corfu

Photos by Howard Owens

The latest attempt by Scott F. Doll to get his 2010 conviction for murder overturned has failed to persuade another judge and his appeal based on what his attorney claimed was new evidence has been denied.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed a motion to overturn the conviction earlier this year. A hearing on his motion was heard by Judge Sanford A. Church on March 10.

Deal argued that he had uncovered new evidence related to the failure of the Monroe County Medical Examiner's Office to collect fingernail scrapings from Doll's victim, Joseph Benaquist, and new DNA tests of people who might have had access to the murder scene should lead to Doll's conviction being overturned and a new trial granted.

Church ruled that the defendant did not present a factual assertion that the two pieces of "newly discovered evidence" could not have been available for the 2010 trial. 

"As discussed below, a sound defense trial strategy could have been to avoid further scientific testing and emphasizing the prosecution's failure to test some evidence," Church wrote. "The defense was aware, for example, of the drops of blood on the victim's boot before trial and that it had not be subjected to DNA profiling. All they had to do was ask that it be tested."

The defense could have also asked that fingernail scrapings be tested.  If the defense had made the request, the attorneys would have learned that clippings and scrapings had not been collected.

As for a bit of third-party DNA found on the victim's boot, that evidence could have been available at trial, Sanford said. There were photographs available to the defense that showed a possible bloodstain on the victim's boot.  The defense, he said, could have insisted that the bloodstain be tested.

Prior court rulings have found that for evidence to be considered "new" in an appeal, it must be evidence that could not have been discovered by the defense through diligence. 

It's also not readily apparent that the DNA comparisons would change the outcome of the trial, Sanford ruled.

For these reasons, Doll has failed to prove that his "new evidence" could not have been discovered before trial.

Church, an Orleans County judge, heard the appeal because Genesee County Court Judge Melissa Lightcap Cianfrini formerly worked for the Genesee County District Attorney's Office and had been involved in prior appeals, so she had a conflict of interest.

Doll was sentenced to 15 years to life for the 2009 murder of Benaquist. He has consistently maintained his innocence since his arrest.

On the night of Feb. 16, 2009, Doll was found walking in Pembroke in blood-soaked clothing by a deputy and questioned.  Due to the suspicious nature of his appearance and a van he identified himself as operating earlier in the evening, he was questioned by investigators who feared there was a seriously hurt or dead person in the area.  Those emergency circumstances allowed investigators wide leeway in questioning Doll and searching for a possible victim. Several hours later, Benaquist's badly beaten body was found in the driveway of his home in Pembroke.

Benaquist and Doll, a prison guard, had been partners in a used car business.

For all of The Batavian's prior coverage of Scott Doll, click here.

An unintended burn in a hedgerow on Read Road in Corfu.

Corfu Fire dispatched.

There is an open burn ban in place until May 14.

A motor vehicle accident with possible serious injury is reported in the area of 8966 Alleghany Road, Corfu, which is just north of Cohocton Road.

Corfu Fire and Mercy EMS dispatched.

UPDATE 6:32 p.m.: A second ambulance requested to the scene.

UPDATE 6:36 p.m.: Corfu command asks for a check on the availability of Mercy Flight.

UPDATE 6:38 p.m.: Mercy Flight #8 out of Batavia is available and is requested to the scene.

UPDATE 6:43 p.m.: A landing zone is being established at Route 77 and Cohocton Road.

UPDATE 6:53 p.m.: The patient may be a child.

UPDATE 9 p.m.: According to Corfu Chief Greg Lang, the child suffered a possible back injury and was flown to ECMC by Mercy Flight.  The child's father may have fallen asleep at the wheel.  His Chevy sedan hit a driveway and went airborne, rolling over three or four times. He sustained a head injury and was transported to an area hospital by ground ambulance. There is no other information available at this time.

An attorney for Scott Doll, convicted of murder in 2010, thinks there are questions about the case that deserve answers, but the looming question is whether he convinced a judge in Genesee County on Friday that the law allows for those questions to be asked in a hearing.

"We have too many questions in this case, too many whys," said Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, near the end of a nearly 90-minute hearing before Judge Sanford Church. 

"Scott Doll was sentenced to 15 years to life. He has served 13 years in prison. There are questions about significant evidence, whether it was collected or not, and questions about DNA at the scene when the theory of the prosecution was that Scott Doll was the sole person who committed the crime.

"There is some evidence of another person present," he added. "There is an unknown footprint in the snow.

"We should be interested in the answers to these questions. We shouldn't have these questions floating around in a case as serious as this, what was or was not collected when it was testified that it was? Why was there DNA there that is not the victim's and not Mr. Doll's? We're not sure. There is absolutely enough evidence and enough questions as to what happened in this case to warrant a hearing."

Whether there is enough evidence, and new evidence at that, to warrant a hearing under Criminal Procedure Law Article 440 is one of the questions that Church must answer.  

Deal and Assistant District Attorney William Zickl provided him with passages from the statute that seem contradictory.

On one hand, Church shouldn't decide whether the evidence that might be presented at a hearing would lead him to overturn Doll's conviction. There is case law that says that the quality of the evidence shouldn't be the deciding factor. The language of 440 says he can order the hearing purely "in the interest of justice." 

On the other hand, Zickl argued, the defense failed to make the case that there is any basis to hold a hearing under the language of the statute.  The pleading is deficient in substance and substantiation and therefore fails to meet the standards to proceed with the motion, according to the language of CPL 440.

Doll, 60, formerly of Corfu, was convicted in a jury trial of murder in the beating death of former business partner Joseph Benaquist. During the trial and for the past 13 years, Doll has maintained he didn't kill Benaquist.  He wants a chance to prove to a new jury that there is evidence that somebody else was at the scene of the murder before he arrived and found Benaquist already dead.

Church, who is a judge in Orleans County, is hearing the case because County Court Judge Melissa Lightcap Cianfrini recused herself over a conflict of interest.  She formerly worked in the District Attorney's Office at the time of Doll's trial and subsequent motions.

The new facts Deal is asking Church to consider as new evidence is an apparent admission by Scott LaPoint, a deputy medical examiner in Monroe County, that it was policy and normal procedure to collect fingernail scrapings from a victim in a murder case. That didn't happen in the Doll case.  

Also, Deal says, new DNA tests of one of Doll's family members and two of Benaquist's do not match third-party DNA found on one of the victim's boots.

Deal is trying to thread a needle, and Church asked some seemingly skeptical questions.

A motion to vacate Doll's conviction must be based on new evidence.

In 2016, a motion to vacate was made on the discovery that, contrary to LaPoint's testimony at trial, no fingernail scrapings were taken from Benaquist. Based on defense motions during the appeal process, new testing of the blood-spattered clothing from the crime scene was ordered by Judge Robert Noonan.  That led to the discover of DNA that apparently matches neither Doll nor Benaquist.

So, the jury did not know that there were no fingernail scrapings taken from Benaquist and the jury did not know that about the possibility of third-party DNA at the scene of the crime.

That motion to vacate based on these then-new discoveries was rejected by then interim County Court Judge Michael F. Pietruszka on the ground that if the new evidence had been available to the jury, it wouldn't have led to an acquittal for Doll.

Doll lost subsequent appeals of Pietruszka's decision.

Since those two facts have been adjudicated, they can no longer be considered "new evidence."

That leaves Deal arguing that what Pietruszka didn't know at the time of his decision was that, by policy and procedure in the Monroe County Medical Examiner's Office, LaPoint should have collected fingernail scrapings. The fact that LaPoint didn't, despite the policy and usual practice, raises a question as to why, and that question deserves an answer that can only be obtained in a hearing, Deal reasoned.

Church wanted to know if Deal was implying something underhanded went on in the case, and Deal walked carefully around that question.

"What we need is a hearing to fully explore what happened with that evidence," Deal said. "Why wasn't it collected? What if anything is going on, or is it something else? We don't know, and we should know. This is a man's life."

Church accused Deal of a fishing expedition, and Deal said that isn't the case. 

"If we have a hearing, Mr. LaPoint comes in and testifies under oath, bringing his notes, bring whatever else might be related, to help his recollection," Deal said.

The DNA comparison from relatives of the defendant and victim is significant, Deal said, because it means some person unknown to the defendant was at the scene of the murder, substantiating Doll's claim that he wasn't there at the time of the murder.

According to Zickl, none of this represents new evidence; to the degree that it does or might, it is of minimal importance, he said.

First, Zickl argued that Deal's motion is insufficient on technical grounds. The information from LaPoint about policies and procedures isn't in the form of an affidavit, and the same is true of the new DNA results.

"It is required that the defendant support his motion and substantiate all essential facts of his claim," Zickl said. "That substantiation has not occurred based on these papers."

Beyond that, even if Doll were granted a new trial and LaPoint testified that yes, fingernail scrapings should have been taken, and no, they weren't, and he didn't know why, that wouldn't persuade a jury to reach a different verdict faced with the overwhelming physical evidence of Doll's guilt.

The jury heard testimony in 2010 that the fingernail scrapings were not tested for DNA. The only thing that's changed is that LaPoint was mistaken, Zickl said, in testifying that fingernail scrapings were taken when they were not.

The defense had the opportunity before the trial to request a test on the scrapings. The defense did not make such a request.

Benaquist was murdered, beaten to death, on Feb. 16, 2009, in the driveway of his home in Pembroke. Before his body was found, a deputy came across Doll walking on South Lake Road in a jumpsuit covered in blood.  At trial, a blood spatter expert testified that the patterns of blood on Doll's clothing and face were consistent with an assault on another person.

Deal has noted that Benaquist had defensive wounds on his hands, but Doll was found to have sustained no injuries the night of the murder.

As for the third-party DNA, Zickl said the Medical Examiner's report does not conclude that the DNA comes from blood and that it is mixed in with Benaquist's blood.  It's not as clear cut as Deal asserts that there was third-party blood on Benquist's boot.

Deal wants a hearing, also, so the DNA sample can be submitted to a national crime database to see if it matches anybody in that database.  That would answer the question, perhaps, of who else was at the murder scene, Deal said. Zickl said the fragment of DNA isn't of sufficient quality for that kind of test. Deal said it was sufficient enough to know it didn't match the family members tested.

Zickl said, based on Noonan's order during the previous appeal, that the defense requested dozens of new areas on clothing be tested.

"Out of the dozens of areas, this one area produced this fragment of DNA that could not be attributed to the defendant or the victim, though Joseph Benaquist is a major contributor of the sample that includes this biological substance. We don't know how, why, or even what this biological substance comprised."

Deal said in his papers and mentioned it again during Friday's hearing that a blood splatter expert has stated the DNA sample could have only arrived on Benaquist's boot at the time of a struggle. 

Zickl implicitly disputed that claim.

"There is so much not known about this fragment," Zickl added. "We don't know when it was deposited, who, or what it is."

Despite Zickl's insistence that the abundance of evidence points to Scott Doll's guilt and nothing new has been presented that would suggest he didn't kill Joseph Benaquist, Deal maintained that Doll deserves a legally substantiated answer to the questions that still dangle in the case.

"When you stand back and look at all the pieces, there are good reasons to believe that someone else was at this crime scene when this crime occurred," Deal said.

Many members of Doll's family attended the hearing. After the hearing, Dawn Doll, Scott's step-sister, leaned over to a reporter and said, "There is a murderer out there who is free."

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

NOTE: Story updated at 10 a.m. to include additional background on the murder.

In the nearly 13 years since his conviction for murder in the second degree in the bludgeoning death of his former business partner Joseph Benaquist, Scott F. Doll, now 60 years of age, has filed multiple appeals.

A judge will consider whether he can proceed with a new motion to vacate his May 2010 conviction at a hearing on Friday.

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

Sheriff's investigators responded, and Doll was detained and questioned.  Investigators felt convinced there was a human victim of a crime and wanted to know where that victim might be.

At 1:30 a.m., Benaquist's body was found in the driveway of his home. He had suffered head trauma, and there was a substantial amount of blood at the scene.

While investigators concluded a weapon had been used to beat Benaquist, no weapon was ever recovered.

Doll was prosecuted by now-retired District Attorney Lawrence Friedman, and Doll's lead defense attorney was Paul Cambria. The jury trial lasted from May 3 to May 20, 2010.  Doll was sentenced on July 2, 2010, by Judge Robert Noonan, now retired, to 15 years to life.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed this latest motion on Doll's behalf on Oct. 19.

The motion, which must show there is new evidence not available at trial, is largely based on an investigation conducted by a private investigator, Tony Olivio, of Buffalo, that included interviewing 18 witnesses, the review of hundreds of pages of police reports and documents, and collecting DNA samples from family members of Doll and Benaquist.

Deal argues that Monroe County Medical Examiner Scott F. LaPoint mistakenly testified at trial in 2010 that fingernail clippings from Benaquist were examined for evidence. That isn't new evidence. That issue was raised by Doll in a 2016 appeal, which he lost.  What is new, apparently, is that Olivio interviewed LaPoint as part of his investigation, and LaPoint had no clear explanation for why standard procedure wasn't followed in this case.

There was also third-party DNA found on the boot of Benaquist, a fact not discovered prior to Doll's murder trial. This, too, was part of the 2016 appeal.  The new evidence appears to be DNA tests that eliminate one of Doll's family members and two of Benaquist's family members as potential participants in the murder. It's not the DNA of any of these three people at the scene, making it likely, Deal argues, that an unknown person was at the scene when Benaquist struggled with his assailant.  

According to Deal, the fact that it wasn't a family member indicates it was somebody unknown to Doll, lending credence to the suggestion that Doll wasn't even at the scene at the time of the murder.

While forensic evidence indicates, Deal states, that Benaquist struggled with his assailant, Doll suffered no injuries the night of Feb. 19, 2009. 

The 2016 appeal was heard by interim County Court Judge Micheal F. Pietruszka. According to Deal, Pietruszka erred in his ruling by stating that the DNA sample was found on Doll's clothing and, therefore, would not have altered the jury's decision.

Pietruszka's ruling was appealed, and Doll lost each appeal.

Assistant District Attorney William Zickl states in his answering statement that there is really nothing new in this new motion.

"These claims are no more than a repacking and rebranding of the defendant's previous arguments, culled from his 2016 motion to vacate, which were rejected by the Genesee County Court and the Appellate Divison, Fourth Department, as well as the Court of Appeals," Zickl states. "Because no new evidence or circumstances have been identified by the defendant in this instant motion which would complete, or even suggest, that a new trial should be ordered, his application should be summarily denied."

Deal wants the third-party DNA sample sent to a national criminal DNA database, which could uncover a possible match with a person in the database, a motion opposed by the District Attorney's Office.

Zickl states that the conversation between Olivio and LaPoint sheds no new light on the case.  The DNA evidence, including the DNA tests of relatives, could have been presented at trial if the defense had made a motion to get all the DNA evidence from Benaquist's boot (the DNA spot wasn't discovered until more testing was ordered as part of the appeal process in 2015). 

The defense could have also uncovered at trial, with more diligence, that fingernail clippings were not taken by the Medical Examiner's Office, according to Zickl.

"Even if the evidence were admitted at trial, it would serve to merely impeach or contradict the previous testimony of Dr. LaPoint," Zickl states.

"The defendant has not established a possibility, let alone a probability, that this new evidence would have changed the result of the trial," Zickl continues. "At trial, the defendant took full advantage of the argument that the investigation was fatally flawed because the people did not request DNA testing of the victim's fingernail scrapings, which were believed at the time to exist. It strains logic to suggest now that there would have been any greater impact upon the jury had the defendant been able to argue that the investigation was fatally flawed because the Medical Examiner's Office had neglected to take the scrapings in the first place."

In a response to Zickl's argument, Deal takes issue with "the people's" position that the third-party DNA is "partial" or "minor" and that it may not even be from blood.  He said the Medical Examiner's report indicates it was blood, and a blood splatter expert said it could have only landed on the boot during a struggle between Benaquist and his assailant. 

As for the opportunity to have obtained the DNA sample before trial, that simply wasn't logically possible, Deal argues.

"The idea that somehow the defendant would know of that exact spot (that particular couple of centimeters) on the boot to be tested, as opposed to all of the other blood-drenched items -- and then would have discovered it before -- is particularly unreasonable. 

Deal believes that the new evidence combined with other facts that could be presented at trial could lead to a more favorable outcome for his client.

"This court is reminded that this is a circumstantial evidence case," Deal writes in his brief. "A crucial fact ignored by the people below is that there was a shoeprint in the snow found in the driveway where the victim was found, which was determined not to be from either the defendant or the victim.  A jury hearing new information about a third party's DNA being on the victim's clothing along with the discovery of a mysterious footprint at the crime scene, on top of the Medical Examiner's malfeasance, when combined with the fact that the 220-pound victim had defensive injuries on his hands while Mr. Doll suffered absolutely no injuries would certainly never be so unfazed as Judge Pietruszka would have us believe."

Doll, now housed at the Hudson Correctional Facility, has consistently maintained his innocence. He is eligible for his first parole hearing in December 2024.

Judge Sanford Church, of Orleans County, is hearing the motion because of Genesee County Judge Melissa Lightcap Cianfrini's conflict of interest in the case.  She was an ADA in the District Attorney's Office during the trial and subsequent appeals.

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

Latoya D. Jackson, 37, of State Street, Batavia, is charged with resisting arrest while being arrested on four bench warrants. Officer John Gombos arrested Jackson on four warrants issued by City Court.  Jackson was a passenger in a traffic stop.  While officers were attempting to arrest Jackson, she allegedly refused to comply with verbal commands and resisted being handcuffed.  The first warrant stemmed from an incident on June 20, on State Street, where Jackson was charged with harassment 2nd and released on an appearance ticket, after which she allegedly failed to appear.  The second warrant was issued after Jackson was arrested on a charge of criminal contempt 2nd on June 28 for an incident on East Main Street for which she reportedly failed to appear.  The third warrant was issued for a trespass arrest on July 8 at an apartment complex on East Main Street, resulting in another appearance ticket.  The fourth warrant was issued after Jackson was arrested on Aug. 28 on a charge of criminal contempt 1st, endangering the welfare of a child, and harassment 2nd during an incident on State Street.  Jackson was arraigned in Centralized Arraignment Part Court on Feb 11 and released on her own recognizance. 

Joseph C. Jeffords, 31, of Chestnut Street, Batavia, is charged with criminal possession of a controlled substance 7th. Jeffords was arrested on a warrant out of City Court on Feb. 6 and released on his own recognizance.

Raymond J. Vickers, 55, of Dellinger Avenue,  Batavia, is charged with petit larceny and harassment 2nd. Vickers was arrested on Feb. 2, unspecified time, following an incident at a local business. He was issued an appearance ticket.

Jason S. Neth, 28, of Alleghany Road, Corfu, is charged with DWI, suspended registration and speeding. Neth was stopped on Feb. 5 at an unspecified time at an unspecified location in the City of Batavia by Joseph Weglarski. He was issued an appearance ticket.

Amber L. Turner, 29, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and unlicensed operator. Batavia PD K-9 Batu was reportedly alerted on Turner's car during a traffic stop on Feb. 10 at an undisclosed location in the City of Batavia, and she is accused of possession of crack cocaine.  She was issued an appearance ticket.

James N. Difalco, 26, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Batavia PD K-9 Batu was reportedly alerted on a vehicle Difalco was riding in during a traffic stop on Feb. 10 at an undisclosed location in the City of Batavia, and Difalco is accused of possession of crack cocaine.  He was issued an appearance ticket.

After more than seven decades of selling their popular dairy products, owners Brian and Heather Bailey made the sad announcement Sunday that it was coming to an end for Kutter's Cheese Factory retail store.

“It’s with a heavy heart that we have to announce that Kutter's  Cheese Factory Retail Store, after 75 years in business, is closing its doors,” the couple posted on its online site. “Conditions (outrageous shipping costs, discontinued cheeses, rising costs on everything, and labor shortages) have made it impractical to continue.

“It’s so difficult to say goodbye to our wonderful, selfless and hard-working employees, and to you, our customers,” they said.  “We’ve had the privilege to meet so many wonderful people and exchange smiles and our love of cheese.  Someday we may find our way back to business somewhere, but in the meantime, we’ll just say so long for now.”

The shop opened in 1947, and during the next 70 years, it continued to expand at 857 Main Road, Corfu, catering to the tastes of cheese lovers near and far.  The Kutter's store was the recipient of an Agricultural Business of the Year Award in 2009.

The owners also wanted to clarify that it is the retail store that’s closing, and not the manufacturing business of Yancey’s Fancy, which is under separate ownership.

“I hope you will have fond memories of our store and we will most certainly have fond memories of you,” they continued.  “God bless you all. Love and Respect, Heather and Brian Bailey, Owners.”

Obviously, the feelings are mutual, with several comments from folks expressing sadness and memories about having shopped at the store or family members going there for favorite items (cheese curd was apparently a popular one), even traveling from out of state -- including North Carolina -- to do so.

The owners announced a sale that will run from 10 a.m. to 5 p.m. Monday through Friday.

File Photos of top, Kutter's Cheese Factory on Main Road in Corfu, the Hot Stuff Yancey's Fancy buffalo mascot during a Kutters' customer appreciation day, and above, an assortment of cheeses at the shop, by Howard Owens.

UPDATE: There was a long line outside of Kutter's this morning. Photo courtesy WBTA.

A Corfu woman will serve a year of federal probation after admitting to knowingly participating in a fraud scheme perpetrated by an Internet contact who claimed to represent an orphanage in Africa.

Julie Keller, 57, according to the U.S. Attorney's Office, was contacted by an "Eric Holder" in December 2014, who claimed to be raising money for an orphanage in Africa. 

Starting in July 2015 and until September 2020, Keller received money from numerous people who thought they were contributing to the orphanage project.

Keller raised $182,730.76 from the victims.

She deposited the money in bank accounts that she owned and controlled at First Niagara Bank, M&T Bank, KeyBank, and Bank of America before dispersing funds to other banks outside the United States.

During the course of the scheme, each of the banks closed Keller’s accounts, advising her that the accounts were closed due to suspicious and fraudulent activity.

Even though Keller realized during the course of the scheme that she was receiving funds from donors under false pretenses, according to the U.S. Attorney's Office, she "consciously avoided learning the truth, and continued to deposit funds into her accounts from victims."

It's unclear from the U.S. Attorney's Office statement if Keller kept any of the funds for her own personal gain.

She was ordered to pay restitution of $162,853.59 by U.S. District Judge John L. Sinatra, Jr.

After missing installation dinners for two years because of COVID-19, the Corfu Volunteer Fire Department caught up on its annual awards on Saturday night, honoring top firefighters for 2020, 2021, and 2022.

Bruce Fauth, pictured above with Dean Eck and Greg Lang, was recognized for his 50 years of service and named Firefighter of the Year for 2020.

Jim Hale, with Assemblyman Steve Hawley, was recognized as a top responder.

Megan Stiles was named Firefighter of the Year for 2021.

Brian Schollard was named Firefighter of the Year for 2022.

Don Newton, chief of East Pembroke, was named an honorary member of the Corfu department for his hard work and service to the community.

Emergency Management Coordinator Tim Yaeger administered the Oath of Office for the 2023 officers. Greg Lang, chief, Dean Eck, deputy chief, Dan Smith, assistant chief, Tyler Lang and Jim Hale, captains, Megan Stiles and J.T. McCarthy, lieutenants, Dillon Hale, first aid captain, Krista Bellassai, first aid lieutenant, Rob McNally, fire police captain, Matt Lenhard, fire police lieutenant, Justin Rodland, safety officer.  The board for 2023 is Dillon Hale, president, Jacob Stiles, vice president, Jennifer Eck, treasurer, Paula Trapani, secretary, Jayden Eck, sergeant at arms, and trustees, Josh McMartin, Megan Stiles, and Matt Lendard.

Name redacted upon request, 41, of Rosemary Avenue, Buffalo, is charged with obstructing governmental administration 2nd, speeding, and failure to obey a police officer. xxx is accused of failing to yield for a patrol vehicle's emergency lights on Jan. 10 at 8:53 p.m. on Bloomingdale Road, Tonawanda Indian Reservation, and then, when he did stop, running from the vehicle. Once apprehended, he was transported to the Genesee County Jail for processing and then released on an appearance ticket.

Antonio Elmer Sosa-Martinez, 33, of West Academy Street, Albion, is charged with DWI, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle on a highway, and unlicensed driver. Sosa-Martinez reportedly crashed his work van on Warsaw Road in Le Roy at 8:14 p.m. on Jan. 7. After an investigation by Deputy Mason Schultz and Deputy Jacob Kipler, Sosa-Martinez was placed in custody. He was transported to the Genesee County Jail for processing and released.

John James Gronowski, 45, of Cayuga Circle Road, Cheektowaga, is charged with criminal trespass 3rd. Gronowski was allegedly at Batavia Downs after previously being told he was not allowed on the property. He was issued an appearance ticket and released.

David Charles Pfenninger, Jr., 44, of Fargo Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Pfenninger was reportedly found in his vehicle stuck in a ditch on Route 77, Pembroke, at 1:10 a.m. Jan. 13 by Deputy James Stack. He was released on an appearance ticket.

Jordan Roger Difilippo, 29, of Pratt Road, Pembroke, is charged with sex offender failing to report change of address/status. Difilippo was arrested on Jan. 12 for allegedly failing to disclose an email address to the Department of Probation. He was released on an appearance ticket.

Paul Crawford, 54, of Old Meadow Lane, Batavia, is charged with criminal possession of a controlled substance 7th and driving on a suspended registration.  Crawford was arrested on Jan. 12 after being located on Old Meadow Lane at 9:02 p.m. He was released on an appearance ticket.

Timothy Ting Hsia, 33, of Sinclair Street, Mckeesport, Pa., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and failure to use four-way flashers. Hsia was stopped at 6:05 a.m. on Jan. 14 on Genesee Street, Pembroke, by Deputy Ayrton Blankenship.

Matthew J. Zon, 41, of South Byron, is charged with criminal contempt 1st. Zon was arrested on Jan. 12 by State Police in connection with an incident reported at 3:09 p.m. on Oct. 15 in the Town of Byron. According to the statute cited, Zon reportedly has a prior criminal contempt conviction. He was released on his own recognizance. 

Kim M. Sobczak, 60, of Batavia, is charged with petit larceny. Sobczak was arrested by State Police in connection with an incident reported on Jan. 11 at 1 p.m. in the Town of Batavia. She was released on an appearance ticket. No other information released.

Press Release:

The State University of New York at Fredonia has announced the appointment of David A. Stringham, Ph.D., as Dean of Fredonia’s renowned School of Music.

“The Fredonia School of Music has a long history of excellence, and Dr. Stringham brings experience that will continue that success,” said Executive Vice President and Provost David Starrett. “We were impressed by David’s vision for new programs that will only enhance the stellar student experience. I look forward to working with Dr. Stringham to continue moving the Fredonia School of Music forward.”

Dr. Stringham, who grew up in Corfu, most recently served as the Executive Director of the Office of Creative Propulsion at James Madison University. He has been a part of the School of Music and College of Visual and Performing Arts at James Madison University since 2010. In addition to being a full professor of music, Dr. Stringham co-founded JMU’s Center for Inclusive Music Engagement and served as its founding director. He was also the Assessment Coordinator for the School of Music, and the Director of Research, Entrepreneurship, and Engagement in the College of Visual and Performing Arts. His work has been supported through dozens of grants from such institutions as the Mid-Atlantic Arts Foundation, the National Endowment for the Arts, and the 4-VA Collaborative.

“I am honored to accept President Kolison’s invitation to serve as Dean of Fredonia’s School of Music,” Dr. Stringham said. “As a Western New York native, a student and colleague of Fredonia graduates, a former New York State public school music teacher, and a music teacher educator and researcher, I have long been keenly aware of and impressed by the Fredonia School of Music, its faculty, and its alumni. It is exciting and meaningful to join Fredonia’s School of Music as it seeks to build on its rich history and stellar reputation through self-examination and re-imagination. I look forward to working with Provost Starrett, Vice Provost Horowitz, and my new colleagues in the School of Music, across campus, and in the community, to help facilitate the School of Music’s next steps.”

Dr. Stringham received his Bachelor of Music (Music Education), Master of Music (Music Education), and Doctor of Philosophy (Music Education) from the University of Rochester.

Dr. Stringham will begin his role at SUNY Fredonia during the spring semester.

Photo of Dr. David A. Stringham by Cody Troyer

As of 7 a.m., Ken Lauer says Route 33 is pretty much blocked by some tractor-trailers.  Route 77 seems OK "but you gotta be nuts to be driving," he says. "Too much blowing to estimate snowfall, but drifts are two to four feet.  Crosby on the corner is open.  I’m at the bakery if someone needs warmth and a hot beverage.  Looks like Santa Amazon is in need of Rudolph and some large tow trucks."

Email weather-related photos to howard@thebatavian.com or text to (585) 260-6970

Jason Smith's dogs in Batavia are a bit unsure about going outside.

Photo submitted by Leah Buckel. "This tree narrowly missed our house! Unfortunately, part of it did hit my husband's car."

Our friend Paul Saskowski asked us to take a look at his impressive Christmas light display in Darien, at Harlow and Sumner roads.  Some of his lights came from the light display the DiSalvos used to put up on Fargo Road, so The Batavian made the road trip last night, stopping along the way to take pictures of the lights of other homes.

A country drive on a snow-covered December evening is good entertainment.  Christmas lights aren't just for city folks.  There's a particularly nice stretch along Alexander Road in Batavia where nearly every home on both sides of the road are lit up, and it's almost magical to drive through. A photo couldn't do the stretch justice.

The first four photos are of the light display of the Saskowski homestead.

Pearl Street Road.

Sumner Road

Sumner Road

Fargo Road, Darien

Route 5, Corfu

Route 5, Batavia

Jennifer M. "Miss B" Morton, 38, of Driving Park Avenue, Rochester, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, and promoting prison contraband 1st, and Angela R. Bateman, 50, of Hutchins Street, Batavia, is charged with criminal nuisance 1st and criminal possession of a controlled substance 7th. As the result of a joint investigation by Batavia PD and the Local Drug Task Force, a search warrant was executed on Dec. 5 at a residence on Hutchins Street, Batavia. Morton, currently on probation related to prior drug charges, was allegedly found in possession of 150 bags of cocaine, and during processing, allegedly entered a secured portion of the Genesee County Jail in possession of cocaine. Bateman, on parole from prior drug charges, is accused of maintaining a premises where narcotics were being sold.  Both Morton and Batement were arraigned and ordered held without bail.

Chad W. Main, 41, of Warsaw, is charged with felony driving while ability impaired by drugs, felony aggravated unlicensed operation, two counts of criminal possession of a controlled substance 7th, obstructing governmental administration, uninspected motor vehicle, unlicensed operator, open alcoholic container, failure to signal, and inadequate plate lamps, and James W. Sherbert, Jr., 49, of Perry, is charged with criminal possession of a controlled substance 7th. Sgt. Mathew Clor initiated a traffic stop on Dec. 2 at 12:41 a.m. on Parmelee Road, Le Roy and upon stopping, Main allegedly fled on foot. He was apprehended a short time later by Clor and Deputy David Moore. Sherbert was allegedly found in possession of two controlled substances.  Main was arraigned and released on his own recognizance. Sherber was issued an appearance ticket.

Herbert B. Gennis, 33, of Raymond Avenue, Batavia and Jason W. Whitehead, Jr., 33, of Bank Street, Batavia, are charged with multiple crimes. It's not entirely clear from the Sheriff's Office which charges apply to which defendant. The charges are criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 5th, criminal possession of a weapon, criminal possession of a controlled substance 7th, criminally using drug paraphernalia 2nd, aggravated unlicensed operation 2nd, operating with an interlock device, and other vehicle and traffic law violations. On Dec. 1 at 7 p,m., deputies Nicholas Chamoun and Kenneth Quackenbush stopped a vehicle on Park Road reportedly driven by Whitehead. Whitehead is accused of driving on a revoked license, without an interlock device, and was in possession of a weapon and narcotics. Gennis was allegedly in possession of narcotics with intent to sell. Whitehead and Gennis were arraigned in Batavia Town Court and released on their own recognizance.

Demetrius W. Richardson, 41, no permanent address, is charged with petit larceny and criminal possession of a forged instrument 1st. Richardson was arrested on three warrants containing four charges of each of the listed charges. He was arraigned in City Court and ordered held without bail.

James W. Cason, 67, of Batavia, is charged with sex abuse 3rd. Cason is accused of subjecting another person to unwanted sexual contact at a location on Bank Street on Nov. 28 at 3 p.m.  He was arraigned in City Court. An order of protection was issued. He was released on his own recognizance. 

Jeannine M. Mobley, 46, of Le Roy, is charged with petit larceny. Mobley is accused of stealing from a business on Jackson Street, Batavia, on Sept. 26 at 9 p.m. She was arraigned in City Court on Nov. 28 and released on her own recognizance.

Tonya M. Weber, 38, of Batavia, is charged with petit larceny. Weber is accused of stealing from a business on East Main Street, Batavia, on Nov. 26 at 3:19 am. She was issued an appearance ticket and released.

Joshua P. Moore, 32, of Batavia, is charged with harassment 2nd and criminal obstruction of breathing. Moore was arrested following the report of a disturbance at 1:35 a.m. on Nov. 24 at a location on Chase Parkway, Batavia. He was arraigned in City Court and released on his own recognizance.

Julie R. Richardson, 31, no permanent address, is charged with grand larceny 4th. Richardson is accused of stealing a credit card from a parked car outside a business on East Main Street in Batavia on Nov. 17 at 6:30 p.m. Richardson was arraigned in City Court and ordered held without bail. Richardson is also charged with petit larceny. On Nov. 11 at 10:50 p.m., Richardson is accused of stealing items from vehicles at a business on East Main Street, Batavia. 

Christopher P. Robinson, 24, of Amherst, is charged with DWI, driving with a BAC of .08 or greater, and consumption of alcohol in a motor vehicle. Robinson was stopped at 2:49 p.m. on Nov. 21 at Batavia City Centre by a Batavia patrol officer. He was ordered to appear in City Court on Nov. 30.

Shyanna M. Williams, 19, of Hamburg, is charged with criminal contempt 2nd and criminal contempt 1st. Williams is accused of violating a stay-away order of protection by contacting the protected party via text message multiple times over several days in November. Williams was arraigned in City Court and released under supervision.

Colleen A. Wisniewski, 28, of Middlebury, is charged with petit larceny. Wisniewski is accused of shoplifting from a store on West Main Street at 11:30 a.m. on Nov. 26. She was released on an appearance ticket.

Charles R. Brown, 47, of Batavia, is charged with criminal contempt 2nd. Brown is accused of violating an order of protection on Nov. 14 at 5 a.m. by talking with the protected party. He was ordered to appear in City Court on Dec. 6.

Kaitlyn Nicole Brooks, 30, of Shelly Road, Livonia, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, unlicensed driver, and inadequate headlights. Brooks was stopped at 6:58 p.m. on Nov. 27 on Ellicott Street Road, Bethany, by Deputy Zachary Hoy. She was allegedly found in possession of Fentanyl. She was issued an appearance ticket.

Joseph P. Gerwitz, 24, of Central Avenue, Lancaster, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. At 4:55 a.m. on Dec. 3, Deputy Jacob Kipler and Deputy Alexander Hadsall were dispatched to Alleghany Road in Alabama to investigate a report of a vehicle parked roadside. When they arrived, they found a vehicle that had crashed into a road sign and the driver was unresponsive at the wheel. Gerwitz was arrested and transported to the Genesee County Jail for processing. He was released on appearance tickets.

David John Conrad, 34, of West Ivy Street, East Rochester, is charged with criminal contempt 2nd. Conrad is accused of violating an order of protection at 8:40 a.m. on Nov. 23 at a location on South Lake Road, Pembroke. He was issued an appearance ticket.

Michael J. Fazio, age not released, of Walworth, is charged with criminal possession of stolen property 4th and petit larceny. Fazio is accused of using a stolen credit card to make purchases at the Kwik Fill in Le Roy in August. Fazio was arraigned in Le Roy Town Court on Dec. 6 and ordered held without bail. He is currently incarcerated in the Wayne County Jail on unrelated charges.

Kevin Wayne Howard, 23, of Lake Street, Le Roy, is charged with driving while impaired by drugs. Howard was located during a property check at the Kwik Fill gas station in Le Roy at 2:37 a.m. on Nov. 28 and taken into custody. He was issued an appearance ticket.

James Junior Santiago, Jr., 43, of Hundremark Road, Elba, is charged with bail jumping 2nd. James is accused of failure to appear in County Court on Jan. 16 after being released from custody on felony charges. James was arraigned and ordered held.

Joseph David Krug, 28, of Somerset Lane, Victor, is charged with bail jumping 2nd. Krug is accused of failing to appear in Batavia Town Court on May 24 after being released on felony charges. He was arraigned and ordered held.

Beth Ann Jeffres, 40, no permanent address, is charged with bail jumping 1st. Jeffres is accused of failure to appear in County Court on Oct. 21 after being released on a Class B felony charge. Jeffres was arraigned in County Court and ordered held.

Carl Thomas Amesbury, 30, of School Street, Batavia, is charged with bail jumping 1st and bail jumping 3rd. Amesbury is accused of failure to appear in County Court on Sept. 29 after being released on a Class B felony charge and in Stafford Court on Oct. 13 on another charge. Amesbury was arraigned in County Court and ordered held.

Donald Brown, 48, of Loomis Street Rochester, is charged with bail jumping 2nd. Brown is accused of failure to appear in County Court on March 9 after being released on a felony charge. Brown was arraigned in County Court and ordered held.

Erik Robert Motquin, 40, of West Main Street, Batavia, is charged with bail 3rd. Motquin is accused of failure to appear in Batavia Town Court on Sept. 13 after being released on a criminal charge. He was jailed on $1,000 bail.

Shana C. Dugar, 31, of Hawley Avenue, Syracuse, is charged with bail jumping 2nd. Dugar is accused of failure to appear in Batavia Town Court on Aug. 30 after being released on a criminal charge. Dugar was arraigned in Batavia Town Court and released on her own recognizance.

Jada Imari Smith, 21, of Mourning Dove Road, Niagara Falls, is charged with criminal trespass 2nd. On Dec. 3 at 8:58 p.m., Smith was located on Genesee Community College property after previously being told she wasn't allowed on the property. She was released on an appearance ticket.

Bryan Paul Bartha, 61, of Boyce Road, Corfu, is charged with driving while impaired by drugs, moving from lane unsafely, and leaving the scene of a property damage accident.  Bartha is accused of driving a vehicle that struck a utility pole on Boyce Road, Pembroke, at 6:30 p.m., June 27. He was arrested following an investigation on Dec. 7 and issued an appearance ticket.

Keith P. McNaughton, 24, of West Seneca, is charged with driving while impaired by drugs. McNaughton was stopped by State Police at 1:30 a.m. on Dec. 6 and issued an appearance ticket. 

Shawnna L. Lamont, 33, of Perry, is charged with petit larceny. Lamont is accused of shoplifting $19.45 in merchandise at the Dollar General store on Big Tree Road in the Town of Pavilion at 7:50 p.m. on Dec. 3 and was arrested by State Police. She was issued an appearance ticket.

A bedazzled Pembroke Fire engine 95 lights up the evening during a Christmas parade in Corfu Friday. A spaghetti dinner was followed by the parade, a tree-lighting, and special visit from Santa Claus. Photo submitted by Jim Reinhardt.
 

It might seem lucky that Cristian Johnston met his wife while on a trip to Peru, although that’s not quite the beginning or the end of the story.

This fairytale of sorts begins with Cristian growing up in an orphanage in Peru and then being adopted by Kathy Houlihan and her husband, Daniel Johnston, a couple from Corfu. It was when Cristian, 26, went back to visit that same orphanage that he first reconnected with the house mother who cared for him as a baby.

And then he met her daughter, Rosita. They fell in love and got married, and now have a son, Iker. The story unfolds into a full circle, as Cristian decided to give back to his roots by helping out financially and through hands-on labor.

Consider it luck or fate or happenstance, he has immense gratitude for what he’s been given by his adopted parents and his life ever since.

“It’s a night and day difference. It’s quite a privilege to see my life — I had two very different possibilities,” Cristian said during an interview with The Batavian. “It’s very eye-opening from where I stand.”

His mom added that there’s a lot of poverty in Peru, which has an estimated population of 33.5 million people. And whether despite that fact, or because of it, she was drawn to the country, its culture and its struggles. Peru's boundaries are with Colombia to the northeast and Brazil to the east, and they traverse lower ranges or tropical forests, whereas the borders with Bolivia to the southeast, Chile to the south, and Ecuador to the northwest run across the high Andes mountains.

A South American adoption
Houlihan first traveled to the South American locale in 1978 as an exchange student after graduating from high school. So when she and her husband were thinking of adopting, she thought Peru would be a good place to look. After all, Houlihan speaks Spanish fluently, she was familiar with the geography and some of the country’s challenges. The orphanage where Cristian lived until 4 years old housed 80 kids aged birth to 18.

The adoption process was mundane — lots of paperwork and documentation — and lengthy. It took about two years for Cristian to meet his new home in Western New York. Albeit an awkward start, that process forged a family.

“We were all excited,” Houlihan said. “We were also so scared. What if he doesn’t like us?”

She had read most every book on adoption to learn the ins and outs of the process and what should and shouldn’t be done. Houlihan doesn’t recommend that to other prospective adopters; it just heightened the couple’s anxiety.

When they met Cristian, it was a bit tense, she said. They brought him back to their hotel room and showed him toys they’d brought — he loosened up and their nervousness eased.

Still, they had six more weeks in Peru as part of the process. And then, Cristian finally met his new family, home, neighborhood and community. A young man of few words, he didn’t dwell on life in the past, but on all that he hopes to accomplish moving forward.

A trip of reconnection

It was in 2018 when a friend asked if Houlihan wanted to visit Peru, and Cristian said he wanted to go back and check out his humble beginnings. They went to the orphanage, where his caretaker, Hermelinda, was still caring for children.

“It was overwhelming,” he said. “It was a lot to take in.”

His memory is scarce, the cafeteria and smell of food seemed somewhat familiar, but there was nothing on the emotional side, he said. After years of being away, he stood face-to-face with the very woman who nurtured him as an orphaned boy.

“Twenty years later, she was there. She told me about how her daughter helped take care of me,” he said.

He went back to the United States and worked to save money for a return visit, this time for eight months. It was just a “personal drive to want to get back,” he said. He helped out with plumbing, and landscaping — creating a large flower garden near the orphanage — revamping a defunct bakery, painting, purchasing new equipment and repairing what could be salvaged, buying uniforms for the children and assisting where he could.

Meeting his future
It was during this trip that he fell for Rosita. They got married in 2019 and she eventually moved to the U.S. with Cristian. Both of them had a goal to help the orphanage, and Cristian talked to his mom about doing more.

Why?

“Seeing the happiness of the youth,” he said, as Houlihan added that “they looked up to him as a brother.”

The family also established a nonprofit in 2019, Peru Outreach Project, to raise money for various needs at the orphanage. They have come a long way — building a medical clinic, assembling first aid boxes, buying Christmas presents and new playground equipment for the kids, and establishing a sewing workshop for residents to make their own towels, curtains and clothing repairs.

“They really loved the care and support,” he said. “I got to see some of the needs. (Fulfilling them) felt very rewarding; it was a satisfaction to see what I’m doing has meaning, to give them what I had. It can give them a sight that this isn’t forever.”

In 2005, the Houlihan Johnston clan grew again with the adoption of Gabriel. Meanwhile, Cristian’s work didn’t go unnoticed. A local television network was going to air a show about the orphanage’s anniversary, and Christian was there doing his work as usual. His story ended up being part of the show, and it was aired throughout Peru.

His birth family saw the show and knew it was their Cristian. He ended up meeting his birth parents and extended family.

“I didn’t hold anything negative against them,” he said. “Internally, I was very emotional.”

Their cause has continued to grow. In February, they began to rent a home — which needed much TLC of a renovated kitchen, new electric system, repainting and gardens — to house up to six Amazonian women on a path to a better life. The women go to nursing school so they can have a lucrative future careers.

While there, the occupants will learn how to grow their own produce, cook, and use management skills. They otherwise would be living in the village with no educational or career opportunities, and end up “married and having kids” as their life’s work, Houlihan said.

“This is an opportunity for her to get out and see a different perspective,” Houlihan said. “She can be self-reflective ... and give back to her family.”

Ongoing outreach
The Outreach has invested some $30,000 so far, with an ongoing $2,000 monthly rent payment for the house. There is a 10-member board with officers -- Cristian is president -- and a website to learn more. The organization is largely funded by grants from the Buffalo Quaker community and a Mennonite church in Pennsylvania, plus donations from churches and individuals. Another goal is to take more volunteers with them to Peru.

“We do eventually want to focus on … safety, security and love, and for them to envision that they can become self-sufficient,” Houlihan said.

Houlihan and Cristian are available for presentations to any group upon request. Contact them at info@wnypop.org or at P.O. Box 234, East Pembroke, NY, 14056.

Top Photo: Kathy Houlihan, Rosita, Iker and Cristian Johnston talk about their mission to assist the Aldea Infantil Virgen del Pilar orphanage in San Martin, Peru at Coffee Press in Batavia, by Joanne Beck; submitted photos of the orphanage, a sewing workshop, female nursing students studying, new playground equipment, and Cristian with his son, all in Peru; and photo above of Cristian with his son, by Joanne Beck.