batavia

BATAVIA , NY -- In a brief conversation this morning, District Attorney Lawrence Friedman said he wasn't surprised yesterday when the attorney for Scott Doll, accused of murder, implied that maybe it was Doll's son who killed Joseph Benaquist on Feb. 16, 2009 in Pembroke.

As for whether Josh Doll will be called as a witness in the case, Friedman at first said, "You'll have to ask them," motioning toward the defense table. 

Asked if Josh Doll was already on his witness list, Friedman said Judge Robert Noonan doesn't really like attorneys to specify who is on what list.  He then said, "I just don't know (if he will be called)."

Doll's attorney, Paul Cambria, said he never discusses beforehand who he plans to call as a witness.

Of course, under the 5th Amendment of the U.S. Constitution, people have the right not to make statements that implicate themselves in crimes. If Josh Doll took the stand, he could refuse to answer any questions that might implicate him in a crime.

Of course, if he wasn't involved in the crime, he would be compelled to testify truthfully to anything he knew.

An attorney we spoke to said that under court rules, neither the prosecution nor defense can call a witness they know in advance will take the 5th.

In yesterday's opening remarks, Cambria said that according to Scott Doll, Benaquist's dying words were, "The boy. The boy."  Some minutes later, Cambria said, Doll began to wonder if those words meant that Josh Doll was the killer.

Cambria used the concern of Scott Doll over the possible involvement of his son to suggest that Doll's state of mind may explain some of his actions and statements to Sheriff's deputies.

The trial restarted this morning shortly after 9:45 a.m.

Because of a prior commitment for Judge Noonan, today's trial session will end at 12:30 and resume Monday morning at 9:30.

A Le Roy resident admitted in Genesee County Court today that in September he broke into a Pavilion business and damaged property there.

Bryan M Hargrave, 23, of 61 Myrtle St., Apt. B2, Le Roy, was charged with three counts each of: burglary; burglary 3rd; criminal mischief; and petit larceny.

As part of a plea bargain this morning, Hargrave agreed to admit to one count of burglary, 3rd, and one count of criminal mischief.

As part of the plea arrangement, he faces a maximum of six months in jail and five years probation.

That sentence cap could be lost if he violates the terms of his release under supervision -- an issue that apparently had him in court for a review of his bail status this morning after he allegedly violated terms of his RUS recently.

“You understand that if you do the same thing tomorrow that you did last week, you could end up going to state prison," Judge Robert Noonan said.

"Yes, your honor," Hargrave replied.

Assistant District Attorney Kevin Finnell opened the hearing by noting that Hargrave had allegedly violated his RUS terms and, after consulting with his defense attorney Gary Horton, was now ready to accept a plea offer.

Hargarve admitted to breaking into Pavilion Drainage, 6630 Route 63, Pavilion. He was also accused of breaking into B.W.'s Bar, 11070 Perry Road, Pavilion, and Willow Bend Inn, 3489 W. Main St. Road, Batavia.

As part of his plea, Hargrave agreed to pay whatever restitution is required for all charged break-ins.

James Daniel Pontillo, 43, of Stafford, is charged with harassment, 2nd. Pontillo was arrested for an incident that allegedly occurred Feb. 17 at 5122 Clinton St. Road in Batavia. The Sheriff's Office news release says Pontillo allegedly "subjected a female to physical contact." No further details were released.

Aaron J. Allen, 21, of Batavia, is charged with trespass. Allen was arrested by State Police for an alleged incident on April 7. No further details were provided.

(name redacted upon request), 22, of Rochester, is charged with DWI and with driving with a BAC of .08 or greater. Felong was arrested at 3 a.m., Thursday by State Police on the Thruway in Pembroke following a single-car property damage accident.

The students at GCC were all smiles Thursday evening as Care-A-Van Ministries held their annual end of year cookout for the students.  Approximately 200 students came out for the picnic and to enjoy listening to the music of the Care-A-Van Band.

During the school year, the ministry goes once a month and knocks on all 95 dorm rooms to offer treats, prayers and encouragement. The Care-A-Van is their church away from home. Great relationships were built with the students over the year. It was an awesome time tonight celebrating the students success with them.  A special thanks to MJ from security and all the RA Advisors who helped unlock the buildings on our monthly visits. We wish all the students a very blessed summer! See you in the fall!

Elder Ron is the Care-A-Van Pastor and the students just love him!

I think the Men's basketball team was trying to sign Elder Ron up for next year! 

The camouflage overalls Scott Doll wore the night of Feb. 16, 2009 were stained with human blood, not deer blood.

His knees were so saturated that it soaked through his correctional officer work pants and stained his skin. One of the excuses he offered when questioned by a Sheriff's Deputy that night was that he butchered deer.

When first approached by a deputy, he was carrying a jack and lug wrench in his pockets, and offered contradictory statements about what he was doing walking on North Lake Road in Pembroke.

Late morning and afternoon testimony on the first day of Doll's trial -- over the killing of Joseph Benaquist in an alleged business-partnership deal gone bad -- put the accused in the vicinity of the murder scene covered with blood and unable to fully explain the situation to deputies.

Deputy James Diehl was dispatched to Pembroke after a report of a suspicious person. Doll was northbound on the east shoulder of the roadway, wearing overalls and a white firefighter's hood sock, which covered his face and head except his eyes.

Diehl testified that Doll had bulges in both pants pockets. The officer pulled up within 20 feet behind him and an object fell out of Doll's left front pocket, onto the ground in front of a mailbox.

It was a tire jack, but he made no attempt to pick it up and continued walking toward the deputy's vehicle as he was motioned to do. Doll pulled a tire lug wrench out of his right front pocket to show the officer, too.

Diehl asked the Corfu resident why he was out walking in Pembroke. Doll replied that he had parked his car at a nearby repair garage and was taking tools to a friend's house. He was walking there in order to get a cardio workout, because he had a doctor's appointment the very next day and needed to lower his cholesterol and heart rate. He wore overalls because it was cold.

The deputy noticed "what appeared to be wet blood marks" on Doll's clothing. When asked about the bloody overalls and white sneakers, Doll said "I butcher deer."

Doll retrieved the tire jack, emptied his pockets -- a wallet, a lone car key, some Seneca cigarettes, a green Bic lighter and a screwdriver. Doll asked to be taken back to his van.

Things weren't adding up, Diehl said, and he told Doll he was taking him into custody until there were some answers. The deputy cuffed Doll, put him in the back seat, and the tools on the front seat, so they wouldn't scratch up the upholstery.

They drove to where the van was parked. (It was actually his mother Audrey's vehicle, which Scott was driving because his daughter had borrowed his truck.)

Pulling into the repair shop, the deputy saw a red Ford Windstar mini-van, a blue van and a white van. He noticed bloody work gloves, palms up, on the hood of the blue van, blood spatters on the door on the Windstar and its driver's seat.

On cross-examination, attorney Paul Cambria asked if Doll tried to flee after the object fell out of his pocket on North Lake Road. Diehl answered no. Cambria asked if Doll retrieved the object when asked to -- "he didn't try to throw it in a field." Diehl said no, he retrieved it. When Doll was asked for identification, he provided it, correct? Cambria asked. Yes, Diehl replied.

Cambria asked if Diehl had noticed bloody footprints in the snow, blood on the front headlight of the Windstar, along the driver's side, to the back lights. Yes, the deputy said.

Cambria asked if Diehl heard Doll ask for an attorney. Diehl said no, but he was told that Doll had indeed asked for one. Cambria asked if, when cuffing Doll and putting him into the patrol car, he had read him his Miranda warnings? No, was the answer.

(The Miranda warnings are a recitation of a person's Constitutional rights once taken into custody.)

Next on the witness stand was Deputy Patrick Reeves, a 13-year veteran of the Sheriff's Department and a Pembroke native. He knows Doll, used to work for the Doll family at the Super Duper and later the Jubilee Market. Reeves was shift commander the night in question and met up with the two men at the car repair shop.

Reeves said there were no lights on in the parking lot. Doll's coveralls were unzipped and his hair was disheveled. He asked Doll were he was headed and Doll said to see friends, but couldn't say where they lived. He told him about doing cardio, but Reeves noticed his shoes, which were so worn out they were practically soleless, were not appropriate for that activity in that kind of weather.

Reeves shined his flashlight on Doll and saw flecks of blood on his cheek, nose and on his knees, which Doll said was "old blood." The officer knows the Pembroke area intimately, knows about hunting. He pressed Doll about butchering deer and Doll said "It's not deer blood."

At that point, Reeves said his heart was pounding.

"I was getting scared," Reeves said.

He asked Doll if there was someone out there who was injured and needed an ambulance.

"Pat, you know me better than that," Doll replied.

Reeves then noticed various "dings and dents" around the bloodied vehicle and a single set of footprints and called an investigator to the scene.

"Things weren't adding up in my mind," Reeves said. "I thought maybe he was afraid of killing a deer out of season and losing his hunting license. I told him not to worry about that. Who cares?"

Doll replied, "Listen, I got three months to retire, Pat, I don't want to talk about it."

Reeves observed blood marks on the bottoms of Doll's shoes.

"It was clear to me that there was more to this, so I walked him back to the patrol car," Reeves testified.

District Attorney Lawrence Friedman asked if Doll said he wanted an attorney.

"I don't want to talk about the blood anymore," Reeves recalled Doll told him. "... Do what you gotta do."

So Reeves asked if there was anyone he wanted to speak to and Doll said an attorney. But because Reeves remained concerned there might be a person needing immediate medical attention, he continued his line of questioning without getting Doll an attorney, and felt legally justified in doing so.

Cambria asked if Reeves and Diehl later searched the roadways looking for any evidence. They had, Reeves said, noting they looked off the shoulders, in the ditches, in nearby brush and, in some places, up to the trees.

Cambria asked if Reeves was aware, that the few houses that were in the rural area had their garbage cans out. Yes, said the deputy. Did you look in any of the garbage cans for evidence? Cambria asked. No, only in front of one house, Reeves replied, and nothing was found.

Did Reeves recall being asked if Doll said "I didn't do it"? Reeves, said no, he couldn't recall that.

But Cambria produced testimony from Reeves on a pre-trial transcript, page 100, where Reeves states "He told me he didn't do it."

Under questioning, Reeves acknowledged that he concluded the bloody footprints were Doll's.

When Doll asked for an attorney, Cambria asked, "did you give him a phone?"

No, said the deputy.

"Did you give him any opportunity to get an attorney?"

No, said the deputy.

"The request was ignored, was it not?" Cambria asked.

"At that time," Reeves replied.

Doll, who turns 48 on May 16, was flanked by his attorneys during the testimony and appeared calm and attentive, wearing a charcoal-gray, pinstriped suit. The jury of five men and 12 women were equally attentive.

Courtroom sketch from today's proceedings depicts D.A. Lawrence Friedman questioning Investigator Kris Kautz about blood evidence. The sketch was drawn by Colin Dentino exclusively for The Batavian. To view a larger version of the sketch, click here.

I was at the Bontrager auction house today talking with Todd Jantzi and looking at all the farm and other equipment being set out for this Saturday's auction when he said, "Come here. I want to show you something."  He said, "I'm really proud of this." and he opened a storage shed and said, "We have a Wiard Plow."

Todd said an Amish gentleman brought it in to be sold at auction, but he doesn't know where the Amish farmer got it from.

As you can see from the picture above, it's in pretty good shape.

Wiard Plows were manufactured in Batavia from the 1800s some time until well into the 20th Century.  You can still find a "Wiard Plow" sign painted on a red building off of Swan Street, behind the Harvester complex.

George Wiard was one of the leading citizens of Batavia in the 19th Century.  This biography says:

Mr. Wiard is one of the progressive men of this town. He has always been foremost in promoting enterprises that tended to the advancement of the educational, moral and religious interests of Batavia. He was for many years a member of the board of education and served five years as its president. He was chairman of the building committee that erected the Baptist church and was one of the committee having in charge the construction of the city water-works. He has been a director of the Genesee County Permanent Loan and Building Association since its organization in 1878 and for the last eighteen years has been the president. Politically he has always been a Republican.

NOTE: This case was dimissed in July or August of 2010.

A Bergen woman is under investigation by State Police for allegedly fraudulently gaining access to an elderly woman's bank accounts and stealing thousands of dollars.

Michele Case, 45, of 7100 N. Bergen Road, has already been indicted on two counts of grand larceny by a Genesee County grand jury and faces a grand jury hearing in Orleans County.

Investigator Leo Hunter of the New York State Police said Case allegedly stole more than $35,000 from Alfreda May, a former Rochester resident who moved to Holley before her death.

Hunter said the case started when the mother of Case's boyfriend was found late one night wandering a residential street in Rochester in nothing but her nightgown looking through trash cans.

May was taken to the hospital and diagnosed with dementia, a diagnosis later confirmed by her personal physician.

Case then took May to her attorney -- "not Alfreda May's attorney, not the family's attorney," Hunter said -- and had herself made power of attorney for Alfreda May.

After becoming power of attorney, Hunter said, Case broke up with her boyfriend and began allegedly accessing May's bank accounts for her personal use.

On Dec. 6, in Genesee County, Case was indicted on two counts of grand larceny, 3rd.

The indictment alleged that between July 2004 and September 2005, Case wrote checks and made e-check withdrawals from the woman's account for a total of $10,799.

The second count alleges that while in the City of Batavia, on the same dates, Case made ATM withdrawals from May's account for $3,697.20.

Hunter is unsure when the case will be submitted to the Orleans County grand jury.

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

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

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

But if not Doll, then, who? 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When a man and a woman entered a restroom together at a West Main Street Restaurant about 9:30 p.m., Thursday, it made employees suspicious, so they asked the couple to leave.

They refused.

Batavia Police were called.

When police arrived, they found the couple locked in a stall together.

After being taken out the stall, they were interviewed by police and found in alleged possession of hypodermic instruments and drugs.

Arrested where Jason R. Anderson, 28, 6742 Oak Orchard Road, Elba, and Sophie A. Jeschke, 20, of 10203 Goodman Road, Alexander.

Anderson was charged with trespass, possession of a hypodermic instrument, two counts of criminal possession of a controlled substance and possession of a controlled substance not in its original container.

Jeschke was charged with trespass, possession of a hypodermic instrument and criminal possession of a controlled instrument.

They were jailed on $1,000 bail each.

A Livingston County man who thought he met a 15-year-old boy in an online chat room and agreed to meet him in Batavia for sexual activity was convicted in a Federal Court today of online enticement of a minor, receipt of child porn and possession of child porn.

Dalton Wilke, 45, of Conesus, was arrested in Batavia in August, 2008 based in a large part on the work of Police Det. Todd Crossett. Crossett had posed as the 15-year-old boy in the online chat room.

Crossett said today that he was notified that Wilke was convicted of all counts and taken into custody. He will be sentenced at a later date.

Wilke faces a minimum of 10 years in prison, with a life sentence possible. Each count is also punishable by a fine of up to $250,000 each.

Assistant U.S. Attorneys Craig R. Gestring and Marisa J. Miller who tried the case, stated that the defendant engaged in a series of sexually explicit online chats with a person he believed to be a 15 year old boy.

Over a period of 5 months, Wilke repeatedly attempted to induce, persuade, and entice the child to meet for sex. A meeting was finally arranged in August of 2008 at a park in Batavia.

When Wilke arrived at the park he was met not by a 15-year-old boy, but by FBI agents and Batavia Police officers.

Following his arrest, FBI Agents seized the defendant's computers from his home in Consesus.

A forensic analysis of these computers, performed at the Regional Computer Forensic Lab, linked them to the online enticement, and also recovered a 48 minute long video depicting two young boys engaged in sexually explicit conduct.

In addition to finding the defendant guilty on all counts, the jury also determined that the 2004 GMC Sierra pickup truck which the defendant drove to the meeting location was subject to forfeiture.

Sentencing is scheduled for August 6, 2010, in Rochester

A year ago, Crossett was recognized by the National Center for Missing and Exploited Children for his work on the case.

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

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

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

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

Tellesa Levon Evans, 19, of Rochester, is charged with petit larceny. Evans is accused of stealing candy from the Arrow Mart store on Clinton Street. He was located by deputies a short distance from the store, walking back toward College Village.

Corina M. Gallo, 19, of Batavia, is charged with possession of a controlled substance for sale and criminal possession of a controlled substance. Gallo was arrested by State Police at 10:25 p.m., Monday. No further information was released.

Accidents from the State Police blotter:

5:40 p.m., May 3, Exit 47, Thruway, Town of Batavia, one vehicle: Driver 1: Wade M. Blood, 53, of Lockport. No injuries reported.

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

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

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

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

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

A Batavia man pulling a boat on a trailer through Morristown was involved in an accident that sent the other driver to the hospital with a minor injury.

Douglas C. Houseknecht, 35, of 3472 South Main St., stopped at an intersection in Morristown, according to a report on NorthCountryNow.com, and then proceeded while another car was about to enter the intersection.

A car driven by Joy M. Buckingham, 29, of 178 Clinton St., Gouverneur, struck Houseknecht's trailer and boat.

Buckingham needed to be extricated from her car and was taken by ambulance to an area hospital for treatment of pain in her arm and hip.

Houseknecht was cited for allegedly failing to yield the right-of-way. Buckingham was cited for allegedly driving with a suspended registration.

Uncooperative witnesses and a victim who doesn't want to press charges means there will likely be no arrests stemming from a fight at the downtown carnival Saturday night, according to Sgt. John Peck of the Batavia Police Department.

The 19-year-old victim is a GCC student from Utica.

When police arrived on scene at 9:59 p.m., there was a group of 10 or 12 people piled onto the victim, who was having a seizure, Peck said. Some of the people involved in the melee were trying to help the victim, other people where trying to pull them off. The first concern, he said, was to deal with his seizure.

"It was pretty chaotic," Peck said.

The victim, a black male, was taken by ambulance to Strong Memorial Hospital as a precautionary measure, but it turns out he was not seriously injured, Peck said.

"It probably looked worse than it was," he said, describing the injuries as just a couple of bumps and bruises.

All of the suspects are black males, Peck said.

On Saturday night, several witnesses promised to show up at the police station on Sunday to give statements, but none of them showed up.

That night there were also white youths seen running from the carnival down Ellicott Street. Police pursued them, but were unable to apprehend them. One of the youths dropped a knife.

But, Peck said, it appears none of those youths were involved in the carnival fight and police don't know why they fled the scene.

There was a report of a second fight by the big slide, but when State Police arrived to check out the report, no fight was in progress.

The cause of the fight appears to be something someone said to another guy's girlfriend, Peck said.

In all, five Batavia patrol units, two Sheriff's units and two State Police units responded to the reported fights.

A tractor fire has been reported at Scalia's Landscape, 8106 State Street Road, Batavia.

The bobcat is not near any structures.

Town of Batavia Fire is responding.

One of the four men accused of breaking into a State Street residence last September while the elderly woman who lived there slept, was back in court today, but not on the alleged burglary charge.

Twenty-five-year-old Quentin L. Gibson faces a new charge of criminal mischief as well as two traffic citations.

While his three co-defendants in the State Street case have either pled guilty or were convicted of the crime, Gibson's case is still wending through the legal system.

While the case proceeds, Gibson has been out of jail under the supervision of Genesee Justice.

But Gibson appeared in City Court today to answer the new charges stemming from an alleged incident May 1 on Wood Street. Justice Robert Balbick adjourned the proceedings for a few minutes while Assistant District Attorney Robert Zickl consulted with Genesee Justice on Gibson's conduct since he's been out of jail.

After getting a report that Gibson has been doing well, and learning that Gibson has paid partial restitution on the alleged property damage that led to the criminal mischief charge, Zickl recommended that Gibson's release under supervision continue. Balbick agreed.

District Attorney Lawrence Friedman was in court for the Scott Doll jury selection and was not available for an update on Gibson's status in the State Street case.

Also in court today facing charges for the alleged May 1 incident on Wood Street was Thomas Culver, also facing a criminal mischief charge.

The Batavia Police department has not yet released information on the two criminal mischief arrests, so no further information on the alleged incident is available.

UPDATE: Gibson and Culver were arrested at 10:35 p.m., Saturday, for allegedly intentionally breaking the door of a friend.

Gibson resides at 27 Richmond Ave., and 31-year-old Culver's address is 13 Wood St.

Reginald Wilson was convicted April 1 of burglary and possession of stolen property following a jury trial. The other defendants in the case, Dillon Brito and Joseph Dash have both pled guilty to charges related to the State Street break-in.

In an unrelated case in City Court today: Summer Ogden, 31, appeared on an endangering the welfare of a child charge. She is in jail on $500 bail. The charge stems from an alleged April 30 incident wherein she broke a temporary, plastic window in a car while her child was in the car.

The child was not injured, according to Zickl. Ogden was arrested in March for allegedly assaulting and biting her boyfriend and also faces a DWI charge. Her case was adjourned until Thursday for review for possible referral to either mental health or drug court.

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

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

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

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

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

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

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

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

Willard and Duane Preston didn't like what they found this morning when they entered an apartment Willard owns at 122 Summit Street, Batavia, so they called police.

Three doors had been pulled from the hinges, they said, three windows busted out, trash and debris littered the attic and the garage and there were numerous large holes in the walls.

They blamed the tenants they just evicted, and spurred by a recent article on The Batavian, they decided maybe they could get the police to pursue a criminal case against their former tenants.

"What is the city doing to help landlords?" Willard said. "The city can tell the landlords what to do, but the landlords can't tell the city what to do.That's my point. Damage is done? Fine. Get them in court. Put them in jail. If they're on social services, then cut it. Get them out of here. Send them back to Rochester or Buffalo."

Officer Ed Mileham confirmed he's conducting an investigation, but said he preferred not to discuss the case further. 

Police Chief Randy Baker said last week that while it's possible to look at tenant damage as a criminal matter, gathering sufficient evidence to make an arrest can be difficult.

"We have a level of proof to meet before it’s a criminal matter," Baker said. "One is, was it intentionally done or recklessly done? Then it’s a matter of identifying who did the damage. We can’t always meet all those criteria, so sometimes we can’t file the criminal charges."

Mileham said he did have a case about a year ago where a woman trashed an apartment owned by James Pontillo, and in that case, Mileham said, he did make a felony arrest.

In the case of the former tenants at 122 State, a woman was originally living there with a boyfriend who had "a good job in Rochester," Willard said. She was drawing social services benefits and had a job, too.

After breaking up with her boyfriend, apparently, she asked permission to have another man move in with her, to help her pay the rent.

"Why not?" Duane said. "It helps her and it helps us. What are we going to do, say no?"

But it wasn't long, Duane said, before the couple stopped paying rent, so they started eviction proceedings. It was during the eviction period, Duane said, that he believes they did most of the damage to the apartment.

"When she moved in, the apartment was clean and recently painted," Duane said. "It was beautiful."

Pointing to an abandoned couch, Willard said that it would cost $10 to have it removed, and $10 for each of the busted TVs left behind, plus $35 for a broken smoke detector, and all of the debris left in the attic and the garage.

"The small stuff like this ads up into thousands of dollars, at least $2,000," Willard said.

And it's hard to collect from tenants like those who just moved out, Duane said, because she's on DSS and the boyfriend -- whom he said claimed to be the son of a local contractor -- worked for various roofers, contractors and property owners around the city, always getting paid allegedly under the table, so there's no way to garnish the wages of either tenant.

While both of these former tenants have longtime roots in Batavia, both Duane and Willard pointed to transplants from Rochester and Buffalo as a cause for deteriorating neighborhoods.

"Batavia used to be pretty rosy," Duane said. "I've been in this business for 20 years. The streets used to be beautifully lined and the houses were all kept up. Now -- well, I'm glad we have an enforcement officer who says, 'let's get things cleaned up.' That's great because I'd like to protect my investments."

Top photo, Duane Preston points to debris in the attic. Bottom photo, Duane and Willard hold broken hinges, which Willard said showed no sign of wear or rust, but were just sheared off.