One of the main issues in a motion by an attorney for Scott F. Doll to dismiss his 2010 murder conviction isn't supported by the court record, Assistant District Attorney Will Zickl is arguing in an answering affidavit released Friday.
Doll's attorney, Timothy Murphy, argued in his motion that investigators didn't have probable cause to detain Doll after he was found in blood-soaked overalls on North Lake Road, Pembroke, the night of Feb. 19, 2009.
Doll was convicted by a jury of murder for beating to death Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business, at the victim's home in Pembroke.
He is serving a 15-years-to-life sentence in State Prison.
The failure of Doll's defense team -- Paul Cambria and Daniel Killilea -- to raise the issue of the detention constitutes insufficient legal representation, Murphy argues.
Zickl counters that Murphy fails to establish a factual basis for his motion. He argues that at the trial court level, the defendant challenged the legality of his detention, including his transport to the Genesee County Sheriff's Office, in his motion to suppress statements Doll made to investigators.
Doll has already lost an appeal on the legality of his being questioned without being read his rights.
An appeals court found that questioning Doll was legal under what's known as the "emergency doctrine." Since investigators had reason to believe a person may be injured and in immediate need of assistance if located, they need not advise Doll of his right to remain silent.
Zickl argues that Doll received a vigorous and well-crafted defense during all phases of the case.
"A cohesive and closely tailored theory of the Defendant's innocence was cogently presented to the jury by the defense team," Zickl writes.
Zickl asks that since the record is so clear, Doll's motion be denied without a hearing.
As for Doll's motion for further DNA testing, Zickl argues that further testing won't produce different results.
"A central premise of the Defendant's motion is that the victim and the perpetrator were involved in a 'struggle' and as a result it is likely that genetic material would be found underneath the victim's fingernails or on his clothes," Zickl writes.
"This theory is not supported in the record. In fact, the record is more consistent with a theory of an ambush and rapid incapacitation of the victim by the Defendant.
"Even assuming, arguendo (for the sake of argument), that the requested genetic testing had produced a profile other than the Defendant's, it would not explain or diminish the overwhelming evidence of the Defendant's guilt, such as the volume, distribution and appearance of the victim's blood on his person, his clothes and his vehicle."
Noonan will rule on the motions at a later date.
For previous Scott Doll coverage, click here.
