scott doll

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.

Scott Doll's defense attorney Paul Cambria spent the afternoon trying to build a case that shows any evidence or statements gathered by Sheriff's Office deputies or investigators should be inadmissible in his upcoming murder trial.

District Attorney Lawrence Friedman brought forward four witnesses -- a dispatcher, two deputies and an investigator -- to tell Judge Robert Noonan how they went about questioning Doll and gathering evidence the night in February when Joseph Benaquist was beaten to death in the driveway of his Pembroke home.

With Deputies James Holman, Patrick Reeves and Detective Kristopher Koutz, Cambria asked repeatedly about questions asked and evidence gathered prior to Doll being read his rights or actually being charged with murder.

About two hours after Doll was initially handcuffed and placed in the back of a police cruiser, Doll was charged with trespass for parking his mother's red Ford van on the auto repair lot at Main Road. and Route 5 in Pembroke.

Judge Noonan won't rule on the motion until receiving written briefs from both sides in the case. That could take seven or eight weeks.

Cambria is seeking a rulling that would throw out any statements Doll made prior to being read his rights, as well as any evidence gathered before he was charged with killing Benaquist.

Deputy James Diehl was the first officer on scene. He said he found Doll wandering on the east side on North Lake Road. When he stopped, he said, Doll turned around and walked back toward the cruiser. Diehl exited his vehicle. He motioned, he said, at an object he could see in Doll's pocket, and Doll put his left hand in the air, then slowly grabbed the object -- possibly a lug wrench -- with two fingers and dropped it to the ground.

Diehl observed what he believed to be blood on the knees and thighs of the camouflage jumb suit Doll was wearing. Doll also had what appeared to Diehl to be blood on his sneakers and on his face.

Doll told Diehl he was out for a walk because the doctor had warned him he needed to reduce his heart rate and his cholesterol, Diehl testified.

Doll reportedly told Diehl that he was walking up to Gabby Road to a friend's house and Diehl asked Doll if he wanted a ride, and Doll said he did.  Diehl asked Doll to sit in the back seat of the cruiser. Before getting in, Diehl said he told Doll he had leather seats and maybe he should let Diehl handle the lug wrench and jack Doll was carrying, and Doll agreed.

During questioning, Doll explained the blood on his clothing by saying that he butchered deer.

Diehl testified that he thought it was strange that Doll would be walking where he was on North Lake Road when he lives in Corfu, which has a much nicer village atmospher for a leisurely stroll.

The initial report of a suspecious person walking on North Lake Road came from an unidentified individual who apparently is a law enforcement official (he was identified in court by his call numbers only).  This individual later pulled up in a dark pick up truck and spoke with Diehl.

It was after this person arrived that Diehl decided to handcuff and search Doll.

Diehl then drove Doll to the corner of Main Road and Route 5, where Doll said he had left his van.

"I didn't know what was going on with the blood on him," Diehl said. "I wanted to see what was in the van, pretty much, 'where did the blood come from?'"

Diehl found blood on the van, on the ground next to the van and a pair of bloody cloves on the hood of a car next to the van.

Cambria, in his cross examination, drew special attention to how cooperative Doll was throughout this initial contact, making no attempt to feel, cooperating with every request and doing nothing, it would appear, to make him a suspect in a major crime.

He also ensured Diehl testified that Diehl never read Doll his Miranda warning (you've heard it on Adam-12: "You have the right to remain silent, etc."). 

Under cross, he also testified that at the time he discovered Doll and found all of the blood, that he didn't know if it was animal or human blood.

Cambria is also working to undercut the law enforcement case that Doll was legitimately questioned and detained because he allegedly trespassed on private property. With Diehl, as well as the subsequent witnesses, Cambria established that the property in question did not have a "no trespass" sign, was not marked "private property," did not have "no parking" signs, nor were there chains designed to keep vehicles out of the lot.

Doll was handcuffed in the back of the car for at least three hours before being transported to the Sheriff's Office on Park Road.

Benaquist's body wasn't found until 1:30 a.m.

The first back-up officer on scene, according Diehl, was Deputy Patrick Reeves. 

Reeves apparently knows Doll and his family.  He was very concerned, afraid even, he testified, that after seeing Doll covered in blood that Doll had harmed another person.  Reeves initiated an effort to locate members of Doll's family and ensure they were safe and to see if they knew anything about why Doll was in the shape he was in.

Reeves recounted this line of questioning with Doll (which Cambria would later note took place before Doll was read his rights -- also, Reeves said that at this point, his heart was racing and he was getting scared about what might have happened):

"Tell me it's deer blood," Reeves said.

"Enough about the blood," Doll responded.

Doll then said, "Do what you've got to do."

"What would you want me to do?"

"What about an attorney?"

"Who do you want me to call?"

"I don't know. I guess my divorce attorney."

He also asked him at some point, "Is that human blood," and Doll responded, "I can't tell you that. You know me better than that."

He said at that point, he started trying to contact anybody who might know Doll and what might be going on.

"I was really scared that Mr. Doll would know who was seriously injured or even dead."

Later, back at the Sheriff's Office, Reeves tesified that he overheard Doll say, "I didn't do it," but Cambria drew out of Reeves that Reeves didn't make a note of that statement in his reports.

Next on the stand was Det. Kristopher Kautz, a 20-year veteran of the department.

The key portion of Kautz's testimony dealt with his decision to allow a friend of Doll's visit him in the interview room.

Doll's girlfriend and this friend, Teresa Zolakowitz (spelling not available at this time) arrived at the station at 3:30 a.m.

Kautz said he questioned the two women at some length without revealing that a body had been found, but neither women had any information that enlightened him as to the circumstances of the case.

At this point, Teresa was insistent that she be allowed to talk with Doll. Kautz said never previously in his career had he allowed such a think, but she was so persistent, he decided to let her into the room, provided she agree that he could be present and take notes of the entire conversation.

Later, during cross from Cambria, Kautz did say that he did not give Doll the option of not taking part in the personal meeting with Kautz present, though when informed of the woman coming he, Doll did not object.

Kautz recounted the following questions and answers:

"What happened?"

"I was there, but didn't do it."

"Was something wrong at your pad?"

"No."

"Does this involve an animal?"

"No."

"Tell me there is no dead body."

"I can't do that."

After being allowed to review his notes, Kautz added that Doll also said, "Let the chips fall where they may," and "I'm going to be in jail for some time," and, "It's an open and shut case," and, "I will get what I deserve, I guess."

Again, Cambria noted that this conversation took place before Doll was read his rights.

On his final redirect, Friedman noted that DNA swabs were taken after Doll was charged with the crime, and that some key pieces of evidence -- such as the blood on his face and the bloody gloves -- needed to be properly secured before the evidence was lost or damaged, even though detectives had not yet determined what was going on.

After the hearing, I happened to overhear Doll say to a woman in the audience, "Be careful what you say. They will twist it out of context."

The girlfriend of Joseph Benaquist told authorities the night Benaquist was killed in the driveway of his Pembroke home that Benaquist and murder suspect Scott Doll had a "troubled transaction" involving two vehicles, according to court documents filed with the County Clerk's office late this afternoon.

The revelation is contained in an opinion issued by Judge Robert C. Noonan, answering several motions filed by Doll's attorneys.

Noonan denied a motion to supress evidence obtained with a search warrant issued on Feb. 20.

Benaquist's battered body was found between two blood splattered cars in the early morning hours of Feb. 17, Noonan says in his opinion. The cars were a Pontiac G6 with a flat tire and a Nissan Altima with an automobile jack at its side.

The Pontiac was tagged with license plates from a Chevrolet Malibu purchased by Doll and Benaquist, but registered to and used by Benaquist.

Benaquist, Noonan writes, was scheduled to meet with Doll hours prior to the discovery of his body, according to Benaquist's girlfriend.  Phone records reveal Doll had called Benaquist earlier that afternoon.

A hearing on further motions is scheduled for June 16 at 1:30 p.m.

Read the full decision (PDF)

Among Scott Doll's statements the night Joseph Benaquist was found dead in his Pembroke driveway, was: "I was there, but I didn't do it.," his defense attorney Paul Cambria said during a motions hearing today

Cambria is preparing a defense to explain away any statements that Doll might have made the night of the killing, Feb. 17,  that the prosecution could use as admissions of guilt.

Deputies found Doll walking along North Lake Road in Pembroke around 8:40 p.m. that night. According to initial reports, Doll was soaked in "fresh blood"  and "dressed all in camouflage" and carrying a car jack, a screwdriver and a lug wrench.

None of those items, however, were used in the murder, and among Cambria's other motions were ones related to the insufficiency of evidence that led to Doll's arrest warrant and warrants for the search of his vehicles, mobile phone and home.

The murder weapon has not been found.

Cambria made it clear during the hearing that he doesn't believe Doll killed Benaquist and opened the door to speculation that a third person was present at the time of the attack.

"There is no way anybody could testify that (only) my client was present at the time of the crime," Cambria said.

Outside of saying that Doll said "I was there, but I didn't do it," Cambria didn't share what other statements Doll reportedly made that night, but he's clearly concerned that some statements could damage his defense.

Among claims raised by Cambria during today's hearing was that Doll wasn't read his rights properly.

Meanwhile, while stating that the defense will not make any attempt to claim insanity or mental defect, Cambria is asking that an expert witness, a psychiatric professional, be allowed to testify who will  offer "an innocent explanation" of Doll's conduct and statements.

"We are not claiming at all (that Doll was mentally incapacitated)," Cambria said. "This is not a matter if 'I did it, however ... ' It's clearly a case of 'I didn't do it.'"

Cambria indicated that investigators improperly disregarded Doll's statement that he didn't kill Benaquist.

Due to the that statement not being fully considered, the timing and method of searches of Doll's van, as well as Doll's arrest without sufficient cause, call into question all of the warrants used in the case, according to Cambria.

The warrant application is "probably one of the most insufficient I've seen in my years," Cambria said. "It's kind of astonishing really that with no accusations in the warrant request that warrant could be issued."

First Assistant District Attorney David Gann took issue with Cambria's statements during his brief reply.

The warrant "provides numerous details that Mr. Cambria perhaps went by pretty quickly in his characterization of the warrant," Gann said. "It is lengthy and it is detailed."

Gann raised no issues of evidence or gave any indication of the prosecutions strategy during his reply to Cambria.

One of the defense's motions dealt with discovery and the issue of reviewing the medical examiners report. Gann said the report should be completed in three to four weeks.

County Court Judge Robert Noonan will issue a written opinion on all of the motions from today's hearing (many of them are routine and were submitted in writing only), but not until after a hearing, called a Huntly hearing, on the motion related to Doll's statements.

That hearing is scheduled for June 16 at 1:30 p.m.

UPDATE: Scott DeSmit obtained transcripts of Scott Doll's statements the night of the murder. Read his story for more details on Doll's statements.

Scott Doll, accused of murdering Joseph Benaquist in February, is on the docket today at 1:30 p.m.  The docket lists "oral arguments" as the reason for the appearance.

We plan on being there for the hearing.

UPDATE 4:15 p.m.:  Scott Doll was released this afternoon.

Yesterday, I sent a series of questions about the planned supervised release of Scott Doll to Genesee Justice, which will supervise Doll while he's out on bail.

A few minutes ago, I received this response Tiffany M. Szymanek, Assistant Director:

In response to your inquiry, we are limited in our ability to respond to all of the questions you are asking at this time.  We can confirm that this afternoon the Defendant, Scott Doll, will be released on bail, as well as on Electronic Monitoring, which will be supervised by our office.

Our questions related to the level of supervision and monitoring Doll might receive.

UPDATE: Genesee Justice sent us a PDF copy of a brochure that explains more about the agency's services.

In all likelihood, Scott Doll will be released on supervised bail today (if he isn't already out of jail).  From all appearances, it looks like he and his attorney are planning a vigorous defense, as is his right.

One of the advantages of the United States is that we have a judicial system that presumes innocence and requires the government to prove its case before incarcerating an accused criminal for any length of time.

Suspects are afforded due process, the rule of law and all of the burden for proving guilt rests with the government.  It isn't up to the accused to prove his lack of complicity.  It is up to the government to win a conviction.

This is good for all of us.  It protects us from arbitrary arrest -- as often happens in less enlightened countries -- and assures us a fair chance to avoid an unjust conviction.

Our legal system isn't perfect, as no human-run institution can be perfect, but it works pretty well.

Based on some comments we've seen on The Batavian, some people are assuming Scott Doll is guilty.  The case against him doesn't look good. He was found covered in blood not far from the scene where Joseph A. Benaquist was found beaten to death. Doll and Benaquist had a prior business relationship. They once worked in the same detention facility.  The circumstantial evidence against Doll is reasonably strong.

But none of us were there. And none of us have yet seen the direct evidence that might convict Doll. 

In our legal system, it's dangerous to jump to conclusions, no matter how compelling the initial case may seem.

Unless the judge grants a change of venue, 12 honorable people from Genesee County will be called upon to judge Mr. Doll's guilt or innocence. Some of those people may be regular readers of The Batavian or aware of the case through other media. It's important that those jurors maintain an open mind, giving Mr. Doll every benefit of the doubt and requiring the government, as is its obligation, to prove its case beyond a reasonable doubt.

The legal system protects all of us. We should be sure to protect and preserve the system.  We're long past the days of vigilante justice and kangaroo courts. Let's keep it that way.

CORFU, N.Y. -- Todd Skeet won an easy re-election as mayor of Corfu tonight, but the vote count that will probably get the most attention is the 47 ballots cast for Scott Doll.

Doll is the GOP candidate accused of murder. The unusual Corfu election has received a little national news coverage.

Skeet received 109 votes.

In the trustee vote, Ralph Peterson received 138 votes and Al Graham tallied 97. Ken Laur received 56 votes.

Lorie Longhany, chair of Genesee County Democratic Committee, said: "Todd, Al and Rosey Peterson exemplify a common sense approach to local public service.  They work tirelessly for the betterment of the village of Corfu and that is what local government is about.  I congratulate them on their re-election. The Democratic Committee is proud to have endorsed Todd Skeet and Al Graham."

UPDATE: Here's the official results from the Corfu clerk's office:

Results of Village of Corfu Elections were as follows:
(Winner in Bold & Underlined)
                                                                                                                      

Mayor: (2) Years – Democrat    – Todd A. Skeet          109
Mayor: (2) Years – Republican  – Scott F. Doll           47
        Write –in                David Bielec             2


Two Positions
Trustee: (2) Years – Democrat   – Albert Graham Jr       97
Trustee: (2) Years – Democrat   – Ralph Peterson         84
Trustee: (2) Years – Republican – Kenneth J. Lauer       56
Trustee: (2) Years – Republican – Ralph Peterson         54
          (Ralph Peterson – Total votes  138


Justice: (4) Years – Democrat   – Robert Alexander       85
Justice: (4) Years – Republican – Robert Alexander       62
                                         Total           147

TOTAL NUMBER RESIDENTS VOTING:  165
 

BATAVIA, N.Y. -- Scott Doll, accused of murdering Joseph A. Benaquist, could be released on bail as early as today, according to District Attorney Lawrence Friedman, pending implementation of additional release conditions of the judge and fitting Doll with a GPS tracking device.

Doll must also surrender his passport and his pistol permit. He will also be prohibited from carrying guns.

"This is a unique situation," Friedman said. "It's what I call a hybrid. (In addition to bail) the judge is imposing numerous conditions on his release."

Depending on when all of the conditions of his release are met, Friedman said, Doll could be free either today or tomorrow.

Bail was set at $100,000 cash or $200,000 bond, Friedman said, and the defendent secured a bond.

His next scheduled court appearance is May 20 for pre-trial motions.

Friedman said the investigation is ongoing and there are no new developments that he can discuss.

Asked if a motive has been uncovered, Friedman said, "The nature of our obligation is to prove elements of the case beyond a reasonable doubt. Motive is not an element of the crime, and as you know, both sides have an obligation to ensure a fair trial so motive is not something I would even discuss."

Doll is the Republican candidate for mayor in Corfu and that election is being held today.

UPDATE: The Daily News has additional information from this morning's bail hearing.

UPDATE II: WBTA has audio of an interview with Friedman posted.

UPDATE III: The national media continues to pick up on the "accused killer running for mayor" angle. Here's MSNBC's short story.

When Scott Doll was arrested for the alleged murder of 66-year old Joseph Benaquist in Pembroke a few weeks back, it was at a time while he was preparing to run for mayor of Corfu.

Doll, who entered a not guilty plea on Tuesday, remains on the ballot because it was too late for the Republican party to take him of the ticket. Doll's family owned a supermarket in the village for years and he had only recently moved back to Corfu. He has no prior experience in government.

The only Genesee County village to hold an election on Wednesday is Corfu, so Doll is in jail and will make news for two reasons on that day. He is scheduled for a bail hearing, but will also be a choice for voters as he will be facing incumbent Todd Skeet in the election.

The Buffalo News today previews the Corfu elections, while also noting that Bergen, Elba, Le Roy and Oakfield do not hold elections this year while Alexander will be holding a meeting-type election in April.

 Scott Doll was arraigned in Genesee County Court Tuesday and entered a plea of not guilty.

Doll is the Corfu man that is charged with the murder of his friend and business parter, Joseph Benequist, on Feb. 16. 

Doll's attorneys asked judge Robert Noonan to allow him to post bail because he is a custodial parent to his 17-year old daughter, has a clean record and can afford the bail. 

"He's going to make every court appearance," Attorney Paul Cambria says in Daily News reporter Paul Mrozek's story. Doll, if released pending trial, will wear an ankle bracelet that can track his whereabouts with a global positioning system, his attorney said.

Doll is facing life in prison if convicted of the killing and Noonan has scheduled a bail application hearing for Wednesday, March 18.

Scott F. Doll, of Corfu, indicted in the beating death of Joseph A. Benaquist two weeks ago, is scheduled for arraignment today at 2:15 p.m.

Please be sure to check back later for coverage.

The arraignment has been postponed due to judge's illness.

There's an underlying assumption in today's Daily News story on murder suspect Scott Doll's mayoral candidacy in Corfu that Doll shouldn't be on the ballot.

Two phrases related to America's judicial system spring to mind: presumption of innocence and innocent until proven guilty.

Doll hasn't even been indicted yet for the beating death of Joseph Benaquist.

The evidence against Doll, as reported so far, is pretty damning.  But none of us where there. None of us yet really know what's going on.  There could be as yet some undiscovered or unreleased piece of evidence exonerating Doll.

I'm not saying or even suggesting that such evidence exists.  The issue to me is it seems a violation of due process to remove Doll's name -- a punishment of sorts -- from the Corfu ballot until he's convicted.  Shouldn't we just drop the question of whether his name is on the ballot until he is either convicted or admits the crime?  If neither happens before the election in March, it's up to the voters of Corfu to decide whether they want to stand behind a man suspected of murder.