While the acquittal of Scott Doll on a promoting prison contraband charge is surprising, said Sheriff Gary Maha, he remains confident that it was Doll who brought a balloon filled with aspirin into the Genesee County Jail on May 20.
"You never know what goes on in a jury's mind," said Maha. "Who knows, maybe they felt sorry for him because he's been convicted of murder and they thought, 'what's this silly little charge?'"
The implication of the defense was that a member of the Sheriff's staff provided Doll with the powdered aspirin. It's a notion that Maha rejects, saying that all of the officers who came into contact with Doll the day he was convicted of killing Joseph Benaquist are professionals who know the regulations.
"We might have to look at the particulars and do some review," Maha said. "We might need to remind our guys to do a more thorough search of incoming inmates."
The initial report released by the Sheriff's Office said that Doll had the green balloon of white powder concealed on his body. But the only evidence introduced at trial was that the first time anybody saw a balloon was when it was sitting on a holding cell bed and Doll was already covered in white powder with more on the floor and the sink.
Maha said he was told from the beginning that the balloon was found on Scott Doll. He said he would ask his investigators about the discrepancy.
He doesn't believe, however, that any policies or procedures need to be changed. The fact that Doll wasn't convicted is more a matter, he indicted, that defense attorney Dan Killelea did a good job of creating reasonable doubt.
Maha agreed with Assistant District Attorney Robert Zickl's closing argument that if any department official was going to give Doll aspirin, why crush it up first? Why not just hand him a bunch of tablets?
"There's no possible way one of our guys gave it to him," Maha said. "That's totally ridiculous. I think he (Killelea) probably wanted to create doubt.
"As far as I know," Maha added, "we did everything right. It should have been a slam-dunk."
Inset photo: File photo of Sheriff Gary Maha.
