BATAVIA , NY -- In a brief conversation this morning, District Attorney Lawrence Friedman said he wasn't surprised yesterday when the attorney for Scott Doll, accused of murder, implied that maybe it was Doll's son who killed Joseph Benaquist on Feb. 16, 2009 in Pembroke.
As for whether Josh Doll will be called as a witness in the case, Friedman at first said, "You'll have to ask them," motioning toward the defense table.
Asked if Josh Doll was already on his witness list, Friedman said Judge Robert Noonan doesn't really like attorneys to specify who is on what list. He then said, "I just don't know (if he will be called)."
Doll's attorney, Paul Cambria, said he never discusses beforehand who he plans to call as a witness.
Of course, under the 5th Amendment of the U.S. Constitution, people have the right not to make statements that implicate themselves in crimes. If Josh Doll took the stand, he could refuse to answer any questions that might implicate him in a crime.
Of course, if he wasn't involved in the crime, he would be compelled to testify truthfully to anything he knew.
An attorney we spoke to said that under court rules, neither the prosecution nor defense can call a witness they know in advance will take the 5th.
In yesterday's opening remarks, Cambria said that according to Scott Doll, Benaquist's dying words were, "The boy. The boy." Some minutes later, Cambria said, Doll began to wonder if those words meant that Josh Doll was the killer.
Cambria used the concern of Scott Doll over the possible involvement of his son to suggest that Doll's state of mind may explain some of his actions and statements to Sheriff's deputies.
The trial restarted this morning shortly after 9:45 a.m.
Because of a prior commitment for Judge Noonan, today's trial session will end at 12:30 and resume Monday morning at 9:30.
