batavia

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Batavia Police are being dispatched to the area of Swan Street for the report of a loud noise.

The caller was on his porch and said it was very loud, a boom.

I heard it, too, and I'm four or five blocks from Swan. From the echo, I could tell it was some blocks away, but loud. I was guessing in the area of Kibbe Park, but I'm inside.

UPDATE 11:45 p.m.: A reader on Hutchins reports hearing it, too. Police cleared the scene about 11:30 p.m. without finding anything.

A dog has been struck on Colorado Avenue.

The driver did not stop.

No description of the hit-and-run vehicle is available.

A person is on scene awaiting police in order to help identify and notify the owner.

Regional and local soccer players gathered at the recently completed Batavia Sports Park at Batavia Turf Farms on Bank Street Road over Saturday and Sunday for various training sessions.

The camp included sessions for the New York State West Olympic Development Program on both days. This afternoon the Genesee Amateur Soccer Association held a Coaches and Players Clinic.

More pictures after the jump:

In the Town of Batavia Fire Hall on Saturday night, Batavia's volunteers gathered for their annual awards dinner and installation of officers.

Above, all of the firefighters who responded to at least 100 calls during 2009 are recognized.

Dan Kemp was named Firefighter of the Year and Randy McIntire won the President's Award. Nate Fix and Bob Mullen were recognized for each responding to more than 200 calls.

Dan Jacques and Paul Barrett (who was unable to attend) were recognized for 25 years of service.

After the jump, more pictures:

Dan Kemp, Firefigher of the Year.

President's Award, Randy McIntire.

Dan Jacques, 25 years of service.

Fire Chief Bob Hunt.

Harness racing isn't want it used to be and probably never will be again, according to newly elected Chairman of the Western Region Off Track Betting Board of Directors Dick Siebert.

In an interview with WBTA, Siebert characterized harness racing as "the cost of doing business." It's the loss leader that under state law allows Batavia Downs Casino to keep its doors open for the much more profitable video slot machines.

"The people that used to come to our parlors, the 55 and older men, are no longer 55 years of age," Siebert said. "Unfortunately, they're dying off. The newer group of people, it doesn't have the interest to them that it did with the old bettor. ... I honestly can't see where harness racing is going to turn around and ever be back where it was in the '50s, '60s and '70s."

He said in 2009, Batavia Downs lost $1.5 million on harness racing while the video lottery terminals brought in $3 million in profits.

To help reduce harness racing costs, more bets will be placed at electronic terminals rather than at the traditional caged window with a person taking the bet.

Meanwhile, Siebert said the Downs continues to work with state regulators on a plan to address deficiencies in some administrative procedures. He said the board is looking to hire a consultant to help address the state's concerns, rather than bring in a management company to take over the Downs' operations, which is one of the state's other suggestions.

Full interview available here (mp3).

A Batavia woman was hurt in a two-vehicle accident at 1:35 p.m. Friday in Alabama.

The woman stopped the 2003 Toyota pickup she was driving at intersection of Townline Road and Maple Street Road when she was struck by another car that was behind her.

Cheryl A. Vagg, 53, of 110 Evans St., Batavia, was transported to UMMC by ground ambulance with back pain, according to Deputy Timothy Wescott, who investigated the accident.

The other driver, Susan J. Neamon, 46, of 2272 Thomas Road, Varysburg, was not injured.

Vagg's passenger, Keith W. Cadieux, 54, was not injured.

Neamon told Wescott she was "looking for oncoming traffic and must have rolled forward." Her 2009 Ford Sedan struck Vagg's truck, which was in front of her preparing to make a right-hand turn on Maple Street Road.

No citations were issued.

A 35-year-old Batavia man reported being shot and his wallet stolen as he walked down what he thinks was Indian Falls Road about 5:30 p.m., Saturday.

After being shot and robbed, Carlos Torres called a friend for assistance, who drove him to UMMC. He was transferred from UMMC to Strong Memorial Hospital by Mercy Flight, according to the Sheriff's Office.

He was in surgery at the time the Sheriff's Office released information on the incident at 11:23 p.m., Saturday.

Torres told officials, according to the release, that he believes he was walking on Indian Falls Road when a car pulled up behind him and somebody demanded his wallet. He was then shot in the back and his wallet was taken.

After the suspects left, he continued walking to Route 5, where he called a friend for help.

The Sheriff's Office says Torres was shot twice with a small caliber weapon. His injuries are not believed to be life threatening.

Anyone with information is asked to call the Sheriff's Office at 345-3000.

Police have responded to a report of a fight at the carnival in downtown Batavia.

When the first unit he arrived, the officer reported "quite a fight." He immediately called for an ambulance for a person having a seizure.

A subject was reportedly seen fleeing west on Ellicott Street and crossing the street toward Della Penna's. Police are looking for two white males, with one wearing a white T-shirt.

UPDATE 10:04 p.m.: One of the subjects who fled reportedly dropped a knife. A second fight has reportedly broken out. Two State Police units have been called in to back up Batavia Police.

UPDATE 10:11 p.m.: Mercy EMS was requested to check on a male down behind Alberty's. He reportedly has a head laceration. There is also a report of "all suspects are black males." It's unclear if that's related to all fights or just one of the fights.

UPDATE 10:29 p.m.: One patient transported to UMMC. Police units going back in service. 

UPDATE 8 a.m. Sunday: Reader Adam Lowder submitted the photo above. His description of events follows after the jump:

Adam Lowder's description of events:

I was at the carnival when the fight took place, and I have attached a photo of the aftermath.

First off I would like to say that this carnival was just plain disgusting. The majority of the ride attendants I witnessed were interacting with the patrons; using foul language, leaving their stations for minutes at a time, and one was even smoking a swisher sweet style cigar that he passed to a young patron to hold onto and smoke for a few minutes.

There were groups of unsupervised middle-school aged kids all over.

We were getting ready to leave around ten o'clock when I saw the ride attendant from the “vehicles that go in a circle” kids' ride (black male 20's red hat with goatee) wrap his arms around a black male, belly to belly, and slowly but forcefully push him across the grounds. The attendant was making statements along the lines of, "just leave" and the male being forced back was saying, "did you hear what he said" repeatedly.

After a minute of this and after a few other people involved yelled towards the two men, the ride attendant in red let go of the male who took off towards Jackson St. Seconds later a group of people (prominently if not all black males) took off running in the same direction.

Ten to fifteen seconds later a few more males ran passed me in the same direction. That is when I saw a crowd of observers gathering on Jackson St. and people screaming and yelling.

As I approached the area, I could see a large group of people involved in physical actions (some jumping around, some swinging their arms, some taking pictures with their phones) in the middle of the street.

An officer in a SUV pulled up with his lights flashing and the group quickly scattered. A few more police cruisers quickly arrived on the seen. I did not see the police apprehend any of those involved, or really even attempt to do so. They all came to the man that was left lying in the middle of the street.

A few minutes later, two of the cruisers rushed over towards Rt. 63, and one stopped next to the Salvation Army.

One thing that I am certain of is that some of the ride attendants were involved in this. The one that I mentioned earlier who was smoking the cigar was in the group that ran past me. He was a black male wearing a Kobe Bryant Lakers jersey, and he was running the “Rio Grande Train” kids’ ride.

I stopped to snap this photo as I walked back to my car parked across from O’Lacy’s Bar.

At this point, the injured male was still lying in the road, paramedics had arrived, there was a crowd of people watching, and a couple of officers were standing near the victim watching.

The Downtown Batavia Carnival continued on Saturday, so we have more pictures from this afternoon. Sunday is the final day and it runs from 1 to 5 p.m.

More pictures after the jump:

Families from Batavia's Natural Parenting Network gathered at the home of Kristi Evans today for a May Day Party that featured arts and crafts for the children. Evans said the wind today made it a little tough to do crafts outside, but all the kids were having a great time, anyway.

Sarah Fisher set up the foot-painting activity and Olivia Dayton was the first child to give it a try.

Kids from the First United Methodist Church in Batavia were at the Town of Batavia Fire Hall today washing cars for donations. It's a fundraiser to build a school for a village in Nicaragua. The church needs to raise $20,000. The next car wash is from 9 a.m. to 2 p.m. on Saturday, June 12 at the same location. To help with the school building project, call Sharon McWerthy at 343-6326.

One of my favorite parts of Spring in Batavia is charcoal-cooked hot dogs at Jerry Arena's pizzeria on Lewiston Road. I made my first stop of the season there today.

A small gray car reportedly hit a Mercy EMS ambulance that was parked at 103 Ross St., Batavia. The driver reportedly fled the scene.

The car will be missing a side-view mirror, knocked off in the accident. It was last seen heading east on East Main Street East Avenue

No further description is available. No injuries were reported.

Police are responding to take a report and look for the car.

UPDATE 10:10 a.m.: The car is likely a Chevy Cavalier.

Vintage Reserve partners Tim Walton (left) and Rob Credi (right) are pictured with Elefunk Clothing founder Jeff Birge.

Rob Credi is not shy to owning and managing businesses in downtown Batavia and he is at it again. Credi recently teamed up with Tim Walton, to open Vintage Reserve retail clothing at 214 East Main Street, inside the building that houses TopLine Shirt Company, a screen printing and embroidery company that Walton owns.

Credi, who was the owner and founder of Main Street Coffee, and most recently the manager of The Daily Grind coffee shop owned by Ken Mistler, said "The timing worked out perfectly. Tim approached me and told me that he had space that he needed to fill and I always wanted to get into the screen printing and clothing business so it was perfect".

Vintage Reserve currently offers three full clothing lines and has styles for both men and women. The store's self named brand, Vintage Reserve, a line developed by Credi is a line that offers retro styled clothing that is themed on music and the rebirth of our culture. Walton developed Narrabeen Surf Co., a beach styled lined that represents the surfer and beach theme. The last line is an urban styled line, Elefunk Clothing Co., that was originally established in 2002, by founder Jeff Birge and Tim Torrey.

"We want to be the clothing store where you want to go when it's time for clothes shopping. We hope people give us a look before traveling to the mall to buy their outfits." Walton said. "Our prices are competitive and our styles are ones that people want to wear".

Currently the store offers a variety of shirts and has plans to expand to pants, hoodies, bags and other clothing accessories.

Credi and Walton celebrated their official grand opening of Vintage Reserve on April 10 and have had an overwhelming response from the local community. They recently launched their online webstore, www.vintagereserveonline.com, and have been able to expand their customer base to as far as California and Montreal.

Photo courtesy of Nate Oaksford/ NMO Photography

This evening at the carnival, I thought I should get a picture of the midway from a rooftop, and when I saw Steve Valle in front of Valle Jewelers, I asked him if I could borrow his rooftop. We got up there just in time to see the entire flock of gulls on the Latina's roof take flight (unfortunately, none of those shots really turned out). Steve allowed me to hang out a bit longer as the sun set, and eventually, I got this shot.