pembroke

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.

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.

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.

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.

BATAVIA, NY -- Joseph Benaquist's dying words, according to Scott Doll's attorney, were, "The boy. The boy."

Doll is accused of murdering Benaquist -- beating him to death and leaving his body in a pool of blood in his own driveway in Pembroke on Feb. 16, 2009.

But Paul Cambria, Doll's attorney, said this morning in opening arguments of Doll's murder trial that it wasn't Doll who killed Benaquist.

But if not Doll, then, who? 

Cambria said it crossed the mind of Scott Doll within minutes of hearing Benaquist utter, "The Boy. The Boy" just before he died in Doll's arms, that it was his own son, Joshua Doll.

Joshua Doll was the one who was supposed to meet Benaquist earlier that night and drive with him to the car auction in Adesa, and Joshua Doll who regularly dealt with Benaquist on auto transactions.

Scott Doll only went to Benaquist's home after the former corrections officer failed to show for an appointment at the Adesa auction. He arrived while his longtime business partner and friend was struggling for his life, Cambria said.

There was blood everywhere -- on the ground and splattered and smeared on nearby cars, and Doll was shocked at what he found and what he heard, Cambria said.

"Mr. Benaquist weighed 220 pounds," Cambria said. "The evidence will show he struggled and fought for his life. Yet, there's not one injury on my client, because he did not have a fight with Mr. Benaquist."

Equally adamant on the other side that Scott Doll is the murderer is District Attorney Lawrence Friedman.

"When this trial is over," Friedman said, "when you connect the dots you will find beyond a reasonable doubt that this defendant is responsible for the murder of Joseph Benaquist and is guilty as charged of murder in the second degree."

Friedman opened his statement by outlining the facts of the case -- that Benaquist was found dead in a pool of his own blood, the victim of multiple blows to the head, outside his Pembroke home on a cold Monday night. That Doll was found returning to the scene with his clothes and face covered in the victim's blood, and that the van Doll was driving had blood on the outside and the interior.

Friedman also said that during the course of the trial he will present evidence related to auto transactions that went wrong and that Doll was having increasing financial trouble.

While the prosecution is not required to provide proof of a motive for the murder of Benaquist, Friedman said the evidence will show that Doll and Benaquist were in conflict over some auto deals.

Doll and Benaquist cooperated in a used car business that was licensed to Doll. Benaquist also apparently used Doll's registration at the Adesa auto auction house to purchase vehicles for his own use.

Besides suggesting that Josh Doll may have killed Benaquist, Cambria also noted that despite extensive efforts by local law enforcement to find a murder weapon, none was ever located.

He suggested that if juror's apply common sense, they will conclude that Doll had no opportunity to dispose of the murder weapon.

He also said that any statements Doll made where intended to just buy him time, while he tried to figure out where his son was and whether he was involved. Doll's repeated requests to consult with an attorney were "ignored," according to Cambria, and also intended to buy time to find out if his son was involved.

He called the Sheriff's Office arrest of Doll a "rush to judgment."

The first witness called was James Waff, a second assistant chief in the Pembroke Fire Department. Waff first called emergency dispatch after spotting a suspicious person at the gas station on the corner of Main Road and Lake Road in Pembroke. Waff was returning from the Fire Hall at the time.

He described seeing Doll in a winter camouflage jumpsuit with his face covered with a firefighter's hood -- Doll was also a volunteer firefighter -- and then going to a friend's house nearby to see if he had also seen the person at the gas station.

When they returned, Doll was walking on Lake Road and they observed him until deputies arrived to question him.

The Batavian will have additional coverage of today's proceedings late in the afternoon.

A caller reports a house struck by lightning at 7914 North Pembroke Road, but no smoke or flames.

A first responder reports nothing showing but a hint of smoke in the air. He's requesting a thermal camera.

East Pembroke Fire is responding.

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A morning that started off with the hope of  finishing jury selection for the Scott Doll murder trial didn't quite work out that way.

Only one alternate was selected in the morning, with the prospective jury review process to resume at 2 p.m.

Court observers are uncertain whether opening arguments will, in fact, begin today, or more likely now, the trial will begin Thursday.

UPDATE 4:39 p.m.: Jury selection is complete. Opening arguments are scheduled for 9:30 a.m., Thursday.

BATAVIA, NY -- With the primary panel of 12 jurors and only the alternatives to pick this morning, District Attorney Lawrence Friedman expects opening arguments in the Scott Doll murder trial to be heard as early as this afternoon.

Friedman said there is even a chance the first testimony could begin before the end of the day.

Doll, of Corfu, is accused of killing his business partner, Pembroke resident Joseph Benaquist.

Today, attorneys and Judge Robert Noonan will interview more prospective jurors in search for the right three to six alternates.

Alternate jurors are required to attend the entire trial and pay attention just as if they were one of the 12 jurors in the case. Alternates are necessary in case one of the regular jurors is unable to complete the trial.

BATAVIA,  NY -- A day and a half into the jury selection process for the Scott Doll murder trial, and only three jurors have been seated.

District Attorney Lawrence Friedman noted that at the current rate, it would take four days and eight panels of potential jurors just to get to 12 men and women to decide the case. That doesn't include the four- to six-alternate jurors needed for the anticipated three-week trial.

The prosecution has used 12 of its 20 peremptory challenges, and the defense 14 of 20.

While either side can request more peremptory challenges, it will be up to Judge Robert C. Noonan whether to grant such an extension.

Once the peremptory challenges are gone, the prosecution and defense will be left to accept any juror that can't be dismissed for cause.

A prospective juror dismissed for cause is somebody who has a clear conflict of interest and probably can't judge the case impartially. A peremptory challenge is one in which the prosecution or defense deems a particular juror just isn't suitable for the case, for any reason.

"It's a combination of everything, what they know, what you hear -- it's just a gut reaction in the end," Friedman said, adding that "Both sides are being very careful about who goes on this jury."

Doll, a Corfu resident, is accused of murdering Joseph Benaquist of Pembroke in February, 2009. Doll and Benaquist were apparently in business together selling used cars.

BATAVIA, NY -- Scott Doll's defense attorneys renewed motions today, prior to jury selection in his murder trial, to suppress key evidence and some of the statements he made during the initial investigation into the death of Joseph Benaquist.

Jury selection is expected to take as long as three days, with groups of 40 people being called in today, tomorrow and Wednesday, in the hopes of finding 12 impartial jurors and four to six alternates.

Daniel Killelea, who is assisting defense attorney Paul Cambria, argued this morning that introducing as evidence the disputed ownership of two cars in the case would unfairly prejudice the jury without establishing sufficient value to prove the murder charge.

The cars are a 2006 Chevy Malibu and 2008 Pontiac G6.

There is some question as to how Doll came into possession of the Malibu, which apparently was owned, at least at one time, by Benaquist, and there's also a question about who paid for the G6 and to what purpose.

Benaquist and Doll were apparently partners in a used car business.

District Attorney Lawrence Friedman said he intends to show that Doll forged the title on the Malibu so he could sell it to a financing company in Buffalo.

Killelea's position is that there can't be any proof that Doll didn't obtain title to the Malibu legitimately.

He argued that presenting the status of the Malibu as evidence would unfairly prejudice the jury that he committed an uncharged crime, fraud.

As for the G6, the prosecution contends that Benaquist bought the car for himself -- though using the dealership license for SF Enterprises -- and gave Doll $10,000 as a down payment on the $13,300 car, but that the money never reached the financing company.

According to Killelea, there is insufficient evidence that the transaction wasn't for the company and the implication otherwise would prejudice the jury.

Friedman said the two cars, and the ownership dispute is key to 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.

On his other motion, Killelea said that statements made by Doll the night of the alleged murder cannot be admitted because he had asked for an attorney.

The prosecution contends that under the "emergency doctrine," police can try to obtain relevant information that needs to be known immediately and can continue questioning or taking statements even after a suspect has asked for an attorney.

Killelea cited at least three cases that say Doll was entitled to an attorney. But Assistant D.A. Will Zickl countered that there are cases allowing "emergency doctrine" statements to remain admissible, just as he'd argued the first time around on the same motion.

Judge Robert Noonan said he will reserve a ruling on the motions until just before opening arguments.

Scott C. Stine, 48, of York, Pa., is charged with DWI, refusal to take a breath test and moving from lane unsafely. Stine is accused driving drunk after being involved in a single-vehicle accident in the area of 8936 Lovers Lane Road, Pembroke, at 2:32 p.m., Saturday. He was jailed on $20,000 bail. Initial Report.

Jonathan D. Chapman, 40, of Le Roy, is charged with disorderly conduct and resisting arrest. Chapman was taken into custody by Village of Le Roy Police following an alleged domestic dispute on Myrtle Street on Friday night. Chapman was jailed on $500 bail.

Brandy L. Osmancikli, 36, of Alabama, is charged with harassment, 2nd. Osmancikli was arrested by State Police at 11:32 p.m., Saturday, on Lewiston Road in Alabama. No further details were released.

The Pembroke Lady Dragons JV softball team defeated the visiting Kendall Eagles 8-6 tonight in a fairly close game. Julia Baker went the distance on the mound for the Dragons striking out 9 batters, and allowing 4 hits and 7 walks. Baker also went 2 for 4 at bat. Ashlee Gilchrist went 2 for 3 with a double, and Breanna Johnson went 3 for 4, also getting a double. Kellie Mroz went 2 for 3 with a clutch 2 run single in the 6th inning to help secure the win. Kayla Streit and Randi DellaPenta also had hits. Both teams played a great game!!

More pictures after the jump:

Above: Julia Baker Delivers another great pitch

A Kendall player hits a line drive

A Pembroke player up to bat

Sliding home. She was safe

Sliding into 3rd base. Once again, she was safe

Believe it or not, she was safe!!

Great Job Ladies!!!

An accident has been reported on the eastbound off-ramp, Exit 48, of the Thruway. There are apparently injuries.

Pembroke and Indian Falls fire are responding.

UPDATE 5:28 p.m.: Pembroke fire chief reports one victim with a shoulder injury. The patient is trapped in the car, but extrication is not possible until traffic is under control.

Amish construction workers have been on the Cleveland family farm for the past two days re-roofing an old barn. The farm, off Cleveland Road in Pembroke, is now owned by John Cleveland and his wife, Melissa. The farm has been in the family since the 1830s, according to Mike Cleveland, assessor for the Town of Batavia. John and Melissa's daughter, who is 3, is the eigtht consecutive generation of Clevelands to live on the farm.

There may be some sort of fuel spill at the wastewater treatment plant in Corfu.

Corfu Fire is being called in for the possible hazmat situation. East Pembroke is requested to respond, as well.

UPDATE 2:17 p.m.: The plant is located at 100 Crestview Drive. The report is of a smell of fuel coming into the plant.

UPDATE 3:50 p.m.: East Pembroke, Darien and Mercy EMS put back in service. Corfu remaining on scene.

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