Two juveniles provided affidavits indicating they received marijuana and cigarettes from Baunee, a judge says.
Fredrick Baunee, an ex-Syracuse police officer, makes a recent court appearance. An Onondaga County judge ruled Tuesday that drugs recovered at Baunee's home can be used against him. Syracuse, NY - Drugs recovered during a search of former Syracuse police Officer Fredrick J. Baunee’s Camillus home can be used by the prosecution against him at trial, Onondaga County Judge Anthony Aloi ruled today.
In an eight-page decision, Aloi ruled authorities had sufficient probable cause for the two search warrants used to search Baunee’s Westfall Street home Sept. 24.
Baunee, 49, was named in a May 5 indictment that accused him of running a drug ring from his home in which Camillus teenagers were used as drug buyers and sellers, vandals and for sexual activities.
Only two of the 46 counts in the indictment related to drugs – marijuana and mushrooms – found by police searching Baunee’s home. The remainder of the charges involve his alleged activities with the various youths involved in the drug ring.
Aloi noted the search warrants were based on affidavits from the stepfather of two boys involved with Baunee, two juveniles and Camillus police Detective James Nightingale.
Aloi noted the stepfather reported he received a phone call Sept. 18 indicating his two juvenile stepsons may have been involved in an altercation at Dunkin Donuts regarding drugs. Upon questioning the boys, he learned they had been supplied with cigarettes and marijuana by Baunee and Baunee’s son, the judge noted.
The man reported that three days later he saw Baunee drive up in front of his home and immediately drive off upon seeing him. The man said one of his stepsons then admitted he had called Baunee to bring him some cigarettes. A search of the boy’s bedroom revealed cigarettes hidden in the ceiling tile, the judge wrote.
Aloi noted that the two juveniles who provided affidavits indicated they had been getting marijuana and cigarettes from Baunee.
One of the youths admitted buying marijuana from Baunee at least four times last summer and that area youths would hang out in the woods near Baunee’s home to smoke.
The other youth claimed he had seen large bags of marijuana with Baunee in his vehicle and that Baunee had marijuana with him all the time. He also said he had seen Baunee sell marijuana to some girls at a Camillus-area apartment complex and that Baunee had cleared an area in the woods near his home for youths to ride four-wheel vehicles and smoke marijuana.
The juveniles’ affidavits clearly implicated Baunee in a marijuana- and cigarette-distributing operation, Aloi wrote. It was reasonable to believe that evidence would be found at Baunee’s residence, the judge concluded in rejecting the defense’s suppression motion.
Aloi adjourned the case to Aug. 10 to set dates for pre-trial hearings and to give defense lawyer Paul Carey an opportunity to seek to reargue the suppression motion.