batavia

BATAVIA, NY -- Blood spatter on the coveralls worn by Scott F. Doll the night Joseph Benaquist was killed suggest that Doll was not the one who bludgeoned Benaquist to death, said an expert witness brought in by the defense.

It's nearly impossible, said Herbert MacDonell, of Corning, that the spatter on the coveralls and the spatter on a Ford Windstar, which Doll seems to have been driving that night came, from the same impact event in a source of blood.

In fact, MacDonell said, the spatter on the coveralls is more consistent with expirated blood (such as if Benaquist coughed it up while talking with Doll).

MacDonell postulated that if the person who killed Benaquist was holding him down with his left hand, kneeling over him, beating him using a blunt object in his right hand, then the left sleeve of the coveralls should be covered with a lot more blood than it is.

Further, MacDonell said, the back swings of the assislant would cause spatter on the back shoulder and the back leg of the coveralls, and there is only one spatter spot on the back leg of the coveralls.

The inconsistancy with MacDonell's testimony -- which was not clearly drawn out by either the prosecution or the defense -- is that there has been no evidence introduced thus far (and the prosecution has rested its case) that the murderer was kneeling and holding Benaquist down at the time of the attack.

In fact, Cambria has pursued a line of questions with other witnesses that suggests Benaquist fought for his life, causing blood transfer on two nearby vehicles, including the underside of a Nissan Altima.

It's unclear, based on today's testimony, where MacDonell came up with the assumption that Benaquist's killer was kneeling and holding him down with his left hand.

Based on his examination this morning of the blood spatter on the coveralls, MacDonell concluded that the spatter was from a blood source that had already started to clot.

Fresh blood, he said, would immediately soak into the fabric, but in this case, MacDonell said, the blood drops landed on the coveralls and didn't penetrate the cloth, sitting there, he said, "like a fried egg."

This would suggest, he said, that the person wearing the coveralls came in contact with a source of blood spatter some time after the initial attack. 

He also said the spatter on the Windstar was consistent with a stronger-force impact into a source of blood than that of the spatter on the coveralls.

Assistant District Attorney Will Zickl asked a series of questions related to possibly faulty assumptions and how a different assumption might change MacDonell's conclusions. But he never asked just why MacDonell thought the killer was holding Benaquist with his left arm.

Autopsy photos show that Benaquist received blows to the sides, front and back of his head, not just one side.

Zickl did try to impeach MacDonell's testimony by drawing out of him that he did not produce a written report for the trial.

MacDonell at first said he didn't need to produce a written report because the conclusions were obvious. He then said that in the months leading up to the trial, he only had photographic evidence to review. He said that if he had received the coveralls to examine, he would have produced a written report. Yet, MacDonell never asked to examine the coveralls and did not do so until about an hour before this morning's testimony.

Zickl also wanted to pursue a line of questioning about peer review, noting that the prosecution's bloodstain-pattern expert wrote a report and put it through technical "peer" review with a colleague of MacDonell's. But after a discussion with the jury out of the room, Judge Robert Noonan ruled that a discussion of the peer review would mean the use of hearsay.

A house on South Main that was knocked off its foundation when it was hit by an allegedly speeding pickup truck in early March is just about gone.

Workers started demolishing the house this morning and say by tomorrow there will be a level, gravel-covered vacant lot where the duplex once stood.

More than a dozen parents have contacted The Batavian in the past 15 minutes saying they've received calls from Margaret Puzio, superintendent of the Batavia School District, informing them that a student in the district was abducted this morning.

Det. Rich Schauf is currently investigating the case and is not available for an interview at this time and all media calls about the case are being referred to Schauf.

At this time, no further information is available about this case.

UPDATE 2:22 p.m.: WBTA's Geoff Redick reached Puzio by phone and Puzio told Redick that "the child is with police." She refused further comment. The child, according to the pre-recorded message automatically phoned to parents this afternoon from Puzio, said the child was abducted this morning while headed to school.

UPDATE 2:40 p.m.: WBTA spoke with Det. Todd Crossett who said a girl was picked up and placed in a car on Washington Avenue this morning. Police found the girl this afternoon and she is now with police, according to Crossett.

Genesee county crews were hard at work on Pratt road this morning removing trees and branches that were a potential hazard to drivers.

BATAVIA, NY -- The prosecution rested its case -- meaning District Attorney Lawrence Friedman has presented all of his evidence -- on Thursday, and Monday morning opened with defense attorney Paul Cambria calling his first witnesses on behalf of Scott F. Doll.

Doll is accused of killing Joseph Benaquist on Feb. 16, 2009, in Pembroke.

During last week's testimony, Friedman presented evidence that showed the blood of Benaquist was found spattered on Doll's coveralls and the Ford Windstar he was reportedly driving that night.

The defense does not dispute that it was Benaquist's blood at the crime scene and on Doll, but Cambria does dispute how the blood got there.

In his opening remarks, Cambria said Doll arrived at the murder scene after Benaquist was attacked and heard his dying words, "The boy. The boy." Those final words haunted Doll, Cambria said, who wondered if his son Josh might have beaten Benaquist to death.

In his opening remarks, Friedman said he would ask the jurors to "connect the dots." 

Those dots include a flat tire on a Pontiac G6 that Friedman says was at the heart of a dispute between Benaquist and Doll, and a broke jack next to a Nissan Altima that had a blood smear on the undercarriage.

In cross examination of a blood-pattern expert last week, Cambria suggested that maybe that blood got there as Benaquist fought for his life, not as a stain transfer from a bloody glove of Scott Doll.

Doll was found that night walking on North Lake Road toward the murder scene carrying a jack, a lug wrench and a screwdriver.

Included in the prosecution's case were records of phone calls made to and from Doll's mobile phone, including one to the Adesa auto auction and five incoming calls from Josh Doll. 

Cambria said it will take "a couple of days" to present his case.

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

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

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

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

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

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

Recent Genesee County Grand Jury indictments:

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

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

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

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

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

I happened to be out to Lei-Ti Campground (on Francis Road, Batavia) this morning and while there strolled over to the miniature golf course and snapped these two pictures.

Are you ready for some baseball?

The Dwyer Stadium Box Office opens at 10 a.m. on Saturday, May 22 for the 2010 season.

This is also the day when the Muckdogs will host their summer Job Fair, from 9 to 11:30 a.m. Positions available include picnic supervisor, cashiers, cooks, bartenders, batboys, and ushers. All applicants must be at least 16 years of age.

Additionally on Saturday, the Muckdogs will conduct the 3rd annual National Anthem contest. This event will begin promptly at noon. Auditions will take place at home plate and will be preformed a cappella.

The winner will sing the National Anthem and God Bless America at the July 3rd game between the Muckdogs and Auburn Doubledays. Runners up will be eligible to sing at remaining home games during the 2010 season. 

The Muckdogs open their 2010 home schedule on at 7:05 p.m. on Saturday, June 19 vs. the Auburn Doubledays.

Beginning May 22, the Dwyer Stadium Box Office's regular season hours are 9 a.m. to 5 p.m., Monday through Friday, and 10 a.m. to 2 p.m., Saturday.

On Wednesday, Assemblyman Steve Hawley voted against legislation introduced by the Assembly Majority that he claims further imposes on the 2nd Amendment Rights of lawful gun owners and places costly mandates on firearm manufacturers.
 
“The legislation introduced...is an absolute violation of the 2nd Amendment Rights of New Yorkers," Hawley said in a news release. "Although the intention of the legislation is to prevent violent gun crimes across the state, the fact is that most gun-related violence is committed by criminals who obtained their firearms illegally.
 
“Unfortunately, the Assembly Majority has disregarded this fact, as these new restrictions will not only end up hurting the sportsmen who value the tradition of hunting, but also the small businesses and manufacturers that they support.

"Instead of continuing to place more restrictions on law-abiding citizens and businesses, the Majority should be working on legislation that will help pursue the criminals who obtain their firearms illegally.”
 
Assemblyman Hawley opposed bill A.6468-C, which requires that manufacturers micro-stamp ammunition, and bill A.10894, which requires firearm owners to re-license their pistols every five years. Both bills passed. They were introduced as part of what Hawley calls the "Assembly Majority’s annual Anti-Gun Package."

“Protecting New Yorkers from violent gun crimes should not be done in a way that hurts law-abiding citizens. I...will continue to vote against future legislation that violates our constitutional rights."

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

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

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

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

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

Batavia Fire is being dispatched to 33 Swan St., the location of Saturday's Wiard Plow fire, after a caller reported seeing smoke coming from the rubble.

A first responder reports a mild scent of smoke.

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

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

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

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

Accidents from the State Police blotter:

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

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

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

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

A Lancaster woman involved in a single-car crash Thursday in the Town of Batavia said she doesn't remember what happened prior to her car hitting a utility pole.

The woman suffered minor injuries but declined transport to the hospital.

Laura Butler Hughes, 22, of Cloverside Drive, Lancaster, was driving a 2005 Toyota sedan westbound on Route 33 near Sunset Terrace when her car crossed the roadway, went off the shoulder and hit a utility pole.

The accident occurred at 4:41 p.m.

Hughes reportedly told Sgt. Greg Walker that she only remembered seeing the pole as her car struck it.

No citations were issued.

Pictured above is Eric, the Employment Specialist with Community Action sharing of the programs that they offer.

Community Action was just one of many organizations including Care-A-Van Ministries that particpated in the Community Resource Organization which was held for all mothers at the South Campus of Northgate. This was an evening planned for the moms so they could learn of the different agencies and organizations and the services they provide here in the community.  This event was sponsored by the Northgate church.

Sherry from the YWCA was on hand to share of the Powered Up programs and other services that are availabe for women at the YWCA.

As I pulled into the parking lot at Northgate this evening, I saw this group of young men and women. I questioned as to who they were.

I was told it was the Teen division of the Civil Air Patrol which is part of the Air Force Auxilary. What an awesome program for young men and women! They told me they get together at the South Campus of Northgate every Thursday evening.

It's a civil matter, say local prosecutors, after looking at a recent case of alleged damage done to an apartment at 122 Summit St.

The Batavian reported on May 4 that landlord Willard Preston called in police after viewing holes in walls, broken window frames and piles and piles of trash allegedly left by a tenant recently evicted.

Batavia Police Officer Ed Mileham said this evening, following his investigation into the matter and reviewing the evidence with an assistant district attorney, that there is insufficient proof for a criminal mischief charge.

Mileham said he has successfully brought a case to the district attorney's office involving tenant damage to an apartment. But in that case, there was clear evidence that the damage was done in a short amount of time and after the tenant expressed a desire to break a lease.

In this case, the tenant was in the apartment for a year and a half and there's no evidence that the damage wasn't anything more than carelessness carried out over the entire span of the tenant's residency.

A woman was reportedly spotted riding a red bike in the area of North and State streets holding up a lighter as she peddled along.

A few minutes after the initial call, she was reported in the area of Wendy's on Main Street.

Callers report she appears intoxicated.

Batavia Police has been notified.

UPDATE: An officer on scene reports several red bikes outside the door of Wendy's.