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The degree of cooperation between Batavia Police investigators and New York State parole officers during the investigation into an alleged arson last year could determine what evidence can be used at trial against Andre Scott, accused of attempted murder.

In a hearing that was broken up over three different sessions in a three-week span, defense attorney Thomas Burns probed whether state parole officers based in Rochester merely did what they were supposed to do in supervising Scott, or collaborated with Batavia investigators to obtain evidence improperly.

The 6' 8" Scott, who appeared in court Thursday sporting a big, ill-kept '70s style Afro, is charged with arson, attempted murder and burglary. He is in jail awaiting trial.

Burns focused most of his questioning of Det. Chuck Dudek and Parole Officer Chris Van Schaick on when and how Batavia police obtained custody of Scott's mobile phones, the reason and nature of parole officers obtaining a saliva-based drug test and whether Batavia officers incorrectly participated in a search of either Scott's car or his home.

Since Scott was on parole -- starting in 2007 on a unlawful possession of a weapon conviction -- Scott is required to comply with search requests and submit to drug and alcohol tests from parole officers. He isn't required to be as cooperative with agents of other law enforcement units.

Scott is accused of trying to set fire to an apartment in Batavia on Jan. 24, 2009. Batavia investigators quickly identified Scott as a suspect and went to Rochester in an attempt to question him. When they failed to make contact, they called Van Schaick and asked for his help in locating Scott.

After an initial meeting at the parole office in Rochester, two Batavia detectives and three parole officers staked out Scott's apartment.

Scott, who had a 9 p.m. curfew, arrived at the complex at 8:50 p.m., but parked in a lot next door to his complex.

The Batavia detectives, along with a parole officer, stopped Scott and the parole officer immediately handcuffed him, apparently, because of a concern that he might be carrying a weapon.

Parole officers then searched Scott's car and obtained one of his cell phones.

At Thursday's portion of the hearing, Scott took the stand, and said Dudek asked to search his car and Scott said no. Dudek then obtained a key from one of the parole officers and attempted to open the car. After the car was finally opened, Dudek removed Scott's mobile phone and then began pushing buttons -- which Scott said he knew, because he hadn't had time to terminate his previous phone call and his Bluetooth ear piece was still activated.

Dudek denied that sequence of events. He said Det. Patrick Corona accidentally locked Scott's car after Scott was in custody, felt it was his mistake and asked Dudek to help get the car unlocked again. But once it was unlocked, Dudek said he returned to the vehicle where Scott was being held and took no part in the search, except to help remove the spare tire.

Once back at the parole office, Scott was asked to submit to an alcohol screening and drug test.

Scott admitted on the stand Thursday that he had been drinking on Jan. 25, in violation of his parole terms. He also said that during his nearly two years on parole he had been asked to submit to drug tests about 20 times. Each time, he said, the test was a urine sample.

This time, Scott was asked to submit to a mouth swab.

Prior to the alcohol screening, Van Schaick said during his testimony on Thursday that Dudek asked for the mouth swab after the screening.

Van Schaick said he asked Dudek, "You're looking for DNA?" Dudek said he was. "This," Van Schaick said, meaning the mouth swab, "would be better than the tube."

Dudek's version of that exchange didn't include an explicit mention of a search for a DNA sample.

At the end of the hearing Thursday, Judge Robert Noonan, during the process of selecting a trial date, said to District Attorney Lawrence Friedman, "Based on the evidence I've heard, I gather that if the defense wins its motion, it would not be terminal to the prosecution?"

Friedman agreed it would not be terminal to his case against Scott.

Noonan won't rule on the defense motion to suppress the disputed evidence until after receiving written briefs from both the defense and the prosecution.

A trial date was set for Aug. 23, with a provision that if a week (the trial could take up to five days) opens on the court calendar before then, the trial date would be moved up.

Scott has until June 30 to accept any potential plea agreement, otherwise the case will go to trial.

Daily News staff writer Tom Rivers is now famous in Albany, if that's anything to brag about.

Thursday, Assemblyman Steve Hawley delivered copies of Tom's book, "Farm Hands," to every member of the State Legislature.

From a statement from Hawley's office:

As a former farmer and president of the Genesee County Farm Bureau, the assemblyman knows how important the farming industry is to New York State. It is the assemblyman’s hope that this book will create greater awareness of the importance of the agriculture industry and how damaging the passage of the Farmworkers Omnibus Labor Standards Bill (also known as the “Farm Death Bill”), a proposal that would impose expensive labor mandates, could be to farmers.

A "rather large fire" has been reported in the area of Merriman and Cook roads in Byron.

Byron Fire has responded and Elba Fire is providing mutual aide. It's unclear at this time what type of fire it is.

UPDATE 8:51 p.m.: The property owner has been located and he said this is a controlled burn. There is still some concern that some piles are burning close to a wooded area.  Firefighters continue to respond.

UPDATE 10:14 p.m.: This remains a working incident.

UPDATE 10:41 p.m.: Bryon chief just said, "let's pack up and go home."

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A motorcyclist has reportedly been struck by a car at the intersection of Ellicott and Otis streets, Batavia.

City Fire and Mercy EMS are responding.

Two men with faces covered by white towels or bandannas forced their way into a home at 20 Vine St. at 5 a.m. and demanded drugs.

The intruders threatened the use of guns but did not display a weapon.

One of the three residents at home at the time fought back and one of the suspects, a black man, may have suffered cuts on his face and nose.

The second suspect is a white man.

Investigators do not believe the home was selected at random.  The suspects fled the scene in a northerly direction.

Anyone with information is asked to call the Batavia Police Department at 585-345-6350 or the Batavia Police Department’s Confidential Tip Line at 585-345-6370. Information can also be left via the Suspicious Activity Reporting link at the Batavia Police Department’s web site.

County Legislator Charles Zambito is about to become the new county attorney, and Bergen Village Trustee Robert Bausch will be appointed to replace him in District 2.

The Zambito and Bausch appointments were approved unanimously yesterday by the Ways and Means Committee and will be placed on next Wednesday's agenda for the full Legislature to vote on.

Hollis Upson chaired the Ways and Means Committee meeting yesterday (normally Zambito's position) and praised both his fellow legislator and the incoming local lawmaker.

On Zambito: "He was rather heartily endorsed as a candidate who knows the county’s business intimately and he is good to work with, so we’re looking forward to it. We expect no bumps and lots of continuity in the service."

On Bausch:  "He has a long history of community service. Quite impressive. Very dedicated public servant in private, non-profits and many boards over the years, so we think he will be a great addition to the Legislature."

Bausch spoke with The Batavian's news partner WBTA and said he's looking forward to the job and took it with the idea that it is at least a four-year commitment, not just something he is going to do for a year and then step aside.

"Primarily, the major issue I see with the county is the nursing home. It is the cash-flow issue because they do not have a normal financial plan for the people at the county nursing home."

He said his range of experience with various groups and boards will be a benefit in his new role.

"That really helps mature a person for a position like this because you understand there are two sides to a story, you’ve just got to understand where everybody is coming from," he said.

Zambito will take over from John Rizzo, who is retiring and taking a job with an area bank, on April 5.

David J. Swartz, 49, of 313 Washington Ave., Batavia, is charged with petit larceny and trespass. Swartz was reportedly found on CSX Railroad property Wortendyke Road in the Town of Batavia. Sheriff's deputies and a CSX Railroad police officer responded to the area at 9:30 p.m., Tuesday, after receiving a report of a suspicious vehicle. Swartz was allegedly stealing items from CSX.

Joshua S. Bettilyon, 22, of 26 Maple St., Apt. A, Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Bettilyon was stopped by Deputy Chad Minuto in the Village of Oakfield at 8:45 p.m., Wednesday, for allegedly speeding.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 each.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY:  Spring colors aren't quite yet here, unless you go to The Enchanted Florist! Brighten up your home or office today. We have a $20 gift certificate for $9.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

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Several bars in Batavia tonight were popular spots for St. Patrick's Day celebrations, but Center Street Smoke House had students perform from McMahon School of Irish Dance (above). Meanwhile, O'Lacy's Irish Pub, as you would expect, was packed (below).

In a filing with the SEC, Batavia-based Graham Corp. announced raises for its senior executives, effective April 1, according to the Rochester Business Journal.

Pay for CEO James Lines jumps 3.8 per cent, from $265,000 to $275,000.

Three percent increases were given to Jeff Glajch, vice president–finance and administration and chief financial officer, to $216,000; Alan Smith, vice president of operations, to $183,536; and, Jennifer Condame, controller and chief accounting officer, to $132,613.

Yusuf A. Hassem told Judge Robert Noonan today that's he's not an evil man.

"Most of those things on my record are misdemeanors," said the 69-year-old con man who's criminal history dates back to 1957.

Noonan wasn't buying it.

"I'm imposing the maximum sentence and I know there is a prosecutor in Albany looking to do the same," Noonan said. "I don't know if you are going to live long enough to see daylight again or not, but society would certainly be safer if you don't."

Hassem, aka Louis L. Reed, was convicted by a jury Feb. 3 of grand larceny, 4th.

The maximum sentence Noonan could impose was two to four years in state prison.

The swindler stole $2,000 from a Batavia woman after meeting her at Tonawanda Valley Federal Credit Union. That day Hassem was dressed in suit that made him look like a possible African visitor and spoke to the woman in a fake Nigerian accent. He said he was new to the country and needed help with a banking transaction. Somehow, he managed to switch packages with her, handing her a pile of paper in a handkerchief, and walking off with her money.

The mother of three was working three jobs at the time, 70 hours a week, and the $2,000 represented her entire savings.

In court today (she asked that I not us her name and I agreed), the woman described how angry she was and how foolish she felt when she realized her money had been stolen.

"I had to rethink the situation and realize I was just being me -- helpful and good-hearted, and I got taken advantage of by a criminal that had sadly made a career out of taking from people," the woman told Noonan.

She said Hassem should be locked away forever and asked Noonan to throw the book at him.

District Attorney Lawrence Friedman pointed out that Hassem has made contradictory statements about the events of that day and most recently told pre-sentence investigators that he didn't steal the victim's money.

"It’s clear this defendant can’t tell the truth," Friedman said. "We can't really protect society from him long enough because eventually he will get out and he will victimize people again. The maximum isn’t long enough, but let’s at least protect society for as long as we can."

Friedman noted that the Buffalo resident's rap sheet is 23 pages long and spans multiple decades, multiple states and multiple aliases.

His defense attorney asked for some a minimum sentence because of health issues and Hassem's age.

When it came time for Hassem to speak, he blamed the victim. He claimed that he flirted with the woman and she flirted back and that they had made a date for later.

"This is really about she couldn't get a dime from me," Hassem said.

When the aging grifter finished his disjointed speech, Noonan laid into him.

"Well, sir, it's hard to imagine that somebody could get to be nearly 70, and to be as intelligent a person as you seem, and then be so detached from reality," Noonan said.  "For you to think that this young woman would be attracted to you and that you could get a date with her, while it may have been in your mind that she was flirting back, while you're all dressed up in your funny little African costume, and that you could win her over as a little old man who needed her help, is hard to believe."

Noonan also ordered Hassem to pay restitution of $2,000, which Hassem also tried to dispute saying his family tried to pay restitution previously, but Friedman turned it down.

Noonan shut him off with a terse, "you also could have accepted a plea before this case went to trial for one and a half years. Those times are long gone. This case is over. The matter is adjourned."

At which point, Hassem was asked to sign some papers and he started to speak again, but his deputy escort said, "Do you want to add contempt of court to your charges?"

A two-car accident, believed with injuries, has been reported on the Thruway in the area of westbound mile marker 382.

One person has been reportedly dragged from a vehicle and is lying on the ground.

One car is in a ditch.

Mercy Flight is being put on standby.

Le Roy Fire and Le Roy Ambulance are responding.

UPDATE 11:54 a.m.: An assistant chief reports one injury, with the patient complaining of neck and back pain.

UPDATE 11:56 a.m.: Mercy Flight cancelled.

Louis M. Reeb IV has been charged with DWI, unlawfully fleeing a police officer, speeding and reckless driving, among other charges.

The 19-year-old is accused of leading law enforcement on a 100-mph chase through the town and city of Batavia on March 8 before slamming his truck into a house on South Main Street.

Reeb appeared voluntarily in Town of Batavia court with his family this morning to answer to seven charges filed in the town's jurisdiction. He also faces three charges in the city.

The young man was released from the hospital yesterday.

The other town charges include unsafe passing, driving left of pavement markers and failure to yield to an emergency vehicle.

He was issued an appearance ticket for the City of Batavia charges, which are: reckless endangerment, criminal mischief and speeding. He is scheduled to appear in City Court at 9 a.m., March 31.

No bail was set for Reeb by Justice Tom Williams. He was released under the supervision of Genesee Justice. He is to appear in town court again at 1:30 p.m., April 27.

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)

A 47-year-old Bergen man suspected of DWI died shortly after being arrested Tuesday evening, despite the best efforts of Sheriff's deputies and EMS personnel to revive him.

Richard Fox, of 7936 Swamp Road, was pronounced dead at UMMC at 7:33 p.m.

The incident started at 5:59 p.m. when Deputy Timothy Wescott was dispatched to the Fox residence after a 9-1-1 call reported that Fox had just gotten in his car while intoxicated and driven off.

When Wescott arrived at the address, he reportedly found Fox's car in the driveway and Fox was in his residence, so Wescott questioned him about the alleged drinking and driving.

Based on the interview, Wescott conducted a field sobriety test. Fox reportedly failed the test and was placed into custody.

After Fox was handcuffed and placed in a patrol vehicle, he asked to speak to his wife.

Fox is described in a Sheriff's Office press release as cooperative throughout the entire process.

After Fox finished talking with his wife, Wescott noticed that Fox had become unresponsive. About this time, Deputy Chris Parker arrived on scene.

Wescott and Parker began to administer CPR to Fox and the Bergen Volunteer Fire Department ambulance was dispatched to the location.

The medics took over resuscitation procedures and began the transport to UMMC.

Efforts to revive Fox at UMMC were unsuccessful and he was pronounced dead.

The investigation into his death is ongoing by the Sheriff's Office, Coroner Robert Yungfleisch and the Monroe County Medical Examiner's Office.

A 79-year-old Batavia woman was taken by Mercy Flight to Strong Memorial Hospital following a semi-truck vs. car accident at Jackson and Ellicott streets this evening.

The car was apparently flipped over by an 18-wheeler and it landed on its roof, narrowly missing the gas pumps at the Red Apple Kwik Fill.

The driver of the truck, Slawomir Milczek, said he never even saw the car until after he stopped to check his brake lines and saw the vehicle on its roof at the gas station.

“I didn’t see any car," Misezek said.  "I just come here, and ‘oh, my God. The car is in the gas station. What happened?’ I don’t know."

Sgt. John Peck said the initial investigation indicates the driver of the car failed to yield the right-of-way as she turned onto Ellicott from Jackson.

The car, driven by Josephine Barone of Swan Street, was caught under the wheels of the trailer, thrown into a railroad-crossing sign and flipped over onto its roof near the gas pumps.

“I don’t know what her condidtion is, but I did speak to her briefly and she was conscious and alert," Peck said. "I’m sure a lot of it is precautionary, but I don’t know the extent of her injuries.”

Mercy Flight landed in the parking lot of the Salvation Army.

Misezek was emotional and animated as he described the accident to local media (pictured above).

“Then I hear very big noise. Boom." Misezek said. "I think, my air hose is broken. And then I was a stoppen on the railway, so I can’t stop, so I move a little bit forward, OK. And then I was stoppen there. I just went from the truck and ‘what’s going on?’ I didn’t see anything around me."

LISTEN (recommended): Slawomir Milczek describe the accident (mp3).

Good turn out tonight for the community meeting on sex offenders called for by Councilwoman Rose Mary Christian and organized by Police Chief Randy Baker and members of his department.

Top photo is Det. Pat Corona explaining some of the information available to the community on sex offenders.

After his opening remarks, Det. Corona showed a video about the New York sex offender database.

And it was at that point that I had to leave rather abruptly to cover the accident at Jackson and Ellicott.

BATAVIA, NY -- Scott Doll didn't kill Joseph Benaquist. That's the defense attorney Paul Cambria said he will present at the Corfu man's murder trial starting May 3.

Cambria won't rely on expert psychological testimony to try and explain Doll's actions or statements, Cambria said at a hearing in Genesee County Court this morning.

"There is no such defense," Cambria told Judge Robert Noonan after District Attorney Lawrence Friedman asked for the results of any psychological evaluation of Doll. Cambria said no such evaluation has been done because Doll's state of mind won't be an issue in the trial.

"The defense is the defendant is not guilty. That’s the defense. We do not intend to offer any sort of psychological testimony. He didn't do it. That’s the the defense of the case."

Today's hearing was primarily to give Doll a chance to accept any plea offer before the trial date is confirmed, but Friedman hasn't made a plea offer to Doll.

"It has been the understanding from the start of this case that it had to be tried and Mr. Cambria agreed with that assessment," Friedman said.

The two attorneys, as well as Cambria's co-counsel, Daniel Killelea, discussed various issues regarding evidence in the case.

Killelea raised a concern about the prosecution's inability, so far, to narrow the time of Benaquist's death further than some time between 4:45 p.m. and 1:30 a.m. p.m., Feb. 16-17, 2009 (the prosecution puts the time of attack at between 4:45 p.m. and 8:45 p.m.).

"Obviously, a more narrow time is important to us as we prepare our defense, and at trial, to effectively represent Mr. Doll," Killelea said.

Judge Noonan said he couldn't really order the prosecution to name a more particular  time if Friedman doesn't have the evidence to draw that conclusion.

Outside of court, Cambria said the Sheriff's Office and District Attorney reached a hasty conclusion that Doll killed the 66-year-old Benaquist, who was found bludgeoned to death in the driveway of his Pembroke home. Cambria said they concluded Doll was the killer even before all of the forensic evidence was gathered.

"They rushed to judgement here," Cambria said. "In two days they had an indictment. We’re getting reports now (from the forensics lab). We just got one last week. And here they are rushing to judgment two days after it’s over. As far as we’re concerned, they have their opinion and when they get to court and they get crossed examined and we put in our evidence, then the jury will make a determination."

Sheriff's Office investigators say Doll was found covered with blood wandering on the east side of North Lake Road. 

The trial is expected to last three weeks.

For previous coverage, click here.

Photos: Cambria, back left, Killelea, and Doll exit the court house. Inset: Paul Cambria talks with the media.