County Court

Norman Dubois was sitting on his couch, watching TV in his Middleport apartment, when Edward Dunn and Katherine Henry left the property. Hours later, he knew they had returned by the frantic pounding on his door. 

On the third day of testimony in the trial of Edward A. Dunn, jurors heard from witnesses as prosecutors continued to build their case using jail phone calls, intercepted mail, and personal accounts tied to the days preceding and following the death of 59-year-old Michael Poole.

One witness called on Friday was Lieutenant Christopher Caulfield, the interim jail superintendent in Orleans County. In his testimony, Caulfield authenticated two phone calls made by Dunn from the county jail, both on April 13, 2024.

Both calls were made to Katherine Henry.

“Oh my god, remember that game of hide and seek we played where I found you?” Henry asked Dunn in the second call.

“They found it?” Dunn asked.

“Yeah,” Henry responded. “I’m not comfortable on the phone.”

In addition to the phone calls, the prosecution introduced evidence in the form of a letter intercepted from Dunn to Henry. The letter was not opened until a warrant was signed to do so, and was opened by Genesee County Investigator Kevin Forsyth.

“I was informed on April 25th of 2024 that the letter was located,” Forsyth said.

He received the letter personally on April 29, still sealed.

When he opened it, he found five double-sided pages written by Dunn, with dates written sporadically throughout, indicating that the letter had been written over an extended period.

The handwritten letter included statements about wiping fingerprints from a bag and concerns about whether phone calls had implicated Dunn.

“He had indicated that, ‘I hope the phone calls didn’t f*** me,’” Forsyth recalled regarding the contents of the letter.

Forsyth also assisted Investigator Ryan DeLong in obtaining a search warrant for Poole’s cell phone to determine its location on the date of his death. RTT data from March 17, 2024, the day Poole died, placed the device traveling from the Rochester Road residence where Dunn and Henry had been staying toward areas in northern Genesee County where Poole’s body was later discovered.

Multiple witnesses placed Dunn and Henry at the Rochester Road residence in Middleport in the days before Poole’s death. Norman Dubois, who allowed Dunn and Henry to stay with him at that address, testified that when he met Dunn, Dunn was introduced as “Mike.” Dubois also testified that, although they had agreed to do so, Henry and Dunn paid no rent or other agreed-upon expenses.

Dubois testified that on March 17, Dunn and Henry left the apartment midday.

“Doing laundry or something,” was the reason Dubois gave the court for Dunn leaving.

They were gone for a couple of hours, Dubois said. He became aware of their return when he heard Henry frantically pounding on the apartment door.

“Frantic, upset, scared” was how Dubois described Henry’s demeanor when he let her inside.

The day’s testimonies concluded with Robert Mesler, the owner of Wild Rides repair shop on Ridge Road in Medina. Mesler’s then-girlfriend, Joselyn Burner, is the stepsister of the defendant, Edward Dunn.

Between 8:00 and 9:00 p.m. on March 17, 2024, Mesler recalled a car pulling into the driveway of his shop as he and his sons were inside.

“I told my two boys, I said that’s the vehicle that was involved with the laundromat robbery in Lyndonville,” Mesler said.

When he and his sons went outside, they saw Dunn outside the vehicle, looking through the windows of the repair shop.

When Mesler asked Dunn what he wanted, Dunn said he was there to speak with Burner.

“In nice words, I’ll say that I asked him to leave, that I didn’t want him there,” Mesler said.

Dunn returned to the car and got into the rear driver’s-side seat. Mesler then approached the vehicle and tapped on the window. The face revealed when the window was rolled down was that of Norman Dubois. Mesler noted that someone else was seated in the rear passenger seat. He didn’t recognize the individual, but said they appeared to be female.

Dubois then backed out of the driveway, Mesler testified, and the vehicle headed west on Ridge Road toward Niagara County.

The first witness of the day was Sgt. James Diehl, an investigator with the Sheriff's Office. 

While Diehl was involved with the case on the day Poole's body was found, much of his testimony focused on a search of the residence of Dubois on March 28, 2024. 

Diehl used a bed band headboard to climb into a crawl space in the attic. 

He testified that after less than a minute after looking into the attic, he spotted a knife and a shell casing. He noticed that most of the insulation in the attic was covered in dust and soot, except the area within a few feet of the ceiling opening into the attic. 

He also found a rifle partially concealed in the insulation, along with a baggie containing more ammunition.

The casing looked to be .22 caliber, he said.

When he inspected the rifle closer, he said he spotted what looked like fingerprints on the receiver.

He notifed fellow investigator Joseph Loftus. While he bagged the smaller evidence, he didn't have a bag large enough for the rifle.

Asked if Loftus was wearing gloves when Diehl handed the rifle to him, Diehl responded quickly, "I wouldn't have handed it to him at the time if he wasn't (wearing gloves)."

Diehl was responsible for logging the evidence, tagging it, and storing it, and eventually transferring it to the crime lab in Monroe County.

During cross-examination, he described the rifle as "break action," meaning it opens where the barrel and receiver meet for loading.  It was a single-shot rifle, he said, meaning it had to be opened and loaded for each shot it fired.

Howard Owens contributed to this story.

“Approximately 40, 50 times.”

That was Travis Helmer’s response when asked by the prosecution how many times he knocked on the door of the Rochester Road, Middleport residence where Edward Dunn had been staying on March 25, 2024. 

Helmer is an investigator with the New York State Department of Corrections.

On the second day of testimony in the Edward Dunn murder trial, jurors heard from multiple investigators at both the county and state level, as well as from Dr. Nadia Granger, the Monroe County medical examiner. Piece by piece, a narrative of events was assembled for the jury to consider.

Dr. Granger was the first to take the stand. She testified that she performed an autopsy on Michael Poole on March 20, 2024. Poole, she explained, had suffered three gunshot wounds—two entering beside his right ear and one entering near the outer corner of his right eye.

Granger stated that the cause of death was a gunshot wound to the head. All three shots were fired from within a distance of six inches, as indicated by soot patterns found in the wounds. She confirmed that Poole was alive after at least one of the shots, noting that blood had entered his airway and lungs.

“Mr. Poole’s lungs had areas of dark pooling within the lung tissue,” Granger said, adding that the red pooling she observed was consistent with blood from the airway.

When asked by the defense to review the toxicology report, Granger confirmed that Poole had evidence of cocaine and its byproducts in his system, along with two byproducts of marijuana and methamphetamine.

Following Granger’s testimony, several law enforcement officers described the March 25 arrest of Dunn on an outstanding warrant, as well as the March 28 search of the Rochester Road apartment.

Matthew Garber, an investigator with the Fugitive Investigation Unit at the New York State Department of Corrections, testified that he assisted in locating Dunn. Along with Helmer, he knocked on an apartment door, waiting for someone to answer.

“The door was locked,” Garber said. He explained that officers could not force entry because the apartment was not Dunn’s personal residence.

Eventually, Norman Dubois, the leased occupant of the apartment, came downstairs and stated that another person was still inside. That person was Katherine Henry. After Henry came downstairs, Dubois gave officers permission to enter the second-floor apartment.

Upstairs, the investigators found four rooms. In the last room they searched, they discovered a hole in the ceiling—covered by a flag—that led to a two-by-two-foot crawlspace. When they removed the flag, it became clear someone was inside.

“Whoever’s up there, can you make yourself known?” Helmer recalled saying.

It took 10 minutes for Dunn to respond, and five more for him to come down. He was cooperative once he emerged from the crawlspace.

On March 28, three separate search warrants were executed at the same property by officials from Genesee, Orleans, and Niagara counties.

“I intrusively started searching the upstairs bedroom of that apartment,” said Genesee County Sheriff’s Office Investigator Ryan DeLong.

In that bedroom, DeLong found a white pair of FILA sneakers that he recognized from surveillance footage related to a recent burglary. He believed the shoes were linked to other crimes in Genesee and nearby counties.

Outside, investigators searched through garbage located near the entrance to the upstairs apartment. They laid a tarp on the ground and emptied each trash bag onto it. In one bag, they found a spent .22 caliber casing. Another casing of the same caliber was found later. Both bore the letter “A” and were collected as evidence.

DeLong confirmed they also found used black nitrile gloves in the trash—gloves that law enforcement commonly use at crime scenes.

However, defense attorney Paul Vacca challenged the implication.

“People use nitrile gloves to cook, correct?” Vacca asked.

“Correct,” DeLong replied.

The day concluded with testimony from Investigator Brian Marsceill of the Orleans County Sheriff’s Office. Marsceill became familiar with Dunn while investigating a March 13, 2024, burglary of a laundromat in Lyndonville.

Though his presence at the Rochester Road residence was related to the burglary case, Marsceill assisted during the March 28 search.

“I was present while Genesee County did their work,” he testified.

Testimony will resume Friday at 9:15 a.m.

A cell phone found ringing in the center console of a truck helped investigators quickly connect Michael Poole's death to two familiar names.

In the second day of testimony in the murder trial of Edward A. Dunn, jurors heard from eight witnesses who detailed the discovery and investigation of the body of 59-year-old Michael Poole, found dead in the bed of his own truck on March 19, 2024.

According to Genesee County Sheriff’s Investigator Kevin Forsyth, surveillance footage from a March 17 laundromat burglary in Barker showed Dunn and Katherine Henry, both known to have ties to Poole, exiting Poole’s black Chevrolet Silverado at the crime scene. Investigators later matched cell phone data to that location and time, confirming that Poole’s phone was present during the burglary and later remained stationary in Alabama until it was recovered alongside Poole’s body two days later.

The footage and cell phone data formed an early link between Poole, Dunn, and Henry, Forsyth testified. He said this evidence helped investigators begin narrowing down suspects just one day after the vehicle was discovered.

Poole’s body was found in Alabama, Genesee County. According to Forsyth, when he arrived at the snowy scene, the truck was facing north and was covered by a tarp. 

“The body was still buried under a good amount of stuff,” he said, “and it was frozen there, so it took a good amount of effort to get it off the bed of the truck.”

Forsyth testified that he found Poole’s phone in the center console after only ten minutes of being at the scene. 

“As I was taking photos of the vehicle, I heard the cell phone ringing,” he said. 

He also located Poole’s driver’s license inside a wallet found in his back pocket.

The case was initially referred to Genesee County by Niagara County authorities after a missing person report and investigation filed by Poole’s father, Gerald Poole, became a murder investigation. Forsyth said he was dispatched by then–Chief Deputy Joseph Graff and was the first Genesee County investigator to arrive on scene.

Investigators later traveled to Niagara County to learn more about Poole, who was from Olcott, and began canvassing the area to gather information from anyone who knew him. 

“We were starting from zero,” Forsyth said. “We wanted to get as much information about him as possible.” 

Interviews pointed repeatedly to Dunn and Henry, with Forsyth noting, “He would give Katherine Henry more rides than most people.”

A search warrant was later executed at a residence on Rochester Road in Middleport, where Dunn and Henry had been staying. Inside, officers found Norman Dubois, who was brought to the Orleans County Sheriff’s Office for questioning.

Henry was arrested earlier on March 19 at Lockport Hospital after overdosing. Investigator Forsyth testified that they feared she might overdose again before more evidence could be obtained, and opted to bring her into custody early.

The day the body was discovered, Niagara County Sheriff’s Captain Tracy Steen arrived at the scene after a vehicle linked to the missing person case pinged nearby. She described seeing blood in the front seat and a cluttered truck bed. About 20 minutes into the search, she received a call alerting her to the discovery of the body, which led to the case being handed off to Genesee County as a homicide.

Karen Lang, a certified legal medical investigator and coroner for Genesee County, testified that Poole’s body was mostly covered when she arrived. It had already been partially uncovered by a colleague, Don Newton Jr., but Lang helped remove the frozen body from the truck bed and turned it over to the Monroe County Medical Examiner.

Once the vehicle was towed to the Genesee County Sheriff’s garage, forensic analysis began. New York State Police Investigator Kyle Folts described using luminol to test the interior and exterior of the truck for traces of blood. The chemical glows blue when it reacts with hemoglobin.

“The glowing is presumptive evidence of blood,” Folts said during his testimony.

The chemical revealed glowing areas around the steering wheel, the driver’s seat, the bed liner, bed rail, and the fender, as well as in the bolts holding  Folts noted that the chemical can react to all blood, not just human, and admitted he was unaware of whether any confirmatory tests were later performed. No blood was detected on the roof, doors, or windows.

Back at the garage, Investigator Howard Carlson of the Genesee County Sheriff’s Office assisted in the vehicle inventory. He testified that the truck was filled with more items than any vehicle he had previously processed.

“This is the one that has had the most property I’ve seen inside a vehicle,” Carlson said.

He explained that the rear seat area was so densely packed it had to be divided and processed in two sections—unlike typical cases where it could be inventoried as a single unit. Carlson followed the vehicle as it was transported on a flatbed and later assisted in moving items while another officer took photographs. According to Carlson, he had seen a Wegmans gift card holder wedged between the driver’s seat and the center console; when he picked it up, a shell casing fell out. No removable items were swabbed for DNA or fingerprint analysis.

Press release:

The membership of SCOPE, Genesee County Chapter, has had the opportunity to interview both candidates running for Genesee County Court Judge, to replace retiring Honorable Charles Zambito -- Melissa Cianfrini and William Zickl.

Both individuals have impressive educational credentials and work records. Cianfrini has an extensive history mostly in civil litigation with some experience at the Genesee County’s District Attorney’s Office. Zickl's major area of expertise has been in criminal law working with the Genesee County District Attorney’s Office for several years and recently moving to the County Court as Judge Zambitos’ assistant. 

Being an independent organization, SCOPE reviews qualifications and work history only. Bearing this in mind, and after a thorough review of both individuals' history, we have made the following determination.

As a result of his work experience, and knowledge of criminal law, along with his longstanding service to the community, we would rate Zickl with an A+. Cianfrini's lack of work experience in this field would be rated at a C level. 

We wish both candidates good luck in their future endeavors.

It's been a tough year for stenography in the Genesee County Court and today three cases came before Judge Charles Zambito dealing with stenography issues.

Two stemmed from a previously reported stenographer's mistake while transcribing grand jury proceedings -- that stenographer inappropriately taped the proceedings.

Another defendant appeared before Zambito today because an appeals court overturned his conviction on a burglary charge because a part of the transcription of his jury trial was not preserved for review.

In the People vs. Victor J. Grimes, Grimes was convicted at a jury trial in August 2016 and subsequently sentenced to seven years in prison.

He's served 44 months of that sentence. 

Last week, a state appeals court ordered a new trial -- even while finding evidence was sufficient for conviction -- because a stenographer's error on the final day of the trial meant relevant notes in the case were not preserved. Since the court then didn't have the final day's transcription, the court couldn't review the proceedings to ensure the trial court complied with specific procedures. 

In the trial, Grimes was represented by retained counsel. He's now represented by Lisa Kroemer of the Public Defender's Office. Kroemer asked for time to review the case and speak with District Attorney Lawrence Friedman before a new date for the trial is set. 

Judge Zambito ordered Grimes held on $25,000 bail or $50,000 bond pending his possible trial.

The other two stenographer-related cases heard today were People vs. Antwan Odom and People vs. Richard Hanes.

Odom is accused of knifing Ray Leach. Hanes is charged with murder in the beating death of Ray Morgan. 

Friedman asked the cases be placed on the docket because he wanted to get on record what the defense attorneys intend to do regarding the mistaken recording by the stenographer of grand jury proceedings in those cases.

The attorneys for Odom and Hanes took decidedly different approaches.

Odom is represented by Buffalo attorney Frank Housh. Housh with his own unique sartorial style at every court appearance, walked into court today in seersucker slacks and robin's-egg blue sports jacket. And when pressed about how he intended to proceed, raised his prior complaint that Friedman is conducting a dual prosecution, one against his client and one against him.

In May, Housh made statements to local media that Friedman considered a violation of professional standards and risked tainting the jury pool. Friedman asked for a gag order and Zambito issued a temporary gag order but lifted it last week, citing an objection on free press grounds by "the media" (in this case, The Batavian). 

Zambito did rule against Housh's motion to have Friedman removed from the case because of this alleged "dual prosecution."

Besides the request for a gag order, Housh said Friedman has also filed a grievance complaint with the state bar against Housh. 

Housh contends -- without presenting proof -- that everything Housh says or does in the case is forwarded by Friedman to the state bar.

For that reason, Housh said he has not made the trip to the District Attorney's Office to review the case file on the stenography issue because, he said, he would need to bring his attorney with him.

Housh has repeatedly threatened to withdraw from the case because of this "dual prosecution" but so far has not withdrawn.

Today he asked Zambito for a summary judgment dismissing the case against Odom because, he said, in a prior answering brief, Friedman stated the grand jury process was legally constituted when in fact Friedman, he said, new about the inappropriate recording of the proceedings.

After more discussion, Zambito agreed to meet with the attorneys in his chambers for an on-the-record but closed-door discussion about the issue.

Out of that meeting, it was agreed, as stated in court later, that Housh would file a motion and there would be a hearing Aug. 5 (instead of the trial starting on that day) on the defense motion.

In contrast to the approach of Housh, Fred Rarick, representing Hanes, was willing to stipulate in court that prior hearings on this topic -- including one in the Jennifer Serrano case -- established the facts of the incident and those same facts could be entered into the Hanes case and Zambito could issue a ruling based on the facts and evidence already presented.

On previous cases, including Serrano, Zambito ruled that stenography issue did not invalidate the grand jury proceedings.

Outside of court, Rarick said he saw no point in going through another hearing where the same facts and evidence would be presented that are already on the record knowing that Zambito is unlikely to rule any differently than he has previously.

By getting the prior hearings submitted as evidence in the Hanes case, without objection from Friedman, he has preserved any possible appeal over the issue for his client should Hanes be convicted at jury trial.

In his legal career, Charles Zambito has been a clerk for a county court judge, a defense attorney, a prosecuting attorney, an attorney in private practice and a county attorney, and last night he took the oath office for what he said may be the most significant role an attorney can play in a democratic society: a County Court judge.

Elected without opposition in November, the lifelong Genesee County resident who resides in Elba took the oath administered by Wyoming County Court Judge Michael Mohun while surrounded by his family.

After being sworn in, Zambito delivered a few remarks.

Judges, he said, play a vital role in protecting the freedoms we all enjoy. Yes, the court is indispensable in protecting law-abiding citizens from those who break the law and providing for victim's rights, but judges must also safeguard the Constitutional rights of those accused of crimes, as well, in order to ensure the rights of us all are protected. 

"It’s just as important if not more important for a judge to be aware of that," Zambito said. "Without an independent judiciary, you wouldn’t have that. It’s really the foundation of a democratic society."

When discussions about his swearing-in ceremony came up, Zambito said his first impulse was not to make much of it, but his friends, including Mohun, who will serve as his mentor, impressed upon him the idea that the job isn't just about him.

"It’s about the position that a county court judge has in the community and the importance and significance that has, not only in this community but in all communities across the state and the country," Zambito said.

Attorney Ben Bonarigo, outgoing president of the Genesee County Bar Association, delivered a few opening remarks in praise of Zambito's service to the community.