Skip to main content

Today's Dealls: Alex's, Main St., Margarita's, Settler's and more

By Howard B. Owens

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.

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

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.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

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.

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

SOLD OUT

Plans change: Wiard buildings destroyed in fire were going to stay

By Howard B. Owens

Redevelopment plans first published in 2005 for the area of Wiard Plow factory buildings show the section of buildings destroyed by fire being torn down.

However, when The Batavian spoke with Tom Mancuso of the Mancuso Business Development Group, Mancuso said the fire was a significant set back for redevelopment and the buildings destroyed were a key part of the project.

A reader pointed out this seeming contradiction, which we missed at first, so we got a message to Tom Mancuso -- who is traveling -- and Mancuso replied via e-mail:

Our current redevelopment plans for Swan had contemplated demolishing the street front buildings in order to create parking for the mixed use commercial/residential renovation of the 3 story building sections which have now been destroyed.

In view of this loss, we now need to evaluate the condition of the remaining structures, determine what will survive and decide what a feasible redevelopment of those sections might look like (and cost).

In a comment on our previous post, Tim Hens says:

The plan linked from the City Web Site is a "conceptual" plan from 2005. Things have changed in the redevelopment. I have been involved in the process and the Wiard Bldg was not one scheduled to be demolished.

Jurors digest testimony of five witnesses Tuesday afternoon

By Billie Owens

Five witnesses went before the jury in the trial of Corfu resident Scott Franklin Doll, yet the panel still got out 45 minutes early this afternoon.

The jurors heard from a DNA expert, two men from the Genesee County Sheriff's office, a banker and a car-buying customer of SF Enterprises.

Here are some of the dots the jurors may be obliged to connect.

Forensic Biologist Ellyn Colquhoun, a DNA expert with the Monroe County Public Safety Lab, continued her testimony after the lunch break and testified that DNA could potentially be found in a single drop of blood.

The strength of DNA testing is in its ability to eliminate individuals who don't match in a criminal investigation.

Of the 27 items submitted to the lab for analysis, she personally was responsible for nine items. And of the 27, only seven were analyzed to determine if other DNA was present.

The bloody overalls were hauled out again and she pointed out all the areas tested, noting that the knees were heavily saturated with blood.

A single speck of blood on murder suspect Doll's face, out of three present, had two DNA profiles -- victim Joseph Benaquist's and Doll's.

All of the other samples tested contained only Benaquist's blood and DNA, including the camouflage overalls, the sneakers, and the Ford Windstar.

"You don't know how that blood got where it did, only that it was on the items," asked Doll's co-counsel Daniel Killelea.

Correct, responded Colquhoun.

Swabs from the Nissan Altima and the Pontiac G6 found at the scene were submitted but never asked to be analyzed by the Genesee County District Attorney's office.

"Many things are submitted, but relatively few are tested," said Deputy District Attorney William Zickl during the jury's afternoon recess.

That is not willy-nilly. Ultimately, after convening with the D.A.'s office, the crime lab, on a case-by-case basis, determines which items get analyzed.

This was the case in regard to Benaquist's fingernail clippings snipped during the autopsy. They were submitted for analysis but ultimately that was not deemed of utmost importance. Only items with the greatest exculpatory evidence value is tested.

Lastly, she testified that while DNA testing typically takes six weeks, it has been known to take a year or more, noting that some incomplete cases on her desk are over 12 months old.

Next up was John Dehm, a youth officer with the Genesee County Sheriff's Office, which is part of the Criminal Investigation Division. He testified that he was selected, based on previous experience, to take aerial photos of the crime scene. He did so while aboard a State Police helicopter on Feb. 17, 2009, the same day Benaquist's body was found.

He also took part in two different ground searches in the vicinity. He testified that he was among a group of about 10 officers from the Sheriff's and State Police offices who fanned out along the roadways to search for evidence.

One such search occurred on the east side of North Lake Road, where Doll was found walking toward the crime scene. A second search, with about six participants, occurred along the west side of the same road. In both instances, a few searchers used rakes. There were no metal detectors or canines used in either search.

They found nothing of evidentiary value, but did not scour the area again.

"It's always possible we missed something," Dehm noted.

Then Sheriff's Deputy John Duyssen told the jurors he was an accident reconstructionist and a crime-scene diagrammer. He took measurements, at points indicated by Investigator Steve Mullen, and used those to create a scale drawing of the vicinity in which the crime occurred.

The upshot was that the Adesa Car Auction is nearly six miles (on a vehicle odometer) from the gas station/repair shop (Pembroke Enterprises) near Beneaquist's house on Knapp Road. If the other logical route is taken, the distance is 5.7 miles, with Killelea noting that the portion driven on Route 5 may be busier that other roadways and therefore take more time.

Commercial banker H. Michael Easton, who has been in banking for 31 years, testified on behalf of M&T Bank. Under questioning from District Attorney Lawrence Friedman, he verified several items for inclusion into evidence.

These included: a copy of Doll's bank statement for portions of 2008-09; the form Doll signed to open one of his several accounts on May 26, 2004; Doll's official business certificate as a registered car dealer from the New York DMV; and a copy of a check from Key Bank for $10,000, from Doll's business, SF Enterprises, deposited into the newly opened M&T Bank account.

Last up was car buyer Mark Kobal of Bergen. He told the jury that he had satisfactorily bought a car from Scott Doll a few years ago. When he decided to buy another car in 2008, he again contacted Doll. He told him he wanted to buy a Dodge Grand Caravan.

But Josh Doll is the one who went to the Adesa auction and bought a car for Kobal. Due to miscommunication, he bought the smaller Caravan, instead of the Grand Caravan. The vehicle was registered then and there at the auction, meaning Kobal owned it and had to pay for it.

After that was done and he explained his disatisfaction, it was agreed he'd go ahead and sell the smaller Caravan himself, and then take those proceeds and buy a Grand Caravan. That was done two or three weeks afterward.

But one Saturday afternoon, he lent the mini-Caravan to the Dolls so they could take it to Adesa to show the auction house financiers that they still "had possession of it," because there was a lien against it and proof of possession would satisfy the lien. Of course, they actually did not have possession of the vehicle. It was wholly Kobal's and he merely lent it to them for a few hours to help them out.

Kobal said that he dealt with both Scott and Josh in his transactions with SF Enterprises.

Intoxalock maker says Leandra's Law not perfect, but it will get better

By Howard B. Owens

Under provisions of Leandra's Law, when a person is convicted of DWI, and he can't afford to install an ingition-locking device, the manufacturer will be required to front the cost.

That's a problem according to Scot Lewton, owner of Owner of Consumer Safety Technology, maker of Intoxalock.

When DWI convicts don't have "skin in the game," meaning a financial investment, Lewton said, they won't take the program as seriously.

"When it’s totally free, we tend to have more abuses," Lewton said. "We tend to see  abuse of the equipment. We have a tendency to not get the equipment back. Without having some skin in the game, indigency can be the Achilles' Heel to a program."

He pointed out that the ignition-control program in New Mexico is failing, where the indigency rate is 40 percent of all convicted DWI subjects.

Lewton is in town for a couple of meetings in Batavia. The first was today. Lewton met with 13 Western New York probation directors to go over how Intoxalock works. The second is tomorrow with members of the Genesee County Legislature.

We happened to find Lewton at Bill's Auto on Evans Street today, and he displayed a sample of his company's device and talked a little about the new Leandra's Law provisions.

He was mildly critical of the law for not taking into account all of the impacts of such broad legislation.

"I think the law has merit," Lewton said. "I think it probably needs to be better defined, both for the monitoring side as well as for the manufacturing side. But the law is in place and it can be adjusted over time and I’m sure it will improve."

Some estimates say that over the next year, 25,000 more New Yorkers will be required to install ignition-control devices.

Lewton doesn't believe the rate will be that high.

He said there is a big difference between conviction and participation.

He expects the participation rate to be about 30 to 40 percent of all DWI convictions.

Some people won't participate because they choose not to drive, and many others will simply ignore the law and choose to drive illegally. Another group will find relatives not living them and switch their car registration and deny to judges they even have a registered vehicle.

With such low participation rates and four or five more companies supplying the devices in New York, Lewton doesn't anticipate his company having any trouble keeping up with demand.

Soon, Lewton said, his company will release the next generation of Intoxalock, which will include options for GPS and video.

Two-vehicle accident reported in front of the Flying J

By Billie Owens

A two-vehicle accident, with one person suffering from an arm injury, is reported on Route 77 in front of the Flying J truck stop. It is blocking traffic. Pembroke and Indian Falls fire personnel are responding along with Mercy BLS.

Pole and wires down on Richley Road, Darien

By Billie Owens

A utility pole and primary electrical wires are down in the roadway at Richley Road, just east of Colby Road, in Darien. The roadway will have to be shut down temporarily as a result from Richley down to Harper Road. Darien Fire Department is responding. National Grid has been notified.

 

Odor of accelerant found at Wiard Plow fire location

By Howard B. Owens

shadow01.jpg

"Shadow" knows. The State's fire dog knows how to smell out the fuels that feed intentionally set fires.

This afternoon, "Shadow" alerted three times on a patch of uncovered Wiard Plow factory floor -- a space that was more recently the office of a button-making operation -- indicating a chemical was used to help spread the fire that destroyed the building Saturday night.

The location of the probable accelerant is a space adjacent to the office where a smaller fire was found and extinguished earlier Saturday.

The evidence now -- including burn patterns -- makes it clear that two separate fires were intentionally set at the location.

Wooden studs between the two fire locations show that the second, hotter fire was on the east side of the wall between the two spaces. On the west side, where the first fire started, much of the paper that was thoroughly soaked by the fire department when it responded to the 1:40 p.m. fire was only charred, not destroyed. There was still an old family photo completely untouched by flames in the piles of paper.

The baseboard of the west side of the wall was also unscathed, further indicating most of the heat from the fire was contained to the east side of the wall.

On the east side of that wall is where "Shadow" told his master that he smelled some sort of fuel. On the west side of the wall, "Shadow" never alerted on any scents, even though he made at least three passes through the former room.

Batavia Fire investigators immediately got to work gathering material from the floor to be sent off to a crime lab for analysis.

The lab may be able to determine what kind of accelerant was used.

Yesterday, Batavia Police detectives said they have no suspects in the case. Four to five subjects were interviewed soon after the fire erupted at 7:40 p.m., Saturday.

This afternoon, Det. Kevin Czora and Det. Todd Crossett were not immediately available for comment on developments in the case.

firestart.jpg

Above, Lt. James Steinbrenner points to burn patterns from the fire. The stud is shows more burning on the east side of the wall between two offices, and the baseboard behind the stud is still intact. This indicates that the fire which consumed the building started on the east side of the wall. The smaller fire put out earlier in the day was on the west side of the wall.

shadow02.jpg

Here "Shadow" alerts on a second spot where he picked up a strong odor of accelerant. When "Shadow" finds accelerant, he immediately sits down. The last spot the dog's nose was at is where an investigator places a marker.

shadow03.jpg

"Shadow's" reward for good work is getting to play tug, using a rolled up towel, with his master.

DNA expert confirms blood found on Doll's coveralls came from Benaquist

By Howard B. Owens

BATAVIA, NY -- DNA expert Ellyn Colquhoun testified today in the murder trial of Scott Doll and confirmed that the blood found on Doll's coveralls, in and on his van and on his shoes was that of his friend and business associate Joseph Benaquist.

Colquhoun is a forensic biologist with the Monroe County Public Safety Lab in Rochester.

Assistant District Attorney Will Zickl went through, methodically and thoroughly, more than two dozen blood samples that were tested at the lab and introduced each sample -- noting its evidence number and location it was found -- and asking Colquhoun to confirm the nature of the evidence and what she found.

Presenting charts that compared the DNA markers of each sample with that of a sample taken from Benaquist's autopsy, Colquhoun confirmed the samples where that of Benaquist.

One sample -- the blood found on Doll's cheek -- contained both Benaquist's and Doll's DNA, Colquhoun testified.

At the lunch break, Doll's attorney Paul Cambria said, "We don't dispute that it's Benaquist's blood," indicating that during the afternoon cross examination of Colquhoun will be limited.

The process of blood evidence introduction was careful and precise, with Zickl using the same set of questions for each new sample. Still, even some of the jurors who are normally the most attentive were finding it hard to stay riveted to the process. And Juror 8, who has previously been admonished about apparently falling asleep during proceedings, struggled to sit up straight and keep his eyes open.

Another forensic biologist, Stephanie Honeycutt, was on the stand first. It was her job to first receive the blood evidence, analyze it and do the initial tests to confirm that it was human blood. All of the blood samples were human, she said.

Rochester man accused of rape in Batavia

By Howard B. Owens

When Batavia Police responded to a 9-1-1 hang up call early this morning, they found a woman who claimed to have been raped and said the suspect was still at the residence, according to a news release from BPD.

Charged with rape in the first degree and sexual assault, 1st, is Lamar T. Anderson, 27, of 17 Mead St., Rochester.

The call came in at 12:45 a.m., and when police arrived they found the victim, who claimed to have been assaulted by Anderson.

Anderson was jailed without bail.

Investigators dig into rubble of Wiard Plow building

By Howard B. Owens

fireinvestigation01.jpg

Investigators were on scene at the former Wiard Plow factory building this morning with a backhoe in an attempt to dig into the rubble and find the origin of Saturday's fire.

Digging started in the same location as the first fire on Saturday because, Lt. James Steinbrenner said, photos taken early in the second fire show that area as the hottest spot.

The backhoe was being used to remove the largest pieces of debris, and then investigators would use hand tools to dig down to the floor level.

Once the origin of the fire is located, investigators hope to determine the cause of the fire.

fireinvestigation02.jpg

Man charged with DWI following accident that sends him to the hospital

By Howard B. Owens

A Batavia man was charged with DWI following a three-car accident in Oakfield yesterday that sent him to UMMC with non-life threatening injuries.

None of the other people in the other two cars were taken to the hospital following the accident, though two people are listed as injured on the Sheriff's Office report.

John B. Lepkowski, 48, was reportedly driving south on Route 63 when his 2002 Ford sedan drifted into the northbound lane.

The accident occurred at 3:52 p.m.

His car sideswiped a 2008 Chevy SUV driven by Peter S. Neer, 59, of East Bethany. The Ford then collided head on with a 2009 Chevy SUV driven by John Martello, 64, of Wayland.

Martello and his passenger, Linda S. Martello, 64, both reported minor injuries.

John F. Crable, 59, was a passenger in Neer's car.

Lepkowski was charged with DWI, failure to keep right and driving left of pavement markings.

Photo submitted by Tom Smith.

Car on fire on Ellicott Street Road, Bethany

By Billie Owens

A car fire, with flames showing, is reported in Bethany at 5486 Ellicott Street Road. That's between Mayne and Clapsaddle roads. Law enforcement is on scene and the Bethany Fire Department has been notified. Stafford Fire Department, however, is called to respond.

UPDATE 10:24 a.m.: But now it is Bethany Fire on scene.

Massive tree limb down in St. Joe's cemetery

By Howard B. Owens

Among the wind damage from Saturday was a massive tree limb that came down in St. Joe's cemetery on Harvester Avenue. As of yesterday evening, it hadn't been removed yet. The limb knocked askew several headstones when it fell.

Police Beat: Reported domestic fight leads to alleged drug arrest

By Howard B. Owens

Joshua Stanley Martaus, 26, of Batavia, is charged with possession of a hypodermic instrument, possession of a controlled substance not in its original container and harassment, 2nd. Martaus was arrested at 3:30 a.m., today, following an investigation into a domestic incident on Overlook Drive in Batavia. Martaus was accused of dragging a woman by the hair down a hallway.

A 16-year-old Byron girl is charged with harassment, 2nd. The girl allegedly punched her foster sister in the face. Following arraignment, she was released to the custody of the Department of Social Services.

Richard R. Klaver, 49, of Medina, is charged with two counts of official misconduct, promotion of prison contraband, 1st, and possession of narcotics with intent to sell. The arrest and incident location is in the Town of Pembroke on May 7. Klaver was jailed on an unspecified cash bail. The State Police released no further information on this arrest.

Daniel J. Youll, 46, of Alexander, is charged with DWI and aggravated DWI. Youll was stopped by State Police at 1:42 a.m., Saturday, in the area of 3242 Stannard Road, Alexander.

Accidents from the State Police blotter:

6:34 a.m., May 10, Donahue Road, Batavia, one vehicle; Driver 1: Dennis R. Say, 39, of Batavia. No injuries reported.

Mancuso: Destruction of Wiard Plow building is set back for redevelopment

By Howard B. Owens

wiard_inside01.jpg

The destruction of one of the Wiard Plow buildings in a massive fire Saturday will have the Mancuso Business Development Group going back to the drafting table, said owner Tom Mancuso on Monday night.

The very structure that was destroyed, despite its deteriorated condition, was a key building in redevelopment plans, Mancuso said.

"There's a lot to sort out and I still haven't processed it all yet," Mancuso said. "We need to understand what steps we need to take. We'll need to take some time and re-evaluate the viability of redevelopment."

Mancuso and the City of Batavia received a grant from RestoreNY for the Masse Gateway Project last year, which is the first phase of redevelopment of the million-plus square feet of industrial buildings that encompass the Harvester Center, the Masse building and the Wiard Plow structures.

Masse Gateway is intended to open an attractive entryway, featuring renovated Masse buildings off of Masse Place, into the entire Masse-Harvester-Wiard complex.

While the fire won't disrupt the Masse Gateway plans, Mancuso said, the building that was destroyed would have been redeveloped as early as phase two, and certainly by phase three.

The building was included in a RestoreNY grant that was rejected by the state a few years ago, Mancuso said, stressing its importance to his redevelopment plans.

"Now we have to move forward," Mancuso said. "I just don't know as we speak what that looks like."

The Wiard Plow building loss was a stunning blow, Mancuso admitted. When the buildings were acquired by the Mancuso Group in the 1980s it was with the intention to eventually redevelop the property, he said.

Mancuso even turned down offers a few years ago from construction firms that wanted to recover the beams in the building. Those developers offered to take the building down at no cost just to remove the heavy timber, but Mancuso turned down those offers because redevelopment rather than destruction was the goal.

"We bought the building to keep it from being torn down, so it is hard," Mancuso said. "It's not the way we wanted to see it go."

As for the bricks, which some people have speculated have some value, he said those evaluations might be overstated, but he would certainly entertain purchase offers for the old masonry.

Even as he takes a look at the viability of redevelopment, Mancuso said he is hopeful there will be a way to move forward.

UPDATE: In a comment on another post, Dennis Wight posted a link to the Masse Swan Village planning document (PDF) available on the City of Batavia's Web site. It clearly shows that the building destroyed in the fire was not intended to be one of the buildings left standing in the renovated complex. When we spoke last night, Tom Mancuso said he was leaving town for a few days. I have, however, left messages for him. I'll try to clarify this issue with him the next time we can talk.

Photo: One of the last photos ever taken from inside the Wiard Plow factory. It was snapped by The Batavian following a 1:40 p.m. fire on Saturday -- six hours before the second, more destructive fire. For the other three final photos available, click here

Autopsy photos show murder victim fought for his life

By Billie Owens

BATAVIA, NY -- Joseph Benaquist fought ferociously for his life when he was attacked, beaten on his head with a blunt object, and left to die on his driveway in the dead of winter.

If Benaquist could speak at all in his dying moments, it would have been before progressive deterioration of the brain ensued, which would have begun minutes after the fatal blows were struck.

Monroe County Deputy Medical Examiner Scott LaPoint testified Monday afternoon that Benaquist's ability to talk or move would have deterioriated rapidly after the attack, though he could have lived for one to four hours longer, lying on his back in a pool of his own blood, unable to move or speak.

As the fatal blows were struck, Benaquist tried to save himself, putting up his hands to stave off the strikes to his skull, LaPoint said under direct examination from Assistant District Attorney William Zickl. LaPoint said the injuries to Benaquist's hands were consistent with such defensive measures.

When Benaquist's corpse, case No. 09-396, was released to the medical examiner's office by the Genesee County Coroner, it was examined, photographed, documented and then cleaned, shaved, reexamined and rephotograped. Next, the internal organs were removed and analyzed.

The jury in the Scott Doll trial heard all about this process and then were showed gruesome, clinical photos of the 66-year-old's wounds. One of the younger women on the panel pulled a tissue up the her mouth and kept it there with boths hands, obviously distressed by the images. Two other women in the front row grimaced. Juror Number 8, who previously was warned about dozing off, was all eyes and ears.

There was a minor abrasion in the middle of Benaquist's back and more abrasions on his right shoulder. His face was scraped in places and there were at least six large gashes on his head, including a large one across his forehead.

"Any one of those...could potentially lead to a person's death," LaPoint told the jury.

His hands had the kind of injuries associated with fighting off an attacker, La Point said, noting gashes on the inside of one hand, with one finger cut down to the tendon, and cuts on the outside of the other hand.

The internal trauma consisted of two skull fractures, multiple bruises on his swollen brain and blood pooling inside the skull cavity.

His head was struck at least seven or eight times.

A person with such injuries may experience seizures, and could have difficulty moving or speaking before dying.

"Could the injuries have been caused by a car falling off a jack and onto him?" Zickl asked.

No, the witness said.

"Are the abrasions consistent with a body being dragged across a hard surface?" Zickl asked, even though the victim was fully clothed and had on a jacket.

Yes, said the witness.

On cross examination, defense attorney Paul Cambria asked if one could distinguish between injuries on the hand stemming from striking against something or being struck by something.

No, the witness said, but when the injury occurs at or below the second knuckle, it is consistent with defensive actions.

Cambria asked if it could be determined whether the abrasions on his back were the result of the body being dragged along or if they were the result of him lying on his back trying to fend off his attacker.

No, the witness said, there is no way to make that distinction.

LaPoint also acknowledged under cross examination from Cambria that it is difficult to say with certainity how much Benaquist's body could have moved, or whether he was able to speak, and for how long, following the bludgeoning.

Doll's attorney asked if a murder victim's nails, and matter underneath them, typically undergo forensic testing. Yes, LaPoint said, and that was done in this case, too, and the data submitted to the D.A.'s office. But the District Attorney apparently opted not to include them in the case files.

LaPoint was asked if there was a piece of paper with the name "Dave" on it and a phone number found in the watch-pocket of Benaquist's black jeans. Yes, and that was also submitted, the doctor said, as was a sliver of silver-like material embedded found near one of the victim's wrists.

The point being, apparently, that these two submissions also didn't make it into the case files.

Interviews ongoing in Wiard Plow fire investigation

By Howard B. Owens

Four or five people were interviewed Saturday in connection with the Wiard Plow fire, which police are calling "suspicious," but stressing there is yet no direct evidence that the fire was set intentionally.

"We don't know if anybody was involved," said Det. Kevin Czora. "Again, it hasn't been ruled accidental and it hasn't been ruled intentional."

There is no evidence, according to a Batavia Police news release this afternoon, that the large inferno of Saturday night was the result of lingering embers from a fire earlier Saturday at the same location.

Fire officials stress that the location was checked by several fire personnel after the fire, and a fire investigator even returned to the scene an hour after the first fire was extinguished to continue his investigation. He saw nothing to suggest there was anything left smoldering.

Non-department witnesses were also in the building after the first fire and saw nothing to suggest the fire wasn't anything but completely extinguished.

The building was without electrical power, so a short or other electrical problem has been ruled out as a cause of the fire.

A reader of The Batavian reported seeing two youths running from the scene at the start of the second fire.

There have been no arrests in the case and Czora said that right now the police are just talking with individuals about what they may know or what they saw. None of the subjects are considered suspects at this time.

"We're continuing to do interviews and, where they may lead or not lead, we'll just have to wait and see," Czora said.

Lt. James Steinbrenner is continuing his investigation for the fire department. It will be up to him to determine the cause and origin of the fire. He was unavailable for comment this afternoon.

Earlier, Steinbrenner told The Batavian that it was unclear if the first fire was set intentionally or accidentally. There was evidence of casual use of fire in the building (such as four small birthday candles laying down with the burned ends hanging off a table in a room adjacent to where the fire started). The fire did not fit the profile of arson, Steinbrenner noted, because it occurred during the day and there was no accelerant used to fuel the fire.

The first fire, which was reported about 1:40 p.m., was a small fire contained to an abandoned office filled with reams and reams of old files.

A flat tire, broken jack and blood on third car discussed at Scott Doll trial

By Howard B. Owens

BATAVIA, NY -- The Pontiac G6 that may have been at the heart of an alleged dispute between Scott Doll and Joseph Benaquist had a flat tire when the Sheriff's Office took it into evidence following the discovery of Benaquist's body lying in a pool of blood in his own driveway on Feb. 16, 2009.

A Nissan Altima parked next to the G6 had a broken jack laying behind the front passenger tire when Investigator Timothy Weis took photographs of the scene as he gathered evidence that night, Weis testified today.

Weis was the first witness called today by District Attorney Lawrence Friedman after Sgt. Steve Mullen finished testimony he started Friday.

At one point, while still on the stand, Weis held up the broken jack to show jurors. He said two pivot points were turned in. The jack was "not functional," he said.

Friedman also showed Weis photographs Weis said he took of the side and undercarriage of the Altima. He had Weis circle two spots where Weis said he found blood stains, including one on the undercarriage.

The bloody imprints of sneakers were found on the driveway between the two cars.  There was a battery-dead flashlight on the driveway between a pickup truck, parked in front of the Altima and the G6.

Scott Doll is accused of murdering Benaquist. He was taken into custody the night of the murder after being found walking north on North Lake Road in old tennis shoes carrying a jack and lug wrench.

There was a Ford Windstar registered to Doll's mother parked at an old gas station at the corner of Main and North Lake roads in Pembroke.

That location is 17 minutes, walking, according to Google Maps, from 693 Knapp Road, where Benaquist's body was found.

Today, Friedman introduced photographic and blood evidence -- with Weis verifying that he collected the evidence -- showing blood drops and smears on the interior and exterior of the Windstar.

Weis also testified that the jack was missing from the Windstar and that the jack Doll was found carrying matched the same kind of jack Weis is familiar with from Windstars he's previously owned.

Weis recalled precisely, without consulting notes, the mileage of the G6 (23,633) and a Chevy Malibu (73,801).

During pre-trial motions, Friedman said the G6 and Malibu were key pieces of evidence in the case.

"We anticipate that it will be established that it was these very cars that led to the murder of Joseph Benaquist," Friedman said.

Friedman said that Benaquist had bought the car using Doll's account at the Adesa auto auction for his own personal use and paid $10,000 toward the $13,300 purchase, but that Doll never delivered the $10,000 to the financing company.

Doll's defense Attorney Paul Cambria disputed that assertion prior to the trial.

In opening remarks, Cambria opened the door to speculation that Doll's son, Josh, may have been at the murder scene before Scott Doll. Cambria, saying that Scott Doll found Benaquist just before he died and that Benaquist's final words were, "The boy. The boy."

Cambria said it was Josh who normally did business with Benaquist and Doll only went to Benaquist's home after Benaquist and Josh failed to bring the G6 to the Adesa auction house, as he said Benaquist had agreed to do.

Today, Friedman introduced into evidence Benaquist's driver's license and an access pass to the Adesa auction in the name of Doll's other son, Brandon. The two documents were found by the coroner in Benaquist's wallet.

As for Mullen's testimony, there was a point where Mullen apparently thought he was being asked a question about a forensic examination of Scott Doll's mobile phone and discussed such an examination. The question was actually about whether there was an examination of Joseph Benaquist's phone.

After Mullen stepped down, the attorneys conferred with Judge Robert Noonan and then Noonan instructed jurors that the attorneys wanted to clarify that Benaquist's was not examined.

The trial was resuming at 2 p.m. with Weis returning to the stand for further direct questioning by Friedman.

Juror admonished for sleeping during Scott Doll murder trial

By Howard B. Owens

Juror Number 8 is having a hard time staying awake.

He's been seen several times doing a head bob on Friday and today, and often has his eye closed.

His apparent inattentiveness has come to the attention of Judge Robert C. Noonan who informed attorneys during a break -- with the jury out of the courtroom -- that he felt he should talk with the juror.

Defense Attorney Paul Cambria said he was concerned about singling out just one juror, even when not in front of the other jurors. He asked Noonan just to instruct the jury to pay better attention and ask for more frequent breaks if needed. He said he didn't think it should be assumed Juror 8 is falling asleep.

Noonan said he's seen the head bobs.

As the juror was being summoned to the courtroom, District Attorney Lawrence Friedman asked that the conversation with the juror be held in the judge's chambers. Noonan agreed to an on-the-record conversation with the juror, in his chambers.

When the jurors re-entered the courtroom, Juror 8 was still on the panel.

When the jurors came back, Noonan reminded them that while not everything that goes on during the trial is "the most scintillating," it is important they pay attention, and they should ask for breaks when needed so they can maintain their attention during testimony.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
Tags: Jobs offered

Authentically Local