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Grand Jury: Man indicted for allegedly stealing more than $3,000 worth of brass in Pembroke

By Billie Owens

Jonathan D. Knauss is indicted for the crime of third-degree burglary. It is alleged that between August 2014 and June 2015 Knauss knowingly entered or unlawfully remained inside a building in the Town of Pembroke with the intent to commit a crime. In count two, the defendant is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property, in this case brass, valued in excess of $3,000. In count three, Knauss is accused of criminal possession of stolen property, 3rd, a Class D felony, for allegedly knowingly possessing stolen property with the intent to benefit himself or someone other than the owner, or to impede the recovery by an owner of the property, when the value of that property was more than $3,000.

Law and Order: Trooper reports seeing driver doing donuts in fire hall parking lot, makes arrest on DWI charge

By Howard B. Owens

Keith C. Michels, 38, of Alden, is charged with DWI and uninspected motor vehicle. With a state Trooper parked nearby and watching, Michels was observed doing donuts in the parking lot of the Alexander Fire Department on Route 98, Alexander. Upon further investigation, the Trooper allegedly observed that the vehicle did not have a current inspection sticker and the Trooper reported detecting the odor of alcohol emanating from Michels. Michels was transported to the Batavia Barracks of the State Police where he was allegedly found to have a BAC of .13.

Ian RIchard Eli Tarbell Sr., 43, of State Route 37, Hogansburg, is charged with transport and sale of 4,800 cartons of untaxed cigarettes, failure to keep right and moving from lane unsafely. Tarbell was stopped at 8:42 a.m. Thursday on Route 77, Pembroke, by Deputy Lonnie Nati. Tarbell was jailed on $100,000 bail.

James Francis Scharf, 50, of Walker Lake Ontario Road, Hilton, is charged with second-degree criminal contempt and trespass. Scharf was arrested on a warrant issued by Oakfield Town Court and jailed on $2,500 bail.

Andrew Charles Webster, 22, of Gilette Road, Alexander, is charged with petit larceny. Webster was arrested on a warrant. He was jailed on $2,000 bail or $4,000 bond.

Law and Order: Byron man accused of stalking

By Howard B. Owens

Jaime Vega Tinuco, 26, of Walkers Corners Road, Byron, is charged with stalking, 4th, and endangering the welfare of a child. Tinuco allegedly showed up at the residence of a 16-year-old female after being told numerous times to cease contact. Bail was set at 2,500.

Woodrow Horseman, 39, of Walnut Street, Batavia, is charged with criminal trespass and endangering the welfare of a child. Horseman allegedly refused to leave the residence of another person. Horseman was released under supervision of Genesee Justice.

Kyle B. Smith, 27, of Knox Road, East Aurora, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to signal. Smith was stopped at 12:36 a.m. Saturday on Richmond Avenue, Batavia, by Officer Mitchell Cowen.

A 17-year-old resident of Walnut Street, Batavia, is charged with menacing, 2nd. The youth is accused of menacing a 14-year-old with a realistic looking BB gun.

Amber L. Ostrander, 25, of West Main Street, Fillmore, was arrested on a warrant. Ostrander was arrested by the Wyoming County Sheriff's Office and turned over to Batavia PD. She posted $500 bail and was released.

Martin F. Jones, 44, of Liberty Street, Batavia, is charged with petit larceny. Jones allegedly stole two cans of beer valued at $2.67 from Southside Deli. Jones was jailed on $2,000 bail or $4,000 bond.

Nicole Georgantopoulous Belluccio, 35, of Juliane Drive, Rochester, is charged with possession and transport of more than 400 untaxed cigarettes and obstructed plates. Belluccio was stopped at 12:47 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Belluccio was allegedly found in possession of 6,400 untaxed cigarettes.

Jimmy Ray Wenzel, 29, of Seven Springs Road, Batavia, is charged with criminal contempt, 1st. Wenzel was allegedly in contact with a person in violation of an order of protection. Wenzel has a prior criminal contempt conviction within the past five years.

Amy Lynette Cliff, 44, of West Main Street, Byron, is charged with driving while ability impaired by alcohol, refusal to take prescreen test and speeding. Cliff was stopped at 9:35 p.m. Tuesday on Parkview Drive, Bergen, by Deputy Joseph Corona.

In Corfu, winter is celebrated on a 50-degree day

By Howard B. Owens

There was still enough ice on the rink behind the Corfu Village Hall for a bit of hockey today during the annual Winterfest, despite the temperature hitting 50 degrees.

Nobody was complaining about the warm weather as they enjoyed food, vendors, music and a basket raffle.

Corfu-Pembroke Community Winterfest is Saturday at the community center

By Billie Owens

The Corfu-Pembroke Community Winterfest will be held from 10 a.m. to 6 p.m. this Saturday, Jan. 30, at the Pembroke Community Center. It's located at 116 E. Main St. in Corfu.

Music, entertainment, food, prizes, raffles and more are in store so join your friends and neighbors for a good time. Bring canned goods and non-perishables for door prize tickets to benefit the Pembroke-area food/meals programs. Admission is free to this family-friendly event.

In the morning, there will be breakfast sandwiches and baked goods for sale. In the afternoon, hamburgers and hot dogs will be available, plus chicken BBQ offered by the Corfu Free Library. For BBQ pre-sale tickets, call 599-3321.

The Corfu Fire District will sponsor a Kids' Korner and there will be a roomful of youth-based activities and giveaways. The Genesee County Sheriff's Department will offer the Safe Child ID Program.

Here's a lineup of what to expect:

  • Al Starkweather -- Historian: "Music History in Our Backyard"
  • Magic by Larry Kohorst (in the courtroom) -- 11:30 a.m. to 12:30 p.m.
  • Outside events, including ice rink skating/sledding/bonfire -- weather permitting
  • Balloons by Paul Schuler
  • K-9 Demo featuring canine "Destro" and Sheriff's Deputy Erion -- at noon

Under the Big Top:

  • Corfu-Pembroke Community Band -- 10 to 11:30 a.m.
  • DPS Jazz Trio -- noon to 1 p.m.
  • Pembroke Central School Ensemble -- 1:15 to 3:15 p.m.
  • Alexander Central School Ensemble -- 3:30 to 5:30 p.m.

Other fun things include:

  • PYA Basket Raffle
  • Dozens of vendors and crafters
  • Pembroke Art CLub Show (on display in the conference room)

Attorney for Scott Doll seeks hearing on missing fingernail scrapings

By Howard B. Owens
   File Photo: Scott Doll

The attorney handling the murder conviction appeal of Scott F. Doll is asking for a hearing on why a Monroe County medical examiner testified during Doll's trial that fingernail clippings were taken and retained from the victim, Joseph Benaquist, when they were not.

Timothy Murphy argued his motion today in Superior Court, but presiding judge Michael F. Pieturszka was full of skeptical questions. 

Repeatedly, in various ways, Pieturszka asked Murphy what would be gained by a hearing when it's already known that the evidence doesn't exist. A hearing isn't going to suddenly produce the evidence, the judge noted.

Murphy argued that is presumably in the best interest of the court to find out why the trial judge -- Robert C. Noonan -- was misled about the existence of the fingernail clippings. Murphy also repeatedly stated that he didn't blame the DA's Office for the missing evidence, but he thinks the ME's Office should explain the now clearly false testimony that the evidence was collected.

At the time of trial, neither the DA nor the defense, led by Paul Cambria, requested DNA evidence from the fingernail clippings. The lack of the evidence was only discovered after Judge Robert C. Noonan, now retired, ordered the Monroe County ME's Office produce it.

Scott LaPoint, a deputy ME, testified in Doll's trial that the evidence is routinely collected and that it was collected in this instance.

Pieturszka asked what the pratical result of a hearing might be since a hearing wouldn't make evidence appear that didn't exist.

"The court is entitled to know why an order was not enforced and fully enforced," Murphy said, arguing that it was in the best interest of the court to find out why false testimony was given and why the ME's Office wasn't able to satisfactorily produce evidence Noonan ordered produced.

The fact that there may have been a third person's DNA at the scene of the crime, on Benaquist's left boot, made the inquiry all the more important, Murphy asserted, but Pieturszka asked whether even that fact was relevant without any idea of how the DNA came to be introduced into the crime scene.

It's an incomplete DNA sample, so a third person cannot be identified with it. There's no indication that, if there was a third person present, it was at the time Benaquist was killed, or if it was on Benaquist's boot prior to the attack, or if it accidently came from an investigator after the fact.

ADA Will Zickl argued that even if Murphy's request had merit, it wasn't related to the motion presently before the court. Zickl said Murphy could bring a new motion to uncover the information he seeks, but the fact that the evidence doesn't exist and can't be produced ends the original motion that prompted the discovery of the mistake.

Murphy also wants hair samples from Benaquist subjected to DNA testing to see if any third-party DNA might be found. But Zickl argued that it was such a bloody crime scene and the hair was covered so thoroughly with Benaquist's blood, there is nothing to be gained by another round of tests.

"The pulled hair samples are not worth the trouble it would take the lab to test it in light of the circumstances," Zickl said.

Pieturszka is reserving his decision until a later date. He gave Murphy two weeks to file a memo supporting his position, and Zickl two weeks after that to produce an answering memo.

Previously: DNA sample can't be matched to 2009 murder victim, nor the man convicted of killing him

Forl all previous coverage of the Scott Doll case, click here.

Law and Order: Shoplifting investigation leads to weapons possession charge

By Howard B. Owens

Philip Michael Molina Sr., 30, of Slade Road, Medina, is charged with criminal possession of a weapon, 3rd, and aggravated unlicensed operation of motor vehicle, 2nd. Molina was arrested following an investigation into a shoplifting complaint at Walmart involving a female companion. Molina was allegedly found in possession of metal knuckles and driving on a suspended driver's license. He was jailed on $15,000 bail or $30,000 bond.

Thomas C. Williamee, 45, of Clay St, Le Roy, is charged with petit larceny. Williamee is accused of shoplifting from Tops Market in Le Roy. He allegedly stole $8.11 in merchandise.

William A. Andrews III, 36, no permanent address, Batavia, was arrested on a warrant for alleged aggravated criminal contempt. Andrews allegedly violated a complete stay away order of protection. He is accused of punching the protected party in the face at 1:55 a.m. Aug. 23 while on West Main Street, Batavia.  Andrews charged with another count of aggravated criminal contempt for allegedly being with the protected party at the time of his arrest at 11:23 a.m. Friday. He was jailed on $10,000 bail.

Justin T. Pahl, 31, of Perry Road, Le Roy, is charged with endangering the welfare of a child. Pahl allegedly punched out a window during an incident reported at 8:30 a.m. Friday at a location on Thomas Avenue, Batavia, causing shards of glass to scatter in a room where there were two children, ages 2 and 6.

Amanda R. McDonald, 34, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to pay restitution stemming from a December 2013 incident. McDonald was arraigned and released on her own recognizance with the balance due on her restitution by her next court appearance, March 24.

J'Shon K. Naegely, 19, of Montclair Avenue, Batavia, is charged with criminal possession of stolen property, 5th. Naegely is accused of possessing and selling a video game console and video games that did not belong to him.

Allison Josephine Minnick, 22, of Maple Ridge Road, Medina, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, speed not reasonable and prudent. Minnick was arrested following an investigation by Deputy Chad Cummings into a motor-vehicle accident reported at 5:16 a.m. Saturday on Route 262, Byron.

A 17-year-old resident of Judge Road, Alabama, is charged with aggravated harassment, 2nd. The teen allegedly sent threatening text messages to a female victim causing annoyance and alarm. 

Cheryl A. Baker, 32, of Rochester, is charged with forgery, 2nd, falsifying business records, offering for file a false instrument, criminal impersonation, 2nd, and driving on a suspended registration. Baker was arrested by State Police for alleged criminal activity in the Town of Pembroke. She was jailed on $15,000 bail. No further information available at this time.

Matthew D. Chojnacki, 80, of Akron, is charged with DWI. Chojnacki was stopped at 1:23 p.m. Friday on Route 33, Bergen, by State Police.

Renderings of planned veterans cemetery

By Howard B. Owens

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These are renderings of the planned veterans cemetery at Route 77 and Indian Falls Road in Pembroke. We just received digital copies and wanted to share them.  Keep in mind, these are not the final architectural plans, but proposed layout of the property.

Click on the first photo to view the slide show.

Previously: New national cemetery in Pembroke could open for first burials within three years

New national cemetery in Pembroke could open for first burials within three years

By Howard B. Owens

The first deceased veteran could be buried in the planned new veterans cemetery in Pembroke within three years, according to VA officials who presented information on the project at a meeting Thursday night at the VA Hospital in Batavia.

The VA's National Cemetery Administration is completing the planning process now, then an architect will complete the site design, which will enable the creation of construction documents so the project can go out to bid.

Before bidding can open, Congress will need to authorize spending for construction.

Spending approval is likely to be not much more than a formality, said Glenn Madderom, with the cemetery administration. The project has the support of New York's congressional delegation, so it should be included in the 2017 budget that Congress begins working on in October. 

Madderom shared the preliminary site design, which included an outline of an area to be constructed first so that that section could be opened for burials within 18 months of the start of construction.

The drawings shared with the audience of about 100 people, mostly veterans, included the entryway, flag assembly area, public information building, maintenance building, committal shelter and columbarium.

The cemetery has yet to be named. Local veterans are invited to submit name suggestions and one of the criteria for the name is that it have the broad support of area veterans.

It must also be a geographic name that will help anybody in the nation locate the cemetery. It can't be named after a person or other non-geographic identifier. It should have a positive connection to the history of the region.

Local funeral director Ron Konieczny, a veteran active in the American Legion, said that several families whose veteran loved ones have died have had their remains cremated and the urns are stored at Konieczny's funeral home awaiting internment in the new cemetery. What Konieczny wanted to know is, what about families whose loved ones were buried in private cemeteries, could those remains be transferred to the veterans cemetery?

The answer is yes, but the family must pay for the disinterment and transportation to the cemetery. Once the remains arrive at the gates of the national cemetery, the cemetery administration takes over.

There is no cost for any veteran or veteran's spouse and qualifying children to be buried in a national cemetery. The service, casket or urn, burial plot and burial service are all provided at no cost to the family.

Typically, Madderom said, when a new cemetery opens, there are the remains of 100 to 150 veterans waiting to be interred.

Questions about this service included whether married veterans each get their own plot and what about the veteran with multiple spouses.

In cases where both people in a marriage are veterans, both are eligible for their own plot or urn niche, or they could share, if they request that arrangement.

In the case where a spouse dies and both are veterans and they want to be buried next to each other, a neighboring plot is kept vacant. Otherwise, plots are assigned on a first come, first-served basis. There are no plot reservations (say, a request to be buried under a tree or a location with a view) in a national cemetery.

Which raised the question, about the veteran who remarries?

Multiple spouses can be accommodated, said Jim Metcalfe, who will be director of the new cemetery. 

"Yes we do have some veterans out there who do have three spouses buried with them," he said.

Other questions dealt with construction materials and vegetation.

Headstones are all uniform and made of white marble, which can only be obtained in Vermont and Georgia.

Architect Joseph G. Sporko, from the LA Group in Saratoga Springs, said he is looking at locally quarried limestone and bluestone for design elements, such as the entryway, in the cemetery. Native species for trees and plants will be given first consideration for inclusion in the landscape, but the plants must also be functional, such as providing appropriate windscreens.

An audience member asked about using Medina sandstone, but Sporko said there are no longer any sources available for Medina sandstone. A contractor in the audience who deals with stonework agreed with that assessment.

Mark Tillotson, from the VA's Office of Construction and Facilities Management, encouraged anybody who hasn't been to a national cemetery to do so. He said the VA takes a great deal of care in the design and care of veterans cemeteries. People who do visit are easily convinced their veteran loved ones should be lain to rest in such a beautiful setting.

"Once somebody sees a national cemetery, it's really a moving experience," he said.

Top photo: Glenn Madderom. Second photo: Mark Tillotson speaking.

Law and Order: Couple accused of stealing elderly victim's credit card, going on spending spree

By Howard B. Owens
     Terry Roth      Michelle Hamill

Terry M. Roth, 40, and Michelle Hamill, 48, both of Batavia, are charged with third-degree grand larceny. Roth is also charged with second-degree forgery. Hamill is accused of stealing a credit card from the wallet of an elderly victim who was under her care as a healthcare aide in the victim's residence. The victim is presently under 24-hour care. Roth, accompanied by Hamill, allegedly made $23,000 in unauthorized purchases in Genesee, Erie and Monroe counties. These alleged purchases were documented through surveillance video at the stores, according to State Police. Roth was jailed on $25,000 bail. Hamill was released under supervision of Genesee Justice.

Kyle Robert Ratulowski, 19, of Elenore Place, Batavia, is charged with petit larceny. Ratulowski is accused of shoplifting from Walmart.

Nicole Marie Capretto, 32, of Lewiston Road, Batavia, is charged with petit larceny. Capretto is accused of stealing $100 from the cash register of the Pembroke Arrow Mart along with a 12-pack of Bud Light beer.

Alissa Marie Eastridge, 18, of Summit Street, Batavia, is charged with petit larceny. Eastridge is accused of shoplifting from Walmart.

Ryan James Sundown, 35, of Meadville Road, Alabama, is charged with criminal mischief, 4th, criminal obstruction of breathing, endangering the welfare of a child, and resisting arrest. Sundown allegedly choked the victim, threw her phone to prevent her from calling for emergency assistance and attempted to leave the scene in his truck, striking another vehicle with his son in the backseat. Sundown was allegedly intoxicated.

VA hosting public meeting tonight on proposed Pembroke cemetery

By Howard B. Owens

The VA Medical Center in Batavia is hosting a public meeting tonight to share information and solicit feedback on the planned veterans cemetery in Pembroke.

The meeting is scheduled from 6:30 to 8 p.m. in Building #4.

Speakers will include Joshua M. de Leon, National Cemetery Administration, Glenn Madderom, Department of Veterans Affairs Cemetary Development and Improvement Service, and Mark Tillotson, Department of Veterans Affairs Office of Construction and Facilities Management.

Officials will provide an update on the project and seek feedback on the master plan and design process.

The proposed 132-acre parcel will serve the burial needs of more than 96,000 veterans and eligible dependents for at least 70 years. The initial phase of construction will develop about 70 acres and provide for 10 years worth of interments.

The VA purchased the property at 1232 Indian Falls Road for $625,000 in May 2014.

Local child gymnasts competed in 21st annual Winter Graffiti Meet in Niagara Falls

By Billie Owens

Submitted photo and press release:

The MCA Gymnastics competitive team, the Brockport Junior Eagles, competed at the 21st Annual Winter Graffiti Meet in Niagara Falls on Jan. 9th and 10th. There were 325 gymnasts that competed at this meet and many were from Genesee County. This was the third meet of the season and the girls are off to a great start.

The Level 3 gymnasts placed 2nd as a team and had several top finishers. In the child age 9 division, Genna Klein, of Oakfield, placed 6th on Vault, 1st on bars with a 9.25, 2nd on beam with a 9.025, 2nd on floor with a 9.475 and 1st all around with a 36.85.

In the level 3 senior division, Haylie Leitten, of Alexander, placed 3rd on vault with a 9.25, 2nd on bars with a 9.20, 1st on beam with a 9.425, 1st on floor with a 9.8 and 1st all around with a 37.675. Anna Logsdon, of Le Roy, placed 2nd on vault with a 9.4, 1st on bars with a 9.375, 7th on beam, 7th on floor, and 3rd all around with 36.625. Robin Scroger, of Batavia, placed 6th on vault, 7th on bars, 3rd on beam with a 9.0, 3rd on floor with a 9.45 and 4th all around with a 36.175. Abrianna Gabriel, of Batavia, placed 9th on vault, 5th on bars, 6th on beam, 5th on floor and 6th all around with a 35.825. Elizabeth Sorensen, of Le Roy, placed 4th on beam, 8th on floor and 7th all around with a 35.425.

The Level 4 gymnasts placed 2nd as a team and also had several top finishers. In the child ages 6-9 division, Victoria Rogoyski, of Churchville, placed 5th on vault, 6th on bars, 9th on beam, 9th on floor and 8th all around with a 33.55.

In the Level 4 child age 10 division, Kassidy Tully, of Brockport, placed 4th on vault, 1st on bars with a 9.425, 3rd on beam with a 9.225, 1st on floor with a 9.45 and 1st all around with a 36.55. Sydney Konieczny, of Batavia, placed 9th on vault, 3rd on bars with 8.4, 5th on beam, 4th on floor and 5th all around with a 34.45.

In the level 4 Junior/Senior 11 and up age division Alexis Potter, of Brockport, placed 8th on vault, 4th on bars, 4th on beam, 1st on floor with a 9.2 and 3rd all around with a 35.55. Cameron Parker, of Pembroke, placed 15th all around.

Level 6 gymnasts Carli Kirkwood, of Byron, placed 10th on bars and Autumn Mathisen, of Byron, placed 9th on beam. Level 7 gymnast Sara Cottone, of Le Roy, placed 6th on vault, 2nd on bars with a 9.075, 10th on beam, 8th on floor and 8th all around with 35.725.

Pembroke Lady Dragons deliver $10K to Roswell Park

By Howard B. Owens

Members of the Pembroke Girls Basketball Team, along with coaches and Pembroke staff, delivered a donation Friday to Roswell Park for $10,287. The money was raised during last week's Shoot for a Cure basketball game. The annual event has raised more than $40,000 to help search for a cure to cancer.

Photo submitted by Mike Wilson.

DNA sample can't be matched to 2009 murder victim, nor the man convicted of killing him

By Howard B. Owens
   File Photo: Scott Doll

A single DNA sample obtained at the scene where Joseph Benaquist was found murdered Feb. 19, 2009 does not match the DNA profile of the victim and may not match that of the man convicted by a jury for his murder, Scott F. Doll, according to a recent report produced by the Monroe County Crime Laboratory.

The laboratory, in compliance with a court order issued by Judge Robert C. Noonan in April, examined about two dozen blood samples from the crime scene and determined that the left boot of Benaquist had two possible blood stains. One of the DNA profiles, the lab found, clearly matches the DNA profile of Benaquist, but the other is insufficient to match either Benaquist or Doll.

Appeals attorney Timothy Murphy, in a Dec. 16 letter to Doll at the Elmira Correctional Facility, characterized this finding as promising news. He said the report indicates a third person's DNA was found at the scene.

There is no information available on who the DNA sample might match. Neither Benaquist nor Doll are ruled out as a possible match.

The report reads:

The minor component of the DNA profile is insufficient to support an inclusion or exclusion and is therefore not suitable for comparison. No further conclusions can be reached regarding the minor component mixture.

The lab-tested bloodstains are from the roadway near Benaquist's home at 683 Knapp Road, Pembroke, from the driveway at the residence, from both of Benaquist's boots, from a shirt, a sock and a jacket.

Only the left boot contains a DNA profile that can't be matched to any known person.

The lab report is part of a set of documents provided to The Batavian by Andrew Doll, brother of Scott Doll.

The documents also contain a letter from Monroe County Medical Examiner Caroline Dignan stating that contrary to testimony from Monroe County Deputy Medical Examiner Scott LaPoint in the trial of Doll, no fingernail clippings were collected during the autopsy of Benaquist.

LaPoint testified that such clippings were always collected in a murder investigation and that procedure was followed in this case.

This new evidence, along with additional information, has Andrew Doll feeling even more skeptical about his brother's murder conviction. These include: the unexpected lack of fingernail clippings; his belief that the driveway at 683 Knapp Road was washed down within 24 hours of the murder being discovered; and that a murder weapon has never been recovered.

He's never felt, he said, that his brother has the temperament to become so angry and so out of control that he would bludgeon to death one of his very best friends. There is simply no reason Scott Doll would have killed the 66-year-old Benaquist, Andrew Doll said.

"I just feel there is more to this than what's on the surface," Andrew Doll said. "There seems to be a lot of loose ends that need to be looked at. For the sake of both families, I'm hopeful we can get to some kind of conclusion."

Andrew said his brother asked that the evidence be shared with local media because he wants people to know he's not a murderer.

Scott Doll has maintained his innocence from the beginning and leveraged his life savings along with family money to hire a nationally known attorney from Buffalo, Paul Cambria, to mount his defense at trial. Since his conviction in June 2010, Doll has pursued a couple of appeals. His murder conviction was upheld by the NYS Supreme Court in July 2012.

Last year, Murphy filed a new appeal seeking a reexamination of the DNA evidence used in the case.

Two days ago, Murphy scheduled an interview about the new development in the case for this morning. But then Murphy said he decided he could not comment on the case at this time.

We don't know, therefore, what will happen next with the case, what strategy Murphy will pursue to press forward with an appeal, or if that's even in the cards.

So far we've been unable to reach ADA Will Zickl, who is handling the Doll appeal for the District Attorney's Office.

Doll was sentenced to 15-years-to-life in state prison, the minimum sentence available to Judge Robert C. Noonan on Doll's murder conviction. The way Andrew Doll sees it, he said, the minimum available sentence suggests strongly that even Noonan, who sat through the entire trial and heard all of the evidence, doesn't believe Scott Doll committed the murder.

Noonan stated during the sentencing that he thought Doll deserved a shot at parole before he was too old or would likely die in prison.

Scott Doll became a suspect when he was found by Deputy James Diehl wandering on Lake Street in Pembroke in blood-soaked overalls. During the course of the early part of the investigation, Doll made statements about the situation, including an assertion that the blood was from a deer he had butchered. The blood turned out to be that of the murder victim. For hours, Doll was in police custody but would not discuss where the blood came from or disclose the location of a person who might need medical attention. While in custody, he made statements that were later used against him at trial.

Andrew Doll acknowledged none of that made his brother look good.

"My brother did things that didn’t seem right and weren't right, and to this day, he doesn’t know what he did and why," Andrew Doll said.

Pembroke's Shoot for a Cure raises another $10K

By Howard B. Owens

Press release:

In 2012, The Pembroke Girls Basketball Team decided to use their passion for playing basketball as a platform from which to host a fundraiser for breast cancer research at Roswell Park in support of a community member. As a result, the girls and their coaches organized an annual event, naming it "Shooting For A Cure!" through which they raised over $30,000 in contributions for Roswell Park Cancer Institute (RPCI) in past four seasons.

On Tuesday, the team played to the buzzer in their fifth annual Shooting For A Cure! game and raised $10,287.16, making their total RPCI donation over $40,000 since the event’s inception. During an emotional halftime ceremony, the team honored 18 cancer survivors, personifying their dedication to this cause.

Coach Ron Funke and his Pembroke Girls Basketball Team will present the full proceeds of their latest fundraiser to RPCI officials in the hospital lobby this Friday at 2:30 p.m. It’s a post-game tradition that Funke acknowledges has great meaning to the program.

“These girls are the driving force behind this fundraiser," Funke said. "What started many years ago in support of my wife’s diagnosis has continued to grow each season. The girls on this team are incredibly compassionate individuals.

"A few weeks ago they volunteered at the Carly’s Club Christmas party and rang bells for the Salvation Army. This group is truly special. Yet I have to say that the most meaningful part of Shooting For A Cure! is always visiting Roswell to donate what’s been raised.

"The girls once again put on their pink jerseys and travel to Roswell to present a check to hospital officials. Being there at the hospital, surrounded by people who are actually fighting their own battle against cancer never fails to inspire the girls. It’s a tangible reminder of how their efforts off the court are saving lives.”

More than a dozen alumni players from the previous Shooting For A Cure! events were in attendance last night, helping to run raffles and contests as well as cheering on the current team. Alumni Cora Erb (Class of 2013) hasn’t missed a game since its commencement.

“Playing in the first two Shooting For A Cure! games meant so much to me, not only because it’s for a great cause, but also because I lost someone very close to my heart from cancer," Cora said. "When I stepped on that court I played my heart out knowing in some way that I made my father proud.

"I come back every year to show my continued support for these girls and this cause. I know what it’s like to lose someone from cancer and I know I would want their support, just as they have mine.”

Dannielle DellaPenta (Class of 2014), a three-time game alumna, was also in attendance last night.

“The annual Shooting For A Cure! game means a lot to me," Dannielle said. "It brings our community together in support of others, focusing on the bigger picture in life. There is a sense of togetherness in our community.

"It’s about honoring those who have won their fight, supporting those who are still battling and memorializing those who we’ve lost. This event is simply beautiful and I'm forever grateful for the opportunity to still be a part of something so amazing.

"You never know if, when or who may be affected by cancer. Seeing so many people come together brings teams, families and communities together. When people come together like this they accomplish great things.”

The hallways surrounding the gymnasium were lined with balloons, decorations, photos and raffle tables. The basket raffle had more than 80 basket items to choose from, including donated items from various merchants and community members. There were three different raffles to choose from, highlighted by an Autographed Jack Eichel jersey, PlayStation 4 gaming system and diamond ring.

In addition to the raffles, the cafeteria was serving up slices of pizza from local area pizzerias, Original Pizza Logs, Perry’s Ice Cream and a variety of beverages donated by Coca-Cola Bottling Company. The cafeteria was uniquely set up and renamed “Mr. Brown’s Snack Shack” for the evening paying homage to its perennial coordinator, Arron Brown.

The list of WNY companies, vendors and individuals who donated to Shooting For A Cure! numbers more than 90, including 26 Shirts, Batavia’s Original, Big Pauly’s Pizza, Buffalo Bandits, Buffalo Bills, Buffalo Bisons, Buffalo Sasbres, Carly’s Club, Coca-Cola Bottling Company, Darien Lake Theme Park, Insty-Prints, Kendall’s Impressive Marks, LaPaloma Pizzeria, Mac Tools, Manitoba Corporation, Minute Print, NFL Films, Original Pizza Logs, Party City, Perry’s Ice Cream, Petals to Please, Russell’s Steaks, Chops & More, Target, Tim Horton’s, Tony’s Pizza, Yancey’s Fancy, and YMCA of Batavia.

Additionally, online donations are still being accepted at the team’s online fundraising page: (https://www.crowdrise.com/shooting4acure).

RPCI officially sanctioned the fifth annual Shooting For A Cure! game as an official Team Cure fundraiser and as a valuable example of the way that young people today can make a difference.

“It’s inspirational to have a group of teens who are so passionate about raising critically-needed funds for cancer research at Roswell Park," said Julia Harvey, Team Cure coordinator. "These girls continue to demonstrate an incredible amount of compassion.

"To think in one evening that this group of young women, with the support of Coach Ron Funke, Mike and Jen Wilson as well as their entire community, were able to raise over $10,000 is remarkable!

"This small community has a big heart! They continue to amaze us every year with this event. To think that this small school district has raised over $40,000 in five seasons is extraordinary!”

Submitted photos.

Six people accused of dealing drugs in Genesee County

By Howard B. Owens
   Joseph Platten
   James Soccio
   Joseph Gaudio
   Jennifer Maychoss
   Nicholas Patterson
   Edward White

The Sheriff's Office announced the following arrests as a result of investigations conducted by the Local Drug Task Force.

Joseph M. Platten, 32, of Warren Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. Platten allegedly sold a quantity of a controlled substance to an agent of the Drug Task Force while in the City of Batavia. Platten was jailed without bail.

James R. Soccio, 34, of Ross Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 5th. Soccio allegedly sold a quantity of methadone to an agent of the Drug Task force while in the City of Batavia. He was jailed without bail.

Joseph C. Gaudio, 35, of Telephone Road, Pavilion, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd. Gaudio allegedly sold a quantity of cocaine to an agent of the Drug Task Force. He was jailed without bail.

Jennifer S. Maychoss, 41, of Snipery Road, Corfu, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.  Maychoss allegedly sold cocaine and pills containing a controlled substance to agents of the Drug Task Force in the Town of Batavia and in Pembroke. She was arraigned in Pembroke Town Court and released on her own recognizance and arraigned in Town of Batavia Court and jailed on $5,000 bail.

Nicholas E. Patterson, 21, of Kilian Road, Pembroke, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Patterson allegedly sold a quantity of pills containing a controlled substance to agents of the Drug Task Force in the Town of Batavia and in Pembroke. He was released under supervision of Genesee Justice.

Edward Jordan White, 20, of Michigan Street, Lockport, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. White's vehicle was stopped Dec. 30 by members of the Local Drug Task Force for allegedly operating on a suspended license. White was accused of possessing crack cocaine and marijuana. He is also accused of aggravated unlicensed operation. He was also arrested on a warrant out of Genesee County Court for alleged violation of probation. White is alleged to have sold a quantity of heroin and crack cocaine to an agent of the Drug Task Force on another date while in the City of Batavia. White was jailed without bail.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Law and Order: Drug arrest follows traffic stop

By Howard B. Owens

Edward Jordan White, 20, of Michigan Street, Lockport, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana and aggravated unlicensed operation, 2nd. White was stopped by members of the Local Drug Task Force on Dec. 30 for allegedly driving on a suspended driver's license. White was allegedly found in possession of a quantity of marijuana and cocaine. White was also allegedly in violation of probation.

William Guadalupe Potter, 62, of North Pearl Street, Oakfield, is charged with harassment, 2nd. Potter allegedly pushed a woman into a wall causing her to fall over.

Brian Eric Dagger, 30, of Batavia Street, Holley, is charged with petit larceny. Dagger allegedly stole a bottle of Robitussin tablets from Kmart. He was jailed on $2,500 bail.

Seth Ryan Doster, 24, of Alleghany Road, Darien, is charged with petit larceny. Doster allegedly stole $102.20 in merchandise from Walmart. Also charged, Sarah Dianne Lazarus, 24, of Alleghany Road, Darien.

Kim Marie Spencer, 56, of Chick Road, Darien, is charged with DWI. Spencer was arrested by Deputy Michael Lute in connection into an investigation into an incident reported at 6:49 p.m. Thursday on Chick Road, Darien. The investigation is continuing and additional charges are pending.

Jeffrey Lynn Shultz, 21, of Walkers Corner Road, Byron, is charged with criminal contempt, 2nd. Shultz allegedly engaged in an unsupervised visit in violation of a court order.

Kenneth Fred McGiveron, 25, of Route 78, South Wales, is charged with no stop lights, open container, DWAI drugs and alcohol combined and DWAI drugs. McGiveron was stopped at 12:58 p.m. Saturday on Route 77, Pembroke, by Deputy Lonnie Nati.

Leonard Alfred Johnson, 23, of Hutchins Street, Batavia, is charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd. Johnson was a passenger in a car stopped by Officer Chad Richards at 5:23 p.m. in the parking lot of Horizon Health Services, 31 Ellicott St., Batavia. Johnson allegedly fled on foot following the traffic stop, but returned on his own a short time later. Police allegedly found a bag containing a dozen smaller bags of cocaine, which Johnson indicated belonged to him. Johnson was jailed without bail.

Coretta M. Pitts, 47, of Williams Street, Batavia, is charged with second-degree harassment. Pitts allegedly scratched the face of another person during an argument reported at 4:50 a.m., Saturday. Pitts was jailed on $400 bail.

Jason A. Armstrong Sr., 43, of Main Road, East Pembroke, is charged with first-degree criminal sexual act and criminal obstruction of breathing or blood circulation. Armstrong allegedly choked and had unwanted sexual contact with another person during an alleged domestic incident reported at 10 p.m. Nov. 6 on South Main Street, Batavia. Armstrong was jailed without bail. Armstrong was also charged with strangulation, 2nd, and assault, 2nd, for an alleged incident reported at 6 a.m. Dec. 22 at a location on South Main Street, Batavia.

Robert W. Blankenberg, 31, of Union Street, Le Roy, was arrested on a warrant. Blankenberg was stopped for an alleged traffic violation and arrested on the warrant.

Robert D. Kendall, 55, of Jamaica Lane, Cheektowaga, is charged with leaving the scene of a property damage accident, moving from lane unsafely, driving a motor vehicle on sidewalk, driving through safety zone and unlawful possession of marijuana. Kendall was charged after an investigation into an accident reported at 12:03 p.m. Dec. 29 on Oak Street, Batavia. Kendall was located by police in the parking lot of a business on West Main Street following a tip from a witness.

Michael J. Henry, 48, of State Street, Batavia, is charged with disorderly conduct. Henry is accused of continuously using obscene language outside his home on State Street while police officers were there investigating a complaint.

Michael J. Antonucci, 33, of Alexander Road, Attica, is charged with criminal contempt, 2nd. Antonucci allegedly violated a complete stay away order by sending a text to the protected party.

Jason W. Wolf, 39, of West Main Street Road, Batavia, is charged with aggravated unlicensed operation, 2nd, and driving without interlock device. Wolf was stopped at 5:04 p.m. Dec. 29 on Brooklyn Avenue, Batavia, by Officer Mitchell Cowen.

Kenneth J. Wolter, 45, of Watson Street, Batavia, is charged with unreasonable noise. Wolter was allegedly playing music an unreasonable level at 10:37 p.m. Dec. 30 and he refused repeated requests to turn it down.

Robert Ernest Saari, 34, of Meiser Road, Corfu, was arrested on a warrant for alleged failure to appear. Saari allegedly failed to appear in City Court on a traffic violation. Saari posted cash bail and was released.

Melvin J. Swanson, 60, of Main Road, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to obey traffic control device and open container. Swanson was stopped at 1:58 a.m. Friday on South Main Street, Batavia, by Officer Mitchell Cowen.

Entrapment reported in accident near county line on Main Road, Pembroke

By Howard B. Owens

A one-vehicle rollover accident with entrapment is reported in the area of 173 Main Road, Pembroke.

That's at the county line.

Pembroke and Indian Falls fire departments dispatched along with Mercy EMS.

UPDATE 10:27 p.m.: Wires may be down in the area.

UPDATE 10:49 p.m.: Mercy Flight is nearly on location. The patient is being extricated.

UPDATE 11:01 p.m.: Mercy Flight is about to go airborne to return to quarters.

UPDATE 11:22 p.m.: Reader submitted photos posted.

UPDATE 11:44 p.m.: A source shared that an 84-year-old driver is banged up but should be OK. The victim thinks he may have fallen asleep at the wheel.

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