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Howard B. Owens's blog

Thursday, May 20, 2010 at 3:59 pm

Scott Doll murder trial verdict: Guilty

post by Howard B. Owens in batavia, corfu, crime, pembroke, scott doll

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

Thursday, May 20, 2010 at 3:02 pm

Winners of GCASA poster contest

post by Howard B. Owens in batavia, GCASA

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!

Thursday, May 20, 2010 at 11:26 am

Man admits to giving methadone to friend who died

post by Howard B. Owens in crime, Le Roy

A man who gave methadone to a friend, allegedly resulting in the death of that friend, entered a guilty plea today to criminal sale of a controlled substance.

District Attorney Lawrence Friedman said in court that there was no homicide charge in the case, but that a man did die and his brother asked to speak at the sentencing of Joel W. Eagleson.

The victim was Donald Burnell, 41, of Le Roy. He died in early September, 2009.

Eagleson, who has a prior non-violent-felony conviction for robbery, 3rd, in 2004, faces up to four years in prison.

Under the law, Friedman said, you don't need to accept money for drugs to be convicted of criminal sale.

UPDATE, Friday, 10:26 a.m.: We've received a couple of more details from the Sheriff's Office not available in court yesterday.  Eagleson is 45. He was arrested in Arizona on March 31 and then extradited to New York.

Thursday, May 20, 2010 at 10:57 am

Guilty plea stands for man who admitted stealing guns in Byron

post by Howard B. Owens in byron, crime

A Holly resident who admitted robbing three long guns from a Byron resident, only to have his guilty plea hit a snag on May 10, completed the process this morning.

In the previous court appearance for Darrell Bruce Reid, 45, of 4 N. Main St., the prosecution presented a document for a previous felony conviction that turned out to be beyond the range, under New York State law, as a predicate felony for sentencing purposes.

But Assistant District Attorney Kevin Finnell presented proof of another felony conviction for Reid in Butte, SD, in which Reid stole a pickup truck in 2000 and was convicted of grand theft.

After confirming that with Reid, Judge Robert C. Noonan accepted it as a second felony conviction and set sentencing for 9 a.m., June 23.

Reid previously pled guilty to assault, 2nd, for robbing a Byron man of his guns last month.

Thursday, May 20, 2010 at 9:44 am

Police Beat: DWI arrest made in Le Roy

post by Howard B. Owens in batavia, crime, Le Roy, Stafford

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.

Thursday, May 20, 2010 at 1:17 am

Scott Doll murder trial: Key points in the closing arguments

post by Howard B. Owens in batavia, corfu, crime, pembroke, scott doll

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.

Wednesday, May 19, 2010 at 8:23 pm

Duo accused of entering store to fill up garbage bags with merchandise

post by Howard B. Owens in batavia, crime

mug-milton_campbell.jpgTwo Buffalo residents were arrested yesterday after they allegedly entered the Batavia JC Penney store with large garbage bags and tried to fill them with merchandise.

When approached by store employees, the couple reportedly dropped a bag stuffed with clothes, left the store, got into a van and drove away.

The incident was reported at 1:50 p.m.

mug_manning.jpgA description of the van was provided to local law enforcement and it was reportedly stopped on Route 33 in Corfu by Corfu Police and State Police.

Taken into custody and turned over to Batavia Police were Milton J. Campbell, 51, of 825 Fillmore Ave., Buffalo, and Maria N. Manning, 39, of 102 Stevens St., Buffalo.

Campbell and Manning were jailed without bail.

Wednesday, May 19, 2010 at 8:04 pm

Batavia Police veteran signs off after 30-year career

post by Howard B. Owens in batavia

retirement_john_zola.jpg

Tonight, John Zola is relaxing for the first time in 30 years as a civilian.

The Alden/Buffalo-area native came to Genesee County more than three decades ago as a GCC student and never left.

“It was the place for me to be," Zola said. "It really was. It’s my adopted city, but it was the place for me to be. I blended in well. I worked here well. I think I helped the community."

Community is a key word to Zola's style of police work. I've only known him for a year or so, but I noticed he was a guy who never stood behind his badge, letting it become a barrier to talking with people and relating to them on a personal basis.

The newfangled term for that kind of police work is "community policing." To Zola, it was "old-time policing."

"I think you talk to people, you learn things about people," Zola said. "Everybody is different. Everybody’s situation is different. Getting to know the community and certain needs of different neighborhoods and different families, getting to know your community, that’s what it’s about. That’s what small-town policing is all about."

Eventually, Zola will be replaced by a rookie and I asked him if he had any advice for that rookie, and Zola said:

"Take it for it’s worth. Like I said, it’s small-town policing. It’s getting to know your community. Help the people you can and arrest the ones you have to and move on. Never, NEVER, take yourself too seriously. I mean you’re a human being first. You’re a parent, you’re a husband or a wife second. You’re a cop somewhere down the road there. Don’t walk around with that badge on your chest all the time. Don’t get a heavy badge. Treat people the way you would want to be treated."

He said it's important not to get bogged down by what he called "the 5-percenters," the minority of people who cause problems. It's important  to remember that "95 percent of the people you come into contact with in this job are fantastic people."

Wednesday, May 19, 2010 at 6:14 pm

No verdict yet in Doll trial as jurors allowed to go home for the night

post by Howard B. Owens in batavia, corfu, crime, pembroke, scott doll

BATAVIA, NY -- Shortly after 5 p.m., Judge Robert C. Noonan gave the jurors in the Scott Doll murder trial what he called a "little history lesson."

Noonan said for his 20 years as a lawyer and the first five years as a judge, jurors who hadn't reached a verdict at the end of the day would be sent to a hotel, each with a room with no TV and their mobile phones would be taken away.

"We don't do that anymore," Noonan said.

He then proceeded to instruct the jurors to avoid all contact with any information or discussion about the case.

He said they are at a critical stage of the trial and there should be no outside influences on their thinking.

Before dismissing the jurors for the evening, there was no indication given as to how far along the jurors might be in their diliberations.

They were instructed to return at 9 a.m.

Wednesday, May 19, 2010 at 4:44 pm

Both attorneys in Scott Doll murder trial say common sense is on their side

post by Howard B. Owens in batavia, corfu, crime, pembroke, scott doll

BATAVIA, NY -- Apply your common sense, jurors in the Scott Doll murder trial were told this morning.

That was the plea from Doll's attorney Paul Cambria and the message from District Attorney Lawrence Friedman.

But of course, the two experienced attorneys disagreed on where common sense would lead the jury.

For Cambria, it was toward acquittal and for Friedman it was toward conviction.

Around 2 this afternoon, after 45 minutes of instructions from Judge Robert C. Noonan, the 12 primary jurors were led to a private room where they are expected to deliberate in secret until they determine which trail of common sense leads to a verdict of guilt or innocence.

"I'm going to go through the evidence with you step-by-step," said Cambria to start his final presentation to the jury. "I'm going to show you that the evidence demonstrates, or fails to demonstrate, guilt beyond a reasonable doubt. I'm guided by common sense and I think common sense always rules the day ... I'm asking you to look at the case as reasonable people would look at it."

Friedman opened his closing argument by characterizing the defense case as "speculation."

"I will ask you to return a verdict based on facts," Friedman said.

As he wound up his remarks, Friedman referenced "Occam's razor," a rule of logic that postulates that the simplest explanation is often the right explanation.

"Proof beyond a reasonable doubt is not an invitation to abandon common sense," Friedman said. "Common sense will lead you to the correct answer. Common sense will answer the question, 'who did this?'"

NOTE: Assuming the jury doesn't come back with a verdict some time soon, I will write a more in depth story about the closing arguments tonight.

Wednesday, May 19, 2010 at 3:47 pm

Batavia teen not abducted, but there's more to the story not yet released

post by Howard B. Owens in batavia, crime

A 14-year-old Batavia girl who reported a possible abduction on Monday wasn't just fabricating a story to get out of doing her homework, or some other trivial reason.

The police are investigating what happened on Monday morning.

A release from the Batavia Police last night led to a report on The Batavian that said the girl involved was being investigated and the case might be turned over to the county attorney.

A police spokesman says the report was more artfully worded than that.

The key sentence in the report: "At this time, the cause of the report is being investigated, and once completed, will be referred to the Genesee County Attorney for any further appropriate action."

Det. Rich Schauf said this afternoon that the girl wasn't abducted, and "it wasn't a stranger."

He said she's a 14-year-old girl dealing with something she didn't know how to deal with. He said the police could not release right now any further details.

Wednesday, May 19, 2010 at 11:26 am

Elba man charged in alleged knife attack

post by Howard B. Owens in crime, elba

An alleged knife attack that left a victim in need of more than 80 stitches on his face and hand has led to the arrest of an Elba man on an assault and weapons possession charge.

Gerardo Pineda-Sanchez, 42, of Oak Orchard Road was taken into custody by the Sheriff's Office for the alleged April 28 attack.

The victim, described as a Mexican male, was interviewed by investigators after he showed up at the UMMC emergency room. The victim was eventually transferred to ECMC where he received 65 stitches on his face and 20 on this thumb.

With the aid of ICE, the Sheriff's Office was able to identify Pineda-Sanchez as the suspect and apprehended him at his workplace without incident.

Pineda-Sanchez is being held in a federal detention facility on $10,000 bail.

Tuesday, May 18, 2010 at 11:55 pm

Scott Doll says he didn't kill his friend, Joseph Benaquist

post by Howard B. Owens in batavia, corfu, crime, pembroke, scott doll

(Note: This version, with more information and details, replaces a story published earler today.)

BATAVIA, NY -- "Joe Benaquist was my friend," Scott F. Doll said today during testimony in his own murder trial.

The statement came after Defense Attorney Paul Cambria asked if Doll -- who claims to have been with Benaquist when he took his last breath -- had ever seen anybody die before. Doll said, yes, a family member. He then began to tear up.

As Doll fought back the tears, Cambria asked, "Did you kill Joseph Benaquist?"

Struggling not to cry, Doll said, "No. I did not."

Cambria took a step from the podium and quietly said to District Attorney Lawrence Friedman, "your witness."

The 48-year-old Doll is charged with murder, 2nd. He's accused of beating Joseph Benaquist to death in the driveway of Benaquist's Pembroke home the evening of Feb. 16, 2009.

At 9:25, Tuesday morning, Doll took the stand in his own defense, and by the time he stepped down at 12:12 p.m. he had been asked a range of questions from Cambria and Friedman that covered his background, finances, car deals with Benaquist and his version of events from the night of the murder.

Tuesday, May 18, 2010 at 10:36 pm

Incumbents win school board election, budget passes

post by Howard B. Owens in batavia, election

Whatever anti-incumbent mood might be sweeping the nation didn't carry over into today's Batavia City Schools School Board election.

Both incumbents -- Steve Mountain and Pat Burk -- won re-election while challenger Denine Scott fell short.

Mountain received 486 votes, Burk 381 and Scott received 336, based on preliminary results.

The 2010-11 school budget of $39.945,756 passed with 413 votes to 223.

Tuesday, May 18, 2010 at 6:13 pm

Batavia food company moving to Rochester

post by Howard B. Owens in batavia, Brothers All Natural, business

Brother's International Food Corp., founded in 2001 in Batavia, is relocating its operations to Rochester, the D&C reports.

The 24-employee company has been approved for a sales tax rebate by the County of Monroe Industrial Development Agency to relocate to an empire zone structure at 1175 Lexington Ave.

Travis D. Betters told the D&C that his company, which he co-owns,  outgrew its current location.

Tuesday, May 18, 2010 at 5:53 pm

Batavia girl who reported abduction under investigation

post by Howard B. Owens in batavia, crime

The 14-year-old girl who reported yesterday that she was abducted and now admits she fabricated the story may face legal consequences.

Batavia Police investigators are continuing their investigation, trying to determine where she was and what she was doing during the hours she first reported she had been taken by a black man driving a black minivan.

In a statement from the Batavia Police Department late this afternoon, officials say, "at this time, the cause of the report is being investigated, and once complete, will be referred to the Genesee County Attorney for any further appropriate actions."

Because she is a juvenile, it would be up to County Attorney Charles Zambito to handle the case, rather than the District Attorney's Office, according to police spokesman Eric Hill.

For previous coverage of this case, click here.

Tuesday, May 18, 2010 at 5:22 pm

Dishwasher fire reported in Alexander trailer park

post by Howard B. Owens in alexander, fire

A dishwasher reportedly caught fire in a trailer at the West Bank Mobile Home Park in Alexander.

The address is 3189 Route 20, lot 11.

Town of Alexander Fire and the ladder truck from Town of Batavia is responding.

A caller states she believes the fire is out, but the trailer is full of smoke. The trailer has been evacuated.

UPDATE: Town of Batavia and an Alexander unit are being held in their fire halls while the location is checked with a thermal camera.


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Tuesday, May 18, 2010 at 9:34 am

Police Beat: Man accused of possessing marijuana and mushrooms

post by Howard B. Owens in batavia, crime, Stafford

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.

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