There's no proof that Scott Doll carried a green balloon into the Genesee County Jail on May 20.

That's the assertion made by defense attorney Dan Killelea in an opening statement this morning in Doll's trial for allegedly introducing contraband into jail following his murder conviction.

Doll was allegedly found in a holding cell about to drink from a cup with a mixture of water and a white powdery substance.

Sgt. Greg Walker transported Doll from the courthouse, and then came back to the jail to investigate the alleged incident in the holding cell. He testified that when he looked into the holding cell, there was a white powdery substance trailing from the sink, to the floor and onto the bed.

The green balloon was laying empty on the bed.

It turned out that the white powder was aspirin.

Walker testified that he did a brief pat down search of Doll in the holding cell at the Genesee County Courthouse and found only a couple of coins in Doll's pocket, which he allowed him to keep.

The sargeant testified that Deputy Vincent Maurer also conducted a search of Doll upon his arrival at the jail.

At that time, Maurer felt something unusual along Doll's pant leg and took Doll into a holding cell for a more thorough search. Nothing was found.

Walker also testified that he arrived at the courthouse as the same time Doll was dropped off at the front door and held the door for him to enter the building.

Doll appeared intoxicated, Walker said. He could smell alcohol on his breath and he was staggering and swaying a bit.

UPDATE 12:16 p.m.: Maurer testifies that Doll told him an "officer" gave him the white powder and he didn't know what it was.

"I told him it was my birthday and I didn’t want to see him hurt himself on my birthday and have that be my memory," Maurer said. "He said it was nothing against me. I'm trying to take the edge off -- some officer gave it to me."

Maurer added that Doll said, "You don’t know what I’m going through. I’ve lost my family. I’ve lost 25 years of my career. I’ve lost everything. Officer to officer."

When Doll arrived, prior to the alleged white powder incident, Maurer observed that Doll appeared despondent and intoxicated. He recommended Doll be placed under constant supervision, but that constant supervision -- which involves an officer sitting outside his cell and logging everything he does -- would not begin until after he was fully processed.

Maurer said a document that says he should be on constant watch while in the holding cell is a typo, that he should have gone on constant watch after processing was completed.

Maurer also testified that nobody was in the holding cell prior to Doll entering and that he didn't see a balloon or white powder in the room.

As for the pat search when Doll first arrived, Maurer said when patting his pant leg, "I felt something funny" and asked him to go into a holding cell for a more thorough search. Doll was asked to drop his pants and nothing unusual was found. At that point, he said he thought that maybe he only felt the seam of Doll's pants previously.

UPDATE 12:52 p.m.: Batavia City Court Judge Robert Balbick rules that Assistant District Attorney Robert Zickl could have asked his question during his initial direct examination, after Wolf had been qualified as an expert witness. Since that didn't happen, Killelea's objection is sustained.

UPDATE 12:56 p.m.: Lunch break. Prosecution will rest after lunch. The defense will not call any witnesses.

The Tony Award-winning rock opera "RENT" ran on Broadway for 5,124 performances and now a group of local actors are working on putting together a Batavia production that will run Jan. 13-16.

With the cast deep into rehearsals, they received a special visit at Batavia Middle School on Monday evening -- Gwen Stewart, one of the original cast members of "RENT" on Broadway stopped by for a visit.

After a short rehearsal, Stewart hopped onto the edge of the stage and talked about the importance and message of RENT, which dealt with what was a very controversial issue at the time -- AIDS.

She said because of advances in treatment, AIDS isn't the death sentence that it was when "RENT" opened in 1980, but the message of dealing with medical hardships is still relevant.

A couple of cast members mentioned that they had seen Stewart perform in "RENT," either on Broadway or in Rochester.

The local production of "RENT" is being staged by WNY Arts Society. For a complete cast list, click here. The director is Ashley Bateman, pictured above on the left with Stewart.

The inability of the Genesee County Jail to house female prisons continues to create an expense and drain of resources for the Sheriff's Office, according to Sheriff Gary Maha.

Monday, Maha informed the County Legislator's Public Service Committee that the cost of housing female prisoners in other counties is going to be $30,000 more than anticipated.

That's the bad news. The good news is, Genesee County Jail has been getting additional federal prisoners for short-term detention. So while the county anticipated $10,000 in revenue from the Border Patrol and Federal Marshals, the actual figure will be closer to $30,000 or $35,000.

But keeping female prisoners in out-of-county facilities has a cost that doesn't show up on a balance sheet -- the only means of transporting female prisoners is to use a designated road patrol.

Deputies must shuttle inmates from Genesee County to Orleans County, or Wyoming or Allegany.

And a deputy on prison transport is a deputy who isn't on patrol.

Ideally, the Sheriff's Office would have a dedicated prisoner transport team, Maha said, but that just isn't a realistic proposal right now.

"Unfortunately we have to live with it, with the resources we have, with the situation the county is in economically," Maha said.

Orleans charges the county $70 per day per prisoner to house Genesee's female inmates.

Because Orleans County jail is closest to Batavia, the Sheriff's office prefers to keep detainees not yet convicted and with pending court dates at that facility.

Convicted prisoners are housed primarily in Allegany County.

Sometimes, however, Orleans runs out of space, and deputies are dispatched there to pick up one of Genesee County's female prisoners and move her to Allegany County.

Maha said he is particularly worried about what the impact will be on the jail if Genesee Justice is eliminated.

"They help us manage our jail population," Maha said. "We have a very efficient operation."

Genesee Justice helps with prisoners who need medical care and it also manages programs that provide alternatives to incarceration. Maha said he is concerned that without Genesee Justice, the local male prison population will outgrow available bed space.

He plans on addressing that issue with the County Legislature at a public hearing on the budget at 6 p.m., Wednesday, in the County Courthouse.

The smell of a possible electrical fire is reported at a house located at 30 Chapel St. in Elba.

Elba Fire Department is called to respond.

UPDATE (7 p.m.): Firemen on scene say nothing was found. Elba fire is back in service.

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A new judge will be requested to hear the case of Chris Charvella, a member of the Genesee County Democratic Committee charged with aggravated harassment, 2nd.

In Le Roy Town Court this afternoon, Judge Kermit Arrington readily agreed to recuse himself since Charvella had worked on his election campaign.

Likewise, Le Roy Town Judge Charles Dusen will also be asked to recuse himself because the complainant, Republican Jay Grasso, had worked on his campaign.

The recusals will be forwarded to county court Judge Robert Noonan who will appoint another judge.

Assistant District Attorney Kevin Finnell suggested that the case be moved to another town or county because of conflicts of interest in the politically sensitive matter. Charvella's attorney, E. Robert Fussell, opposed the idea and Arrington said there was no adequate basis to justify moving the case.

County Legislator Jay Grasso had Charvella arrested by State Troopers after Charvella made statements on his blog regarding some campaign sign shenanigans and he left a message on Grasso's home phone.

On his blog Charvella said, among other things, that he was going to stick a campaign sign up the arse of the first Republican he encountered at local GOP headquarters if another sign for Republican Senator Mike Ranzenhofer showed up on property he managed.

After a sign reportedly did show up at Charvella's house, with a message written on it that indicated it may have been left by Grasso.

That prompted a call from Charvella to Grasso's home phone.

"Hey, Jerome, it's Chris Charvella. Thanks for reading my blog," was the message Charvella left.

He then posted a blog item that concluded with a picture of an Ewok and the message, "prepare your anus."

In a statement to The Batavian on Friday, Charvella said he didn't believe he did anything illegal.

Before Arrington spoke, Fussell had a brief conversation with Finnell. Fussell asked if the DA's office had received his faxed letter, seeking dismissal of the case because it is a First Amendment issue.

Finnell acknowledged reading the letter, but said "This is not a First Amendment case. ...By calling the house and referencing the blog, that was taken as a threat."

"You're kidding?" said Fussell.

"No, I'm serious," Finnell said flatly.

"I'm ready -- whatever," responded Fussell.

Moments later, an incredulous Fussell told Arrington "We live in a whole new universe than the one I grew up in."

Democrats Rose Mary Christian, who sits on the Batavia City Council, and Lorie Longhany, who chairs the County Democratic Committee, accompanied Charvella in court today.

"This is absolutely not a good use of taxpayer money," Christian said afterward. "There was no threat to Jay or Mrs. Grasso. You should hear some of the messages people have left on my phone. You wouldn't believe the stuff they say. 'You bitch, why did you do that?' I just call them back and say "Here's why."

Longhany said the case is pure politics, adding that Grasso is "trying to shut us up" and that Charvella will wind up paying a hefty legal bill for nothing.

Previously: Local Dem arrested after Republican legislator accuses him of harassing phone call

A two-car accident with injuries has been reported at the intersection of Route 33 and Route 19, Bergen.

It is not blocking.

Bergen Fire and Mercy EMS responding.

Scott F. Doll is back in Batavia this afternoon, dressed in tan slacks and a new, white, unironed shirt, listening to attorneys question prospective jurors in his newest criminal case.

Doll allegedly tried to smuggle a white powdery substance into the Genesee County Jail on May 20, the day he was convicted by a jury of murdering 66-year-old Joseph Benaquist in February 2009.

It turned out the substance, reportedly stashed in a purple balloon concealed on his body, was nothing more than aspirin.

But even aspirin can't be brought into a jail without permission.

Currently, Doll is living in Fallsburg at the Sullivan Correctional Facility.

Sullivan is an all male, maximum-security prison just north of New York City.

Doll is serving a 15-years-to-life sentence.

Dan Killelea, part of Doll's legal team for the murder trial, is representing Doll in the alleged "promoting prison contraband" case.

More than 30 prospective jurors crowded into Batavia City Court at 1 p.m.

A jury for a misdemeanor allegation in city court is comprised of six people with only one or two alternatives. The number of challenges each attorney can make is reduced to three, so jury selection shouldn't last past this afternoon.

The trial is on the docket for Tuesday at 9:30 a.m.

A 15-year-old girl reported missing by Batavia Police on Friday has been found and reunited with her family.

Det. Rich Schauf said no criminal activity is suspected in her disappearance but did not release further details.

A former corrections officer who admitted to workers compensation fraud will spend a couple of more months in jail before serving five months of probation, but the stiffest penalty he may face is paying back the nearly $38,000 he still owes the state.

James S. Gibbs has completed two months in county jail and will serve another two months before being released on probation, Judge Robert C. Noonan ruled today.

In May, Gibbs admitted to charges of grand larceny and attempted workers compensation fraud. He also agreed to more than $40,000 in restitution, with $20,000 payable before his sentencing.

Since then he's allegedly violated the terms of his presentencing release by getting arrested in Monroe County on a possession of a controlled substance charge, and he's been through a divorce in which the couple lost their home.

Rather than a $20,000 payment, Gibbs has paid only $3,003.13.

Over the five years of his probation, his attorney Thomas Burns noted, paying back nearly $38,000 would work out to more than $600 per month, which Burns said seemed like a steep amount to expect Gibbs to pay back (among other expenses, Gibbs must pay child support). He asked for payments of $175 per month.

Even District Attorney Lawrence Friedman acknowledged that asking Gibbs to pay back the full amount in five years was a tall order.

"We ask that you set whatever maximum amount you deem appropriate," Friedman said.

Noonan noted that Gibbs was a good wage earner before his arrest, even in his side job -- driveway paving. He set the monthly payment at $200 per month and ordered that restitution be reviewed next summer.

For previous coverage, click here.

Ronald J. Wendt, the 25-year-old Alexander man convicted of drunken driving and taking the life of a Dansville girl, will spend at least another 15 months in prison and could end up serving a total of seven-and-a-half years behind bars.

Wendt was sentenced in Genesee County Court today on his 11 convictions stemming from the fatal accident in Darien Center on Aug. 14, 2009.

Katie Stanley, 18, died in the crash that also injured three other people, and two of them say they continue to have medical problems.

The top count of Wendt's charges was aggravated vehicular manslaughter, which carries a maximum sentence of 25 years.

Judge Robert C. Noonan sentenced Wendt to two and a half to seven and a half years on that count, and Wendt has already been in Genesee County Jail for 13 months, leaving a minimum of 15 months to serve.

On the other 10 counts, Wendt received concurrent sentences ranging from one year to two-to-six years. (For a list of the counts the sentencing options available to Noonan, click here.)

Noonan called the case a tragedy and noted, as did Friedman, that the underlying DWI charge was no more serious than what hundreds of people in Genesee County face every year. If there had been no accident, Noonan said, and Wendt was still arrested, he probably would have faced a misdemeanor DWI case, have it reduced to a violation and have served no jail time.

"You wouldn’t be standing here and you wouldn’t be facing a prison sentence, but unfortunately your conduct did lead to some serious consequences and I intend to impose a serious prison sentence," Noonan said.

Noonan noted that when he was a young prosecutor, a BAC needed to be a .12 and now it's .08, but a deputy Noonan used to know warned all the time about the dangers of people driving with a .07 or .08 BAC.

"As that expert deputy said, a .08 of BAC has a limitation on their motor skills or shortcomings of their perceptions in operating a motor vehicle, and therefore they engage in conduct that endangers the public," Noonan said. "That's what you did here."

Anybody who drinks and drives could wind up in Wendt's situation, said Friedman.

"They all think it could never happen to them, but it does," Friedman said. "That's why we have these laws. The consequences of this case are far worse than anything we’ve seen from a DWI case in this county in a long ling time. I hope it says that way."

Wendt's defense attorney Thomas Burns said Ron is remorseful.

"This has never been anything other than terrible tragedy," Burns said. "From the onset, from his first statement to Deputy Wescott, Ron has been willing to accept responsibility for his actions."

Wendt made only a short statement when asked by Noonan if he had anything to say.

"I would just like to say there isn't a minute that I don't wish I could take that whole day back," Wendt said. "I don’t know how to express how terrible I feel about this whole incident."

Burns, Friedman and Noonan all praised families on both sides of the case who have shown a good deal of class, composure and grace throughout the case.

Paul Mahus, father of Gabby Mahus, who was a back-seat passenger in the vehicle that hit Wendt's truck as it turned left into the parking lot of My Saloon, read a statement from his daughter. 

She's suffered from debilitating headaches since the accident and a good deal of emotional trauma.

"I’m always thinking that Katie could have been doing fun things with us if she was still alive," Paul read from Gabby's statement.

But Mahus, like statements from Rachel Enderle, who was driving the car that hit Wendt's truck, and her cousin Timothy Enderle, also a passenger in the car, did not ask for any specific sentence for Wendt, no call for the maximum term.

"I don’t’ have feeling of hatred toward Ronald at all," said Rachel, through Timothy, who read her statement.

The statement detailed the pain Rachel has suffered because of her foot injury, which still makes it painful for her to walk and has been upsetting to her young daughter.

She did suggest that Wendt be required to speak to groups about drinking and driving and that "I don't want him to forget about it."

After court was adjourned, Timothy Enderle said he was comfortable with the decision.

"I think justice has been served," said Enderle. "Now both of our families can move on."

Friedman met with the families after the sentence and said nobody raised any concerns about the length of the prison term for Wendt.

"As you saw, I didn't ask for any particular sentence," Friedman said. "I didn't feel it was necessary. The court certainly heard from the victims in the case. You said, 'on the lighter side.' It could have been less, it could have been more. The judge has to consider many factors. I certainly respect what he did  and the sentence he imposed."

Burns said his client accepted the sentence graciously.

"Given the range of sentences available to the court, I'm pleased the court decided to go to the lower end, toward the minimum," Burns said. "I think it speaks to Ron's lack of prior criminal history, his lack of prior driving while intoxicated offenses."

Darrell Smith, 43, of Queens Drive, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and improper stopping on a highway in the Town of Alexander. Smith was arrested following a report of a one-car accident at 3:32 a.m. on Oak Street in the City of Batavia. Smith allegedly fled the scene of the accident in his car. Smith also faces charges in the city for allegedly leaving the scene of a property damage accident, moving from lane unsafely and aggravated unlicensed operation.

A 17-year-old from Attica Road, Attica, is charged with criminal possession of stolen property, 5th. The youth was allegedly found in possession of a stolen a black Diamond Back BMX-style bicycle. The bicycle had been reported stolen from a person in the Village of Attica on July 3.

Peter J. Gravante Jr., 21, of Townline Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, no license plate lamp and operating without brake lights. Gravante was stopped at 4:08 a.m., Friday, on Route 5, Town of Batavia, by Deputy Kevin McCarthy.

Alexander Kae Zorich, 18, of Batavia-Stafford Townline Road, Batavia, is charged with petit larceny. Zorich is accused of shoplifting from Kmart.

A 16-year-old from Route 20, Alexander, is charged with criminal possession of stolen property. The youth was arrested following an investigation into car break-ins in the Village of Alexander during the night hours of Aug. 6-7. A younger defendant was also arrested, and considered the prime suspect. That case was handed over to family court.

Wesley Herrick Marean, 20, of Bronson Avenue, Avon, is charged with petit larceny. Marean is accused of shoplifting from Kmart.

Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with criminal trespass. Gaulden was allegedly found in a controlled access building at College Village. Gaulden was reportedly barred from the property. On Nov. 4, Gaulden was also arrested for alleged trespass and issued an appearance ticket. For the alleged trespass on Friday, Gaulden was jailed on $500 bail.

Gina Lee Schmidt, 21, of Elm Street, Le Roy, is charged with petit larceny. Schmidt is accused of using a fraudulent check at Walmart.

Peter S. Brigzna, 21, of Townline Road, Bergen, is charged with felony DWI and stopping on a highway. Brigzna was arrested following a report of a car stopped in the middle of the road on Bank Street Road, Batavia, at 6:52 p.m., Friday. Brigzna was allegedly found passed out in the car with the car running and the lights on. He was jailed on $1,500 bail.

Travis J. Schultz, 22, of 3620 Maltby Road, Oakfield, is charged with criminal mischief, 4th. Schultz is accused of recklessly damaging the entry door of Sport of Kings restaurant during a fight with another person.

Clinton A. Anderson, 25, of 8 Walden Creek Drive, Batavia, is charged with criminal contempt, 2nd. Anderson was allegedly involved in a domestic incident with a woman he was ordered to stay away from. He was jailed on $2,500 bail.

Brandon T.C. Johnson, 20, of Culver Road, Rochester, is charged with unlawful possession of marijuana and uninspected motor vehicle. Johnson was stopped at 5:14 p.m., Nov. 3, on Main Road, Corfu, by Deputy Patrick Reeves.

Here were the most viewed posts for October, 2010:

• Notorious woman allegedly trashes buffet at South Beach, by Billie Owens
• Suzanne Corona has yet to agree to carry 'I Stole At South Beach' signs
• Fire at house on East Main Street in Batavia, by Billie Owens
• Suzanne Corona agrees to 'Walk of Shame' outside South Beach
• Mother accused of delivering drugs to son in Genesee County Jail
• Sign carrying in front of South Beach not in Suzanne Corona's future
• Rooming house on Main Street, Batavia, destroyed by late afternoon fire
• Today's Poll: Should food stamp recipients be barred from buying soft drinks?
• Head chef at Alex's believed to have died in accident in Orleans County
• Democrats pack Larry's to hear campaign speech by Cuomo

October traffic:

Visits: 250,077
Page Views: 454,039

In October, 2009:

Visits: 147,531
Page Views: 296,348

A stove fire is being reported at 4325 Drake St. Road, Elba.

Elba and Town of Batavia fire departments are  being dispatched.

UPDATE 12:18 a.m.: Smoke in the residence. Fire was in a self-cleaning oven and it appears to be out. Town of Batavia Engine 24 returning to the station.

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Christiano Cellular's locations are offering an exclusive Free Activation incentive for new or existing Verizon Wireless customers. Throughout the month of November, Christiano Cellular will pay your Activation Fee ($35 first line, $25 each additional) when you activate a new phone with a 2-year service agreement at both of their Geneseo locations and their Batavia location at 23 Jackson St.

As a long-standing Verizon Authorized Wireless Retailer, Christiano Cellular is well-equipped with smarter-than-ever phones offering email, broadband and global services; entertainment and productivity Apps; navigation, voice plans, messaging and even social networking!

Join America's Most Reliable Wireless Network and the team at Christiano Cellular will welcome you with Free Activation and Excellent Customer Service. They'll show you a "fascinating and incredible" selection of the latest and greatest phones, recommended accessories. Stop by our Batavia location and we’ll even provide you with a Free Vehicle Charger (or comparable $29.99 accessory) for your new phone!

Don't miss out on this exclusive offer at any of Christiano Cellular's locations! We look forward to seeing you soon!

A resident on Pringle Avenue has asked for police to respond to his house.

He says he came home to find his house broken into.  The only thing missing are his keys and his red Chevy Impala.

UPDATE 6:51 a.m.: The car has been located.  The owner's brother borrowed it.  The owner's brother sent a text message saying he was borrowing it, but the owner didn't read the text message.

A perfect season came to a disappointing end for the Le Roy Girls Volleyball Team Saturday as they suffered their first lost of 2010 in a regional championship game at Genesee Community College.

Le Roy (21-1) lost to Section VI Champions Falconer High School (from near Jamestown) three games to one by scores of 25-21, 24-26, 25-23 and 25-19.

Katlyn Tyler had 21 kills and 20 digs for Le Roy. Megan Condidorio had 22 assists and 18 digs.

Six more photos after the jump -- and we have more than 30 photos available for purchase by clicking here.

A two-car accident with an injury is reported at the intersection of Park Road and Veterans Memorial Drive, Town of Batavia.

The accident is reportedly blocking the intersection.

Town of Batavia Fire and Mercy EMS dispatched.

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A grassfire is reported on Tapp Road, near West Bethany Road.

Bethany Fire Department is responding.