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Big tree down on Beckwith Road in North Pembroke

By Billie Owens

A large tree has fallen at 2345 Beckwith Road in North Pembroke, between Slusher and North Pembroke roads. Traffic is being shut off to the road until it can be cleared.

Wires down on Transit Road in Byron

By Billie Owens

Wires have fallen into the roadway at Transit and Edgerton roads in Byron. Fire departments in Byron and South Byron are responding.

Tree falls into garage on Prospect Avenue

By Billie Owens

A large tree has fallen into a garage at 10 Prospect Ave. in the City of Batavia. No wires are believed to be affected. Batavia Fire is responding and will be using a chainsaw to remove the tree.

Trees down, and maybe wires, on Dodson Road

By Billie Owens

Trees are down blocking the roadway at 3171 Dodson Road, between Attica and Griswold roads. Wires are possibly down, too. Darien Fire and Corfu have responded and will be using chain saws to clear the wood.

Doll's attorney puts investigation tactics under scrutiny

By Billie Owens

It was after the Sheriff's lead investigator talked with Josh Doll, that Sheriff's deputies went to Joseph Benaquist's house and found him lying, bludgeoned and frosted over, in a pool of blood in his snow-covered driveway.

In Genesee County Court yesterday afternoon, the testimony of Investigator Kris Kautz included not only details about blood evidence and the crime scene, but also what happened after photos were taken of murder suspect Scott Doll at the Sheriff's station.

At some point in the wee hours of Feb. 17, 2009, Josh Doll called the Sheriff's station.

"He was curious as to what's was going on," Kautz said. "He asked where his father was that night, and I said I didn't know."

After talking with Josh, Kautz said he notified another officer of a friend of Josh's in the area, which was either Joseph Benaquist himself, or someone who knew both men.

Benaquist's body was found by Sheriff's Deputies at 1:33 a.m.

When questioned by Doll's attorney Paul Cambria, Kautz said he did not tell Doll that his son had called.

At 3:35 a.m., Kautz was told that two women were at the station to see Doll. About 15 minutes later, Doll's girlfriend and a former department of corrections coworker were taken to Kautz's office.

The former coworker wanted to speak with Doll, and she was allowed to do so, escorted by Kautz. Doll sat on a bench at a table in the center of a stark, 12-by-8-foot hearing room. The visitor stood a few feet away on one side and Kautz the same distance on the opposite side, ready to take notes.

Deputy Patrick Reeves, who had testified earlier on Thursday, was in an adjoining control room. The doors were open. Kautz noted the three-minute conversation thusly:

"I was there but I didn't do it," Doll told the woman.

"Did something happen in your head?" she asked.

"No"

"Did it involve an animal?"

"No"

"Tell me there's no dead body."

"I can't say."

"No matter what, you get a lawyer just the same," she said.

"Let the chips fall were they may," he replied. "I believe I'll be in jail for sure. It doesn't matter what lawyer I get. I'll get what I deserve, I guess."

(Reeves earlier testified that his report did not reflect what went on at the station house, and that he didn't hear the whole conversation. But he did hear the part where Doll says "I'm going to jail.")

The accused killer still had not been permitted to contact a lawyer.

Cambria asked Kautz about the investigation in the area where the body was found. Kautz said he was aware that officers from the City of Batavia and State Police, in addition to Sheriff's deputies, searched the area initially over a two-day period. But he wasn't present throughout that time.

Among Kautz's other disclosures was that there was no blood on the lone key found in Doll's pocket. He did not inspect the firefighter's head covering Doll had on when walking down North Lake Road. In March, Benaquist's home was searched, but Kautz was unsure how many times that was done. The victim's mobile phone was never sent in for forensic testing. No one looked to see if Benaquist had heirs, which could possibly have shed new light on the case.

Nor did Kautz attend the autopsy or personally search Benaquist's house or Doll's house, or interview any of Doll's stepsons, or investigate finances.

But Kautz did know that there were 19 blood specks on a vehicle photo taken at the crime scene. That there was a bloody footprint, and bloody leather work gloves were on the vehicle adjacent to the blood-smeared Ford Windstar minivan driven by Doll. That his size-10, white, Starter-brand sneakers were in poor condition and bloody and those overalls were bloody, too.

Photos of this were shown to the jury and entered into evidence. One of the photos of Doll's face with three flecks of blood on it was left up on the projector, larger than life on the wall, well after being shown to the jury.

During the jury's recess, an annoyed Doll asked co-attorney, Daniel Killelea, why are they showing all those bloody photos?

The jury already knew he was at the scene and, according to Cambria's opening statement, holding the mortally wounded Benaquist as he drew his last breath.

Is it grandstanding? Doll asked.

"It's puffery," Killelea replied.

Doll jury sees bloody clothes, hears about initial questioning and arrest

By Billie Owens

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.

Kid stuck, but not injured, in swing at Oakfield Park

By Billie Owens

A nonemergency response from the Oakfield Fire Dept. was requested a couple of minutes ago for a youth who is not injured but stuck in a swing nonetheless.

The incident is at the Town of Oakfield Park at 37 Drake St.

Update: 6:03 p.m.: Oakfield back in service. The child was freed from the swing.

Woolly Bookworms meet Saturday morning

By Billie Owens

The Woolly BookWorms will meet at 10 a.m. Saturday, May 8 to discuss "The Hundred Dresses" by Eleanor Estes. The book discussion group at Richmond Memorial Library is for students in grades 3-5 and their favorite adult.

Special guest Peggy Thomas will be talking about writing local history and folktales. She is the author of "Joshua the Giant Frog," a funny story of adventures on the Erie Canal.

Event Date and Time
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Kids asked to hunt for 'Richmond Reader'

By Billie Owens

Attention young readers, here's a fun way to gear up for the Summer Reading Program at Richmond Memorial Library. It is a contest to find "Richmond Reader." Here's the scoop!

Flo the Flamingo is on the loose in the city of Batavia. She is trying to find Richmond Reader and needs your help. Richmond has sent a message in a bottle that he is lost on a deserted island. Flo must find him and return him to the Richmond Memorial Library by June 28 for the beginning of the Summer Reading Program.

Each week starting May 9, Flo will check a different business or agency to see if they know where the deserted island might be located. Weekly clues to the places Flo is checking may be found on the Children’s page of the library’s website <http://www.batavialibrary.org/> or by visiting the Children’s Room. The library is located at 19 Ross St.

When you find Flo, she will have words from the message that Richmond Reader sent. A prize will be given to children each time they find Flo and record these words. A special award will be given to those that follow Flo all the way to the end of her journey.

For questions or more information, contact Kelly March, youth services library assistant, at 343-9550.

GCC Golf team finishes 3rd at Tompkins-Cortland CC Invitational

By Billie Owens

Genesee Community College Golf Coach Tom Tucker provided this information:

On Sunday (May 2), the GCC Golf team finished 3rd in a field of 12 teams at the Tompkins-Cortland CC Invitational. It took place at the par 70 Elm Tree Golf Course in Cortland, NY.

GCC shot a season low team score of 309 to finish 3rd behind Monroe (287) and Erie (300) on windy but fair day for golf. The GCC team beat their previous low team score by 22 strokes.

Jeff Marcy for GCC shot a personal best 67 to tie Ben Finn of MCC for individual honors in the field of 67 players, but Finn was declared medalist on the fifth tiebreaker hole when the scorecards were compared.

Marcy had 9's of 33 and 34, and hit the ball solid all day with 5 birdies, 2 bogeys and 26 putts. Marcy continued his season long streak of top 10 tournament finishes.

Matt Ferdinand shot a smooth 80, Mark DeCook and Mike Estela each shot 81, and Alex Muench shot 83.

GCC's Roberta Terbuska shot a season low 96 to finish second to Tompkins-Cortland CC's Lauren Tallman's 80 in the individual Women's competition.

Other participating community colleges included Genesee, Niagara, Mohawk Valley, Adirondack, Jamestown, Jefferson, Broome, Cayuga and Corning.

GCC has two tournaments this week, its last two tournaments before regionals.

On Friday, GCC will compete in the MCC Invitational at Webster Golf Club in
Webster. It is located at 440 Salt Road. And on Saturday GCC will host its first Invitational Tournament at the Batavia Country Club, tee times start at 10 a.m.

Spectators that want to see some good NJCAA Division lll golf are invited to attend.

Truck shears off boom at Route 5 bridge in Le Roy

By Billie Owens

A big boom truck has struck the overhead bridge westbound on Route 5, Main Street, in the Village of Le Roy.

"It took the boom right off," says a responder.

The boom is in the roadway, completely blocking traffic. Le Roy Fire has been dispatched to handle traffic and as a precaution.

The driver has unknown, if any, injuries.

UPDATE: Photo above was submitted by a reader.

Hotdog stand at Walmart benefits shelter animals

By Billie Owens

Beginning at 11 a.m., Sunday, May 2, there will be a hotdog stand set up at the Batavia WalMart to benefit Volunteers for Animals.

The folks at Jackson St. Grill/Belladessa are generously sponsoring the event and providing the food. They will be offering grilled hotdogs, chips and pop with all proceeds going to VFA. The volunteers say they hope you will come out for a dog and drink to help out the animals at the Genesee County Animal Shelter.

Event Date and Time
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Semi-truck wrecks railroad crossing in Le Roy

By Billie Owens

The driver of a semi-truck temporarily got his rig hung up on a railroad crossing on Church Street in Le Roy. It is no longer blocking the tracks, where it completely tore off the crossing arm, which is now dangling from telephone wires above.

The big rig, out of Omaha, Nebraska, left the Southern Railroad extension with "very little left that is usable," according to the Le Roy police officer on the scene. The railroad has been notified and a rep is en route, with an ETA of about 20 minutes.

It's unknown whether a train will be traveling through there or not in the meanwhile.

No one was injured and no other vehicles were involved.

(UPDATE: 11:45 a.m.): Southern Railroad has issued a "stop and protect order" for the demolished crossing. Trains will be required to stop. Road flares are in place to alert people to the danger.

Chinese Auction May 1 at the Downs for tot needing new heart

By Billie Owens

The "Have a Heart" Chinese Auction for little Keegan Delcamp will take place from 1 to 4 p.m. on Saturday, May 1 at Batavia Downs Racetrack and Casino.

He will turn 3 in July and is tiny for his age because he is among the one in 300,000 children in the nation afflicted with Bland-Garland-White Syndrome.

It is a rare heart condition wherein the left coronary artery is not coming from the aorta, but rather from the pulmonary artery, thus mixing oxygenated blood with nonoxygenated blood. This causes his heart to work much harder than it should and subjects him to a heart attack at any time. He needs a heart transplant and is waiting for that chance.

Meanwhile, he is covered with health insurance, but the co-pays and deductibles are way more than his single mother can afford. She has one other son, also under age 5.

Please consider making a donation and/or attending the Chinese Auction for this little guy, who would enjoy going to kindergarten when he's old enough, maybe become a Webelo -- who knows, the whole world could be his Oyster with your help.

"May Day! May Day! Over?"

Chinese Auction May 1 at the Downs for tot needing new heart

By Billie Owens

The "Have a Heart" Chinese Auction for little Keegan Delcamp will take place from 1 to 4 p.m. on Saturday, May 1 at Batavia Downs Racetrack and Casino.

He will turn 3 in July and is tiny for his age because he is among the one in 300,000 children in the nation afflicted with Bland-Garland-White Syndrome.

Event Date and Time
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May Day party -- make baskets, etc., and enjoy locally grown food

By Billie Owens

The Natural Parenting Network is hosting a May Day party beginning at 11 a.m. on Saturday, May 1 at 50 Clinton St in Batavia.

Children will get to do crafts, like creating May Day baskets and have fun.

And some local organic/natural food producers will be there, too, with their goods, including Porter Farms and Beam'n Farms, which is donating grass-fed beef for the party.

Event Date and Time
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GCC's director of student activities honored

By Billie Owens

Genesee Community College Director of Student Activities Clifford Scutella, on left, was recently honored by Phi Theta Kappa Honor Society (PTK) at their International Convention in Orlando, Fla. He was among only 25 administrators, from 400 chapters in the nation honored with the Administrator of Distinction Award.

This is awarded to community college vice presidents, deans or other leaders serving a community college in an administrative capacity. Awardees have served in their position for at least two years and have demonstrated a strong level of support for the Phi Theta Kappa Honor Society.

Scutella was nominated by Genesee's chapter of PTK for his commitment to the students and PTK initiatives. As a community college graduate, Scutella knows the value of Phi Theta Kappa and the work the students do.

He came to Genesee in 1989 after serving as the assistant director of Student Activities at Monroe Community College from 1978-1989. He has held the position of director of Student Activities for his entire tenure as well as serving as dean of students for a few years. He resides in Brockport.

"The students at Genesee are eager to learn outside of the classroom," Scutella said. "Through clubs, organizations and student government, the students are learning about life and developing practical life lessons.

 "...I'm lucky I get to work with amazing students, but also a very supportive administration. I work with people that understand the importance of co-curricular activities. The staff and administration know that clubs and organizations enhance the quality of life at the college and contribute to student retention."

Established in 1918, Phi Theta Kappa Honor Society serves to recognize and encourage the academic achievement of two-year college students and provide opportunities for individual growth and development through honors, leadership and service programming. Students must maintain a GPA of 3.6 to become a member.

For more information please contact the office of Student Activities at 345-6832.

Pedestrian struck by car in Stafford

By Billie Owens

A male pedestrian is "down, off the road" after being struck by a motor vehicle on Main Street Road in Stafford. He is seriously injured. Mercy Flight was called, then cancelled, and now is back in service, ready to land.

Village of Le Roy, towns of Batavia and Stafford responding. Traffic control is under way.

UPDATE (11:56 a.m.): CPR is being performed on the victim.

UPDATE (12:07): The man, described as elderly, is being transported to UMMC via ambulance.

 

Car accident in Village of Oakfield

By Billie Owens

A car accident at the corner of Main Street and and Weber Avenue is reported in the Village of Oakfield. Two children are passengers and an ambulence is en route to evaluate their well being.

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