By William LaForme
Accused serial child molester John Burbine has lost a bid to suppress evidence seized during the 2012 investigation of his activities and his wife’s illegal daycare business.
Burbine’s attorney, William Barabino, filed a motion in September to suppress evidence allegedly involving child pornography that was gathered by investigators looking into the separate matter of the illegal daycare formerly run by Burbine’s wife, Marian. Marian Burbine has remained under house arrest at the couple's home in Wakefield since the early days of the case.
One of John Burbine's alleged victims is from Waltham.
In a Thursday email response to Wakefield Patch, Barabino said, “We respect the court’s decision and appreciate his detailed memorandum outlining the court’s decision. I expect that this will give us the opportunity to explore otherwise novel treatment options in the area of serious sex offense defendants in the Commonwealth."
A laptop computer allegedly containing images of child pornography was seized by investigators at the Burbine residence on Sept. 27, 2012. Investigators had reportedly been at the home seeking evidence in connection with the illegal day care business run by Marian Burbine, the defendant’s wife who has remained under house arrest in connection with those charges. During that visit, an investigator allegedly spotted two images involving child pornography, which led to a search warrant and the additional evidence being seized.
In the motion, the defense maintains that the search of the Burbine home “masked an intent to search for evidence of child pornography which was inconsistent with the lawful purpose for which the search warrant was issued.”
Also, the defense maintained that the two images initially spotted by an investigator were not legally seized under the plain view doctrine because “the two digital images of child pornography viewed by a forensic investigator during the initial search of an Apple laptop computer was not unanticipated or unexpected.”
“The investigating officers had probable cause to believe, before entering the defendant’s residence, that digital media containing child pornography would be found there,” stated the motion to dismiss. “Thus, the subsequent search of the Apple laptop computer for digital images of child pornography was beyond the scope of (the search warrant) which authorized a search of digital media limited to evidence of an unlicensed child care program.”
Burbine’s trial is expected to begin later this year.