found in possession of a controlled substance during a traffic stop on East Main Street, Batavia, on May 17. She was arraigned and ordered held on $1 cash bail.

Chantel C. Holmes, 23, of Walden Creek Drive, Batavia, is charged with assault 3rd and criminal mischief 4th. Holmes was reportedly involved in a disturbance on May 7 on Ellicott Street, Batavia.  She is accused of striking another person in the head with a shovel, which caused an injury. She is also accused of damaging property. Holmes was arraigned in City Court and released.

Donald F. Koziol, 55, of Franklin Street, Batavia, is charged with DWI and no/insufficient tail lamps. Koziol was stopped on May 14 on Ellicott Street by Officer Adam Tucker. He was released on an appearance ticket.

Ashley Davis, 34, of Walden Creek Drive, Batavia, is charged with DWI, unlicensed operator, and unsafe backing. Davis was arrested by Officer Andrew Mruczek on May 8 following an investigation into a report of a vehicle backing over a curb and striking another vehicle in a parking lot on North Street, Batavia. Davis was released on an appearance ticket.

A 17-year-old female resident of Ellicott Street,  Batavia, is charged with harassment 2nd. The youth is accused of striking another person while in an unspecified park in the City of Batavia on May 15. The youth was arraigned in City Court and released.

Kevin M. McCoy, 56, of East Main Stree, Batavia, is charged with trespass and harassment 2nd. McCoy was allegedly involved in a fight at a business on East Main Street, Batavia, on May 12. He was arraigned and released on his own recognizance.

Lakeisha A Gibson, 36, of Park Road, Batavia, is charged with criminal contempt 2nd. Gibson is accused of failure to comply with a subpoena to appear at a trial. She was issued an appearance ticket.

Zakara R. Jackson, 19, of Trumbull Parkway,  Batavia, is charged with criminal possession of a controlled substance 7th. Jackson was allegedly found in possession of a narcotic and drug paraphernalia when she was arrested on warrants on May 16. She was arraigned and released.

Jeanette L. Higgins, 47, of Ganson Avenue, Batavia, is charged with harassment 2nd. Higgins is accused of throwing an acquaintance to the ground during an argument on May 15. ßhe was issued an appearance ticket.

Jaqulyn Ann Dueppengiesser, 39, is accused of stealing an item from Walmart on Veterans Memorial Drive at 4:25 p.m. on May 23.  Her release status is unknown.

Jared Evan Flaming, 36, of Genesee Street, Darien, is charged with acting in a manner injurious to a child less than 17 years old, criminal mischief, and harassment 3rd. Flaming is accused of damaging a mailbox on Gabbey Road, Pembroke, while walking at 8:15 p.m. on May 27. He is accused of screaming profanities at the time and threatening a caller in the presence of children. Flaming was held in the Genesee County Jail pending his arraignment.

Joshua Rashad Brown, 25, of Spalding Street, Elmira, is charged with criminal trespass 3rd and harassment 2nd.  Brown is accused of entering an enclosed area of Darien Lake Theme Park on May 29 without permission. He was issued an appearance ticket.

Isrrael Obregon, Jr., 42, of Tucker Road, Walnut Cover, N.C., is charged with DWI, aggravated unlicensed driver 1st, misuse of dealer plate, unlicensed driver, and driver view obstructed. Obregon was stopped on May 29 at 4:22 on Pearl Street Road, Batavia, by Deputy Zachary Hoy.  He was issued tickets and released.

Hunter M. Passage, 22, of Batavia, is charged with DWI. Passage was stopped by State Police on May 29 at 9:08 p.m. in the Town of Batavia. He was released on an appearance ticket.

Miguel A. Rendon Fuentes, 39, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Fuentes was stopped on May 29 at 12:06 a.m. by State Police, He was released on an appearance ticket.

Brian E. Daggar, 37, of Elba, is charged with DWI and aggravated unlicensed operation 3rd. Daggar was stopped by State Police in the Town of Batavia on May 27 at 12:41 a.m.  He was released on an appearance ticket.

Lavar V. McKnight, 45, of Rochester, is charged with petit larceny and criminal contempt 1st. McKnight was arrested by State Police in connection with an incident reported on May 25 at 9:20 at an unspecified location in the Town of Batavia.  He was ordered held.  No further information released by State Police.

Trinity N. Wright, 20, of Syracuse, is charged with conspiracy 5th, grand larceny 3rd, and criminal possession of stolen property 3rd. Alexis M. Stackhouse, 26, of Syracuse, is charged with conspiracy 5th, reckless endangerment 1st, grand larceny 3rd, and criminal possession of stolen property 3rd. Noemi Morales, 23, of Syracuse, is charged with conspiracy 5th, possession of burglar tools, grand larceny 3rd, and criminal possession of stolen property 3rd. Wright, Stackhouse and Morales were arrested by State Police in connection with an incident reported on May 25 at 12:42 a.m. Both were ordered held in custody.  No further information was released by State Police.

Photos by Howard Owens

The latest attempt by Scott F. Doll to get his 2010 conviction for murder overturned has failed to persuade another judge and his appeal based on what his attorney claimed was new evidence has been denied.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed a motion to overturn the conviction earlier this year. A hearing on his motion was heard by Judge Sanford A. Church on March 10.

Deal argued that he had uncovered new evidence related to the failure of the Monroe County Medical Examiner's Office to collect fingernail scrapings from Doll's victim, Joseph Benaquist, and new DNA tests of people who might have had access to the murder scene should lead to Doll's conviction being overturned and a new trial granted.

Church ruled that the defendant did not present a factual assertion that the two pieces of "newly discovered evidence" could not have been available for the 2010 trial. 

"As discussed below, a sound defense trial strategy could have been to avoid further scientific testing and emphasizing the prosecution's failure to test some evidence," Church wrote. "The defense was aware, for example, of the drops of blood on the victim's boot before trial and that it had not be subjected to DNA profiling. All they had to do was ask that it be tested."

The defense could have also asked that fingernail scrapings be tested.  If the defense had made the request, the attorneys would have learned that clippings and scrapings had not been collected.

As for a bit of third-party DNA found on the victim's boot, that evidence could have been available at trial, Sanford said. There were photographs available to the defense that showed a possible bloodstain on the victim's boot.  The defense, he said, could have insisted that the bloodstain be tested.

Prior court rulings have found that for evidence to be considered "new" in an appeal, it must be evidence that could not have been discovered by the defense through diligence. 

It's also not readily apparent that the DNA comparisons would change the outcome of the trial, Sanford ruled.

For these reasons, Doll has failed to prove that his "new evidence" could not have been discovered before trial.

Church, an Orleans County judge, heard the appeal because Genesee County Court Judge Melissa Lightcap Cianfrini formerly worked for the Genesee County District Attorney's Office and had been involved in prior appeals, so she had a conflict of interest.

Doll was sentenced to 15 years to life for the 2009 murder of Benaquist. He has consistently maintained his innocence since his arrest.

On the night of Feb. 16, 2009, Doll was found walking in Pembroke in blood-soaked clothing by a deputy and questioned.  Due to the suspicious nature of his appearance and a van he identified himself as operating earlier in the evening, he was questioned by investigators who feared there was a seriously hurt or dead person in the area.  Those emergency circumstances allowed investigators wide leeway in questioning Doll and searching for a possible victim. Several hours later, Benaquist's badly beaten body was found in the driveway of his home in Pembroke.

Benaquist and Doll, a prison guard, had been partners in a used car business.

For all of The Batavian's prior coverage of Scott Doll, click here.

An unintended burn in a hedgerow on Read Road in Corfu.

Corfu Fire dispatched.

There is an open burn ban in place until May 14.

A motor vehicle accident with possible serious injury is reported in the area of 8966 Alleghany Road, Corfu, which is just north of Cohocton Road.

Corfu Fire and Mercy EMS dispatched.

UPDATE 6:32 p.m.: A second ambulance requested to the scene.

UPDATE 6:36 p.m.: Corfu command asks for a check on the availability of Mercy Flight.

UPDATE 6:38 p.m.: Mercy Flight #8 out of Batavia is available and is requested to the scene.

UPDATE 6:43 p.m.: A landing zone is being established at Route 77 and Cohocton Road.

UPDATE 6:53 p.m.: The patient may be a child.

UPDATE 9 p.m.: According to Corfu Chief Greg Lang, the child suffered a possible back injury and was flown to ECMC by Mercy Flight.  The child's father may have fallen asleep at the wheel.  His Chevy sedan hit a driveway and went airborne, rolling over three or four times. He sustained a head injury and was transported to an area hospital by ground ambulance. There is no other information available at this time.

An attorney for Scott Doll, convicted of murder in 2010, thinks there are questions about the case that deserve answers, but the looming question is whether he convinced a judge in Genesee County on Friday that the law allows for those questions to be asked in a hearing.

"We have too many questions in this case, too many whys," said Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, near the end of a nearly 90-minute hearing before Judge Sanford Church. 

"Scott Doll was sentenced to 15 years to life. He has served 13 years in prison. There are questions about significant evidence, whether it was collected or not, and questions about DNA at the scene when the theory of the prosecution was that Scott Doll was the sole person who committed the crime.

"There is some evidence of another person present," he added. "There is an unknown footprint in the snow.

"We should be interested in the answers to these questions. We shouldn't have these questions floating around in a case as serious as this, what was or was not collected when it was testified that it was? Why was there DNA there that is not the victim's and not Mr. Doll's? We're not sure. There is absolutely enough evidence and enough questions as to what happened in this case to warrant a hearing."

Whether there is enough evidence, and new evidence at that, to warrant a hearing under Criminal Procedure Law Article 440 is one of the questions that Church must answer.  

Deal and Assistant District Attorney William Zickl provided him with passages from the statute that seem contradictory.

On one hand, Church shouldn't decide whether the evidence that might be presented at a hearing would lead him to overturn Doll's conviction. There is case law that says that the quality of the evidence shouldn't be the deciding factor. The language of 440 says he can order the hearing purely "in the interest of justice." 

On the other hand, Zickl argued, the defense failed to make the case that there is any basis to hold a hearing under the language of the statute.  The pleading is deficient in substance and substantiation and therefore fails to meet the standards to proceed with the motion, according to the language of CPL 440.

Doll, 60, formerly of Corfu, was convicted in a jury trial of murder in the beating death of former business partner Joseph Benaquist. During the trial and for the past 13 years, Doll has maintained he didn't kill Benaquist.  He wants a chance to prove to a new jury that there is evidence that somebody else was at the scene of the murder before he arrived and found Benaquist already dead.

Church, who is a judge in Orleans County, is hearing the case because County Court Judge Melissa Lightcap Cianfrini recused herself over a conflict of interest.  She formerly worked in the District Attorney's Office at the time of Doll's trial and subsequent motions.

The new facts Deal is asking Church to consider as new evidence is an apparent admission by Scott LaPoint, a deputy medical examiner in Monroe County, that it was policy and normal procedure to collect fingernail scrapings from a victim in a murder case. That didn't happen in the Doll case.  

Also, Deal says, new DNA tests of one of Doll's family members and two of Benaquist's do not match third-party DNA found on one of the victim's boots.

Deal is trying to thread a needle, and Church asked some seemingly skeptical questions.

A motion to vacate Doll's conviction must be based on new evidence.

In 2016, a motion to vacate was made on the discovery that, contrary to LaPoint's testimony at trial, no fingernail scrapings were taken from Benaquist. Based on defense motions during the appeal process, new testing of the blood-spattered clothing from the crime scene was ordered by Judge Robert Noonan.  That led to the discover of DNA that apparently matches neither Doll nor Benaquist.

So, the jury did not know that there were no fingernail scrapings taken from Benaquist and the jury did not know that about the possibility of third-party DNA at the scene of the crime.

That motion to vacate based on these then-new discoveries was rejected by then interim County Court Judge Michael F. Pietruszka on the ground that if the new evidence had been available to the jury, it wouldn't have led to an acquittal for Doll.

Doll lost subsequent appeals of Pietruszka's decision.

Since those two facts have been adjudicated, they can no longer be considered "new evidence."

That leaves Deal arguing that what Pietruszka didn't know at the time of his decision was that, by policy and procedure in the Monroe County Medical Examiner's Office, LaPoint should have collected fingernail scrapings. The fact that LaPoint didn't, despite the policy and usual practice, raises a question as to why, and that question deserves an answer that can only be obtained in a hearing, Deal reasoned.

Church wanted to know if Deal was implying something underhanded went on in the case, and Deal walked carefully around that question.

"What we need is a hearing to fully explore what happened with that evidence," Deal said. "Why wasn't it collected? What if anything is going on, or is it something else? We don't know, and we should know. This is a man's life."

Church accused Deal of a fishing expedition, and Deal said that isn't the case. 

"If we have a hearing, Mr. LaPoint comes in and testifies under oath, bringing his notes, bring whatever else might be related, to help his recollection," Deal said.

The DNA comparison from relatives of the defendant and victim is significant, Deal said, because it means some person unknown to the defendant was at the scene of the murder, substantiating Doll's claim that he wasn't there at the time of the murder.

According to Zickl, none of this represents new evidence; to the degree that it does or might, it is of minimal importance, he said.

First, Zickl argued that Deal's motion is insufficient on technical grounds. The information from LaPoint about policies and procedures isn't in the form of an affidavit, and the same is true of the new DNA results.

"It is required that the defendant support his motion and substantiate all essential facts of his claim," Zickl said. "That substantiation has not occurred based on these papers."

Beyond that, even if Doll were granted a new trial and LaPoint testified that yes, fingernail scrapings should have been taken, and no, they weren't, and he didn't know why, that wouldn't persuade a jury to reach a different verdict faced with the overwhelming physical evidence of Doll's guilt.

The jury heard testimony in 2010 that the fingernail scrapings were not tested for DNA. The only thing that's changed is that LaPoint was mistaken, Zickl said, in testifying that fingernail scrapings were taken when they were not.

The defense had the opportunity before the trial to request a test on the scrapings. The defense did not make such a request.

Benaquist was murdered, beaten to death, on Feb. 16, 2009, in the driveway of his home in Pembroke. Before his body was found, a deputy came across Doll walking on South Lake Road in a jumpsuit covered in blood.  At trial, a blood spatter expert testified that the patterns of blood on Doll's clothing and face were consistent with an assault on another person.

Deal has noted that Benaquist had defensive wounds on his hands, but Doll was found to have sustained no injuries the night of the murder.

As for the third-party DNA, Zickl said the Medical Examiner's report does not conclude that the DNA comes from blood and that it is mixed in with Benaquist's blood.  It's not as clear cut as Deal asserts that there was third-party blood on Benquist's boot.

Deal wants a hearing, also, so the DNA sample can be submitted to a national crime database to see if it matches anybody in that database.  That would answer the question, perhaps, of who else was at the murder scene, Deal said. Zickl said the fragment of DNA isn't of sufficient quality for that kind of test. Deal said it was sufficient enough to know it didn't match the family members tested.

Zickl said, based on Noonan's order during the previous appeal, that the defense requested dozens of new areas on clothing be tested.

"Out of the dozens of areas, this one area produced this fragment of DNA that could not be attributed to the defendant or the victim, though Joseph Benaquist is a major contributor of the sample that includes this biological substance. We don't know how, why, or even what this biological substance comprised."

Deal said in his papers and mentioned it again during Friday's hearing that a blood splatter expert has stated the DNA sample could have only arrived on Benaquist's boot at the time of a struggle. 

Zickl implicitly disputed that claim.

"There is so much not known about this fragment," Zickl added. "We don't know when it was deposited, who, or what it is."

Despite Zickl's insistence that the abundance of evidence points to Scott Doll's guilt and nothing new has been presented that would suggest he didn't kill Joseph Benaquist, Deal maintained that Doll deserves a legally substantiated answer to the questions that still dangle in the case.

"When you stand back and look at all the pieces, there are good reasons to believe that someone else was at this crime scene when this crime occurred," Deal said.

Many members of Doll's family attended the hearing. After the hearing, Dawn Doll, Scott's step-sister, leaned over to a reporter and said, "There is a murderer out there who is free."

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

NOTE: Story updated at 10 a.m. to include additional background on the murder.

In the nearly 13 years since his conviction for murder in the second degree in the bludgeoning death of his former business partner Joseph Benaquist, Scott F. Doll, now 60 years of age, has filed multiple appeals.

A judge will consider whether he can proceed with a new motion to vacate his May 2010 conviction at a hearing on Friday.

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

Sheriff's investigators responded, and Doll was detained and questioned.  Investigators felt convinced there was a human victim of a crime and wanted to know where that victim might be.

At 1:30 a.m., Benaquist's body was found in the driveway of his home. He had suffered head trauma, and there was a substantial amount of blood at the scene.

While investigators concluded a weapon had been used to beat Benaquist, no weapon was ever recovered.

Doll was prosecuted by now-retired District Attorney Lawrence Friedman, and Doll's lead defense attorney was Paul Cambria. The jury trial lasted from May 3 to May 20, 2010.  Doll was sentenced on July 2, 2010, by Judge Robert Noonan, now retired, to 15 years to life.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed this latest motion on Doll's behalf on Oct. 19.

The motion, which must show there is new evidence not available at trial, is largely based on an investigation conducted by a private investigator, Tony Olivio, of Buffalo, that included interviewing 18 witnesses, the review of hundreds of pages of police reports and documents, and collecting DNA samples from family members of Doll and Benaquist.

Deal argues that Monroe County Medical Examiner Scott F. LaPoint mistakenly testified at trial in 2010 that fingernail clippings from Benaquist were examined for evidence. That isn't new evidence. That issue was raised by Doll in a 2016 appeal, which he lost.  What is new, apparently, is that Olivio interviewed LaPoint as part of his investigation, and LaPoint had no clear explanation for why standard procedure wasn't followed in this case.

There was also third-party DNA found on the boot of Benaquist, a fact not discovered prior to Doll's murder trial. This, too, was part of the 2016 appeal.  The new evidence appears to be DNA tests that eliminate one of Doll's family members and two of Benaquist's family members as potential participants in the murder. It's not the DNA of any of these three people at the scene, making it likely, Deal argues, that an unknown person was at the scene when Benaquist struggled with his assailant.  

According to Deal, the fact that it wasn't a family member indicates it was somebody unknown to Doll, lending credence to the suggestion that Doll wasn't even at the scene at the time of the murder.

While forensic evidence indicates, Deal states, that Benaquist struggled with his assailant, Doll suffered no injuries the night of Feb. 19, 2009. 

The 2016 appeal was heard by interim County Court Judge Micheal F. Pietruszka. According to Deal, Pietruszka erred in his ruling by stating that the DNA sample was found on Doll's clothing and, therefore, would not have altered the jury's decision.

Pietruszka's ruling was appealed, and Doll lost each appeal.

Assistant District Attorney William Zickl states in his answering statement that there is really nothing new in this new motion.

"These claims are no more than a repacking and rebranding of the defendant's previous arguments, culled from his 2016 motion to vacate, which were rejected by the Genesee County Court and the Appellate Divison, Fourth Department, as well as the Court of Appeals," Zickl states. "Because no new evidence or circumstances have been identified by the defendant in this instant motion which would complete, or even suggest, that a new trial should be ordered, his application should be summarily denied."

Deal wants the third-party DNA sample sent to a national criminal DNA database, which could uncover a possible match with a person in the database, a motion opposed by the District Attorney's Office.

Zickl states that the conversation between Olivio and LaPoint sheds no new light on the case.  The DNA evidence, including the DNA tests of relatives, could have been presented at trial if the defense had made a motion to get all the DNA evidence from Benaquist's boot (the DNA spot wasn't discovered until more testing was ordered as part of the appeal process in 2015). 

The defense could have also uncovered at trial, with more diligence, that fingernail clippings were not taken by the Medical Examiner's Office, according to Zickl.

"Even if the evidence were admitted at trial, it would serve to merely impeach or contradict the previous testimony of Dr. LaPoint," Zickl states.

"The defendant has not established a possibility, let alone a probability, that this new evidence would have changed the result of the trial," Zickl continues. "At trial, the defendant took full advantage of the argument that the investigation was fatally flawed because the people did not request DNA testing of the victim's fingernail scrapings, which were believed at the time to exist. It strains logic to suggest now that there would have been any greater impact upon the jury had the defendant been able to argue that the investigation was fatally flawed because the Medical Examiner's Office had neglected to take the scrapings in the first place."

In a response to Zickl's argument, Deal takes issue with "the people's" position that the third-party DNA is "partial" or "minor" and that it may not even be from blood.  He said the Medical Examiner's report indicates it was blood, and a blood splatter expert said it could have only landed on the boot during a struggle between Benaquist and his assailant. 

As for the opportunity to have obtained the DNA sample before trial, that simply wasn't logically possible, Deal argues.

"The idea that somehow the defendant would know of that exact spot (that particular couple of centimeters) on the boot to be tested, as opposed to all of the other blood-drenched items -- and then would have discovered it before -- is particularly unreasonable. 

Deal believes that the new evidence combined with other facts that could be presented at trial could lead to a more favorable outcome for his client.

"This court is reminded that this is a circumstantial evidence case," Deal writes in his brief. "A crucial fact ignored by the people below is that there was a shoeprint in the snow found in the driveway where the victim was found, which was determined not to be from either the defendant or the victim.  A jury hearing new information about a third party's DNA being on the victim's clothing along with the discovery of a mysterious footprint at the crime scene, on top of the Medical Examiner's malfeasance, when combined with the fact that the 220-pound victim had defensive injuries on his hands while Mr. Doll suffered absolutely no injuries would certainly never be so unfazed as Judge Pietruszka would have us believe."

Doll, now housed at the Hudson Correctional Facility, has consistently maintained his innocence. He is eligible for his first parole hearing in December 2024.

Judge Sanford Church, of Orleans County, is hearing the motion because of Genesee County Judge Melissa Lightcap Cianfrini's conflict of interest in the case.  She was an ADA in the District Attorney's Office during the trial and subsequent appeals.

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.