corfu

Steve Mullen was the only witness called to testify in the Scott Doll murder case on Friday. He has been employed by the Genesee County Sheriff's Office for 18 years and is a sergeant in charge of the Criminal Investigation Unit.

He told the jury he got a call from Sheriff's Investigator Kris Kautz early Feb. 17, 2009 about a body found at 683 Knapp Road in Pembroke. He drove to the scene in a marked cruiser and pulled in behind Deputy Howard Carlson. Carlson's vehicle had the headlights on and they illuminated a body lying the the driveway.

With his flashlight, Mullen observed a large pool of blood around the victim, Joseph Benaquist, and damage to his skull. The body had frozen over and there was frost on his eyebrows.

The body was lying between two vehicles. Mullen requested an ambulance, as a matter of protocol, and cordoned off the area with yellow crime scene tape. A unit from the City of Batavia confirmed the death and Sheriff Deputy Chief Jerome Brewster went to the scene, calling two others to assist, Investigator Timothy J. Weis and Deputy John R. Duyssen.

"We did as thorough a search as we could in the dark," Mullen said, adding that he and Carlson checked vehicles and ran the plates through the database, looked in the house and around the property.

Mullen said he spent hours there and didn't leave until well after sunrise.

He noticed the rear tire on a Pontiac G6, which had a temporary registration, was flat. It was towed to the Sheriff's department for forensic processing, along with a Chevy Malibu.

Later that day, Mullen met Weis on Route 490 in the Town of Gates to give him some items secured as evidence to take to the public crime lab. The items included the bloody overalls, sneakers, work gloves and fireman's head sock.

On Feb. 20, investigators got a search warrant and went to Scott Doll's house at 31 E. Main St. in Corfu.

It is at this point in the testimony that tedious points of vehicle documentation ensued. At District Attorney Lawrence Friedman's prompting, Mullen said he was very familiar with car registries, paperwork and the car business because his father had a small dealership when he was growing up.

The officers found papers from Doll's and Benaquist's car business, but no book of registry. They did find two so-called MV 50 books, issued by the state, which show all the data needed to take to the DMV to transfer plates. All dealerships keep two such books, Mullen said, so one is always at hand when the other is sent to the state temporarily as required.

Friedman asked if Mullen found the paperwork showing a 2007 van belonged to Benaquist. No, Mullen said, nothing in the book matched up with the vehicle's sticker that was missing. The paperwork for an '03 Chevy TRZ was partially filled out and signed by Scott Doll.

The jurors at this point became fidgety. They yawned, blinked, adjusted their necks, rearranged their arms.

Two jurors seemed unable to give the proceedings their undivided attention.

One juror kept his eyes closed for looongg periods of time. He sat in a completely ridged, frozen-like state throughout the court session, with only is jaw moving from time to time as he chewed gum. Once in a while, his eyes actually opened.

The other guy with a questionable attention span nodded off many times during the morning. There was no court in the afternoon. His head would bob downward, stay there awhile, then he would suddenly awaken, subtly surprising himself. His head would raise up, but not for long.

When the jury took a 20-minute break a couple of people in the gallery quipped "hey, maybe he should take some No-Doze," and words to that effect.

On cross examination, Doll's attorney Paul Cambria asked if Mullen took photos during the search. No, Mullen said. Did anyone else take photos? No, Mullen replied, not that he knew of.

Cambria asked if he searched the house? Yes, Mullen said, but because they were supposed to be looking for areas where a person might be, they did not open drawers and inspect nooks and crannies.

They checked the closets and looked for Scott Doll's shoes. Did they check to see if any other man's shoes were there, Cambria asked. No, Mullen said.

Cambria said that while Mullen knew that the Pontiac G6 had a temporary registration, he didn't know the circumstances of that, did he? No, Mullen said, only what should and should not be in the book.

"But you didn't know what the deal was among the parties?"

No, Mullen said.

At Benaquist's house, did anyone photograph shoes there? Cambria asked. No, Mullen said.

Under further questioning by Cambria, Mullen said he searched around the body and found no weapons. He took part in the initial search, but not subsequent ones. He filed the murder charge against Doll sometime after 9 a.m. on Feb. 17, but Doll still had not been given access to legal counsel. No blood analysis was done, no blood-spatter expert consulted and no DNA analysis had been done.

Although Mullen was at the murder scene for up to nine hours, he didn't gather any evidence. Rather, he oversaw and assisted the evidence-collection process. Investigator Weis gathered the physical evidence and took photos. But when Weis took evidence to the crime lab, Investigator Roger M. Stone filled in as photographer. Carlson kept the case investigation log.

There were some things at the scene which apparently escaped Mullen's attention, according to his testimony after being shown a number of photos. There was a boot in the snow, later removed, that he hadn't noticed. There was a pickup truck, photographed from the back, which Mullen said he hadn't seen before.

"It's a little unusual because it had folding chairs in the back of it," Cambria said.

And although Mullen confirmed that the photos presented into evidence where "fair and accurate," he couldn't remember what vehicles were in the driveway and where they were located.

One photo showed Benaquist's hands, each encased in plastic bags to retain DNA evidence, such as skin under the fingernails, hair, etc. This is routine procedure. But forensic testing of his hands was not requested and therefore not done.

Near one of the vehicles in the driveway lies a "big, big flashlight," clearly seen in a photo. Mullen didn't recall seeing it. Cambria asked if anyone had tested it, to see how long it took a charge before it went dead. No, was the answer.

Another photo shows a car jack under the Nissan, another detail Mullen could not recall. And the Nissan, in addition to being processed for evidence at the Sheriff's station, was then taken to the State Police for additional evidence gathering, which Mullen had not been aware of until being shown a photo.

A chunk of wood in front of a tire can be seen in one photo. In another shot, it is gone and there is no evidence marker in its place. Mullen said he believes that it was photographed and marked as evidence, then removed, but he could not be sure.

Courtroom sketches by Robert Garland. Top sketch of Sgt. Steve Mullen on the stand. Inset, Judge Robert Noonan. Bottom sketch, Daniel Killelea, Scott Doll and Paul Cambria.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A "large brush fire" moving into the woods has been reported in the area of 9980 Harper Road, Corfu.

Darien Fire has been dispatched.

UPDATE 3:45 p.m.: Chief on scene reports large brush fire, but not heading into the woods. He's going to explain the new burn laws to the property owner. Darien units, except 46, being put back in service. Incident address corrected to 9990 Harper Road.

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A car is reportedly in a ditch in the area of 8936 Lover's Lane Road, Corfu.

It's unknown if there are any injuries.

Corfu Fire and Mercy EMS have been dispatched.

UPDATE 2:39 p.m.: A chief reports that a tow is already in route. The driver has left the car and is reportedly walking north toward Main Road. Law enforcement is on scene.

UPDATE 2:49 p.m.: The driver has been located and is being returned to the scene. His only injury appears to be a minor cut on his arm.

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There may be some sort of fuel spill at the wastewater treatment plant in Corfu.

Corfu Fire is being called in for the possible hazmat situation. East Pembroke is requested to respond, as well.

UPDATE 2:17 p.m.: The plant is located at 100 Crestview Drive. The report is of a smell of fuel coming into the plant.

UPDATE 3:50 p.m.: East Pembroke, Darien and Mercy EMS put back in service. Corfu remaining on scene.

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The Union Hotel in Corfu was built in 1828 and was once a stagecoach stop for travelers. It looms near the main junction in the village and was recently painted charcoal.

Shayne Poodry bought the hotel at an auction last fall and has been busy sprucing it up. It already had a popular bar and bowling alley inside. Now it has a restaurant and a banquet room, too.

Upstairs there’s a dance hall and the owner’s quarters. He’s had workers helping him with renovations and at least one unseen “guest,” maybe more.

People say it’s haunted. It certainly looks like it could be. Poodry just knows weird things happen at his place.

He remembers hearing stories about it growing up, but that was neither here nor there when the opportunity came along to buy it.

He soon found out his TV could turn on by itself. Once he got out of bed in the middle of the night to use the bathroom, and when he came back to bed, the television in the corner of his office was on.

“I never leave the TV on,” he said. “I was taught that -- you know when you’re growing up and the ol’ man says ‘turn off the lights, you’re wasting money.’ So I always make sure it’s turned off.”

Maybe even he could leave the TV on once -- but twice, no way.

“I was watching TV in bed one night, and just as soon as the lady says ‘Jay Leno is next,' and they start playing the music, when he does his monologue, the TV in the office turns on,” he recalled.

It was unsettling, made him think “What’s going on here?”

Another time, he was doing renovation work with a young helper and both of them heard a door slam mighty hard.

“Like the guy was mad at his ol’ lady and got up and slammed the door shut,” Poodry said.

Through a friend, he found out about a group of paranormal researchers in Buffalo who team up with a guy named John Crocitto to scout out strange phenomena. Crocitto has a radio program “Beyond Ghosts,” which is described as an “interactive paranormal radio show."

A Web production of paranormal happenings at the Union Hotel is in production. It will be unveiled Saturday, April 10, during a paranormal exploration event at the hotel with Beyond Ghosts. All are welcome.

Not long ago, Crocitto was invited to the Union Hotel with a couple of his colleagues to explain what he does at places like the Union and why. As for Poodry, he’s ambivalent about the whole ghost thing, but does see some marketing opportunities!

Crocitto’s cool with that, but he’s more interested in seeing “if there’s really an afterlife.” He thinks the universe to so complex, that anything is possible, including inexplicable fluctuations of electromagnetic fields and happenings that transcend or defy our limited understanding.

On a tour of the hotel, we climbed the creaky staircase and peered into all the little rooms and then went into the huge ballroom. That’s where they keep remodeling hardware for the time being. It was poorly lit and none too welcoming, but there were no odd occurrences. And least not upstairs.

A whoosh, BLAM is heard downstairs. The bartender rushes to close the front door, which is seldom used because most people enter at the side door, where the bar is.

“The door just opened and slammed by itself!” she exclaims, shaking her head. “I’m telling you, strange things happen here.”

Crocitto proceeds to educate us about the paranormal, which simply means “outside of normal.” He says:

Things don’t have to be old or dead to be haunted; objects can contain the spiritual energy of the person who owned it.

Some ghosts are “residual,” they are like a “looped tape” that keeps playing over and over whether you are there to see it or not. Like a woman who walks across the room, she just keeps repeating the same action nonstop.

Some instances are known as "intelligent haunting," like a TV turning itself on, in which a paranormal occurrence seems to be specifically aimed at someone.

There is no set of rules or scientific proof in researching the paranormal. Most people who take it seriously don’t claim to know what’s it all about or why strange things happen, nor do they necessarily care.

They simply enjoy the hunt and the process of capturing clues with infrared cameras and high-tech tape recorders, etc., afforded nowadays.

Ghost hunters, for lack of a better term, don’t try to “convince” people that such things are paranormal. They are sincere and serious about checking out reports of paranormal activity. It wouldn’t be fun or interesting to fake this stuff, they said. Just like deep-sea exploring for sunken treasure, they do it for the thrill of the hunt and, just maybe, the find.

“We were in the Buffalo train station, which is definitely haunted,” Crocitto said. “I was sitting down and all of a sudden my lap got cold and I heard a child’s voice say ‘hello.’ It gives me chills just thinking about it.”

He played the audio recording. It sounded cavernous, tinny, picking up the sounds of nothing but fidgeting. Then a breathy, whispery child’s voice utters “hello.”

Later we sat at a table in the banquet room, described as “ground zero” for odd occurrences at the Union Hotel. With only the glow of computer screens for light Crocitto, his cohort, Ryan Willard, and techie Brandon Bristow show a video.

It was shot in complete darkness with a stationary infrared camera focused on of the end of a hallway near a staircase. If you look very carefully, you see a shapeless, shadowy mass dart across from right to left.

In a still picture, shot at a mansion in WNY, Willard shows the transparent image of a young boy with a Dutch Boy haircut dressed in old-fashioned clothes standing in front of a tall window.

“It isn’t voodoo,” Crocitto said, in answer to a question about dabbling in the occult. “And I don’t see it conflicting with my spiritual beliefs. I’m Roman Catholic. I don’t think the paranormal is occult, of the Devil. But I’m not afraid of the Devil anyway … bring it on. The Lord protects me.”

This from a man who is a trained scientist, a biologist (who’s seen his share of ghoulish sights in the laboratory and the morgue).

“Most scientists I know believe in God,” Crocitto said.

Willard agrees.

“It would be really depressing if they didn’t,” Willard said.

Elliott M. Hickman Jr., 19, of 148 Hutchins St., Batavia, is charged with robbery, 2nd, petit larceny and endangering the welfare of a child. Hickman is accused of robbing an MP3 player from a 15-year-old in a parking lot at MacArthur Park on March 10. Hickman was jailed without bail. Previously charged in the same case was Malik I. Ayala.

Destany AnnMarie McNutt, 21, of 1302 Phelps Road, Apt. 4, Corfu, is charged with petit larceny. McNutt is accused of stealing merchandise and money from Walmart while employed at the store.

Nicholas Jerome Lucarelli, 38, of 35 E. Gatewood Ave., Gates, is charged with DWI, driving with a BAC of .08 or greater, speeding (73 in a 55 mph zone), and consumption of alcohol in a motor vehicle. Lucarelli was stopped at 12:52 a.m. by Deputy Timothy Weis on Route 19 in Le Roy for allegedly speeding.

Accidents from the State Police blotter:

6:06 a.m., March 24, Griswald Road, Le Roy, one vehicle; Driver 1: R.W. Fitzsimmons, 41, of Linwood. No injuries reported.

6:16 a.m., March 24, Lake Street Road, Town of Le Roy, one vehicle; Driver 1: Thomas M. McCullough, 53, of Le Roy. No injuries reported.

6:40 a.m., March 23, Route 33, Pembroke, one vehicle; Driver 1: Shirley A. Kensek, 51, of Batavia. No injuries reported.

Katrina L. Drake, 20, of 14 South Main St., Batavia, is charged with criminal mischief, 4th; Toni M. White, 29, same address, is charged with disorderly conduct. Drake and White were allegedly involved in a domestic dispute at 10:53 a.m., Saturday, with Drake allegedly destroying property belonging to White, and White allegedly yelling obscenities repeatedly while outside.

Stephen A. Lewis, II, 29, of 18 Cherry St., Batavia, is charged with DWAI (Drugs); aggravated unlicensed operation; moved from lane unsafely and inadequate headlamps. Officer Jason Davis stopped Lewis stopped Lewis at 12:15 a.m, Sunday, after reportedly observing him driving on East Main Street with out headlamps, turning onto Harvester Avenue and striking the curb.

Gregory L. Brennan, 41, of 8044 Kelsey Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, and driving the wrong way on a one-way street. Brennan was stopped at 5:06 a.m., Friday, by Officer Daniel J. Coffey after allegedly being observed driving the wrong way down North Spruce Street.

Summer Ogden, 31, of 112 State Street, lower, rear, is charged with assault, 3rd, and criminal mischief, 4th. Ogden is accused of attacking her boyfriend and biting him causing an injury. She also allegedly destroyed some property. She was arrested at 8:15 p.m., Thursday. She was jailed on $1,000 bail.

Andrew J. Duckworth, 31, of 128 Jackson St., Batavia, is charged with harassment, 2nd. Duckworth was allegedly involved in a domestic dispute with his girlfriend at their residence. He was arrested at 4:08 a.m., Sunday, and jailed on $1,000 bail.

Warren H. Gaskin, 51, of 541 East Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating without headlamps. Gaskin was stopped at 2:17 a.m., Saturday, by Officer Thad Mart after allegedly being observed driving on West Main Street without headlamps.

Robert J. Scott, 35, of 30 West Ave., Medina, is charged with aggravated unlicensed operation, 2nd. Scott was taken into custody on a warrant from 2005 by Batavia Police on Friday after being released from Orleans County Jail on unrelated charges. He was jailed on $1,000 bail.

Dennis F. Johnson, 49, of 901 Akron Road, Pembroke, is charged with DWI, driving with BAC of .08 or greater, consumption of alcohol in a motor vehicle, inadequate plate lamps and failure to yield to an emergency vehicle. Johnson allegedly failed to stop at 8:30 p.m., Saturday, for Deputy Kevin McCarthy who was attempting to make a traffic stop for an alleged equipment violation. Johnson allegedly didn't stop until he was in the driveway of his home.

Justin Zane Barker, 21, of 52 Columbia Ave., Batavia, was taken into custody on a bench warrant out of Cheektowaga Court for alleged petit larceny.

Julie Skye Besser, 42, of 380 Council House Road, Alabama, is charged with DWI, failure to yield right of way to emergency vehicle, refusal to take a breath test and failure to dim lights. Besser was reportedly stopped at 12:47 a.m., Sunday, on Hopkins Road in Pembroke, by Deputy Jason Saile.

Justin James Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal contempt, 1st, two counts of criminal trespass, 2nd, unlawful imprisonment, 2nd, menacing, 3rd, harassment, 2nd. Jaszko allegedly violated an order of protection at 4:30 a.m., Saturday. He was jailed on $20,000 bail.

A 17-year-old from Oakfield is charged with aggravated harassment. The youth allegedly sent unwanted text messages and made unwanted phone calls to a young victim after being told to have no further contact with that person.

Lacey Ann Easton, 21, of 13369 Steiner Road, Akron, is charged with unlawful possession of marijuana. Easton was stopped at 12:34 a.m., Saturday, by Deputy Patrick Reeves for alleged traffic violations on Route 5, Pembroke.

Anthony John Ferris, 28, of 43 Longs Lane, Corfu, is charged with six counts of criminal contempt, 2nd. Ferris allegedly tried to call his ex-girlfriend in violation of a court order while locked up in Genesee County Jail.

Henry Leon Polanowski, 30, of 7205 E. Superstition Springs Blvd., Mesa, Ariz., is charged with unlawful possession of marijuana. Polanowski was arrested by Deputy Chad Minuto at 2:21 p.m., Friday, in Oakfield.

James R. Presnal, 51, of Penfield, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and refusal to take a breath test. Presnal was reportedly stopped by State Police at 7:46 p.m., Saturday on the Thruway in the Town of Batavia.

Accidents from the State Police blotter:

4:32 p.m., March 18, Pekin Road, Elba, two vehicles; Driver 1: Mary R. Maciag, 26, of Darien Center; Driver 2: Joan C. Whyman, 68, of Oakfield. No injuries reported.

7:40 a.m., March 20, Thruway toll entrance, Town of Batavia, two vehicles; Driver 1: Ashton L. Smith, 27, of Le Roy; Driver 2: M.L. Klinkbeil, 36, of Rochester. One injury reported.

Jennifer Keys, a regular contributor to The Batavian, was elected to a village trustee seat in the Le Roy election yesterday.

She was one of four people to win a contested seat in the five village elections held Tuesday.

Also winning in Le Roy was Robert Taylor.

The winners in Corfu were David Bielec and Thomas Sobczak.

(via WBTA)