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More trees down in Batavia, Elba and Bergen

By Howard B. Owens

Tree branches are down in the area of 166 Summit St., completely blocking it.

At 9 Holland Ave., a tree is down and electrical wires are arcing.

Also, trees down blocking Macomber Road in Oakfield and a street in Bergen.

UPDATE 4:22 p.m.: A line is down and arcing on Route 77. Also, Batavia Fire is being dispatched to 71 S. Main St. for a tree limb on fire. A Le Roy Fire chief reports a limb down on Myrtle Street.

UPDATE 4:28 p.m.: In Le Roy, there are at least two limbs down on Myrtle, with one causing damage to a vehicle, plus one on Glibert Street. Le Roy is setting up a command post at the Fire Hall and requesting all available manpower.

UPDATE 4:30 p.m.: Fire Dispatch just notifed all fire personnel to go to various operational channels and keep radio transmissions to a minimum: "We have several emergencies to get out."

Update 4:35 p.m.: There is some sort of fire on West Bergen Road. Wires are down on Elm Street in Le Roy, also in Le Roy several tree branches and wires are down and arcing on Lake Street. There is also an incident on Washington Avenue in Batavia that has the street shut down.

UPDATE 4:38 p.m.: A tree has fallen on a house on Kibbe Avenue.

UPDATE 4:40 p.m.: There's a chain reaction of poles down and wires popping on Clipknock Road. There's also another pole down in Le Roy, but we didn't catch the location. Also several poles and wires down on Bethany Center Road.

UPDATE 4:43 p.m.: Somebody just said, "We've lost all power in the village." Not sure which village.

UPDATE 5:09 p.m.: National Grid is on scene on Erie Street in Le Roy for lines down.  Also on Oatka, a large tree is leaning on wires. Wires are intact. In Batavia, Jackson Street is blocked at Wood Street. Darien is being asked to check 9295 Colby Road for unknown wires down.

UPDATE: A tree has fallen into power lines on Vine Street.

Trees fallen on Vine and Tracy in the city

By Billie Owens

Large trees have fallen on Vine Street, one of which struck a car, and on Tracy Avenue in the City of Batavia. This prompted a third batallion to be dispatched to the fire department.

Possible structure fire reported on Swan Street, Batavia

By Howard B. Owens

A possible structure fire has been reported at 33 Swan St., Batavia.

Batavia Fire is responding.

UPDATE 2:08 p.m.: There has been a good deal of scanner traffic and any response to this did not come across.  We just drove by the location and no fire is on scene, so they must have cleared.

UPDATE 3:24 p.m.: There was a fire. A small one.  In one of the old Wiard Plow buildings.  The fire trucks were (duh) behind the building.  A separate post on the fire, with pictures, later.


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Wires down, possibly on fire on Bloomingdale Road

By Howard B. Owens

Wires are down and on fire, possibly igniting a grass fire at 1305 Bloomingdale Road, Basom.

Genesee County dispatch has received several calls.

Alabama Fire is responding.

UPDATE 3:33 p.m.: This call was cleared some time ago.  Alabama Fire just dispatched for a new report of a grass fire at the same location.


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Big tree down on Beckwith Road in North Pembroke

By Billie Owens

A large tree has fallen at 2345 Beckwith Road in North Pembroke, between Slusher and North Pembroke roads. Traffic is being shut off to the road until it can be cleared.

Wires down on Transit Road in Byron

By Billie Owens

Wires have fallen into the roadway at Transit and Edgerton roads in Byron. Fire departments in Byron and South Byron are responding.

Tree falls into garage on Prospect Avenue

By Billie Owens

A large tree has fallen into a garage at 10 Prospect Ave. in the City of Batavia. No wires are believed to be affected. Batavia Fire is responding and will be using a chainsaw to remove the tree.

Trees down, and maybe wires, on Dodson Road

By Billie Owens

Trees are down blocking the roadway at 3171 Dodson Road, between Attica and Griswold roads. Wires are possibly down, too. Darien Fire and Corfu have responded and will be using chain saws to clear the wood.

State and CSX at odds over high-speed rail line agreement

By Howard B. Owens

When New York reached an agreement with CSX for a high-speed rail line from Albany to Buffalo, it signed off on two provisions officials now seem to regret, according to the Buffalo News.

Rather than a rail line with trains reaching top speeds of 110 mph, the state's agreement only calls for speeds of 90 mph.

Also, the state agreed to a 30-foot gap between rail line along the CSX right-of-way.

The problem is, there are portions of the right-of-way that aren't even 30-feet wide, which means property will need to be bought (or seized through eminent domain) or overpasses will need to be reconstructed.

The resulting dispute between the state and CSX threatens to derail the entire upstate high-speed rail project — but to prevent that, Transportation Secretary Ray LaHood on Friday assigned a top federal rail official to try to resolve the issue.

“I promised Congresswoman Slaughter that FRA Deputy Administrator Karen Rae will work with the state and do whatever it takes to make high-speed rail happen for New York,” LaHood said after the meeting.

Slaughter, meanwhile, said she was thrilled that Rae — who was the state’s top rail official before moving to Washington — would be devoted full time to resolving the disagreement.

The rail line will pass through Genesee County, with a demonstration project already funded for a line between Byron and Riga.

Severe thunderstorm watch now in effect

By Howard B. Owens

The latest forecast for tonight's weather from the National Weather Service uses stronger language than earlier warnings to let residents know the thunder, lightning and wind hitting the area will be severe.

Doppler radar shows a severe thunderstorm, that could produce winds in excess of 60 mph, is heading toward Genesee County. The storm is currently 21 miles west of Grand Island and moving northeast at 65 mph.

"This is a dangerous storm," the Weather Service states. "If you are in the path, prepare immediately for damaging winds, destructive hail and deadly cloud-to-ground lightning. People outside should move to a shelter."

The severe thunderstorm watch remains in effect until 3 a.m.

UPDATE 11:55 p.m.: The NWS declared the warning over at 11:45, saying the storm front had weakened.

Doll's attorney puts investigation tactics under scrutiny

By Billie Owens

It was after the Sheriff's lead investigator talked with Josh Doll, that Sheriff's deputies went to Joseph Benaquist's house and found him lying, bludgeoned and frosted over, in a pool of blood in his snow-covered driveway.

In Genesee County Court yesterday afternoon, the testimony of Investigator Kris Kautz included not only details about blood evidence and the crime scene, but also what happened after photos were taken of murder suspect Scott Doll at the Sheriff's station.

At some point in the wee hours of Feb. 17, 2009, Josh Doll called the Sheriff's station.

"He was curious as to what's was going on," Kautz said. "He asked where his father was that night, and I said I didn't know."

After talking with Josh, Kautz said he notified another officer of a friend of Josh's in the area, which was either Joseph Benaquist himself, or someone who knew both men.

Benaquist's body was found by Sheriff's Deputies at 1:33 a.m.

When questioned by Doll's attorney Paul Cambria, Kautz said he did not tell Doll that his son had called.

At 3:35 a.m., Kautz was told that two women were at the station to see Doll. About 15 minutes later, Doll's girlfriend and a former department of corrections coworker were taken to Kautz's office.

The former coworker wanted to speak with Doll, and she was allowed to do so, escorted by Kautz. Doll sat on a bench at a table in the center of a stark, 12-by-8-foot hearing room. The visitor stood a few feet away on one side and Kautz the same distance on the opposite side, ready to take notes.

Deputy Patrick Reeves, who had testified earlier on Thursday, was in an adjoining control room. The doors were open. Kautz noted the three-minute conversation thusly:

"I was there but I didn't do it," Doll told the woman.

"Did something happen in your head?" she asked.

"No"

"Did it involve an animal?"

"No"

"Tell me there's no dead body."

"I can't say."

"No matter what, you get a lawyer just the same," she said.

"Let the chips fall were they may," he replied. "I believe I'll be in jail for sure. It doesn't matter what lawyer I get. I'll get what I deserve, I guess."

(Reeves earlier testified that his report did not reflect what went on at the station house, and that he didn't hear the whole conversation. But he did hear the part where Doll says "I'm going to jail.")

The accused killer still had not been permitted to contact a lawyer.

Cambria asked Kautz about the investigation in the area where the body was found. Kautz said he was aware that officers from the City of Batavia and State Police, in addition to Sheriff's deputies, searched the area initially over a two-day period. But he wasn't present throughout that time.

Among Kautz's other disclosures was that there was no blood on the lone key found in Doll's pocket. He did not inspect the firefighter's head covering Doll had on when walking down North Lake Road. In March, Benaquist's home was searched, but Kautz was unsure how many times that was done. The victim's mobile phone was never sent in for forensic testing. No one looked to see if Benaquist had heirs, which could possibly have shed new light on the case.

Nor did Kautz attend the autopsy or personally search Benaquist's house or Doll's house, or interview any of Doll's stepsons, or investigate finances.

But Kautz did know that there were 19 blood specks on a vehicle photo taken at the crime scene. That there was a bloody footprint, and bloody leather work gloves were on the vehicle adjacent to the blood-smeared Ford Windstar minivan driven by Doll. That his size-10, white, Starter-brand sneakers were in poor condition and bloody and those overalls were bloody, too.

Photos of this were shown to the jury and entered into evidence. One of the photos of Doll's face with three flecks of blood on it was left up on the projector, larger than life on the wall, well after being shown to the jury.

During the jury's recess, an annoyed Doll asked co-attorney, Daniel Killelea, why are they showing all those bloody photos?

The jury already knew he was at the scene and, according to Cambria's opening statement, holding the mortally wounded Benaquist as he drew his last breath.

Is it grandstanding? Doll asked.

"It's puffery," Killelea replied.

Winds expected to blow hard tonight and tomorrow

By Howard B. Owens

Some pretty nasty weather is going to hit the Genesee County region over night, according to a National Weather Service forecast.

Around 2 a.m., thunderstorms are expected, followed by a cold front that will push through with high winds.

With foliage already on trees, the high winds could cause a good deal of damage.

A high-wind warning as been issued.

Sustained speeds of 25 to 40 mph are expected, with gusts up to 60 mph.

The wind warning is effect from 4 a.m. to 8 p.m., Saturday.

Some of the strongest winds are expected from 4 to 5 a.m.

Neither attorney saying whether Scott Doll's son will be called as a witness in murder trial

By Howard B. Owens

BATAVIA , NY -- In a brief conversation this morning, District Attorney Lawrence Friedman said he wasn't surprised yesterday when the attorney for Scott Doll, accused of murder, implied that maybe it was Doll's son who killed Joseph Benaquist on Feb. 16, 2009 in Pembroke.

As for whether Josh Doll will be called as a witness in the case, Friedman at first said, "You'll have to ask them," motioning toward the defense table. 

Asked if Josh Doll was already on his witness list, Friedman said Judge Robert Noonan doesn't really like attorneys to specify who is on what list.  He then said, "I just don't know (if he will be called)."

Doll's attorney, Paul Cambria, said he never discusses beforehand who he plans to call as a witness.

Of course, under the 5th Amendment of the U.S. Constitution, people have the right not to make statements that implicate themselves in crimes. If Josh Doll took the stand, he could refuse to answer any questions that might implicate him in a crime.

Of course, if he wasn't involved in the crime, he would be compelled to testify truthfully to anything he knew.

An attorney we spoke to said that under court rules, neither the prosecution nor defense can call a witness they know in advance will take the 5th.

In yesterday's opening remarks, Cambria said that according to Scott Doll, Benaquist's dying words were, "The boy. The boy."  Some minutes later, Cambria said, Doll began to wonder if those words meant that Josh Doll was the killer.

Cambria used the concern of Scott Doll over the possible involvement of his son to suggest that Doll's state of mind may explain some of his actions and statements to Sheriff's deputies.

The trial restarted this morning shortly after 9:45 a.m.

Because of a prior commitment for Judge Noonan, today's trial session will end at 12:30 and resume Monday morning at 9:30.

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