batavia

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.

A Batavia man who drove the wrong way on a Connecticut freeway March 25, causing a fiery crash that took his own life and the life of another driver, was sober at the time of the accident, according to a medical examiner.

The Day newspaper reports that no drugs or alcohol were found in a toxicology examine.

The findings confirm reports by witnesses that Lance Lewis, 36, was driving straight and at normal highway speeds prior to the crash.

That Lewis was not under the influence is a confounding revelation to investigators, who conceded Tuesday that answers may never be found.

"At this point, we need to start investigating other reasons or other possibilities of why he drove the wrong way," state police Sgt. William Bohonowicz said Tuesday. "We might not truly ever know. However, we now have to investigate aspects of possible suicidal tendencies or medical (reasons)."

The Day's coverage includes seven audio clips of 9-1-1 calls, first reporting the wrong-way driver, then reporting the accident. On one of the calls, the caller never responds to the dispatcher, but you can hear somebody in the background yelling for a fire extinguisher.

Witnesses also say that Lewis was driving with his headlights off. One witness says that when he first went on the freeway, it looked like he realized his mistake and started to turn around. But ended up making a 360-degree turn and continued down the freeway in the wrong direction.

A car fire is reported across the street from 7890 Kelsey Road, close to Galloway Road. Town of Batavia Fire Department is responding.

UPDATE (4:59 p.m.): The current dispatch says it is not a car fire, but rather there are wires down. They are not in the roadway. This was caused when a farm vehicle, carrying an oversized load of scrap material, accidently pulled telephone lines down.

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.

Redevelopment plans first published in 2005 for the area of Wiard Plow factory buildings show the section of buildings destroyed by fire being torn down.

However, when The Batavian spoke with Tom Mancuso of the Mancuso Business Development Group, Mancuso said the fire was a significant set back for redevelopment and the buildings destroyed were a key part of the project.

A reader pointed out this seeming contradiction, which we missed at first, so we got a message to Tom Mancuso -- who is traveling -- and Mancuso replied via e-mail:

Our current redevelopment plans for Swan had contemplated demolishing the street front buildings in order to create parking for the mixed use commercial/residential renovation of the 3 story building sections which have now been destroyed.

In view of this loss, we now need to evaluate the condition of the remaining structures, determine what will survive and decide what a feasible redevelopment of those sections might look like (and cost).

In a comment on our previous post, Tim Hens says:

The plan linked from the City Web Site is a "conceptual" plan from 2005. Things have changed in the redevelopment. I have been involved in the process and the Wiard Bldg was not one scheduled to be demolished.

"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.

Among the wind damage from Saturday was a massive tree limb that came down in St. Joe's cemetery on Harvester Avenue. As of yesterday evening, it hadn't been removed yet. The limb knocked askew several headstones when it fell.

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.

The destruction of one of the Wiard Plow buildings in a massive fire Saturday will have the Mancuso Business Development Group going back to the drafting table, said owner Tom Mancuso on Monday night.

The very structure that was destroyed, despite its deteriorated condition, was a key building in redevelopment plans, Mancuso said.

"There's a lot to sort out and I still haven't processed it all yet," Mancuso said. "We need to understand what steps we need to take. We'll need to take some time and re-evaluate the viability of redevelopment."

Mancuso and the City of Batavia received a grant from RestoreNY for the Masse Gateway Project last year, which is the first phase of redevelopment of the million-plus square feet of industrial buildings that encompass the Harvester Center, the Masse building and the Wiard Plow structures.

Masse Gateway is intended to open an attractive entryway, featuring renovated Masse buildings off of Masse Place, into the entire Masse-Harvester-Wiard complex.

While the fire won't disrupt the Masse Gateway plans, Mancuso said, the building that was destroyed would have been redeveloped as early as phase two, and certainly by phase three.

The building was included in a RestoreNY grant that was rejected by the state a few years ago, Mancuso said, stressing its importance to his redevelopment plans.

"Now we have to move forward," Mancuso said. "I just don't know as we speak what that looks like."

The Wiard Plow building loss was a stunning blow, Mancuso admitted. When the buildings were acquired by the Mancuso Group in the 1980s it was with the intention to eventually redevelop the property, he said.

Mancuso even turned down offers a few years ago from construction firms that wanted to recover the beams in the building. Those developers offered to take the building down at no cost just to remove the heavy timber, but Mancuso turned down those offers because redevelopment rather than destruction was the goal.

"We bought the building to keep it from being torn down, so it is hard," Mancuso said. "It's not the way we wanted to see it go."

As for the bricks, which some people have speculated have some value, he said those evaluations might be overstated, but he would certainly entertain purchase offers for the old masonry.

Even as he takes a look at the viability of redevelopment, Mancuso said he is hopeful there will be a way to move forward.

UPDATE: In a comment on another post, Dennis Wight posted a link to the Masse Swan Village planning document (PDF) available on the City of Batavia's Web site. It clearly shows that the building destroyed in the fire was not intended to be one of the buildings left standing in the renovated complex. When we spoke last night, Tom Mancuso said he was leaving town for a few days. I have, however, left messages for him. I'll try to clarify this issue with him the next time we can talk.

Photo: One of the last photos ever taken from inside the Wiard Plow factory. It was snapped by The Batavian following a 1:40 p.m. fire on Saturday -- six hours before the second, more destructive fire. For the other three final photos available, click here

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.

Four or five people were interviewed Saturday in connection with the Wiard Plow fire, which police are calling "suspicious," but stressing there is yet no direct evidence that the fire was set intentionally.

"We don't know if anybody was involved," said Det. Kevin Czora. "Again, it hasn't been ruled accidental and it hasn't been ruled intentional."

There is no evidence, according to a Batavia Police news release this afternoon, that the large inferno of Saturday night was the result of lingering embers from a fire earlier Saturday at the same location.

Fire officials stress that the location was checked by several fire personnel after the fire, and a fire investigator even returned to the scene an hour after the first fire was extinguished to continue his investigation. He saw nothing to suggest there was anything left smoldering.

Non-department witnesses were also in the building after the first fire and saw nothing to suggest the fire wasn't anything but completely extinguished.

The building was without electrical power, so a short or other electrical problem has been ruled out as a cause of the fire.

A reader of The Batavian reported seeing two youths running from the scene at the start of the second fire.

There have been no arrests in the case and Czora said that right now the police are just talking with individuals about what they may know or what they saw. None of the subjects are considered suspects at this time.

"We're continuing to do interviews and, where they may lead or not lead, we'll just have to wait and see," Czora said.

Lt. James Steinbrenner is continuing his investigation for the fire department. It will be up to him to determine the cause and origin of the fire. He was unavailable for comment this afternoon.

Earlier, Steinbrenner told The Batavian that it was unclear if the first fire was set intentionally or accidentally. There was evidence of casual use of fire in the building (such as four small birthday candles laying down with the burned ends hanging off a table in a room adjacent to where the fire started). The fire did not fit the profile of arson, Steinbrenner noted, because it occurred during the day and there was no accelerant used to fuel the fire.

The first fire, which was reported about 1:40 p.m., was a small fire contained to an abandoned office filled with reams and reams of old files.