Murder victim Joseph Benaquist's son, Michael Benaquist, took the witness stand for testimony Thursday afternoon in Scott Doll's trial.

A series of his father's written checks from Key Bank were observed. Michael agreed that all of his father’s signatures on the checks were valid and had been signed by his father.

However, on the contract for the title of the 2006 Chevy Malibu, District Attorney Friedman asked, “Is that your father’s signature?” 

“No” Benaquist replied.

Benaquist was then shown three videos from the Adesa auction camera. In the third video, Benaquist was asked to observe a gentleman wearing a plaid jacket.

The video revealed the man speaking and standing next to another man. The second man was recorded wearing a tan jacket and a baseball cap.

One of Doll's attorneys, Daniel Killelea, asked if the individual in plaid was Benaquist’s father. Benaquist stated that although he was not completely sure, he thought it might be. The other two videos showed the man in the tan jacket wearing a baseball cap at the auction.

Benaquist agreed that in two of the videos, his father’s 2006 Chevy Malibu was passing by the camera. However, he testified that he could not recognize who the other man was, wearing the tan jacket, at any point in the videos.  

Paul Kisch, bloodstain-pattern expert, remained on the stand to be cross-examined as the first witness of the afternoon. He agreed with defense attorney, Paul Cambria, that from looking at the autopsy report, there were a number of large cuts on Joseph Benaquist’s head.

The cause of Benaquist’s blood spatter onto Doll’s shoes, overalls and the outside of his Windstar van still remain in question.  

Cambria asked the expert, “Is it safe to say that if enough blood came down Benaquist’s head, it could have sprayed on to other individuals nearby? Which is called “expiration," and is the blowing off of blood from the nose, mouth or a wound, pushed by an air source?”

Kisch agreed and testified that this was possible. It was agreed that the impact spatter of blood from a beating can have the same size and range of blood as from coughing blood.

“Expirated, spattered blood can appear similar to impact blood by size and range,” Kisch claimed. However, Kisch made it clear that the blood found on Doll’s clothing and vehicle was “completely consistent with impact spatter that we notice in our case studies and experiments.”

It was verified by Kisch that the blood stains on the Pontiac G6, which had been parked in Benaquist’s driveway the night his body was found, were all transfer stains (the blood on one object was transferred on to another).

As for the puddle of blood found underneath the Nissan Ultima, which was also parked in Benaquist’s driveway, Kisch testified that the blood could have gotten there as a result of another person moving the body to that area.

Kisch also concluded that the blood found on Doll’s overalls and the Windstar van were a result of being in close proximity with Benaquist during the assault.

The jury was dismissed 45 minutes early for the weekend.

It's a civil matter, say local prosecutors, after looking at a recent case of alleged damage done to an apartment at 122 Summit St.

The Batavian reported on May 4 that landlord Willard Preston called in police after viewing holes in walls, broken window frames and piles and piles of trash allegedly left by a tenant recently evicted.

Batavia Police Officer Ed Mileham said this evening, following his investigation into the matter and reviewing the evidence with an assistant district attorney, that there is insufficient proof for a criminal mischief charge.

Mileham said he has successfully brought a case to the district attorney's office involving tenant damage to an apartment. But in that case, there was clear evidence that the damage was done in a short amount of time and after the tenant expressed a desire to break a lease.

In this case, the tenant was in the apartment for a year and a half and there's no evidence that the damage wasn't anything more than carelessness carried out over the entire span of the tenant's residency.

A woman was reportedly spotted riding a red bike in the area of North and State streets holding up a lighter as she peddled along.

A few minutes after the initial call, she was reported in the area of Wendy's on Main Street.

Callers report she appears intoxicated.

Batavia Police has been notified.

UPDATE: An officer on scene reports several red bikes outside the door of Wendy's.

BATAVIA, NY -- There is blood spatter on Scott Doll's coveralls and blood spatter on the Ford Windstar he reportedly drove the day that Joseph Benaquist was found dead in the driveway of his Pembroke home, a bloodstain pattern expert testified today.

The spatter -- which is Benaquist's blood -- was caused by an impact of some kind on a source of blood, said Paul Kisch, whose expertise in the field was well established at the start of his testimony.

Kisch stopped short of saying the spatter was caused by an impact to any part of Benaquist's body.

The 66-year-old former corrections officer was found dead on Feb. 16, 2009, laying on his back in a large, dark pool of his own blood.

The spatter marks -- none shown in photos were bigger than a heavy pen mark -- were described as being over most parts of the front of Doll's camouflage coveralls, as well as the driver's side of the Ford Windstar.

"The spatter is consistent with impact spatter in close proximity to an impact event," Kisch said. "It is consistent with an impact event associated with Joseph Benaquist's blood."

Kisch made similar statements about both the spatter on the coveralls and the Windstar.

Doll was found just before 9 p.m. on Feb. 16 walking north on North Lake Road, toward Benaquist's home, carrying a jack and lug wrench, while the Windstar was parked at a garage on North Lake and Main Road in Pembroke.

A pair of bloody gloves were found on the hood of a car next to the Windstar.

Kisch also testified that there were what he called "transfer stains" (meaning blood got on one object and was transferred to another surface by touch it) on the pavement (likely from tennis shoes, he said), under a Nissan Altima parked in the driveway, and a Pontiac G6 parked near Benaquist's body.

Under cross examination for Doll's attorney Paul Cambria, Kisch could not say if the blood on the G6 revealed anything about the direction of struggle that might have taken place during the confrontation that cost Benquist his life.

As for the transfer under the Nissan, Kisch testified that he couldn't say whether that blood came from Benaquist touching that spot during a struggle or from Scott Doll touch that spot with a bloody glove at some point.

In the middle of Cambria's cross examination, it was time for the trial to break for lunch.

Prior to Kisch taking the stand, Investigator Ronald Welker testified about his examination of a phone belonging to Benaquist and of call records associated with Scott Doll's phone.

In the week before his death, Benaquist's phone was used to make four calls to Doll's phone, the last being at 4:46 p.m., Feb. 14.

On Feb 15, Benaquist's phone received a call from Scott Doll's phone, and again at 3:06 p.m. on the day of the murder.

On that day, at 4:16 p.m. and again at 4:31 p.m., two additional calls came into Benaquist's phone -- one from his girlfriend's mobile phone and another from her house phone.

As for Scott Doll's phone, he made an outbound call at 4:01 p.m. to the Adesa auto auction house, and then his phone received a phone call a few minutes later from the National Debt Resolution Center.

A short time later, his mother Audrey Doll called, and then in rapid succession, Scott Doll's son Josh placed four calls to the number -- all of which went to phone mail, we learned in yesterday's testimony. Josh called a fifth time that night.

Don't call it "arson" just yet.

Batavia Police Detective Kevin Czora said this afternoon that just because the state's fire dog, "Shadow," detected the scent of chemicals in the old Wiard Plow building on Tuesday doesn't mean an accelerant was used to ignite Saturday's big fire.

"You're talking about the floor of an old business that used many different kinds of chemicals," Czora said.

The investigation continues, Czora said, and detectives continue to question various individuals in an attempt to figure out if the fire was deliberately set, and if so by whom, or if not, exactly what caused the fire.

A key to answer the questions will be what the state's fire lab determines were the chemicals that caught the nose of "Shadow."

Chris Barons, known to readers of The Batavian, as C.M. Barons, and a frequent critic of Assemblyman Steve Hawley, is exploring a possible run against Hawley this fall.

Barons, a Bergen resident and registered Green, met with the Genesee County Democrat Committee this week in Corfu -- a presentation that went well, according to Chairwoman Lorie Longhany.

For his part, Barons said his possible candidacy springs from the fact that people have been asking him to run, but he's not sure how viable a run would be with out Democratic support.

"Let’s just say anybody who was going to make a serious run for that office is going to have to be in one of two conduits and apparently there’s only one available," Barons said.

Barons has yet to meet with Democrats from Orleans County. He said he has also not yet been in contact with Greens.

Longhany said Barons made an impressive showing when he spoke with the Democratic Committee, giving thoughtful answers on a broad range of issues, but whether he will get the backing of the committee is unclear at this time.

He may have to switch parties to gain the backing of Democrats, but Barons said that at least in his first meeting with local Democrats, the subject didn't come up.

Longhany described Barons as a liberal libertarian with a sense of localism.

Barons, who has frequently referred to the incumbent assemblyman as "Hypocrite Hawley" for not doing more to address the serious issues in New York, said it would be a big step for him to enter a political race.

"I work and function as an average citizen and to do anything else obviously is a radical change," Barons said this morning. "But if there is an interest demonstrated in my candidacy I have made the decision to embrace that."

A Batavia man jailed on an alleged probation violation is accused of punching a Genesee County Jail guard in the face with a closed fist.

Thomas Kevin Lee, 46, a Jackson Street resident, was taken into custody after probation officers found him allegedly intoxicated, in violation of his probation terms.

At about 5:45 p.m., Wednesday, while in custody at the jail, Lee allegedly hit the guard.

The Sheriff's Office did not release information on any possible injuries to the guard.

Lee is charged with assault, 2nd, and criminal contempt.

Jurors in the Scott Doll murder trial this afternoon were shown three videos from the Adesa auction house in Akron that covered three different auto transactions central to case.

Defense Attorney Daniel Killelea walked Warren Klaus, general manager of Adesa, through the videos and procedure of auction sales.

The first video of the auction block shown to jurors was from Sept. 9, 2008. It shows the silver Pontiac G6 in the auction.

Killelea asked Klaus if he could point out Scott Doll at any point during the first two video clips. Klaus repeatedly stated that he could not identify Doll.

A clip of the green Chevy Malibu being bid on was shown.

Killelea observed a male seen throughout one of the clips.

After showing the recording from Nov. 25, 2008, Killelea asked Klaus whether the individual who had won the bid on the 2006 Malibu appeared to be Scott Doll.

Warren Klaus replied, “no, but it looks like it could be Josh Doll."

“Doll’s son?” asked Killelea.

“Yes” testified Klaus.

The third video, combined short clips that were dated from different times to help the jury better understand the auction process. After it had been shown, Klaus stated, “another Tuesday at Adesa Buffalo” to emphasize that the auction occurs weekly, on Tuesdays.

Klaus also testified that the murder victim, Joseph Benaquist, was an authorized user on Doll's Adesa account at one time, but was removed on April 5, 2004, possibly to add someone else's name to the access list.

Under questioning by Killelea, Klaus acknowledged that in February 2009, more than seven people were listed on Doll's account with auction access.

Klaus added, “Yes, I would agree, and there appears to be more than seven authorized users.” It was also agreed that multiple holds were put on Doll’s access.

Dealer agents are required to have an access card to enter the auction, which is a swipable photo ID issued by the auction house. But Klaus acknowledged the entry process is insecure and people other than the authorized agent can use a valid card to enter the auction.

Even so, he said, employees come to know and recognize regular attendees.

Klaus said he didn't remember seeing Josh Doll at Adesa auctions.

The afternoon’s second witness was Christopher Crangle, assistant branch manager of Automotive Finance Corporation (AFC).

Assistant District Attorney Melissa Cianfrini questioned Crangle regarding his company’s role in dealing with “problem accounts” including collections, and loss prevention.

Crangle was asked to explain a “floor plan” where a line of credit is extended to car dealers to purchase automobiles.

Crangle testified that AFC was in receipt of the Pontiac G6 vehicle.

It was noted that the defendant placed the 2006 Malibu on the floor plan on Jan. 8, 2009.

But Scott Doll's account was restricted and he could not add more users to his account because there were some issues regarding Doll’s personal credit.

He had four delinquent accounts, which were $16,000 in arrears.

Crangle said he had followed up with Doll to notify him of his delinquent accounts.

Crangle testified that he contacted Doll four days before the Malibu was placed on the floor plan to advise him that AFC was freezing his credit, so he could not purchase more autos with through AFC.

The last witness to take the stand was Sarah Henninger, also an assistant branch manager from AFC.

She explained to the jury that her duty involves operations, including checking dealer compliance with floor plan requirements.

The company verifies the car’s existence, to make sure the owner has not secretly sold the vehicle, by performing "lot checks" at random.

Henninger testified that during an AFC lot check conducted on Jan. 9, 2009, Doll’s Dodge Grand Caravan was not on site as required by the floor plan.

Henninger said that Scott Doll eventually brought the vehicle in to AFC because the “vehicle was missing during the lot check on the account."

When Cianfrini asked Henninger where the Dodge Caravan was located during the check, Henninger agreed that Doll had said it was “in the garage."

Henninger then contacted SF Enterprises and she personally saw the vehicle on Jan. 13, confirming it was still in Doll’s possession.

Sarah Henninger testified that Scott Doll from SF Enterprises had the account with AFC, not Joseph Benaquist.

Sen. George Onorato, a Democrat from Queens, represents no farmers and probably no farm workers, but he has reintroduced legislation that New Yorker's farmers have spent close to two years fighting and thought they had defended.

The farm labor bill is now S.7787 and Watertown-area Democratic Senator Dean Aurbertine, who successfully lobbied Senate leadership to have the previous farm labor bill moved into his agriculture committee, where it died last month, said the new bill makes only cosmetic changes to the previously defeated legislation.

In a news release, Aubertine said:

“It’s disheartening that advocates for this legislation after suffering a defeat refuse to accept the fact that this bill went through an open process, was considered and defeated by a majority of senators. Up to now a majority of Senators who have voted on this bill, voted against this bill. The process was set up by the Senate to deal with these bills and the process worked. There really is no substantive change between this legislation and the legislation that went down to defeat.”

The bill allows farm workers to form unions, receive workers compensation and unemployment benefits and provides for 24-consecutive hours of off time each week and mandates an eight-hour work day.

Farmers say the provisions would drive up farm labor costs by hundreds of millions of dollars and put many of New York's farms out of business.

Banks that are pushing customers into paperless statements shouldn't charge higher fees to customers that don't want to or can't do business electronically, says Sen. Kirsten Gillibrand.

“Thousands of seniors and families in this area do not have adequate access to the Internet or thousands more are simply not comfortable reviewing their finances electronically,” Sen. Gillibrand said in a statement.

“These New Yorkers shouldn’t be punished for wanting to receive their bank statements in the mail. My legislation will make sure that financial institutions cannot take advantage of seniors or struggling families by imposing more fees.”

Gillibrand has introduced an amendment to a banking bill that would ban fees for paper statements.

Out of the 22,700 households in Genesee County, 7,203 don't have internet access, according to Gillibrand.

In her press release, Gillibrand also cites national survey figures that say two-thirds of Americans prefer paper bank statements and writing checks for bills.

A Batavia man who drove the wrong way on a Connecticut freeway March 25, causing a fiery crash that took his own life and the life of another driver, was sober at the time of the accident, according to a medical examiner.

The Day newspaper reports that no drugs or alcohol were found in a toxicology examine.

The findings confirm reports by witnesses that Lance Lewis, 36, was driving straight and at normal highway speeds prior to the crash.

That Lewis was not under the influence is a confounding revelation to investigators, who conceded Tuesday that answers may never be found.

"At this point, we need to start investigating other reasons or other possibilities of why he drove the wrong way," state police Sgt. William Bohonowicz said Tuesday. "We might not truly ever know. However, we now have to investigate aspects of possible suicidal tendencies or medical (reasons)."

The Day's coverage includes seven audio clips of 9-1-1 calls, first reporting the wrong-way driver, then reporting the accident. On one of the calls, the caller never responds to the dispatcher, but you can hear somebody in the background yelling for a fire extinguisher.

Witnesses also say that Lewis was driving with his headlights off. One witness says that when he first went on the freeway, it looked like he realized his mistake and started to turn around. But ended up making a 360-degree turn and continued down the freeway in the wrong direction.

A car fire is reported across the street from 7890 Kelsey Road, close to Galloway Road. Town of Batavia Fire Department is responding.

UPDATE (4:59 p.m.): The current dispatch says it is not a car fire, but rather there are wires down. They are not in the roadway. This was caused when a farm vehicle, carrying an oversized load of scrap material, accidently pulled telephone lines down.

BATAVIA, NY -- Phone, insurance and auto auction records were presented to the jury today in the murder trial of Scott F. Doll, the Corfu man accused of killing Joseph Benaquist on Feb. 16, 2009.

Jacob Ebel, the retail sales manager for the Verizon store on Lewiston Road, Batavia, took the stand first and explained how to read the call records for Scott Doll's phone.

The record shows that Doll made his final outbound call on Feb. 16 at 4:01 p.m.

Later in the morning when the Adesa auto auction manager, Warren Klaus, was on the stand, it was established that the 4:01 p.m. call was to the Adesa auction house in Akron.

The phone records also show that there were eight inbound calls to Doll's phone between 5:16 p.m. and 11:04 p.m. Some of them within seconds of each other. Several of the calls were from the same number.

Ebel could not say who the inbound calls were coming from and no witness testified this morning on that fact.

A theory of the case put forward by Doll's attorney, Paul Cambria, in his opening statement last week, was that Scott Doll went to Benaquist's house after he and Josh Doll failed to show up at the auction house as planned. Doll, according to Cambria, found Benaquist barely alive. His final words, Cambria said, were "The boy. The boy." 

Cambria said then that Scott Doll began to wonder if Benaquist meant his son, Josh Doll.

Insurance record testimony was given by Ed Sager, a State Farm underwriter. He testified that Benaquist had a personal auto policy with State Farm. 

Benaquist did not have a "garage owner's" policy, which would have allowed Benaquist to use dealer plates on any car and have those cars covered while in operation.

The personal policy first covered a 2006 Chevy Malibu from Aug. 17, 2006 to Sept. 10, 2008. Starting on Sept. 10, 2008, Benaquist had an insurance policy on a 2008 Pontiac G6.

At the time of Benaquist's death, there was coverage in place in his name, on the G6, a Chevy Corvette and a Nissan Altima.

Sager did not know if Benaquist had any other vehicles insured with another company, or if he might have a "garage owner's" policy through another company, he said in response to questions from Dan Killelea, also representing Doll.

There were six vehicles parked on Benaquist's property at the time of his death, according to previous testimony.

Klaus was on the stand when Judge Robert Noonan called for a lunch recess.

During his morning testimony, Klaus said that in February 2009, Scott Doll's auto dealer company, SF Enterprises, had two authorized agents with Adesa access cards -- one for Scott Doll and one for Brandon Doll.

In previous testimoney we learned Brandon's Card was in Benaquist's wallet at the time of this death.

Klaus testified that, while it's ideal that only the person issued the card ever uses it, it is possible for an unauthorized person to use another auto agent's card to gain access to the auction.

When authorized agents enter the auction area, they first swipe their cards into a computer system.

Computer records are kept of when people arrive at the auction. If the dealer buys a car that day, a computer-stored digital signature of the buyer appears on the sales receipt.

On the receipt for the 2006 Malibu, the digital signature of Brandon Doll appears on the receipt. The Malibu was purchased Aug. 15, 2006 for $12,500 with a $250 buyer's fee. The odometer read 15,981 miles at the time of purchase.

On the G6, the car was bought at auction on Sept. 9, 2008. The digital signature belongs to Scott Doll. The purchase price was $13,300 with a buyer's fee of $245. The odometer reading was 20,483 miles.

Klaus also testified that in January 2009 and on Feb. 12, 2009, auction access to Adesa was denied to SF Enterprises because of bounced checks. In both cases, the checks were made good the next day.

According to Klaus, auctions open to all dealers are only held on Tuesdays. Once a month, on a Monday, there is an auction open only to Ford dealers.

In February 2009, only Scott and Brandon Doll had access cards for the auction. But Klaus testified that upon reviewing the printouts of his company's computer records, he found many other people also had access cards from SF Enterprises. Klaus said the list is three pages long.

An angry and belligerent Reginald M. Wilson appeared before Robert C. Noonan this morning for sentencing on his burglary, 2nd conviction.

Wilson remained adamant that he did not break into the home of an 86-year-old woman on State Street in September.

"Look at my past modus operandi, Your Honor," Wilson said. "In the past it's just been robbery. In past time, yeah, I would have robbed somebody, but sneaking in to some old lady's house, that’s beneath me. That’s a savage thing and I would never do that."

Noonan said he didn't buy the logic that a man convicted of multiple robberies wouldn't also break into a house.

He imposed the maximum sentence available, which is 15 years on the burglary, 2nd, conviction and three-and-a-half  to seven years, served concurrently, on the criminal possession of stolen property conviction.

Wilson may have avoided a life sentence because New York's persistent felony offender law was recently declared unconstitutional for the purpose of imposing life sentences.

At the beginning of the hearing, Noonan explained that because of the ruling he would not consider a life sentence.

When Wilson entered the courtroom, escorted by two deputies, shackled and wearing jail orange and shower sandals with white socks, Wilson looked out at the gallery and said, "f---king clowns."

When it came time for Wilson to review his prior felony record, Judge Noonan asked him to look at it and Wilson refused.

When Noonan pressed Wilson to look at it, Wilson said, "I know it by heart."

The document listed felony convictions in Erie and Genesee counties going back to 1993, including two attempted robbery convictions and a rape, 3rd, conviction.

When asked if he disputed any of the convictions, Wilson said only the 1999 rape, 3rd, conviction, which he said if it happened today would be reduced to a sexual misconduct charge. He also complained that he had inadequate counsel at the time.

Noonan then read Wilson's prison record, which features stints of two or three years of prison followed by a year or two of freedom.

District Attorney Lawrence Friedman noted that Wilson has a 27-page criminal history, with 14 felony convictions and 30 arrests.

Based on the record, Noonan said, he felt compelled to impose the maximum possible sentence.

You’re are a career criminal," Noonan said. "You don't have to be on the street very long before you commit another crime."

Wilson said he plans to appeal his conviction. He complained that his attorney, Fares Rumi, failed to call key witnesses, in particular Joseph Dash.

Dash, who previously pled guilty for his part in the State Street burglary, would have offered testimony that would have exonerated him, Wilson said.

Displaying sharp, jailhouse-lawyer knowledge of legal proceedings, Wilson mentioned evidentiary statutes and case law as he rattled off reasons his conviction should be vacated.

"There are other witnesses willing to testify on my behalf, Wilson said. "If this goes to the appellate division, I'm confident it will be overturned."

It will be up to an appeals court, Noonan said, to decide those matters, but he had to proceed with sentencing.

When it came time for Wilson to sign an order of protection, ordering him to stay away from the burglary victim, Wilson at first acknowledged that he would have no reason to contact the elderly woman, but then he refused to sign the document.

At that point, Noonan reminded Wilson that when his case is heard on appeal, the justices will review the transcript of the sentencing and his actions would help tell them what kind of person he is.

"You already said what kind of person I am," Wilson shot back.

Defense attorney Rumi then asked to be relieved as Wilson's attorney for purposes of a June 24 restitution hearing. He said Wilson has been uncooperative since his jury trial conviction on March 31.

Wilson said he has been uncooperative because Rumi won't turn over court documents Wilson requested.

Rumi also said he hasn't been paid by Wilson.

Noonan said they could work that out themselves, but that he wasn't relieving Rumi until and unless Rumi files a written motion.

For previous coverage of Reginald Wilson, click here.

Speed is being blamed for a truck-into-car accident on Route 77 in Pembroke at 7:11 p.m, Tuesday.

Hurt in the crash was 20-year-old Kyle A. Bilby of N. Pearl Street, Oakfield. Bilby was transported to UMMC with non-life-threatening injuries.

According to the report by Deputy Kevin McCarthy, Bilby was driving a 2000 Ford sedan south on Route 77 at an "unsafe speed" when he attempted pass a semi-truck on the right.

Bilby apparently lost control of his car and hit the truck.

The truck was driven by Alfonza R. Smith, Jr., 30, of Seneca. His passenger was Joseph E. Johnson, 42. Neither Smith nor Johnson were injured.

While McCarthy's report says that Bilby was driving at an unsafe speed, it does not list any citations issued.

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

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.

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.

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.