crime

Paul Nelson Henn, 19, of North Tonawanda, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, unlawful possession of alcohol under 21. Deputy Brian Thompson responded to a call of a suspicious vehicle parked on a property on Prole Road, Stafford. Upon arrival, Deputy Thompson allegedly found Henn in possession of marijuana, hallucinogenic mushrooms and alcohol.

Richard E. Albee, 45, of Batavia, is charged with petit larceny. Albee was arrested at 4:08 p.m., Sunday, by State Police at the Batavia Motel on Route 5. No further details were released.

BATAVIA, NY -- The testimony of Scott Doll's former corrections' department coworker was called into question this afternoon in his murder trial in Genesee County Court.

Teresa Zelaszkiewicz is a retired corrections officer who worked in the special-needs unit for at-risk offenders at the Wendy Correctional Facility.

She said she met Doll there when he applied to a job posting for that unit and was friendly with him for three years before she retired, and remains friends with him.

She testified that in the early morning hours of Feb. 17, 2009, she was asleep at home. A text message from Doll's girlfriend awakened her. After getting up and driving to the couple's house in Corfu, the two women decided they would go to the Genesee County Sheriff's Office.

Around 3:30 a.m. Feb. 17, following the murder on Feb. 16, the former coworker went to the facility and was greeted by Det. Kris Kautz. She asked to speak with Doll and was denied, she asked to meet with him a second time "out of professional courtesy" and was allowed to do so.

Zelaszkiewicz, with short-cropped, highlightened brown hair, wearing glasses, tan pants and a plaid jacket, testified that Kautz told her she could meet with Doll, but Kautz would be present.

Kautz earlier testified that that he took notes about the conversation between Doll and Zelaszkiewicz. But the witness today denied Kautz took any notes whatsoever. She told District Attorney Lawrence Friedman that Kautz did not in fact have a large yellow legal pad and used neither pen nor pencil to takes notes. Also, he had no tape-recording device.

It is hard to determine whom, if anyone, she helped by taking the stand. She was the second witness called by the defense team, but she seemed incapable of recalling facts that she testified to only minutes previously.

The pre-trial testimony she provided to attorneys was gone over. While in the holding cell with Doll, she found him shackled to the floor, sitting on a bench, equi-distant from herself and Kautz. She asked him "If his head's OK, and if she needed to call someone for him," she told Friedman.

She said Doll replied that his head was OK and he didn't want her to call anyone. Yet they discussed getting legal help and she said he told her that preferred to get a public defender. She said he told her, basically, why pay for an expensive attorney when a public defender can do the same job?

She asked if this was the way he wanted to go and he said he was not sure, adding "Look what happened to Sing (or Singh)."

She asked him if a deer were involved, he said no.

But she did not recall asking him "Please tell me there's no dead body!" which was a statement offered by Kautz.

"I asked him if there was someone else involved and he said 'I can't say...I was there but I didn't do it.'"

The relevance of notes she claimed she wrote came into play. She testified that she wrote down her recollection of the Sheriff's Office conversation with Doll in the days following the meeting on 5-by-7 inch "sticky" note cards.

But she was unclear as to whether the notes she took included her questions, his answers, or both, or whether all the converation was included, or what parts, if any, were left in and why.

The judge, outside the presence of the jury, berated the witness for clearly telling jurors she took notes about her converstation with Doll at the Sheriff's station, but later saying she has no idea where the notes are and whether they could be produced.

Noonan asked her if the case were recessed so she, accompanied by a deputy, could sort through her household goods, if there was a likelihood of finding the note cards.

She said, no, she had done so much remodeling it is doubtful she would find the index cards.

The witness said she talked with Doll's defense team on the phone at times, but she hadn't met them in person until Friday. She never informed the attorneys of the alledged notes, which only came to light on the witness stand.

A 14-year-old girl who earlier today reportedly told Batavia School Superintendent Margaret Puzio that she had been abducted as she walked to school, made the whole thing up.

Batavia Police just announced that based on an extensive investigation, including assistance from the Child Advocacy Center and the Batavia City School District, they have concluded the girl fabricated the abduction story in order to alter facts regarding her whereabouts.

The investigation continues regarding the girl's actual whereabouts and her activities during that time.

Previously:

• Reports coming in of child abduction in Batavia School District
• Allegedly abducted girl safe, but police looking for suspect
• Whether girl was actually abducted remains in question

(Updated 7:09 p.m.)

The investigation is still in its preliminary stages, but a Batavia Police spokesman today acknowledged that police have yet to verify the story of a 14-year-old girl who says she was abducted as she walked to school on Washington Avenue this morning.

"We're trying to ascertain if this actually did occur, if there was something along the lines that she made this up for some reason," said Officer Eric Hill. "We don’t know for certain, which is why we have detectives out there (conducting interviews)."

The girl first reported the abduction to Batavia Schools' Superintendent Margaret Puzio.

Puzio said she believes the girl.

The girl wandered into Puzio's office about 10:45 a.m. saying that she had been abducted by a black man, 20 to 30 years old, wearing a black, long-sleeve shirt and blue jeans. She said the abduction occurred about 7:45 a.m. or 8 a.m. in the area of State Street and Washington Avenue.

Puzio contacted Batavia Police at 10:56 a.m.

The story the girl told Puzio, she said, is consistent with the story the girl told to police.

Why the girl wandered into the Washington Avenue location of the board of education, Puzio said she didn't know. She said she assumed the girl had walked by the building many times and knew what office it was.

“I assume she decided that was a safe place,” Puzio said.

Even though the location of the alleged intersection is a busy place that time of the morning -- it's part of the route many people might take to Batavia High School -- there are apparently no witnesses to the alleged abduction.

Investigators have been canvassing the area looking for more information, Hill said.

Hill said investigators have yet to determine how the alleged abductor got the girl into his minivan.

"That's not known at this point," Hill said. "That's a question for us at this point. We don't know what happened."

It's also unclear how the girl got away from her abductor. Hill said the detectives may have information he is not aware of, but said, "she reported to us that she got away. That's all we know, or, that's all I know."

Parents were notified of the alleged abduction some time before 2 p.m. through an automated call of a recorded message from Puzio.

Parents contacting The Batavian say the message did not contain information on the status of the girl or if her parents had been notified, causing them to panic about the safety of their own children.

Puzio said the message was well thought out and she consulted with the Batavia Police Department before deciding to send out a message through the automated call system.

"We always try to err on the side of giving as much information as we possibly can," Puzio said "We certainly deliberated over whether to say anything or not. What we decided to say is what we felt comfortable with."

Asked if she was concerned that fear from this incident would wind up encouraging parents to keep the children home from school tomorrow, Puzio said, "I hope not, but it’s always good to be reminded that students, your kids, are precious and sometimes we take for granted that they know not to go near cars with strangers in them, but sometimes it’s good to have something like this to reinforce that message."

Officer Hill said that if he had kids, he would consider driving them to school tomorrow, at least until this matter is resolved.

Hill said in his five years on the force, there have been no similar incidents in Batavia. He called this alleged abduction an "isolated incident."

In an unexpected twist in the Scott Doll murder trial, Judge Robert Noonan said, outside the presence of the jury, that the accused killer will be taking the witness stand.

The matter of his testimony came up after lawyers on both sides of the aisle took issue with a witness's testimony about her conversation with Doll at the Sheriff's station. She could testify about her state of mind and what she observed and heard, but could not testify about Doll's state of mind.

That would be addressed by Doll himself when he takes the stand.

At the conclusion of the day's session at 4:30, Noonan told the jurors the case is moving along somewhat sooner than predicted. Final evidence will be offered tomorrow, with the afternoon most likely being taken up with complicated legal points between the judge and the attorneys, without the jury present.

Noonan said the jury may get the case by Wednesday afternoon at the earliest, after closing arguments are completed.

A 14-year-old girl allegedly abducted as she walked to school on Washington Avenue in Batavia this morning  was found by police today, but investigators are looking for a suspect.

The abductor is described as a black male, 20 to 30 years old, wearing a black, long-sleeve shirt, blue jeans and sneakers. He was reportedly driving a black minivan.

The girl was picked up and placed in the van, according to police, about 7:45 a.m. or 8 a.m.

The girl was evaluated at UMMC.

The investigation is in its preliminary stages and no further information is available, police said.

(Initial Report)

BATAVIA, NY -- Blood spatter on the coveralls worn by Scott F. Doll the night Joseph Benaquist was killed suggest that Doll was not the one who bludgeoned Benaquist to death, said an expert witness brought in by the defense.

It's nearly impossible, said Herbert MacDonell, of Corning, that the spatter on the coveralls and the spatter on a Ford Windstar, which Doll seems to have been driving that night came, from the same impact event in a source of blood.

In fact, MacDonell said, the spatter on the coveralls is more consistent with expirated blood (such as if Benaquist coughed it up while talking with Doll).

MacDonell postulated that if the person who killed Benaquist was holding him down with his left hand, kneeling over him, beating him using a blunt object in his right hand, then the left sleeve of the coveralls should be covered with a lot more blood than it is.

Further, MacDonell said, the back swings of the assislant would cause spatter on the back shoulder and the back leg of the coveralls, and there is only one spatter spot on the back leg of the coveralls.

The inconsistancy with MacDonell's testimony -- which was not clearly drawn out by either the prosecution or the defense -- is that there has been no evidence introduced thus far (and the prosecution has rested its case) that the murderer was kneeling and holding Benaquist down at the time of the attack.

In fact, Cambria has pursued a line of questions with other witnesses that suggests Benaquist fought for his life, causing blood transfer on two nearby vehicles, including the underside of a Nissan Altima.

It's unclear, based on today's testimony, where MacDonell came up with the assumption that Benaquist's killer was kneeling and holding him down with his left hand.

Based on his examination this morning of the blood spatter on the coveralls, MacDonell concluded that the spatter was from a blood source that had already started to clot.

Fresh blood, he said, would immediately soak into the fabric, but in this case, MacDonell said, the blood drops landed on the coveralls and didn't penetrate the cloth, sitting there, he said, "like a fried egg."

This would suggest, he said, that the person wearing the coveralls came in contact with a source of blood spatter some time after the initial attack. 

He also said the spatter on the Windstar was consistent with a stronger-force impact into a source of blood than that of the spatter on the coveralls.

Assistant District Attorney Will Zickl asked a series of questions related to possibly faulty assumptions and how a different assumption might change MacDonell's conclusions. But he never asked just why MacDonell thought the killer was holding Benaquist with his left arm.

Autopsy photos show that Benaquist received blows to the sides, front and back of his head, not just one side.

Zickl did try to impeach MacDonell's testimony by drawing out of him that he did not produce a written report for the trial.

MacDonell at first said he didn't need to produce a written report because the conclusions were obvious. He then said that in the months leading up to the trial, he only had photographic evidence to review. He said that if he had received the coveralls to examine, he would have produced a written report. Yet, MacDonell never asked to examine the coveralls and did not do so until about an hour before this morning's testimony.

Zickl also wanted to pursue a line of questioning about peer review, noting that the prosecution's bloodstain-pattern expert wrote a report and put it through technical "peer" review with a colleague of MacDonell's. But after a discussion with the jury out of the room, Judge Robert Noonan ruled that a discussion of the peer review would mean the use of hearsay.

More than a dozen parents have contacted The Batavian in the past 15 minutes saying they've received calls from Margaret Puzio, superintendent of the Batavia School District, informing them that a student in the district was abducted this morning.

Det. Rich Schauf is currently investigating the case and is not available for an interview at this time and all media calls about the case are being referred to Schauf.

At this time, no further information is available about this case.

UPDATE 2:22 p.m.: WBTA's Geoff Redick reached Puzio by phone and Puzio told Redick that "the child is with police." She refused further comment. The child, according to the pre-recorded message automatically phoned to parents this afternoon from Puzio, said the child was abducted this morning while headed to school.

UPDATE 2:40 p.m.: WBTA spoke with Det. Todd Crossett who said a girl was picked up and placed in a car on Washington Avenue this morning. Police found the girl this afternoon and she is now with police, according to Crossett.

BATAVIA, NY -- The prosecution rested its case -- meaning District Attorney Lawrence Friedman has presented all of his evidence -- on Thursday, and Monday morning opened with defense attorney Paul Cambria calling his first witnesses on behalf of Scott F. Doll.

Doll is accused of killing Joseph Benaquist on Feb. 16, 2009, in Pembroke.

During last week's testimony, Friedman presented evidence that showed the blood of Benaquist was found spattered on Doll's coveralls and the Ford Windstar he was reportedly driving that night.

The defense does not dispute that it was Benaquist's blood at the crime scene and on Doll, but Cambria does dispute how the blood got there.

In his opening remarks, Cambria said Doll arrived at the murder scene after Benaquist was attacked and heard his dying words, "The boy. The boy." Those final words haunted Doll, Cambria said, who wondered if his son Josh might have beaten Benaquist to death.

In his opening remarks, Friedman said he would ask the jurors to "connect the dots." 

Those dots include a flat tire on a Pontiac G6 that Friedman says was at the heart of a dispute between Benaquist and Doll, and a broke jack next to a Nissan Altima that had a blood smear on the undercarriage.

In cross examination of a blood-pattern expert last week, Cambria suggested that maybe that blood got there as Benaquist fought for his life, not as a stain transfer from a bloody glove of Scott Doll.

Doll was found that night walking on North Lake Road toward the murder scene carrying a jack, a lug wrench and a screwdriver.

Included in the prosecution's case were records of phone calls made to and from Doll's mobile phone, including one to the Adesa auto auction and five incoming calls from Josh Doll. 

Cambria said it will take "a couple of days" to present his case.

Daniel C. Healy, 19, of Le Roy, is charged with criminal mischief, 4th, and possession of stolen property. Le Roy Police originally responded to a disturbance call on North Street. Upon arrival, they found that Healy allegedly damaged a door inside the residence. While investigating that incident, Patrolman Robert Tygart found Healy allegedly in possession of several parking signs removed from various locations in Le Roy and Avon.

Cheryl Ann Szdlowski, 50, of Main St, Strykersville, is charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana. Szdlowski was reportedly a passenger in a car that was stopped for an alleged traffic violation on Route 77 in Darien. During a search following her arrest for alleged possession of marijuana, she was allegedly found in possession of two different kinds of controlled substances.

Brandon Cody McCoy, 19, of Angling Road, Corfu, is charged with unlawful possession of marijuana, possession/consumption of alcohol in a vehicle. McCoy was stopped for an alleged traffic violation at 2:15 a.m., Saturday, on Angling Road, Corfu, by Deputy Patrick Reeves.

Eric Lynn Skeet, 21, of Cohocton Road, Corfu, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, and possession of a controlled substance not in its original container. Skeet was stopped by Deputy Patrick Reeves for an alleged traffic violation shortly after midnight, Saturday, on Cohocton Road. Upon a search after Skeet was found allegedly in possession of marijuana, Skeet was allegedly found in possession of hydrocodone hidden in his footwear.

Craig Alan Tiberio-Shepherd, 20, of Lathrup Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, unlawful possession of marijuana, and speeding (80 mph in a 55 mph zone). Tiberio-Shepherd was stopped at 1:15 a.m., Saturday, by Deputy Frank Bordornaro on Route 5 in Le Roy, for allegedly speeding. A passenger in the car, Jourdain J. Holly, 20, of Le Roy, was also charged with an open container violation.

William Karl Vaughn, 26, of West Bergen Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, driving left of pavement markings, uninspected motor vehicle. Vaughn was stopped at 2:11 a.m., Sunday, by Deputy John Weis on Route 19, Le Roy.

Recent Genesee County Grand Jury indictments:

Christopher J. Elmore, indicted on a charge of criminal possession of a forged instrument. Elmore is accused of trying to pass a counterfeit $10 bill on Sept. 22, 2009. (Previous report on Christopher J. Elmore).

Paul D. Berggren, indicted on a charge of rape, 3rd. Berggren is accused of being older than 21 and engaging in sexual intercourse with a 14-year-old female on or about Aug. 30, 2009.

Kyle D. Faron, indicted on a charge of DWI and driving with a BAC of .08 or greater. Faron is accused of driving drunk on Akron Road in the Town of Pembroke on Jan. 23, 2010.

Wesley A. Ground, indicted on a charge of DWI and driving with a BAC of .08 or greater. Ground is accused of driving drunk on Akron Road, Pembroke on Feb. 4, 2010.

Adam D. Pattridge, indicted on a charge of DWI driving with a BAC of .08 or greater. Pattridge is accused of driving drunk on Route 19 in the Town of Le Roy on March 24, 2010.

State Police have four people on the ground and in handcuffs on the Thruway just east of the Route 33 overpass.

A witness said he saw multiple law enforcement vehicles heading to the scene at an exceptionally high rate of speed. He also said the State Police helicopter was flying low over the Thruway toward the scene.

When we arrived, there were 11 law enforcement vehicles on scene, with six of them being unmarked. A flatbed truck was hooking up a black sedan that had its trunk open.  

Eastbound traffic in the area slowed quite a bit, though was not significantly backing up.

UPDATE (Billie Owens): I heard the scanner when this call came in. The dispatcher said a black sedan (I forget the make/model) with four asian males was eastbound on the thruway after allegedly driving away from a home-invasion robbery in the Town of Amherst. Either a victim or witness followed the vehicle and alerted law enforcement.

Christopher W. Fowler, 21, of 3340 W. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, harassment and obscenity, 3rd. Fowler is accused of sending an obscene photo by phone to another person and harassing that person. While investigating the alleged complaint, Sgt. John Peck came into contact with Fowler driving on West Main Street at 6:15 p.m, Thursday. Fowler was allegedly found driving drunk.

A 15-year-old from Bethany is charged with assault, 3rd. The youth was arrested by State Police following an alleged incident at 1:45 p.m., Wednesday. No further details were released.

Janet L. Grossman, 43, of Stafford, is charged with petit larceny. Grossman was arrested by State Police on Tuesday in connection with an alleged incident on May 1 in the Town of Batavia. No further details were released.

Joshua Gonzalez, 19, of Staten Island, is charged with petit larceny. Gonzalez was arrested by State Police on Monday in connection with an alleged incident from May 9 in the Town of Batavia. Gonzalez was jailed without bail. No further details were released.

Accidents from the State Police blotter:

10:03 a.m., May 11, Ellicott Street Road, Bethany, one vehicle; Driver 1: Dale C. Burroughs, 50, of Batavia. No injuries reported.

4:57 p.m., May 11, off road/name not found, Town of Pavilion, one vehicle; Driver 1: Jeffery S. Stebbins, 43, of North Tonawanda. No injuries reported.

9:15 a.m., May 11, Thruway, mile marker 404.7, two vehicles: Driver 1: Toni S. Paul, 57, of Longmont, Colo.; Driver 2: Marvin L. Jacobson, 27, of Pavilion. One injury reported.

10:41 a.m., May 11, Thruway, Le Roy exit, one vehicle; Driver 1: Duane A. Brecke, 53, of Marshfield, Wis. No injuries reported.

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.

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.

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.

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.

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.