crime

Nick Alexander Hawkins, 29, of Randall Road, Le Roy, is charged with reckless endangerment, 2nd, and criminal mischief, 4th. Hawkins is accused spraying pepper spay at the driver and front seat passenger of a vehicle while on Black Street Road, Pavilion.

Daniel J. Wolfe, 39, of 6 Wood St., upper, Batavia, is charged with petit larceny. Wolfe is accused of stealing $152 in merchandise from Save-A-Lot. Wolfe was jailed on $1,000 bail.

Kimberli A. Knickerbocker, 47, of 218 Liberty St.,Batavia, is charged with petit larceny. Knickerbocker is accused of stealing money from a wallet at Save-A-Lot.

Attica PD is interested in talking with a man who may have been involved in an attempted child abduction Oct. 22 in the village.

The subject is described as 50 to 60 years old, bald, with fluffy hair on the sides and he spoke with a raspy voice.

He was last seen on Genesee Street heading north into Genesee County.

In a statement, Chief John D. Palillo Jr. said no other similar incidents have been reported and no new information has been developed through the ongoing investigation.

"Parents are reminded that they should on a regular basis talk with their children about personal safety and how to call for help if needed," Palillo said.

Attica PD can be reached at (585) 591-0881.

Daniel C. Dilaura, 39, of Brooklyn Avenue, Batavia, is charged with felony criminal contempt, unlawful imprisonment, 2nd, criminal mischief, 4th, felony DWI, consumption of alcohol in a motor vehicle, refusal to submit to breath test, obstructing government administration, 2nd, and resisting arrest. Dilaura was reportedly in a vehicle on State Route 39 at Chapman Avenue, Town of Castile, when he was observed in an alleged domestic dispute. Dilaura allegedly held a female in his car against her will. Once Dilaura pulled the vehicle to the side of the roadway, she reportedly attempted to call for help, at which time Dilaura allegedly took her phone away. She was able to get the phone back a short time later and phone 9-1-1. The first officer on scene was Aaron Chase, Perry PD. He reported observing Dilaura exit the driver's seat of his car and begin running away on foot. Chase pursued Dilaura into a nearby field and was able to apprehend Dilaura after an alleged brief struggle. Dilaura was turned over to the Wyoming County Sheriff's Office when deputies arrived. Dilaura allegedly violated an order of protection barring offensive conduct toward the female. He was allegedly found to be driving drunk and has a prior DWI conviction from 2007. Dilaura's vehicle was towed from the scene. He was jailed without bail.

Jerald E. Bliemeister, 43, of Gibson Street, Oakfield, is charged with driving while ability impaired by alcohol and failure to keep right. Bliemeister was stopped at 3:37 a.m. Sunday on Route 354 at Schad Road, Town of Bennington, by Deputy Colin Reagan, Wyoming County Sheriff's Office, for an alleged traffic violation.

Three 17-year-old Batavia residents are charged with unlawful possession of marijuana. The youths were allegedly found in possession of marijuana by Batavia PD at 2:15 a.m. Saturday on Walker Place, Batavia (behind Batavia Middle School).

Richard A. Brink, 32, of 1625 Culver Road, Rochester, is charged with disobeying mandate. Brink allegedly violated a court order by contacting a protected person.

Anthony Daniel Micucci, 19, of Bonnie Brea Drive, Darien, is charged with petit larceny. Micucci allegedly entered the vehicle of another person without permission and stole personal property. Micucci was jailed on $2,500 bail. Micucci was also charged with criminal trespass, 2nd, and possession or consumption of alcohol in a motor vehicle.

Amara Michele Dahn, 23, of Royce Road, Varysburg, is charged with petit larceny. Dahn is accused of stealing merchandise from Kmart.

Jorden Mackenzie Charcholla, 23, of Fairgrounds Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, speeding and drinking alcohol in a motor vehicle on a public highway. Charcholla was stopped at 11:12 p.m. Friday on Townline Road, Byron, by Deputy Joseph Corona.

Amy S. Hofert, 40, of 67 Mechanic St., Elba, is charged with harassment, 2nd. Hofert allegedly punched another person in the nose.

Mark Anthony Antinore, 35, of Clinton Street Road, Batavia, is charged with harassment, 2nd. Antinore allegedly threatened another person with physical injury during an argument.

Shadow S. Jonathan, 18, of Basom, is charged with assault, 2nd, and criminal possession of a weapon, 4th. Jonathan was arrested by State Police for an alleged incident Sept. 13. No further details released.

Kyle A. Arne, 19, of North Tonawanda, is charged with petit larceny. Arne is accused of stealing from a location on Veterans Memorial Drive.

A fight with combatants using baseball bats is reported at 8719 Lake St. Road in, or near the north end of, the Village of Le Roy. Cars of possible participants are parked roadside, and a male allegedly involved, walking northbound, is now being spoken to by an officer. Other officers are speaking with other alleged participants as well.

About 10 people were reportedly fighting on North Pearl Street near Forest Avenue in Oakfield, but they'd left the scene when Sheriff's deputies arrived. Some people walked by a house where about 10 people live and words were exchanged, allegedly prompting a fight. One of the suspects is said to be wearing blue and has a broken nose. Officers are investigating.

Three people were arrested on burglary charges early Friday morning after a Lockport Road, Oakfield, resident reported intruders in his barn, confronted them and then reported the individuals fleeing.

The suspects were taken into custody following a short high-speed chase.

Charged with burglary, 3rd, and unlawful possession of marijuana are Scott R. Miller, 20, Evan J. Shaffer, 20, and Hayden K. Ettinger, 19. Shaffer is also charged with unlawful fleeing a police officer in a motor vehicle, 3rd, and four traffic violations.

The possible barn break-in was reported at 2:32 a.m., Friday. The property owner went to his barn and reported finding three young men inside. They were allegedly in the process of removing electrical wire and copper tubing.

The caller reported two males fled and foot and he observed a red Pontiac Sunfire stop near his residence, do a U-turn and head off westbound on Lockport Road.

Deputy Joseph Corona located the suspect vehicle allegedly traveling at high speed on Lockport Road. He turned to pursue the vehicle, activating his emergency lights.

The Sunfire allegedly failed to stop and turned northbound on Fisher Road.

Eventually, the car did stop on Fisher Road and Corona found the three suspects in the vehicle.

Property found in the car is believed to come from a neighboring garage. The investigation is ongoing with additional charges possible.

Shaffer was bailed on $5,000 bail or $10,000 bond. Bail for Ettinger was set at $10,000 or $20,000 bond, and for Miller, $25,000 or $50,000.

Assisting in the case are Investigator Tim Weis, deputies Frank Bordonaro, Kevin McCarthy, Patrick Reeves and Chris Parker along with Juvenile Officer John Dehm and the State Police.

A former director at GCASA is apparently no longer working for the drug and alcohol treatment agency after being arrested earlier this month for allegedly driving while impaired by drugs.

John T. Walker, 50, of Old Meadow Lane, Batavia, was arrested following a report of an erratic driver in the city at 5:07 p.m., Oct.14.

Until recently, Walker was listed on the GCASA Web site as director of clinical and residential services. He reportedly listed his employer at the time of his arrest as GCASA.

John Bennett, executive director of GCASA, said he could not comment on personnel matters.

Police responded to a complaint Oct. 14 of an erratic driver after a witness reported seeing a 2000 Chevy Tracker leave the roadway for about 25 yards on East Main Street near Tractor Supply. The driver appeared unable to maintain his lane, according to the witness. The witness followed the Tracker to the parking lot outside Eastown Beverage, at which point the driver parked and walked into the store.

"As he walked, his gait was slow and unstable," the witness wrote.

At that point, Officer Felicia DeGroot arrived on scene and approached the male driver. Officer Jason Davis arrived on scene and conducted a field sobriety test.

According to court documents, Walker passed a breath test but allegedly failed the field sobriety test.

He was taken back to the police station and processed for alleged driving while impaired by drugs, first offense, which is an infraction.

Walker has not yet appeared in City Court on the charge. He's not scheduled to appear until Nov. 6, yet he appears to be out of a job.

We attempted to contact Walker for comment. In the arrest report, Walker apparently gave officers his work phone number and the only home phone number listing we could find has been disconnected.

Law enforcement just intercepted a suspect driving a burgundy Ford Escape on southbound Route 19. The driver's mother had reported that her son stole her vehicle. She followed him in her blue Jeep Liberty. The chase went on for about 10 minutes.

"The mother's awfully excited. We're telling her to stay in the vehicle," says a dispatcher.

A Batavia man accused of robbing the 7-Eleven on East Main Street in Batavia was denied a chance at bail today after pleading not guilty to the two felony counts against him.

Michael C. Kraatz, 34, is accused of robbing the convenience store Oct. 6 and is indicted on counts of of robbery, 2nd, a Class C violent felony, and grand larceny, 2nd, a Class C felony.

Kraatz was originally indicted on lesser charges, but the grand jury elevated the robbery charge and District Attorney Lawrence Friedman sought an elevated grand larceny charge after reviewing the statute and the alleged facts of the case.

"That (the robbery charge) was elevated based on testimony at grand jury that the robbery victim has suffered physical injury," Friedman said.

As for the grand larceny charge, Friedman said Kraatz was appropriately charged with third-degree grand larceny when he was arrested, but in an unusual quirk of the penal code, the same set of circumstances also apply to the higher level charge.

"He was properly charged with grand larceny in the fourth degree based on coercion and threat to cause physical injury or serious physical injury or the threat of death in the future," Friedman said. "In examining the statute, I discovered that not only does that spell out grand larceny in the fourth degree, but it also spells out grand larceny in the second degree. It's somewhat of an unusual situation, but the same elements make up grand larceny in the second degree."

Kraatz entered not guilty pleas to both counts today.

When Kraatz was originally arraigned in City Court, because of his prior felony convictions, the lower court judge did not have the authority to set bail. County Court Judge Robert C. Noonan could have set bail today, but ordered Kraatz held without bail.

The next scheduled court appearance for Kraatz is Dec. 13, when attorneys are expected to argue any motions in the case.

Also in County Court today, Jon T. Magliocco, entered not guilty pleas to the 17-count indictment filed against him. Magliocco is accused of being 21 or older and having sexual relations with a person less than 17 years old. He is being held on $50,000 bail.

Jaime Lynn Killinger, 37, of West Main Street Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, driving while on a suspended or revoked license and improper left turn. Killinger is accused of driving a car into a ditch at 10:40 p.m., Oct. 18, on Route 5 in Le Roy, and then leaving the scene of the accident. The accident was investigated by Deputy Matthew Butler.

Jeanine Lynn Calica, 41, of South Spruce Street, Batavia, was arrested on a bench warrant for an alleged violation of probation. Calica is accused of failing to appear in Town of Pavilion Court on a violation of probation charge.

Paul Michael Gelardo, 28, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Gelardo is accused of not showing up for an original appearance in Batavia City Court on a CPCS charge. He was arrested by Batavia PD, turned over to the Sheriff's Office, arraigned in City Court and jailed on $1,000 bail.

Denise A. Kingsley, 30, of Silver Springs, is charged with petit larceny. Kingsley, who was arrested by State Police, is accused of stealing from Kmart.

The U.S. Marshall's Fugitive Task Force apprehended a man in Albion today who was wanted in Batavia for alleged sexual abuse of a child less than 11 years old.

Terrell Goodson, 25, was taken into custody on a felony warrant for alleged aggravated sexual abuse 2nd and sexual abuse 1st.

The Task Force assisted in locating Goodson.

The investigation into Goodson's alleged crime was handled by Det. Kevin Czora.

Goodson was arraigned and jailed without bail.

So a cab driver's fare decides to drink a beer in the back seat on his way to wherever and the cabbie says get out. The guy refuses. The driver calls the cops, who are about to roll up on the taxi, which is roadside with its four-ways on. Didn't hear the location.

Michael C. Kraatz is indicted on a count of robbery, 2nd, a Class C violent felony, and grand larcney, 2nd, a Class C felony. Kraatz is accused of robbing the 7-Eleven store at 505 E. Main St., Batavia, on Oct. 6, and in the process injuring another person who was not a participant in the crime. Kraatz is accused of stealing cash from the store, regardless of value, by extortion of the victim.

Jon T. Magliocco is indicated on eight counts of rape, 3rd, a Class E felony, and nine counts of criminal sexual act, 3rd, a Class E felony. Magliocco is accused of being older than 21 years old and on at least eight different occasions, engaging is sexual intercourse or oral sexual contact with a person less than 17 years old. All but one occasion is alleged to have occurred in a house in the City of Batavia and the other incident was allegedly sexual intercourse in a tent in the Town of Batavia.

Aaron W. Clark is indicted on one count of burglary, 2nd, a Class C violent felony, and 11 counts of criminal possession of stolen property, 4th, a Class E felony. Clark is accused of entering a garage of a house on South Bennett Heights, Town of Batavia, on Aug. 3, with the intent of committing a crime. He is accused of unlawfully possessing eight credit cards and three gift cards.

Patrick M. Hackett is indicted on a count of rape, 3rd. Hacket is accused of being 21 or older and engaging in sexual intercourse with a person less than 17 years old.

Heather D. Stone is indicted on a count of burglary, 3rd, a Class D felony, and a count of petit larceny. Stone is accused of entering a residence on Hebard Road, Town of Le Roy, on Aug. 2 or Aug. 3, 2012, with the intent to commit a crime. Stone is accused of stealing deep cell marine batteries.

Brett C. Bartolotta indicted on a count of DWI, a Class E felony. Bartolotta is accused of driving drunk in the Village of Corfu on July 6. Bartolotta was allegedly convicted of a prior DWI in the City of Rochester in July 2010.

Michael Joseph Dorigo, 56, of Buxton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or higher and moving from lane unsafely. Dorigo was reportedly involved in a motor-vehicle accident at 10:10 p.m., Sunday, on Fotch Road, Stafford. Dorigo's 2009 GMC was reportedly traveling north on Fotch Road and Dorigo failed to negotiate a curve in the road and drove off the road into a ditch where the vehicle hit an old utility pole base and a large rock. Dorigo's passenger was transported to UMMC with minor injuries. The accident was investigated by Deputy Joseph Graff.

Nina M.E. Kelso, 29, of 142 Hutchins St., Batavia, is charged with unlawful possesion of marijuana. During a check on the welfare of a child at Kelso's residence, Officer James DeFreze allegedly observed marijuana in plain view.

Zackary H. Kelly, 19, of 8 Dartwood Ave., Cheektowaga, is charged with petit larceny. Kelly is accused of shoplifting Amp Engery Drink from Southside Deli.

David Bernard Marsceil, 36, of Arnold Road, Elba, is charged with attempted criminal contempt, 1st. Marsceil, an inmate in the Genesee County Jail, allegedly attempted to send a letter to a person protected from contact by court order.

Colton Andrew Cole, 22, of Warner Road, South Byron, is charged with DWI, driving with a BAC of .18 or higher and no seat belt. Cole was stopped at 4:41 p.m., Sunday, in Byron, by Sgt. Ron Meides after Cole allegedly accelerated quickly and squealed his tires.

Press release:

The Batavia Police Department is investigating a forcible entry burglary at the I.D. Booth, Plumbing, Heating and Electrical Supply at 60 Liberty St.

The crime took place between 9 p.m. Thursday, Oct. 17, and 3 a.m. this morning, Friday, Oct. 18.

Suspects made forcible entry into the business and committed the larceny of a large quantity of Milwaukee brand power and hand tools.

Anyone with information is requested to contact the Batavia Police Department at 585-345-6350. Persons may also provide information via the Batavia Police Department's Confidential Tip Line at 585-345-6370 or by accessing the Suspicious Activity link of the Web site of the Batavia Police Department.

A felony warrant has been issued for a suspect in the State Street shots-fired incident Sept. 27 as police continue their investigation of that matter as well as the report of shots fired on Jackson Street on Oct. 8.

Police are looking for information on the whereabouts of Batavia resident Dashawn Allen Butler, who is described as a black male, 34 years old, 6' 2" and 183 lbs.

Butler, who has prior arrests in the city, has resided at 101 Summit St.

According to a law enforcement source, Butler was questioned in connection with a shots-fired incident at Walmart on Jan. 22. The following month, the mechanic for a resident who had been at Walmart that evening discovered a bullet had hit the radiator of the car driven by the resident.

Batavia PD can be reached at (585) 345-6350, or the confidential tip line is (585) 345-6370.

Residents are cautioned not to try to apprehend or detain Butler. If seen, witnesses are asked to call 9-1-1 immediately.

According to a release from Batavia PD, investigators are continuing to follow and develop leads in the two recent incidents.

Physical evidence was recovered at the Jackson Street scene and was sent to the NYS Police Forensic Investigation Center in Albany for DNA and fingerprint analysis.

Investigators believe three people were involved in the Jackson Street incident. Two people were identified and questioned and one has been detained on an alleged parole violation and is being questioned further by Batavia PD.

The department is working with members of the Local Drug Enforcement Task Force (the local major crimes unit) and NYS Parole.

“Batavia is not going to tolerant this type of violence,” said Chief Shawn Heubusch in a statement. “We are committed to providing safe neighborhoods for our residents and Police Department and citizen collaboration is vital to maintaining a safe City.”    

Shoplifting at Walmart usually results in a petit larceny charge, but three men from Rochester yesterday allegedly tried to make off with so much loot they were arrested on felony grand larceny charges.

All three were arraigned in Batavia Town Court and ordered held without bail.

Chief Deputy Jerome Brewster said store security informed the Sheriff's Office some time before noon that the three men had entered the store and had been identified as possible thieves at other Walmart locations.

Patrol cars pulled into the Walmart parking lot and waited.

"We waited to see if they were going to pay, or walk out without paying," Brewster said. "They decided they were going to walk out without paying."

The men allegedly pushed out a single shopping cart filled with totes that were filled with merchandise. The men were also accused of having stolen merchandise on them.

The total value of the merchandise was placed at $1,900.

Charged with grand larceny in the fourth degree, a Class E felony, were Keith Lamar Brantley, 43, of Adams Street, Rochester; Michael Joseph Dawson, 49, of Forbes Street Rochester; and Eric Lee Strong, 53, of Wellington Avenue, Rochester.

As brazen as the alleged theft attempt seems to be, Brewster said he believes this sort of crime is common. We just never hear about it.

"I believe this type of retail theft activity is pretty much going on all the time," Brewster said. "The amount of inventory going out of these stores without being paid for is unbelievable."

Robert Daniel Nowakowski, 38, of Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Nowakowski was arrested following an investigation into a traffic accident on Route 20, Darien, at 6:39 p.m., Thursday. Nowakowski stated he swerved to avoid a deer and reportedly overcompensated. His car struck a National Grid utility pole, shearing the pole near ground level. The accident was investigated by Deputy Patrick Reeves. (Initial Report)

Richard Matthew Godlove, 35, of Main Street, Oakfield, is charged with DWI, driving with a BAC of .08 or higher, failure to obey traffic control device, moving from lane unsafely and failure to notify DMV of address change. Godlove was involved in a motor vehicle accident at 7:03 a.m., Sept. 14 on Route 237, Byron. Godlove reportedly drove his vehicle on a closed portion of Route 237 and struck a concrete barrier. Godlove was arrested following completion of a toxicology test.

Ellen Marie Martinez, 26, of Main Street, Batavia, is charged with falsifying business records, 1st, and grand larceny, 3rd. Martinez is accused of falsifying Section 8 records while receiving benefits through Pathstone, resulting in $10,054 in wrongfuly obtained benefits.

A driver's alleged attempt to avoid a traffic control device at Route 33 and Batavia Stafford Townline Road drew the attention of a trooper this morning and led to a short pursuit that ended when the car struck a mobile home.

The driver of the car and her passenger where both arrested.

Cailee A. Neiss, 19, of Byron, was charged with several traffic violations including reckless driving and avoiding a traffic control device.

Nickolas Sutherland, 23, of Byron, was charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Neiss allegedly drove through the Arrowmart parking lot in an effort to avoid the stoplight at the intersection.

According to State Police, "the operator, upon seeing the flashing lights of the patrol car, attempted to avoid being stopped, drove recklessly turned onto Gaslite Lane and subsequently struck a mobile home causing minor damage."

Nobody was home at the time and there were no injuries reported in the accident.

Neiss was issued a summons; Sutherland was issued an appearance ticket.

Today the New York State Court of Appeals unanimously upheld the murder conviction of Scott Doll.

A jury found him guilty on May 20, 2010 of killing Joseph Benaquist, a fellow former corrections officer and business partner.

The main consideration of the appellate judges was whether the police took appropriate action under what's known as the emergency doctrine in detaining Doll without reading him his Miranda warnings and initially interviewing him without an attorney present. Law enforcement's response "to a serious and ongoing exigent situation under the emergency doctrine" was deemed reasonable.

In the ruling by the seven justices, the circumstances of the case were recapped:

On Feb. 16, 2009, Genesee County Sheriff's Deputy James Diehl responded to a report of a suspicious person walking on Lake Road in Pembroke and he found a man wearing a camouflage hunting outfit and a white hood. The man dropped a metal object and pulled a lug wrench from his pocket and the officer saw what appeared to be wet blood stains on the man's knees, thighs, hands and shoes.

When asked, the man produced a correction officer identity card with his name on it -- Scott Doll, who proceeded to say he was out walking to lower his blood pressure because he had a doctor's appointment the next day. He asked for a ride to his van at a car lot and the deputy agreed to take him there.

Once inside the patrol car, the firefighter who initially placed the 9-1-1 call came to the scene and told the officer that he'd noticed the defendant at the lot and the guy turned away and crouched between two cars to try and hide. Based on this information, the deputy told the defendant he was being detained until the situation was assessed. Doll was frisked and handcuffed.

When asked about the blood on his clothes, Doll said his was wearing his camouflage outfit because it was cold, but didn't explain why the clothes had wet blood on them. The deputy drove Doll to his van and discovered blood in several places inside and outside the van and bloody gloves nearby.

Soon other police officers arrived and noticed blood on Doll's face and noticed he left bloody footprints in the snow. Around this time Doll asked to speak to his divorce attorney. He was then questioned about whether the blood was from a deer or a human, Doll declined to explain the source of the blood or to take the officers to an alleged butchered deer.

Judge J. Gaffeo wrote: "These unusual circumstances caused the deputies to believe that a person may have been injured in an accident or assault so they continued to question (the) defendant despite his request for legal assistance."

Doll repeatedly told officers he couldn't answer their questions and police tried contacting his family and acquaintances to determine whether anyone needed emergency aid. Officers also searched the area for an injured person. Eventually, they went to the defendant's business partner's house and discovered Benaquist bludgeoned to death in his driveway. In the meantime, police impounded Doll's van and took him to the Sheriff's Office, where he was photographed, DNA tested, and his clothes seized.

Hours later, a friend and former coworker asked to speak with Doll. An investigator, who was aware of the business partner's demise, initially rebuffed the visitor. Then the investigator relented and said he would be staying in the room and taking notes.

Doll told the woman that the case didn't involve an animal; he had been present but didn't do anything; the case was "open and shut"; he would be going to jail and probably get what he deserved.

The investigation, indictment for second-degree murder and prosecution followed.

Doll's attorney, Paul Cambria, moved to suppress statements made to police and to his female friend, as well as all the physical evidence, primarily claiming his client had been arrested without probable cause, interrogated in violation of his right to counsel and without receiving his Miranda warnings.

Genesee County Court conducted an evidentiary hearing and ruled the detention and questioning of the defendant were justified under the emergency doctrine. However, County Court did suppress the defendant's DNA test results because the police could've obtained a warrant.

A jury subsequently convicted Doll of second-degree murder and he was sentenced to a prison term of 15 years to life. That conviction was appealed and in 2012 the Appellate Division majority determined the police actions were reasonable in this emergency situation. Two justices dissented, saying the emergency doctrine was not applicable since the police didn't know whether an actual crime victim existed.

The dissension allowed Doll's attorney to then appeal to the New York Court of Appeals. The justices agreed that police properly relied on the emergency doctrine in light of the "peculiar circumstances" they were confronted with because "...the emergency doctrine is premised on reasonableness, not certitude."

As to the defense seeking to suppress statements Doll made to his friend at the Sheriff's Office, saying it amounted to the police using the woman to conduct the functional equivalent of a custodial interrogation, the Court of Appeals disagreed. Its ruling states the purpose of the Miranda rule is to prevent government officials from "using the coercive nature of confinement to extract confessions that would not be given in an unrestrained environment." As a matter of law, Doll's conversation with his friend did not constitute an interrogation.

Finally, as to Doll's challenge of the legality of his detention by police, the panel ruled it had no merit.