At least one of the six jurors who found Scott Doll not guilty of promoting prison contraband earlier this week is pretty certain Doll did, in fact, transport a balloon of crushed aspirin into the Genesee County Jail.
The proof, however, just wasn't there, she said.
Doll was accused of bringing the aspirin into the jail in violation of law following his conviction of murder for killing Pembroke resident Joseph Benaquist.
Corrections officers testified to finding Doll in a holding cell on May 20 covered in white powder, with white powder on a sink, the floor and the bed, along with a green balloon sitting on the bed.
The juror -- whom we agreed to identify only as Juror #2 -- called The Batavian today because she was bothered by a statement from Sheriff Gary Maha about the verdict.
"Who knows, maybe they felt sorry for him because he's been convicted of murder and they thought, 'what's this silly little charge?'" Maha told The Batavian.
Nothing could be further from the truth, said Juror #2.
While the juror said she agrees with Maha that it makes no sense to believe anybody with the jail staff gave Doll the aspirin, she just didn't feel the case was made that Doll had the aspirin on his body when he entered the jail.
How it got there, she doesn't know, and Doll is the most likely culprit, but she just couldn't vote to convict him on the available evidence.
"We’re not saying there isn’t anybody who didn’t do their job," the juror said. "We’re not saying that at all. There was just no proof that he brought it in."
She said she was bothered by the fact that the prosecution did not offer the balloon into evidence, that there was no DNA evidence that might show Doll "stuck the balloon up his bum" or no photos were shown to put in perspective how much white powder was found in the jail cell.
The description of the amount of white powder found in the cell, Juror #2 said, left the impression that the amount of aspirin must have made the balloon "the size of a baseball."
She just didn't see how Doll could have hidden a balloon that size on his body and have it go undiscovered through three pat down searches.
The first vote, by secret written ballot, was 5-1 for acquittal. The one juror who favored guilty then asked the other jurors to explain their reasoning. After a short discussion, another vote was taken and "not guilty" was the unanimous decision.
Juror #2 said as far as she's concerned, it never crossed anybody's mine to let Doll off out of some sort of sympathy or that the case seemed too trival to bother with compared to his murder conviction.
"We took the case very serious," she said.
She also admitted that when she was first seated on the jury, she was sure Doll was guilty.
"You just don’t know," she said. "Things totally change when you are sitting in the jury box and you’re listening to all the evidence and you’re listen to all that testimony and you’re like, ‘wait a minute, I didn’t think of that.’"
It is different when you are
It is different when you are sitting in the jury box. Despite personal opinions, looking at things through the directions of the judge truly changes things. This was a silly issue to bring to trial.
After reading the second
After reading the second paragraph of this article it led me to believe the sheriff caught him red handed !
http://thebatavian.com/blogs/howard-owens/scott-doll-accused-promoting-…
Lisa, now that I have been
Lisa, now that I have been dragged through the legal system, I have observed some sad trends.
#1 The DA or ADA DO NOT dismiss charges. Once a charge is brought, you are in THEIR system. I was arrested for Endangering the Welfare of a Child in August. The arrest report said that my 8 1/2 yr old son was dropped off and nobody was there. First of all he was never dropped off. The school principal wrote a statement that she tried to call me but could not reach me. I was at work, she called my home and my cell which I do not usually have during work hours. She told them she did not have my work number which was not true and I have documentation as proof. I spoke with the school administrator and showed him the proof and he confirmed that obviously they DID have my work number. Not only that, but I have two of the nicest neighbors who know where I work and what I do, and that I am often on call, and they will take my son in an instant for me. Even if my son were dropped off at home, he has a key to get in and neighbors who would do anything for him/us. The ADA just looks for other things that may look bad for you, even if it is not true, doesn't matter. You have to decide how much you want to spend and how much of your life you want swallowed up by the injustice system. I paid $1000 to the lawyer and took the deal: 35 hours community service and an ACD. I am a single mom who works full time plus to make up for dead beat dad who owes us well over $60,000.00 in child support. My community service will take me away from my kids more and my church volunteering (separation of church and state). I now must watch my p's and Q's and that is why you do not see me post anymore (til now) I love my country but fear my government. I want to get out of Genesee county as soon as I can now, I know many other surrounding counties are looking for good tax payers.
Talk about silly...do you think this issue for Chris Charvella will just drop? NOT a chance. Now the good people of Genesee County will see how it really works, especially the ones who think it will never happen to them! Wait a few months then ask Chris how he enjoyed his ride. Get your bank roll ready, Chris or plead out to the ACD and save a few bucks and stress. Nobody is innocent, and at least you did something to deserve your fate, even if it was just a petty thing.
#2 Never believe what you read, Dave!! Local and State law enforcement agencies never report it right. Often times things are extremely exaggerated or just plain untrue. Much is opinion! The Batavia Daily after printing completely false info on me provided by the Sheriff Dept received MANY calls from my friends and family to print a retraction! Days later they printed a tiny one sentence correction that nobody saw. Even after the editor told me what paper to look in, I scoured it and had to call back to find out where it was!
Reading some of the comments on here, you realize how naive others are about the system. I pray many of them are not on juries because they make up their mind based on what the paper says. That is why I could not take a chance on a jury trial. All it takes is one! God Bless...
By the way, about the worst
By the way, about the worst thing you could do to me (if you REALLY want to hurt me) is to accuse me of hurting my children. I live for my children! I don't go out or spend money on myself. Instead I take my kids to the movies, Dave and Busters, family outings to the zoo or park, pancake breakfasts, church dinners, Sunday school, car shows, fishing, bowling etc. Ask Howard how many times he has seen me out with the kids at festivals...Bergen, Byron, Main St Batavia! They are involved in sports and youth group, my older son went to Philly this year on a mission trip! There is nothing I would not do for my children and they are very happy.
I seem to recall being taught
I seem to recall being taught in school that the prosecution needs to prove guilt beyond 'reasonable doubt', not 'all doubt'. Is this accurate?