crime

Daniel C. Healy, 19, of Le Roy, is charged with criminal mischief, 4th, and possession of stolen property. Le Roy Police originally responded to a disturbance call on North Street. Upon arrival, they found that Healy allegedly damaged a door inside the residence. While investigating that incident, Patrolman Robert Tygart found Healy allegedly in possession of several parking signs removed from various locations in Le Roy and Avon.

Cheryl Ann Szdlowski, 50, of Main St, Strykersville, is charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana. Szdlowski was reportedly a passenger in a car that was stopped for an alleged traffic violation on Route 77 in Darien. During a search following her arrest for alleged possession of marijuana, she was allegedly found in possession of two different kinds of controlled substances.

Brandon Cody McCoy, 19, of Angling Road, Corfu, is charged with unlawful possession of marijuana, possession/consumption of alcohol in a vehicle. McCoy was stopped for an alleged traffic violation at 2:15 a.m., Saturday, on Angling Road, Corfu, by Deputy Patrick Reeves.

Eric Lynn Skeet, 21, of Cohocton Road, Corfu, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, and possession of a controlled substance not in its original container. Skeet was stopped by Deputy Patrick Reeves for an alleged traffic violation shortly after midnight, Saturday, on Cohocton Road. Upon a search after Skeet was found allegedly in possession of marijuana, Skeet was allegedly found in possession of hydrocodone hidden in his footwear.

Craig Alan Tiberio-Shepherd, 20, of Lathrup Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, unlawful possession of marijuana, and speeding (80 mph in a 55 mph zone). Tiberio-Shepherd was stopped at 1:15 a.m., Saturday, by Deputy Frank Bordornaro on Route 5 in Le Roy, for allegedly speeding. A passenger in the car, Jourdain J. Holly, 20, of Le Roy, was also charged with an open container violation.

William Karl Vaughn, 26, of West Bergen Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, driving left of pavement markings, uninspected motor vehicle. Vaughn was stopped at 2:11 a.m., Sunday, by Deputy John Weis on Route 19, Le Roy.

Recent Genesee County Grand Jury indictments:

Christopher J. Elmore, indicted on a charge of criminal possession of a forged instrument. Elmore is accused of trying to pass a counterfeit $10 bill on Sept. 22, 2009. (Previous report on Christopher J. Elmore).

Paul D. Berggren, indicted on a charge of rape, 3rd. Berggren is accused of being older than 21 and engaging in sexual intercourse with a 14-year-old female on or about Aug. 30, 2009.

Kyle D. Faron, indicted on a charge of DWI and driving with a BAC of .08 or greater. Faron is accused of driving drunk on Akron Road in the Town of Pembroke on Jan. 23, 2010.

Wesley A. Ground, indicted on a charge of DWI and driving with a BAC of .08 or greater. Ground is accused of driving drunk on Akron Road, Pembroke on Feb. 4, 2010.

Adam D. Pattridge, indicted on a charge of DWI driving with a BAC of .08 or greater. Pattridge is accused of driving drunk on Route 19 in the Town of Le Roy on March 24, 2010.

State Police have four people on the ground and in handcuffs on the Thruway just east of the Route 33 overpass.

A witness said he saw multiple law enforcement vehicles heading to the scene at an exceptionally high rate of speed. He also said the State Police helicopter was flying low over the Thruway toward the scene.

When we arrived, there were 11 law enforcement vehicles on scene, with six of them being unmarked. A flatbed truck was hooking up a black sedan that had its trunk open.  

Eastbound traffic in the area slowed quite a bit, though was not significantly backing up.

UPDATE (Billie Owens): I heard the scanner when this call came in. The dispatcher said a black sedan (I forget the make/model) with four asian males was eastbound on the thruway after allegedly driving away from a home-invasion robbery in the Town of Amherst. Either a victim or witness followed the vehicle and alerted law enforcement.

Christopher W. Fowler, 21, of 3340 W. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, harassment and obscenity, 3rd. Fowler is accused of sending an obscene photo by phone to another person and harassing that person. While investigating the alleged complaint, Sgt. John Peck came into contact with Fowler driving on West Main Street at 6:15 p.m, Thursday. Fowler was allegedly found driving drunk.

A 15-year-old from Bethany is charged with assault, 3rd. The youth was arrested by State Police following an alleged incident at 1:45 p.m., Wednesday. No further details were released.

Janet L. Grossman, 43, of Stafford, is charged with petit larceny. Grossman was arrested by State Police on Tuesday in connection with an alleged incident on May 1 in the Town of Batavia. No further details were released.

Joshua Gonzalez, 19, of Staten Island, is charged with petit larceny. Gonzalez was arrested by State Police on Monday in connection with an alleged incident from May 9 in the Town of Batavia. Gonzalez was jailed without bail. No further details were released.

Accidents from the State Police blotter:

10:03 a.m., May 11, Ellicott Street Road, Bethany, one vehicle; Driver 1: Dale C. Burroughs, 50, of Batavia. No injuries reported.

4:57 p.m., May 11, off road/name not found, Town of Pavilion, one vehicle; Driver 1: Jeffery S. Stebbins, 43, of North Tonawanda. No injuries reported.

9:15 a.m., May 11, Thruway, mile marker 404.7, two vehicles: Driver 1: Toni S. Paul, 57, of Longmont, Colo.; Driver 2: Marvin L. Jacobson, 27, of Pavilion. One injury reported.

10:41 a.m., May 11, Thruway, Le Roy exit, one vehicle; Driver 1: Duane A. Brecke, 53, of Marshfield, Wis. No injuries reported.

Murder victim Joseph Benaquist's son, Michael Benaquist, took the witness stand for testimony Thursday afternoon in Scott Doll's trial.

A series of his father's written checks from Key Bank were observed. Michael agreed that all of his father’s signatures on the checks were valid and had been signed by his father.

However, on the contract for the title of the 2006 Chevy Malibu, District Attorney Friedman asked, “Is that your father’s signature?” 

“No” Benaquist replied.

Benaquist was then shown three videos from the Adesa auction camera. In the third video, Benaquist was asked to observe a gentleman wearing a plaid jacket.

The video revealed the man speaking and standing next to another man. The second man was recorded wearing a tan jacket and a baseball cap.

One of Doll's attorneys, Daniel Killelea, asked if the individual in plaid was Benaquist’s father. Benaquist stated that although he was not completely sure, he thought it might be. The other two videos showed the man in the tan jacket wearing a baseball cap at the auction.

Benaquist agreed that in two of the videos, his father’s 2006 Chevy Malibu was passing by the camera. However, he testified that he could not recognize who the other man was, wearing the tan jacket, at any point in the videos.  

Paul Kisch, bloodstain-pattern expert, remained on the stand to be cross-examined as the first witness of the afternoon. He agreed with defense attorney, Paul Cambria, that from looking at the autopsy report, there were a number of large cuts on Joseph Benaquist’s head.

The cause of Benaquist’s blood spatter onto Doll’s shoes, overalls and the outside of his Windstar van still remain in question.  

Cambria asked the expert, “Is it safe to say that if enough blood came down Benaquist’s head, it could have sprayed on to other individuals nearby? Which is called “expiration," and is the blowing off of blood from the nose, mouth or a wound, pushed by an air source?”

Kisch agreed and testified that this was possible. It was agreed that the impact spatter of blood from a beating can have the same size and range of blood as from coughing blood.

“Expirated, spattered blood can appear similar to impact blood by size and range,” Kisch claimed. However, Kisch made it clear that the blood found on Doll’s clothing and vehicle was “completely consistent with impact spatter that we notice in our case studies and experiments.”

It was verified by Kisch that the blood stains on the Pontiac G6, which had been parked in Benaquist’s driveway the night his body was found, were all transfer stains (the blood on one object was transferred on to another).

As for the puddle of blood found underneath the Nissan Ultima, which was also parked in Benaquist’s driveway, Kisch testified that the blood could have gotten there as a result of another person moving the body to that area.

Kisch also concluded that the blood found on Doll’s overalls and the Windstar van were a result of being in close proximity with Benaquist during the assault.

The jury was dismissed 45 minutes early for the weekend.

BATAVIA, NY -- There is blood spatter on Scott Doll's coveralls and blood spatter on the Ford Windstar he reportedly drove the day that Joseph Benaquist was found dead in the driveway of his Pembroke home, a bloodstain pattern expert testified today.

The spatter -- which is Benaquist's blood -- was caused by an impact of some kind on a source of blood, said Paul Kisch, whose expertise in the field was well established at the start of his testimony.

Kisch stopped short of saying the spatter was caused by an impact to any part of Benaquist's body.

The 66-year-old former corrections officer was found dead on Feb. 16, 2009, laying on his back in a large, dark pool of his own blood.

The spatter marks -- none shown in photos were bigger than a heavy pen mark -- were described as being over most parts of the front of Doll's camouflage coveralls, as well as the driver's side of the Ford Windstar.

"The spatter is consistent with impact spatter in close proximity to an impact event," Kisch said. "It is consistent with an impact event associated with Joseph Benaquist's blood."

Kisch made similar statements about both the spatter on the coveralls and the Windstar.

Doll was found just before 9 p.m. on Feb. 16 walking north on North Lake Road, toward Benaquist's home, carrying a jack and lug wrench, while the Windstar was parked at a garage on North Lake and Main Road in Pembroke.

A pair of bloody gloves were found on the hood of a car next to the Windstar.

Kisch also testified that there were what he called "transfer stains" (meaning blood got on one object and was transferred to another surface by touch it) on the pavement (likely from tennis shoes, he said), under a Nissan Altima parked in the driveway, and a Pontiac G6 parked near Benaquist's body.

Under cross examination for Doll's attorney Paul Cambria, Kisch could not say if the blood on the G6 revealed anything about the direction of struggle that might have taken place during the confrontation that cost Benquist his life.

As for the transfer under the Nissan, Kisch testified that he couldn't say whether that blood came from Benaquist touching that spot during a struggle or from Scott Doll touch that spot with a bloody glove at some point.

In the middle of Cambria's cross examination, it was time for the trial to break for lunch.

Prior to Kisch taking the stand, Investigator Ronald Welker testified about his examination of a phone belonging to Benaquist and of call records associated with Scott Doll's phone.

In the week before his death, Benaquist's phone was used to make four calls to Doll's phone, the last being at 4:46 p.m., Feb. 14.

On Feb 15, Benaquist's phone received a call from Scott Doll's phone, and again at 3:06 p.m. on the day of the murder.

On that day, at 4:16 p.m. and again at 4:31 p.m., two additional calls came into Benaquist's phone -- one from his girlfriend's mobile phone and another from her house phone.

As for Scott Doll's phone, he made an outbound call at 4:01 p.m. to the Adesa auto auction house, and then his phone received a phone call a few minutes later from the National Debt Resolution Center.

A short time later, his mother Audrey Doll called, and then in rapid succession, Scott Doll's son Josh placed four calls to the number -- all of which went to phone mail, we learned in yesterday's testimony. Josh called a fifth time that night.

A Batavia man jailed on an alleged probation violation is accused of punching a Genesee County Jail guard in the face with a closed fist.

Thomas Kevin Lee, 46, a Jackson Street resident, was taken into custody after probation officers found him allegedly intoxicated, in violation of his probation terms.

At about 5:45 p.m., Wednesday, while in custody at the jail, Lee allegedly hit the guard.

The Sheriff's Office did not release information on any possible injuries to the guard.

Lee is charged with assault, 2nd, and criminal contempt.

Jurors in the Scott Doll murder trial this afternoon were shown three videos from the Adesa auction house in Akron that covered three different auto transactions central to case.

Defense Attorney Daniel Killelea walked Warren Klaus, general manager of Adesa, through the videos and procedure of auction sales.

The first video of the auction block shown to jurors was from Sept. 9, 2008. It shows the silver Pontiac G6 in the auction.

Killelea asked Klaus if he could point out Scott Doll at any point during the first two video clips. Klaus repeatedly stated that he could not identify Doll.

A clip of the green Chevy Malibu being bid on was shown.

Killelea observed a male seen throughout one of the clips.

After showing the recording from Nov. 25, 2008, Killelea asked Klaus whether the individual who had won the bid on the 2006 Malibu appeared to be Scott Doll.

Warren Klaus replied, “no, but it looks like it could be Josh Doll."

“Doll’s son?” asked Killelea.

“Yes” testified Klaus.

The third video, combined short clips that were dated from different times to help the jury better understand the auction process. After it had been shown, Klaus stated, “another Tuesday at Adesa Buffalo” to emphasize that the auction occurs weekly, on Tuesdays.

Klaus also testified that the murder victim, Joseph Benaquist, was an authorized user on Doll's Adesa account at one time, but was removed on April 5, 2004, possibly to add someone else's name to the access list.

Under questioning by Killelea, Klaus acknowledged that in February 2009, more than seven people were listed on Doll's account with auction access.

Klaus added, “Yes, I would agree, and there appears to be more than seven authorized users.” It was also agreed that multiple holds were put on Doll’s access.

Dealer agents are required to have an access card to enter the auction, which is a swipable photo ID issued by the auction house. But Klaus acknowledged the entry process is insecure and people other than the authorized agent can use a valid card to enter the auction.

Even so, he said, employees come to know and recognize regular attendees.

Klaus said he didn't remember seeing Josh Doll at Adesa auctions.

The afternoon’s second witness was Christopher Crangle, assistant branch manager of Automotive Finance Corporation (AFC).

Assistant District Attorney Melissa Cianfrini questioned Crangle regarding his company’s role in dealing with “problem accounts” including collections, and loss prevention.

Crangle was asked to explain a “floor plan” where a line of credit is extended to car dealers to purchase automobiles.

Crangle testified that AFC was in receipt of the Pontiac G6 vehicle.

It was noted that the defendant placed the 2006 Malibu on the floor plan on Jan. 8, 2009.

But Scott Doll's account was restricted and he could not add more users to his account because there were some issues regarding Doll’s personal credit.

He had four delinquent accounts, which were $16,000 in arrears.

Crangle said he had followed up with Doll to notify him of his delinquent accounts.

Crangle testified that he contacted Doll four days before the Malibu was placed on the floor plan to advise him that AFC was freezing his credit, so he could not purchase more autos with through AFC.

The last witness to take the stand was Sarah Henninger, also an assistant branch manager from AFC.

She explained to the jury that her duty involves operations, including checking dealer compliance with floor plan requirements.

The company verifies the car’s existence, to make sure the owner has not secretly sold the vehicle, by performing "lot checks" at random.

Henninger testified that during an AFC lot check conducted on Jan. 9, 2009, Doll’s Dodge Grand Caravan was not on site as required by the floor plan.

Henninger said that Scott Doll eventually brought the vehicle in to AFC because the “vehicle was missing during the lot check on the account."

When Cianfrini asked Henninger where the Dodge Caravan was located during the check, Henninger agreed that Doll had said it was “in the garage."

Henninger then contacted SF Enterprises and she personally saw the vehicle on Jan. 13, confirming it was still in Doll’s possession.

Sarah Henninger testified that Scott Doll from SF Enterprises had the account with AFC, not Joseph Benaquist.

BATAVIA, NY -- Phone, insurance and auto auction records were presented to the jury today in the murder trial of Scott F. Doll, the Corfu man accused of killing Joseph Benaquist on Feb. 16, 2009.

Jacob Ebel, the retail sales manager for the Verizon store on Lewiston Road, Batavia, took the stand first and explained how to read the call records for Scott Doll's phone.

The record shows that Doll made his final outbound call on Feb. 16 at 4:01 p.m.

Later in the morning when the Adesa auto auction manager, Warren Klaus, was on the stand, it was established that the 4:01 p.m. call was to the Adesa auction house in Akron.

The phone records also show that there were eight inbound calls to Doll's phone between 5:16 p.m. and 11:04 p.m. Some of them within seconds of each other. Several of the calls were from the same number.

Ebel could not say who the inbound calls were coming from and no witness testified this morning on that fact.

A theory of the case put forward by Doll's attorney, Paul Cambria, in his opening statement last week, was that Scott Doll went to Benaquist's house after he and Josh Doll failed to show up at the auction house as planned. Doll, according to Cambria, found Benaquist barely alive. His final words, Cambria said, were "The boy. The boy." 

Cambria said then that Scott Doll began to wonder if Benaquist meant his son, Josh Doll.

Insurance record testimony was given by Ed Sager, a State Farm underwriter. He testified that Benaquist had a personal auto policy with State Farm. 

Benaquist did not have a "garage owner's" policy, which would have allowed Benaquist to use dealer plates on any car and have those cars covered while in operation.

The personal policy first covered a 2006 Chevy Malibu from Aug. 17, 2006 to Sept. 10, 2008. Starting on Sept. 10, 2008, Benaquist had an insurance policy on a 2008 Pontiac G6.

At the time of Benaquist's death, there was coverage in place in his name, on the G6, a Chevy Corvette and a Nissan Altima.

Sager did not know if Benaquist had any other vehicles insured with another company, or if he might have a "garage owner's" policy through another company, he said in response to questions from Dan Killelea, also representing Doll.

There were six vehicles parked on Benaquist's property at the time of his death, according to previous testimony.

Klaus was on the stand when Judge Robert Noonan called for a lunch recess.

During his morning testimony, Klaus said that in February 2009, Scott Doll's auto dealer company, SF Enterprises, had two authorized agents with Adesa access cards -- one for Scott Doll and one for Brandon Doll.

In previous testimoney we learned Brandon's Card was in Benaquist's wallet at the time of this death.

Klaus testified that, while it's ideal that only the person issued the card ever uses it, it is possible for an unauthorized person to use another auto agent's card to gain access to the auction.

When authorized agents enter the auction area, they first swipe their cards into a computer system.

Computer records are kept of when people arrive at the auction. If the dealer buys a car that day, a computer-stored digital signature of the buyer appears on the sales receipt.

On the receipt for the 2006 Malibu, the digital signature of Brandon Doll appears on the receipt. The Malibu was purchased Aug. 15, 2006 for $12,500 with a $250 buyer's fee. The odometer read 15,981 miles at the time of purchase.

On the G6, the car was bought at auction on Sept. 9, 2008. The digital signature belongs to Scott Doll. The purchase price was $13,300 with a buyer's fee of $245. The odometer reading was 20,483 miles.

Klaus also testified that in January 2009 and on Feb. 12, 2009, auction access to Adesa was denied to SF Enterprises because of bounced checks. In both cases, the checks were made good the next day.

According to Klaus, auctions open to all dealers are only held on Tuesdays. Once a month, on a Monday, there is an auction open only to Ford dealers.

In February 2009, only Scott and Brandon Doll had access cards for the auction. But Klaus testified that upon reviewing the printouts of his company's computer records, he found many other people also had access cards from SF Enterprises. Klaus said the list is three pages long.

An angry and belligerent Reginald M. Wilson appeared before Robert C. Noonan this morning for sentencing on his burglary, 2nd conviction.

Wilson remained adamant that he did not break into the home of an 86-year-old woman on State Street in September.

"Look at my past modus operandi, Your Honor," Wilson said. "In the past it's just been robbery. In past time, yeah, I would have robbed somebody, but sneaking in to some old lady's house, that’s beneath me. That’s a savage thing and I would never do that."

Noonan said he didn't buy the logic that a man convicted of multiple robberies wouldn't also break into a house.

He imposed the maximum sentence available, which is 15 years on the burglary, 2nd, conviction and three-and-a-half  to seven years, served concurrently, on the criminal possession of stolen property conviction.

Wilson may have avoided a life sentence because New York's persistent felony offender law was recently declared unconstitutional for the purpose of imposing life sentences.

At the beginning of the hearing, Noonan explained that because of the ruling he would not consider a life sentence.

When Wilson entered the courtroom, escorted by two deputies, shackled and wearing jail orange and shower sandals with white socks, Wilson looked out at the gallery and said, "f---king clowns."

When it came time for Wilson to review his prior felony record, Judge Noonan asked him to look at it and Wilson refused.

When Noonan pressed Wilson to look at it, Wilson said, "I know it by heart."

The document listed felony convictions in Erie and Genesee counties going back to 1993, including two attempted robbery convictions and a rape, 3rd, conviction.

When asked if he disputed any of the convictions, Wilson said only the 1999 rape, 3rd, conviction, which he said if it happened today would be reduced to a sexual misconduct charge. He also complained that he had inadequate counsel at the time.

Noonan then read Wilson's prison record, which features stints of two or three years of prison followed by a year or two of freedom.

District Attorney Lawrence Friedman noted that Wilson has a 27-page criminal history, with 14 felony convictions and 30 arrests.

Based on the record, Noonan said, he felt compelled to impose the maximum possible sentence.

You’re are a career criminal," Noonan said. "You don't have to be on the street very long before you commit another crime."

Wilson said he plans to appeal his conviction. He complained that his attorney, Fares Rumi, failed to call key witnesses, in particular Joseph Dash.

Dash, who previously pled guilty for his part in the State Street burglary, would have offered testimony that would have exonerated him, Wilson said.

Displaying sharp, jailhouse-lawyer knowledge of legal proceedings, Wilson mentioned evidentiary statutes and case law as he rattled off reasons his conviction should be vacated.

"There are other witnesses willing to testify on my behalf, Wilson said. "If this goes to the appellate division, I'm confident it will be overturned."

It will be up to an appeals court, Noonan said, to decide those matters, but he had to proceed with sentencing.

When it came time for Wilson to sign an order of protection, ordering him to stay away from the burglary victim, Wilson at first acknowledged that he would have no reason to contact the elderly woman, but then he refused to sign the document.

At that point, Noonan reminded Wilson that when his case is heard on appeal, the justices will review the transcript of the sentencing and his actions would help tell them what kind of person he is.

"You already said what kind of person I am," Wilson shot back.

Defense attorney Rumi then asked to be relieved as Wilson's attorney for purposes of a June 24 restitution hearing. He said Wilson has been uncooperative since his jury trial conviction on March 31.

Wilson said he has been uncooperative because Rumi won't turn over court documents Wilson requested.

Rumi also said he hasn't been paid by Wilson.

Noonan said they could work that out themselves, but that he wasn't relieving Rumi until and unless Rumi files a written motion.

For previous coverage of Reginald Wilson, click here.

Five witnesses went before the jury in the trial of Corfu resident Scott Franklin Doll, yet the panel still got out 45 minutes early this afternoon.

The jurors heard from a DNA expert, two men from the Genesee County Sheriff's office, a banker and a car-buying customer of SF Enterprises.

Here are some of the dots the jurors may be obliged to connect.

Forensic Biologist Ellyn Colquhoun, a DNA expert with the Monroe County Public Safety Lab, continued her testimony after the lunch break and testified that DNA could potentially be found in a single drop of blood.

The strength of DNA testing is in its ability to eliminate individuals who don't match in a criminal investigation.

Of the 27 items submitted to the lab for analysis, she personally was responsible for nine items. And of the 27, only seven were analyzed to determine if other DNA was present.

The bloody overalls were hauled out again and she pointed out all the areas tested, noting that the knees were heavily saturated with blood.

A single speck of blood on murder suspect Doll's face, out of three present, had two DNA profiles -- victim Joseph Benaquist's and Doll's.

All of the other samples tested contained only Benaquist's blood and DNA, including the camouflage overalls, the sneakers, and the Ford Windstar.

"You don't know how that blood got where it did, only that it was on the items," asked Doll's co-counsel Daniel Killelea.

Correct, responded Colquhoun.

Swabs from the Nissan Altima and the Pontiac G6 found at the scene were submitted but never asked to be analyzed by the Genesee County District Attorney's office.

"Many things are submitted, but relatively few are tested," said Deputy District Attorney William Zickl during the jury's afternoon recess.

That is not willy-nilly. Ultimately, after convening with the D.A.'s office, the crime lab, on a case-by-case basis, determines which items get analyzed.

This was the case in regard to Benaquist's fingernail clippings snipped during the autopsy. They were submitted for analysis but ultimately that was not deemed of utmost importance. Only items with the greatest exculpatory evidence value is tested.

Lastly, she testified that while DNA testing typically takes six weeks, it has been known to take a year or more, noting that some incomplete cases on her desk are over 12 months old.

Next up was John Dehm, a youth officer with the Genesee County Sheriff's Office, which is part of the Criminal Investigation Division. He testified that he was selected, based on previous experience, to take aerial photos of the crime scene. He did so while aboard a State Police helicopter on Feb. 17, 2009, the same day Benaquist's body was found.

He also took part in two different ground searches in the vicinity. He testified that he was among a group of about 10 officers from the Sheriff's and State Police offices who fanned out along the roadways to search for evidence.

One such search occurred on the east side of North Lake Road, where Doll was found walking toward the crime scene. A second search, with about six participants, occurred along the west side of the same road. In both instances, a few searchers used rakes. There were no metal detectors or canines used in either search.

They found nothing of evidentiary value, but did not scour the area again.

"It's always possible we missed something," Dehm noted.

Then Sheriff's Deputy John Duyssen told the jurors he was an accident reconstructionist and a crime-scene diagrammer. He took measurements, at points indicated by Investigator Steve Mullen, and used those to create a scale drawing of the vicinity in which the crime occurred.

The upshot was that the Adesa Car Auction is nearly six miles (on a vehicle odometer) from the gas station/repair shop (Pembroke Enterprises) near Beneaquist's house on Knapp Road. If the other logical route is taken, the distance is 5.7 miles, with Killelea noting that the portion driven on Route 5 may be busier that other roadways and therefore take more time.

Commercial banker H. Michael Easton, who has been in banking for 31 years, testified on behalf of M&T Bank. Under questioning from District Attorney Lawrence Friedman, he verified several items for inclusion into evidence.

These included: a copy of Doll's bank statement for portions of 2008-09; the form Doll signed to open one of his several accounts on May 26, 2004; Doll's official business certificate as a registered car dealer from the New York DMV; and a copy of a check from Key Bank for $10,000, from Doll's business, SF Enterprises, deposited into the newly opened M&T Bank account.

Last up was car buyer Mark Kobal of Bergen. He told the jury that he had satisfactorily bought a car from Scott Doll a few years ago. When he decided to buy another car in 2008, he again contacted Doll. He told him he wanted to buy a Dodge Grand Caravan.

But Josh Doll is the one who went to the Adesa auction and bought a car for Kobal. Due to miscommunication, he bought the smaller Caravan, instead of the Grand Caravan. The vehicle was registered then and there at the auction, meaning Kobal owned it and had to pay for it.

After that was done and he explained his disatisfaction, it was agreed he'd go ahead and sell the smaller Caravan himself, and then take those proceeds and buy a Grand Caravan. That was done two or three weeks afterward.

But one Saturday afternoon, he lent the mini-Caravan to the Dolls so they could take it to Adesa to show the auction house financiers that they still "had possession of it," because there was a lien against it and proof of possession would satisfy the lien. Of course, they actually did not have possession of the vehicle. It was wholly Kobal's and he merely lent it to them for a few hours to help them out.

Kobal said that he dealt with both Scott and Josh in his transactions with SF Enterprises.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Anderson was jailed without bail.

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

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

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

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

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

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

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

The accident occurred at 3:52 p.m.

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

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

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

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

Photo submitted by Tom Smith.

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

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

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

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

Accidents from the State Police blotter:

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

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

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

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

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

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

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

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

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

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

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

His head was struck at least seven or eight times.

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

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

No, the witness said.

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

Yes, said the witness.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Juror Number 8 is having a hard time staying awake.

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

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

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

Noonan said he's seen the head bobs.

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

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

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