Mapp hearing for Shaun Sullivan held regarding State Street drug raid

NORWICH – On Monday, Nov. 23, Chenango County Court saw Shaun P. Sullivan, 34, appear once again on matters related to his previous arrest.

Sullivan had made an appearance in court regarding Judicial Diversion in Oct., 2015; but there has been no word back as to the progress of this motion that was made.

Sullivan was previously involved in a “no-knock” drug bust that the Norwich Police Department carried out on a State Street residence in the City of Norwich last November.

The no-knock took place on Friday, Nov. 7, 2014, at approximately 9:20 p.m. NPD officers forcibly entered the single-family residence with the authority of a search warrant signed by Chenango County Court Judge Frank B. Revoir, Jr.

Once inside, NPD officers arrested three people for alleged crimes and seized large quantities of heroin, crack cocaine, marijuana, and cash. Norwich Police K-9 Nitro participated in the raid and assisted in the discovery of all of the drugs found in the residence.

Miguel A. Abreu, 28, of Brooklyn; Samantha M. Remillard, 35, of Norwich; and Shaun P. Sullivan, 34, of Norwich were the three individuals found in the home at the time the raid took place.

Since the time of the arrest, both Abreu and Remillard have appeared in Chenango County Court. Both Abreu and Remillard have pleaded guilty to their top charge.

Abreu was sentenced to five years in the New York State Department of Corrections with three years post-release supervision after he pleaded guilty to the top charge of criminal possession of a controlled substance in the third degree; a class B felony.

Remillard was sentenced to the plea offer of four months of weekend incarceration, followed by five years probation, after she pleaded guilty to criminal possession of a controlled substance in the third degree; a class B felony.

Sullivan was in Chenango County Court with his attorney, Scott Clippinger, for a Mapp hearing. Mapp hearings are to determine what evidence will be admissible to the court during a court trial.

Chenango County Court Judge Frank B. Revoir Jr. presided over the duration of the Mapp hearing while First Assistant District Attorney Michael D. Ferrarese was present representing the people.

Ferrarese called his first witness to the stand, Norwich Police Narcotics Detective Michael Purdy.

Per questioning from Ferrarese and under oath from being sworn in, “We used a confidential informant to make the purchases,” said Purdy. “There were seven total purchases made throughout the investigation. All the sales were done by Sullivan. I did personally witness the first one on Oct. 9. It was a hand-to-hand sale of crack cocaine.”

Ferrarese then asked about the legitimacy of the search warrant attained, to which Purdy explained: “The search warrant was for the residence and anyone present in the residence. The court granted the search warrant and we executed it on Nov. 7, 2014.”

The search warrant, the incident report, and a spreadsheet made by Detective Purdy were all admitted into evidence.

“Upon entry, Officer Clarke prepared the tactical op-order. When we entered, Clarke, along with everyone else, secured the residence, handcuffed everyone found and cleared the residence as safe. Officer Clarke then boarded up the transport vehicle. I left the residence and did not collect the evidence. I did handle and see the evidence once it was brought to the police station,” said Purdy.

Purdy alleged that 19 bundles of heroin were recovered from the residence. Each bundle contained 10 envelopes of individually packaged heroin for sale. Purdy further alleged that all narcotics seized were sent away for testing, and all evidence seized was photographed.

During re-cross, there was some confusion over an a Xeroxed sticky note written to the District Attorney reading, “Make sure you do not mention the confidential informant and for him to have a lawyer.”

Ferrarese alleged that it was a note from Chenango County DA Joseph McBride to him in order to make sure he didn’t mention the facts of the case before trial or before the grand jury.

“Copies were made and it was never removed,” he added.

Purdy alleged that his copy of the incident report did not contain this sticky note.

Despite Clippinger offering this Xeroxed copy of the incident report to the court for evidence, it was not accepted by the court and not permitted as evidence at this time.

Clippinger then moved to ask about the money used by the confidential informant to purchase the drugs during the seven separate incidents.

Purdy alleged that the money used during the last transaction did match the serial numbers of five of the bills that were seized during the raid.

Ferrarese then called his second witness to the stand. Norwich Police Officer Thomas Miller was sworn in by the court.

Per questioning from Ferrarese Miller explained, “On Nov. 7, at 9:20 p.m., myself and Nitro secured the perimeter of the residence. I didn’t personally collect the evidence, but the dog indicated on all the drugs found. Once we entered the residence, under the bed Nitro indicated on a plate of crack cocaine. Under the desk where a black plastic bag was found, that had the 19 bundles of heroin in it and clear bags of marijuana, the top of the desk, where bags of crack cocaine were found. I didn’t personally see the evidence, but they were taken into evidence.”

Clippinger then was given a chance to question Officer Miller.

“On Nov. 7, 2014 at 9:20 p.m., how did you get that date?” said Clippinger.

“On the front page of the report, exhibit two,” answered Miller.

After a few more questions regarding the legitimacy of the date and time of the incident, Miller was allowed to step down from the stand.

Ferrarese then added, “One stipulation, Officer Clarke who is present today in court as well, was on the team during the incident. He collected three cell phones and a wallet, they were all taken as a part of the search warrant.”

“The cell phones were not explored as a part of the search warrant or the investigation, no objection,” said Clippinger.

Exhibit four was admitted into evidence, which included the items which Officer Clarke seized.

It was alleged in court that the wallet seized did include the ID of Miguel A. Abreu.

“Those four items are not part of the suppression motion?” asked Revoir.

“Yes your honor,” said Clippinger.

Both sides rested on the Mapp hearing at this time.

More will appear on the matter as it regards to any future hearings or updates in the Evening Sun, when it becomes available.

Sullivan was remanded back to the Chenango County Correctional Facility at the conclusion of the hearing.

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