crime

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Anderson was jailed without bail.

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

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

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

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

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

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

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

The accident occurred at 3:52 p.m.

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

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

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

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

Photo submitted by Tom Smith.

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

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

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

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

Accidents from the State Police blotter:

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

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

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

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

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

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

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

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

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

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

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

His head was struck at least seven or eight times.

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

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

No, the witness said.

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

Yes, said the witness.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Juror Number 8 is having a hard time staying awake.

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

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

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

Noonan said he's seen the head bobs.

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

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

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

Darrell Bruce Reid, 45, of 4 N. Main St., Holley, came to court this morning, apparently ready to plead guilty to assault in the second degree -- a charge stemming from an alleged robbery in Byron in which Reid allegedly stole three long guns.

But the guilty plea process didn't proceed like clockwork, which is usually the case.

First, Reid had a protracted whisper conversation with his public defender, William Teford, when Judge Robert C. Noonan informed Reid of the maximum penalty -- four years in State Prison -- for the assault, 2nd, charge he was about to admit.

After the conversation, Reid softly said, "yes" to Noonan, acknowledging the Judge's warning.

Noonan made note for the record of the long conversation.

A few minutes later, Reid entered his guilty plea and made a factual admission to hitting a Byron resident with a 22-caliber rifle.

At the end of the hearing, Assistant District Attorney Kevin Finnell asked the judge to make the factual finding that the assault, 2nd, charge is a second felony offense. But when Judge Noonan reviewed the paperwork, he noted that the only prior conviction listed was a 22-year-old DWI conviction. That can't count as a second felony offense for sentencing purposes under state law.

Finnell said it was a mistake and that he would have further information today on Reid's criminal history.

During Reid's last court appearance, on May 3, Noonan noted that Reid had more than 100 prior arrests.

If it turns out there are no qualifying felony convictions within Reid's recent history, his guilty plea this morning will not be valid, according to Noonan.

Another appearance in County Court for Reid was set for later this week.

A former Oakfield-Alabama band teacher admitted to an inappropriate relationship with a student on Thursday thereby avoiding trial on the more serious charge of sexual abuse, 3rd.

Kerry Hoffman entered guilty pleas in Oakfield Town Court to endangering the welfare of a child and official misconduct.

He will be required to give up his teaching credentials under the terms of the plea agreement, according to Assistant District Attorney Kevin Finnell.

Hoffman made factual admissions, according to Finnell, of making several phone calls and sending several text messages to a teenage student, and to taking her to the mall without her parents permission. But he did not admit to inappropriate touching and kissing, which the girl claimed happened.

Under terms of the agreement, Hoffman will serve two months intermittent incarceration and three years probation.

Jeffrey M. Kohorst, 21, of 6105 Main Road, Stafford, is charged with menacing and reckless endangerment. Kohorst is accused of getting into a domestic dispute with a former girlfriend and her current boyfriend at the Kohorst residence. While the former girlfriend removed her property from the residence, Kohorst allegedly retrieved a shotgun from inside his home and confronted the new boyfriend demanding that he leave the property. Kohorst allegedly followed his threat by firing one shot in the direction of, and in close proximity to, the boyfriend. Kohorst was jailed on $15,000 bail.

Frank E. Finnin, 44, of 10 S. Main St., Batavia, is charged with petit larceny. Finnin reportedly was wanted on a warrant out of City Court for failure to answer an alleged petit larceny charge. Finnin was spotted by Officer Dan Coffey at 10:15 a.m., Friday, walking on West Main Street.

Timothy Lee Taylor, 35, of Batavia, is charged with criminal contempt. Taylor is accused of violating an order of protection out of Family Court that limited the number of calls he could make to his ex-girlfriend. Taylor allegedly made more than 355 calls over an unspecified amount of time.

Scot G. Judd, 27, of Albion, is charged with unlawful possession of marijuana. Judd was arrested at 9:47 p.m., Wednesday, by Deputy Kevin McCarthy, who was conducting an investigation at the Mark Trial Hotel when he found Judd allegedly in possession of marijuana.

Elizabeth Anne Holly, 46, of Le Roy, is charged with DWI, driving with a BAC of .08, driving left of the pavement markings. Holly was stopped by Sgt. Thomas Sanfratello at 2:14 a.m., May 1, for allegedly crossing the double-yellow lines as she exited Valu Plaza on West Main Street.

Taheed Makal Moffett, 25, of Rochester, is charged with conspiracy, 5th. Moffett is accused of conspiring with another person in Genesee County Jail to promote prision contraband. No further details were released.

Jeffery Matthew Kaczmarek, 41, of Darien, is charged with DWI, driving with a BAC of .08 or higher, driving left of the pavement markings, moving from lane unsafely. Kaczmarek was stopped by Deputy Jason Saile at 2:26 a.m, Saturday, on Route 20 in Alexander.

Michael James Killigrew, 21, of Corning, is charged with DWI, driving with a BAC of .08, and moving from lane unsafely. Killigrew was arrested by Deputy Jason Saile at 2:55 a.m., Saturday, on Route 20 in Bethany following a report of a one-car accident. Killigrew reportedly swerved to avoid striking a deer and his car wound up in a ditch.

Jason Guy Nichols, 37, of Batavia, is charged with criminal trespass and harassment. Nichols is accused of entering a residence on East Main Street in Batavia without permission. While inside he allegedly harassed a woman during a domestic dispute. At his arraignment in Batavia Town Court, an order of protection was issued.

Steve Mullen was the only witness called to testify in the Scott Doll murder case on Friday. He has been employed by the Genesee County Sheriff's Office for 18 years and is a sergeant in charge of the Criminal Investigation Unit.

He told the jury he got a call from Sheriff's Investigator Kris Kautz early Feb. 17, 2009 about a body found at 683 Knapp Road in Pembroke. He drove to the scene in a marked cruiser and pulled in behind Deputy Howard Carlson. Carlson's vehicle had the headlights on and they illuminated a body lying the the driveway.

With his flashlight, Mullen observed a large pool of blood around the victim, Joseph Benaquist, and damage to his skull. The body had frozen over and there was frost on his eyebrows.

The body was lying between two vehicles. Mullen requested an ambulance, as a matter of protocol, and cordoned off the area with yellow crime scene tape. A unit from the City of Batavia confirmed the death and Sheriff Deputy Chief Jerome Brewster went to the scene, calling two others to assist, Investigator Timothy J. Weis and Deputy John R. Duyssen.

"We did as thorough a search as we could in the dark," Mullen said, adding that he and Carlson checked vehicles and ran the plates through the database, looked in the house and around the property.

Mullen said he spent hours there and didn't leave until well after sunrise.

He noticed the rear tire on a Pontiac G6, which had a temporary registration, was flat. It was towed to the Sheriff's department for forensic processing, along with a Chevy Malibu.

Later that day, Mullen met Weis on Route 490 in the Town of Gates to give him some items secured as evidence to take to the public crime lab. The items included the bloody overalls, sneakers, work gloves and fireman's head sock.

On Feb. 20, investigators got a search warrant and went to Scott Doll's house at 31 E. Main St. in Corfu.

It is at this point in the testimony that tedious points of vehicle documentation ensued. At District Attorney Lawrence Friedman's prompting, Mullen said he was very familiar with car registries, paperwork and the car business because his father had a small dealership when he was growing up.

The officers found papers from Doll's and Benaquist's car business, but no book of registry. They did find two so-called MV 50 books, issued by the state, which show all the data needed to take to the DMV to transfer plates. All dealerships keep two such books, Mullen said, so one is always at hand when the other is sent to the state temporarily as required.

Friedman asked if Mullen found the paperwork showing a 2007 van belonged to Benaquist. No, Mullen said, nothing in the book matched up with the vehicle's sticker that was missing. The paperwork for an '03 Chevy TRZ was partially filled out and signed by Scott Doll.

The jurors at this point became fidgety. They yawned, blinked, adjusted their necks, rearranged their arms.

Two jurors seemed unable to give the proceedings their undivided attention.

One juror kept his eyes closed for looongg periods of time. He sat in a completely ridged, frozen-like state throughout the court session, with only is jaw moving from time to time as he chewed gum. Once in a while, his eyes actually opened.

The other guy with a questionable attention span nodded off many times during the morning. There was no court in the afternoon. His head would bob downward, stay there awhile, then he would suddenly awaken, subtly surprising himself. His head would raise up, but not for long.

When the jury took a 20-minute break a couple of people in the gallery quipped "hey, maybe he should take some No-Doze," and words to that effect.

On cross examination, Doll's attorney Paul Cambria asked if Mullen took photos during the search. No, Mullen said. Did anyone else take photos? No, Mullen replied, not that he knew of.

Cambria asked if he searched the house? Yes, Mullen said, but because they were supposed to be looking for areas where a person might be, they did not open drawers and inspect nooks and crannies.

They checked the closets and looked for Scott Doll's shoes. Did they check to see if any other man's shoes were there, Cambria asked. No, Mullen said.

Cambria said that while Mullen knew that the Pontiac G6 had a temporary registration, he didn't know the circumstances of that, did he? No, Mullen said, only what should and should not be in the book.

"But you didn't know what the deal was among the parties?"

No, Mullen said.

At Benaquist's house, did anyone photograph shoes there? Cambria asked. No, Mullen said.

Under further questioning by Cambria, Mullen said he searched around the body and found no weapons. He took part in the initial search, but not subsequent ones. He filed the murder charge against Doll sometime after 9 a.m. on Feb. 17, but Doll still had not been given access to legal counsel. No blood analysis was done, no blood-spatter expert consulted and no DNA analysis had been done.

Although Mullen was at the murder scene for up to nine hours, he didn't gather any evidence. Rather, he oversaw and assisted the evidence-collection process. Investigator Weis gathered the physical evidence and took photos. But when Weis took evidence to the crime lab, Investigator Roger M. Stone filled in as photographer. Carlson kept the case investigation log.

There were some things at the scene which apparently escaped Mullen's attention, according to his testimony after being shown a number of photos. There was a boot in the snow, later removed, that he hadn't noticed. There was a pickup truck, photographed from the back, which Mullen said he hadn't seen before.

"It's a little unusual because it had folding chairs in the back of it," Cambria said.

And although Mullen confirmed that the photos presented into evidence where "fair and accurate," he couldn't remember what vehicles were in the driveway and where they were located.

One photo showed Benaquist's hands, each encased in plastic bags to retain DNA evidence, such as skin under the fingernails, hair, etc. This is routine procedure. But forensic testing of his hands was not requested and therefore not done.

Near one of the vehicles in the driveway lies a "big, big flashlight," clearly seen in a photo. Mullen didn't recall seeing it. Cambria asked if anyone had tested it, to see how long it took a charge before it went dead. No, was the answer.

Another photo shows a car jack under the Nissan, another detail Mullen could not recall. And the Nissan, in addition to being processed for evidence at the Sheriff's station, was then taken to the State Police for additional evidence gathering, which Mullen had not been aware of until being shown a photo.

A chunk of wood in front of a tire can be seen in one photo. In another shot, it is gone and there is no evidence marker in its place. Mullen said he believes that it was photographed and marked as evidence, then removed, but he could not be sure.

Courtroom sketches by Robert Garland. Top sketch of Sgt. Steve Mullen on the stand. Inset, Judge Robert Noonan. Bottom sketch, Daniel Killelea, Scott Doll and Paul Cambria.

Two juvenile subjects are currently being questioned at Police Headquarters by Batavia Police detectives Kevin Czora and Todd Crossett.

Their parents have been called to the station.

A witness earlier informed The Batavian that he saw two youths running from the scene, and later saw those two same individuals being questioned by police.

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

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

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

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

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

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

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

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

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

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

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

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

"No"

"Did it involve an animal?"

"No"

"Tell me there's no dead body."

"I can't say."

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

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

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

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

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

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

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

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

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

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

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

Is it grandstanding? Doll asked.

"It's puffery," Killelea replied.

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

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

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

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

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

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

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

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

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

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

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

A Le Roy resident admitted in Genesee County Court today that in September he broke into a Pavilion business and damaged property there.

Bryan M Hargrave, 23, of 61 Myrtle St., Apt. B2, Le Roy, was charged with three counts each of: burglary; burglary 3rd; criminal mischief; and petit larceny.

As part of a plea bargain this morning, Hargrave agreed to admit to one count of burglary, 3rd, and one count of criminal mischief.

As part of the plea arrangement, he faces a maximum of six months in jail and five years probation.

That sentence cap could be lost if he violates the terms of his release under supervision -- an issue that apparently had him in court for a review of his bail status this morning after he allegedly violated terms of his RUS recently.

“You understand that if you do the same thing tomorrow that you did last week, you could end up going to state prison," Judge Robert Noonan said.

"Yes, your honor," Hargrave replied.

Assistant District Attorney Kevin Finnell opened the hearing by noting that Hargrave had allegedly violated his RUS terms and, after consulting with his defense attorney Gary Horton, was now ready to accept a plea offer.

Hargarve admitted to breaking into Pavilion Drainage, 6630 Route 63, Pavilion. He was also accused of breaking into B.W.'s Bar, 11070 Perry Road, Pavilion, and Willow Bend Inn, 3489 W. Main St. Road, Batavia.

As part of his plea, Hargrave agreed to pay whatever restitution is required for all charged break-ins.

James Daniel Pontillo, 43, of Stafford, is charged with harassment, 2nd. Pontillo was arrested for an incident that allegedly occurred Feb. 17 at 5122 Clinton St. Road in Batavia. The Sheriff's Office news release says Pontillo allegedly "subjected a female to physical contact." No further details were released.

Aaron J. Allen, 21, of Batavia, is charged with trespass. Allen was arrested by State Police for an alleged incident on April 7. No further details were provided.

(name redacted upon request), 22, of Rochester, is charged with DWI and with driving with a BAC of .08 or greater. Felong was arrested at 3 a.m., Thursday by State Police on the Thruway in Pembroke following a single-car property damage accident.

The camouflage overalls Scott Doll wore the night of Feb. 16, 2009 were stained with human blood, not deer blood.

His knees were so saturated that it soaked through his correctional officer work pants and stained his skin. One of the excuses he offered when questioned by a Sheriff's Deputy that night was that he butchered deer.

When first approached by a deputy, he was carrying a jack and lug wrench in his pockets, and offered contradictory statements about what he was doing walking on North Lake Road in Pembroke.

Late morning and afternoon testimony on the first day of Doll's trial -- over the killing of Joseph Benaquist in an alleged business-partnership deal gone bad -- put the accused in the vicinity of the murder scene covered with blood and unable to fully explain the situation to deputies.

Deputy James Diehl was dispatched to Pembroke after a report of a suspicious person. Doll was northbound on the east shoulder of the roadway, wearing overalls and a white firefighter's hood sock, which covered his face and head except his eyes.

Diehl testified that Doll had bulges in both pants pockets. The officer pulled up within 20 feet behind him and an object fell out of Doll's left front pocket, onto the ground in front of a mailbox.

It was a tire jack, but he made no attempt to pick it up and continued walking toward the deputy's vehicle as he was motioned to do. Doll pulled a tire lug wrench out of his right front pocket to show the officer, too.

Diehl asked the Corfu resident why he was out walking in Pembroke. Doll replied that he had parked his car at a nearby repair garage and was taking tools to a friend's house. He was walking there in order to get a cardio workout, because he had a doctor's appointment the very next day and needed to lower his cholesterol and heart rate. He wore overalls because it was cold.

The deputy noticed "what appeared to be wet blood marks" on Doll's clothing. When asked about the bloody overalls and white sneakers, Doll said "I butcher deer."

Doll retrieved the tire jack, emptied his pockets -- a wallet, a lone car key, some Seneca cigarettes, a green Bic lighter and a screwdriver. Doll asked to be taken back to his van.

Things weren't adding up, Diehl said, and he told Doll he was taking him into custody until there were some answers. The deputy cuffed Doll, put him in the back seat, and the tools on the front seat, so they wouldn't scratch up the upholstery.

They drove to where the van was parked. (It was actually his mother Audrey's vehicle, which Scott was driving because his daughter had borrowed his truck.)

Pulling into the repair shop, the deputy saw a red Ford Windstar mini-van, a blue van and a white van. He noticed bloody work gloves, palms up, on the hood of the blue van, blood spatters on the door on the Windstar and its driver's seat.

On cross-examination, attorney Paul Cambria asked if Doll tried to flee after the object fell out of his pocket on North Lake Road. Diehl answered no. Cambria asked if Doll retrieved the object when asked to -- "he didn't try to throw it in a field." Diehl said no, he retrieved it. When Doll was asked for identification, he provided it, correct? Cambria asked. Yes, Diehl replied.

Cambria asked if Diehl had noticed bloody footprints in the snow, blood on the front headlight of the Windstar, along the driver's side, to the back lights. Yes, the deputy said.

Cambria asked if Diehl heard Doll ask for an attorney. Diehl said no, but he was told that Doll had indeed asked for one. Cambria asked if, when cuffing Doll and putting him into the patrol car, he had read him his Miranda warnings? No, was the answer.

(The Miranda warnings are a recitation of a person's Constitutional rights once taken into custody.)

Next on the witness stand was Deputy Patrick Reeves, a 13-year veteran of the Sheriff's Department and a Pembroke native. He knows Doll, used to work for the Doll family at the Super Duper and later the Jubilee Market. Reeves was shift commander the night in question and met up with the two men at the car repair shop.

Reeves said there were no lights on in the parking lot. Doll's coveralls were unzipped and his hair was disheveled. He asked Doll were he was headed and Doll said to see friends, but couldn't say where they lived. He told him about doing cardio, but Reeves noticed his shoes, which were so worn out they were practically soleless, were not appropriate for that activity in that kind of weather.

Reeves shined his flashlight on Doll and saw flecks of blood on his cheek, nose and on his knees, which Doll said was "old blood." The officer knows the Pembroke area intimately, knows about hunting. He pressed Doll about butchering deer and Doll said "It's not deer blood."

At that point, Reeves said his heart was pounding.

"I was getting scared," Reeves said.

He asked Doll if there was someone out there who was injured and needed an ambulance.

"Pat, you know me better than that," Doll replied.

Reeves then noticed various "dings and dents" around the bloodied vehicle and a single set of footprints and called an investigator to the scene.

"Things weren't adding up in my mind," Reeves said. "I thought maybe he was afraid of killing a deer out of season and losing his hunting license. I told him not to worry about that. Who cares?"

Doll replied, "Listen, I got three months to retire, Pat, I don't want to talk about it."

Reeves observed blood marks on the bottoms of Doll's shoes.

"It was clear to me that there was more to this, so I walked him back to the patrol car," Reeves testified.

District Attorney Lawrence Friedman asked if Doll said he wanted an attorney.

"I don't want to talk about the blood anymore," Reeves recalled Doll told him. "... Do what you gotta do."

So Reeves asked if there was anyone he wanted to speak to and Doll said an attorney. But because Reeves remained concerned there might be a person needing immediate medical attention, he continued his line of questioning without getting Doll an attorney, and felt legally justified in doing so.

Cambria asked if Reeves and Diehl later searched the roadways looking for any evidence. They had, Reeves said, noting they looked off the shoulders, in the ditches, in nearby brush and, in some places, up to the trees.

Cambria asked if Reeves was aware, that the few houses that were in the rural area had their garbage cans out. Yes, said the deputy. Did you look in any of the garbage cans for evidence? Cambria asked. No, only in front of one house, Reeves replied, and nothing was found.

Did Reeves recall being asked if Doll said "I didn't do it"? Reeves, said no, he couldn't recall that.

But Cambria produced testimony from Reeves on a pre-trial transcript, page 100, where Reeves states "He told me he didn't do it."

Under questioning, Reeves acknowledged that he concluded the bloody footprints were Doll's.

When Doll asked for an attorney, Cambria asked, "did you give him a phone?"

No, said the deputy.

"Did you give him any opportunity to get an attorney?"

No, said the deputy.

"The request was ignored, was it not?" Cambria asked.

"At that time," Reeves replied.

Doll, who turns 48 on May 16, was flanked by his attorneys during the testimony and appeared calm and attentive, wearing a charcoal-gray, pinstriped suit. The jury of five men and 12 women were equally attentive.

Courtroom sketch from today's proceedings depicts D.A. Lawrence Friedman questioning Investigator Kris Kautz about blood evidence. The sketch was drawn by Colin Dentino exclusively for The Batavian. To view a larger version of the sketch, click here.

NOTE: This case was dimissed in July or August of 2010.

A Bergen woman is under investigation by State Police for allegedly fraudulently gaining access to an elderly woman's bank accounts and stealing thousands of dollars.

Michele Case, 45, of 7100 N. Bergen Road, has already been indicted on two counts of grand larceny by a Genesee County grand jury and faces a grand jury hearing in Orleans County.

Investigator Leo Hunter of the New York State Police said Case allegedly stole more than $35,000 from Alfreda May, a former Rochester resident who moved to Holley before her death.

Hunter said the case started when the mother of Case's boyfriend was found late one night wandering a residential street in Rochester in nothing but her nightgown looking through trash cans.

May was taken to the hospital and diagnosed with dementia, a diagnosis later confirmed by her personal physician.

Case then took May to her attorney -- "not Alfreda May's attorney, not the family's attorney," Hunter said -- and had herself made power of attorney for Alfreda May.

After becoming power of attorney, Hunter said, Case broke up with her boyfriend and began allegedly accessing May's bank accounts for her personal use.

On Dec. 6, in Genesee County, Case was indicted on two counts of grand larceny, 3rd.

The indictment alleged that between July 2004 and September 2005, Case wrote checks and made e-check withdrawals from the woman's account for a total of $10,799.

The second count alleges that while in the City of Batavia, on the same dates, Case made ATM withdrawals from May's account for $3,697.20.

Hunter is unsure when the case will be submitted to the Orleans County grand jury.