batavia

There's a horse show going on at Batavia Downs. Riders from all over the northeast are in Batavia to test their skills and display their handsome mounts. If you've missed it, the show continues Sunday at 7:30 a.m. until 5 p.m.

More photos after the jump:

A car fire, fully involved, has been reported at 6 Central Ave., Batavia.

City Fire responding.

UPDATE 6:57 p.m.: Fire's out.

View Larger Map

A Rochester man accused of purposely setting a fire in order to kill his ex-girlfriend's father could have some of the DNA evidence reportedly being used against him re-examined by an out-of-state forensic lab, Judge Robert C. Noonan ruled today.

Andre L. Scott, 30, of 2323 Spencerport Road, Rochester, is in Genesee County Jail on high bail while his attorney Thomas Burns prepares for a trial on attempted murder, burglary and arson charges filed against Scott.

Scott is a accused of purposefully setting a fire at 12 Elm St. on Jan. 24, 2009. He was arrested in August.

Because Scott cannot afford an attorney, Burns is his appointed counsel. The DNA testing, private investigator and  expert witnesses Burns might call are being paid for by the county.

One glitch in getting new DNA tests is that there may not be enough of sample left from the original evidence to properly test it. Burns is researching that matter.

The samples come from a Clorox bleach bottle found at the scene of the fire and a book of matches.

Noonan noted that the DNA tests could cost a substantial amount of money, but given the seriousness of the case, he was mindful of "the importance of sufficient preparation for the defendant to be ready for trial."

The expense could including bringing in a forensic expert to testify about the findings from the lab in Massachusetts.

The private investigator will not be a significant expense, Burns said.

Scott has until June 30 to accept a plea bargain, or go to trial on Aug. 23.

Batavia Police detective Todd Crossett is conducting interviews today, trying to determine who was involved in an aggressive attack on at least two people at 112 State St. last night.

One person was hospitalized with "significant" but non-life-threatening injuries, Crossett said. Another person was transported to the hospital for evaluation.

From five to six people entered 112 State St. with baseball bats, Crossett said, and the attack may be related to a fight -- possible retaliation -- the night before.

No arrests have been made.

The incident does not appear to be gang related, Crossett said.

Batavia detectives do not believe there is actual gang activity in the city. Any individuals in the city who appear to gang members -- from the colors they're wearing or sports paraphernalia they're wearing -- seem to be people from larger cities visiting friends and relatives in Batavia, but do not appear to be here to establish operations.

A wire down across the roadway has required the temporary closure of State Street near the Thruway.

In an audit of New York's five regional off-track betting operations, Comptroller Thomas DiNapoli warned that OTB wagering has dropped precipitously over the past five years, threatening the viability of the OTBs.

Western OTB comes off a little better in DiNapoli's audit, primarily because the gains in video slot operations are more than offsetting the declines in horse wagering (full Western OTB report (pdf)).

Western OTB Corporate and Branch Operations has experienced a 10-percent ($15.6 million) decline in net handle (total amount bet) over the past five years. And through May 2009, its net handle was down over $5 million compared to the same time the previous year. In addition, live racing and inter-track wagering at Batavia Downs were down 7.6 percent in 2008 from the prior year and have decreased 25 percent since 2005.

However, the corporation’s new video-gaming facility has generated additional revenue for the OTB. As a result, operating revenues increased to more than $21 million in 2008 compared to nearly $17.6 million in 2004, a 19-percent hike. These increases have significantly affected revenue distributions to local governments, which have grown from almost $3.9 million in 2004 to more than $4.9 million in 2008.

In the report on Western OTB, DiNapoli expresses concern that VTL gaming could level off or decline, depending on the economy or changing competitive issues.

The Buffalo News received a written response from OTB President Martin Basinait, who said WOTB is "somewhat more optimistic."

But he said a number of changes can be made in state law to make the OTBs more competitive, such as changing the formula by which revenues are shared with tracks.

Basinait noted other past warnings from the state comptroller's office, including a 2005 report that found the OTB did not properly plan for the possibility of failure of Batavia Downs and the casino. He said the success of the casino has shown it was "not due to happenstance."

Basinait said DiNapoli's red flags about the future economic health of the OTB's casino are "unwarranted."

Law enforcement is responding to 112 State St., where reportedly five individuals with baseball bats and pipes entered the residence.

At least one person is on the floor requiring medical assistance.

The people with baseball bats and pipes may still be in the area.

One person was struck with a pipe and another person is having a seizure.

Mercy EMS is being dispatched, but the scene is not yet secure.

Now, they're reporting the victims are at 5 Lewis Place.

A third victim is now reported on Hutchins Place.

View Larger Map

BATAVIA, NY -- Following a conviction for murder, 2nd, by a jury of 12 honest Genesee County residents today, Corfu resident Scott Franklin Doll, 48, is facing a possible state prison sentence of at least 15 years to life for beating to death Joseph Benaquist, 66, on Feb. 16, 2009.

"How do you find the defendant, Scott F. Doll, charged with murder in the second degree, guilty or not guilty?" a court clerk asked the woman appointed as jury foreperson. The woman answered "Guilty," and people on both sides of the aisle in the courtroom let out  gasps.

At least two women sitting on the defense side began to cry and sob immediately, with at least one person rushing from the courtroom in tears.

Judge Robert C. Noonan set July 2 as the sentencing date and Doll, who came to court in a pressed blue suit, stood motionless as the verdict was declared. He displayed no emotion as he was escorted from the courtroom by deputies to a holding cell in the courthouse.

His attorney, Paul Cambria, met with him privately for about 20 minutes after the verdict and said later that Doll's first words were, “I’m an innocent man and I’ve just been convicted of a crime."

Cambria said there will definitely be an appeal.

"We have a very strong issue on appeal that we intend to pursue," Cambria said. "I’m going to look forward to this conviction being reversed and for us to retry this case at another time."

Cambria's main point of appeal, he said, is the continued questioning by investigators after Doll repeatedly asked to speak to an attorney.

"New York State has the strongest right-to-counsel law probably of all 50 states," Cambria said. 

Doll asked for an attorney very soon after being confronted by Sheriff's Deputies on North Lake Road on Feb. 16. 

In pre-trial motions, District Attorney Lawrence Friedman argued that under what is known as the "emergency doctrine" -- when investigators believe they must get information from a person in order to save a life -- they can continue to question a suspect who has asked for an attorney.

Cambria will likely challenge the use of statements by Doll against him at trial, especially, perhaps, those made after Benaquist's body was found and the emergency doctrine might no longer at issue.

Both Friedman and Sheriff Gary Maha were clearly pleased with the outcome, stating that the right verdict was reached.

"We just hoped the jury would see the truth and see past the defense that was raised," Friedman said. "We are very pleased with the outcome."

Maha said there was never any doubt in his mind that Doll was the killer.

"He lied from the beginning," Maha said. "There was no way he was telling the truth in his testimony. Based on what I saw at the scene, the amount of blood, there is no way he could explain that without being involved."

Maha characterized Cambria's closing argument as fabrications and speculation.

"There is no evidence there at all," Maha said. "I think the jury saw through that and concentrated on the evidence and came out with the right verdict."

Friedman, in his closing argument, called Cambria's defense theories, "speculation." Cambria said after the verdict today that he found Friedman's characterization ironic.

"They (the prosecution) do that all the time (claim "speculation")," Cambria said. "That’s a standard argument that is made. It’s interesting that when that argument was made, the District Attorney then went into all of these various scenarios that no one testified about and we thought, ‘Where’s the speculation coming from?’ Talking about people under cars and the jacks and there wasn’t any of that  evidence in the case."

What the case came down to, Friedman said, was Doll's motivation kill Joseph Benaquist.

"As I said in my opening and my closing, it was all about cars and money," Friedman said. "I still believe that’s the case. Whether this was a premeditated murder for those reasons or whether there was an argument that led to this happening, I firmly believe that’s what it was about."

Even though he isn't happy with the verdict, Cambria -- who has had an unshakable faith in Doll's innocence for 15 months -- said he still believes in the system.

"I have never criticized the system," Cambria said. "I believe in the system. I obviously think the verdict was the wrong one. I can’t recall a case that I’ve had that had as many reasonable doubts as this case had."

Joe Benaquist's stepsons, John and Josh Garcia, said they felt it was nice to see the system work.

"It doesn't bring our dad back," John said, "but it does bring a little closure."

Joe's girlfriend, Judy Scott, said, "My heart goes out to Scott's family. They don't deserve this. They seem like a good family."

She declined further comment.

Friedman credited volunteer firefighter James Waff with making the key difference in the case.

"Right from the start of this case, having a citizen call in a suspicious person walking down the road and doing the right thing  -- look what it led to," Friedman said. "I’m not sure how this case would have turned out if that person had not made that phone call to the Sheriff’s department."

Photos: Top, Lawrence Friedman; first inset, Sheriff Gary Maha; second inset, Paul Cambria; Bottom, Cambria and Daniel Killelea exit the Genesee County Courtroom to meet with the media.

BATAVIA, NY -- A jury of 12 Genesee County residents has found Scott F. Doll guilty of murder, 2nd.

The jury began deliberations around 2 p.m., Wednesday and took a recess at 5 p.m. The jury returned to deliberations at 9 a.m. and notified Judge Robert C. Noonan that it reached a verdict just before 4 p.m.

MORE TK

Submitted by Laura Russell Ricci:

On Tuesday, May 18th, 2010 GCASA honored winners from schools throughout Genesee County at our Annual Poster Contest. Pictured are our winners: Caitlin Napper, Aidan Berne, Aiden Sisson, Gemma Bochicchio, Stephanie Hoy,  Jacob Cryer, Laura Winspear, Austin Hynes-Fisher, Michael Shepard and Grand  Prize winner Sarah Scott. Our other winners not pictured are Nathan Moore and  Olivia Marchese. Congratulations to all of the students!

This weekend, the Batavia Players will bring to the stage a much-loved play by one of Britain's wittiest writers: "The Importance of Being Earnest," which is among Oscar Wilde's best-known works. The satire is centered around the mistaken identities of best friends Jack Worthing and Algernon Moncrieff after both assume the name "Ernest" for their own romantic advantages, and it backfires in a surprising plot twist.

"I like his literature," says director Justin Soble of Wilde. "He's famous for comedies in which he satirizes society. And I like British comedy. It's kind of my acting niche. So when the chance came up to direct it, I jumped." 

This is Soble's first time directing, although he is no stranger to the stage. This will mark his 20th theater production, many of which have been with the Batavia Players.

His first directing experience hasn't exactly been a perfectly smooth one, as several weeks ago the show experienced a surprising plot twist of its own: a change in venue. "Earnest" had been scheduled as the first show to be performed in the Batavia Players' new black box theater on Harvester Avenue, but the theater wasn't finished on time. The new venue is John Kennedy School.

"It's definitely different because a black box has three sides, and a proscenium setup only has one," explains Soble. "It was going to be the perfect size. But we realized two weeks ago that we weren't going to be able to do it there, and we started coming here last week. It's very different."

Charles Smith (pictured above with Katelyn Rogers), who has the role of Jack, says that although it "took a couple rehearsals to switch over," overall it is "easier to do the proscenium style because people rarely do black box."

Smith, an 18-year-old Batavia homeschooled senior, is sharing the stage with his 16-year-old brother Matthew, who is playing Algernon. The two have appeared in numerous local theater productions, most of them being with Shakespeare in Springtime and Go Art! Summer Youth Theater. Both agree that they enjoy playing opposite each other onstage.

"It makes it a whole lot easier," says Matthew. "All the stuff we do all day, every day at home, we do onstage." 

What makes it even more natural is the similarity of their characters to their real life personalities.

"My character is very serious and reserved," says Charles. "He doesn't like to have fun."

"And I'm the opposite," adds Matthew.

"That's how it is in real life, too," explains Charles.

Performances will be at 7:30 p.m., Thursday through Saturday, at John Kennedy School, 166 Vine St. in Batavia. Tickets are $10 general admission and $8 for students and seniors. Tickets are available to purchase online at www.bataviaplayers.org, at the door, or by calling 1-866-967-8167.

Kathyrn D. Decker, 26, of 2250 River Road, Caledonia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Decker was allegedly observed at 2:40 a.m., Thursday, by Sgt. Michael Hare of the Le Roy Police Department speeding on West Main Street in Le Roy.

Tiffany Marie Sheffer, 19, of Transit Road, Stafford, is charged with petit larceny. Sheffer is accused of stealing $66.95 in merchandise from Target. She was arrested at 3:45 p.m., Wednesday.

Alex Patrick Brasky, 19, of Clifton Avenue, Batavia, is charged with unlawful possession of marijuana. Brasky was charged following a traffic stop in the area of 301 Oak St., Batavia, by Deputy James Diehl at 11 p.m., May 12.

Aaron J. Horn, 35, of Fairport, is charged with unlawful possession of marijuana and aggravated unlicensed operation. Horn was arrested by State Police in Stafford at 9:50 a.m., Tuesday. He was jailed on cash bail. No further details available.

Michael C. Tunley, 39, of Bergen, is charged with DWI, driving with a BAC of .08 or greater, motor vehicle registration suspended and aggravated unlicensed operation. Tunley was stopped by State Police at 3:05 p.m., Tuesday, on Route 33 in Stafford.

BATAVIA, NY -- On Wednesday, Paul Cambria, defense attorney for Scott Doll, and District Attorney Lawrence Friedman, presented their best arguments for guilt or innocence to a jury of 12 Genesee County residents.

Below are what they said about some of the key points and facts in the case.

Motivation
Cambria argued that the People were unable to make a solid case for Doll to have any motivation to kill Joseph Benaquist.

"No one family member ever came in to say there was a dispute between Joe and Scott," Cambria said. "Did anybody from Adesa come in and say ther ever saw Joe and Scott have a cross word? Did anybody from corrections come in and say there was ever a problem between these two? Did any friend or the girlfriend of Joe Benaquist come in and say there was a cross word between these two men? No. Because they were friends."

Friedman said Doll's financial difficulties led to him taking resale control of a Malibu that Benaquist once drove -- to the point, Friedman said, of forging Benaquist's signature on the title -- and Doll never transferred title to a Pontiac G6 to Benaquist.

"If it (the G6) is sold at auction, it's paid off and he gets to keep the (extra) cash for himself," Friedman said. "The title never went to Benaquist. The defendant had the ability to sell the G6 and keep the proceeds for himself."

Doll had debts as high as $28,000 and was working with a debt-resolution company. Cambria pointed out that if the company delivered on its promises to Doll, the debt would have been reduced to $15,000.

As for money owed on the G6, Cambria said, the only issue just prior to Feb. 16, 2009 -- the night Benaquist was killed -- was a $1,500 payment that was due, and that payment was made automatically that day from Doll's overdraft account at Adesa.

The payment wasn't an issue, Cambria said.

Friedman argued that Doll forged a signature on the title for the Chevy Malibu -- a forgery that if discovered could lead to his dismissal, just three months shy of retirement, from the Department of Corrections. Furthermore, Doll never applied a $10,000 payment from Benaquist to his credit account at the Adesa auction as he should have, thereby denying Benaquist the ability to take title of the Pontiac G6.

No Weapon
Law enforcement searched three times in the area of North Lake and Knapp roads for the weapon that might have been used to bludgeon Joseph Benaquist to death. The weapon was never found, Cambria argued.

It defies common sense, according to Cambria, that Doll would have disposed of the weapon, but not the blood-stained coveralls he was wearing, his bloody sneakers or the blood-soaked gloves he left on the hood of a car the night of the murder.

"There was no weapon found because the person who beat Joseph Benaquist took the weapon with him," Cambria said. "Common sense tells you that if you beat somebody up and beat them like this, would you stick around, would you be walking back to the scene if you had just beaten somebody to death, or would you be out of there and take the weapon with you?"

Cambria argued that it wasn't logical that Doll would dispose of a weapon, but not also ensure that his gloves, shoes and coveralls wouldn't also be hidden. He argued that it wouldn't make sense for Doll to dispose of the weapon, but then return to the murder scene with no gloves, which would mean he would leave behind fingerprints.

The lack of a weapon didn't trouble Friedman. There are any number of ways, and plenty of time, potentially, for Scott Doll to drive to any number of possible spots to get rid of the weapon. The defense wants jurors, Friedman argued, to jump to the assumption that Doll drove straight from finding his buddy dead to the location where his van was eventually found, but there is no evidence, Friedman argued, that Doll did that. He could have driven anywhere before heading to the corner of Main and North Lake roads to park the minivan.

No call to 9-1-1
When Scott Doll arrived at the murder scene, in his version of events, he rushed to his buddy's side.

Which brings up the question, according to Friedman: Why didn't he call 9-1-1?

Doll was a corrections officer. He had training in emergency situations.

His friend was obviously seriously wounded. Sure, he would rush to his side, Friedman argued, but a reasonable person would first call 9-1-1.

But there's no evidence that Doll ever made such a call.

Doll testified that after Benaquist died, he approached the Knapp Road house, found the door partially opened, and retreated in fear, going to the Main Road location in the Windstar.

Doll testified that he was trying to figure out what to do and that he figured he needed to do something.

Why not call 9-1-1?

Why not call when he first got to the scene, or why not as he drove away? Friedman noted that it wasn't until he was walking back to the scene on North Lake Road that the thought first came to Doll that his son might be involved.

So why not call 9-1-1 if Doll wasn't guilty and it hadn't yet occurred to him that his son might be involved?

This wasn't a point addressed directly in Cambria's closing remarks.

Evidence of a struggle
Cambria argued that the evidence shows a sign of a struggle, from the defensive wounds found on Benaquist's hands to the blood transfer stains on the Nissan Altima and the Pontiac G6.

If Benaquist fought for his life, why isn't there a scratch on Doll, Cambria argued. There were no wounds on Doll, his clothes were not torn and there wasn't much blood on his coveralls to suggest a struggle, Cambria sad.

"if you were involved in something like this, there would be something on you," Cambria said. "There would be a torn piece of clothing, a bruise, a cut, something, and of course, there's no evidence of that."

Friedman countered that there was no struggle because Benaquist was ambushed.

"There is absolutely no evidence that there was any kind of struggle," Friedman said. "There is no evidence Joe Benaquist fought with is attacker. This was a one-sided ambush, a vicious attack on a 66-year-old man by a man 20 years younger."

Cambria complained that nail clippings from Banaquist were not examined for DNA. Friedman said there was no DNA examine because there was no reason to believe the examine would yield any useful evidence.

Bloody Knees
Nobody disputes that the knees of Doll's coveralls were soaked in blood.

Cambria argues that there are only two ways Doll's knees could get so saturated with blood that it soaked through to his skin.

One is that Doll arrived after the attack and knelt down next to his dying friend, just in time to hear his dying words. The other is that Doll was on his knees while beating Benaquist.

The problem with the second explanation, according to Cambria, is that it would take Benaquist a long time to bleed out enough to create the pool of blood that would saturate the knees -- and what murderer would stick around that long on his knees.

And, if Doll did attack Benaquist and was on his knees to do it, there would be blood spatter on the back of the coveralls because of the required motion of the arm holding the blunt object used to beat Benaquist.

From Friedman's view point, there is nothing in evidence to support the assumption of the defense's expert witness that the attacker was on his knees while beating Benaquist. He also pointed out that Herb MacDonell testified that the absence of evidence doesn't mean there is evidence of absence. Meaning, just because you don't find something doesn't mean it should have been found.

Friedman's explanation for the bloody knees relies on an autopsy report that Benaquist was dragged across the driveway after the initial attack. There were scrapes on his back. Perhaps, Friedman argued, Doll dragged Benaquist from under the Altima over toward the G6.

Cambria took issue with the idea that Doll could be on his knees and drag a 220-pound man that far.

Expirated Blood vs. Impact Spatter
According to Friedman, the prosecution's bloodstain-spatter expert, Paul Kisch, said there was no expirated blood -- meaning blood breathed out through the mouth onto a surface -- on the coveralls worn by Scott Doll.

Kisch testified that all of the spatter came from an impact event.

The impact event, Friedman said, was a blunt object hitting Joseph Benaquist, causing spatter on both the coveralls and the Ford Windstar minivan Doll was driving.

Friedman drew a sharp comparison between Kisch and the defense bloodstain-pattern expert, Herbert MacDonell. Kisch studied all of the evidence and all of the reports. He wrote a written document detailing his findings. It was peered reviewed.

MacDonell, on the other hand, took no notes, wrote no report and didn't even physically examine the coveralls until the morning of his testimony.

But Cambria argued that was all the time MacDonell needed to look at the coveralls under his microscope and determine that the spatter on them was from clotted blood, meaning it could not have been blood produced at the time of the attack.

Cambria said MacDonell believed it was expirated blood and criticized the state's crime lab for not testing the spattered blood for saliva, which would better answer one way or another whether the spatter was expirated or from impact.

That test was unnecessary, Friedman argued, because the physical evidence, as Kisch testified, was clearly in favor of impact spatter. Kisch, unlike MacConell, actually read the medical examiner's report, which said there was no blood in the throat or mouth of Benaquist, and no significant amount of blood in the area of his mouth, meaning it was easy to rule out expirated blood.

Blood on the Windstar
According to Friedman, Kisch testified that the blood on the Ford Windstar Scott Doll was driving the evening of Feb. 16, 2009, was clearly impact spatter that came from an impact event in Benaquist's blood. That impact event, according to Friedman, was the blunt-force attack on Benaquist.

The impact spatter on the Windstar unequivocally places the Windstar at the scene of the attack, according to Friedman.

Cambria argued that his bloodstain-pattern expert said that it was impossible for spatter drops as small as those found on the Windstar to travel more than four or five feet. And photographic evidence showing Scott Doll's bloody footprint in the area where the Windstar would have been parked, was much further than four or five feet from the spot of the attack.

Also, Kisch testified that the spatter marks hit the back fender of the Windstar at a 90-degree angle. But Cambria showed a photograph of Benaquist's body behind the G6, with the Altima pulled slightly behind it. That would indicate that if the blood spatter from the attack could reach the Windstar at all, it wouldn't have done so at a 90-degree angle.

Cambria also argued that a spatter stain on the headlamp of the Windstar wasn't impact spatter, but clearly a transfer stain.

Friedman said that Herb MacDonell never offered any sort of explanation for how the blood got onto the Windstar.

Scott Doll's Statements
The statements Scott Doll made immediately after coming into contact with law enforcement the night of Feb. 16, 2009, were either the statements of a man trying to figure out what was going on and trying to buy time to figure it out, or they were the statements of a man trying to hide a crime and tacitly admitting his guilt.

If you believe the case put on by Paul Cambria, Doll said nothing that admits any degree of guilt.

On the other hand, Friedman argues that Doll's statements were A) cold and calculating, aimed to deceive law enforcement; B) demonstrate a changing version of the story, which is an indication of lying, and C) admissions of guilt.

When Doll was first stopped by law enforcement and asked about the blood on his coveralls, he said, "I butcher deer."

For Cambria, this shows Doll still wasn't aware he had fresh blood on his coveralls.

When a deputy asked Doll where he was going, he said a friend's house, and then gave directions that would lead away from Benaquist's house.

Friedman says this was an attempt to coldly deceive law enforcement.

Cambria says Doll was just trying to buy time.

Cambria complains that Doll repeatedly asked to speak with an attorney, and Friedman says that when a deputy asked, which attorney, Doll said his divorce attorney, but couldn't remember his name.

Doll, while shackled to the floor in the Sheriff's Office, tells a friend that "it's an open and shut case," and when asked if there was a body, he said, "I don't know that" (but clearly, even by his own testimony, he knew there was a body), and "I guess I'll get what I deserve."

To Friedman these are all statements of a guilty conscience.

Cambria says they are just statements of a man who wanted to talk to an attorney, was denied that request and was feeling the police already had him convicted.