The ownership of two vehicles that may have been part of business transactions between Scott F. Doll and Joseph Benaquist remains in dispute.
The ownership claims were at the crux of a defense motion heard by Judge Robert Noonan in court this morning. Doll, who is accused of killing Benaquist in February, is seeking the return of the vehicles because a financing company wants to be paid for the cars.
The vehicles, a Pontiac G6 and a Chevy Malibu, are currently being held by the District Attorney's office because of their evidentiary value. D.A. Lawrence Friedman opposes both vehicles being returned to Doll, as well as a minivan owned by Doll's mother.
Noonan will issue a ruling at a later date.
An attorney for the estate of Benaquist, Robert Tronolone, put the value of the two cars at $18,000. He said the cars should not be returned to Doll because they are the rightful property of the Benaquist estate.
Attorney Daniel Killelea, appearing on behalf of Doll, asserted that both cars belong to Doll. That Doll purchased the Pontiac at the Odessa Auction in order to resell it, and Benaquist had signed over title to the Malibu so it could be sold through the dealership operated by Doll and Benaquist.
Friedman alleges that the title to the Malibu was forged and that Benaquist had title and insurance for the car in his name and had used it as his own personal vehicle. Friedman also said Benaquist purchased the Pontiac so it could become his personal vehicle. Doll was supposed to complete payment for it though the company's account because private individuals can't buy cars at the auction.
Friedman indicated payment was never made. He further alleged that Doll borrowed money against the Malibu.
"The people presents this as facts, but it's pure speculation," Killelea said. "The records show Mr. Doll purchased (the Pontiac) and whether he purchased on Mr. Benaquist behalf is pure speculation."
Killelea said that after five or six months, the state should have gathered all the evidence it needs for trial from all three vehicles, so they should be released to Mr. Doll.
Friedman said he wasn't going to concede that all of the evidence has been gathered nor that the vehicles would not be shown at trial to a jury.
Judge Noonan did not indicate when he would issue his ruling.
